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Home My WebLink AboutCC December 2, 2003 , 1 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 '-J FAX (763) 755-8923 . WWW,CI.ANDOVER.MN,US Regular City Council Meeting - Tuesday, December 2, 2003 Call to Order - 7:00 p.m. Pledge of Allegiance Presentation - National Night Out Award - Sheriff Presentation by Gene Ranieri / AMM Resident Forum Agenda Approval 1. Approval of Minutes (1l/5/03 Special; 11/6/03 Special; 11118/03 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Waive Public Hearing/Adopt Assessment Roll/00-42/ Aztec Estates - Engineering 4. Waive Public Hearing/Adopt Assessment Roll/02-47/Foxburgh Crossing - Engineering 5. Waive Public Hearing/Adopt Assessment RolI/02-50/Maple Hollow - Engineering 6, Waive Public Hearing/Adopt Assessment Roll/02-48/Shady Oak Cove - Engineering 7. Adopt 2004 Fee Ordinance - Clerk 8, Approve 2004 Tobacco and Liquor Licenses - Clerk 9. Award Bids/Used City Equipment - Clerk 10, Adopt Resolution Setting Annual Income Level for Senior Reduced Sewer Rates/Deferred ~) Assessments - Clerk 11. Approve Variance for Nonconforming Lot/3131 169th Lane NW -Planning 12, Approve Conditional Use Permit/Two-Family Home Conversion/2525-2527 1381h Ave. - Planning 13. Approve Conditional Use Permit/Drive-up Window/Walgreens/Bunker and Quinn St. - Planning 14, Correct Ordinance 275/Legal Description for Rezoning/Bunker Lake Village - Planning 15, Approve Pond Maintenance Agreement/Andover Station storm water pond - Planning 16. Call for Bond SalelResolution Levying a Tax for the Payment of General Obligation Capital Notes of 2004 - Finance 17, Call General Obligation Improvement Bonds of 1994C - Finance 18, Call General Obligation Improvement Bonds of 1995A - Finance 19. Call General Obligation Permanent Improvement Revolving Bonds of2000B - Finance Discussion Items 20. Discuss Membership in AMM - Mayor 21, Discuss Coon Creek Corridor Trai1/03-8 - Engineering 22, Consider Lot Split/I 6030 Makah St. NW - Planning 23. Consider Amendment to Sewer Staging Plan/Fire Station #3, Smith & Miller Properties - Planning 24, Consider Rezoning!R-l to R-4115827 Crosstown Boulevard - Planning 25. Consider Conditional Use PermitlLand Reclamation/Soil Storage/2748 161 sl Ave. NW - Planning StaffItems 26, Water Fluoridation Quality Award (Information Only) - Clerk 27, Consider Closing City Hall the Day After Christmas -Administration " Mayor/Council Input \ '- ) Adjournment CD \ .j CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CJ.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator ~ FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: December 2, 2003 INTRODUCTION The following minutes have been provided by TimeSaver for Council approval: November 18, 2003 Regular Meeting I The following minutes have been provided by staff for Council approval: November 5, 2003 Council Workshop November 6, 2003 Council Workshop DISCUSSION Copies of the minutes have been e-mailed to Mayor Gamache and Council Members Orttel and Jacobson with hard copies provided to Council Members Knight and Trude. ACTION REOUIRED The City Council is requested to approve the minutes listed above. Respectfully submitted, tLJLtJ& Vicki Volk City Clerk n / I I., ~ ( d--..;J \ ) 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator Jim Dickinson, Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: December 2, 2003 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business ofthe City of Andover. DISCUSSION Claims totaling $120,201.42 on disbursement edit lists #1-2 from 11/21/03 thru 11/25/03 have been issued and released. Claims totaling $159,482.33 on disbursement edit list #3 dated 12/02/03 will be issued and released upon approval. BUDGET IMP ACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUIRED The Andover City Council is requested to approve total claims in the amount of $279,683.75. 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Ltl Ltl a:l Ltl Ltl ril \ / 0) .-i 0) .... .... 0:: OJ I-< I-< .-i 0 0 0) >< ;:I ..; a:l '0 :3: OJ 0 ~ ril ril U >'I :> 0) ~ 0 0:: >< P< ..; P< P< ..; 0) >'I >'I I-< a:l r... 0 f-< 0) H >'I ~ Z H 0 0 ril 1513 U ril Hr... 0:: f-< P< ";0 ril Nril ril f-< I-r... :>:r- g]S 0) rilM ~ f-<.. o '0) U O)M Z SUf-< ril ><... 0 o::zoo :I: 0).. H r...~~SS Ul U 0) '" f-< 0 ~ >'10 P< >'I:>:rilr...r... 13 >'I ~ ..; I-< ;;10:> ;;I ) I-< .. 0:: uoo::o:: r... .. m UM P'I ..; ~ Z >'I U rill rill-<:>:";ril >'I U ril >'I ZN ril 0' "f-<1-<:3:0) ..; ril " ..; H..... 0:: 0:: r...ID >'I >'I N 0 0' E'i ~ ~, ril ..; 0)..... 13 13: r-lt'O'\.-lN ~ ~: ::> f-< U.... 00;110\00 0 >'I 0 ..;.... r... r.... r-lo;flo;tt\01.D f-< m m' m f-< S'\NDbVE~ @ ) " 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN,US TO: Mayor and Council Members CC: John Erar, City Administrator ad- David D. Berkowitz, City Engineer FROM: Todd 1. Haas, Asst. City Engineer SUBJECT: Waive Public Hearing/Adopt Assessment RolllOO-42/Aztec Estates - Engineering DATE: December 2, 2003 INTRODUCTION The City Council is requested to waive the public hearing and adopt the assessment roll for Aztec Estates, Project 00-42. DISCUSSION The City Council, at the November 18, 2003 meeting, approved a resolution declaring cost and ordering the assessment roll for the Aztec Estates development improvements. The adoption of the assessment roll for this project will levy the improvement costs to the properties within the development. The assessment roll is available in the City Clerk's office for review. ACTION REOUIRED The City Council is requested to approve the resolution adopting the assessment roll for Project 00-42, Aztec Estates. Respectfully submitted, 1:r~ Attachments: Resolution & Letter from Developer / cc: Marty Harstad, Harstad Hills, Inc., 2195 Silver Lake Rd., New Brighton, MN 55112 CITY OF ANDOVER COUNTY OF ANOKA ) STATE OF MINNESOTA / RES, NO, MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 00-42. AZTEC ESTATES. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal \ ' and accrued interest, extending over a period of -1L years. The first of the installments to \ / be payable on or before the 15th day of April 2004, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution, 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 2nd day of December ,2003 with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor " \ J Victoria Volk - City Clerk , 13-03 THU 03:31 PM FAX NO, P. 01 \ ) .. ~ Harstad Hills, Inc. Office (651) 636-9991 2195 Silver Lake Road Fox (651) 636-3422 New Brighton, MN55112 November 13, 2003 David Berkowitz City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Dave: Please consider this my officialletfer waiving the public hearing for the assessments on my property in Andover, Minnesota, known as Aztec Estates. The final ossessment worksheet in the amount of $774.864.30 is acceptable tome. J Sincerely. ~ dA.a ' --.. Martin N. Harstad , J lo.lt"'\Il...., ""\nI..".., "A.~ ~r:'n", (j) \ " ) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER,MN,US TO: Mayor and Council Members CC: John Erar, City Administrator lIIL David D. Berkowitz, City Engineer FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Waive Public Hearing/Adopt Assessment RoIIl02-47/Foxburgh Crossing- Engineering DATE: December 2, 2003 INTRODUCTION The City Council is requested to waive the public hearing and adopt the assessment roll for Foxburgh Crossing, Project 02-47. DISCUSSION The City Council, at the November 18, 2003 meeting, approved a resolution declaring cost and I ordering the assessment roll for the Foxburgh Crossing development improvements. The adoption of the assessment roll for this project will levy the improvement costs to the properties within the development. The assessment roll is available in the City Clerk's office for review. ACTION REOUIRED The City Council is requested to approve the resolution adopting the assessment roll for Project 02-47, Foxburgh Crossing. Respectfully submitted, ~~ Attachments: Resolution & Letter from Developer , cc: Bill Gleason, Grand Teton Development, 8525 Edinbrook Crossing, Suite 101, Brooklyn Park, MN 55443 CITY OF ANDOVER COUNTY OF ANOKA , STATE OF MINNESOTA , RES, NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 02-47. FOXBURGH CROSSING. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of .JL years. The first of the installments to , be payable on or before the 15th day of April 2004, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 2nd day of December ,2003 with Councilmembers voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk , 1432421$\ aYe N, PlymOuth, MN 55447 , : November 12, 2003 City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 33304 Dear David, I have received and reviewed the assessment work sheet for Foxburgh Crossing. I agree with the construction and assessment costs and am willing to waive the right to a public hearing. \ , NOV 12 2003 12:22 PAGE. 02 @ , I 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US TO: Mayor and Council Members CC: John Erar, City Administrator fi- David D. Berkowitz, City Engineer M FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Waive Public Hearing/Adopt Assessment Roll/02-50/Maple Hollow - Engineering DATE: December 2, 2003 INTRODUCTION The City Council is requested to waive the public hearing and adopt the assessment roll for Maple Hollow, Project 02-50. DISCUSSION The City Council, at the November 18,2003 meeting, approved a resolution declaring cost and I ordering the assessment roll for the Maple Hollow development improvements. The adoption of the assessment roll for this project wi111evy the improvement costs to the properties within the development. The assessment roll is available in the City Clerk's office for review. ACTION REOUIRED The City Council is requested to approve the resolution adopting the assessment roll for Project 02-50, Maple Hollow. Respectfully submitted, ttrt~ Attachments: Resolution & Letter from Developer , . ) Ty Caswell, Tyson Homes, LLC, 13360 - 2nd Avenue South, Zimmerman, MN 55398 cc: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , I RES, NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROll FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 02-50. MAPLE HOllOW. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of -1L years. The first of the installments to '-. j be payable on or before the 15th day of April 2004, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember ' and adopted by the City Council at a reQular meeting this 2nd day of December ,2003 with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor - / Victoria Volk - City Clerk jee3 16:29 7638566455 TYSON HJME PAGE El2 \ November 11, 2003 , J To: City of Andover, Minnesota Dave Berkowitz - City Engineer From: Maple Ridge Development Group, LLC Ty Caswell - Principal Tony Boros - Principal RE: Maple Hollow Development - Andover, MN Project Final Costs - Letter of Agreement with We have reviewed the final assessment worksheet for the Maple Hollow development presented to us by Dave H, Andover City Engineer. We are in agreement with the construction & assessment costs as presented via fax on Nov 1 Olh, 2003. , / Furthermore, we formally waive the right to a public hearing regarding the project construction & assessment costs. Respectfully Yours, Ty Caswell Maple Ridge Development Group, LLC 13360 Second Avenue South Zimmerman, MN 55398 , , / - NOV 12 2003 16:40 7638566455 PAGE. 02 CD \ ) 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US TO: Mayor and Council Members CC: John Erar, City Administrator i David D. Berkowitz, City Engineer ilia/'- FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Waive Public Hearing/Adopt Assessment RoIIl02-48/Shady Oak Cove- Engineering DATE: December 2, 2003 INTRODUCTION The City Council is requested to waive the public hearing and adopt the assessment roll for Shady Oak Cove, Project 02-48. DISCUSSION '\ The City Council, at the November 18,2003 meeting, approved a resolution declaring cost and , ordering the assessment roll for the Shady Oak Cove development improvements. The adoption of the assessment roll for this project will levy the improvement costs to the properties within the development. The assessment roll is available in the City Clerk's office for review. ACTION REQUIRED The City Council is requested to approve the resolution adopting the assessment roll for Project 02-48, Shady Oak Cove. Respectfully submitted, t:f(~ Attachments: Resolution & Letter from Developer cc: Mike Quigley, Emmerich Development Corp., 1875 Station Parkway NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ; RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 02-48, SHADY OAK COVE. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal \ and accrued interest, extending over a period of:.JL years. The first of the installments to \ / be payable on or before the 15th day of April 2004, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 2nd day of December ,2003 with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor I Victoria Volk - City Clerk 12. 2003 11: 29 AM NO. 720 P. 2 I I I I I I EMMERICH i DEVELOPMENT CORPORATION I I ! I I : I November 12, 2003 I City of Andover I David Berkowitz I City Engineer 1685 Crosstown Blvd. I Andover, MN 55304 Dear Mr. Berkowitz, : ! I have reviewed the assessments for Shady Oak Cove as submitted and agree with the conclusion. Therefore I agree to accept the resuhs and 'Waive the right for a public bearing. , Thank you, ~d-~~ Mike Quigley Emmerich Development Coxp. / Ul75 STATION PAIID'AT NW. ANDOVI>R. Ml'I55304 . PHONE 763.755.6554 . FAX 763.755.6311 .._, ..-,.~., .......~ PAriI= . vI? 6J \ J CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator d-. FROM: Vicki V olk, City Clerk SUBJECT: Approve 2004 Fee Ordinance DATE: December 2, 2003 INTRODUCTION Each year the City Council adopts a new fee ordinance that includes new fees and increases in existing fees. DISCUSSION The fees that were discussed at the November 6, 2003 Council Workshop are highlighted in green print and fees that were set after that meeting are indicated in red. The fees in red are for sanitary sewer and water rates, connection fees, area charges, park dedication and trail fees. These rates are increased yearly using the Engineering News Record Cost Index. The Fire Department has added new fees for various inspections including day cares, storage tanks, sprinkler systems, alarm systems and commercial hood extinguishing systems. These fees are also indicated in red. Also attached is the 2003 fee schedule for comparison. ACTION REQUIRED The Council is requested to adopt the 2004 Fee Ordinance as presented. Respectfully submitted, I ',. 'fa \ {J c-<--L...-- [", . / Vicki V olk @ / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator tttI- FROM: Vicki V olk, City Clerk SUBJECT: Approve 2004 Tobacco and Liquor Licenses DATE: December 2, 2003 INTRODUCTION Tobacco and liquor licenses will expire on December 31, 2003. DISCUSSION / The following have applied for renewal of their licenses and have submitted necessary insurance documents. The Sheriff and County Attorney have signed off on the intoxicating liquor licenses. Tobacco Andover Liquor Northgate Liquors County Market Pov's Sports Bar & Grill Festival Foods Tobacco Shop G- Will Liquors Tom Thumb #255 Tobacco and Off-Sale 3.2% Malt Liquor Bill's Superette #7 Andover Spur AndoverSuperAmerica Stop-n-Shop #8 SuperAmerica #4497 On-Sale Intoxicating Liquor Jade Catering Pov's Sports Bar & Grill Tanner's Steak House / Off-Sale lntoxicatin$! Liauor / Andover Liquor G- Will Liquors Northgate Liquors ACTION REQUIRED The City Council is requested to approve the above licenses for the period January I, 2004 through December 31, 2004. Respectfully submitted, ~L' il,/L Vicki V olk City Clerk , , / , J 0) , / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator ttdv- FROM: Vicki V olk, City Clerk SUBJECT: Award Bids/Used City Equipment DATE: December 2, 2003 INTRODUCTION Bids were accepted for used city equipment as authorized by Council. The ad was in the Anoka Shopper, the League of Minnesota Cities website, and posted at City Hall. DISCUSSION Attached are listings of the items and the bid amounts. ACTION REQUIRED The City Council is requested to award the bids for used city equipment to the high bidders. Respectfully submitted, LL-. JvIb Vicki Volk City Clerk AfIn....~"".....t: /..:.1 of Illb-S / @ \ , , CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator ~ FROM: Vicki Volk, City Clerk SUBJECT: Adopt Resolution Setting Annual Income Level for Senior Citizen Deferral of Assessments & Reduced Sanitary Sewer Rates DATE: December 2, 2003 INTRODUCTION The city offers reduced sanitary sewer rates for senior citizens. DISCUSSION The annual income has been $22,200 since 1998 and should be increased according to the Federal Rent Assistance for Section 8 Housing. That figure is now $26,850.00. ACTION REQUIRED Council is requested to adopt the attached resolution setting the annual income at $26,850 for senior citizen deferral of special assessments and reduced sanitary sewer rates. Respectfully submitted, ILL- ()4 Vicki V olk City Clerk A -f.J.-L"-t<Iof: l<e'SO.....T;,~ / -- , \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION A RESOLUTION SETTING THE ANNUAL INCOME LEVEL FOR SENIOR CITIZEN DEFERRAL OF SPECIAL ASSESSMENTS AND SANITARY SEWER RATES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fees are hereby established for the year 2004: Annual Income Level for Special Senior Citizen Deferral of Special Assessments and Reduced Sanitary Sewer Rates $26,850.00 (Not to Exceed) Adopted by the City Council of the City of Andover this day of 2003. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria Volk - City Clerk / Sl\NDbVE~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 , FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator Wb- t1/1- Will Neumeister, Community Development Director FROM: Courtney Bednarz, City Plann~ SUBJECT: Approve Variance for Nonconforming Lot/3131 169th Lane NW - Planning DATE: December 2, 2003 INTRODUCTION The subject property contains a dilapidated structure that needs to be removed from the property (see attached photos). The applicant would like to construct a new home in its place. DISCUSSION The subject property was created before 1969. This was before a Zoning Ordinance or minimum lot size requirement were established for Grow Township or the City of Andover. As a result the size of the property is nonconforming. The property is below the minimum lot size in the Single Family Rural Residential (R-l) Zoning District as , indicated in the following table: R-l Subject Requirement Property Lot Width 300 feet 150 feet Lot Depth 150 feet 164 feet Lot Area 2.5 acres 0.56 acres City Code 12-4-3 is typically applied to non-conforming lots to determine whether a home can be constructed on the property. 12-4-3: LOT PROVISIONS: Buildable Lot: I. A lot or parcel of land for which a deed or contract for deed has been recorded in the office of the county recorder upon, or prior to, the effective date of this title shall be deemed a buildable lot, provided it has frontage on a public street right of way which has been accepted and is currently maintained by the city, and said space requirements for the district in which it is located can be maintained or adjusted to conform as follows: a lot or parcel of land of record upon the effective date of this title which is in a residential district and which does not meet the requirements of this title as to area, width, or other open space, may be utilized for single-family detached purposes, provided the measurements of such area, width and yard space are within / sixty percent (60%) of the requirements of this title; but said lot or parcel shall not be more intensely developed. 2. If any plat, for which preliminary approval has been granted by the city council on or before October 21, 1970, is finally approved and filed on or before October 21, 1971, lots contained therein shall be deemed buildable lots, and the provisions ofthis , J section shall apply. In all other cases, the provisions and requirements of this title shall apply. Application of City Code As written, this section does not allow the property to be built upon due to the fact that the property is less than 60% of the area and lot width requirements. The applicant is requesting a variance to this section to allow a new home to be constructed on the lot even though it is less than 60% of the required size. Property Rights The property is zoned Single Family Rural Residential (R-l). A single family house has existed on the property for many years. The use of the property is limited to agricultural or a single family house. The size and location of the property are not conducive to an agricultural use. If the City denies the use of he property for this purpose, this may be considered a taking as reasonable use of the property would be denied. The City may be compelled to purchase the property in this situation. Staff Recommendation Approval of the variance will facilitate removal of an unsafe structure and redevelopment of the property to complement the surrounding neighborhood. Additionally, the City must allow reasonable use of the property to prevent a taking. Staff recommends , approval of the proposed variance subject to the conditions of the attached resolution. , Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed . variance. Due to the short time frame between meetings, the minutes will be forwarded as a supplemental item. Attachments Resolution Location map Photographs of existing house ACTION REQUESTED The Council is asked to approve the proposed variance subject to the conditions of the attached resolution. Cc: Todd Stenvig 480 West Highway 96, Suite 200 Shoreview, MN 55126 -2 - , , ; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE VARIANCE REQUEST FOR MEADOW VIEW HOMES TO VARY FROM CITY CODE 12-4-3 TO ALLOW A NEW HOUSE TO BE CONSTRUCTED ON PROPERTY LOCATED AT 3131 I 69TH LANE NW, LEGALLY DESCRIBED AS: The South 164 feet of the North 264 feet of the East 150 feet of the West 435.6 feet of the South half of the South half of the Northwest quarter of Section 9, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, Meadow View Homes has petitioned to vary from the requirements of City Code 12-4-3, and; WHEREAS, the City Council finds that the special circumstances for the subject property are as follows: I. The property was created before a Zoning Ordinance was adopted. , , 2. The property is zoned Single Family Rural Residential (R-l). , , 3. A single family house has existed on the property for many years. 4. The existing house is in an unsafe condition and is detrimental to the surrounding neighborhood. 5. The City needs to allow reasonable use of the property. Reasonable use of the property would be to remove the dilapidated structure and to allow a new home to be constructed on the property. WHEREAS, the City Council finds that the variance will not be detrimental to the health, safety or welfare of surrounding properties, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to vary from City Code 12-3-4 to allow a new home to be constructed on the subject property under the following conditions: 1. The existing house shall be removed from the property. 2. A new house shall be constructed in compliance with all other applicable sections of the City Code. Adopted by the City Council of the City of Andover on this _ day of ,2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor , , Victoria V olk, City Clerk -3- Variance 3131 169th Lane NW '\ 10 ) 'Tl~IBBt1JJj ,~~ ~ ~ ; \I\\~~g Ii \ itJ.~ 171Rn"""'" ~ j~ \ T V \ \ I I] I \ ---- \ ; I ~ il5 17 'Nn A"<= / ~ ~ ~ ..... - ,..., I- :;;; en 0: ~ \\ 170TH IN 17nTU I .. - 11~ ~ ~ '\ I) ~ ) I~V ~ I~ _ 1"07;-;-, .c 2 IU ~ \ ."'OTU 1-~1 '--, r L - .. - ''''TTU 1\1 ~ ~ , , / N Project Location Map w~' Andover Planning -<1- '. / / -s;-- " ... .' ~-( ~ ,~ . . . ~ ~ . ,> ' , , . i . ~ . t _ t; .,.."" IU'~:~, I!i! "jI!, '-~ l . " .' . ,~ .1-' ~ , 1, . I ~"" "'il-._,,-;..'li' j ,;r ~"," -k 10:, _ ,/~: '.. i'~ r ':;" :(.' ..1 I . $ -':' ~" .~, r" ....:/ ..;; . '.. "" . ....... .. , . t;' J; '., -;:M. ~ .. ~. ' ,'~~ \., '" r-"'''''''''''''''' '~..;-':"j .: /" ,~L . I " I'U <rL . \~'.X5!:':> c ! ~ ;0 , i~:~~:;S-::~ I' ," :i1 ,;;>~ I, 5 ~ - . . -:. j. Jt "" , ..~. ;., _ J" .;,: ~"!;~~:, I "'," . < . ~ c', .. .. . ',,' '..,;)I>' , ~'~i-:;_' ~. ~ ~l~r:~"'''1.. , .,' ~ <t.. "....,,~..' i ,..,' ',. ""l' '"". i ;' ~,~:;-:.;~' ;;;~~;F ~y(~~~.l'~~:. ;\::i~2: l .. '. '.' '. "', "'. " i"".....L r" f .' ~'-: . i ~.~ ~~.:.~ :;.~~~'Fjf.-$~' ::t/!J ,~,.. . "._ .' "',"'_~::"c,"'4'''''I''"'i:--''-c''''''''.'''~-'~' " ,',' ....~;r;:.,:f.J~t~~;t~,:~i Sl\NDbVE~ @ / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator wtL-- af:t.-- Will Neumeister, Community Development Director FROM: Courtney Bednarz, City Plann~ SUBJECT: Approve Conditional Use Permit/Two-Family Home Conversion/2525-2527 138th Ave. - Planning DATE: December 2, 2003 INTRODUCTION The applicant is proposing to create a separate property for each side of the existing twinhouse. The applicant will also be participating in the City's CDBG Rental Rehabilitation Program which offers low interest loans to assist in the renovation of rental properties, DISCUSSION 12-8-1: TWO-FAMILY HOME CONVERSIONS (SPLITS): , A. Two-family home conversions (splits) may be permitted following issuance of a conditional use permit (which shall be reviewed and pertinent data regarding the unit shall be provided, including, but not limited to, submission of a survey setting out each individual lot and its location along said party wall). Each dwelling unit shall be provided with individual sewer stubs, individual wells or sources of water, separate power supply to each living unit, one hour fire separation between living units, and that a party wall agreement and covenant document, including an arbitration clause, shall be entered into by all affected parties. These upgrades to the structure and providing the city a copy of the party wall agreement and covenant documents by the applicant must take place prior to release of the resolution approving the two-family home split. B. In the event a two-family home is lacking the required garage space and/or the minimum housing unit size, the applicant must obtain a variance or bring the unit up to current standards. In the event a unit falls below the nine hundred sixty (960) square foot minimum and is more than fifty percent (50%) destroyed (as determined by the building official), the unit will be required to be rebuilt to meet the minimum of nine hundred sixty (960) square feet and also have a garage that meets the minimum size requirement. This would become a standard condition of any variance to structure size (if it were granted). If the building is improperly located on the lot such that it requires a variance to setbacks, a variance will be required to be granted or the unit will not be allowed to be split. (Ord. 8QQQQQQ, 10-1- 2002) .- Party Wall Fire Rating A one hour fire rating is required on both sides of the wall. This protection must be extended I from the foundation to the roof deck and does not currently exist. This improvement will be required as a condition of approval. Party Wall Agreement A party wall agreement is required to cover such things as repair and reconstruction of the wall as well as exterior maintenance of the units. Separate Utilities Separate connections to municipal sewer and other utilities (electricity, phone, gas, cable) presently exist. A new well will be required as a condition of approval to provide separate water supply to each unit. Conformance with Zoning Regulations M-2 Requirements Parcel A Parcel B Minimum House Size 960 s.f. 750 s.f. 720 s.f. Lot Area 5,000 s.f. 7500 s.f. 7500 s.f. Lot Width 150 feet 50 feet 50 feet Lot Depth 150 feet 150 feet 150 feet Front Yard Setback 40 47.5 feet 47.5 feet Side Yard Setback 30 20 feet 20 feet Rear yard Setback 30 78 feet 78 feet Minimum Garage Size 220 s.f. plus I None None parking space Other Requirements Hard Surface Required Provided Provided Driveway Minimum House Size Neither unit conforms to the minimum house size required by the M-2 Zoning district. As described above a variance is needed to this requirement. The variance would expire at the time the unit is damaged beyond 50% of its value. If one unit is so damaged and the other is only partially damaged the other unit could be repaired and continue to exist as a conforming structure. Lot Width The lot width requirement is based on two units that share the same property. At the present time there is no provision to account for any other type of arrangement. As a result, a variance will be necessary to the lot width requirement to allow the conversion to occur. Side Yard Setback The units do not meet the side yard setback requirement, which is greater than the requirement for single family homes. A variance to this requirement is needed to allow the conversion to occur. / 2 These variances are recommended due to the fact that the existing structure and property are presently non-conforming, which prevents the City from issuing building permits to allow the structure to be renovated. , Minimum Garage Size No garages exist on the property presently. The applicant is proposing to construct a garage on each property as a part of the renovation. A condition of approval will require a garage to be constructed to meet the M-2 Zoning District Requirements. Staff Recommendation Staff recommends approval of the proposed two family home conversion. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed two family home conversion. Please see the attached minutes for more information. ACTION REQUESTED The Council is asked to approve the proposed two family home conversion subject to the conditions in the attached resolution. Attachments Resolution Exhibit A Location Map Survey Photos of Property Planning Commission Minutes Cc: Norton Tucker 4404 Elliot Road NE, Bemidji, MN 56601 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A TWO F AMIL Y HOME CONVERSION TO ALLOW SEPARATE PROPERTIES TO BE CREATED FOR EACH UNIT LOCATED AT 2525 AND 2527 138TH AVENUE NW (P.I.D.33-32-24-14-0007) LEGALLY DESCRIBED ON EXHIBIT A; WHEREAS, Norton Tucker has requested approval of a Two Family Home Conversion to allow separate properties to be created at 2525 and 2527 138th Avenue NW, and; WHEREAS, Norton Tucker has petitioned to vary from the minimum house size, lot width, and side yard setback requirement of the M-2 Zoning District described in City Code 12-3-4 for property located at 2525 and 2527 138th Avenue NW, and; WHEREAS, the Planning Commission finds that the proposed variances will not have a detrimental effect on neighboring properties due to the fact that the structure presently exists and that the purpose of the variance is to allow separate properties to be created for each unit, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: I. To be divided into properties to be described as illustrated on Exhibit A stamped received by the City of Andover October 24, 2003. 2. The applicant shall be required to construct a garage for each unit that meets or exceeds the minimum requirements of the M-2,Zoning District. 3. A variance is granted to the minimum house size for both units. In the event that one of the units is destroyed or damaged beyond 50% of its assessed value, the unit shall only be reconstructed in compliance with the applicable minimum house size prescribed by the City Code. 4. A variance is granted to the minimum lot width requirements of the M-2 Zoning District to allow a lot width of 50 feet for each unit. 5. A variance is granted to the side yard setback requirements of the M-2 Zoning District to allow a side yard setback of 20 feet for each unit. 4 6. The applicant shall be required to submit a signed copy of the City's party wall agreement. The agreement will be required to be recorded with Anoka County and will become a binding document for all future owners of the properties. 7. The applicant shall be required to provide a one hour fire rating on each side of the party wall before this resolution will be released for recording. 8. The applicant shall be required to provide a separate water source and connection for each unit before this resolution will be released for recording. 9. This approval is subject to a sunset clause as defined in City Code 12-5-6D. Adopted by the City Council of the City of Andover on this day of ,2003. CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria V olk, City Clerk J , / 5 EXHIBIT A Page Two , CURRENT LEGAL DESCRIPTION: All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka county, Minnesota described as follows: Commencing at a point of the South line of said South Half of the Northeast Quarter distant 490.0 feet West from the Southeast comer of said South Half of the Northeast Quarter; thence North at right angles to the said South line a distance of 420.0 feet; thence West and parallel with the South line of said South Half of the Northeast Quarter a distance of365.20 feet to the actual point of beginning of the tract ofland to be hereby described; thence continuing West along said parallel line a distance of 100,0 feet; thence North.on a line drawn at right angles to the South line of said South Half of the Northeast Quarter for a distance of 150.0 feet; thence East and parallel with the South line of said South Half of the Northeast Quarter a distance of 100.0 feet; thence South at right angles to said parallel line a distance of 150.0 feet to the actual point of beginning. (County Recorder's Document Number 6926,?4, Anoka, County) PROPROSED LEGAL DESCRIPTIONS: PARCEL A: All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka county, Minnesota described as follows: Commencing at a point ofthe South line of said South Half of the Northeast Quarter distant 490,00 feet West from the Southeast comer of said South Half of the Northeast Quarter; thence North at right angles to the said South line a distance of 420,00 feet; thence West and parallel with said South line of the South Half of the Northeast Quarter a distance of 415.20 feet to the point of beginning of the land to be described; thence North on a line drawn at right angles to said South line of the South Half of the Northeast Quarter for a distance of 150.00 feet; thence East and parallel with said South line of the South Halfofthe Northeast Quarter a distance of 50.00 feet; thence South at right angles a distance of 150.00 feet to said parallel line; thence West along said parallel line a distance of 50,00 feet to the point of beginning, / PARCEL B: All that part of the South Halfofthe Northeast Quarter of Section 33, Township 32, Range 24, Anoka county, Minnesota described as follows: Commencing at a point on the South line of said South Halfofthe Northeast Quarter distant 490.00 feet West from the Southeast corner of said South Half of the Northeast Quarter; thence North at right angles to said South line a distance of 420.00 feet; thence West and parallel with said South line ofthe South Half of the Northeast Quarter a distance of 415.20 feet to the point of beginning of the land to be described; thence North on a line drawn at right angles to said South line of the South Half of the Northeast Quarter for a distance of 150.00 feet; thence West and parallel with said South line of the South Half of the Northeast Quarter a distance of 50,00 feet; thence South at right angles a distance of 150,00 feet to said parallel line; thence East along said parallel line a distance of 50.00 feet to the point of beginning. RECEIVED OC 2 4 CITY OF ANDOVER -~.- Two Family Home Conversion 2525 and 2527 138th Lane NW \ "\ \~ "';J.J\ / ~/~ ~ --- r _~............... 1 nl-l\/I'O i"i:.- :> :-" ---- r---....... J.--- V .i ,"" 0. \IF -:-..... ~7 39!J:i I / r- "f- '~QTH ~I I I 11 11-- ~ ~ ~ / ~~<:) ~ \ '\ I I ~ ~8 9:)0 ~ ~ .. () ~ -illIill '- Kl II. ..., ~ I 1\ / i'- 1 RT , \I CI. \ ~ / / ~ U . (c- \ I r u t~Ol'lt I- \ / Cl I- ~ ~ f- r---- "'--)-- ~ ~ ~ ]I-~ m ~ l~-~ Iif. m w \ I~ w .iffi" f-- I:;:; ~ 5"----- \.~ I-- -~ I> z ~36TH AVE - ~co ~ ~ /:ilt1LN\~ 8 __ ~ :~ I I WI- __ \ \ \ ~ IN 1.-- ~ ~ I /,"1 ,/ ~~~ I "1 L /,<::L 135TH LN \ ,/ ,/ A~ I I'l""<l I I I I / / \ / N w~, Project Location Map Andover'PJanning -7- CERTIFICA TE OF SURVEY _ FOR: Norton Tucker . 2525.2527 - 138th Ave. NW. Andover, Mn, LEGAL DESCRIPTION: Unplatted Parcel in the S 1/2 of the NE 1/4, Section 33, Township 32, Range 24. . / (Sa P~~e -rwo..f-or Prol'oS~cl Dt<;cril'}10flS) J P;UNkER LAKE E.5TAI,ES I b \ - 100,00 we":,t- 0' ' ~h~I'Y'I LInk FlZ-nce'5 :~\ _ SO,OO - - ..s: A L,nt P..n./ldl',,,'H\ 1: +~ S.v~h u~ .ft~c \ ')Vt,tJaV4 ~tc.;H , 1- LEGEND: , "2 I I ~ 'i' DD F--\- scAlE: 1 inch" 30 feet ...c (f' , Bearings ore assumed -;' \' . Denote;; Iron l-1onument Found 0 o Denotes Iron Monument Set (Capped by RLS No. 10948 tf) ~ 'Q P.P. _ DenOtes power Pole Note: Distances as measured are in feet, tenths & 0 hundredths of a fool 0 .' D. ~ -~ C - ' 1- 1\ ' ..!:' Sto..te,:. \ ~ ~O W I-\- . RECEIVED \-- ~ j < " io" Q.. DC" 2 4 '.': r{ '< '3 " 0 Z 'i>.' ,...:; u-- :) ~ ~ ~i- CITY OF ANDOVER ~': ';6;'''' I ". ..~ ' ~ . ~ v . ^~, -... ~" . r- '" ~: ~ 2 '" , v , ~ . p' -t- - ,') ~i . +:.. ~ 1J ~ ",,: I ..."" ->..l, t........'<.. ~ u-. . ' 1..\ U ,0 ~. \ I\AP.lr~I\e\ LillI' ,~' ~ 0; ~ :<::",'-l _~o,OO- ~ f? _~o,Otl- . ~ - \ ~~ -100.00- E.'~st -41,:/.0- ":.,;:, +~~~r~ , . '. ! ..il,;'j< I!!' <'? . ow>" C.~t. C",h -- 0 _It.~. '. . . C" ",';,-1;32. a41~ T ,Y+, -~'1~, ,,136th AVE. NW'3 '-l:1 , , ~ -8- 1'~"Ie Ol'\e ~ \ / , / -'1- ~ J / -/([- - , j PLANNING AND ZONING COMMISSION MEETING -NOVEMBER 12, 2003 e Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was cal to order by Chairperson Daninger on November 12,2003,7:00 p.m" at the Andove ity Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Chairperson Daninger, Commissioners Tim Kirchoff, Tony Gamache, Rex Greenwald, Dean Vatne, Jonathan Jasper and Michael Casey. Commissioners absent: issioner Michael Casey. Also present: City PI er, Courtney Bednarz Associate P Others APPROVAL OF MINUTES. October 14,2003 Motion by Kirchoff, seconded by Gamache, to approve the minutes as presen carried on a 6-ayes, O-nays, I-absent (Casey) vote. ~ PUBLIC HEARING: CONDITIONAL USE PERMIT (03-13) FOR A TWO FAMILY HOME CONVERSION AT 2525/2527 138TH A VENUE NW. Mr. Bednarz explained that the applicant is proposing to create a separate property for each side of the existing twinhouse. The applicant will also be participating in the City's CDBG Rental Rehabilitation Program which offers low interest loans to assist in the renovation of rental properties. Mr. Bednarz discussed the information with the Commission. Commissioner Kirchoff asked if fifty percent for damage was for the entire unit or for each unit. Mr. Bednarz stated each unit would be considered separately. -11- Regular Andover Planning and Zoning Commission Meeting Minutes-November 12,2003 Page 2 , ,- Commissioner Kirchoff asked if currently this was two units for rent. Mr. Bednarz stated that was correct. Commissioner Greenwald asked if they will be able to build a garage within the guidelines. Mr. Bednarz stated the garage could go behind the principle structure or they could construct a single stall garage where the blacktop is but it might be a tight fit. Commissioner Kirchoff asked if there was a problem with the garages going in the backyard. Mr. Bednarz stated there is plenty of room in the backyards. Commissioner Vatne asked if the applicant was aware ofthe investment and the costs associated with it. The applicant said he was. Commissioner Kirchoff stated he noticed the party wall agreement required exterior maintenance. What is the recourse to enforce something replacement. Mr. Bednarz stated typically the party wall agreements structure a process for arbitration if there is a disagreement about anything that is covered. Hopefully the owners could come to some agreement when it is time to replace a roof or siding. The City is offering a rental rehabilitation program that consists of a low interest loan to assist in those types of repairs. Motion by Greenwald, seconded by Vatne, to open the public hearing at 7:08 p.m. \ I Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. There was no public input. Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:09 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Commissioner Gamache asked under the rental rehabilitation program, did this mean the City is trying to get the rental properties to develop into owner occupied homes. Mr. Bednarz stated that was not necessarily the case. The money is available to rental properties specifically. Motion by Greenwald, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. _, approving the proposed two family home conversion subject to the conditions in the attached resolution. Commissioner Vatne noted there were a number of variances that initially concerned him but the overall significance of being able to separate this overcome the many variances. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 , City Council meeting. / -(2..- @ 1685 CROSSTOWN BOULEVARD N.W.' ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator tvt/..-. ~ Will Neumeister, Community Development Director FROM: Jon Sevald, Planning Intern::s? SUBJECT: Consider Conditional Use PermitlDrive up Window/Walgreens/Bunker Lake Boulevard and Quinn Street NW. DATE: December 2, 2003 INTRODUCTION The developer on behalf ofWalgreens has applied for a Conditional Use Permit to allow a drive-thru pharmacy. The proposed Walgreens will be located in Andover Marketplace East between Festival Foods and the proposed Target Greatland. DISCUSSION City Code Title 11-13-3 requires a Conditional Use Permit to allow a "drive-in business or businesses with a drive through window" in the General Business district. Review of these permits is intended to review vehicle circulation, adequate stacking for vehicles, and to ensure the noise and lighting associated with this type of use will not adversely affect surrounding properties. The noise and lighting generated by the drive-thru are less of a concem due to the fact that the site is surrounded by commercial uses of a similar nature. The drive-thru pharmacy will be located on the south side of the building adjacent to the service road and will include two drive-up lanes with a covered canopy and one through lane. There are two banks and one fast food establishment within Andover who have similar drive-thru windows in addition to two drive-thru windows proposed as a part of the Andover Clocktower Commons Development. SITE DESIGN It should be noted that the proposed plan indicates a I5-foot setback for the drive lane at the northwest corner of the building whereas the minimum city standard is 20-feet. This item will be addressed during the Commercial Site Plan Review. BUILDING DESIGN Building elevations are attached. This item will be addressed during the Commercial Site Plan Review. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed Conditional Use Permit. / - Staff's Recommendation Staff recommends approval of the proposed Conditional Use Permit. '- " , ACTION REQUESTED The City Council is requested to approve of the proposed Conditional Use Permit. Attachments Resolution Planning Commission Minutes Location Map Site Plan Elevation Drawings Respectfully submitted, 001 ~jf Jon Sevald CC: Joseph Samuel, RLK Kuusito LTD 6110 Blue Circle Drive Suite 100 Minnetonka, MN 55343 Keith Ulstad, United Properties 3500 West 80th St. Suite 200 Bloomington, MN 55431 , I -2- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~ ,./ RES. NO. R_-03 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF NET LEASE DEVELOPMENT & RLK KUUSISTO FOR PROPERTY LOCATED AT (PIN 34-32- 24-31-003 and 34-32-24-31-0032) to allow a drive-thru facility on property legally described as Outlot A and Outlot B, Market Place East, Anoka County, Minnesota. WHEREAS, Net Lease Development & RLK Kuusisto have requested a Conditional Use Permit for a drive-thru facility located at Andover Station East, Outlot A and Outlot B, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code Title 12-15-6, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the J Conditional Use Permit for a drive-thru facility on said property with the following conditions: I. That the Conditional Use Permit be subject to a sunset clause as stipulated in City Code Title 12-15-6(D). 2. This Conditional Use Permit shall be subject to review at any time the City Council determines this use of the property becomes detrimental to the health, safety or general welfare of the community. Adopted by the City Council of the City of Andover on this 2nd day of December 2003, CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk I -3 - Regular Andover Planning and Zoning Commission Meeting Minutes-November 12,2003 Page 7 ,:\~ PUBLIC HEARING: CONDITIONAL USE PERMIT (03-11) FOR A DRIVE THROUGH FACILITY FOR WALGREENS LOCATED AT THE SOUTHEAST CORNER OF BUNKER LAKE BOULEVARD AND QUINN STREET NW. Mr. Bednarz explained that the developer on behalf ofWalgreens has applied for a Conditional Use Permit to allow a drive-thru pharmacy. The proposed Walgreens will be located in Andover Station East between Festival Foods and the proposed Target Greatland. Mr. Bednarz discussed the information with the Commission and explained the proposed plan indicates a IS-foot setback for the drive lane at the northwest corner of the building whereas the minimum city standard is 20-feet. He also stated there was no information regarding the lighting under the canopy in the staff report and the Commission may want to discuss the lighting requirements for this. Commissioner Kirchoff asked if the main entrance was on the same side as the drive thru. Mr. Bednarz stated it was not. Commissioner Jasper asked if this Walgreens would look like the one in Coon Rapids. Mr. Bednarz stated it would. , Commissioner Vatne asked how the drive thru will work. Mr. Eric Johnson, RLK, J explained how the traffic will flow through the parking lot and drive thru. Commissioner Gamache asked ifMr. Johnson knew what the typical trip was through out the day. Mr. Johnson stated he did not have the information with him but Walgreens could provide that. Chairperson Daninger asked ifMr. Johnson would have a problem with the lighting under the canopy. Mr. Johnson stated they will work with the City on this. Motion by Greenwald, seconded by Vatne, to open the public hearing at 7:56 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. There was no public input. Motion by Gamache, seconded by Kirchoff, to close the public hearing at 7:56 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Motion by Vatne, seconded by Kirchoff, to recommend to the City Council approval of the Conditional Use Permit. Chairperson Daninger asked if they were going to add something in regards to the lighting under the canopy. Commissioner Greenwald stated he thought they should be , / -4- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2003 Page 8 / able to use their general Walgreens layout for the canopy because there is not any residential housing around there and it is enclosed in a commercial area. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. UBLIC HEARING: LOT SPLIT (02-09) TO CREATE A NEW RURAL 'SIDENTIAL LOT FROM PROPERTY LOCATED AT 16030 MAKAH STREET N. Mr. Bedn z explained that the applicant has asked the City to reconsider the prop ed lot split in 11 t of the changes that were made to the Zoning Ordinance in regar minimum lot . dth, depth and area. Mr. Bednarz discus d the background ofthe case with the Commissio Commissioner Gamache pressed concern about lots that are go' g to be lower than ninety percent and the Co . ssion will have to allow it. He e lained that he felt for the applicant and he does not have problem with this split, bu e does have a problem with / future applications requesting 10 than ninety percent. ommissioner Jasper stated he agreed because it was a controversia thing to go to ni ty and now there are requests for less than ninety percent. way but this approach was validated by the City Council. Chairperson Daninger s e ey are an advisory committee and they are there to make decisions and reco ndations nd just because it is validated by the City Council they can still discuss thO and disagree 'th the City Council on it. Motion by Gamache, seconded y Greenwald, to open th Motion carried on a 6-ayes, -nays, I-absent (Casey) vote. Mr. Mark Monroe, 15 I Makah Street, explained this item has b number of times an e did not know why the City Council was m g special considerations fi one person. He stated he does not know why every e feels they need to continually' ad additional properties to Andover. The original area wa et up for five acres or m e, that is the way it was platted and built and he does not unders d the need to make e lots smaller and add additional density to the area. He explained h . s against this I split. r. John Moore explained one of the reasons this has come up and that they favor his I split because of the concave to the entrance of his lot. He explained that ifhe was a cul- I -s- Conditional Use Permit Walgreens '~9lr c--;i~~' // ~::::"~"''''-~m~ ~ /; :......... 'KJ I r '- - _ ~ ..." - "Ia:- ~ '- -- ,- _/ i-{:5 -'-j.J:'f-; I --.., - ---\ ~ IWM~H~' ,- v\ ~ I ~ ~ I-- ".. I-- '- 7r~H 1\ 4 -I~\'-~ ~ 8lliJ.tL - - \ .,.. - '~RT" AVE ~ _ 1 1\ 20~ ~\ -A~~~ l~ ,- ~'H=1 ~ rn~ I /' ,;;:;:;Cu, " T "1' 1~ (1\ 1 J I"" ~ I:jUNKt:K LAKE BLVD' T / lSl I U - -y-., ...J f.- I-}-- al - ~ 5IJ~~ ~ i~ :l~~ ~~' '-~= /L lyY~ ~ ~ /... ,; ~ ~ 'r ;]:;Jr:rAI HLJU 11i-hkA\I~I~t4 ~W1 //V!!/ ~\ IIIIIIT g {'I If \ ____ 'r-~~ -, XJ:J / r~ jj tmffif9 If ~ I Sl--l '--...if - /' -+- N.L- ffi == >--<'l;NZ" T I LTC. I v r----f I Y~I'1 'T I I I I-- 1 M\-lB - "f --J /?i \ -.,; f- LL" \ I I I I I -= = - (/)~5 - '-' - ^\ I a-I- --., ,....--j 1Hf11 z- \/1-- - -........::j 0: h- --< ~ -10- J;L. I-- _ \ I- -I (,J '---- - -I-- I-- .-<::::::::8 = D~r:'-1 j-- ~I'...JI'. ~--.I[l -===c I-- 1 \ I \ "" _ L-L-.-J,~~:::Lz.r > \~" 0' r "- o " / W~E Project Location Map AndOver'Planning --6- , ":.:t- d ~ ",- " " j' ( / --- ot 1 e ( b PROPOSED I I d- W AL GREEN S ~~ e 1- 112' x 130' 34.0' I I 75 STALLS T 1/200 \ '. \ E o' FFE=891.0 DRIVE lHRU b .N \ '\ , ) 00 .'." .- .. r.:. '.'.., n IR28' ./ I ~ if T li1i-Yl-I-'-1111 T1- T II ~ . ~ I I I I I: I Rppo5Ed dONCRrn: I I I ~: 3.0 utlot C I _ I SIDEWALK CD I I NORTH --- I I III "l _ APPROXIMATE AREAS: BLOaC 2, LOT 1 1.58:1: Ac. _ LOT\OUTLOT OPENSPACE AREAS:_ GREEN AREA PROlllDED: 111X _ PARKING REQUIRMENTS: 0 50 100 PARKING REO: (14.560 !iF \ 200 - 73 STAllS) 73 STAllS I I I ') PARKING PROlllDED: 75 STAllS SCALE IN FEET ~ _JIIII SHj,' _ I.eb, JIIII ANDOVER MARKETPLACE EAST 1 1 RLK ---~= , 2~~7tM { ~a_ 11m] '=' 1=1 :m: -7- WALGREENS EXHIBIT "-.-/ ......ra... I -- 110\10\03 .u. ... arde ..... .... .100- --- .......-- l1li IUa 'I' , "ODD 0 I . I '<': l'l! ill ill! 55 ~ ~i. I ~ \ ;'1; ! l II Ii hll ~ G i ! ~ Igl Ii, ,! I 2i 111!!i",11 "ooohli ~ ~ ! :f~~i 1151'\liil~!! I <( "i' !"I :;': z " .~g.. o ! I' :,' :> 0 ' . .~ Si3 'ii Ii! ij 1111 ao i~ ;;s! \'1'1 . I! i I! ' ' li,i go: P; .j i B 10"10,, ilil !l~! ,IH' I i . "" ~ ~ . Ii I HI!' · . I > II .! I d ! ~ ni I . in d . I : d I ~iil ~ ! go i~ a 1/. I 1/. w! I r I !i z ~ I i'l" 1 ; ! ; ! I r 'I. 'I!! ~ E I · I I' I'" " . < . ,'!. !' .,,' ~ t:r' i I ; ~ d l!: "" "," :g, I Ii ~ h~ , I, 1.1 !.~~ ~. :: 000000088@@)@)@) ~ ~~: i~~l ..; ~.., ~' ~i:; =- ; ; I I B , ~- :. ~: - I ~, ~' .~: . h j;; ~ ~ ': ~ ~ ~ ,! U -8- @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 , FAX (763) 755-8923 . WWWCI.ANDOVER.MNUS TO: Council Members CC: John Erar, City Administrator tA-- FROM: Will Neumeister, Community Development Director tilL SUBJECT: Correct Ordinance 275/Legal Description for Rezoning/Bunker Lake Village-- Planning DATE: December 2, 2003 INTRODUCTION At the October 21, 2003 Council meeting a rezoning was approved for the "Bunker Lake Village" townhome development that Hanson Builders. There was an oversight on the legal description that was contained in the Ordinance that amended the zoning map. The corrected legal description must be approved by Council. DISCUSSION The legal description has been corrected and is now contained in the Ordinance 275 (attached). ACTION REQUESTED The Council is asked to approve the correction to Ordinance 275. Respectfully submitted, tt/cL Will Neumeister Attachments Ordinance 275 (Corrected) / CITY OF ANDOVER COUNTY OF ANOKA \ STATE OF MINNESOTA ORDINANCE 275 AMENDING CITY CODE TITLE 12-3-5 ZONING DISTRICT MAP TO CHANGE THE ZONING DESIGNATION FROM LIMITED BUSINESS (LB) TO SINGLE F AMIL Y URBAN RESIDENTIAL (R-4) THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: City Code 12-3-5, The Zoning District Map of the City of Andover is hereby amended as follows: I) Rezone land from LB, Limited Business to R-4, Single Family Urban Residential on approximately ten acres (P.LD. 35-32-24-22-0004 and 0025) legally described as: Lot I, Block 6, Hills of Bunker Lake 3rd Addition; and Lot I, Block I, Hills of Bunker Lake 3rd Addition, Anoka County, Minnesota. 2) Times and conditions have changed due to the development of a single family neighborhood around the subject property and the limited space on the subject properties \ to provide adequate screening and buffering between a commercial use and residential / properties. This is in keeping with the recommendations of the Neighborhood Business Study. 3) All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 21st day of October, 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk \ , ) Gj) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 , / FAX (763) 755-8923 . WWW.CIANDOVER,MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator tv1-- d- FROM: Will Neumeister, Community Development Director SUBJECT: Approve Pond Maintenance Agreement/Andover Station Storm Water Pond --Planning DATE: December 2, 2003 INTRODUCTION The City Attorney has been working on preparing various legal documents to assist in getting the land in Andover Station sold to Walgreens and TARGET. One of the documents is a pond maintenance agreement. However, the City would not perform the pond maintenance. The agreement says that the City will delegate the responsibility for maintenance to the Association. The City will only be responsible for 42,8% of the cost, all of which the City will collect from 116 LLC under a separate agreement. The reason for the City taking title to the land is that Target would not locate in Andover Station unless the pond drainage area is owned by the City. This also gives the City better control over the way the area will be maintained. Provided there is agreement with the terms and conditions by the Andover Economic Development I Authority, the City would own the ponds and the costs/responsibility for the annual maintenance of this pond area would be the Andover Station Property Owners Association. DISCUSSION In conjunction with the conveyance of Outlots A and B, Andover Marketplace East, there also needs to be a pond maintenance agreement with members of the Andover Station Property Owners Association to assure that the payments will be made for the annual upkeep, ACTION REOUESTED The Council is asked to approve the "Pond Maintenance Agreement" to accept the ownership of the ponds (Outlots A and B) located in Andover Marketplace East and assess members of the Andover Station Property Owners Association for all costs, with 42.8% of the costs collected from 116 LLC under a separate agreement. Respectfully subi;.:t.-. Will Neumeister Attachments Site Plan (showing ponds on Outlots A and B) Pond Maintenance Agreement / \ J AGREEMENT FOR MAINTENANCE OF ANDOVER STATION MARKETPLACE EAST POND AND BOULEVARD IMPROVEMENTS This Agreement ("Agreement") is made and entered as of the day of December, 2003 by and between the Andover Station Owners Association, a Minnesota nonprofit corporation, 3500 American Boulevard West, Suite 200, Bloomington, MN. 55431 ("Association") and the City of Andover, a municipal corporation organized under the laws of the State of Minnesota, 1685 Crosstown , Boulevard NW, Andover, Minnesota 55304 ("City"). WITNESSETH: WHEREAS, the Association has been formed to administer and enforce certain covenants and restrictions set forth in that certain Amended and Restated Declaration of Covenants, Conditions and Restrictions and Easements dated December _, 2003, to be filed with the Registrar of Titles in and for Anoka County, Minnesota (the "Declaration"); and. WHEREAS, pursuant to the terms of the Declaration, certain real property legally described as all platted lots of Andover Marketplace, Anoka County, Minnesota, and all of the platted lots and outlots created by the Plat of Andover Marketplace East filed of I 81706.doc 1 record with the Registrar of Titles in and for Anoka County, Minnesota (collectively, the "Andover Station Property") are subject to the covenants, conditions, restrictions and easements set forth in the Declaration; and WHEREAS, the City is the fee title owner of Outlots A and B, Andover Marketplace East, in the County of Anoka, State of Minnesota (the "Outlots") on which the City plans to construct (or cause to be constructed) certain "Pond Area Improvements" (as defined below) for the benefit of the Andover Station Property and other real property within the City located to the easterly of the Andover Station Property that is legally described as Lots 1 - 15, Block 1, Andover Station II, Anoka County, Minnesota (such other real property being referred to herein as the "Benefited Property"); and WHEREAS, as a condition to permitting further development of the Andover / Station Property, the City has required that the Association commit to contribute a proportionate share of the costs to maintain, repair and replace such Pond Area Improvements after the same have been constructed; and WHEREAS, the City desires to contract with the Association to perform the "Pond Maintenance Obligations" (as defined below) of the City; and WHEREAS, pursuant to the Declaration the Association is to maintain certain trails, sidewalks and landscaping within the "Andover Boulevards" (as defined below), and the City desires to grant the Association a right of entry to enter upon such boulevard areas to perform such maintenance; and WHEREAS, the parties desire to enter into this Agreement to delineate the parties' respective responsibilities as to the Pond Maintenance Obligations and to grant to the 8H06.doc 2 Association the right to enter and maintain such Andover Boulevards. / NOW, THEREFORE, the parties mutually agree and stipulate: ARTICLE I. DEFINITIONS Section 1.1 The following words, when used in this Agreement, unless the context shall prohibit, shall have the following meanings: a. "ANDOVER BOULEVARDS" shall mean: (i) those portions of the Andover Station Property, which are both (A) contiguous to "Landscaped Streets" (as defined below), and (B) subject to a public easement in favor of the City of Andover for trail, sidewalk, or landscaping purposes; and (ii) any portion of a Landscaped Street lying: A) between the paved/traveled street right-of-way portion of the Landscaped Street and the boundary of the Andover Station Property or B) within a landscaped median between the travel lanes. b. "EDA" shall mean the Andover Economic Development Authority, a body corporate and public established under the laws of the State of Minnesota. c. "LANDSCAPED STREETS" shall mean the following: i) Bunker Lake Boulevard Northwest lying southerly of the west-bound right-of-way, between: A) the northerly extension of the center line of Thrush Street Northwest and B) the northerly extension of the center line of Martin Street Northwest, ii) the westerly half of Martin Street Northwest lying between the southerly right of way line of Bunker Lake Boulevard Northwest and the northerly right of way line of Station Parkway flk/a Commercial Boulevard Northwest, iii) the northerly half of Station Parkway flk/a Commercial Boulevard Northwest lying between: A) the southerly extension of the center line of Thrush Street Northwest and B) the southerly extension of the center line of Martin Street Northwest, and iv) the easterly half of Thrush Street Northwest lying between the southerly right of way line of Bunker Lake Boulevard Northwest and the northerly right of way line of Station Parkway flk/a Commercial Boulevard Northwest. d. "POND AREA IMPROVEMENTS" shall mean all ponds, wetland areas and/or drainage improvements, including all "NURP" (National Urban Run-off Program) or storm water retention or detention ponds (including all storm drains and sewers, storm water detention and retention facilities, culverts and conduits to and from the same and all other drainage improvements and appurtenances related thereto) that are either within the / 8170B.doc 3 Outlots or within drainage easements running into or out of the Outlots and affecting any portion of the Andover Station Property that run in favor of the "_ J Association, the EDA or the City, together with all landscaping, sidewalks, trailways and architectural features constructed within the Outlots, ARTICLE II. RIGHTS AND OBLIGATIONS OF THE PARTIES Section 2.1 City Obligation to Construct Pond Area Improvements. The City shall construct (or cause to be constructed) the Pond Area Improvements. Section 2. 2 City Maintenance Responsibilities. The City, subject to the provisions of Section 24 hereof, shall maintain, repair and replace, as the City deems necessary, the Pond Area Improvements as are necessary for the proper maintenance of the Pond Area Improvements and the proper functioning of the Pond Area Improvements for storm water drainage, detention, and retention for the benefit of the Andover Station Property and the Benefited Property (the "Pond Maintenance Obligations"). All costs and expenses incurred by the City (or the Association, pursuant to Section 2 4 hereof), including but not limited to property management charges associated therewith, that are incurred by the City (or as the case may be, the Association) in so performing the Pond Maintenance Obligations are referred , to herein as the "Pond Maintenance Costs." Section 2.3 Association's Share of Pond Maintenance Costs. The Association, subject to the provisions of Section 2 4 below, shall reimburse the City for 50.58% of the Pond Maintenance Costs as such Costs are incurred by the City and pursuant to billings provided by the City to the Association (but such billings shall not occur more frequently than once per calendar month), and such billings shall include invoices or other reasonable documentation of the Pond Maintenance Costs and the said percentage thereof payable by the Association. The Association shall pay such billings within thirty (30) days of receipt thereof, and if not paid when due, such billings shall bear interest at the lesser of eight percent (8%) per annum or the highest rate permitted by law. Section 2.4 Pond Maintenance Obligations by the Association. The City and the Association hereby contract and agree (the "Maintenance Contract") , effective upon completion of the initial construction of the Pond Area Improvements and until such time as the City terminates the Maintenance Contract by providing not less than sixty (60) days prior written notice to the Association, that the Association shall perform the Pond Maintenance Obligations, The City / 81706.doc 4 ~ shall reimburse the Association for 49.42% of the Pond Maintenance Costs as such Costs are incurred by the Association and pursuant to billings provided by the J Association to the City (but such billings shall not occur more frequently than once per calendar month), and such billings shall include invoices or other reasonable documentation of the Pond Maintenance Costs and said percentage thereof payable by the City. The City shall pay such billings within thirty (30) days of receipt thereof, and if not paid when due, such billings shall bear interest at the lesser of eight percent (8%) per annum or the highest rate permitted by law. Upon the effective date of the City's termination of the Maintenance Contract, this Section 2.4 shall be deemed terminated, but all remaining terms, conditions and provisions of this Agreement shall be fully operational and remain in full force and effect. Should the City fail to pay such billings, then in addition to any other rights and remedies that the Association may have, the Association may terminate the Maintenance Contract by providing not less than sixty (60) days prior written notice to the City of its intent to do so. ARTICLE III. RIGHT OF ENTRY FOR MAINTENANCE OF ANDOVER BOULEVARDS The City hereby grants to the Association, for so long as the Association exists, the right and license to enter upon, under, over and across the Andover Boulevards for the purpose of installing, maintaining, repairing and replacing all landscaping, streetscaping, irrigation systems, retaining walls, sidewalks, trail areas and related boulevard improvements installed in the Andover Boulevards, together with utility installations , necessary to service the same and any other matters that the Association may be authorized and/or required to perform within the Andover Boulevards pursuant to the Declaration. ARTICLE IV. TERM OF AGREEMENT The term of this Agreement shall continue until expiration or termination of the Declaration, or written agreement of the parties hereto to terminate this Agreement, subject to the rights of the City to terminate the Maintenance Contract pursuant to Section 2.A hereof. ARTICLE V. INDEPENDENT STATUS It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint ventures, or associates between the parties hereto. 81706.doc 5 ~ ARTICLE VI. DEFAULT , 6.1 Force Majeure. Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to any of the following unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure; fire, flood, epidemic, strikes, wars, acts of nature, unusually severe weather, acts of public authorities, or delays or defaults caused by public carriers, provided the defaulting party gives notice as soon as possible to the other party of the inability to perform. 6.2 Performance. The parties shall make every reasonable effort to perform their respective obligations under this Agreement. 6.3 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. ARTICLE VII. CONTRACT/RIGHTS REMEDIES 7.1 Rights Cumulative. All remedies available to either party under the terms of this Agreement or by law or equity are cumulative and may be exercised concurrently or separately, and the exercise of anyone remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 7.2 Waiver. Wavier for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breath of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the parties. ARTICLE VI\I. MODI FICA TIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by I 81706.doc 6 authorized representatives of the parties hereto, , ARTICLE IX. SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. ARTICLE X. MERGER This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are not representations, warranties, or stipulations, either oral or written, not herein contained. ARTICLE XI. DISPUTE RESOLUTION The Association and the City agree in good faith attempt to settle any dispute arising under this Agreement. In the event that any of the parties hereto cannot resolve a dispute, the matter shall be referred to a panel of three arbitrators as determined under the Rules of the American Arbitration Association. The purpose of the arbitrators shall be to resolve any dispute arising under the terms of this Agreement as expeditiously as possible so as not to impair duties, benefits and obligations arising under the terms of this Agreement. All proceedings before the arbitrator shall be informal. The arbitrator shall render a decision upon the conclusion of the proceedings as expeditiously as possible. The decision shall be writing. In its decision, the arbitrator shall decide the extent to which each of the parties shall bear the reasonable costs in resolving the dispute. The decision shall be final and binding upon the parties. Notwithstanding the foregoing, either party may terminate the Maintenance Contract pursuant to the provisions of Section 2.4 above, without participating in any arbitration. ARTICLE XII. AUDIT OF RECORD The books, records and documents and accounting procedures and practices relevant to this Agreement are subject to reasonable examination by each of the parties hereto. 81706.doc 7 ARTICLE XIII. , MISCELLANEOUS 13.7 Attorneys' Fees. In the event a party institutes any legal action, arbitration or proceeding for the enforcement of any right or obligation herein contained, the prevailing party after a final adjudication shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. 13.8 Notices. Notices or other communication hereunder shall be in writing and shall be sent certified or registered mail, return receipt requested, or by other national overnight courier company, or personal delivery, provided, however, that invoices for Pond Maintenance Costs may be sent by United States first class mail, postage prepaid. Notice shall be deemed given upon receipt or refusal to accept delivery. Each party may change from time to time their respective address for notice hereunder by like notice to the other parties. The initial notice addresses of the parties are as set forth in the introductory paragraph of this Agreement. \ 13.5 Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. 13.6 Counterparts. This Agreement may be executed separately and independently in any number of counterparts and each and all of which together shall be deemed to have been executed simultaneously and regarded as one agreement dated as of the date hereof. - 81706.doc 8 ~ ANDOVER STATION OWNERS ASSOCIATION By By Its Its STATE OF MINNESOTA ) ) ss, COUNTY OF ) The foregoing instrument was acknowledged before me this day of . 2003, by and , the and of the Andover Station Owners Association, a Minnesota nonprofit corporation, on behalf of said corporation. Notary Public S170B.doc 9 CITY OF ANDOVER: . - By By Its Mayor Its Clerk STATE OF MINNESOTA ) ) ss, COUNTY OF ANOKA ) On this day of , 2003, before me, a Notary Public within and for said County, personally appeared Michael R. Gamache and Victoria Volk, to me known to be respectively the Mayor and Clerk of the City of Andover, a municipal corporation organized under the laws of the State of Minnesota, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said municipal corporation. Notary Public \ / THIS INSTRUMENT WAS DRAFTED BY: William G. Hawkins William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 (763) 427-8877 / 81706.doc 10 @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 i FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator INtI- FROM: Jim Dickinson, Finance Director SUBJECT: Call for Bond Sale / Resolution Levying a Tax for the Payment of General Obligation Capital Notes of2004 DATE: December 2, 2003 INTRODUCTION The Andover City Council is requested to call for the sale of approximately $400,000 General Obligation Capital Equipment Notes to provide financing for the equipment purchases contemplated through the 2004 City of Andover annual budget process. DISCUSSION The Andover City Council as part of the Preliminary 2004 Budget and Preliminary Levy certification at the September 2, 2003 Council meeting contemplated an annual debt levy of , $168,000 for General Obligation Equipment Notes for equipment purchases. The Finance Department's intent is to do a private placement of these bonds with a local bank to save substantial issuance costs, and will utilize our bond counsel (Briggs & Morgan) to assist with legal issues. BUDGET IMPACT The issuance of bonds will provide for 2004 equipment purchases contemplated in the 2004- 2008 Capital Improvement Plan, and 2004 Budget. ACTION REQUESTED The City Council is requested to approve the attached resolution providing for the sale of 2004 General Obligation Capital Notes. Attachment - Resolution Levying a Tax for the Payment of General Obligation Capital Notes of2004 / - EXTRACT OF MINUTES OF A MEETING OF THE \ CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: December 2, 2003 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 2nd day of December, 2003, at 7:00 o'clock P.M. The following members were present: Jacobson, Gamache, Knight, Orttel, and Trude and the following were absent: none Member introduced the following resolution and moved its adoption: Resolution RESOLUTION LEVYING A TAX FOR THE PAYMENT OF GENERAL OBLIGATION CAPITAL NOTES OF 2004 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City") proposes to issue its General Obligation Capital Notes of 2004 (the "Capital Notes") in 2004 to \ finance certain equipment pursuant to Minnesota Statutes, Section 412.301; and / B. WHEREAS, the City proposes to levy a tax pursuant to Minnesota Statutes, Section 475.61 payable commencing in 2004 to pay debt service on the Capital Notes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Issuance ofCaoital Notes. The City hereby authorizes the issuance of the Capital Notes. 2. Capital Notes of 2004 Tax Levv. To provide moneys for payment of debt service on the Capital Notes there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Year of Tax Levv Tax Collection Amount 2003 2004 $168,000 The motion for the adoption of the foregoing resolution was duly seconded by member and upon a vote being taken thereon, the following voted in favor thereof: , / and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 1472159v1 STATE OF MINNESOTA COUNTYOFANOKA I CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of the City Council of the City of Andover held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to levying a tax for the payment of General Obligation Capital Notes of2004. WITNESS my hand as such City Clerk this 2nd day of December, 2003. City Clerk / / 1472159vl 2 ~ C I T Y 0 F @ NDOVE / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Er.u, City Adminh"",", ~ Jim Dickinson, Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Call General Obligation Improvement Bonds of 1994C DATE: December 2, 2003 INTRODUCTION The $1,140,000 General Obligation (G.O.) Improvement Bonds of 1994C were used to finance five improvement projects. On February 1, 2004, the outstanding bonds become callable and would yield interest expense savings. DISCUSSION I The Finance Department reviewed the debt service fund for the G.O. Improvement Bonds of 1994C and concurs that the City has funds on hand to redeem outstanding bonds totaling $220,000 (due in 2005 and 2006), which will yield interest expense savings of approximately $17,925. BUDGET IMP ACT The call will yield a savings of approximately $17,925 of interest expense in the debt service fund for the G.O. Improvement Bonds of 1994C. ACTION REQUIRED The City Council is requested to approve the attached resolution for formal authorization of the calling of G.O. Improvement Bonds of 1994C. Respectfully submitted, ~-6~ Lee Brezinka Attachment: Resolution CITY OF ANDOVER COUNTY OF ANOKA / STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS OF 1994, SERIES C. A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), issued on behalf of the City, $1,140,000 General Obligation Improvement Bonds of 1994, Series C, dated October 1,1994 (the "Bonds"), of which Bonds $340,000 still remains outstanding; and B. WHEREAS, all of the said Bonds maturing in the years 2005 to 2006, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on February I, 2004, and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated August 16, 1994 authorizing the issuance of said Bonds (the "Resolution"), and / C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call all of the Bonds maturing in the years 2005 and 2006, on February I, 2004, the interest payment date, in accordance with said Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Bonds to be Redeemed. All of the Bonds maturing in the years 2005 and 2006, shall be redeemed and prepaid on February 1, 2004 at par and accrued interest for each such Bond called. 2. Notice of Call. The City Finance Director is hereby authorized and directed to give written notice of call at least forty-five (45) days prior to February I, 2004, the date for call, to the paying agent where said Bonds are payable and therefore by registered or certified mail at least thirty (30) days prior to the date for call to all registered owners of the Bonds. Said notice shall be in substantially the following form: -z.- NOTICE OF CALL FOR REDEMPTION / GENERAL OBLIGATION IMPROVEMENT BONDS OF 1994, SERIES C CITY OF ANDOVER ANOKACOUNTY MINNESOTA Notice is hereby given THAT BY ORDER OF THE City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1,2004. Those outstanding bonds of the City designated as General Obligation Improvement Bonds of 1994, Series C, dated October I, 1994, having stated maturity dates in the following years, totaling $220,000* in principal amount, and having CUSIP numbers listed below: Year CUSIP Number** 2005 2006 J The bonds are being called at a price of par plus accrued interest to February I, 2004, on which date all interest on said bonds will cease to accrue. U.S. Bank National Association (formerly, First Trust National Association) is requested to deposit federal or other immediately available funds sufficient for such redemption at the office of The Depository Trust Company on or before February 1,2004. * Indicates full call of stated maturities. ** The City shall not be responsible for the selection of or ,use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. Dated: December 2,2003. Important Notice: Under the Interest and Dividend Compliance Act of 1983,31% will be withheld if tax identification is not properly certified. 3. Deposit of Sufficient Funds. The City Finance Director is hereby authorized and directed to deposit with the bank where said Bonds are payable prior to said call date sufficient funds to pay all principal and interest due on said Bonds as of the call date. -3 - .- MOTION seconded by Councilmember and adopted by / the City Council of the City of Andover on this 2nd day of December, 2003, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Michael R. Gamache Victoria V olk - City Clerk / I -1-- - STATE OF MINNESOTA COUNTY OF ANOKA / CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of the City Council of the City of Andover held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to calling for redemption of outstanding General Obligation Improvement Bonds of 1994, Series C. WITNESS my hand as such City Clerk this 2nd day of December, 2003. City Clerk ~ - @ " " 1665 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-6923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Ernr. C;ty AdnUnisUato, ~Jr- Jim Dickinson, Finance Directo FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Call General Obligation Improvement Bonds of 1995A DATE: December 2, 2003 INTRODUCTION The $2,605,000 General Obligation (G.O.) Improvement Bonds of 1995A were used to finance eight improvement projects. On February 1,2004, the outstanding bonds become callable and would yield interest expense savings. DISCUSSION The Finance Department reviewed the debt service fund for the G.O. Improvement Bonds of 1995A and concurs that the City has funds on hand to redeem outstanding bonds totaling $620,000 (due in 2005 and 2006), which will yield interest expense savings of approximately $48,980. . BUDGET IMP ACT The call will yield a savings of approximately $48,980 of interest expense in the debt service fund for the G.O. Improvement Bonds of 1995A. ACTION REQUIRED The City Council is requested to approve the attached resolution for formal authorization of the calling ofG.O. Improvement Bonds of 1995A. Respectfully submitted, ~7j~ Lee Brezinka Attachment: Resolution CITY OF ANDOVER COUNTY OF ANOKA , , J STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS OF 1995, SERIES A. A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), issued on behalf of the City, $2,605,000 General Obligation Improvement Bonds of 1995, Series A, dated June I, 1995 (the "Bonds"), of which Bonds $915,000 still remains outstanding; and B. WHEREAS, all of the said Bonds maturing in the years 2005 to 2006, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on February 1,2004, and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated August 15, 1995 authorizing the issuance of said Bonds (the "Resolution"), and / C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call all of the Bonds maturing in the years 2005 and 2006, on February I, 2004, the interest payment date, in accordance with said Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Bonds to be Redeemed. All of the Bonds maturing in the years 2005 and 2006, shall be redeemed and prepaid on February 1,2004 at par and accrued interest for each such Bond called. 2. Notice of Call. The City Finance Director is hereby authorized and directed to give written notice of call at least forty-five (45) days prior to February I, 2004, the date for call, to the paying agent where said Bonds are payable and therefore by registered or certified mail at least thirty (30) days prior to the date for call to all registered owners of the Bonds. Said notice shall be in substantially the following form: , -2.. - NOTICE OF CALL FOR REDEMPTION , , J GENERAL OBLIGATION IMPROVEMENT BONDS OF 1995, SERIES A CITY OF ANDOVER ANOKA COUNTY MINNESOTA Notice is hereby given THAT BY ORDER OF THE City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February I, 2004. Those outstanding bonds of the City designated as General Obligation Improvement Bonds of 1995, Series A, dated June I, 1995, having stated maturity dates in the following years, totaling $620,000* in principal amount, and having CUSIP numbers listed below: Year CUSIP Number** 2005 2006 The bonds are being called at a price of par plus accrued interest to February 1,2004, on which date all interest on said bonds will cease to accrue. U.S. Bank National Association (formerly, First Trust National Association) is requested to deposit federal or other immediately available funds sufficient for such redemption at the office of The Depository Trust Company on or before February I, 2004. * Indicates full call of stated maturities. ** The City shall not be responsible for the selection of or use of the CUSIP numbers,' nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. Dated: December 2,2003. Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31 % will . be withheld if tax identification is not properly certified. 3. Deposit of Sufficient Funds. The City Finance Director is hereby authorized and directed to deposit with the bank where said Bonds are payable prior to said call date sufficient funds to pay all principal and interest due on said Bonds as of the call date. -3- - MOTION seconded by Councilmember and adopted by the City Council of the City of Andover on this 2nd day of December, 2003, with , / Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Michael R. Gamache Victoria V olk - City Clerk \ / .i --t- STATE OF MINNESOTA COUNTY OF ANOKA '- , CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of the City Council of the City of Andover held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to calling for redemption of outstanding General Obligation Improvement Bonds of 1995, Series A. WITNESS my hand as such City Clerk this 2nd day of December, 2003. City Clerk \ , J ) -5'- C I T Y 0 F @ NDOVE / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Emr, City Admini"""'" ~'^- Jim Dickinson, Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Call General Obligation Permanent Improvement Revolving Bonds of 2000B DATE: December 2, 2003 INTRODUCTION The $3,350,000 General Obligation (G.O.) Permanent Improvement Revolving (PIR) Bonds of 2000B were used to finance four improvement projects. On February 1,2004, the outstanding bonds become callable and would yield interest expense savings. DISCUSSION / The Finance Department reviewed the debt service fund for the G.O. PIR Bonds of 2000B and concurs that the City has funds on hand to redeem outstanding bonds totaling $2,100,000 (due in 2005,2006 and 2007), which will yield interest expense savings of approximately $185,873. BUDGET IMPACT The call will yield a savings of approximately $185,873 of interest expense in the debt service fund for the G.O. PIR Bonds of2000B. ACTION REQUIRED The City Council is requested to approve the attached resolution for formal authorization of the calling ofG.O. PIR Bonds of2000B. Respectfully submitted, '-/u-;j~ Lee Brezinka Attachment: Resolution I --- - - - CITY OF ANDOVER \ COUNTY OF ANOKA J STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS OF 2000, SERIES B. A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), issued on behalf of the City, $3,350,000 General Obligation Permanent Improvement Revolving Fund Bonds of 2000, Series B, dated September I, 2000 (the "Bonds"), of which Bonds $2,740,000 still remains outstanding; and B. WHEREAS, all of the said Bonds maturing in the years 2005 to 2007, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on February 1,2004, and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated August 11, 2000 authorizing the issuance of said Bonds (the "Resolution"), and C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call all of the Bonds maturing in the years 2005 to 2007, on February I, 2004, the interest payment date, in accordance with said Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Bonds to be Redeemed. All of the Bonds maturing in the years 2005 to 2007, shall be redeemed and prepaid on February 1,2004 at par and accrued interest for each such Bond called. 2. Notice of Call. The City Finance Director is hereby authorized and directed to give written notice of call at least forty-five (45) days prior to February I, 2004, the date for call, to the paying agent where said Bonds are payable and therefore by registered or certified mail at least thirty (30) days prior to the date for call to all registered owners of the Bonds. Said notice shall be in substantially the following form: , J -2..- , NOTICE OF CALL FOR REDEMPTION I / GENERAL OBLIGATION PERMANENT IMPROVEMENT' REVOLVING FUND BONDS OF 2000, SERIES B CITY OF ANDOVER ANOKA COUNTY MINNESOTA Notice is hereby given THAT BY ORDER OF THE City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1,2004. Those outstanding bonds of the City designated as General Obligation Permanent Improvement Revolving Fund Bonds of 2000, Series B, dated September I, 2000, having stated maturity dates in the following years, totaling $2,100,000* in principal amount, and having CUSIP numbers listed below: Year CUSIP Number** 2005 2006 2007 The bonds are being called at a price of par plus accrued interest to February 1,2004, on which date all interest on said bonds will cease to accrue. U.S. Bank National Association (formerly, First Trust National Association) is requested to deposit federal or other immediately available funds sufficient for such redemption at the office of The Depository Trust Company on or before February I, 2004. * Indicates full call of stated maturities. ** The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. Dated: December 2,2003. Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31 % will be withheld if tax identification is not properly certified. 3. Deposit of Sufficient Funds. The City Finance Director is hereby authorized and directed to deposit with the bank where said Bonds are payable prior to said call date sufficient funds to pay all principal and interest due on said Bonds as of the call date. , J -3- MOTION seconded by Councilmember and adopted by / the City Council of the City of Andover on this 2nd day of December, 2003, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Michael R. Gamache Victoria Volk - City Clerk / -'1- - STATE OF MINNESOTA COUNTY OF ANOKA ./ CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of the City Council of the City of Andover held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to calling for redemption of outstanding General Obligation Permanent Improvement Revolving Fund Bonds of 2000, Series B. WITNESS my hand as such City Clerk this 2nd day of December, 2003. City Clerk / ->- @ 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100 , FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US TO: Council Members FROM: Will Neumeister, Community Development Director~ SUBJECT: Discuss Membership in AMM - Mayor DATE: December 2, 2003 INTRODUCTION At the last Council meeting, membership in Association of Metropolitan Municipalities (AMM) was discussed. The Council has been asked by the Mayor to listen to a presentation by Gene Ranieri (AMM). DISCUSSION Staff has been asked to prepare this item and possibly reconsider the membership in AMM. , ACTION REQUESTED Council is asked to review the information from the Mayor and Gene Ranieri (AMM) and discuss membership in AMM once again (per the request from the Mayor). Respectfully submitted, hd-- Will Neumeister @ C I T Y o F NDOVE " I 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US TO: Mayor and Council Members CC: John Erar, City Administrator wi- David D. Berkowitz, City Engineer FROM: Todd Haas, Asst. City Engineer SUBJECT: Discuss Coon Creek Corridor Trail/03-8 - Engineering DATE: December 2, 2003 INTRODUCTION This item is in regard to the trail location along the north side of Coon Creek west of Hanson Boulevard NW and determine if the trail project is to move forward. , DISCUSSION As indicated in last week's management report, Dave Berkowitz and I met with 6 of the 7 property owners along the proposed Coon Creek Trail extension west of Hanson Boulevard NW along the north side of Coon Creek near Crosstown Boulevard NW. If the Council recalls from the management report, the property owners are most definitely not interested in the trail over their property along this section (see attached e-mails that have been sent to the City). The proposed trail was relocated to the north side of Coon Creek as the MPCA indicated in writing that the trail would not be allowed on the south side due to the landfill. It will be necessary for the Council to determine if the project should move forward. If the project is to move forward, eminent domain is most likely. If not, City staff will need to contact the Minnesota DNR that the project has been cancelled so that the DNR has time to select another government agency to utilize the $100,000 grant. Note: It may be possible to utilize some of the $100,000 grant towards the trail connection within Bunker Hills Park as a trail project with the Anoka County Parks and Recreation Department. The grant cannot be used to help pay for a traffic signal. Just so the City Council is aware, the trail that is being considered is consistent with the Trail Comprehensive Plan (see attached). The sidewalk that is currently along Andover Boulevard NW between Hanson Boulevard NW and Crosstown Boulevard NW is a 5 foot concrete sidewalk, which is not designed for bike use. The minimum requirement for trails that are / intended for bikes is 8 feet. The segment trail is included in the Comprehensive Plan to help Mayor and Council Members , December 2, 2003 Page 2 012 facilitate transportation within the community and to also connect with adjacent communities. The system is also anticipated to interconnect with the existing regional trail systems with Anoka County (especially Bunker Hills Park) and with our neighboring cities. This route would also ultimately provide for a regional interconnect of the trail system for the numerous neighborhoods, shopping district, new high school, elementary schools and parks. It has been a goal by the City of Andover to provide a high level of transportation opportunities with the municipality to provide for alternate means oftransportation, ACTION REQUIRED The City Council is requested to review this matter and determine if you would like to proceed with the project. If it is determined to proceed with the project, Council should make a motion to do so and staff will begin having the necessary surveying work performed. Respectfully submitted, " ~~ Attachments: Location Map, E-Mails & Trail Comprehensive Plan cc: Merit Building Co., Inc., 3029 Coon Rapids Blvd., Coon Rapids, MN 55433 Gloria Freyholtz, 1806 Andover Blvd. NW, Andover David & LM Overbaugh, 1826 Andover Blvd. NW, Andover Craig Ward, 1846 Andover Blvd. NW, Andover Davin Gisslen, 1836 Andover Blvd. NW, Andover Michel & Tamara Hollister, 1816 Andover Blvd, NW, Andover / Jean Hanson, MPCA, 520 Lafayette Rd. N" St. Paul, MN 55155 -,;2 - / , " ,~, ,/1, --....... ','~ ',~ , ' ~ ---. '/i;F} . - ~,"';' City of An:bta" Exh'.A 2 ., " b a:q;a ale:l197 4 Potential 'Site for Coon Creek Caridbr TraI1 Extension . ... ~'VIL"~r~lfl " ~ ;::~~""'. i .~' .:::;--21. ~~JIP . ~ \.Lilllll . III hot ,..~"'VD. :>..'~ i I-l ",\\,' ' " rTf' 1-,-, II' I- t- rT ;-. 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'".- ~ :J::l A ;?-''- Y/<,\,-= ..~<&.- ~ . ~ t:~Rh": ,\y ~ '"'~ .~., -. ~ - - -' Z&->< ~:pl,\' I I TIT .' \\ " ~~~ " FJ! ~ ~ []j]fm::J - :: :~". A~~;Q [II ,~.~,.~' n "r~'~A:bh~= == I " . <S.~~ '::f:!J1ft L - = , ill ",."ii><<::'_:~ - . & ~~"""li{J 1 [71 ( ~1{VIDt-"<2 ~m~~j~~if) ~~L IIOfl= ~ ~ '<.() I r-.I I nn", I-wed. " ~\if.[1k "f;!. C. II , I 1 == .; A Y.I /I'111~ IIIIT . ,"" y "III,*_"''f$'"'''''~'''~''' fll '. "~IC. '-1\ t ~ )(jo \ I.., A.. ,.,"~"'- - U II I frio \ )?:;,,~/JI 1111 rTTT" ..... I-f'c...r-.- III 1Jj ~~~~'''M' ~,,~ ,~~oI...[ V'><"l'rPU--l1 I I III ffiii1iiWr- ~'~"'""'~"t.~ . ~'" ........' ~~~ ",-!""iiJ: .' > ~'\lJ I r ~>., -' -'iF.,fib,- ,~- \ )~~~,....v xW/~ . Trail PrOj ~::r-~~, -I ~,."~",/ff',,Jj$,-,,"""",:~:",:J\fA- ,,', \ "~ I- '- I- ~y.."-<~:'~""" Locati ~lW)c.;::;. \ 1l~!,()XLl 1T77Z ;s;~~ ....ffi,..;-: " --.q~""''i!.i ..(r<"tm II _ "~ _~L.,; ''1--f-. r'l- ,'?Z! -~''...Li '_:;1 ,L,.!..J .or-CD ~ D.. . -..~/ I --- ~;.' I ~l ~..;!~~~. I ( . ~I '0~ J!i r-1;~,W~'(#i4f!4~"'" '~I I, ~","'M,~ ,./TIln1 c-t~~ wilJeI":~i- ~'m IfHlli=L~fl: ~ i1r~;~~I~ i:?r I r I I ~ I /" '''t'' Sn...t.e. \ '7:1. ,. '.I:'f" S F I~ .,:'1 11i\1/ \ ~ M'K '.lrla., ~','.!..J.U, ':rH~~ ' ___ ::?\",V ' J 1fT --. ,T ~ ,~ . -' ,-;]'... I I I ~. N ',-1ap Dst!: Feb\"I.:ary 28. 2000 I __=<_ __ 1 .. 1'lm n 1':f1O Page I of I Todd Haas , , From: mike [fat49@hotmail.com] , Sent: Saturday, November 22, 2003 6:58 PM To: Todd Haas Subject: coon creek trail My name is Mike Hollister my address is 1816 andover blvd. My family and I have lived here for 15 years and we enjoy our privicy in our back yard. If I have just bought this house a few months or a year ago I might not have as much of a problem with the city wanting to put a trail through my back yard. My papers on the house and property say that I own to the middle of the creek! Its bad enough that the city allready put the sewer line back there, but I can live with that. Putting a paved trail, I can and will not live with. The money from the DNR is worth more to the city than the safety of my children that play back there? With a paved trail in my back yard it will drop my property value, and how would I be able to sell , my house (if I would) with a trail running though it? I ~ IncrediMai! - Email has finally evolved - Click Here , 11/25/2003 -1-- Page I of! 03-6 Todd Haas " From: David and Lila Overbaugh [d-Lo@usfamily.net] Sent: Thursday, November 20, 2003 11:43 AM To: Todd Haas Why can't you people do the right thing and leave us alone. Taking our property after living here for 45 years and wanting to put a path through our beautiful back yards is assinine when there are paths on both sides within 1/4 mile and a sidewalk within 500 feet, you people are absolutely heartless. We all got kids, grand kids, hopefully great grand kids that play in our back yards and don't want strangers roaming around thereoowhat is the matter with you people that you can't realize thisooJUST LET US BE AND DO THE RIGHT AND MORAL THING......One pissed off ownerooDAVID OVERBAUGH ~ IncrediMai/- Email has finally evolved - Click_IIl.l[~ ---- USFamily.Net - Unlimited Internet - From $8.99/mo! ----- '\ / / -~- 11/21/2003 - Page I of I 0.3-6 Todd Haas From: William S. Mayer [sweetwilliam99@msn.com] / Sent: Thursday, November 20, 2003 8:52 AM To: Todd Haas Subject: bike trail on coon creek TO: TODD HAAS I HAVE LIVED AT 1806 ANDOVER BLVD FOR 44 YEARS, THAT IS BEFORE IT WAS THE "CITY OF ANDOVER" SO I BELIEVE I SHOULD HAVE SOME GRANDFATHER RIGHTS HERE. WE DO NOT WANT THE BIKE PATH RUN THROUGH OUR BACK YARD, YOU HAVE A SIDE WALK ON NORTH SIDE OF ANDOVER BLVD AND I DO NOT SEE ANY NEED FOR ANOTHER ONE 200 FEET SOUTH OF IT. OUR CHILDREN AND GRANDCHILDREN HAVE GROWN UP AND ARE GROING UP IN OUR BACK YARDS. I DO NOT BELIEVE WE SHOULD HAVE TO WORRY ABOUT WHO AND WHAT IS GOING ON IN THE BACK YARD. WE WERE PROMISED THAT WHEN THEY PUT THE TRUNK LINE SEWER IN -IN OUR BACK YARDS THAT IN 2 YEARS IT WOULD BE PRISTINE AGAIN AND WE WOULD NOT BE BOTHERED AGAIN FOR ANY THING OTHER THAN MAINTENANCE. - (I'M STARTING TO FEEL LIKE THE INDIANS WITH THIER BROKEN PROMISE'S). THE MPCA IS CONCEREND THAT THERE MIGHT BE V ANDALIZEM IF THE TRAIL IS ON THE SOUTH SIDE OF THE CREEK, BUT APARENTL Y IT IS OK FOR OUR SIDE. I DO NOT BELIEVE THE CITY HAS THE RIGHTS TO JUST COME IN AND HELP THEMSELVES TO OUR PROPERTIES. WE HAVE QUITE A LARGE AREA BETWEEN WHERE YOU PROPOSE TO PUT THIS TRAIL AND THE CREEK. DO YOU THINK YOU / WILL BE ABLE TO KEEP PEOPLE OFF OF OUR PROPERTY, WHEN THIS IS SO FAR FROM ANY VEIW. (AND WHAT ABOUT LIABILITES FOR ANY CLAIMS OR INJURIES)? WHY NOT PUT THIS BIKE TRAIL SOUTH OF THE DUMP AREA WHERE THEY ARE PLANING FOR A PARK ANY WHEY? SINCERELY GLORIA FREYHOLTZ 1806 ANDOVER BLVD NW ANDOVER, MN. 55304 763-755-4699 SJ<tyQ!ltselfupJor fWLat hQrneLGeitips_QILhQJJ1e enterta.iIlffient equi}J.lllellt, vi<kQgaIl1f<,Ieyiews,-and mQt~b(:re. 11/21/2003 -{,- )i.\NDbVE~ @ \ / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator ~ d- Will Neumeister, Community Development DirectorM FROM: Courtney Bednarz, City Plann~ SUBJECT: Consider Lot Split/16030 Makah St. NW - Planning DATE: December 2, 2003 INTRODUCTION The applicant has asked the City to reconsider the proposed lot split in light of the changes that were made to the Zoning Ordinance in regard to minimum lot width, depth and area. Background The proposed lot split was denied by the Council in December of 2002 based on a lack of findings. A similar request was denied by the Council in July of 1997 for the same reason. / In June of this year, the Council approved an ordinance amendment to allow lot splits for lots that meet two of the three size requirements and are at least 90% of the third requirement. (lot width, depth and area). The applicant subsequently completed a survey that showed a lot split could be created that met the lot depth and area requirements. The lot width at the setback line would be 269.165 for each lot or 89.72% of the requirement. An item was brought to the Council earlier this year to propose rounding the 89.72% up to 90% to allow the lot split to be approved without a variance to the minimum lot width requirement. The implication being that future proposals that were at least 89.5% ofthe requirement would be rounded up to 90%. This approach was validated by the City Council. DISCUSSION The attached survey illustrates the proposed lot split. Conformance with Local Ordinances Proposed Lots Lot with House New Lot R-l Requirements Lot Width 269.165 feet 269.165 feet 300 feet (270 feet?tu 90%) Lot Depth 571.29 feet 630.79 feet 150 feet Lot Area 2.528 2.501 2.5 acres Pipeline Easement , I A natural gas pipeline runs diagonally through the property. A fifty foot wide easement exists over the pipeline. There remains sufficient space to locate a house on the new property that would be created if the lot split is approved. Drainage and Utility Easements The applicant should be required to provide the typical ten foot wide drainage and utility easements for rural properties. This has been added as a condition of approval. Staff Recommendation Staff recommends approval of the lot split based on the interpretation of the City Code discussed in the report subject to the conditions in the attached resolution. Planning Commission Recommendation The Planning Commission recommended approval of the proposed lot split with a 5-1 vote. Please see the attached minutes for more information, ACTION REQUESTED The Council is asked to approve the proposed lot split subject to the conditions in the attached resolution. Attachments Resolution I Location Map Division Survey (full size in packet) Property Sketch Ordinance Amendment Council Minutes Planning Commission Minutes ~IY ,ubmittoo, B"6 Cc: John Moore, 16030 Makah Street NW / 2 CITY OF ANDOVER / COUNTYOFANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 16030 MAKAH STREET NW LEGALLY DESCRIBED AS FOLLOWS: Tract W, Registered Land Survey Number 72, Anoka County, Minnesota WHEREAS, John Moore has requested approval of a lot split to subdivide a rural residential property pursuant to City Code 13-1, located at 16030 Makah Street NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-3-4 and 13-1-3, and; WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the proposed lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: I. The lot split shall be required to conform to Exhibit A, stamped received by the City of Andover on October 29, 2003. 2. The applicant shall provide 10 foot wide drainage and utility easements around the perimeter of both properties and outside the existing road easement for Makah Street NW with a separate document. 3. The applicant shall pay a park dedication fee Of$2,155 and a trail fee of$523. 4. The lot split shall be subject to a sunset clause as defined by City Code 13-1-6F. Adopted by the City Council of the City of Andover on this _ day of > 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor / Victoria V olk, City Clerk 3 EXHIBIT A RECEIVED OCT 2 9 2003 CITY OF ANDOVER ORIGINAL DESCRITPION: (area is 219.055 Sq. Ft. or 5.029 acres) Tract W. Registered Land Surn:y No. n. Files of the Registrar of Titles, Anoka COW1'ty. Minnesota. DESCRIPTION FOR NORTHERLY PARCEL: (Area is 108.952 Sq. Ft. or 2.501 acres) That part of Tract W, Registered Land Survey No, 72, Files of the Registrar of Titles, Anoka County, Minnesota which lies northerly of a line described as commencing at the northwest corner of said Tract W; thence on an assumed bearing of South 0 degrees 17 minutes 33 seconds West along the west line of said Tract W a distance of50.oo feet to the actual point of beginning of the line to be described; thence South 67 degrees 28 minutes 39 seconds East a distance of 632.09 feet to the easterly line of said Tract W and there terminating. DESCRIPTION FOR SOUffiERL Y PARCEL: (Area is 110.103 Sq. Ft. or 2.528 acres) That part of Tract W, Registered Land SurveyNo. 72, Files of the Registrar or Titles, Anoka County, Minnesota which lies southerly of a line described as commencing at the northwest corner of said Tract W; thence on an assumed bearing of South 0 degrees 17 minutes 33 seconds West along the westJine of said Tract W a distance of 50.00 feet to the actual point of beginning of the line to be described; thence South 67 degrees 28 minutes 39 seconds East a distance of 632.09 feet to the easterly line of said Tract W and there terminating. -1- - 16030 Makah Street NW Lot Split __ ~~ E \ \ >-- - I~ ~ ,,~~~ '" I~ II E f----'1 '/ T h I I 1/ I =L I - ~~ I--- 01. 'L l ;Z L- :r~ \ ~' If ~ r -Ii 71- /' - -Vy/ J ,::T V -b' \' ~ ~ / .; _ T:I.- "- C---- _ ~~ _ -J "'J ~ I~ \\ ~ "l~I~ I IL ~ II~ Y \ ~ I ;' / f---J!- -- (( \ , Project Location Map .~' Andover Planning -!,"'- . SDO"lr~" :i ..~'" --154.00-- -_~ ~ ~ Of> ~-- So.OO... -~, 'tt8 t:;~, ~~ "..OO'~. \ ...-;, / /f;~ E ! \ g: :1 , " :'" t . ... ... / WI if ... . 889 _.. .... ~--- ~ i : i ___ - ----..--891_.... '. . 892 01 Ii:> - ..---- 893 ". ~-~~. 01 /J \ ~ )? ~ to.> C'j :.. a. 1_" " , .. : \,' I I " \ I 01 \\ I : ~ , , , / .~ / ~. .,. / . ( / ~ . u ~ / .,. : '/ . . ) I " ~ 01 ) (II ~ \~ ) : )~ . I I I : : I : ia ,I':, I I I I I I ~ I U I U I I I I I I ~ I : {Y\. I ~ I #: \ \ ~/ I . -.I 'e , oQ \: ( ~ ~ ,,\ \ ~ \ \ ' 6 I, . , , \ I \ ~ , \ , \ \ \ " \ \ \ / ,f.,. \, I --:.or-t,. ~ \)' I r.y ~ \ \ I -;'''', '. : '. : J',.>; " \ I \ r -j>(: \ I \ I f). \ r I -'l" \ I I I ~.J ..~ \ I I I "y .,. \ I I I ~I \ : : I Ii L..~... \ I I ~ I : Z'O~~ ..~ --..:.:~ \1 I'" '__13..20-_ ,__ , -: ----.-_::::.---::f:.~-~~1;::":" :.:~~ 7- ~ · I 891., " I I ~ J __,~ --- s-~~~:.... -6-- fJroperty ~ - ~. /CeLCn . rJ Vllll l' . lV.L V V.L c:; 'f< r' 16030 Mokoh St. N.W. Andover, MN, 55304 , i 1 1 , I 1 , 1 1 \ I I 1 , I / , I I TRACT V I I )--------------- 1 I I I ---- ~ - - - ------- " I I I , ' 1 ~--n--------',,_ ............... S81"4J"38L 1 825.215 I ...- _ ~' 40 '" ' " ,0,'..., I \t 3S l" ' ~- .. "... "... fit ~I. ::lg " ~'\" ~I all ..." g!! ", ~~-_ I II z TRACT W -'-- <~>, I 'I --_ ~ --_ I I 219.055 sq. ft, -,_ ~ ~ '-, , J. ~, 5,03 acres ", ~~ I II ", ,,', q; I ~II )-~ ", ~il IIi q. " .... , I J// 'il> 1'''''.. -Y)1 .fT '" I' 7 i , / \ I / /, ,*" '1 TRACT X I I / I 1 I i I i 1 , --------------- 1 I , I 1 I ~, 1 I " I I ' 1 I " I 1 " I I " 1 ' " , 1 , , I , , , I I ~ , , 1 I , I I 1 , 1 1 1 I 1 , , 1 I 1 I , 1 N I I 1 1 I I I 1 1 1\ INCH = 100 FEET I I , 1 1 Tract W, Registered Land Survey No. 72 j ANOKA CQUNTY, MINNESOTA Subject to easements of record, if any. 800K _ PAGE_ I hereby certify that this survey. plan or report was prepared by I~ Ha~anson me or under my direct supervision and that I am a duly Registered An erson land Surveyor under the laws of the State of Minnesota. ... Assoc.,lnc. ",#./ // / -7- CIvl ~~I"'. .nd; Land $\M"'W'YOl"'1l 36Ol.1'tu'stcwlA.....~~~ CITY OF ANDOVER COUNTY OF ANOKA , , STATE OF MINNESOTA / ORDINANCE NO. 8CCCCCCC AN ORDINANCE AMENDING ORDINANCE 8, SECTION 6.02 MINIMUM DISTRICT PROVISIONS TO ALLOW LOT SPLITS ON PARCELS THAT DO NOT MEET ALL OF THE MINIMUM LOT SIZE PROVISIONS UNDER CERTAIN CIRCUMSTANCES THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: 6.02 Minimum District Provisions. (see Chart on following page). (8C, 10-17-78; 8F, 2-19-80; 8T, 4-05-83; 8U, 7-19-83; 8Z, 10-02-84; 8BB, 4-02- 85; 8LL, 11-18-86; 8NN, 12-16-86, 8PP, 5-05-87; SIT, 11-03-S7; SRRR. 4-02-91; SYYY, 9-15-92; 8ZZZ, 4-06-93; SOOOO, 5-07-96; Sf 111 IT, 10-15-02) (A) Lot splits may be allowed with lot sizes that cannot conform to the rn.inimum district provisions as follows: 1. This provision shall onlv apply to lot splits which result in no more than two lots. Reduced lot standards shall not be considered for lats containin more than two lots. 2. 3. rovide at least nine ercent of the Adopted by the City Council of the City of Andover on this 17th day of June, 2003. CITY OF ANDOVER <4'V~ ..I- /;:"'7' (' '" ~?- ' chael R. Gamache, Mayor ATTEST: lL:e-~ ()ffi Vicki V olk, City Clerk , / -'1- , , Regular Andover City Council Meeting " Minutes - June 17, 2003 Page II I ouncil would choose to not follow state law, a section needs to be added to the ordinance speCl the hours as 8:00 am to 1 :00 am, Monday through Saturday, and 10:00 am through 1:00 am on Sun If Council chooses to w establishments to be able to sell liquor until 2:00 am a public hearing must be scheduled. If Coun . wishes the closed hour to remain at I :00 am, the ordinance must be amended. If the hours are change 2:00 am, the bar owners must apply to the State for a permit to allow them to remain open and pay a o the State. Motion by Knight, Seconded by Trude, to not au ze the hours to be extended beyond the current hours of operation and to have staff bring back an amen ent to the Ordinance stating the 1 :00 am closing time. Mayor Gamache stated the reason they are not extending this, is because not extended their hours to 2:00 am. Motion carried unanimously. ~ CONSIDER ORDINANCE AMENDMENT/ORDINANCE 8, SECTION 6.02 MINIMUM DISTRICT PROVISIONS Community Development Director Neumeister noted the Council asked the Planning Commission to review an ordinance amendment that would allow lot splits for lots that are close, but do not meet all of the requirements of Ordinance 8, Section 6.02 Minimum District Provision (without a variance) under certain circumstances. This request was initiated from the lot split request at 1415 Andover Boulevard that included proposed variances to lot depth for both lots. The Planning Commission recommended approval of the proposed lot split. However, the City Council denied the lot split citing a lack of hardship for the variances to lot depth. As a part of the discussion, the Council discussed establishing a method to approve similar lot splits provided the lot met two of the three size requirements and was within ninety percent of the third. The proposed ordinance amendment will allow flexibility for infilllots in both urban and rural neighborhoods. As demonstrated with 1415 Andover Boulevard, infilllots may have development constraints that would otherwise prevent efficient use of the land. / Mr. Neumeister explained there were some word changes in the Ordinance that he wanted to point out. "Lot splits shall may be allowed" to give the Council some discretion because it is permissive rather than mandatory. The second is under point number one "This provision shall -1- .' , Regular Andover City Council Meeting " ) Minutes - June 17, 2003 Page 12 only apply to a lot split coBtaiamg which results in no more than two lots," The last change is < "each lot within the proposed lot split shall provide at least ninety percent of the requirements that cannot be met for only one ofthe requirements", City Attomey Hawkins stated he did not think the additional wording is needed for item three. Motion by Orttel, Seconded by Trude, to approve the Ordinance Amendment to Ordinance 8, Section 6.02 with the changes recommended by staff. Councihnember Trude stated she talked to Mr. Bednarz about another situation where this change will not work because the problem is where they measure the setback. She stated normally they measure the width at the setback line and in some cases if they could measure the width at the property line or the setback line, whichever is greater, it would allow people to not have to go into the category and Mr, Bednarz thought it would be something to look at. She wondered if the rest of the Council would support this change. Councilmembers Jacobson and Orttel stated they would be willing to look at it but until they had more information, they would not approve it. Motion carried unanimously. (Ord, 8CCCCCCC) --'- C=-UNICATE METROPOLITAN COUNCIL APPROVAL-RURAL RESERVE AREA & , RE ~STRICTlONS ON CERTAIN PROPERTIES Community velopment Director Neumeister explained the Metropolitan Council staff has informed the Ci at the full Metropolitan Council has approved the 964 acres selected for the "Rural Reserve". Councilrnember Orttel state ough the entire process, they had a group that had eighty acres on the railroad tracks that were p hing for this and now they 250 acres. Mr. Neumeister stated when the engineering staff, planning, dministration and billing departments sat down and discussed this item the past week, they . not know exactly which areas would be agreed upon to receive the sewer because there is only ei -eight acres of capacity and they need to come back to the Council with more information as to 'ch areas would be recommended for gravity sewer because they have a pipe on Vale and Crane eets that could be extended and it may be more favorable to extend one and not the other. Withou e detailed information, they did not want to release this until City Council reviewed it. Councilrnember Orttel asked how long it would be before the matte . resolved. Mr. Neumeister stated the July 15th Council meeting would do it. Counci ber Orttel asked if they should table this until that meeting, Mr. Neumeister stated they could to be. Motion by Orttel, Seconded by Jacobson, to approve of removing certain areas from" Reserve". Motion carried unanimously, (Resolution RI30-03) / ~/O- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2003 Page 8 , a use their general Walgreens layout for the canopy because there is not any residentla ing around there and it is enclosed in a commercial area. Mr. Bednarz stated that this item would be before City Council meeting. . PUBLIC HEARING: LOT SPLIT (02-09) TO CREATE A NEW RURAL RESIDENTIAL LOT FROM PROPERTY LOCATED AT 16030 MAKAH STREET NW. Mr. Bednarz explained that the applicant has asked the City to reconsider the proposed lot split in light of the changes that were made to the Zoning Ordinance in regard to minimum lot width, depth and area, Mr. Bednarz discussed the background of the case with the Commission. Commissioner Gamache expressed concern about lots that are going to be lower than ninety percent and the Commission will have to allow it. He explained that he felt for the applicant and he does not have a problem with this split, but he does have a problem with \ future applications requesting lower than ninety percent. Commissioner Jasper stated he agreed because it was a controversial thing to go to ninety and now there are requests for less than ninety percent. Commissioner Kirchoff stated he felt the same way but this approach was validated by the City Council. Chairperson Daninger stated they are an advisory committee and they are there to make decisions and recommendations and just because it is validated by the City Council they can still discuss this and disagree with the City Council on it. Motion by Gamache, seconded by Greenwald, to open the public hearing at 8:03 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Mr. Mark Monroe, 15961 Makah Street, explained this item has been turned down a number oftimes and he did not know why the City Council was making special considerations for one person. He stated he does not know why everyone feels they need to continually add additional properties to Andover. The original area was set up for five acres or more, that is the way it was platted and built and he does not understand the need to make the lots smaller and add additional density to the area. He explained he is against this lot split. Mr. John Moore explained one ofthe reasons this has come up and that they favor his lot split because of the concave to the entrance of his lot. He explained that ifhe was a cul- -11- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2003 Page 9 de-sac lot, this whole situation would be in reverse. He explained the setup of his property with the Commission. Mr. Moore stated he discussed this with some ofthe Councilmembers and their suggestion was they should revise the ordinance to take into consideration this type of lot to where you could measure it either at the setback or the road, whichever is the greatest and because he was so close to the requirements that rather than go through the process of measuring, they would round it off to be fair. He stated he is less than one half of one percent of the requirement. Since he applied for a lot split in this area, there has been another lot split further up the road. Since the development has been established, there have been six lots that have been split since it was set up as five acre lots and is not something new in the area. He explained that he does not know why the residents are so objective to his lot split when they did not object to the others. Mr. Monroe explained they did object to all the other lot splits they were notified about. He stated it is a rural community and they want to keep it that way. Motion by Vatne, seconded by Gamache, to close the public hearing at 8:08 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Commissioner Jasper stated that he is glad Mr. Moore addressed the Commission because he understands the logic of what he is saying based on a concave lot. He , explained this is not a bad idea forthe City to look at changing this rule to measure it at the front property line. Mr. Bednarz stated one ofthe reasons why staff did not want to take the measurement at the front setback was because once the measurement is taken, the lines can immediately start to close in on the building pad and unless they have some other minimum through the lot. The purpose of measuring the lot width at the setback line is to protect the area where the home will be built. He explained in a lot of communities, the minimum lot width must be provided throughout the entire lot and they do not have that in Andover. Chairperson Daninger thought this was discussed before. Commissioner Greenwald stated one of the reasons he was attracted to Andover was the roads and that they were not straight and if they were to look at this specifically based on this rule, he could not recommend approval but because of that uniqueness in Andover with all the corner lots he could imagine what they would be opening up if they were to change the way lot width is measured. Chairperson Daninger stated one of the concerns they have to look at is that it is 89.72 percent and the question is do they have the ability to round up to meet their Ordinance. Commissioner Greenwald stated this was validated by the City Council. \ -h- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2003 Page 10 / Chairperson Daninger asked if this could be rounded up to meet requirements. He felt this should be rounded up. Commissioner Gamache stated by doing the lot split, they are not putting the lot out of character of others in the area and he does not know where they should go with this. Commissioner Vatne stated he did not think this was universally accepted but it comes down to reasonableness and he thought rounding up was acceptable in this case. He felt this was close enough to approve. Commissioner Kirchoff stated this has been validated by the Council and rounding up is universally accepted. This would not be out of character based on the area. He could accept this for approval. Commissioner Gamache stated for the record, this is an extremely out of the ordinary item and he did not expect to approve others under ninety percent. Commissioner Greenwald stated he agreed with Commissioner Gamache and would recommend approval of this. Commissioner Jasper stated he felt this was inappropriate because they are already allowing ten percent and they are allowing more than ten percent. He stated they have / standards and they should stick to the standards. Chairperson Daninger stated the new Ordinance gives them a ten percent leeway and if this was 89.4 percent he would not be comfortable. He is comfortable with the percentage at 89.72. Motion by Kirchoff, seconded by Gamache, to recommend to the City Council approval of the proposed lot split. Commissioner Kirchoff stated it would be nice for future reference to have clarification for rounding for other discussions, Motion carried on a 5-ayes, I-nay (Jasper), I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. Mr. Bednarz mentioned that two CommiSSIOner be up at the end of the year and if interested, please give a letter to staff. \ / -/3 - @ / 5'\NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator u.4r- ~ Will Neumeister, Community Development Directort1 FROM: Andy Cross, Associate Planner A SUBJECT: Consider Amendment to Sewer Staging Plan/Fire Station #3, Smith & Miller Properties - Planning DATE: December 2, 2003 INTRODUCTION The applicant is requesting a Comprehensive Plan Amendment to change the Comprehensive Plan's sewer staging classification for contiguous properties located on Crosstown Boulevard, DISCUSSION / Initially set to receive municipal services in 2015-2020, the properties at 15773, 15803, 15827,15955 and 15975 Crosstown Boulevard NW have an opportunity to receive municipal water and sewer within the next two years via the Constance Corners subdivision and the proposed Fire Station #3. City Engineering staff has indicated that the sewer pipes that would be extended to serve Fire Station #3 have sufficient capacity to allow the connection of all of these properties. Availability of the sewer pipe to serve Fire Station #3 would put it in close proximity to these other properties. This would enable them to connect without involving other property owners in the area that may not be ready to proceed at this time. These property owners have indicated their interest in getting the sewer as soon as it is available. The staff recommends that the adjustment to the sewer staging plan be allowed to enable these properties to develop in the next year or two. Verbal inquiries and written requests to amend the sewer staging plan have been received from both Mark Smith and Thomas Miller (owners of adjoining parcels to Fire Station #3). Copies of both written requests are attached, If approved, this sewer staging change will be subject to review by the Metropolitan Council. Planning Commission Recommendation The Planning Commission unanimously recommended approval. Minutes will be sent out as a I supplemental item on Monday. \ , / Attachments Resolution Location Map Letters from Property Owners Sewer Staging Map ACTION REQUESTED The City Council is asked to approve the proposed Comprehensive Plan Amendment. Respectfully submitted, ~~ Andy ross Cc: Mark Smith, 4601 Weston Woods Way, White Bear Township, MN 55127 Thomas Miller, 15827 Crosstown Blvd. N.W., Andover, MN 55304 CITY OF ANDOVER , I COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R- -03 A RESOLUTION APPROVING SEWER STAGING PLAN AMENDMENT FOR PROPERTY LEG ALL Y DESCRIBED AS: The South half of the Northwest Quarter ofthe Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota; and also The North 930 feet of the Southwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota EXCEPT the South 160 feet of the West 490 feet. WHEREAS, the Andover Review Committee (ARC) has reviewed the request to amend the sewer staging plan; and WHEREAS, as a result of detailed review by the City Engineering Department and the City's sewer plan consultant, WSB Associates, the subject properties may be allowed to be moved into the current sewer staging plan (2000-05); and , WHEREAS, there is sufficient capacity in the sewer pipe that is proposed to be extended from Constance Corners to serve Fire Station #3 to serve the subject properties; and WHEREAS, the Council finds the proposed change in the sewer staging plan will not involve other properties that may not be interested in developing at this time; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of ARC and City Staff and approves the change in the sewer staging plan to allow the subject properties to be included in the current stage of sewer extension. Adopted by the City Council of the City of Andover this _ day of December, 2003. CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor I -3- - e( '. lLJtknON MAP'- - - I ~\.t1 741 I 643 I I ~, I I 455 I I ~, I -1 341 --------- -.-. ,-~& ..-.- -' ...... l 16061 c u'" '.~.."" . ,i' 1'1 H\,:- 556 680 to 16069 16019 428 , 470 360 512 " 16034 16019 , 16021 "':,j;"f:,".;i,,,,':.~~;'d"'''''"':~ t) CoNS'7?tNce" ~%~~~ ~ Co~1,,{~{2$ _ " ~~<<.~ Ir ;~~f MI1~r=- $Mmt . ..!l~.~- 525 ~~~ F- A~: ,- .--'~~~~ "f'J0~;-Y- " 575 475 ".&~. 15! &T~~ fI~~~~' ,r-~~<!c- 5p:1ir;U ~ .~~~ -" 383 i '1 ~7 : -r--.. 1 59TH A~ , ~ , 15883 ) -:J1foMA$ Mtc.U/Z.. 524 15876 574 15!127 P.eoP~ "-. - .- ::n ><: 15833 L!J :! 887 15762 15803 531 15818 577 15713 1 58TH ~ ,,1= , 58TH AVE - 15783 910 15745 1 7/ 375 l- V> 546 496 0 0 15743 0 15726 m 719 -...... 5 677 629 15733 ' w 841 553 461 c:: ::",!, ~I ~ "I - \ I 524 \\"'1 ~ s ~ I \ ~ l... . .442 ~ City of LEGEND Map. Andover SOUTIIII2 SECTION: 13 City, Half Section o Half Section Boundary E; TOWNSHIP: 32 RANGE: 24 p. .\ddress Book o Lot$I parcels p G II / ~~ Parks Map Date: July 22, 1999 ;- Water Features ~ o Right~-Way ~+- . , Memorandum Date: October 30, 2003 -.. ':.To: Mayorand_City:Gouncil ... ... .- .. ,. -- From: Dan Winkel, Fire Chief 1:>.111 ..", . ' '. I . ;,:{ Subject: Request to Consider Change ofMU.SA Phasing Schedule ;1\;:, .~t;J" .. " . ~ The fire department is requesting that the Mayor and qty Council consider a request to change the current MUSA phasing for the property where the p.ew fu:e station is proposed to be located. The property is located on Crosstown Blvd. N.W. .8.Rpro~ely , / one block southof161lt Avenue on the east side of the road. The current scIiedufe indicates that city sewer and water would be extended east of Crosstown sometime between 2015 and 2020. We are requesting the council to change the schedule to allow for the extension of sewer and water in 2003- 2004: ',. 'j..~ .(F The extension of the public utilities will allow for the construction of the propos~ fire station with city sewer and water included rather than a septic system and well. ' The fire 'department staff appreciates the. council's consideration of this request and is looking forward to moving ahead with the construction of the new station. ; Station I Station 2 Station 3 13875 Crosstown Blvd. 16603 Valley Drive 1785 Crosstown Blvd. Andover, Minnesota 55304 Andover, Minnesota 55304 Andover, Minnesota 55304 763n55-9825 763/421-9426 763n55-9044 Fax: 763n55-9583 -5"- THoMAS S.!lII'n J~ & SHIRLEY M. Mn J ~ 15827 CROSSTOWN BoULEVAlU> N.W. ANDOVER, MN 55304 , i October 22, 2003 Courtney Bednarz City Planner 16&5 Crosstown Boulevard N.W. Andover, Minnesota 55304 RE: Municipal Sewer Service for our property Dear Mr. Bednarz: Please be advised that we have signed a purchase agreement to sell our property) to Laurent Land Development, Inc. ["Laurent"]: The purchaser's obligation to close is contingent upon obtaining certain development approvals from the City of Andover and other units of government. To accommodate Laurent's proposed development, we request that the City change the sewer staging of the property from 2015-2020 to the current stage of sewer expansion (2000-2005). We are not requesting that our property be assessed for any public improvement. The City is further advised that Laurent has our permission to include our land in a plat application. We request that the City process the plat application and make final approval contingent upon Lament obtIDmne title from us. , \ " Sincerely, ~ '~.1:>. ~ ) '1 A...> Thomas S. Miller Shirley. cc: Steven G Thorson, Esq. Gary Laurent, Laurent Land Development, Inc. 21730&.1 ) Our legal description: That part of the Southwest Quarter of the Southwest Quarter. Section 13, Township 32. Range 24, Anon County, Minnesota, lying Northerly of the following described tract: commencing at a point on the West line thereo~ distant 400 feet North of the Soulhwest comer of said Section 13; thence North along the West line thereo~ a distance of 400 feet; thence East at right angles to the West line thereof to the East line of said Southwest Quarter of the SouI:hwest Quarter; thence South along the East line thereof a distance of 400 feet; thence West to the point of beginning. [Property:rllX Identification Number or Tax Parcel Number 13-32-24-33-0001] -{,- . . ~ IE t IE 1""'." , c: \!j!f ;.J{ !'Ii Mark R. Smith IJlf OCT 242003 10! -- 4601 Weston Woods Way 1 ___.. .. ---1 I White Bear IOIllr!7.~l!ip, /1N 5512 CITY OF Ai\tJ0 I...d 1 651':-426~8050 651-426-8049 (fax) October 22, 2003 . - ,..- -.- -- -..- -- . . ..." -,. .---- ---- ..------ -- . -.--- .... -- _. . - - The Honorable Mike Gamache, Mayor and City Council Members City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 / \ Dear Mayor Gamache and Council Members: \ - - , Please accept this request to move up the current staging on three parcels of property that I own on Crosstown Blvd. They are 15803 Crosstown Blvd., 15773 Crosstown Blvd. and 15955 Crosstown Blvd. Please move the staging for 2010-2025 to the current staging 2000-2005. Thank you for your consideration of this request. ~ ~. ~ Mark R. Smith :~;f.~~~ :/':.,,~..! .'.'~~,:.~'>~j' )l.::; ~':.E.; ('(,:'~'.;C(; ~....:f~!.'i):.';i.;.:' , , : ;';i~.: ~'~-.':.'!.!! -.'...... ", .~. ~ -7- 1\ c: I CO ~ '\ _ c: a. ~ 0 :g8~0 '!! 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WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator uJ.,... . Will Neumeister, Community Development Director wJ-. FROM: Andy Cross, Associate Planner ./Pc. SUBJECT: Consider Rezoning R-l to R-4 at 15827 Crosstown Boulevard - Planning DATE: December 2, 2003 INTRODUCTION This rezoning will allow the development of a 15.22-acre parcel that can now get sewer service via the Constance Corners subdivision sewer. DISCUSSION J The City's sewer staging, as drafted in the Comprehensive Plan, has this parcel slated to receive sewer service between 2015 and 2020. With the development ofthe Constance Corners subdivision, sewer service will be available next year. This rezoning would have taken place when the area received sewer service in 2015, but is sought now with the early arrival of the sewer utility. Providing sewer service to this area before 2015 will require an amendment to the sewer staging element of the Comprehensive Plan. An application for this amendment is on the agenda for the November 25, 2003 Planning and Zoning meeting. If this Comprehensive Plan Amendment is not ratified, then the rezoning for 15827 Crosstown Boulevard will not be pursued. As with all rezonings, the City must meet one of the two following findings that are provided by state statute: 1. The original zoning was in error. 2. The character of the area and/or times and conditions have changed to such an extent to warrant the Rezoning. The times and conditions have changed with the arrival of municipal services to properties adjacent to the applicant's property. Sewer service is available to the nearby Constance Corners subdivision and its arrival is imminent at the future site of Andover Fire Station #3. With city water and sewer available, this area will be able to developed at a density that an R-4 zoning classification provides. \ Planning Commission Recommendation , ) The Planning Commission unanimously recommended approval. The minutes will be sent out as a supplemental item on Monday. Attachments Ordinance Amendment Location Map Citizen Letter ACTION REQUESTED The City Council is asked to approve the proposed Rezoning. Respectfully submitted, ~;;;;? Andy Cross Cc: Laurent Land Development, Inc., 100 S. Fuller Street, Suite #200, Shakopee, MN 55379 \ CITY OF ANDOVER , j COUNTY OF ANOKA STATE OF MINNESOTA CITY CODE CHAPTER 12-3 AN ORDINANCE AMENDING CITY CODE CHAPTER 12-3, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Chapter 12-3, The Zoning District Map of the City of Andover is hereby amended as follows: I) Rezone land from R-l, Single Family Rural to R-4, Single Family Urban, legally described as: That part of the Southwest Quarter, Section 13, Township 32, Range 24, Anoka County, Minnesota, lying Northerly of the following described tract: commencing at a point on the West line thereof, distant 400 feet North of the Southwest corner of said Section 13; thence North along the West line thereof, a distance of 400 feet; thence East at right angles to the West line thereof to the East line of said Southwest Quarter of the Southwest Quarter; thence South along the East line thereof a distance of 400 feet; thence West to the point of beginning. 2) All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. This rezoning is approved based upon the fact that the character of the area has changed and the conditions surround the site have changed to such an extent that a rezoning is warranted. Adopted by the City Council of the City of Andover on this _ day of December 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk -3- U'l IJJ a: ::l ..... ~ u.. a: IJJ ..... RECEIVED November 18, 2003 NOV 1 8 20m , \. / Andover City Council CITY OF ANDOVER Andover Planning and Zoning Committee, Re: 20 acres on Crosstown Blvd. south of Constance Proposed for a zoning change After hearing that 20 acres of land north of our property was sold to, Mark Smith to be developed as a housing development I became very concerned. We live just south of this 20 acre property on 157th Avenue. This whole area has always been zoned 2 1/2 acre minirnu!1'\, We have lived on this property in Andover for almost 25 years, we have seen the huge increase of development for housing in this city. The reasons we live in this rural area is for the peace and qutet, nature, wildlife and nice big yards for our children to play in. I feel it would be a huge mistake to approve a zoning change for 1 developer to come into our neighborhood build a large group of homes, > make his money and leave. Meanwhile ,we are stuck with a group of homes in our backyards. Is it worth it for 1 person to benefit from this zoning change? Please think twice before you vote, some of us long time residents moved here many years ago for the reason of owning acres. If we wanted small lots we would have moved to a developed neighborhood. PLEASE CONSIDER EVERYONE IN THIS MATTER! Concerned Andover Resident, \~dtd / ;crL -5" - ~v / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 , FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator wiv- d- Will Neumeister, Community Development Director FROM: Courtney Bednarz, City Plann~ SUBJECT: Consider Conditional Use PermitlLand Reclamation/Soil Storage/2748 161'1 Ave. NW- Planning DATE: December 2, 2003 INTRODUCTION The applicant is requesting to store up to 15,000 cubic yards of dirt on the subject property. Bringing material in excess of 400 cubic yards onto a property is considered land reclamation and requires a Conditional Use Permit. The material will be generated as a part of the Round Lake Boulevard Reconstruction Project. DISCUSSION A permit is required to allow the City to review the type of material, the route and method of transportation, measures to prevent displacement from wind, hours of operation, length of permit, site restoration, etc. Type of Material The material will be excess dirt from the Round Lake Boulevard Reconstruction Project. No concrete, asphalt or other construction material or debris will be allowed to be stored on the site. Transportation A letter from the Round Lake Boulevard Reconstruction Project contractor is attached to describe how the material will be brought to the site from the project area. The Anoka County Highway Department has issued a permit to the contractor and is aware of the proposal. The applicant intends to use the material on other construction projects and sell the dirt over the next three years. The location of the storage area is indicated on the attached aerial photograph. Displacement The material will be located toward the southwest corner of the site where it will be protected from wind by existing trees. The location will be approximately 700 feet away from the nearest residential structure. In addition, the stockpile will be seeded and mulched to prevent displacement. Annual Inspection I This type of permit has typically been subject to an annual inspection to ensure the terms of the permit are being observed. Staff Recommendation Staff recommends approval of the proposed Conditional Use Permit subject to the conditions in the attached resolution. , , Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed Conditional Use Permit. Due to the location of a natural gas pipeline through the property, the Commission added written consent and compliance with any requirements from Northern Natural Gas as a condition of approval. Due to the short time frame between meetings the minutes will be forwarded as a supplemental. ACTION REQUESTED The Council is asked to approve the proposed Conditional Use Permit subject to the conditions of the attached resolution. Attachments Resolution Location Map Contractor's Letter Aerial Photograph. , , Cc: Grant Schmitt 274816151 Avenue NW Rocky Lindberg, Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 / -z- CITY OF ANDOVER COUNTY OF ANOKA '. . , STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW LAND RECLAMATION ON PROPERTY LOCATED AT 2748 161 ST AVENUE NW(P.I.D. 16-32-24- 42-0001), LEGALLY DESCRIBED AS; THE Northwest quarter of the Southeast quarter of Section 16 Township 32 Range 24, Anoka County, Minnesota except that part described as follows: beginning at a point on the North line of said quarter quarter 1869.85 feet west from the East quarter corner of said section, thence South at a right angle to said North line 208 feet, thence West parallel with said North line 400 feet, thence North at a right angle 208 feet to said North line, thence East along said North line 400 feet to point of beginning, except road, subject to easements of record WHEREAS, Grant Schmitt has requested a Conditional Use Permit to allow land reclamation for a two year period on property located at 2748 16151 Avenue NW; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-8-4, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a J detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit to allow land reclamation subject to the following conditions: I. The applicant shall observe all requirements and recommendations by the Anoka County Highway Department concerning transporting the material on County roads. 2. The permit shall be limited to three years from the date of approval and shall expire in December of 2006. 3. The volume of material stockpiled on the subject property shall be limited to a maximum of 15,000 cubic yards. 4. This permit shall be subject to annual site inspection to determine compliance with the City Code and the conditions of this permit. 5. The applicant shall provide to the City written consent to cross the natural gas pipeline from Northern Natural Gas and shall conform with any requirements provided by the utility provider. -3- 6. No concrete, asphalt or other construction material or debris shall be allowed to be stored on the site as a part of this permit. '\ " ." 7. The stockpile shall be located in the southwest quadrant ofthe subject property. 8. The stockpile shall be seeded and mulched to prevent displacement. 9. The hours of operation shall only be between 7am and 6pm. 10. The subject property shall be restored to a level condition or improved when the material has been removed and/or at the time the permit expires. 11. Mining material beyond the imported stockpile shall be prohibited. 12. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-15-6D. Adopted by the City Council of the City of Andover on this _ day of ,2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor '\ Victoria V olk, City Clerk J -1-- Conditional Use Permit land Reclamation 2748 161st Avenue NW '- I I \. j ~ ~~~ \\ 1 "'1l I ~Ej j~ ^r L-. r / 1 .-.. \ 1-1 ~ 1\ '.'OT. - f--- 1=1 - - - - 1- '\ 0.. - / - - I - V0 I l / --\~ - . - I- I - ----r"'-- I I " I I N Project Location Map w~, . Andover Planning -5'- FO'Bst lakB ~ _ 14777 Lake Drive C-- ContractIng, Ine. Forest Lake, MN 55025 PH: (651J 4644500 FAX: (651J4644722 City of Andover RE: Request to Stockpile Topsoil on 2748 County Road 20, Andover To Whom It May Concern: Forest Lake Contracting, Inc. requests City approval to temporarily stockpile up to 15,000 cubic yards of topsoil on property described above owned by Grant Schmitt. The topsoil is being generated from construction of county road 9. Trucking of topsoil will occur between the hours of 7a.m. to 6 p.m. via county roads 9 and 20 using up to five trucks. "Trucks Hauling" signs will be setup on county road 20 near the driveway entrance during hauling operations. The stockpile will be temporary seeded and mulched. Topsoil from the temporary stockpile will be reused on the C.R. 9 project or other projects starting in spring of 2004 through December 1, 2006. Forest Lake Contracting . /' will be responsible for trucking of topsoil to the property. Grants Excavating will responsible for permit requirements and removal of topsoil over the three year period. If you have any questions or need additional information, please feel free to call. /d -2~ ;/, . Ci" '.4..44- ~ Grant Schmitt Grants Excavating '\ ) AN EQUAL OPPORTUNITY EMPLOYER -~- @f) . \ - J CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOYER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator /tilt.- FROM: Vicki V olk, City Clerk SUBJECT: Water Fluoridation Quality Award (Information only) DATE: December 2, 2003 DISCUSSION The City has received the 2002 Water Fluoridation Quality Award from the Centers for Disease Control and Prevention for maintaining optimal fluoride levels and meeting the fluoridation / monitoring requirements of the State of Minnesota for all 12 months of2002. Attached are a copy of the certificate and a letter from the CDC. The original certificate will be on display at the water treatment plant. Respectfully submitted, Ue..> uk Vicki V olk City Clerk / -- WfRS Water Fluoridation Reporting System 2002 Water Fluoridation Quality Award This certificate is awarded to ANDOVER Public Water System ID: MN 1020034 For successfully maintaining optimal fluoride levels and meeting the fluoridation monitoring requirements of the State of Minnesota for all 12 months of 2002. Presented by the Centers for Disease Control and Prevention United States Department of Health & Human Services ./~ D"...J ~ ~,- ---." 'f- ~ <"+<-::j F- National Fluoridation Engineer, Division of Oral Health National Center for Chronic Disease Prevention and Health Promotion (~ DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service .~ ", 1t~~lQ Centers for Disease Control and Prevention (CDC) Division of Oral Health 4770 Buford Hwy, F-10 Chamblee, GA 30341 July 3, 2003 RE: 2002 Water Fluoridation Quality Award Fluoridation of community drinking water is a major factor responsible for the decline in dental caries (tooth decay) during the second half of the 20th century. The Centers for Disease Control and Prevention (CDC) recognizes community water fluoridation as one of ten great public health achievements of the 20th century. Beginning with Grand Rapids, Michigan in 1945, community water fluoridation has expanded to over 6,400 water systems adjusting their fluoride concentration. In the United States, over 162 million people now have access to fluoridated drinking water. The safety and effectiveness of fluoridation depends upon how consistently the water treatment operator maintains the optimal fluoride concentration. To assist state and tribal fluoridation managers with monitoring the quality of water fluoridation, CDC designed an Internet-based database called the Water Fluoridation Reporting System (WFRS), which allows managers to enter monthly quality data for all fluoridated water systems under their jurisdiction. Based upon data entered into WFRS, your water system is recognized for providing optimally fluoridated drinking water for all 12 months of2002. Congratulations! Your dedicated efforts have resulted in improved oral health for your family, neighbors, and community. Please accept the enclosed certificate as a token of appreciation for providing optimally fluoridated drinking water in 2002, and we hope to see you repeat this achievement for 2003! Sincerely yours, D~A~~- --...... David M. Apanian, P.E. National Fluoridation Engineer Division of Oral Health National Center for Chronic Disease Prevention and Health Promotion -3- ~tJ C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Admini~trator FROM: Dana Peitso, Human Resources Manager SUBJECT: Consider Closing City Hall the Day After Christmas DATE: December 2, 2003 INTRODUCTION City management is proposing that City Hall be closed the day after Christmas, Friday, December 26, 2003. DISCUSSION \ This is not a regularly scheduled holiday, therefore, employees who would like to work may do so, but employees who would like to take the day off would be able to use vacation time or compensatory time to offset the hours not worked. ACTION REOUESTED. The City Council is requested to approve closing City Hall on Friday, December 26,2003. Respectfully Submitted dJfr1~ Dana Peitso , C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda Items for December 2, 2003 Council Meeting DATE: December 2, 2003 The City Council is requested to review the supplemental material for the following Agenda Items: Accept Additional Information under Consent and Discussion Items Item # 7 - Adopt 2004 Fee Ordinance (Supplemental) - Clerk Items # 11,23,24,25 - Planning Commission Meeting Minutes (Supplemental) - Planning Accept Additional Item under StaffItems Item # 28 - Select Date to Interview Planning and Park Commission Candidates (Supplemental) _ Planning Respectfully submitted, JjflL- dty Administrator (j) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: John Erar, City Administrator}!. FROM: Vicki Volk, City Clerk SUBJECT: Adopt 2004 Fee Ordinance - Supplemental DATE: December 2, 2003 DISCUSSION The Finance Department has requested a few changes to the fee ordinance for 2004. Under Public Works they have added costs for signs that are made for the general public. The Administrative Fee (non project related activity) has been changed as shown on page 1. Attached are the two pages that reflect the changes. ACTION REOUIRED Council is requested to adopt the changes with the 2004 Fee Ordinance. Respectfully submitted, (lj,^-". a.L& Vicki V olk City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. AN ORDINANCE ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COllECTED BY THE CITY OF ANDOVER. THE CITY COUNCil OF THE CITY OF ANDOVER HEREBY RESOLVES: The following permit fees and service charges are hereby established for the year 2004. Administration: Administratiye Fee (non project related activity): 25% of totallaBeJ: charges for overhead costs Approval/Recording of Deeds: Abstract Property $30.00 Includes Anoka County Fee $20.00 + Staff Time Torrens Property $45.00 Bad Check Fee: $30.00 Canvasser/Solicitor License: N/C - 30 day license City Publications: Budget $25.00 Financial Statements $25.00 Comp Plan $25.00 Copies: (per sheet) Up to 8 W' x 14" $0.35 Oversize $0.50 18"x24" $3.00 24"x36" $4.00 Larger Sizes $7.00 Surveys $3.00 Surveys Requested by Owner $1.25 Ordinance 8 $25.00 Ordinance 1 0 $10.00 All other Ordinances $1.00 Dog Licensing: . Yearly License $6.00 per year Commercial Kennel (more than 3 dogs) $250.00 Includes mailing labels Commercial Kennel Recording Fees Abstract $30.00 Includes Anoka County Fee + Staff Time Torrens $45.00 Private Kennel (more than 3 dogs) $200.00 Includes mailing labels Annual Kennel Renewals $25.00 G:\DATA\STAFF\MHARTNER\ORDINANC\2004 Fee Schedule.DOC Page 1 -,- Variances: Zonin Ordinance Variance Re uests $150.00 Zonin Letter: $50.00 Public Works Street Sweepin : Si ns: Materials Cost Ius 25% Administrative Fee Labor Billable hourly rate times recovery rate factor Sanita Sewer Hook-u Permit Fee: Laterals: Plumbin : Sanitary Sewer Rates: Sewer Area Charge $1,302.00 per acre Sewer Connection Fee $351.00 per unit Commercial Connection Fee Rate = 1 connection fee for each SAC unit Sanitary Sewer Lift Station Connection Fee: Fox Hollow Lift Station $178.00/unit Shadowbrook Lift Station $777.00/unit Chesterton Commons Lift Station $393.00/unit Sewer Availabilit Char e - Met Council Fee: $1,350.00 Sewer Contracting: Equipment Fee $100.00 per hour labor Fee Staff time plus 25% Televisin Staff time Ius 25%, minimum 2 hours Sewer Usage Rates: Penalty/Late Payment 10% Quarterly Rate $47.84 per quarter Monthly Rate $15.95 per month Quarterly Rate (Senior Citizen Reduced Rate) $23.92 per quarter Monthly Rate (Senior Citizen Reduced Rate) $ 7.98 per month G:IDATAISTAFF\MHARTNERIORDINANC\2004 Fee Schedule.DOC Page 13 Sl\.NDbVE~ (!!Xij)&) @ 1685 CROSSTOWN BOULEVARD N.W.' ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ ~ Will Neumeister, Communit evelopment DirectorU11 FROM: Courtney Bednarz, City Plann~ SUBJECT: Supplemental- Planning Commission Minutes from the November 25,2003 Meeting. DATE: December 2, 2003 INTRODUCTION Minutes for the following items are attached: II. Approve Variance for Nonconforming Lot/313 I I 69th Lane NW - Planning 23. Consider Amendment to Sewer Staging Plan/Fire Station #3, Smith & Miller Properties - Planning 24. Consider Rezoning/R-I to R-4/15827 Crosstown Boulevard - Planning 25. Consider Conditional Use PermitlLand Reclamation/Soil Storage/2748 161 st Ave. NW - Planning DISCUSSION None. ACTION REOUESTED None. Attachment Planning Commission Minutes ~ ,ubmitted, e n PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 25,2003 ~ VARIANCE (03-10) TO ALLOW A NEW HOUSE TO BE CONSTRUCTED ON A NONCONFORMING LOT LOCATED AT 313ll69TH LANE NW. Mr. Bednarz explained the subject of the property contains a dilapidated structure that needs to be removed from the property. The applicant would like to construct a new home in its place. Mr. Bednarz discussed the report with the Commission. Acting Chairperson Kirchoff asked ifthere was a septic system on the property. Mr. Bednarz stated there was. He stated a new septic system would need to be installed. Commissioner Gamache stated the City established this as an acceptable piece of land before 1970 and he would have to see this as a hardship because the owner of the lot had nothing to do with the way this is platted out. If they do not grant the variance the land will be unusable so they might as well put a new house on this and take down a house that is unsafe. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, approving the proposed variance subject to the conditions of the attached resolution. Commissioner Vatne asked if they approve the variance, would the builder be able to come in with a building permit proposal to be in conformance with code. Mr. Bednarz stated if the yariance is approved, the builder would apply for a building permit and would need to be in conformance with City Code. Commissioner Jasper asked if they should have a sunset provision on this. Mr. Todd Stenvick stated he is the builder and the plan is they will tear down the house as soon as they get approval from the City Council. The reason they have not down this until now is because of the time of year, if they would tear this down before they get approval, the hole will freeze and they will incur additional excavating costs. He stated the well and septic is being abandoned for new ones. He stated they have already gone through inspections with the Department of Health and had asbestos tests done. He stated the goal would be to get a basement in before the end of the year. Regular Andover Planning and Zoning Commission Meeting Minutes - November 25, 2003 Page 2 Motion carried on a 6-ayes, O-nays, I-absent vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. ,- PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 25,2003 ~ PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (03-08) TO CHANGE THE SEWER STAGING FROM 2015-2020 TO 2000-2005 FOR PROPERTIES LOCATED AT 15773,15803,15827, AND 15955 CROSSTOWN BOULEVARD NW, Mr. Cross explained that the applicant is requesting a Comprehensive Plan Amendment to change the Comprehensive Plan's sewer staging classification for four contiguous properties located on Crosstown Boulevard. Mr. Cross explained the properties are designated to receiye municipal services in 2015- 2020 time frame. Municipal water arid sewer is presently available as a result of the Constance Corners subdivision. The applicants are requesting the Comp plan be amended to allow the properties access to municipal sewer and water between 2000- 2005. Mr. Cross stated City Engineering staff has indicated that the sewer pipes that would be extended to serve Fire Station #3 have sufficient capacity to allow the connection of all of these properties. Availability of the sewer pipe would serve Fire Station #3 would put it in close proximity to these other properties. This would enable them to connect without involving other property owners in the area that may not be ready to proceed at this time. Mr. Cross discussed the information with the Commission. Acting Chairperson Kirchoff asked if the fire station would require sewer and water for that property. Mr. Cross stated that was correct and it was a request by the Fire Chief to have that property brought up to 2000-2005. Commissioner Gamache asked if this was a request or was it needed by the fire department. Mr. Bednarz explained it would be advantageous for them to have access to City utilities. Commissioner Vatne asked if there was sufficient capacity to allow a connection across the road. Mr. Cross stated this was true. Motion by Vatne, seconded by Gamache, to open the public hearing at 7:07 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Greenwald) vote. Regular Andover Planning and Zoning Commission Meeting Minutes - November 25, 2003 Page 2 There was no public input. Motion by Casey, seconded by Vatne, to close the public hearing at 7:08 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Greenwald) vote. Mr. Bednarz explained he had a phone conversation with an adjacent resident and his concern was urban development adjacent to his acreage property and he wanted to share with the Commission his desire to see if the urban development could be developed at the central part of the property and if the perimeter could be left in some type of acreage or larger lot form. Acting Chairperson Kirchoff noted this information to be added to the public hearing. Commissioner Gamache asked if they would be seeing a plat. Mr. Bednarz stated that if these items move ahead they will be seeing a plat as the next step in the process. Commissioner Vatne asked if approved, would this change the Comprehensive Plan. Mr. Bednarz stated this would be process like any other Comprehensive Plan Amendment and would need to be approved by the Met Council. Motion by Gamache, seconded by Vatne, to recommend to the City Council approval of Resolution No. -' approving the request for an amendment to the Comprehensive Plan. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 25,2003 . PUBLIC HEARING: REZONING (03-10) TO CHANGE THE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL (R-l) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED AT 15827 CROSSTOWN BOULEVARD NW. Mr. Cross explained this rezoning will allow the development of a 15.22-acre parcel that can now get sewer service as a result of the Constance Corners subdivision. Mr. Cross stated the City's sewer staging, as drafted in the Comprehensive Plan, has this parcel slated to receive sewer service between 2015 and 2020. With the development of the Constance Corners subdivision, sewer service will be available next year. This rezoning would have taken place when the area received sewer service in 2015, but is sought now with the early arrival of the sewer utility. Mr. Cross discussed the item with the Commission. Commissioner Gamache stated in the staff report, it showed 15.22 acres, but the map showed 43.5. Mr. Cross stated they are only looking at rezoning the Thomas Miller Property. The entire area requesting a change to the sewer staging plan is 43.5 acres. Motion by Gamache, seconded by Jasper, to open the public hearing at 7:12 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Greenwald) vote. Mr. Mark Lipske, 629 15ih Avenue, showed where his property was on the map and explained his understanding was some other neighbors sold out and he believed that this was not going to be the only land wanting to be rezoned. He thought the surrounding properties would also request the same. He stated he was concerned about the progressive development in Andover and he wondered if they could save part of Andover as a natural type of area and instead of rezoning urban, require it be at 2.5 acres per parcel so they do not have to clear cut everything. He showed on the map what he would like to see. He noted he would like to have a buffer oftrees around the perimeter of the property to shield the development from adjoining properties. Acting Chairperson Kirchoff explained that the details on how the development would layout would be available for review as a part of a future sketch and plat. It was his -- Regular Andover Planning and Zoning Commission Meeting Minutes - November 25, 2003 Page 2 understanding there was not any development plans for the site at this time and it is strictly a rezoning request. Mr. Troy Gamble, Anderson Engineering of Minnesota, explained he was at the meeting on behalf of the applicant, Lorent Development. He stated that at this time they do not have a detailed plan. When they do get a piece of land that is well wooded, it is to the developers' advantage to look at perimeter screening and ways of custom grading lots to make it more appealing to the buyer and the residents in the area as well. He stated the points made are duly noted and they plan on bringing a plan in to the City in the next month. Motion by Casey, seconded by Gamache, to close the public hearing at 7:28 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Greenwald) vote. Commissioner Gamache asked what the implications were for bringing the sewer across the road and is it inevitable the entire area will get rezoned R-4 because of the available sewer and water or is it still feasible for these lots to be developed as 2 1/2 acres with septic and wells. Mr. Bednarz explained the City would not accept a rural plat in terms of coming in with just 2 ~ acre lots because it is all within the MUSA. He stated it is all guided to be urban development at some time in the future. Ifthis is rezoned to R-4, 11,400 s.f. is the minimum lot size and they could make some lots larger but he thought it was unlikely they would be 2.5 acres. Commissioner Vatne asked if these were larger than Y. acre, would they still be serviced by sewer and water. Mr. Bednarz stated this was true. Commissioner Jasper asked if this issue came about because the owners wanted to develop these properties or because the sewer was going to be coming in for the Fire Department. Mr. Bednarz explained the sewer became ayailable when the Constance Corners Development went in. The brought sewer under the railroad tracks and down through the property to the northwest. At this point sewer crossed Crosstown Boulevard and became physically available to the properties and the Fire Station site. Commissioner Vatne asked if the timeline for development of these properties was originally out ten to fifteen years but because utilities came in sooner, property owners asked for it to be brought in sooner. Mr. Bednarz stated this was correct and showed a graph and eXplained the different sewer stages and adjustments that have been made as a result of properties not developing in the stage they were initially assigned. Acting Chairperson Kirchoff explained this is only a plan and may change. Commissioner Jasper asked if rezoning was inevitable if development of the properties were to come about. Mr. Bednarz stated this was true. Commissioner Greenwald arrived at 7:34 p.m. -- Regular Andover Planning and Zoning Commission Meeting Minutes - November 25, 2003 Page 3 Commissioner Vatne explained the importance ofthe drawing of the MUSA line, once the line in the past was expanded out, served as the destiny for the properties therein, rural designation going from an R-l, splits could not take place any longer, similar to the Rural Reserve which they have talked about a number of properties in, basically locked those so they could not make them into 2 !12 acres. Mr. Bednarz stated this was essentially correct, especially for the Rural Reserve. The Council allows a little more flexibility in the general area that is undeveloped in the MUSA in that you can still do a fUrallot split once every three years but you could not come in and divide up a forty acre piece in ten or twelve 2 !12 acree lots. Motion by Gamache, seconded by Casey, to recommend to the City Council approval of Resolution No. _, approving the rezoning request subject to the conditions of the resolution. Commissioner Vatne stated they heard from the developer regarding the concerns with the trees and the landscape. They have seen other developers come in with similar concerns so he thought this was something that was being addressed. Mr. Lipske had a good idea with a buffer zone and he thought there was some merit to that when the developer is laying out some of these tracts to give some consideration that way. He explained the trade off is the value of land that they will be looking at in all cases so it will be a balancing act but it is an interesting suggestion and he would encourage this to be taken forward for the City Council also. Commissioner Gamache asked ifhe understood this correctly, they will not see a plat on this property before the end of the year so the chances of having the developed will not happen until the spring of200S. Mr. Bednarz explained it may be sooner based on what they heard from the developer. Commissioner Gamache asked if this needed to be heard before the end of the year for this area to be developed in 2004. Mr. Bednarz explained it depended on if the developer would construct the streets and utilities or if the City would do this. If the developer would construct their own streets and utilities, they would not be subject to the same requirements and time limits. Acting Chairperson Kirchoff asked if it would be under that scenario where they could see development in 2004. Mr. Bednarz stated ifthey went with a public improvement, they would need to have a preliminary plat be approved by January 31, 2004. Motion carried on a 6-ayes, O-nays, I-absent vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 25, 2003 .,. PUBLIC HEARING: CONDITIONAL USE PERMIT (03-14) TO ALLOW LAND RECLAMATION/SOIL STORAGE ON PROPERTY LOCATED AT 2748 161sT A VENUE NW. Mr. Bednarz explained that the applicant is requesting to store up to 15,000 cubic yards of dirt on the subject property. Bringing material in excess of 400 cubic yards onto a property is considered land reclamation and requires a Conditional Use Permit. The material will be generated as a part of the Round Lake Boulevard Reconstruction Project. Mr. Bednarz explained a permit is required to allow the City to review the type of material, the route and method of transportation, measures to prevent displacement from wind, hours of operation, length of permit, site restoration, etc. Mr. Bednarz discussed the staff report with the Commission. Acting Chairperson Kirchoff asked if this would be an annual permit or would it be a three year permit. Mr. Bednarz stated this would be inspected annually and could be brought back to be revoked if not in conformance. The Commission could also make the permit an annual renewal permit. Commissioner Gamache asked how large would be a 15,000 cubic foot pile. Mr. Bednarz stated a typical truck can haul ten yards of material. Mr. Rocky Lindberg, Forest Lake Contracting, stated the pile will be rounded off in the back and will not be seen from the road. Commissioner Gamache asked if they would be coming in from 161 SI. Mr. Lindberg showed on the map the road they will use to access the site. Commissioner Vatne asked if this would mainly be used for the Round Lake Boulevard reconstruction. Mr. Lindberg stated it would be along with different construction sites in the area. It is to benefit the people in the area also. Acting Chairperson Kirchoff asked if this would be gravel and soil. Mr. Lindberg stated this would be top soil only without any debris. - - - Regular Andover Planning and Zoning Commission Meeting Minutes - November 25, 2003 Page 2 Commissioner Jasper asked what was on the property directly to the south. Mr. Bednarz stated this was all farmland. Mr. Bednarz noted a question brought up by the Fire Chief that there was a natural gas line running across the property and he wondered if Mr. Lindberg gave any consideration to the crossing location. Mr. Lindberg stated they knew about the pipe and they will have this inspected and work with the gas company regarding this. Chief Winkel stated his concern was if they will be driving all winter across the line and pound the frost line down on the pipeline, so they may need to work with the gas company closely so they will not disturb the gas line. Mr. Lindberg stated they will be in contact with the gas company before they do any crossing over the pipeline. Commissioner Gamache asked how doing something like this affects the Ordinance regarding compost sites. Mr. Bednarz stated this would not be the same situation because they are talking about top soil, not a compo sting area. Motion by Gamache, seconded by Casey, to open the public hearing at 7:51 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. There was no public input. Motion by Vatne, seconded by Gamache, to close the public hearing at 7:52 p.m. Motion carried on a 6-ayes, O-nays, l-absent vote. Commissioner Vatne asked for verification of the resolution, under the first whereas, it notes a two year period there, whereas it notes three years down below. Mr. Bednarz stated the requested permit is for 3 years. Acting Chairperson asked if everyone would be fine with a three year permit as stated and an annual review. The Commission agreed. Motion by Gamache, seconded by Vatne, to recommend to the City Council approval of Resolution No. -' approving the proposed Conditional Use Permit for a three year period and subject to the conditions of the attached resolution and that they get something in writing from the gas company as to what the gas line will handle and approyal from the gas company. Motion carried on a 6-ayes, O-nays, l-absent vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. C I T Y o F (j9 NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US TO: Council Members CC: John Erar, City Administrat~ FROM: Will Neumeister, Community Development Directoroltr Todd Haas, Assistant City Enginee~ SUBJECT: Select Date to Interview Planning and Park Commission Candidates DATE: December 2, 2003 INTRODUCTION During the month of November yarious forms of advertisement were used to get the word out regarding the acceptance of applications for both the Planning and Parks Commissions. Six people have submitted their applications for the Planning Commission. Two members whose terms just expired (e.g. Jonathan Jasper, Rex Greenwald) were among those who have shown interest in being on the Planning Commission. Three people have shown interest in being on the Parks Commission, one is currently on the Commission (Dave Blacksted), and there are three vacancies to fill on the Parks Commission. DISCUSSION The Council needs to set a date for interviews of the people showing interest in being on the Planning and Parks Commission. The interviews need only be about IS minutes in length, two Planning Commission candidates and one Parks Commission candidate are already known by the Council and may not need to be interviewed. The time needed would be approximately 2 hours to conduct the interviews of both the Planning and Park Commission candidates. ACTION REOUESTED Council is requested to select a time and date to conduct Planning and Parks Commission interviews. R=ly submitted, ~L~ ~~~- Will Neumeister Attachments Letters of Interest! Applications from Planning and Parks Commission Candidates -~ CITY OF ANDOVER COMMISSION OPENINGS The City of Andover is seeking three individuals to serve 3-year terms on the Park & Recreation Commission. The Commission serves in an advisory capacity to the City Council. The Commission members are compensated and meetings are held the first and third Thursday of each month in the evenings. Please contact Todd Haas, Parks Coordinator at (763) 767-5131 to apply. The City of Andover is also seeking two individuals to serve 3-year terms on the Planning Commission. The Commission serves in an advisory capacity to the City Council and reviews matters concerning City planning and development issues. The Planning Commission members are compensated and meetings are held the second and fourth Tuesday of each month in the evenings. For more information, please contact Courtney Bednarz, City Planner at (763) 767- 5147. Advisory Commission applications may be obtained at City Hall or on the City website at www.cLandover.mn.us Deadline is 4:30 p.m., Friday, November 28, 2003. Applicants will be interviewed by the City Council in December. FROM : FAX NO. :7637120669 Nov. 28 2003 11:23AM P1 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Advisory Commission Application Name: RA-(V,lJ II LL T FuLLER. . Address: 1C,/'13 VINTR6.E ST.' N.W. Home Phone: 7(,,3 -:2 'fj ~;;2.0 'f ~ Work Phone: 763-'1~~-3770 Commission Preference: Planning & Zoning 'X Park & Recreation Economic Development LRRWMO Equestrian Council Please state your reasons for requesting to be on the advisory oonunission checked above: e.i.J-; :z..en ;"p...f ~"cl overs,'o/' I- a~ 1-/"r"/rle;rd"vSIl,- t/l.1po,.,.f-;,:.,,-r in JfJVu/")/Y'Il"/'lt- &; f- Any /: ve I, hot- e.;/,,.,,.>&:lli ;" + ~<L- ,.", un ,y. ""'" I /... uP I r &j'e.'d 1-1. ",-.J- ..II 1J:..j.- :2/.,,,,<" "'~'" ~J)~ rPr.r SJ.r.v/l{ "'.....f-..r;n&lf.{2 ,'" $'(>/.t:'-9Ol/erl1/J1I""f- , , Describe your education/experience, which qualifies you to serve on this commission: :r ~ tL .N:.A../or , d.~ re€.. ,h P,I:-1-J-c....! ~c"tZJ'lC~ ~. S. -eecJ.. ::t; ~. ; I~ d~Jrf!~ ",~..A ~vll. J,,",n Irv;,~ ~....J ~.;:5J. ;-" ~:;:.v- ?J~~~ ~:'" 1'1:;:"~ r. 1;; . ,I.~v~d /: A-,j:.{." r" It, { /:::t "r-r In .I""N> vr;1--1 D"b fi . at .. .. ., hich b rei thi Plf'M;)-.J'. escn e your pro eSSlon , CIVIC or commurnty act1VIOes, w may e evant to s commission: .:r ,stivl.. ke.,.., !/rJAc"/-'-C,,,t; /..;w S':/J('<I 1'1?7. fv17 4 /'/')1 ~ ;:',:;~E: :'i:r~f~;:P~:i~ ti ;I:.k ~::vZ1:~ Ihw IJ~& ~ NOU 28 2003 In:~n 7h~71?Vlhhg PAriF= . VII ~NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Advisory Commission Application Name: eo.. fI c\ ~ C"-'u...TY\Ic..j Address: I L/ ~ S- fS ~ { tAe.. \> i r c:l S t- ...<./ W 4l1.d.o II e. ( Home Phone: 7!1 "$-43L/-t.!'-/;).i Work Phone: 7~ J-'-I"}'f-~~ ~~ Commission Preference: Planning & Zoning X Park & Recreation Economic Development LRRWMO Equestrian Council Please state your reasons for requesting to be on the advisory commission checked above: _t' t-tL:A...\ ~e.. I: lJt..d " f\ --1r'1.~ IJe. r S i Jlta. /1'''.3" eo..n.d. :r wc.v1 t -to J~7- it1.\/I:>/tJc.d. ;)1\ ~ t:"'1'WM""Y1.,'-Ij'" Describe your education/experience, which qualifies you to serve on this commission: H'''jlA. ~Lh"(){J d. yt:j ~I/~.... / ~rl:>J::.c.r For '5A..HAlMe"1.$ 5~c.c.t('I'ft"~5 .r l.1.':""d e. Sef'",'e5 (... /-r(g 3- Describe your professional, civic or community activities, which may be relevant to this commISSIOn: :{ ~"i t"~!:;"1;;,t-e:... ~= ~;~~~lrk ~,:"~. '~';.. f~X-4cd/ r/4.~~ 7-1:> /,'",e. I{ / 36 / '0 ') I Dated I /" C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US Advisory Commission Application Name: -:D..e (/0 YI WcL(~ Address: ) 76 77 tlM-L S/ #M .~ clr71/1!1 Home Phone: 16 -3 - Y -3 'I-- nZ3 Work Phone: 1(y3- 75Y-Y7Yj- Commission Preference: Planning & Zoning (C K Park & Recreation Economic Development LRRWMO Equestrian Council Describe your education/experience, which qualifies you to serve on this commission: - /1/r:J7/~ / Dated 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Advisory Commission Application Name: Kenneth George Seifert Address: 2987 153rd Avenue NW Home Phone: 763-323-8193 Work Phone: 952-852-5182 Commission Preference: Planning & Zoning xxx Park & Recreation Economic Development LRRWMO Equestrian Council Please state your reasons for requesting to be on the advisory commission checked above: I have been in the Real Estate industry for 15 years in various capacities and I would like to have the opportunity to give back to the community and be involved in the growth of the city. It is a very exciting time for our town with plenty of challenges and rewards as the demographic continues to grow. I believe my personal views and strengths would lend well to the Planning Commission and give a regional and national perspective as well. Describe your education/experience, which qualifies you to serve on this commission: I have been involved in commercial real estate for 15 years, I have an MBA and a CPA certificate. I have been present on many presentations to various municipalities both locally and nationally. I find the process to be interesting and challenging and would like to participate in the process. In addition to the aforementioned, I believe I am also a good listener and have the ability to decipher information and data quickly which aids in the decision process. Describe your professional, civic or community activities, which may be relevant to this commISSIOn: The company I have worked for the past 15 years is a national service provider which involves staying current on national trends in all aspects of real estate. I am a member of the Minnesota Shopping Center Association, the ICSC (intemational shopping center association), I have coached soccer for many years within the North Metro organization and I have lived in Andover for the past 10 years, and Coon Rapids for 5 years before that. I enjoy the area and would like the opportunity to help in the future development of Andover. II/VfI'Jco? , Dated Kenneth G. Seifert, MBA, CPA Wk 952-852-5182, Cell 612-801-2505 E-mail kseifert(iil,mmrs.com Career Objective: To obtain a position which will enable me to use the talents and knowledge that I have obtained in my years of experience to enhance the fmancial status of a company, from an administrative and operational perspective, with a commensurate reward/ownership structure. Career History: Madison Marquette Realty Services, LP January, 1989 to Present Vice President, Financial Planning and Operations - 4 years Director, Asset Management - 2.5 years Asset Manager - I year Accounting Manager - 3 years Assistant General Mall Manager - 2 years Mall Financial Analyst - 1.5 years Duties and Responsibilities: ~ Corporate accounting and cash management for $12,000,000 revenue national property management fIrm with 4 regional offIces. ~ Annual budgeting, corporate expenses and revenues. ~ Policies and procedures, corporate billings, expense approvals and limits, travel and entertainment, rent analysis, etc. ~ Company acquisition underwriting - completed 2 acquisitions. ~ Hiring and managing corporate staff of 5 accounting professionals. ~ Hiring and managing operational staff of 40 accounting professionals. ~ Operational accounting and cash management. ~ Annual budget oversight for portfolio of 26,000,000 square feet. ~ Payroll oversight for 400 employees. ~ Monthly regional offIce site visits. ~ Perform due diligence procedures on potential property acquisitions. ~ Model property 5-year cash flows and perform return analysis on the income streams. ~ Manage acquisition process from selection to closing for select clients. ~ Manage property dispositions with third party brokers. ~ Perform numerous analyses on fees, staffmg, offIce relocations, etc. ~ Assist in securing fInancing for properties. ~ Handle corporate and operational insurance and risk management function. ~ Responsible for abstracting and reporting. ~ Oversee IT function, currently undergoing complete overhaul and upgrading after 8 years on old system Past Duties: ~ Responsible for a portfolio of 2,500,000 square feet of retail space, from high-end fashion to outlet malls. ~ Full fmancial and operational reporting for offIce, industrial, warehouse, strip centers, regional malls, power centers, and community centers. Education: Master of Business Administration, University of St. Thomas - May 1994 Certified Public Accountant Certificate awarded - May 1987 Bachelor of Science, Accounting Southwest State University, May 1984 -- - October 28, 2003 Attn: City Council CITY of ANDOVER 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Re: Planning Commission Thank you for the opportunity to serve on the planning commission the last couple of years. I have learned a great deal about zoning issues, citizen desires from the public hearings, and City government issues. My term is up at the end of this year. With my new experience and education, I feel eyen more qualified to serve on the commission. This letter is indication of my desire to continue to serve the City of Andover on the planning commission. J~N. cvt1d]~ Wci[ke.y Jet.qJer 1 Lf.19 7 <9 vch(,d, Stl'"eet' NW Andover, lvl~Cl/ 5530Lf. November 12, 2003 Courtney Bednarz City Planner City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55304 RE: Andover Planning & Zoning Commission Dear Mr. Bednarz: Please accept this letter as my application for re-appointment to the Planning & Zoning Commission for a full term. I understand from our conversation that an informal letter will suffice. If there is other information you desire or a formal application you would like submitted by me, please let me know. I have appreciated the opportunity to be on the Planning & Zoning Commission for the last year and would like to continue on in that capacity. Ve / truly yours, RECEIVED ~NDbVE~ DEe '. CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA55304 . (763) 755 -5100 FAX(763)755 -8923 .WWW,CLANDOVER.MN.US AdvisoryCommissionApplication Nam~v"r....~'L~ ~\J-...~""P""""Cj Address: \1.-\'\ L\ C\ (-.,y ,-.( ~'S-P :"'-A- )'\."\L.2.l ~ }fOAl" HcmePhone: II ~ S. - ~ (")7 - <, <=\ s'CI WcrJrJ>hone: 1 ,.,~ \ - <;"9\7 - '2,.<=\(""\9 CommissionPreference: Planning&Zoning Park&Recreation )(; EconomicDevelopment LRRWMO EquestrianCouncil Pleasestateyourreasonsforrequestingtobeorrtheadvisorycommissioncheckcdabov..:: \ I ~'^->t- ~ y.., P 0.v"'\ ('}.C'-+--, W (h,v~ f2.,r \V"'\ '*'^ <L ~a. l'"'>( ,.e./ ~""~V"'\"""'Il/""'\\~i -..,) - Describeyoureducationlexperience, whichqualifiesyoutoserveonthiscommission: \ "\,.--...r"'\. l LV r1l>.... --\-t .1. "\ r..... LAO~ 0"~"'.PC> \ V"'\ '\{V' n. """'C" ~ P ""'^- 0 ...-.4- c Describeyourprofessional,civicorcommunityactivities, whichmayberelevanttothis commISSIOn: \ ~ c',\. V"\ O'-('~, ~ "'-Pol .l? ~< -t- 0 n.. Gt ~ , \............ ~" ~C',i~....- n V-RrA . \\ .7S.r-.~ ~ 4ro. V-V-\. A S\J.-x~ . Dated ~ Signa~~ .. ~NDbVE* 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US Advisory Commission Application Name: 'DtUI~ Blac~<;!a-c1 Address: 1t/3tf9 t/; ~ ~,~e. sr /\JW / Home Phone: 763 '/~7- '19~ 7 Work Phone: /PI Z- :Jt9'1<65/ Commission Preference: Planning & Zoning Park & Recreation {>( Economic Development LRRWMO Equestrian Council . Please state your reasons for requesting to be on the advisory commission checked above: ~~h..i! ~ ~ MUU:& f'<W):Q-R"fi~;'" ~~, .~~. =-~~ ~ 7".. {~e;:;~f1':, ,~7 <<f' ,o-='r -- . Describe your education/experience, which qualifies you to serve on this commission: <!. "F /3 > Describe your professional, civic or community activities, which may be relevant to this commISSIOn: f6'yuer 'l);V4:./.:rv ;4hck~,,-," &se-UI '7~ F~h1~ CIw.f'r 1 '{i' f!.~no41 ~ lJ1em p- ~l- 'P~.," ~d f2ecr:-4d-1tn, PI , SL-I""'.!A:! b'>-r Mk- N;pk elM; 'To.s It. fC-V-c:es , If/U/P3 ~~ . Dated Signature Ernie Beder Farmers ['/o::! ) '/1 '/-14'10 p.I 'lev ~4 03 OS:4Ia ., .. -.. NOli24 2003 08; 15 FR C I TV OF ~DOlJER 763 755 8923 TO 7171476 P.02/02 CITY 01: NDOVE .-.-. 16S5 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755.5100 FAX (163) 155.80:3 . WWW,CI.ANDOVER.MN.US Advisory Commission Application Name: E-e tv cS.. T 7S E'i)o " Address; I ~ 3 30 r?o .sc. s... 4rJDQvr:;-~ p'-\~ SJ~CJ'-r . Home Phone: Ib'3-'-('2". '?R'S-b Work Phone: I G 3.. -; po. L ~]. C;; Commission Preference: Planning & Zoning Park & Recreation )( Economic Development LRRWMO Equestriun Council. Please Slate your reasons for ~equesting to be on the advisory commission checked above; C 0/1 ,.... LI,..,j I r '-r S6'/( v I c. i? - -. Describe your educatiol'Jc!lperiellce. which qualities you to serve on this commission: /JJVo l. \/cc IrJ 'y 0 r[ """ s/O..Cr'-1 ,4-5. C CI.4C H / ~ {5:,cE:<i: E'E" ~ , Pv"z c:... 4 S-r- /"2- ...,~s. /'-'1 C'o..... {3 c: ~ .41' C".,q"!Cr-t= ""Z o <.IV 6'2 ,4-'rI..t... <- E=',. I <: ~ S" ..I0C: 114- -'-,..-v t=<>~ <.. ,q..s .. ~ 't~s (A~,a.e"... } Dcscribe )'Our professional, civic or community activities. which may be relevant to this commission; 2 s-r-~~ rr ($OV~ Co,<Jc 1-1, ICt~(;',<e'E' A-l.Z.o ,,<-f~....... <S Ez or ,q.--.Jo Ovc:,z, /f"rH->-E',T" C. -. Ass;oc., f1- T'> 0""'; /11 , M- /~ '2.'-1/03 !>aled I SignarUTC " ** TOTAL PAGE.02 ** 763 717 1476 PAGE. 01 NOV 24 2003 08;41 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and CounciImembers CC: John Erar, City Administrator1~ d- Will Neumeister, CommunityDevelopment Director FROM: Andy Cross, Associate Planner ~ SUBJECT: November Zoning Ordinance Enforcement Report - Planning DATE: December 2, 2003 REPORT Improper parking and exterior storage were the most common complaints in November. This generally refers to residents parking cars on their front lawns or side yards. The winter parking ordinance in Andover, which force residents to fmd places other than the street to park their cars overnight, is likely a cause of this. Zoning Violations - November 2003 10 8 6 4 2 0 ~ .. 0 "" .""0,, ~ ~ 00 ...0 o v0 q,~ ~o ~ .~ .~ .~ 0' cs-~ '<,<6 & ,,'Ii 'Ii 0<:' it! it! ~ 'Ii ~ r!f ~~ ~ &<6 ~ .;>- # ~ .& 0 ~ 0 # <6 '" () 0 r/;- {!i '" ~ # G ~ ~ <6 ~ .l> (()<<,~!tO o~ '$ <if ~ ,<:, Of the 25 cases handled, IS were resolved, 8 remain unresolved, and 2 were forwarded on to the City Attorney's office for legal prosecution. 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",,,,~ <;!; ~ ~ N N ~ ;!; ~ ;!; ~ ~ ::l ~ ~ ~ <~ 00 N ~ ... !: ::l !: !: ~ ~ ~ ~ ~ <~~ N N '" ~ N ~ - - .,; ~ oJ in os .in in ~ .in u " in in Ci5 ~ -' " vi in i in in - " oJ ~ '" en ,~ ~ri "' c ~ = c c = . ~ ~I'~ "' = c in " "'-' '" -' < -' -' -' -' ~ in -' u .lJ "'-' = -' .. vi ,] ,~ u " ",'" .s ." -g -' '0 .g ,s ." ." :::a .c .c -5 ..c ..c ~ = = j c 0 :::a'E .c E :9 u Ii Ii = 0 ~"il E .:s ;0 ~ .:s 5 c u = ~ i~ ~ 00 .. ~ 1:: 1:: ~ Ii :n '" ~ ~ ~ .:s . ~ .2 g .- Il<' ::l ~ ;!; ;!; ;!; ~ " ~ "'~ ::!: ;!; B .. .. .. ~:J 6- ..: Z '" => => =>>- "'- ..: z Z '" '" => => => =>>- Page 1 ofl Todd Haas -"----"-------_._-_.~--- - ,--,--,._,_._-~- .-.---- ..'._..".'.'_._______u_._..._...___________...._._.,___ _________ ...._.... ...__,~.__ __._.'__m_'~_____. .......________ _'_'__'_.'_.".'_,,__,,"_._____ _.___.__________ From: David and Lila Overbaugh [d-I.o@usfamily.net] Sent: Monday, December 01, 2003 7:57 PM To: Todd Haas Subject: Fw: ----OrigmaIMessage---- From: David and Lila Overbaugh Date: Monday, December 01, 2003 06:46:54 PM To: thaas@cLandover.mn.us MY NAME IS LILA OVERBAUGH, AND I HAVE LIVED ON MY LAND FOR 44 1/2 YEARS. WHEN WE, AND OUR NEIGHBORS MOVED HERE, WE MADE OUR LAND INTO "YARDS". WITH THE IMPROVEMENTS, WE HAVE TURNED THIS LAND INTO OUR OWN "LITTLE BIT OF HEAVEN". OUR KIDS, GRANDKIDS AND MANY FRIENDS ENJOY THIS PLACE. WE CYCLE RIDE, USE OUR DUNEBUGGIES, SNOWMOBILE, PICNIC,GOlF,PLAY FOOTBALL, HAVE A HORSE SHOE PIT-ALONG WITH ALL THE FREE RUNNING THAT LITTLE ONES ARE SAFE TO DO. WHEN YOU PEOPLE TOOK OFFICE, YOU WERE TO WORK WITH THE PEOPlE- WE'ARE THOSE PEOPLE. THERE IS NO WAY THAT ANY AMOUNT OF MONEY SHOULD BE PUT BEFORE DOING THE RIGHT THING. THIS IS OUR LAND-AS STATED ON OUR PROPERTY DEED. WE ARE IN AMERICA-DO WE NOT OWN THIS LAND THAT IS IN OUR lEGAL NAME? WOULD IT MAKE YOU PROUD TO BE KNOWN AS A GROUP THAT WOULD SAY"TOUGH lUCK PEOPlE--THIS IS WHAT IT WILL BE"? IF SO, YOU SHOULD BE ASHAMED!! THlS PROPERTY BELONGS TO ME AND MY NEIGHBORS--AS IT HAS SINCE IT WAS FIRST DEVELOPED BY US. STAND UP FOR US, AND DO THE RIGHT THING-BECAUSE IT IS OUR PROPERTY, AND WE SHOULD HAVETHE RIGHT TO KEEP IT JUST AS IT IS. LILA OVERBAUGH-PROPERTY OWNER OF 1826 ANDOVER BLVD. N.W. it IncrediMai/- Email has finally evolved - Click Here - USFamil}!.Net - Unlimited Internet - From $8.99/mo! - 12/2/2003 /(}:j-tJ3 Ce. /1~ . Association of Metropolitan Municipalities Presentation to Andover City Council Tuesday, December 2,2003 What's Coming Up in 2004? 2004 Legislative Session The 2004 legislative session starts February 2. As it is the even year of the biennium, this is supposed to be a short session, with the main focus being passage of a capital bonding bill. The Minnesota Department of Finance is scheduled to release a major economic forecast tomorrow (Dec. 3). This will project state revenues and expenditures through the end of the biennium and determine whether another round of budget balancing will be necessary during the 2004 session. The AMM will focus on four major issues during the 2004 session, including: 1. Levy limits - work to prevent extension to 2005; 2. Market Value Homestead Credit - work to ensure restoration, as scheduled; 3. Transportation Funding -- AMM supports a gas tax increase and/or a regional sales tax for roads and transit. Transportation funding is a major issue for the metro counties, as well, therefore, we anticipate working in conjunction with them this issue. 4. Regional Governance Issues -- The Metropolitan Council isn't planning any major legislative initiatives for 2004, however, recent years have seen a lot of activity, especially in the House, regarding the power and authority of the Council. Metropolitan Council The AMM is the only organization representing cities before the Metropolitan Council. We spend a significant amount of time each week attending meetings of the full Council and its working committees, as well as talking to and meeting with Councilmembers and Council staff. -- 2030 Framework This past summer and fall our attention has been focused on the development of the new 2030 Regional Development Framework. AMM held three briefing sessions at locations around the region for elected officials and staff from member cities to learn more about the contents of the document and discuss possible concerns. AMM will present testimony on the draft Framework at the December 3 public hearing, and continue monitoring the document for any changes up until its scheduled adoption on January 14, 2004. __ Policy Plans for Regional Systems Following adoption of the Framework, work will begin on the policy plan for each of the four regional systems - parks and open space, wastewater treatment, aviation and transportation. The wastewater treatment plan and the combined transportation/aviation plan are both expected to be complete by the fall of next year, while the parks and open space plan isn't scheduled for completion until 2005. We expect the policy plans to contain many of the details and implementation strategies that are lacking in the Framework. The policy plans are key documents for cities to be involved in because your comprehensive plan will have to be in alignment with them. If your comprehensiye plan is found to have a significant departure from one of these plans, the Council can require that you change your plan. -- 2005 and Beyond Development of individual System Statements for each city and township and preparation of the Local Planning Handbook will follow adoption of the policy plans and be distributed for your use in developing your 2008 comprehensive plan. Affordable Housing is another big issue we monitor both at the legislature and the Metropolitan Council. A new study, funded by the Minnesota Housing Finance Agency, the Family Housing Fund and the Greater MN Housing Fund, was published last week and projects that the metro area will have a shortage of 36, I 00 units of affordable housing in the year 2010. It remains to be seen how the Metropolitan Council will use this information in relationship to the Livable Communities Program or to implement the Land Planning Act requirement that cities plan for their share of the regional need for affordable housing. AMM also monitors and participates in a variety of special initiatives, study groups and task forces sponsored by the Met Council. The latest example of this is a task force studying inflow and infiltration into the regional sewer system and potential means of addressing the problem. Special AMM Initiatives . Fiscal Disparities Study . Building Permit Fees Task Force Contact Information: Gene Ranieri, Executive Director gene{a}ammI45.org or (651) 215 - 4001 Kris Wilson, Government Relations Specialist kristine{a}ammI45.org or (651) 215 - 4003 , History of the AMM The AMM as we know it today had its official beginning in the fall of 1966 as the Metropolitan Section of the League of Minnesota Municipalities (LMM), the previous name of to day's League of Minnesota Cities. During the early to mid 1960's, it had become apparent to officials ofthe time that the seven county metro area would grow at an accellerated rate and have issues of significance that were purely metropolitan in nature. At the time, there was a Metropolitan Planning Commission, several sanitary sewer districts and a need for coordinated mass transit planning. Much ofthe mid-sixties discussion concerned the need for some form of metropolitan governance. The LMM staff was becoming more involved in legislative activities dealing specifically with metro issues and outstate members of the LMM were concerned that their dues were disproportionately supporting lobbying on metro-specific issues. Therefore, the LMM metro affairs committee developed a report suggesting the creation of a metro-wide municipal organization in addition to the existing Hennepin and Ramsey County leagues. At the 1966 Annual Convention in Rochester, the LMM constitution was amended to allow for creation of the Metropolitan Section as a separate organization ofLMM cities. Article VIII of the LMM constitution stated that the new metropolitan organization would have its own bylaws, dues, Board of Directors, and legislative policies, and that the metro organization's president would serve as an ex officio member of the statewide organization's Board. An informational meeting of metro-area cities was held August 3, 1966 and the organization was officially created on September 29, 1966, under the direction of executive secretary Dean Lund. Policy committees were quickly established, and the new organization began lobbying on the creation of the Metropolitan Council. During the 1967 legislative session, the Metropolitan Council was established to coordinate the planning and development of the Metropolitan area. It was empowered to prepare a comprehensive development guide for orderly and economic development including such matters as land use, parks and open space, airports, highways, transit facilities and other public buildings, and to review and comment on local plans. The metropolitan city organization was then heavily involved in shaping and limiting the authority of the council through and beyond the passage of the 1976 Land Planning Act. In June of 1969, the Metro Section changed its name to the Metropolitan League of Municipalities (MLM). According to Conway Olson, a Board member from Cottage Grove at that time, the purpose of the name change was to eliminate confusion as to the source and support of policy. The new name clearly indicated that the policy supported by the Metro Section of the state league was not in fact also policy of the state league. Paul Dow was Executive Director at the time, having been hired to replace Dean Lund. In November of 1972, Gene Franchett replaced Paul Dow and remained Executive Director through 1974 when Vern Peterson was promoted from Director of Legislative Affairs to Executive Director commencing January 1975. (over, please) '\ AMM Formation Between 1972 and early 1974, the Hennepin County League of Cities, which was made up of suburban Hennepin County cities but not Minneapolis, attempted to expand itself into the Suburban League in direct competition to the MLM. However, the new Suburban League drew only one or two cities from outside of Hennepin County and in early 1974 petitioned to rnerge with the MLM. On June 6, 1974, the two organizations merged to become the Association of Metropolitan Municipalities and AMM was born. Vem Peterson served as AMM Executive Director from January 1975 through October 1997. Gene Ranieri was hired as Executive Director commencing December of 1997. Current Relationship with the League of Minnesota Cities Today, the AMM is still the only metro-wide organization representing cities at the Legislature and the Metropolitan Council. In addition to being physically located within the League of Minnesota Cities (LMC) building and working closely with the League's Intergovernmental Relations (IGR) staff, the AMM maintains its unique status as an affiliate organization of the LMC. The AMM has never legally established itself as a separate organization, so for the purposes of things like payroll taxes, the AMM is still part of the League. In addition to paying rent for our offices in the LMC building, AMM also contracts with the League to provide our accounting and financial services, payroll and employee benefits. Finally, all AMM members must be members of the LMC and our annual dues are calculated as a percentage of LMC dues. Amendments to our bylaws are sent to the LMC Board for review and a two-thirds super majority vote is required for AMM to adopt a legislative policy position that conflicts with one of the League's policy positions; however, to date, this situation has never arIsen. (over, please) . 2003 AMM MEMBERSHIP 1. Afton 26. Forest Lake 51. Orono 2. Andover 27. Fridley 52. Osseo 3. Anoka 28. Golden Valley 53. Plymouth 4. Apple Valley 29. Hastings 54. Prior Lake 5. Arden Hills 30. Hopkins 55. Ramsey 6. Bayport 31. Hugo 56. Richfield 7. Blaine 32. Independence 57. Robbinsdale 8. Bloomington 33. Inver Grove Heights 58. Rosemount 9. Brooklyn Center 34. Lake Elmo 59. St. Anthony 10. Brooklyn Park 35. Lakeville 60. St. Francis 11. Burnsville 36. Long Lake 61. St. Louis Park 12. Champlin 37. Mahtomedi 62. St. Michael* 13. Chanhassen 38. Maple Grove 63. St. Paul 14. Chaska 39. Maplewood 64. St. Paul Park 15. Circle Pines 40. Mendota Heights 65. Savage 16. Columbia Heights 41. Minneapolis 66. Shakopee 17. Coon Rapids 42. Minnetonka 67. Shorewood 18. Cottage Grove 43. Mound 68. South St. Paul 19. Crystal 44. New Brighton 69. Spring Park 20. Eagan 45. New Hope 70. Sunfish Lake 21. Eden Prairie 46. Newport 71. Wayzata 22. Edina 47. North St. Paul 72. West St. Paul 23. Excelsior 48. Northfield* 73. White Bear Lake 24. Falcon Heights 49. Oak Park Heights 74. Woodbury 25. Farmington 50. Oakdale 75. Woodland * = Associate Member .. AMM BOARD OF DIRECTORS 2003 PRESIDENT VICE PRESIDENT PAST PRESIDENT Veid Muiznieks Jim Smith Craig Waldron Cotnlcilmember Cotnlcilmember Administrator St. Paul Park, MN Independence,MN Oakdale, MN DIRECTORS Beverly Aplikowski William Mars Mayor Mayor Arden Hills, MN Shakopee, MN Mark Bernhardson Peter Meintsma City Manager Mayor Bloomington, MN Crystal, MN Mike Gamache Joan Molenaar Mayor COtnlcilmember Andover, MN Champlin, MN Tom Gamec Samantha Orduno Mayor City Manager Ramsey,MN Richfield, MN Tom Goodwin Doug Reeder Cotnlcilmember City Administrator Apple Valley, MN Brooklyn Park, MN Nancy Haas Don Samuels IGRDirector Cotnlcilmember St. Paul, MN Minneapolis, MN Myrna Kragness Meg Tilley Mayor Cotnlcilmember Brooklyn Center, MN Eagan, MN Steve Larson Paul Zerby Mayor Cotnlcilmember New Brighton, MN Minneapolis, MN AMM Services In addition to our core services of lobbying on behalf of our members at the Legislature and the Metropolitan Council, AMM provides the following services: AMM NEWS The AMM NEWS is the organization's primary newsletter, containing information about happenings at the legislature and the Metropolitan Council, upcoming AMM meetings, decisions made by the Board of Directors and progress reports from our Summer policy committees. The one or two page newsletter is emailed to member cities on an as-needed basis. During the legislative session and other busy times of the year, members often receive two AMM NEWS's per week, while during slower times they might receive it once every week or every-other week. Bill Tracking During each legislative session, AMM operates a web-based bill tracking system. Staff enters information about bills of interest into the system, including a bill's number, sponsor, description, status, and relationship to AMM policy. Bill tracking reports are sent to all member city administrators/managers and Board members on a weekly basis. Bill tracking information can also be accessed mid-week via the AMM website. www.amm145.org The AMM website is an increasingly important mode of communication with our members and the public. The website contains a listing of our members, Board and staff; the text of our legislative policy positions; access to our bill tracking system and the latest FAX NEWS; and links to a variety of other sites, including the legislature and the Metropolitan Council. We also post a variety of issue papers, bill summaries and reports on the website. Twin Cities Metropolitan Area Salary Survey AMM works with the League of Minnesota Cities, the Metropolitan Council and other partners to contract with DCA Stanton Group to compile this extensive survey of salary rates for over one hundred public sector jobs. The annual survey is published as a two- volume set, covering salaries (volume I) and benefits (volume II). AMM Members automatically receive one copy and can request up to five additional copies at no charge. After five copies there is a $ISO charge per copy. Metro-area cities that are not members of the AMM receive a copy from the League of Minnesota Cities, and all others pay $ISO per copy. (over, please) , Elected Officials Salary Survey This annual survey of Mayor and Councilmember salaries includes all metropolitan area cities (members and non-members). The data is compiled in-house and published in early June. Member cities receive one copy at no charge and can request additional copies for $15 each. Non-members and all others pay $15 per copy. Municipal License and Permit Fee Survey This survey is conducted every other year. The most recent survey was published in the spring of 2003. It contains the dollar amount of a variety of different city licenses, permits and fees. Member cities receive one copy at no charge and can request additional copies for $20 each. Non-member cities that participate in the survey are charged $30 per copy and all others pay $45 per copy. Metropolitan Area Management Association (MAMA) MAMA provides metro-area city and county managers with an informal setting to discuss a variety of irnportant local government issues. It fosters communication between colleagues along with bringing in outside speakers. MAMA meets on the third Thursday of every month at 12:00 p.m., most often at the Four Points-Sheraton in St. Paul. Laurie Jennings provides administrative support for the organization, and other AMM staff members regularly attend the meetings as a way of keeping in touch with our city managers. (over, please) Or\9,MJ ,^NDOVE~ DATE December 2. 2003 ITEMS GIVEN TO THE CITY COUNCIL ~ Letter from Lawrence Cook - November 6, 2003 ~ Construction Weekly ~ Item #22 _ Consider Lot Splitl16030 Makah St. NW - Planning PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK yOU. G:\DATA\STAFF\RHONOMIAGENOA\CC lIST.doc 0;,~. la-~~03 1441 140lh lane NW Andover, MN 55304 November 6, 2003 Mr. Bruce Andersohn, Sheriff Office of the Sheriff Anoka County 325 E. Main St. Anoka, MN 55303-2489 Dear Sheriff Andersohn: Thank you. The effort to monitor vehicle speed on 140th lane NW for two weeks was a magnanimous gesture on your part. Never have I seen a radar sign (or whatever the proper name is) displayed for such a long period of time in one location. Here's hoping that it has helped. My work is such that I have not been home until very late this last week and so I cannot make any comparisons to what the speeds were previously, but it must have had an impact. Again, thank you for the commitment of your office to maintain safety in our neighborhood. Sincerely, l~~ \'e, ~1u lawrence E. Cook ~~~ laj3.J~ Construction Week!) Week beginning November 24, 2003 2003 Construction Proiects CS.flJf 9 (Round Lake Blvd.) - From CSAH 116 (Bunker Lake Blvd.) to 152nd Lane Road will remain open this fall, but there may be occasional shoulder closures and traffic shifts. CSAH 9 is to be completely closed, with the exception of residents and businesses within project limits, in early spring of 2004. Road closure will be from 140'h to 153rd. Topsoil stripping and minor grading work will continue, weather permitting, Utilities are in the process of relocating, with sanitary sewer and watermain work to follow. Muck removal has begun, but will be in areas off the existing road. Be aware of construction activities throughout the corridor, as there will be increased trucking due to the muck operations. Contact Mike Gabrick - Anoka Project Representative 651-775-9938 CS.flJf 9 (Round Lake Blvd.) - Signal and channelization at CSAH 20 (161 st Ave.) Round Lake Blvd. is open to all traffic at 1615t Ave. The project is substantially completed, with minor punch list items to be completed, Please be aware and cautious of daytime shoulder closure. Contact: Greg Anderson - Anoka County Project Representative 651-248-7736 CSJlJ{ 1 (Coon Rapids Blvd.) - Channelization and new signal system at Egret Blvd. Construction activities have started. Depending on weather, it will consist of tree removal, utility relocation and beginning the signal system installation, consisting of underground work. Please be cognitive of daytime lane closures and construction activities on the roadway. Contact: Harry Grams - Anoka County Project Representative 763-862-4250 r-- I Rt.CE;~;={: --..1 . __6 j NaV 2 4 2O~-l , CiTY.OF ANDOVER -----_/ 1440 Bunker Lake Boulevard Northwest'Andover, Minnesota 55304'763-862-42000facsimile 763-862-4201'www.co,anoka.mn.us