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Home My WebLink AboutCC June 18, 2002 CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N_W. . ANDOVER, MINNESOTA 55304.. (763) 755-5100 , FAX (763) 755-8923" WWW.C1.ANDOVER.MN.US Regular City Council Meeting - June 18, 2002 Following Special Budget Workshop held at 5:30 p.m. Call to order-7:00 PM Resident Forum Agenda Approval 1. Approval of Minutes (6/4 Exec. Session) (6/4 Regular Council Mtg.) (6/5/02 Spec. Closed Mtg.) Consent Items 2. Approve Payment of Claims - Finance 3. Declare Cost/Order Assessment Roll!00-39/Chesterton Commons North 2nd Addition - Engineering 4. Adopt Assessment RolllWaive Public Hearing/00-37/Townhomes of Woodland Creek - Engineering 5. Accept Neighborhood Trail Petition/02-30/Andover Blvd. Trail Between Hanson Blvd. & Drake St.- Engineering 6. Adopt Data Practices Policy & Procedures - Clerk 7. Consider Approval/Rezoning from Rural Residential (R-I) to Urban Residential (R-4)/15l6 148th Lane NW/Ry-Chel Gaustad - Planning 8. Consider Approval! Lot Split/ 1516 - 148th Lane NW/Ry-Chel Gaustad - Planning 9. Approve Release/Cash Escrow/Old Colony Estates and Oak Bluff 2nd Addition - Finance 10, Approve Reallocation of 2002 CIP Funding - Engineering 11, Adopt City Emergency Plan - Fire 12. Ratification of Process to Reallocate CDBG Funds - Finance 13. Consider Approval of Proposal for Park Dedication Study/NAC - Engineering Discussion Items 14. Receive Anoka County Sheriff Department Monthly Report - Sheriff 15. Public Hearing/Consider Vacation of Drainage and Utility Easement/2150 - 135th Lane NW/Marte and Michelle Byrne - Engineering/Planning 16. Consider Comprehensive Plan Amendment and add Limited Commercial (LC) to the Land Use Designations - Planning 17. Consider Amendments to Ordinance 8, Section 7/Uses in Neighborhood Business District - Planning 18. Consider Approval of Silver Meadows Preliminary Plat/16326 Verdin Street NW/Chenan Construction - Planning 19. Consider Rezoning Property from Neighborhood Business (NB) to Limited Business (LB)/east of Hanson Boulevard, north of 138th Lane - Planning 20. Consider Rezoning Property from Neighborhood Business (NB) to Single Family Urban Residential (R- 4)/at SE comer of Crosstown Boulevard and Crosstown Drive - Planning 21. Consider Amendment to Ordinance 8, Section 4.05 Accessory Building & Structures - Planning 22. Consider Amendment to Ordinance 8, Section 8 - Lawn Establishment/Urban Residential Lots - Planning 23. Schedule Special City Council Meeting/Sunshine Park Public Service Complaint - Administration Staff Items 24. Schedule Workshop for "Development Contract" Review - Community Development 25. Schedule Council Workshop - Capital Campaign Planning Study Committee Report - Administration Mayor/Council a. County Economic Development ActivitiesN erbal- Administration Adjournment (!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 Administratofv FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: June 18,2002 INTRODUCTION The following minutes have been provided by TimeSaver Secretarial Service: June 4, 2002 Regular Meeting The following minutes have been provided by the City Clerk: June 4, 2002 Executive Session (Woodland Litigation) June 5, 2002 Special Closed Meeting (Sunshine Park) DISCUSSION Copies of the minutes have been e-mailed to Council with hard copies provided to Councilmembers Knight and Trude. If you did not receive the minutes, please contact the City Clerk. ACTION REOUlRED The City Council is requested to approve the above minutes. Respectfully submitted, ~ tJdU Vicki Volk City Clerk ,- U18'\l\a] , " 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 FROM: Shirley Clinton, Treasurer SUBJECT: Payment of Claims DATE: June 18,2002 INTRODUCTION I Attached are disbursement edit lists totaling $337,962.50 for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $116,978.66 on disbursement edit list #1 dated 06/11/02 have been issued and released. Claims totaling $220,983.84 on disbursement edit list #2 dated 06/18/02 will be issued and released upon approval. BUDGET IMP ACT The edit lists consist of routine payments with expenses being charged to various department I budgets and projects. , , Mayor and Council Members J June 18, 2002 Page 2 of2 ACTION REQUIRED The Andover City Council is requested to approve total Claims in the amount of $337,962.50 and sign below: Mayor Mike Gamache Councilmembers Don Jacobson Mike Knight Ken Orttel / Julie Trude Respectfully submitted, 4A:A ~./ ~ . .~'\...t.~ \J.:t'\,f-jl:/~ Shirley Clinton Attachments , J , / / 0:'" ... oil ... ... .j< ... "'" . . :>" . . 000 . . 00: . . g . . . . 0 . . ",U . . 0 . . 0 . . ,...,. . . ,.. . ---- . H'" . . UO .~. :> . . , . . UlO: . . HO 00 . . "'.... ~.,. . . U O~ . . ..:l..:l . . Ul . 00 .,. ... ... ... ... ... ,.. .'" . . z C~ ... '" ... ... ... .j< '" -00 . . >: ., ... ... ... .,. ... ... '" . . ill H . . 0: ... N N N N'" " Oo~ . . CQ ., . . Ul fl 0000'" H . . . . 0 .... . . U .... ... ................................... N .Ul -- . . 0 0. 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" '" "'" "', ...:lE-<I-l:E:U)I-l[!..tz.. 5 "' ~ " ~, .:t:.........:>o ~ " ~ "', P:;...:l...:l U Cl . cG a:: 0 " '" " UN '" U, [IJ H 0 , .-I::E W III c:r: '" Ol '" ~~ 6 "', ffic:i&;~~~~~~ "' " :'i 2: "' Ol' "' U '" "' 2:N Ol ", ~E-<P:;HNo.3:{J)t.l " Ol Z " " ~'- '" '" "' ".. "' " " ", " '" "', Ol " "''- 5 5: ....CO.-ll'""-N..-I.-lNM ... ~ ~: :> ... U<D ONOq<\Ooooo 0 "' 0 "0 " ", .-IN'<l'''''''''''Lf'I\O\oCO ... " ", " ... CD '\ CITY OF ANDOVER ) 1685 CROSSTOWN BOULEVARD N.W. .. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER_MN.US TO: Mayor and Council Members CC: John Erar, City Administrato~ FROM: Scott Erickson, City Engineer SUBJECT: Declare Cost/Order Assessment Roll/OO-39/Chesterton Commons North 2nd Addition - Engineering DATE: June 18,2002 INTRODUCTION The City Council is requested to declare the costs and order the preparation of the assessment roll for Chesterton Commons North 2nd Addition, Project 00-39. DISCUSSION The Chesterton Commons North 2nd Addition development project has been completed and the project costs are being assessed to the developer in concurrence with the 429 assessment process. I The initial estimate of the assessable cost was $18,024.72 per lot. The final assessable cost per lot is $14,943.43. After declaring the costs the assessment role will be prepared and presented to the City Council for approval. ACTION REOUIRED The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of sanitary sewer, watermain, storm sewer and streets for Chesterton Commons North 2nd Addition, Project 00-39. Respectfully submitted, c>>/~~ Scott Erickson cc: Jerry Windschitl, Ashford Development Corp., 3640 - 152nd Lane NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. \ J MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 00-39, CHESTERTON COMMONS NORTH 2ND ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $351.499.95 plus $8,328.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $106,987.11 and work previously done amount to $124,556.64 plus $15,600.00 (Lift Station) so that the total cost of the improvement will be $606.971.70 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $24,178.08 the amount to be assessed against benefited property owners is declared to be $582.793.62 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of.1.Q years. The first of the installments to / be payable on or before the 15th day of April 2003, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 18th day of June , 2002 , 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 / Victoria Volk - City Clerk ANDOVER SPECIAL ASSESSMENTS J Chesterton Commons Project Name: North Second Addition Project No: 00-39 Feasibility Study: March 1, 2001 Feas, Study Const. Amount: $436,093.00 Engineers Estimate: May 1, 2001 Eng's, Est. Const. Amount: $385,651.50 Contract Award: May 16, 2001 Construction Amount: $357,058.99 Final Construction Amount: $351,499.95 FINAL CONTRACT COST: Engineering: $50,967.49 Aerial Mapping (1 % of Street) $1,096.20 Drainage Plan (0,3% of StreeUStorm) $590.15 Administration (3%) $10,545.00 Assessing (1%) invoice $3,515.00 Bonding (0,5%) $1,757.50 Legal & Easement $0.00 Advertising $542.28 City Expenses (Incl. Inspection) $16,938.45 Testing:Braun Intertec $3,836.25 Signs $2.148.14 Other SUBTOTAL $91.936.46 Construction Interest $15,050.65 TOTAL EXPENSES: (% of Final Contract Cost = 30.4373053%) $106,987.11 SEAL COATING: 8328 SY @ $1.00 ISY $8,328.00 TOTAL PROJECT COST: $466,815.06 Trunk Source and Storaqe: Watermain: Connection Charge 39 units @ $1840,00 unit $71,760.00 Area Charge 14.04 acres @ $1686,001 acre $23,671.44 Sanitary Sewer: Connection Charge 39 units @ $322,00 unit $12,558.00 Area Charge 14.04 acres @ $1180,001 acre $16,567,20 TOTAL TRUNK SOURCE AND STORAGE: $124,556.64 City Share: $18,536.17 *1.304373053 $24,178.08 (See tables A,B, and C) Subtotal $100,378.56 TOTAL TO BE ASSESSED ON A UNIT BASIS: $567,193.62 Current Assessment per lot: ($567,193,62/39 units) $14,543.43 Plus $400.00 per lot for: Lift Station Connection Charge (refer to city project No, 98-34) $400.00 TOTAL $14,943.43 Feasibility Study Amount: Date: March 1,2001 Amount = $18,024.72 J G , CITY OF ANDOVER J 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administratorf!t/ FROM: Scott Erickson, City Engineer. SUBJECT: Adopt Assessment Roll/Waive Public Hearing 00-37ffownhomes of Woodland Creek - Engineering DATE: June 18, 2002 INTRODUCTION The City Council is requested to waive the public hearing and adopt the assessment roll for the Townhomes of Woodland Creek, Project 00-37. DISCUSSION The developer, Woodland Development Corporation has submitted the attached letter concurring with the construction costs but disagreeing with the administration & City fees. J The City Council at the March 6, 2002 meeting approved a resolution declaring the cost and ordering assessment roll for the Townhomes of Woodland Creek development improvements. The adoption of the assessment roll for this project will levy the improvement costs to the properties within the development. ACTION REQUIRED The City Council is requested to approve the resolution adopting the assessment roll for Project 00-37, Townhomes of Woodland Creek. Respectfully submitted, e~~"-2 cc: Bill Hawkins, City Attorney Kevin Ross, Greene Espel, 333 South 7th St., Suite 1700, Mpls, MN 55402 J Byron Westlund, Woodland Development Corp., 13632 VanBuren Street NE, Ham Lake MN 55304 CITY OF ANDOVER COUNTY OF ANOKA \ STATE OF MINNESOTA J 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 00-37, TOWNHOMES OF WOODLAND CREEK. WHEREAS, the developer 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 10 years. The first of the installments to be payable on or before the 15th day of April 2003, 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 Council member and adopted by the City Council at a reQular meeting this 18th day of June ,2002, 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 \ Victoria Volk - City Clerk J 00-:31 February 13, 2002 RECE!VED I fEBI5tm2 . I Mr. David Berkowitz . . I ' City Engineering Department CITY rr' ,:-~..' I J .p- IJ,">.I~':/H no ~ CITY OF ANDOVER , _~_~~.,:'_:_~:,~~:~_ "".~'~,__... .1 1685 Crosstown Boulevard Andover, MN 55304 RE: ASSESSMENT WORK SHEET FOR TOWNHOMES OF WOODLAND CREEK Dear Dave, I have received your assessment worksheet for the Townhomes of Woodland Creek. I agree to the construction costs for this project. I do not agree with the general administration and city fees that are also associated with these costs. I know in the past the city council has looked at this and gone ahead with their assessment procedures. I would ask that you please note on city council's informational packet that we do protest the amount of the city fees associated with the project. As you mayor may not know, we have amended our lawsuit against the city of Andover to include the Townhomes of Woodland Creek as well as Woodland Oaks. If you have any questions or concerns regarding this matter, please feel free to contact me at 763-427-7500. bma . I 13632 Van Buren St. NE Ham Lake, Minnesota 55304 (763) 427-7500 FAX: (763) 427-0192 www.woodlanddevelopmentcorp.com @ \ CITY OF ANDOVER J 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administrato~ Scott Erickson, City Enginee FROM: Todd Haas, Asst. City Engineer SUBJECT: Accept Neighborhood Trail Petition/02-30/Andover Blvd. Trail Improvements Between Hanson Blvd. & Drake St. - Engineering DATE: June 18, 2002 INTRODUCTION The City Council is requested to accept the attached petition and order the preparation of the feasibility report for Project 02-30, Andover Boulevard Trail Improvements (between Hanson Boulevard NW & Drake Street NW). DISCUSSION The City has received a petition from the adjacent property owners south of Andover Boulevard NW (Foxberry Farms area) requesting construction of a trail (see attached petition) along the south side of Andover Boulevard NW between Hanson Boulevard NW and Drake Street NW (the neighborhood would like the City to consider possibly extending the trail to Bluebird Street NW or to the railroad tracks). The residents are in the area where school children are walking to school. The trail would provide a safer route to the existing trail along Hanson Boulevard NW. The school children currently walk or ride their bikes along the edge of Andover Boulevard NW, which is narrow and currently has no shoulder. BUDGET IMP ACT The funding for the trail construction will be evaluated during the 2003-2007 CIP planning process. ACTION REOUIRED The City Council is requested to approve the resolution accepting petition and ordering preparation of a feasibility report for the improvement for Project 02-30, Andover Boulevard Trail Improvements between Hanson Boulevard NW and Drake Street NW. Respectfully submitted, / ~~~ cc: Jim Lindahl, Park & Recreation Commission Chair , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 02-30 FOR ANDOVER BOULEVARD EXTENSION TRAIL IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the trail improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the feasibility report for the improvement of the Andover Boulevard Extension Trail Improvements, Project 02-30; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enqineer to prepare the feasibility report for such improvement project. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 18th day of June , 2002 , 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 ) -- La-BO Petition for the r)~f" "TO I\Lf.)tl h: City of Andover, Minnesota \ IThiS is a petition to the City of Andover, Minnesota for the creation of a trail along the south s de 0 Andover ) I Boulevard between Hanson Boulevard and Drake Street (possibly extending to Bluebird Stre t:6 . _J~~;~t~~~:{;r~~~;.I.~;~~::i;:~lt~"~~~;;;~ii1~~I~~,;~~~~~~,~~~~~;;:~i~;r~~;;'i~~~~!;::,."":,,",::~~~::~: ' _'_'.:J..." '.. ,...LV" ;.,..,..'c,/..........."...,.."'_. ~ ~_",",C'." "0-""'" ",-0'.' t""'", ',:,. '."-,". -''':.. )'"~.:r '.>C_' ",.",: '.. ,.,c...;, .. 'A","'~, -'_yc.' ~<t-".I...;,."',:..'-.:~~., ~ .. .-i'"w~- .,~ ~~ .,....',); 4_~ .:< ,<>.C~ ?J'":-_,'"",""",,,: :."'_;~ ,-,,,.. " ., ',_",,; <," "... ,,'<!-.~ ...y;.,:.;...-~,: ,',Vi.' .,_.....';.-,. _':'. ._""':.';;;'(.__';>.;, ;:.<. :;'" .:'.c,,,,",C' ;.'.';''- "'~.. ._.:; "',,-j,<'.'_''''~;'''-; Please fill out and sign below to support this petition. 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ANDOYER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW,CI.ANDOYER,MN,US TO: Mayor and City Council CC: John Erar, City Administrato~ FROM: Vicki V olk, City Clerk SUBJECT: Data Practices Procedures DATE: June 18,2002 INTRODUCTION The Data Practices Procedures must be adopted to comply with the requirements of the Minnesota Data Practices Act. / DISCUSSION The City Clerk is the responsible authority for compliance with the Data Practices Act with other city employees designated to assist in compliance. These employees are listed on Page 9, Exhibit 1. All infonnation maintained by the city is public unless there is a specific statutory designation that gives it a different classification. Private data is infonnation that generally cannot be given to the public but can be given to the subject of the data. Confidential data is infonnation that generally cannot be given to either the public or the subject of the data. The procedures spell out who is entitled to access data, the fonn of request, response time, fees, etc. The City Attorney has reviewed the procedures. ACTION REOUIRED The City Council is requested to adopt the Data Practices Procedures as presented. Respectfully submitted, i:L- ()d,; Vicki Volk City Clerk @ CITY OF ANDOVER DATA PRACTICES PROCEDURES Michael R. Gamache, Mayor Victoria V olk, City Clerk Approved as to form: William G. Hawkins, City Attorney / ~ POLICY ADOPTION AND MODIFICATIONS Date Pages Brief description of change Approved Affected Bv: Initial adootion of oolicy City Council , / City of Andover DATA PRACTICES PROCEDURES INDEX Subject Page I. Introduction .................. ................................................... ....... ............ ..... ............... 1 II. Responsible Authority.. ...................................... ................ ...... ............ ...... ............ 1 Ill. Access to Public Data ............................................................................................. 1 A. Persons Entitled to Access ......................................................................... 1 B. Forms of Request............... ........................... ........... .................................. 1 C. Time Limits........................................................ ...... .......... ........ ...... .......... 1 D. Fees................................. ................................... ........................ ...... ..... ..... 2 N. Access-to Data on Individuals ............................................................................... 2 A. Persons Entitled to Access ......................................................................... 2 B. Form of Request... .............. ............... ..................................................,...... 4 C. Identification of Requesting Party............................................................. 4 D. Time Limits.. ...................... ....................... ................................................. 4 E. Fees. ... ................................ ........ .................................... ............................ 4 F. Summary Data................... .......................... ............................................... 4 G. Juvenile Records..................... ........................ ................. .......................... 5 V. Denial of Access.. ....................................... ....................... ........... ......................... 6 VI. Collection of Data on Individuals .......................................................................... 6 VII. Challenge to Data Accuracy................................................................................... 7 VIll. Data Protection........... ..................................... ................................... ....... ............. 7 A. Accuracy and Currency of Data ................................................................. 7 B. Data Safeguards .................................. .... ...................... ............................. 7 EXHIDITS Number List of Designees................................ ............................ ................ ..... ........... ......... ........... 1 Photocopying Charges .............. ..................................... ................ ...... ........... ................... 2 Consent of Release Private Data........................................................................................ 3 Infonnation Disclosure Request.................. ......................... .................. ............................ 4 Access and Nondisclosure Agreement............................................................................... 5 ' Notice to Juveniles..................................................................... ................. ........ ....... ........ 6 T ennessen Warning.................. ................................................. ........ .................. ....... ........ 7 Contract Language, Outside Agents .................................................................................. 8 / ~ DATA PRACTICES PROCEDURES I T. Tntroduction. I These procedures are adopted to comply with the requirements of the Minnesota Data Practices Act (the "Act"), specifically Minn. Stat. ~ 13.03, Subd. 2 and 13.05, Subd. 5 and 8. I II. Responsible Authority. I The person who is the responsible authority for compliance with the Act is the City Clerk. The responsible authority has designated certain other City employees to assist in complying with the Act. These designees are listed on attached Exhibit 1. / 1m. I Access to Public Data. All information maintained by the City is public unless there is a specific statutory designation, which gives it a different classification. A. Persons Entitled to Access. Any person has the right to inspect and copy public data. The person also has the right to have an explanation of the meaning of the data. The person does not need to state his or her name or give the reason for the request. B. Form of Request. The request for public data may be verbal or written. The responsible authority or designee may require a verbal request to be made in writing, whenever a written request will assist the responsible authority or designee in performing his or her duties. C. Time Limits. Request. Requests will be received and processed only during normal business hours. Response. If the request is made by someone other than the data subject and access or copies cannot be made at the time of the request, copies must be supplied as soon as reasonably possible. If the request is made by the data subject, the response should be 1 immediate, if possible, or within lO working days if an immediate response is not ) possible. D. Fees. No Fees Charged. No fee may be charged for merely inspecting data with reasonable accommodation. An inspection of data includes instances where the City prints copies of data, when the only method of providing for inspection is to print a copy. When copies are requested and a fee is charged for copies, no fee may be charged for time spent separating public from not public data. Fees Charged. Fees may be charged only if the requesting person asks for a copy or electronic transmittal of the data. Fees will be charged according to the City's standard copying policy, attached as Exhibit 2. If the time required to search for and retrieve the requested data is significant, the fee will include the actual cost as well as the cost of employee time spent searching for, retrieving, copying, or electronically transmitting the data according to the current City Fee Ordinance. The responsible authority may charge an additional fee if the copies have commercial value and are substantial and discrete portion of a formula, compilation, program, process, or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. The responsible authority may also charge a fee for remote access to data where the data or / the access is enhanced at the request of the person seeking access. IV. Access to Data on Individuals. Information about individual people is classified by law as public, private, or confidential. A. People Entitled to Access. Public information about an individual may be shown or given to anyone. Private information about an individual may be shown or given to: The individual data subject, but for private data only once every six months, unless a dispute has arisen or additional data has been collected. 13.04 A person who has been given access by the express written informed consent of the individual data subject. This consent must be on the form attached as Exhibit 3, or on a reasonably similar form. Whether a data subject has given informed consent shall be determined by rules of the commissioner. Informed consent shall not be deemed to have been given / by an individual subject of the data by the signing of any statement 2 authorizing any person or agency to disclose information about the individual to an insurer or its authorized representative, unless the statement is: (1) in plain language; (2) dated; (3) specific m designating the particular persons or agencies the data subject is authorizing to disclose information about the data subject; (4) specific as to the nature of the information the subject is authorizing to be disclosed; (5) specific as to the persons or agencies to whom the subject is authorizing information to be disclosed; (6) specific as to the purpose or purposes for which the information may be used by any of the parties named in clause (5), both at the time of the disclosure and at any time in the future; (7) specific as to its expiration date which should be within a reasonable period of time, not to exceed one year except in the case of authorizations given in connection with applications for life insurance or noncancelable or guaranteed renewable health insurance and identified as such, two years after the date of the policy. People who are authorized access by the federal, state, or local law or court order. People about whom the individual was advised at the time the data was collected. The identity of those people must be part of the Tennessen warning described below. People within the City staff, the City Council, and outside agents under contract with the City (e.g., insurance adjusters or attorneys) whose work assignments or responsibilities reasonably require access. Confidential information may not be given to the subject of the data, but may be shown or given to: People who are authorized access by federal, state, or local law or court order. 3 People within the City staff, the City Council, and outside agents under contract with the City (e.g., insurance adjusters or attorneys) whose work assignments or responsibilities reasonably require access. B. Form of Request. Any individual may request verbally or in writing as to whether the City has stored data about that individual and whether the data is classified as public, private, or confidential. All requests to see or copy private or confidential information must be in writing. An Information Disclosure Request. attached as Exhibit 4, must be completed to document whom requests and who receives this information. The responsible authority or designee must complete the relevant portions of the form. The responsible authority or designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. c. Identification of Requesting Party. The responsible authority or designee must verify the identity of the requesting party as a person entitled to access. Verification can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. D. Time Limits. Requests. Requests will be received and processed only during normal business hours. Response. If the request is made by someone other than the data subject and access or copies cannot be made at the time of the request, copies must be supplied as soon as reasonably possible. If the request is made by the data subject, the response should be immediate, if possible, or within 10 working days if an immediate response is not possible. E. Fees. Fees may be charged in the same manner as for public information. F. Summary Data. Summary data means statistical records and reports derived from data on individuals but which do not identify an individual by name or any other characteristic that could uniquely identify an individual. Unless temporarily classified pursuant to Minnesota Statutes section 13.06, another statute, or federal law, summary data derived from private or confidential data is public. The responsible authority or designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of preparation. The responsible authority or designee must notify the requesting party about the estimated costs and collect those costs before preparing or supplying the summary data. This should be done within 10 days after receiving the request. If the 4 summary data cannot be prepared within 10 days, the responsible authority must notify the requester of the anticipated time schedule and the reasons for the delay. Summary data may be prepared by "Blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The responsible authority may ask an outside agency or person, including the person requesting the summary data, to prepare the summary data if (1) the specific purpose is given in writing, (2) the agency or person signs a nondisclosure agreement that meets the requirements of Minnesota Rules, Pt. 1205.0700, subp. 5, and (3) the responsible authority determines that access by the outside agency or person will not compromise the privacy of the private or confidential data. The responsible authority may use the form attached as Exhibit 5. G. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. Parental Access. In addition to the people listed above who may have access to private data, a parent may have access to private information about a juvenile data subject. "Parent" means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. I The parent is presumed to have this right unless access has been denied herein, the responsible authority or designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. Notice to Juvenile. Before requesting private data from juveniles, City personnel must notify the juveniles that they may request that the information not be given to their parent(s). This notice should be in the form attached as Exhibit 6. Denial of Parental Access. The responsible authority or designee may deny parental access to private data when the juvenile requests this denial and the responsible authority or designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile to deny parental access must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the responsible authority or designee will consider: Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences of denying parental access, Whether denying parental access may protect the juvenile from physical or emotional harm, Whether there is reasonable grounds to support the juvenile's reasons for denying parental access, and 5 Whether the data concerns medical, dental, or other health services provided under Minnesota Statues ~ 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health ofthe minor. The responsible authority or designee may also deny parental access without a request from the juvenile under Minnesota Statues ~ 144.335, or under any other state or federal statute that allows or requires denial of parental access and that provides standards for denying parental access. \ V. Denial of Access. I If the responsible authority or designee determines that the requested data is not accessible to the requesting party, the responsible authority or designee must inform the requesting party. Upon the request of any person denied access to data, the responsible authority or designee shall certify in writing that the request has been denied and cite the specific statutory section, temporary classification, or specific provision of federal law upon which the denial was based. VI. Collection of Data on Individuals. The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city council, or federal government. When an individual is asked to supply private or confidential information about the individual, the City employee requesting the information must give the individual a Tennessen warning. This warning must contain the following: the purpose and intended use the requested data, whether the individual may refuse or is legally required to supply the requested data, any known consequences from supply the information, and the identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen warning is not required when an individual is requested to supply investigative data to a law enforcement officer. 6 A Tennessen warning may be on a separate fonn or may be incorporated into the fonn I which requests the private or confidential data. See attached Exhibit 7. VII. Challenge to Data Accuracy. An individual who is the subject of public or private data may contest the accuracy or completeness of that maintained by the City. The individual must notify the City's responsible authority in writing describing the nature of the disagreement. Within 30 days, the responsible authority or designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the authority believes the data to be correct. The responsible authority should provide the data subject with a written statement that infonns the data subject of the right to appeal and should also provide a copy of Minnesota Rules, Pt. 1205.1600. An individual who is dissatisfied with the responsible authority's action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statutes Chapter 14. The responsible authority will correct any data if so ordered by the Commissioner. I VIII. Data Protection. I A. Accuracy and Currency of Data. All employees will be requested, and given appropriate fonns, to provide updated personal infonnation to the appropriate supervisor or Human Resources Manager, which is necessary for tax, insurance, emergency notification, and other personnel purposes. Other people who provide private or confidential infonnation will also be encouraged to provide updated infonnation when appropriate. Department heads should periodically review fonns used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. All records must be disposed of according to the City's records retention schedule. B. Data Safeguards. Private and confidential infonnation will be stored in files or databases, which are not readily accessible to individuals who do not have authorized access and which will be secured during hours when the offices are closed. Private and confidential data must be kept only in City offices, except when necessary for City Business. 7 Only those employees whose job responsibilities require them to have access will be allowed access to files and records that contain private or confidential information. These employees will be instructed to: not discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, not leave private or confidential data where ,non-authorized individuals might see it, and shred private or confidential data before discarding. When a contract with an outside party requires access to private or confidential information, the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit 8. 8 , Exhibit 1 LIST OF RESPONSIBLE AUTHORITY AND DESIGNEES Responsible Authority Records Victoria Volk, City Clerk All records Desil!:nees John Erar, City Administrator All records Will Neumeister, Community Development Community Development Director Department Dan Winkel, Fire Chief Fire Department Jim Dickinson, Finance Director Finance Department Dana Peitso Human Resources Anoka County Assessor Assessing Dave Almgren, Building Official Building Inspections Frank Stone, Superintendent of Public Public Works Department Works Scott Erickson, City Engineer Engineering Department 9 , Exhibit 2 CITY PHOTOCOPY CHARGE POLICY Regular Photocopy Charge $0.25 per page Special Photocopy Charge (Charged where retrieval of data and making of copies requires significant staff time) a. Copy cost Regular photocopy charge, above b. Labor cost 25% of total labor charges Document Charge Fee as established (Charged for certain frequently requested documents, such as zoning codes, maps, etc. 10 , Exhibit 3 CONSENT TO RELEASE PRIVATE DATA I, , authorize the City of ("City") to (print name) release the following private data about me: to the following person or people: The person or people receiving the private data may use it only for the following purpose or purposes: / This authorization is dated and expires on The expiration cannot exceed one year from the date of the authorization, except in the case of authorizations given in connection with applications for life insurance or noncancellable or guaranteed renewable health insurance and identified as such, two years after the date of the policy. I agree to give up and waive all claims that I might have against the City, its agents and employees for releasing data pursuant to this request. Signature IDENTITY VERIFIED BY: Witness: x Identification: Driver's License, State ID, Passport, other: Comparison with signature on file Other: Responsible Authority/Designee: 11 / Exhibit 4 CITY OF ANDOVER INFORMATION DISCLOSURE REQUEST Minnesota Government Data Practices Act A. Completed by Requester REQUESTER NAME (Last, First, M.): DATE OF REQUEST: STREET ADDRESS: PHONE NUMBER: CITY, STATE, ZIP CODE: SIGNATURE: DESCRIPTION OF THE INFORMATION REQUESTED: B. Completed by Department DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: ACTION: PUBLIC NON-PUBLIC APPROVED PRIVATE PROTECTED NON- APPROVED IN PART (Explain below) PUBLIC DENIED (Explain below) CONFIDENTIAL REMARKS OR BASIS FOR DENIAL INCLUDING STATUE SECTION: PHOTOCOPYING CHARGES: IDENTITY VERIFIED FOR PRIVATE NONE INFORMATION: IDENTIFICATION: DRIVER'S LICENSE, Pages x ~= STATE ID, Etc. COMPARISON WITH SIGNATURE ON FILE Pages x ~= PERSONAL KNOWLEDGE Special Rate: . (attach explanation) OTHER: AUTHORIZED SIGNATURE: \ / 12 J Exhibit 5 GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT 1. AUTHORIZATION. City of Andover ("City") hereby authorizes , ("Authorized Party") access to the following government data: 2. PURPOSE. Access to this government data is limited to the objective of creating summary data for the following purpose: 3. COST. (Check which applies): The Authorized Party is the person who requested the summary data and agrees to bear the City's costs associated with the preparation of the data which has been / determined to be $ The Authorized Party has been requested by the City to prepare summary data and will be paid in accordance with attached Exhibit 2 [Exhibit 2 to be attached at time agreement is signed.] 4. SECURITY. The Authorized Party agrees that it and any employees or agents under its control must protect the privacy interests of individual data subjects in accordance with the terms of this Agreement. The Authorized Party agrees to remove all unique personal identifiers which could be used to identify any individual from data classified by state or federal law as not public which is obtained from City records and incorporated into reports, summaries, compilations, articles, or any document or series of documents. Data contained in files, records, microfilm, or other storage media maintained by the City are the City's property and are not to leave the City's custody. The Authorized Party agrees not to make reproductions of any data or remove any data from the site where it is provided, if the data can in any way identify an individual. No data which is not public and which is irrelevant to the purpose stated above ) will ever be disclosed or communicated to anyone by any means. 13 j The Authorized Party warrants that the following named individual(s) will be the only person(s) to participate in the collection of the data described above: 5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or disclosure of govemment data collected, used, and maintained in the exercise of this Agreement and classified as not public under state or federal law. The Authorized Party understands that it may be subjected to civil or criminal penalties under those laws. The Authorized Party agrees to defend, indemnify, and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from an act or omission of the Authorized Party, its agents, employees, or assignees under this Agreement and against all loss by reason of the Authorized Party's failure to fully perform in any respect all obligations under this Agreement. 6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at all times during the term of this Agreement to maintain insurance covering the Authorized Party's activities under the Agreement. ) 7. ACCESS PERIOD. The Authorized Party may have access to the information described above from to 8. SURVEY RESULTS. (Check which applies): If the Authorized Party is the requester, a copy of all reports, summaries, compilations, articles, publications, or any document or series of documents, which are created from the information provided under this Agreement, must be made available to the City in its entirety. If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations, articles, publications, or any document or series of documents, which are created from the information, provided under the Agreement must be provided to the City. The Authorized Party may retain one copy for its own records but may not disclose it without City permission, except in defense of claims brought against it. ) 14 Exhibit 6 NOTICE TO PERSONS UNDER AGE OF 18 Some of the information you are asked to provide is classified as private under state law. You have the right to request that some or all of the information not be given to one or both of your parents/legal guardians. Please complete the form below if you wish to have information withheld. Your request does not automatically mean that the information will be withheld. State law requires the City to determine if honoring the request would be in your best interest. The City is required to consider: Whether you are of sufficient age and maturity to explain the reasons and understand the consequences, Whether denying access may protect you from physical or emotional harm, Whether there is reasonable grounds to support your reasons, and Whether the data concerns medical, dental, or other health services provided under Minnesota Statue ~ 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize your health. NOTICE GNEN TO : DATE: By: (name) (title) REQUEST TO WITHHOLD INFORMATION I request that the following information: Be withheld from: For these reasons: Date: Print Name: Signature: / 16 Exhibit 7 DATA PRACTICES ADVISORY Some or all of the information that you are asked to provide on the attached form is classified by state law as either private or confidential. Private data is information, which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information, which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is: You are/are not legally required to provide this information. If you refuse to supply the information, the following may happen: Other persons or entities that are authorized by law to receive this information are: 17 Exhibit 8 SAMPLE CONTRACT PROVISION Data Practices Compliance. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minnesota Statue Chapter 13 (the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act or this contract. Upon termination of this contract, Contractor agrees to return data to the City, as requested by the City. 18 ) ~ RECORD OF ANNUAL REVIEW DATA PRACTICES PUBLIC DOCUMENT Under the Minnesota Government Data Practices Act, as the responsible authority for the City of Andover, I am required to annually review and update the City's public document and ensure its accuracy. The following records the date on which I have done so. DATE COMPLETED SIGNATURE , Victoria V olk, City Clerk 19 0) \ , 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 AdministratO(g~ Will Neumeister, Community evelopment Director wd.,^- FROM: D. Tyler Mckay, Associate Planner C0 SUBJECT: Consider Rezoning (02-01) to rezone property located at 1516 148th Lane NW from Rural Residential (R-l) to Urban Residential (R-4). DATE: June 18, 2002 INTRODUCTION The applicant is requesting that the property be rezoned to allow the property to be split into two urban residential lots. I DISCUSSION The subject property is located within the Oak Bluff development. At the time this development was approved, consideration was given to ensure that the lots could be converted to urban residential lots as utilities became available (see attached minutes from the meetings). As with all rezonings, one of the two following findings must be made to justify the rezoning: 1. The original zoning/land use was in error. 2. The character of the area or times and conditions have changed to such an extent to warrant the Rezoning/Comprehensive Plan Amendment. In this case, the character of the area has changed through the installation of municipal utilities and the resulting urban development that surrounds the property. Attachments Resolution Location Map Property Survey Letter from Neighbor Previous Minutes Planning Commission Minutes '. Clarification on City Staff comments Comments from Linda and Guy Mahmarian on this lot split have been included with the report. Staff wishes to clarify that in the conversation mentioned with Courtney Bednarz, Andover City Planner, he did not discuss a desire by City Staff for the possible tax income generated by the lot split. He was only commenting on a general interest by the City in recouping the investment costs in utility stubs at some point in time. Planning and Zoning Commission Recommendation The Planning Commission unanimously recommended approval of Amending Ordinance No. Section 6.03, Zoning District Map of the City of Andover to rezone this property located at 1516 148th Lane NW from Rural Residential (R-l) to Urban Residential (R-4). ACTION REOUIRED Staff is asking the City Council to approve the proposed rezoning. ~fuJIY ,ubmittoo, . . f7,----- D. Tyler Mckay \ , Cc: Ry-chel Gaustad, 1516 148th Lane NW / -2- CITY OF ANDOVER \ COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows (PIN 26-32-24-22-0006): 1) Rezone land from Single Family Rural Residential (R-l), to Single Family Urban Residential (R-4)on approximately 0.9 acres legally described as: Lot 1, Block 4 OAK BLUFF, Anoka County, Minnesota 2) 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 _ day of 2002, CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk -9- z~ ri ~ ,!!1 " '^~ e . ~ '" . ~ >- IL& Ol , ..... 1:) 2: ::> /-&:e:: '" ~c ..... t6 ~ ~ 00 ~~ a.'.;j ",,,, CG5 :E ::s w EE ~ ~ z ".g Ul ::J Ole LrlCl)CI) ffi " .- '" ~Ol m-J..,J .... 1! 0 8"" < II) :5ww z 0 Ol~ COco w Cl'l 0 ~o u ~ Ul:5:5~U Ul .. 'OJ' N 0 0. o N =e o ... ~tiiO::Qtiio::ld ." II ~ }u "'0 ... 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" May 21, 2002 , I ,/ Written Comments on the Lot Split Request at 1516 148th Lane NW Linda and Guy Mahmarian who reside at 1484 - 148th Lane NW in Andover, immediately next door to the proposed lot split, have prepared these comments, We have lived in our home since August of 1987, The biggest factor in our decision to buy this house was the fact that the entire subdivision consisted oflots that were at least one acre in size, While we understood that the property to our north and south could be developed in a different manner, the way that Oak Bluff was zoned assured that the homes would be built on lots of at least one acre, We were told by our builder, Delserve, that any resident of Oak Bluff would need approval from the majority of the other residents before any lot splits would be considered, When the for sale sign appeared on the property next door to us we assumed that the residents of 148th Lane would be required to give their approval before any final decision is made about the lot split. After speaking to Courtney Bednarz, Andover City Planner, we have realized that this is not the case, He explained that it is in the city's best interest to receive the additional money that will be generated from utilities and property taxes as a result of a lot split. While our comments are certainly welcome, it seems that they will have little or no bearing on this decision, We have, with great sadness, come to realize that the spacious surroundings that we have enjoyed for 15 years are about to be permanently altered so that the new owners of the property and the City of Andover will \ benefit financially, With this in mind, we offer our comments so that the Planning and I / Zoning Commission and the City Council will have the opportunity to consider them as they make their decision in this matter. The way that 148th Lane was originally planned is the reason that we have lived here for 15 years, The residents of Oak Bluff have intentionally chosen to live here because of the way that the lots are zoned, The residents at 1516 have lived here less than 2 years and are now hoping to benefit financially with no regard for the welfare of those homeowners who have been living here much longer, Our new neighbors across the street have already informed us that they purchased their property with the intention of splitting the lot so they would have money for their retirement. After these folks pay realtor fees, assessments, and capital gains taxes, it is unlikely that they will have more than 25% of the selling price of the lot to actually keep for themselves, Although we realize we must accept the inevitable changes that are about to take place around us, our greatest concern is for the well being of our II-year old son Paul, who has autism, Since Paul's diagnosis in 1992, we have been especially appreciative of the fact that we chose not to live in an area that is completely zoned as Urban Residential. Paul suffers from extreme sensitivity to noise and has great difficulty functioning in a crowded environment. Our home is the one place of security and calm for Paul, and the addition of a new home immediately next to us is sure to have a drastic effect on him and cause great emotional distress to our family, Although these concerns may not be as compelling as the potential financial gains to the city, we ask that they be considered as the City of Andover reviews the lot split request at 1516 148th Lane NW, '. CC: Residents of 148th Lane NW , ) -6 - Regular City Council Meeting June 3, 1986 - Minutes Page 12 SPECIAL USE PERMIT/CONTINENTAL DEVELOPMENT, CONTINUED Mayor Windschitl stated in looking at the extension of the sewer and water up Hanson Boulevard almost to Coon Creek, he had no doubt that at some point in time the property in question should be rezoned down to an R-4 and platted under urban ordinances. He felt there will be a continual demand for sewer and water into that area. He also felt the variance request before them is troublesome. Councilman Orttel suggested the hardship had to do with the proximity to the landfill and to the sewered district; Planning would dictate that the City does not want that land but to keep it free until the extension of those utilities. i Councilman Lachinski also felt the reason this would be done is because of its proximity. If the sewer line is extended to Coon Creek this year, he felt it would only be a matter of five years or so before this parcel could be serviced. Mayor Windschitl stated in talking with the Metropolitan Council, they are amenable to changing boundaries if the acreage is substitued for other areas that would be taken out of the Urban Service area. He felt it would take about a year to complete that process. Council discussed various options for developing the parcel and for processing the semi-private green areas being proposed. Chuck Cook, Developer - stated ultimately his first desire in platting the property would be R-4 and he is interested in pursuing that possibility. However, they have a lot of time invested in the density zoning concept, feeling it would be appropriate to make a decision on the density zoning so in the event the R-4 zoning efforts fail, they'd have the ultimate solution in place without having to start over again. Discussion returned to the variance request. Mr. Hawkins explained: the ordinance states the green area shall be added to public open space. He felt the City could either take a deed with a reversion clause that indicates that the title would revert back again only at the time the sewer is available and it is rezoned. Or it could be done through a lease agreement for a term that would terminate on that same type of event. He felt it would come off the tax rolls in ei ther case. Dick Schneider - statec from listening to the discussion, the hearing is a farce feellng the 1tem is cut and dried. The developer is coming in with the plat next week before the P & Z and nothing has been approved yet. He stated he definitely feels that the special use and variance should both be denied. If the Council wants to change it, he felt it should be properly done by rezoning to R-4, thinking that is the most logical way to do it. He stated this special use is making a mockery out of the ordinance. Mayor Windschitl felt it would take about.a year to include this area in the MUSA line and there would have to be some trade-offs. Councilman Orttel stated this is a very narrow corridor, questioning how it would be financed to bring the utility lines to service just this property. His idea was this was an interim way to preserve this for the future so utilities would not be forced onto existing residents. Councilman Lachinski also stated the reason people opposed the one- acre lots was the fear of premature expansion of the sewer. By going to R-4, the / line would go right past Hartfields, and that is not what is wanted. A develo~er - stated he does a lot of building in Coon Rapids and they are changing their MU A line in a matter of a couple weeks. He asked if it is necessary that the MUSA line be changed to include sewer and water. Mayor Windschitl stated in this case, yes. This area is physically outside the MUSA line at this time, so a boundary change needs to be done. In looking at the growth pattern, there is no n",>ctinn thilt it ic th", lilrn'" no"'n cniir"'c:: l",ft whirh will hp rlpvplonprl. ,7 - Regular City Council Meeting I June 3, 1986 - Minutes f Page 13 (Special Use Permit/Contingental Development, Continued) Develo)er - asked if there is any problem bringing the line across the creek. Councl noted there are extra costs involved with bringing it across the creek, and the Council's position has been to use an inverted siphon rather than a lift station. Councilman Orttel suggested the arrangement for the open space also require the developer to make an in-lieu of payment for the taxes that would be genera ted from th at property. MOTION by Orttei, Seconded by Lachinski, that we direct the City Staff to prepare a Resolution approving the Special Use Permit for denisty zoning requested by ContinentaL Development Corporation for property described as the north half of the northwest quarter of Section 26, Township 32, Range 24 except the east 100 feet thereof for the following reason: proposed use will not be detrimental to the health, safety, and general welfare of the community; it will not cause serious traffic congestion; it will not seriously depreciate surrounding property values; it is in harmony with the general purpose and intent of the zoning ordinance and the Comprehensive Plan; that the primary reason for the approval of this request has to do with the property's close proximity to the Urban Service Area and to the hazardous waste site to the south of it; and that the matter regarding open space be referred to the City Attorney to develop an acceptable method whereby the City will acquire the open space until such time as the municipal utilities become available to the property and that the open space agreement be approved by the deve loper. (See Resolution R069-86) DISCUSSION: Dave Schneider - asked if a lift station was needed to cross the creek, would 160 ac~esjustify the cost of it or would more area have to be brought in. Mayor Windschitl noted the key to the economics of bringing in the utilities and to the development of that area is what Mr. Holasek will do with his property because of the amount of land he has. It is his understanding the Metropolitan Council will not stop growth and will try to give the equivalent of five year's availability. VOTE ON MOTION: YES-Lachinski, Orttel, Windschitl;:NO-Knight; ABSENT-Elling Motion carried. Dick Schneider - stated it is a sorry state of affairs when everything is cut and dried before the public hearings., He stated he heard the rumors that this would be passed, and it was true. He stated the Council didn't listen to what the property owners in the area wanted. Council noted the discussions began some time ago asking the developer to consider density zoning as a proposal, and the first attempt was to actually create a transition zone. They felt they did listen to the people and not that many people testified. Mr. Schneider _ staled the hearings were so late most of the residents had to leave. MOTION by Orttel, Seconded by Lachinski, that we disapprove the request for variance for Contin~ntal: Development Corporation to retain the open space in their density zoning project in private ownership due to the fact that the hardship of the land has not been established. (See Resolution R070-86) Motion carried on a 4-Yes, I-Absent (Elling) vote. Councilman Lachinski left the meeting at this time. 11 : 00 p. m . ) CROOKED LAKE CLEANUP SURVEY / May~r Windschitl understood the Watershed Board will contribute $5,000, which is .> the match for the feasibility study. Mr. Schrantz explained they are now looking for a commitment as to whether Andover will proceed to match the funds~for whatever "7- Regular Planning Commission Meeting \ May 13, 1986 - Minutes Page 6 (Menkveld Rezoning, Cont.) \ MOTION by Vistad, seconded by Rogers to close the public hearing. \ Motion carried. Commissioner Bosell noted that the Comprehensive Plans shows this property 1n the Metropolitan Urban Service Area. The plan deals with the need to provide low and modest cost housing. We far exceeded what we were required to have as far as low and modest cost housing. Commissioner Rogers felt that the zoning is controlled by the market. Right now the trend is for single family housing; when money tightens up, it will go to condos, apartments, etc. MOTION by Vistad, seconded by Pirkl that the Andover Planning and Zoning Commission recommend to the City Council approval of a request by G. M. Investment Company to rezone the property described as the Southwest one-quarter of the Northwest one-quarter of Section 34, Town- ship 32, Range 24, Anoka County, Minnesota, from M-l and M-2 to R-4 for the following reasons: 1) The proposed will not be detrimental to the health, safety or general welfare of the community; 2) it will not cause serious traffic congestion; 3) it will not seriously depreciate surround- ing property values; 4) the proposed use 1S in harmony and meets the intent of the zoning ordinance and the comprehensive plan. It should be noted that a public hearing was held and there was no opposition. Motion carried on a 6 yes, I no (Jacobson) vote. This will go to the City Council on June 3, 1986. " CONTINENTAL DEVELOPMENT SPECIAL USE PERMIT PUBLIC HEARING (COMM. #4-86-9) !-'~ - Chuck Cook, Coon Rapids - stated that he attempted to plat this land in December. He came in with a 2~ acre plat and the Council requested that he plat it in 1 acre lots. The City Administrator and the Council asked the City Attorney for an opinion in regard to platting this under density zoning. The attorney said that it was within the existing ordinances. Mr. Cook was then requested by the Council to apply for a special use permit to develo~ this property under density zoning. He noted that sewer and water are a real concern. It was Mr. Cook's opinion that this concern exists whether or not he plats this land. He stated that he 1S not petitioning for sewer and water and he is not asking for R-4 zoning. He is requesting a special use permit. Chairman Jacobson explained that with denisty zoning, you do not ge~ any more lots than you would under the regular zoning for the area. Mr. Cook could plat 25 lots smaller than 2~ acres. The land that is not platted goes into public or semi-public open space. Mr., Cook also has a request for a variance so the green space will not be given to public use. He would want to reserve it for private use. At this time Chairman Jacobson opened the public hearing. Lary Carlson, 17750 Aztec Street N.W. - asked if this is allowed should he be asking for this on his property. Mr. Jacobson said that he could apply for density zoning. - 9- Regular Planning Commission Meeting May 13, 1986 - Minutes Page 7 (Continental Development SUP, Cont. ) \ Dick Schneider, 1343 Andover Boulevard N.W. - stated that when he sold this property to Mr. Cook it was with the understanding that the lots would be 2~ acres. Mr. Schneider stated that he did not ask Mr. Cook to buy the land, Mr. Cook came to him. There are a lot of people who have li ved in this area for years and Mr. Cook does not even live in the city. He stated that if this is approved, the city is setting a precedent for the future. Mr. Jacobson explained that under the current ordinance, any developer can come in an apply for this. Leonard Mattson, 1502 - 146th Lane N.W. - stated that there was an agreement that this would be 2~ acre lots. Chairman Jacobson asked Mr. Schneider if this was in writing. Mr. Schneider said no. Tom Adler, 1480 Andover Boulevard N.W. - asked what the green space is. Mr. Jacobson explained that when someone plat by density zoning, they lose control over the green space. Mr. Cook, however, has a request to allow him to keep that green space for himself. Gilbert Menkveld -asked if the green space is for public use, \"ho pays the taxes. Mr. Cook said that it becomes tax exempt. Winslow Holasek, 1159 Andover Boulevard N.W. - asked if the property will still be tax exempt if the variance is granted. Mr. Cook said no, that he would be paying the taxes. Mr. Holasek - felt that this is misuse of a Special Use Permit. He could see no unique features about this property. The problem is from the Council. They want the sewer up here. The ordinances were designed to make use of unique situations. If the city is going to do this, the proper way is to rezone the property. He also noted that he owns property on two sides of this and if this plat raises the water level, the city will have to take care of it. There is a dead end road on the plat which is bad for maintenance and emergency vehicles. The Coon Creek Watershed wants $5,000 in ponding fees; however, they might cut that in half if the water is ponded on-site. Chairman Jacobson asked what unique features this property has. Mr. Cook noted the following: 1) the close proximity to the landfill and concern about contiminated water; 2 ) high water table in the general area: 3 ) Council has established an area defining the area that they feel would be of special consideration. Tom Adler asked why Mr. Cook wants to plat this property if it's so close to the landfill. Mr. Cook stated that he is not concerned today: the PCA has lifted their ban. It could be a potential concern in the fu.ture. Commissioner Bosell asked what the lot size would be if this is developed under density zoning. Mr. Cook noted that they would be 39,000 square feet. -(0- . . Regular Planning Commission Meeting May 13, 1986 - Minutes Page 8 Ms. Bosell noted that the area of a lot is the same as on a 2>, acre lot. The buildability does not change. Hartfiel's Estates was platted prior to. our ordinance being adopted. If sanitary sewer were needed, they would have to petition for it. She also noted that under the PUD, the \ only thing we're allowing for is to develop it at a density greater than what is allowed in an R-l zone. The setbacks, the size of the home, the garage requirement do not change. Dick Schneider - stated that the purpose of a Special Use Permit is a unlque sltuation. He didn't feel there is anything unique about this property. Jan Balvin, 1419 - 146th Lane N .W.. - asked why one acre lots would be better than 2-1/2 acre lots when the water table is so high. Chuck Cook - stated that the ordinance requires 39,000 square feet of buildable area 6~ feet above the vla ter table. He is not changing these the requirements for sewer. He also noted that he lived in a city where they had private wells and septic systems and then city sewer and water came in and he was assessed $10,000. On a 2~ acre lot the assessments would be $30-50,000. The density zoning came about because of a concern that sewer and water would be coming In. His feelings "ere that Hartfiel's Estates is going to need sewer and water soon. He then stated that he originally came in with 2~ acre lots. Tom Adler - asked if there was anything in the ordinance describing what unique is. Chuck Cook - stated that it is the opinion of the Council that this property is of a unique nature. Chairman Jacobson noted that unlque can be the land conditions. It could be because the Council is concerned about the cost to land01'mers should se\ver and water be required. Leonard Mattson, 1502 - 146th Lane N.W. - felt that there are financial considerations being considered in this request. Mr. Kuklok, 1533 - 146th Lane - stated that the developer has stated he didn't want this, but that he wanted 2~ acre lots. Mr. Jacobson explained to the audience that Mr. Cook originally came in with a 2~ acre plat, but changed it when Council expressed a concern about sewer and water. Several letters were presented from residents expressing their opposition to the smaller lots. Gilbert Menkveld - stated that many of the small communities ruin the land be putting it into large acreages. He also said that we are not going to keep sewer and water out of that area forever. MOTION by Pirkl, seconded by Rogers to close the public hearing. Motion carried. MOTION by Pirkl, seconded by Apel that the Andover Planning and Zoning ./(- Regular Planning Commission Meeting J May 13, 1986 - Minutes Page 9 Commission recommend to the City Council approval of the Special Use Permit requested by Continental Development for density zoning for the following reasons: 1 ) the proposed use will not be detrimental to the health, safety or general welfare of the community; 2 ) it wi 11 not cause serious traffic congestion; 3 ) it is in harmony with the intent and purpose of the Comprehensive Plan and the Zoining Ordinance; 4 ) it will not depreciate surrounding property values. It should be noted that a publi c hearing was held and there was opposition. The Commission basically finds development is of a unique nature and requires a Special Use Permit for its best use. Approval of the Special Use Permit is subject to the condition that the minimum lot size will be 39,000 square feet. Discussion: Commissioner Bosell stated that a Special Use Permit on11y deviates from the placement of lots in that they .vill be clustered. This will not affect the front, side or rear yard setbacks. Commissioner Rogers felt that by approving this request, we are circumventing the ordinance and that will vote against approval. Vote on Motion: No - Rogers, Jacobson, Vistad, Jovanovich; Yes - Pirkl, Bosell, Apel. Motion fails on a 4 no, 3 yes vote. Recess 9:50 - Reconvene 10:01 CONTINENTAL DEVELOPMENT VARIANCE Chairman Jacobson explained that Mr. Cook is requesting that the open space be excluded from the requirements, which requires a variance. He Cook stated that this request is at the direction of the City Council and the City Attorney. He felt that dedicating the open space to the city is not appropriate. Mr. Jacboson asked Mr. Cook what he is going to do with the open space. Hr. Cook said that he wi 11 retain it for future development. It wi 11 be left as is for now. The concerns of tax forfeiture is not any different than any other land like this. Commissioner Bosell noted that the City Council minutes indicate that Mr. Cook would put a restrictive covenant on that open space until it is buildable and asked Mr. Cook if he is willing to do that. Mr. Cook replied yes. Ms. Bosell asked if the land stays as public or semi-public land, what purpose would the city have for it other than an unofficial park. Would the city be able to sell it? Chairman Jacobson stated tha t l,hen park land is dedicated, it is for parks only. It was noted that the open space would not be used for ponding. Commissioner Vis tad aSked if any of the open space would be developed as parkland. Mr. Cook noted that they are dedicating 4J, acres for park wl1ich is in excess of the requirements. A t such time as Phase II is -{ l... - Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 5 2. That the height of the trail be raised as recommended by staff. 3. That as many trees be saved as possible. Motion carried on as-ayes, O-nays, 2-absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. ~ PUBLIC HEARING: REZONING (02-01) TO REZONE PROPERTY LOCATED AT 151614STH LANE NW FROM RURAL RESIDENTIAL (R-l) TO URBAN RESIDENTIAL. Associate Planner, D. Tyler McKay, explained that the applicant is requesting the property to be rezoned to allow the property to be split into two urban residential lots. The subject property is located within the Oak Bluff Development. At the time this development was approved, consideration was given to ensure that the lots could be converted to urban residential lots as utilities became available. As with all rezonings, one of the two following findings must be made to justify the rezoning: the original zoning/land use was in error, or the character of the area or times and conditions have changed to such an extent to warrant the Rezoning/Comprehensive Plan Amendment. In this case, the character of the area has changed through the installation of municipal utilities and the resulting urban development that surrounds the property. , Commissioner Gamache questioned ifthe original intent was to some day split the lots. Mr. McKay stated that that was the original intent. Commissioner Hedin questioned what the surrounding properties are zoned. Mr. McKay stated that the properties to the north and south are zoned R-4, the property to the east is zoned R-l. Commissioner Kirchoff questioned what the disadvantage would be to rezoning the entire area. Mr. Bednarz explained that it's been a City policy in the past for people to petition the City independently, however it's possible to petition the City as a group as well. Mr. McKay stated that some of the property owners do like the lower density and wouldn't be interested in rezoning. Commissioner Greenwald questioned if the property is already stubbed in for two lots. Mr. McKay stated that that is correct. Commissioner Hedin questioned if the property to the east is stubbed. Mr. McKay stated that the property to the east isn't stubbed. Mr. Bednarz mentioned that there are several lots in the area that are stubbed for sewer and water. -/3- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 6 Commissioner Kirchoff questioned what would happen if it went further to the east, '. however there were people in between that didn't have sewer and water. Mr. Bednarz explained that there would be a neighborhood meeting. Commissioner Kirchoff questioned if the lots down the road would end up paying the full cost. Motion by Greenwald, seconded by Hedin, to open the public hearing at 7:47 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. The applicant, Ry-chel Gaustad,. introduced herself and offered to answer any questions. She mentioned that she did speak with the neighbor who had some concerns; as a result she felt they came to a conclusion and an understanding. Myron Rooney, 1529 148th Lane, stated that he is opposed to the rezoning. He stated that he is on City sewer and water, but still is opposed to the idea. There was no further public input. Motion by Hedin, seconded by Gamache, to close the public hearing at 7:51 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Commissioner Gamache questioned iffrom 1519 to 1529 was originally one lot and was rezoned. Mr. McKay stated that he doesn't have that information. , Commissioner Greenwald questioned if this request fits into the Comprehensive Plan. Mr. Bednarz stated that it does fit into the Comprehensive Plan. The area is identified as transition residential, with the understanding that at some point the site would be rezoned. Commissioner Greenwald questioned when the Comprehensive Plan was implemented. Mr. Bednarz stated that the most recent Comprehensive Plan was adopted in December 2001. He mentioned that before the Comprehensive Plan was approved it was previously determined that this area be a transition residential site. Commissioner Greenwald questioned ifhe were to own one of the lots that there would be a good chance that one of his neighbors could split their property. Mr. Bednarz stated that that is correct. Motion by Greenwald, seconded by Gamache to recommend to the City Council approval of Ordinance No.8, an Ordinance Amending Ordinance No. Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 5-ayes, O-nays, 2- absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. -Jf- @) , , CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,C1.ANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administrato~1[v Will Neumeister, Community evelopment Director W./'- FROM: D. Tyler Mckay, Associate Planner 1/0 SUBJECT: Consider Lot Split (02-04) at 1516 148th Lane NW. DATE: June 18, 2002 INTRODUCTION The property owner is seeking approval of a proposal to divide the subject property into two urban residential lots. This application is dependant upon a rezoning to the Single Family Urban , Residential (R-4) zoning district. An existing house on the west half of the property will remain and one new lot will be created. , DISCUSSION The attached survey indicates how the property will be divided. Both lots will exceed the minimum lot width, depth and area requirements of the R-4 Zoning District. Utilities A sewer stub currently exists to serve the new lot. The purchaser of the lot must petition the city to connect to the sewer. Initial contact should be made with the Engineering Department regarding this item. Water service is not immediately available. The nearest water line could potentially be extended if the purchaser petitions and there are sufficient property owners interested in it. Without the water line extension, the purchaser would need to dig their own well. Easements The survey indicates ten foot wide drainage and utility easements along the perimeter of the existing property. These easements were established with the Oak Bluff Plat. An additional five foot wide easement is needed on both sides of the proposed interior property line. Due to the fact that this application is a lot split and not a plat, a separate easement document will need to be prepared and recorded with Anoka County. This item has been added as a condition of approval. Clarification on City Staff comments Comments from Linda and Guy Mahrnarian on this lot split have been included with the report. Staff wishes to clarify that in the conversation mentioned with Courtney Bednarz, Andover City Planner, he did not discuss a desire by City Staff for the possible tax income generated by the lot split. He was only commenting on a general interest by the City in recouping the investment costs in utility stubs at some point in time. Planning and Zoning Commission Recommendation The Planning Commission unanimously recommend approval of the Lot Split request by Ry-chel Gaustad to Subdivide Property into Two Urban Residential Lots for Property Located at 1516 148th Lane NW, subject to the conditions included in the resolution. Attachments Resolution Location Map Property Survey Letter from Neighbor Previous Minutes Planning Commission Minutes ACTION REOUIRED Staff is recommending the City Council approve the proposed lot split. Respectfully submitted, ~-:r/11~ D. Tyler Mckay Cc: Matt and Tara Kuker, 16055 Makah Street NW 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR RY-CHEL GAUSTAD TO SUBDIVIDE PROPERTY INTO TWO URBAN RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 1516 148TH LANE NW LEGALLY DESCRIBED AS FOLLOWS: Lot 1, Block 4 OAK BLUFF, Anoka County, Minnesota WHEREAS, Ry-chel Gaustad has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 1516 18th Lane NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 and 40; 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. 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: 1. The survey shall be revised to provide an additional five foot wide easement on both sides of the proposed interior property line. 2. The applicant shall prepare and submit to the City for approval a separate easement document indicating an additional five foot wide easement on both sides of the proposed interior property line to be recorded with Anoka County. 3. The applicant shall submit to the City three signed original copies of the survey. 4. The purchaser of the property shall be required to conform with all of the requirements of the City of Andover Building Department. I 3 5. The applicant shall be required to hook up to City sewer and petition the City to connect. The applicant must disclose to the buyer of the new lot that an assessment will be due and payable for sewer service at the time of connection. 6. The applicant shall pay park dedication in the amount of $1,700. 7. The applicant shall pay a trail fee in the amount of$412. 8. The lot split shall be subject to a sunset clause as defined in Ordinance No. 40, Section I1I(E). Adopted by the City Council of the City of Andover on this _ day of ,2002. CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria V olk, City Clerk 4 z~ ~ ro >- Q) ~~ ~ , ,..... C) " ~~ ~ I .~~ Do 5 c:: l{) Sl ct:!!;! ",2 ~ rIJ "",'" roro ~r::::"'::S w EE Gli) Z i!: :!: "',E 0"" ~Ul ii! ~ 1!,5 I=! 'f W-,Ul W 0 0Q) < ~ ~~~ ~ ~ g g ~:: u ~ (I)::S:S~U en a.. "ltC\l~ >.0 O -J (I) .... .......J" 0 = c: ... ""'t .. W W 0::: Q LLJ 0:: W 4) 11 ~ Q;: (Q 0 "C 0::: UJ W I- UJ UJ 0 U - _.0 O):.p C oc::~oo:::~a:: d) ~(") E mro ell 5!lii3:lJJlii3:C:: ;;l ..~ ~ -;;;~ cu ttJ Q) ........ CU _~C1 all> ... 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I ...:' ,": ~"' I ( , "", 4-' ,., I "I ..... ...:'" I '...' "" ~" <( .!. I __, ",::~ 0: I Z ,^-J I " + - - - -' tl I ! \.\ \ I I "<.... 8 I " ... ""' ,. \ I I . , I *\ ...J ~ z'" 0 I , I ~_ :! 1 \.Ll~ UJ ~(J) __.J " I - I ~ili U t !1l a '--I I I ~1ii n! N i:1::t: ,- ,. I I ~<Il A'!if I I oi1i -.. _- ~ I (L N -- f " I ,,>- ' / \ I I ~t I / ~ I I I t)::! I I ~w I ~{1 I -5 : -'J/ ~ I :h I i:i, oJ, Z\.Ll.!;;::: I , I -..... ~: g-u..:i I (1 I ,- I L._____~_______ L 1 ~ I 01 I -I ------ ---7--------------~ II I \ Q : '--_..... I 09..... I _ 0 I I -- --- 00'001 ::J II~IEE.OO N --- --'" , / 'V I ~( H 1 r;-j 1 (",r:, () ..... ...... ..... .... I -.<; ... , May 21,2002 Written Comments on the Lot Split Request at 1516 148th Lane NW Linda and Guy Mahmarian who reside at 1484 - 148th Lane NW in Andover, immediately next door to the proposed lot split, have prepared these comments, We have lived in our home since August of 1987. The biggest factor in our decision to buy this house was the fact that the entire subdivision consisted of lots that were at least one acre in size, While we understood that the property to our north and south could be developed in a different manner, the way that Oak Bluff was zoned assured that the homes would be built on lots of at least one acre, We were told by our builder, Delserve, that any resident of Oak Bluff would need approval from the majority ofthe other residents before any lot splits would be considered, When the for sale sign appeared on the property next door to us we assumed that the residents of 148th Lane would be required to give their approval before any final decision is made about the lot split. After speaking to Courtney Bednarz, Andover City Planner, we have realized that this is not the case, He explained that it is in the city's best interest to receive the additional money that will be generated from utilities and property taxes as a result of a lot split. While our comments are certainly welcome, it seems that they will have little or no bearing on this decision, We have, with great sadness, come to realize that the spacious surroundings that we have enjoyed for 15 years are about to be permanently altered so that the new owners of the property and the City of Andover will benefit financially, With this in mind, we offer our comments so that the Planning and Zoning Commission and the City Council will have the opportunity to consider them as they make their decision in this matter. The way that 148th Lane was originally planned is the reason that we have lived here for 15 years, The residents of Oak Bluff have intentionally chosen to live here because of the way that the lots are zoned. The residents at 1516 have lived here less than 2 years and are now hoping to benefit financially with no regard for the welfare of those homeowners who have been living here much longer. Our new neighbors across the street have already informed us that they purchased their property with the intention of splitting the lot so they would have money for their retirement. After these folks pay realtor fees, assessments, and capital gains taxes, it is unlikely that they will have more than 25% of the selling price of the lot to actually keep for themselves, Although we realize we must accept the inevitable changes that are about to take place around us, our greatest concern is for the well being of our II-year old son Paul, who has autism, Since Paul's diagnosis in 1992, we have been especially appreciative of the fact that we chose not to live in an area that is completely zoned as Urban Residential. Paul suffers from extreme sensitivity to noise and has great difficulty functioning in a crowded environment. Our home is the one place of security and calm for Paul, and the addition of a new home immediately next to us is sure to have a drastic effect on him and cause great emotional distress to our family, Although these concerns may not be as compelling as the potential financial gains to the city, we ask that they be considered as the City of Andover reviews the lot split request at 1516 148th Lane NW, CC: Residents of 148th Lane NW -7- Regular city Council Meeting June 3, 1986 - Minutes Page 12 / . SPECIAL USE PERMIT/CONTINENTAL DEVELOPMENT, CONTINUED Mayor Windschitl stated in looking at the extension of the sewer and water up Hanson Boulevard almost to Coon Creek, he had no doubt that at some point in time the property in question should be rezoned down to an R-4 and platted under urban ordinances. He felt there will be a continual demand for sewer and water into that area. He also felt the variance request before them is troublesome. Councilman Orttel suggested the hardship had to do with the proximity to the landfill and to the sewered district; Planning would dictate that the City does \ not want that land but to keep it free until the extension of those utilities. I ! Councilman Lachinski also felt the reason this would be done is because of its proximity. If the sewer line is extended to Coon Creek this year, he felt it would only be a matter of five years or so before this parcel could be serviced. Mayor Windschitl stated in talking with the Metropolitan Council, they are amenable to changing boundaries if the acreage is substitued for other areas that would be taken out of the Urban Service area. He felt it would take about a year to complete that process. Council discussed various options for developing the parcel and for processing the semi-private green areas being proposed. Chuck Cook, Developer - stated ultimately his first desire in platting the property would be R-4 and he is interested in pursuing that possibility. However, they have a lot of time invested in the density zoning concept, feeling it would be appropriate to make a decision on the density zoning so in the event the R-4 zoning efforts fail, they'd have the ultimate solution in place without having to start over again. Discussion returned to the variance request. Mr. Hawkins explained: the ordinance states the green area shall be added to public open space. He felt the City could either take a deed with a reversion clause that indicates that the title would revert back again only at the time the sewer is available and it is rezoned. Or it could be done through a lease agreement for a term that would terminate on that same type of event. He felt it would come off the tax rolls in either case. Dick Schneider _ statec from listening to the discussion, the hearing is a farce feellng the ltem is cut and dried. The developer is coming in with the plat next week before the P & Z and nothing has been approved yet. He stated he definitely feels that the special use and variance should both be denied. If the Council wants to change it, he felt it should be properly done by rezoning to R-4, thinking that is the most logical way to do it. He stated this special use is making a mockery out of the ordinance. Mayor Windschitl felt it would take about a year to include this area in the MUSA line and there would have to be some trade-offs. Councilman Orttel stated this is a very narrow corridor, questioning how it would be financed to bring the utility lines to service just this property. His idea was this was an interim way to preserve this for the future so utilities would not be forced onto existing residents. Councilman Lachinski also stated the reason people opposed the one- acre lots was the fear of premature expansion of the sewer. By going to R-4, the line would go right past Hartfields, and that is not what is wanted. A develo~er _ stated he does a lot of building in Coon Rapids and they are changing their MU A line in a matter of a couple weeks. He asked if it is necessary that the MUSA line be changed to include sewer and water. Mayor Windschitl stated in this case, yes. This area is physically outside the MUSA line at this time, so a boundary change needs to be done. In looking at the growth pattern, there is no question that it is the large open spaces left which will be developed. -f1- Regular City Council Meeting J June 3, 1986 - Minutes Page 13 (Special Use PermitjContingenta1 Development, Continued) Deve10~er - asked if there is any problem bringing the line across the creek. Counci noted there are extra costs involved with bringing it across the creek, and the Council's position has been to us~ an inverted siphon rather than a lift station. Councilman Ortte1 suggested the arrangement for the open space also require the developer to make an in-lieu of payment for the taxes that would be generated from that property. MOTION by Orttei, Seconded by Lachinski, that we direct the City Staff to prepare a Resolution approving the Special Use Permit for denisty zoning requested by Continental'_ Development Corporation for property described as the north half of the northwest quarter of Section 26, Township 32, Range 24 except the east 100 feet thereof for the following reason: proposed use will not be detrimental to the health, safety, and general welfare of the community; it will not cause serious traffic congestion; it will not seriously depreciate surrounding property values; it is in harmony with the general purpose and intent of the zoning ordinance and the Comprehensive Plan; that the primary reason for the approval of this request has to do with the property's close proximity to the Urban Service Area and to the hazardous waste site to the south of it; and that the matter regarding open space be referred to the City Attorney to develop an acceptable method whereby the City will acquire the open space until such time as the municipal utilities become available to the property and that the open space agreement be approved by the developer. (See Resolution R069-86) DISCUSSION: Dave Schneider - asked if a lift station was needed to cross the creek, would 160 a~~esjustlfy the cost of it or would more area have to be brought in. Mayor Windschit1 noted the key to the economics of bringing in the utilities and to the development of that area is what Mr. Ho1asek will do with his property because of the amount of land he has. It is his understanding the Metropolitan Council will not stop growth and will try to give the equivalent of five year's availability. VOTE ON MOTION: YES-Lachinski, Ortte1, Windschitl;-NO-Knight; ABSENT-Elling Motion carried. Dick Schneider - stated it is a sorry state of affairs when everything is cut and dried before the public hearings., He stated he heard the rumors that this would be passed, and it was true. He stated the Council didn't listen to what the property owners in the area wanted. Council noted the discussions began some time ago asking the developer to consider density zoning as a proposal, and the first attempt was to actually create a transition zone. They felt they did listen to the people and not that many people testified. Mr. Schneider _ stated the hearings were so late most of the residents had to leave. MOTION by Orttel, Seconded by Lachinski, that we disapprove the request for variance for Contin~ntal-~ Development Corporation to retain the open space in their density zoning project in private ownership due to the fact that the hardship of the land has not been established. (See Resolution R070-86) Motion carried on a 4-Yes, 1-Absent (Elling) vote. Councilman Lachinski left the meeting at this time. 11:00 p.m. CROOKED LAKE CLEANUP SURVEY V May~r Windschit1 understood the Watershed Board will contribute $5,000, which is the match for the feasibility study. Mr. Schrantz explained they are now looking for a commitment as to whether Andover will proceed to match the funds~for whatever -1- Regular Planning Commission Meeting 1 May 13, 1986 - Minutes ' Page 6 (Menkveld Rezoning, Cont.) \ MOTION by Vistad, seconded by Rogers to close the public hearing. , Motion carried. Commissioner Bosell noted that the Comprehensive Plans shows this property in the Metropolitan Urban Service Area. The plan deals with the need to provide low and modest cost housing. We far exceeded what we were required to have as far as low and modest cost housing. Commissioner Rogers felt that the zoning is controlled by the market. Right now the trend is for single family housing: when money tightens up, it will go to condos, apartments, etc. MOTION by Vistad, seconded by Pirkl that the Andover Planning and Zoning Commission recommend to the City Council approval of a request by G. M. Investment Company to rezone the property described as the Southwest one-quarter of the Northwest one-quarter of Section 34, Town- ship 32, Range 24, Anoka County, Minnesota, from M-l and M-2 to R-4 for the following reasons: 1) The proposed will not be detrimental to the health, safety or general welfare of the community: 2) it will not cause serious traffic congestion: 3) it will not seriously depreciate surround- ing property values: 4) the proposed use is in harmony and meets the intent of the zoning ordinance and the comprehensive plan. It should be noted that a public hearing was held and there was no opposition. , Motion carried on a 6 yes, 1 no (Jacobson) vote. This will go to the City Council on June 3, 1986. " CONTINENTAL DEVELOPMENT SPECIAL USE PERMIT PUBLIC HEARING (COMM. #4-86-9) ~ - Chuck Cook, Coon Rapids - stated that he attempted to plat this land in December. He came in with a 2~ acre plat and the Council requested that he plat it in I acre lots. The City Administrator and the Council asked the City Attorney for an opinion in regard to platting this under density zoning. The attorney said that it was within the existing ordinances. Mr. Cook was then requested by the Council to apply for a special use permit to develo~ this property under density zoning. He noted that sewer and water are a real concern. It was Mr. Cook's opinion that this concern exists whether or not he plats this land. He stated that he is not petitioning for sewer and water and he ~s not asking for R-4 zoning. He is requesting a special use permit. Chairman Jacobson explained that with denisty zoning, you do not ge~ any more lots than you would under the regular zoning for the area. Mr. Cook could plat 25 lots smaller than 2~ acres. The land that is not platted goes into public or semi-public open space. Mr. Cook also has a request for a variance so the green space will not be given to public use. He would want to reserve it for private use. At this time Chairman Jacobson opened the public hearing. I / Lary Carlson, 17750 Aztec Street N.W. - asked if this is allowed should he be asking for this on his property. Mr. Jacobson said that he could apply for density zoning. -u- , Regular Planning Commission Meeting // v May 13, 1986 - Minutes \ Page 7 (Continental Development SUP, Cont. ) \ Dick Schneider, 1343 Andover Boulevard N.W. - stated that when he sold this property to Mr. Cook it was with the understanding that the lots would be 2~ acres. Mr. Schneider stated that he did not ask Mr. Cook to buy the land, Mr. Cook came to him. There are a lot of people who have lived in this area for years and Mr. Cook does not even live in the city. He stated that if this is approved, the city is setting a precedent for the future. Mr. Jacobson explained that under the current ordinance, any developer can come in an apply for this. Leonard Mattson, 1502 - 146th Lane N.W. - stated that there was an agreement that this would be 2~ acre lots. Chairman Jacobson asked Mr. Schneider if this was in writing. Mr. Schneider said no. Tom Adler, 1480 Andover Boulevard N.W. - asked what the green space is. Mr. Jacobson explained that when someone plat by density zoning, they lose control over the green space. Mr. Cook, however, has a request to allow him to keep that green space for himself. Gilbert Menkveld -asked if the green space lS for public use, who pays the taxes. Mr. Cook said that it becomes tax exempt. / Winslow Holasek, 1159 Andover Boulevard N.W. - asked if the property will still be tax exempt if the variance is granted. Mr. Cook said no, that he would be paying the taxes. Mr. Holasek - felt that this is misuse of a Special Use Permit. He could see no unique features about this property. The problem is from the Council. They want the sewer up here. The ordinances were designed to make use of unique situations. If the city lS going to do this, the proper way is to rezone the property. He also noted that he owns property on two sides of this and if this plat raises the water level, the city will have to take care of it. There is a dead end road on the plat which is bad for maintenance and emergency vehicles. The Coon Creek Watershed wants $5,000 in ponding fees; however, they might cut that in half if the water is ponded on-site. Chairman Jacobson asked what unique features this property has. Mr. Cook noted the following: 1) the close proximity to the landfill and concern about contiminated water; 2 ) high water table in the general area; 3 ) Council has established an area defining the area that they feel would be of special consideration. Tom Adler asked why Mr. Cook wants to plat this property if it's so close to the landf ill. Mr. Cook stated that he is not concerned today; the PCA has lifted their ban. It could be a potential concern in the fu.ture. Commissioner Bosell asked what the lot size would be if this is developed under density zoning. Mr. Cook noted that they would be 39,000 square feet. -11- . . 1/ Regular Planning Commission Meeting May 13, 1986 - Minutes Page 8 \ Ms. Bosel1 noted that the area of a lot is the same as on a 2~ acre lot. The buildabi 1i ty does not change. Hartfiel's Estates was platted prior to our ordinance being adopted. If sanitary sewer were needed, they would have to petition for it. She also noted that under the PUD, the -\ only thing we're allowing for is to develop it at a density greater than what is allowed in an R-l zone. The setbacks, the size of the home, the garage requirement do not change. Dick Schneider - stated that the purpose of a Special Use Permit is a un1que Sltuation. He didn't feel there is anything unique about this property. Jan Balvin, 1419 - 146th Lane N.W., - asked why one acre lots would be better than 2-1/2 acre lots when the water table is so high. Chuck Cook - stated that the ordinance requires 39,000 square feet of buildable area 6~ feet above the via ter table. He is not changing these the requirements for sewer. He also noted that he Ii ved in a city where they had private wells and septic systems and then city sewer and water carne in and he was assessed $10,000. On a 2~ acre lot the assessments would be pO-sO, 000. The density zoning carne about because of a concern that sewer and water would be corning in. His feelings i{ere that Hartfiel's Estates is going to need sewer and water soon. He then stated that he originally carne in with 2~ acre lots. Torn Adler - asked if there was anything in the ordinance describing what ) un1que is. Chuck Cook - stated that it is the opinion of the Council that this property is of a unique nature. Chairman Jacobson noted that unique can be the land conditions. It could be because the Council 1S concerned about the cost to landoimers should sewer and water be required. Leonard Mattson, 1502 - 146th Lane N.W. - felt that there are financial considerations being considered in this request. Mr. Kuklok, 1533 - 146th Lane - stated that the developer has stated he didn't want this, but that he wanted 2~ acre lots. Mr. Jacobson explained to the audience that Mr. Cook originally carne in with a 2~ acre plat, but changed it when Council expressed a concern about sewer and water. Several letters were presented from residents expressing their opposition to the smaller lots. Gilbert Menkveld - stated that many of the small communities ruin the land be putting it into large acreages. He also said that we are not going to keep sewer and water out of that area forever. / MOTION by Pirkl, seconded by Rogers to close the public hearing. Motion carried. MOTION by Pirkl, seconded by Apel that the Andover Planning and Zoning -11-- Regular Planning Commission Meeting } May 13, 1986 - Minutes Page 9 \ , Commission recommend to the City Council approval of the Special Use Permit requested by Continental Development for density zoning for the following reasons: 1 ) the proposed use will not be detrimental to the health, safety or general welfare of the community; 2) it will not cause serious traffic congestion; 3 ) it is in harmony with the intent and purpose of the Comprehensive Plan and the Zoining Ordinance; 4 ) it will not depreciate surrounding property values. It should be noted that a public hearing was held and there was opposition. The Commission basically finds development is of a unique 1 nature and requires a Special Use Permit for its best use. Approval of the Special Use Permit is subject to the condition that the minimum lot size will be 39,000 square feet. Discussion: Commissioner Bosell stated that a special Use Permit onlly deviates from the placement of lots in that they ,vi 11 be clustered. This will not affect the front, side or rear yard setbacks. Commissioner Rogers felt that by approving this request, we are circumventing the ordinance and that will vote against approval. Vote on Motion: No - Rogers, Jacobson, Vistad, Jovanovich; Yes - Pirkl, Bosell, Apel. Motion fails on a 4 no, 3 yes vote. Recess 9:50 - Reconvene 10:01 CONTINENTAL DEVELOPMENT VARIANCE Chairman Jacobson explained that Mr. Cook is requesting that the open space be excluded from the requirements, which requires a variance. Hr. Cook stated that this request is at the direction of the City Council and the City Attorney. He felt that dedicating the open space to the city is not appropriate. Mr. Jacboson asked Mr. Cook what he is going to do with the open space. Mr. Cook said that he wi 11 retain it for future development. It wi 11 be left as is for now. The concerns of tax forfeiture is not any different than any other land like this. Commissioner Bosell noted that the City Council minutes indicate that Mr. Cook would put a restrictive covenant on that open space until it is buildable and asked Hr. Cook if he is wi lling to do that. Mr. Cook replied yes. Ms. Bosell asked if the land stays as public or semi-public land, what purpose would the city have for it other than an unofficial park. Would the ci ty be able to sell it? Chairman Jacobson stated that when park land is dedicated, it is for parks only. It was noted that the open space would not be used for ponding. , Commissioner Vistad asked if any of the open space would be developed as parkland. Mr. Cook noted that they are dedicating 4~ acres for park wl1ich is in excess of the requirements. A t such time as Pha se II is - r3~ Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 7 \ . PUBLIC HEARING: LOT SPLIT (02-04) TO CREATE TWO RESIDENTIAL LOTS FROM PROPERTY LOCATED AT 1516148TH LANE NW Mr. McKay explained that the property owner is seeking approval of a proposal to divide the subject property into two urban residential lots. The applicant is dependant upon a rezoning to a Single Family Urban Residential (R-4) zoning district. An existing house on the west half of the property will remain and one new lot will be created. Both lots would exceed the minimum lot width, depth and area requirements of the R-4 Zoning District. Mr. McKay stated that a sewer stub currently exists to serve the new lot. The purchaser of the lot must petition the City to connect to the sewer. Initial contact should be made with the Engineering Department regarding this item. Water service isn't available immediately. The nearest water line could potentially be extended if the purchaser petitions and there are sufficient property owners interested in it. Without the water line extension, the purchaser would need to dig his or her own well. The survey included in the staff report indicates ten-foot wide drainage and utility easements along the perimeter of the existing property. These easements were established with the Oak Bluff Plat. An additional five-foot wide easement is needed on both sides of the proposed interior property line. Due to the fact that this application is a lot split and not a plat, a separate easement document will need to be prepared and recorded with Anoka County. / Commissioner Greenwald questioned if there is currently a well. Mr. McKay stated no. Acting Chair Daninger mentioned that there is City sewer but no water. Community Development Director, Will Neumeister, pointed out the lots that don't have water but have sewer. Motion by Kirchoff, seconded by Greenwald, to open the public hearing at 7:59 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. The applicant, Ry-chel Gaustad, offered to answer any questions from the Commission. Myron Rooney, I529 148th Lane, questioned if the lot would be required to have both City sewer and water. Mr. Bednarz stated that the City can't require someone to connect to the City's water system as long as the well meets the state standards. Mr. Rooney (Myron) questioned ifhe could put in a well as long as it meets the state codes. Mr. Bednarz stated yes. -/1- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 8 Mr. Rooney (Myron) questioned if she would be required to connect to City sewer. Mr. ) Bednarz stated yes. Mr. Rooney (Myron) questioned who would bear the cost for the connection to City sewer. Mr. Bednarz explained that the stubs are already available for City sewer. Mr. Rooney (Myron) questioned if the sewer connection were to move down the street more that it would be the homeowner's that would pay for the sewer. Mr. Bednarz stated that that is correct. He encouraged Myron to contact the City's engineering department for further questions. There was no further public input. Motion by Kirchoff, seconded by Hedin, to close the public hearing at 8:03 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, Approving the Lot Split request by Ry-chel Gaustad to Subdivide Property into Two Urban Residential Lots for Property Located at 1516 148th Lane NW, subject to the conditions included in the resolution and: 1. A separate easement document will need to be prepared and recorded with Anoka County. ) Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. .. PUBLIC HEARING: AMEND ORDINANCE 8, SECTION 8 - PERFORMANCE STANDARDS. TO ESTABLISH STANDARDS FOR SOD TO BE INSTALLED ON ALL RESIDENTIAL LOTS IN URBAN AREAS. Associate Planner, D. Tyler McKay, explained that the Commission is asked to consider requiring developers to install sod on residential lots prior to the issuance of a Certificate of Occupancy or appropriate escrow during the winter months. Currently, the City has no requirements on lawn establishment prior to the issuance of a Certificate of Occupancy. The problem of residents not installing sod was discussed, as part of the Council goal- setting workshop. The City has relied upon homeowners to either install sod or seed the lawn within one year of occupancy. Additionally, all properties in violation were given one year to bring their property into compliance. Unfortunately, several examples of recently constructed homes continue to reflect an absence of established lawns by the homeowners that contribute to sand runoff into City streets and storm sewers. -/4- (J) " ! 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 Administrato~ Todd Haas, Assistant City En ineer FROM: Jim Dickinson, Finance Director SUBJECT: Approve Release/Cash Escrow/Old Colony Estates and Oak Bluff 2nd Additions DATE: June 18,2002 INTRODUCTION The City is requested by the Gaughan Companies to release all cash escrows related to the Old Colony Estates Addition and Oak Bluff 2nd Additions. / DISCUSSION The Finance and Engineering Departments have reviewed the request and concur that the release of all cash escrows related to the Old Colony Estates Addition and Oak Bluff 2nd Additions is appropriate as all lots are sold and improvements complete and accepted. The current escrow held with interest earned is $54,240.22. BUDGET IMP ACT The budget is not impacted by this release of escrow. ACTION REOUIRED The Andover City Council is requested to approve the release of all cash escrows plus interest ($54,240,22) related to the Old Colony Estates Addition and Oak Bluff 2nd Addition to the ughan Companies. j @ / \ 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 Council Members t CC: John Erar, City Administratot ' Scott Erickson, City Enginee. FROM: Todd Haas, Parks Coordinator & Frank Stone, Public Works Superintendent SUBJECT: Approve Reallocation of 2002 CIP Funding - Engineering DATE: June 18, 2002 INTRODUCTION This item is in regards to the reallocation of the 2002 CIP Funding that is available CIP #02- 45200-03 (City Hall Complex #1 Tennis Court Rebuild). DISCUSSION As you are aware, the City Hall Tennis Court Rebuild will not be completed this year (2002). This project is being postponed pending the outcome of planning efforts for the new Multi-Sports Complex. With the funding available the Public Works Parks Department would like the City / Council to reallocate the tennis court funding to allow for other park maintenance improvements to be completed this year. The funding would be reallocated for repairs and replacement of some of the existing park equipment located near 138th Avenue NW and Crosstown Drive NW and for the replacement of fences at miscellaneous park locations. BUDGET IMP ACT The new improvements would be funded from the $27,000 that was budgeted for the City Hall Complex #1 Tennis Court Rebuild. ACTION REQUIRED The City Council is requested to approve the reallocation of the Tennis Court Rebuild Funding (2002 CIP) to allow for other park upgrades including new equipment for the 138th Avenue tot lot and miscellaneous fencing replacement at various parks. Respectfully submitted, ~/4- ~~ Todd Haas, Parks Coordinator Frank Stone, Public Works Superintendent cc: Kevin Starr, Public Works Park Supervisor ~y~~w I . , . 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"'AD~'J I' I r24~1 ..:/'~-rJ.:.';CIJ';~OI;;--~-,.c;t " ",.,;,. ~~~\~ ,.' u'lI S'~ ," ""'" '. , <'"''''',''-:: _~'''J".0. ." . ~ ; . ... ~ . -f#'! !""".' - , ---""~' .' --.. ,,' - ; .. ".., ~ ",,:"'. " , <> -:' . .:':" '" ;......, ;;; '.... '"~.;,..... :; .' :.: , . 1""". '~,Ki, ~\',v';-/!l::~' '. .', 1'0 '"1""-, "1'1<,,.,-, .,c,', ~"I"~"';;NO~ff l!--i"'''''''''''''' "I""J:<:'"~ ;1 'm<.;' ,..' J-' I -N/' t~ .. . .!' " . ,," '" .:uil,'I,v.tt.I'l" f--~j. ;r~ " UI"wOoO"r.j;- · ", ,,,.._" '-' /.' " ,'-'-1 " . -. ,.. . ' . '. "'" 'e:-"~''''~''~' ." lliR'I~='" !I . ~I -, T l' ''/_ '''I~'I'I'I' i\, "" ~ ,~", \" .' ,Wi<"'~" . I'" "'''' ~ , "-' ~ ,",' -".J.<<J"'''''''''' '"'''-', . "",~".",,,'" . . I _~ /' /~"'II.--"'~ ,'~ 'GW' ." ' ""~I~:,W.li' / CiTY . ;)f':' eGu,! FUO,F:;::FM'i;;;'\ (~;~ i ;~~ j .- . I . CAPITAL PLAN 2002 thrn 2006 II City of Andover, MN I r;,::------.--.---' ._....__._.___.h....'__.... ." . ~--, - ,n ,.n_' I Project # . 02-45200-03 LPI'oJe~t,~a~e. "City Complex Tennis Court Rebuild I I Type Improvement Priority I-High Useful Life 20 Years Contact Frank Stone Calego.')' Improvements Department Parks & Recrealion-Operations I Description II The sub base under the courts is bad and causing the playing surface to crack. The courts have been resurfaced many times. This project may be delayed as other projects may impact the site and create time delays II Justification l This facility is heavily used by residents and schools, Many summer programs use the courts, The cracks in the surface create unsafe playing conditions, I -- -- Expenditures 2002 2003 2004 2005 2006 Total Improvement 27,000 27,000 II Total 27,000 27,000 II Funding Sources 2002 2003 2004 2005 2006 Total II General Fund 27,000 27,000 Total 27,000 27,000 -- II Operational Impact/Other l II Resurfacing is now a waste of money if the sub base is not repaired first. II . .> II 48 . . , .'r" @ \ I CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,C1,ANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administratov([., FROM: Dan Winkel, Fire Chief SUBJECT: Approve and adapt City of Andover Emergency Plan DATE: June 18,2002 INTRODUCTION The City of Andover is required to have an Emergency Operations Plan that can assist residents, City Council members and staff when an emergency situation occurs in and around Andover, The plan is designed to help all key officials and organizations to carry out their responsibilities for \ the protection of life and property under a wide range of emergency conditions. This written plan , will also serve to refresh the knowledge of key individuals and can be used to inform persons who become replacements. DISCUSSION The City of Andover Emergency Plan has been reviewed in detail by the City Council and staff to make sure that current emergency practices are included in this document. The updates to the plan are consistent with all State and Federal guidelines, All of the contact numbers have been verified to be correct and current as of this date. Note that there are many other documents that work together with this plan to create a total emergency plan. In order for the City Council and staff to fully understand how this plan will work and be effective, a full-scale tabletop exercise will be scheduled at a later date to actually go through all of the details of the plan. BUDGET IMP ACT There will be some budget implications for next years operating budget to help purchase some equipment needed to implement this plan. RECOMMENDATION Staff is requesting City Council approval of the City of Andover Emergency Plan and also adapt the plan as presented. R~:zr'Ubm~;J/ / Dan e'ffle Chief / , CITY OF ANDOVER EMERGENCY OPERATIONS PLAN T ABLE OF CONTENTS I Page Verification of Plan Approval 2 Emergency Management Ordinance 3 Foreword 3 Purpose of Plan 4 Emergency Staff Organizational Chart - Chart A 5 Emergency Operations Center 6 Direction and Control 7-8 Succession of Authority 9 Emergency Responsibility Assignments 10 Chart B- Assignments 11 Emergency Operations-Assignments & Responsibilities 12-13 Operations Policies and Support 13-15 Mayor's Responsibilities 16 City Administrator's Responsibilities 17 Emergency Public Information 18 Alert Call List 19 \ List of Media Sources 20 " , Sample News Release 21 Emergency Management Director's Responsibilities 22 Community Development Director's Responsibilities 23 Building Official's Responsibilities 24 City Engineer/Public Works Superintendent's Responsibilities 25 Community Development Director/City Clerk Responsibilities 26 Finance Director I s Responsibilities 27 Anoka County Sheriff's Responsibilities 28 Fire Chief's Responsibilities 29 Medical and First Aid 30 Warning and Notification 31-33 Medical Examiner 34 Emergency Organizations and Call Lists 35-36 Hazmat Emergency Numbers 37 Mutual Aid Directory 38 Possible Evacuation Sites 39-41 General Resource Listing (Churches-Schools) 42 List of staff names who fill positions list above Department Heads Anoka County Sheriff Warning Point Diagram - Attachment 2 Warning System Diagram - Attachment 3 / VERIFICATION OF PLAN APPROVAL J The City of Andover Emergency Operations Plan has been reviewed and approved by the Mayor and by the Andover Emergency Management Director on this date, Mike Gamache -Mayor Date Council: Don Jacobson Date Mike Knight Date , Ken Orttel Date Julie Trude Emergency Management Director Date TRANSFER OF OFFICE THIS DOCUMENT SHALL REMAIN THE PROPERTY OF THE CITY OF ANDOVER Upon termination of office by reason of resignation, election, suspension, or dismissal, the holder of this document shall transfer it to his successor or to the Andover Emergency Management Director. Copy Number: Assigned to: / 2 " \ CITY OF ANDOVER ) EMERGENCY MANAGEMENT PLAN Authority for the Andover Emergency Management Program is established by Public Law 920, 21st Congress of Minnesota, State Civil Defense Act of 1951, as amended, and Resolution of the City of Andover. Refer to this Code for detailed information. Foreword The basic purpose of this plan is to provide a guide for emergency operations. The plan is intended to assist key City officials and emergency organizations to carry out their responsibilities for the protection of life and property under a wide range of emergency conditions. Although an organization may have the foresight to plan for anticipated situations, such planning is of little value if it is not reduced to written form. Personnel with intimate , knowledge of unwritten plans may be unavailable at the very time it becomes necessary to ) implement them, A written plan will furnish a documentary record, which can be referred to as needed. This documentary record will serve to refresh the knowledge of key individuals and can be used to inform persons who become replacements. Plan Updating and Distribution For purposes of this plan, the City of Andover Fire Chief shall serve as the planning coordinator. As such, the Director will have overall authority and responsibility for the maintenance of the plan. This plan will be reviewed and updated as necessary. The Andover Emergency Management Director will be responsible for ensuring that this updating occurs, and that it is in accordance with the schedule and procedures established by the Minnesota Division of Emergency Services (see DES Bulletin No. 85-1). In order to carry out this task, the Director may request assistance form the Anoka County Emergency Management Director. This plan has been distributed to all City Government departments and agencies which have emergency assignments in the event of a major disaster in the City of Andover. A plan , 3 distribution list will be maintained by the Andover City Emergency Management Director. Reasons for Plan , \ '. - , Tornadoes, floods, blizzards, and other natural disasters can affect the City of Andover, In addition, major disasters such as train wrecks, plane crashes, explosions, accidental releases of hazardous materials, and terrorism attack pose a potential threat to public health, welfare and safety in Andover. An emergency plan is needed to ensure the protection of the public from the effects of these hazards. Purpose of Plan The City of Andover has many capabilities and resources which could be used in the response to any major disaster. These include the facilities, equipment, manpower, and skills of both government and non-government professions and groups in Andover. The purpose of this plan is to ensure the effective, coordinated use of these resources to: a. maximize the protection of life and property. b, ensure the continuity of government. c. sustain survivors. d, repair essential facilities and utilities. \ Lee:al Basis and References / a, Public Law 920, as amended. b, Minnesota State Statutes, Chapter 12, as amended. c. Mutual Aid Agreements. Organization Existing government is the basis for emergency operations. That is, government agencies will perform emergency activities related to those they perform on a day-to-day basis. City organization, responsibilities, and interrelationships are shown on Chart A of this Basic Plan. \ 4 " ~ '\ .~ s..~ g ~ 0...'" ';:: :3 0..> ~ ~ Cf.l ::I ::l u l1)~g.9 ~~Lii~ " Jt< ~o ""'<...l.; l:: 0..>;:: ~ 'C e g ~ ~ ~u>. ':::: '" uJ ~'C ~ 8::1 == ~ '" u " ~ " ....n..'" U " . OJ) ,9 .." - CQ~ ~ fl)t! 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U '"0 ...~ :;;;'5 ~"ii<<l"'E.;g '\ ~~ ~o~ Q3t"i,,;Eg5 ~~ 650J)~8~ U ~ oo~,SuJO:: I EMERGENCY OPERATIONS CENTER (EOC) 1. Check for warning system activities, 2. Alert the Mayor and Council by telephone. 3. Activate the Emergency Operations Center. 4. Alert the Emergency Preparedness Staff, 5. Activate/Establish emergency communications system 6. Initiate the Action Log and Record File. 7. Establish contact with County EOC, Sheriff and Fire. 8. Brief Mayor, Council and Staff on conditions of emergency. 9. Assemble and brief Disaster Recovery Personnel. / 10. Dispatch disaster personnel and survey teams. 11. Dispatch damage assessment teams to disaster area. 12, Review data and reports for declaration of emergency. 13. Respond to changing conditions as appropriate. 14, Assist elected officials in preparation of press release. / 6 Direction and Control The direction and control of government operations from a central, protected facility with / adequate communications and key personnel is essential to the conduct of emergency operations. This facility will be known as the Andover Emergency Operating Center (EOC) located in the Andover Public Works Building, 1785 Crosstown Boulevard (primary) or Andover Fire Station #1, 13875 Crosstown Boulevard (secondary), A. Criteria for EOC Activation The degree of Andover EOC activation will be determined by the severity of the emergency. 6. The EOC may be partiallY activated due to a potential threat to life or property from severe weather, i.e., tornado, flooding, blizzard, civil disturbance, acts of terrorism or a hazardous materials incident/accident that is an uncontrolled release of a reportable product. (Response Levell) 7. The EOC will be fully activated in response to an emergency resulting in damage to life and property. This would include, but is not limited to: tornado touchdown or flooding causing damage to the public and private sector and requiring a coordinated response effort, or a hazardous materials incident/accident involving the response of several agencies, including federal and state, as well as surrounding counties and municipalities (Response Level II and III). 8. Levels of Activation a. Federal b. State / County c. d. Local B. Responsibility for EOC Activation In the event of a major disaster, EOC staff would be expected to automatically report to the EOC. However, the City of Andover Emergency Management Director is responsible for ensuring that the EOC is activated according to the criteria discussed above. C. Staffing of the EOC The staffing list for the Andover EOC is on file with the Andover Emergency Management Director. Each department/agency which is represented in the EOC is responsible for ensuring that its representative is familiar with the duties which he/she is expected to perform at the EOC. (See Call List section). D. EOC Equipment/Supplies The Andover Emergency Management Director is responsible for ensuring that the EOC is operational. The necessary maps, displays, tables and chairs, communications equipment, message logs, etc. are on hand and available for use in the EOC. / 7 Direction and Control continues ~ E. Communications Capability The Emergency Management Coordinator has been given the responsibility of ensuring all communication system (primary and alternate) are operational and communication links between response personnel and EOC operations are identified. Available communication links: 1. Andover departmental units by mobile radio 2. Anoka County Sheriff Dispatch by mobile radio 3. County wide or state wide channel, police and fire 4. MINSEF emergency channel 5. All others by land line only 6. Cell Phone/Radio 7. Minn. Incident Management System F. The Andover EOC is equipped with an emergency power supply. Auxiliary Power is also available at Fire Station #1, 13875 Crosstown Blvd., N.W. G. Supporting Documentation The following support materials are kept on file in the Emergency Management Director's Office: 1. EOC Standard Operating Procedures , J 2. Resource Manual for lists of equipment and supplies. / 8 EMERGENCY OPERATIONS '. / SUCCESSION OF AUTHORITY City officials and employees may not always be present or immediately available for the management of governmental functions at the start of an emergency situation. Under such emergency conditions the succession of authority and governmental control for the City of Andover is as stated below. The Emergency Management Director or Designee is responsible to contact the personnel listed below. Succession of authority for the City of Andover is: 1. The Mayor 2 Acting Mayor 3. Members of the City Council by Seniority 4. The City Administrator/or Acting Administrator 5 The Emergency Management Director (Fire Chief) or Designee 6. Fire Chief or Designee 7. List of Emergency Management Administration , 8. Anoka County Sheriff / Emergency Management Administration Mayor Public Works Supervisors Council Members (4) A) Streets City Administrator B) Sewer & Water Finance Director C) Parks City Engineer City Attorney Emergency Management Director (Fire Chief) City Planner Fire Chief or Designee Building Inspectors Community Development Director Administrative Assistants/Secretaries Building Official City Clerk Public Works Superintendent In the City of Andover, the Mayor is responsible for providing overall direction and control of City Government resources involved in the response to a disaster. The City Emergency Management Director will serve in a staff capacity to the Mayor and will coordinate all aspects of this plan, The City Emergency Management Director will also serve as a liaison with the Anoka County Emergency Management Director. " /. 9 Emergency Responsibility Assignments A. A summary of the City of Andoyer's emergency responsibility assignments by function, is shown on Chart B. Heads of the various city government departments and \ agencies will be responsible for carrying out the assignments shown on this chart. J B. Responsibilities have been assigned by a code letter: "P", "S", or "C". 1. "P" indicates primary operational responsibility, which means the official or agency is in charge of, and responsible to make provision for, that function. 2, "S" indicates support responsibility, which means the agency so assigned will, as far as possible, support and assist the official or agency designed primarily responsible, 3. "C" indicates coordination responsibility, and is assigned when several agencies have support capability but no specific official or agency has obvious primary responsibility. This will be especially true when non-government agencies are involved. , , , , , /' 10 CHART B EMERGENCY RESPONSIBILITY ASSIGNME ) FUNCTION RESPONSIBLE AGENCIES REMARKS Warning and Notification Anoka County Sheriff s Office - P See Warning and Notification Section Annex A) Direction and Control Emergency Management Direction - P (0) Operation City Administrator - P (Administrative) Emergency Public Information Mayor - P City Administrator - S, C - P,I.O, -S Emergency Management Director - S, C Search and Rescue Fire Department - P Anoka County Sheriff s Dept. - S Fire - Mutual Aid - S police - Mutual Aid - S Health/Medical Allina Medical- P, C Fire Department - S Anoka County Sheriff s Dept - S Red Cross - S Evacuation and Traffic Control Anoka County Sheriff s Dept - P State Patrol - S - Mutual Aid Fire Department - S Public Works - S F ire Protection Fire Department - P North Suburban Mutual Aid Fire Depts - S Damage Assessment Public Works Superintendent - P (Above Ground) Building Official - S Engineering - S Community Development Director - S Congregate Care Red Cross - P Salvation Army - P Debris Clearance Public Works Superintendent - P City Engineer - S Anoka County Public Works - S Utilities Restoration Building Official - S Fire Marshal- S Public Utilities - S Private Utilities - S Radiological Protection Fire Department - S State Hazmat Teams - P Recover Efforts- Building Official - P Structural Occupancies Public Works - S Engineering - S Community Development - S Finance - S CODE: P = Primary S = Secondary C = Coordination 11 , , 11 EMERGENCY OPERATIONS - - - ASSIGNMENTS AND RESPONSIBILITIES TEAM NO.1 Legislative Control ~Team Leader: Team Composition: Mayor/City Council Mayor Responsibilities: Define and Articulate Public Policy and Direction TEAM NO.2: Team Leader: Government Operations and Administration City Administrator Team Composition: City Administrator, Management Team Responsibilities: Government Operations and Administration, Legal and Financial Matters, Intelligence, Media & Public Info., Econ. Stabilization, Records and Reports. TEAM NO, 3: Emergency Operations Center Management Team Leader: Team Composition: Fire Chief, Administrator Fire Chief/City Admin Sheriff, City Clerk, Building Official Responsibilities: E.O.C. Management, Warning System Management, Emergency Communication, Resources Management, Evacuation and Crisis Relocation, EOC Records and reports. TEAM NO.4: Engineering, Inspection and Damage Assessment Team Leader: City Engineer Team Composition: City Engineer and Staff, Building Official, City Inspectors, Finance Director . , Responsibilities: Emergency Engineering, Field Surveys and Inspections, Emergency Repairs & Emergency Structures, Damage Assessment & Cost Estimates, Map and Charts. TEAM NO.5: Public Works and Utility Systems Team Leader: Public Works Supt Team Composition: Public Works Superintendent, P.W. Supervisors,Staff and PublicWorks Crews Responsibilities: Water and Sewer System Operation, Contact Public Utilities (Electric and Gas), Roadway Clearing and Repairs, Debris Clean-up, Removal and Disposal, Stormwater Management and Flood Control, Manpower and Emergency Equipment Management. TEAM NO, 6: Health & Human Services. Congregate Care: Community Team Composition: Finance Director, Community Development Dir., Dev. Director City Clerk, Human Resource Director Responsibilities: Emergency Housing and Shelter Management, Emergency Water, Food and Bedding, Emergency Hospital, Medicine and Morgue, Public Transportation Services, ., 12 TEAM NO.7: Sheriff Team Leader: Team Composition: Sheriff's Patrol, Commander, Fire Chief or ., Designee. Sheriff's Capt. Responsibilities: Law Enforcement, Traffic Control, Area Security, Access Control, Crime Prevention, Impounding and Custody. TEAM NO.8: Fire and Rescue Services Team Leader: Deputy Fire Chief Team Composition: Fire Officers Or Designee Responsibilities: Fire Suppression, Rescue Services, HAZMAT and RADAF. Operations Policies B, Protection of life and property during an emergency is the primary responsibility of government at all levels. B. In an emergency affecting more than one political jurisdiction, officials of all jurisdictions involved will coordinate their services to the maximum extent possible. C. The City of Andover Emergency Management Director will assist in providing resource coordination between government agencies and the private sector. - D. City government resources must be utilized to the maximum before state or federal assistance will be made available. E. Each agency, department, or service of city government will maintain records during an emergency. These records should include work hours, equipment hours, supplies and materials consumed, injuries to personnel, and damage to public facilities and equipment. Support A. National Guard 1. Overview When a natural disaster or other major emergency is beyond the capability of local government, support from National Guard units may be available. Only the Governor, as commander-in-chief of the Minnesota National Guard, has the authority to activate the Guard. The purpose of the activation is to ensure the preservation of life and property and to support civil law enforcement agencies: , 13 a. National Guard assistance will complement, and not be a substitute for county and/or city participation in emergency operations. "- , b, If made available, National Guard personnel remain under military command at all times, but will support and assist county and/or city forces in the accomplishment of a specific task or tasks. 2. Request Procedure In the case of the county and all cities that are not of the first class, the sheriff must submit the request for assistance to the Governor's Office. (In the case of cities of the first class, the Mayor, after consulting with the County Sheriff, will submit the request to the Governor.) Requests for activation of the National Guard are to be submitted to the State Duty Officer, by calling (651) 649-5451. Military assistance shall be employed only to supplement and support city, county, and state efforts. Military assistance may include area security, road blocks, crowd control, emergency communications, emergency repairs to roads, bridges, public structures and clean-up activities, disaster control and similar functions not involving private properties, industry and similar activities. / The city must be prepared to estimate the amount and type of assistance required. Typical requirements might include: military police, general personnel, heavy equipment, vehicles, aircraft, helicopters, transportable hospitals, tents and bedding, communications, systems, and any other type of military gear that may be available. Specific instructions for obtaining military assistance can be described as follows: . Insure that city emergency has been officially declared by the Mayor or authorized successor. . Call initial request to the Anoka County Sheriff's Office 911, (763-427-1212). The Mayor or authorized successor and Sheriff will coordinate the request and the Sheriff will submit it. . Prepare formal written request to Governor's Office. . Follow-up with call to Governor's Office that request is en route (651-296-3391). . Advise City staff, Police and Fire Departments that military assistance has been requested. . Be prepared to provide areas and space for bivouac of 14 personnel, parking for equipment, set up of communications equipment, transportable hospitals, etc, . Meet with the Military Commander, introduce personnel and set \ up for operation/control. ) a. A summary of state and federal programs available to local governments which are experiencing or have experienced a disaster is contained in Disaster Response and Recovery: A Handbook for Local Government. This document was developed by the Minnesota Division of Emergency Services (DES), and is on file with the Anoka County Emergency Management Director. b. Information and assistance in securing state or federal support may be obtained by contacting the Anoka County Emergency Management Director, (see Call List Section). , J " /, 15 Standing Operating Guidelines City of Andover Emergency Operation Plan Mayor '\ , In the City of Andover, the Mayor is responsible for providing overall direction and control of City Government resources involved in the response to a disaster. The City Emergency Management Director will serve in a staff capacity to the Mayor, and will coordinate all aspects of this plan. The City Emergency Management Director will also serve as a liaison with the Anoka County Emergency Management Director. MA VORl S CHECKLIST 1. Verify warning system operation. 0 2, Obtain briefing of status of emergency condition 0 3. Make contact with Andover Fire Chief or Designee 0 4. Make Contact with Anoka County Sheriff as appropriate 0 / 0 5. Conduct tour of disaster site, as appropriate 6, Receive initial estimate of damage (no PIO release) 0 7. Announce declaration of emergency in consultation with E.M. D. 0 8. Make contact with Governor or State EOC as appropriate 0 6, Coordinate press releases with City Administrator and Emergency Management Director 0 10. Act as Chief Public Spokesperson for the City 0 11. Review emergency situation for needed actions 0 , , /' 16 Standing Operating Guidelines City of Andover Emergency Operation Plan City Administrator \ " , RESPONSIBILITY: General Administration of City Activities CITY ADMINISTRATOR' S CHECKLIST 1. Verify warning system operation 0 2, Obtain reports on emergency situation 0 3. Prepare outline for Council and Staff briefing 0 4. Brief Mayor, Council and staff on disaster situation 0 5. Set up emergency city administration 0 ,6, Conduct survey of disaster area with Mayor and City Council 0 7. Set up Public Information Office 0 8. Consult finance and legal personnel 0 9. Establish emergency funding account with appropriate staff 0 10. Determine/ Access organizational needs and requirements 0 11. Ensure city hall communications with the public 0 12. Coordinate and respond to public inquiries for emergency services 0 13. Assess local economy and industry requirements 0 14. Press release preparation 0 ; / 17 Standing Operating Guidelines City of Andover Emergency Operation Plan Emergency Public Information \ -. Purpose The purpose of this Standard Operating Guidelines (SOG) is to establish a plan for the orderly dissemination of necessary information to the public, in a timely manner, during emergency or post emergency operations. Direction All releases to the media will be made through the Public Information Office (PIO). The Mayor (or Senior Council Member) or City Administrator are the only officials authorized to perform this role. Method During an emergency: A. Evaluate the scope of emergency and appropriate PIO response. ) B. Establish media briefing room and time schedule for releases/updates. 1. If the scale of the emergency warrants, the City Council Chambers, 1685 Crosstown Blvd or Fire Station #1, 13875 Crosstown Blvd will be used as determined by City Administrator 2. Smaller emergencies will be addressed through the City Administrator's office and City Hall conference rooms. 3. In all cases, the public will access information through and from the City Administrator's Office. C. Inform media of PIO plan, location and schedules. D. Meet with Operations Team leaders or their designees to assess content of information release and current incident status. E. Open Public Information Center to media and public. 1. City Hall, 1685 Crosstown Blvd., Andover MN 2. Bunker Hills Activities Center, 550 Bunker Lake Blvd., Andover MN / , 3. Fire Station #1, 13875 Crosstown Blvd., Andover MN 4. Public Works Building, 1785 Crosstown Blvd., Andover MN , F. Release prepared message to the media and leaders of all city, state, volunteer, , ) service groups, etc. Standing Operating Guidelines City of Andover Emergency Operation Plan Alert Call list CITY OF Andover Alert Call List City officials and employees may not always be present or immediately available for the management of governmental functions at the onset of an emergency situation. Under such emergency conditions the Warning Officer (Anoka County Sheriff Duty Officer) or Designee is responsible to contact Fire Chief, Fire Chief will contact personnel listed below: / 1. Emergency Management Director or Designee 2. City Administrator 3. Mayor 4. City Council Members 5. Fire Chief or Designee 6. Anoka County Sheriff Note: Emergency Management Director and City Administrator will contact all others necessary to operate E.O.C. Department heads shall immediately call or respond to the E.O.C. upon verifying a disaster in Andover. / Standard Operating Guidelines City of Andover ATTACHMENT 1 Emergency Operation Plan Emergency Public Information , . / LIST OF ALL AVAILABLE MEDIA SOURCES TELEPHONE MEDIA CITY NUMBER FAX NUMBER Minneapolis Star & Minneapolis 612-673-4000 612-673-4359 (Mpls) Tribune 651-227-9371 (St. Paul) St. Paul Pioneer Press St. Paul 651-222-1111 651-228-5500 Andover Today Andover 763/755-5100 763/755-8923 Anoka Union Coon Rapids 763/421-4444 763/421-4315 WCCO Radio St. Paul/Minneapolis 651-292-0334 (StP) 612-370-0159 612-370- 0611 (Mpls) KSTP Radio St. Paul/Minneapolis 651-647-1500 651-649-1515 I MN News Network Radio St. Paul/Minneapolis 651-321-7200 651-696-0100 Minnesota Public Radio St. Paul/Minneapolis 651-290-1500 651-290-1295 WL TE Radio St. Paul/Minneapolis 612-339-1029 612-339-5653 WMIN Radio St. Paul/Minneapolis 612-321-7200 612-321-7202 WCCO Television St. Paul/Minneapolis 612-339-4444 612-330-2767 KMSP Television St. Paul/Minneapolis 952-944-9999 952-942-0455 KARE Television St. Paul/Minneapolis 763-546-1111 763-546-8606 KSTP Television St. Paul/Minneapolis 651-646-5555 651-642-4409 Fox St, Paul/Minneapolis 612-379-2929 Associated Press Minneapolis 612-332-2727 Channel 45 St, Paul/Minneapolis 651-645-4500 651-642-4409 , J 20 SAMPLE NEWS RELEASE , ) For Immediate Release The (jurisdiction) advises all contractors wishing to engage in repairs or reconstruction work necessitated by our recent disaster to obtain permits and copies of disasters damage inspection forms before proceeding with any work. In addition, all contractors must be currently registered with the (registration authority) before permits may be issued, All citizens and residents of (jurisdiction), please be informed that the purpose of these requirements is to screen out possible opportunists from taking advantage of the current situation, Furthermore, residents are cautioned and warned not to sign blank contracts, agree to have work performed without first seeing the contractor's registration card, or allow work or alterations not authorized by the (jurisdiction) Building Department. Signature , J Title Phone Date ) 21 Standard Operating Guidelines City of Andover Emergency Operation Plan Emergency Management Director , / RESPONSIBILITY: Overall Emergency Management and Resource Management Emergency Warning System Development and Management Communications System Development and Management Emergency Operations Center Direction and Coordination EMERGENCY MANAGEMENT DIRECTOR'S CHECKLIST (THE FIRE CHIEF HAS BEEN DESIGNATED TO ASSUME THIS FUNCTION BY THE CITY COUNCIL) I. Verify warning system operation 0 2, Activate Emergency Operations Center 0 3, Initiate emergency call list 0 4. Set up EOC radio and telephone 0 5, Obtain reports on emergency situation 0 '6. Check contacts with County Emergency Services 0 , / 7. Initiate contacts with Sheriff and Fire Departments 0 8, Brief Mayor, Council and staff on emergency situation 0 9. Insure action log and record system is established 0 10, Assemble and brief emergency recovery crew leaders 0 II. Confirm Public Works readiness (personnel and equipment)/Contact PW Duty Person 0 12, Assess disaster area security and Sheriff requirements 0 13, Public information and press release status and media contact 0 14, Initiate contacts with Red Cross and Salvation Army 0 15. Institute l.D, tag and record system 0 ) 22 Standard Operating Guidelines City of Andover Emergency Operation Plan Community Development Director RESPONSIBILITY: The Director of Community Development shall be informed of all mitigation efforts which might reasonably affect property uses. The Director shall also coordinate economic and structural recovery efforts for residential, commercial and public property. Application for funding or grants for disaster relief shall be coordinated between the Director of Community Development and the Director of Finance. Emergency Zoning-Gather information on zoning changes in community during disasters. Emergency Housing Shelter Management j Water/Food Health Services Public Transportation 23 Standard Operating Guidelines City of Andover Emergency Operation Plan Building Official \ , RESPONSIBILITY: The Building Official shall direct all structural damage assessments within the City. Liaison with other agencies or departments will occur as necessary. The leBO Uniform Disaster Mitigation Plan (on file in Emergencv Management Director's Office) shall be the document governing damage assessments. The following is a brief outline of steps to be followed: Step 1: Set up inspection teams. Provide teams with maps, report forms, placards, flashlights, clip board, staple gun, camera, radio, hard hats and gloves. Step 2: Make preliminary assessment of extent of damage (areas involved) and prepare report. / Step 3: Send out letters to municipalities requesting personnel assistance for assessment of damage. Step 4: Mail out instruction letters to homeowners. Sample Public Information Release in PIO section / 24 Standard Operating Guidelines City of Andover Emergency Operation Plan Director of Public Works , " RESPONSIBILITY: The City Engineer/Public Works Superintendent shall coordinate all civil engineering/public works issues arising from the disaster. This may include Maintenance personnel to clear streets and remove debris, and engineering staff to assess damage to roads, bridges, etc. CITY ENGINEER/PUBLIC WORKS SUPERINTENDENT CHECKLIST 1. Alert Public Works/Engineering personnel 0 2, Obtain briefing on emergency situation 0 3. Take count of Public Works personnel and set up recovery teams 0 4. Determine emergency equipment requirements 0 ;5, Brief crews and dispatch to emergency area 0 6. Determine emergency supply stocks 0 7. Set up record system on personnel time, equipment time and supplies consumption 0 8. Determine road clearing and emergency repair requirements 0 9. Determine debris collection and disposal requirements 0 10. Assign crews to tree removal, boarding-up damaged structures, etc. 0 11. Determine City water system, well and pump operation 0 12. Determine sanitary sewer and lift station operation 0 13. Determine emergency electrical power requirements 0 14. Determine storm drainage channels and flood prone areas 0 ,~15.. Maintain map record of emergency problem areas 0 25 Standard Operating Guidelines City of Andover Emergency Operation Plan Community Development Director! \ Finance Director , / RESPONSIBILITY: The Community Development Director!Finance Director shall have responsibility for the entire public health spectrum, including: Coordination of emergency shelter and housing in conjunction with the American Red Cross, School District 11 & 15 Overall coordination of emergency transportation such as school buses, MTC etc. Coordinate, as appropriate, activities of the following agencies in all issues relating to immediate or potential threats in public health: Water/Food J Health Services Public Transportation Medical (Allina) Congregate care (Red Cross, Salvation Army) Public Works (Clean-up and disposal) Community Development/Inspections (Habitability, Utilities) Liaison with County or State agencies and the recommendation to call them / 26 Standard Operating Guidelines City of Andover Emergency Operation Plan Finance Director , '\ \ RESPONSIBILITY: The Director of Finance has overall responsibility to coordinate financial record keeping by all functional groups. The Director will also work with the Community Development Department to apply for grants, loans, etc. to assist in recovery from a disaster. Set up/coordinate record system on personnel time, equipment and supplies. All departments need to document. (FEMA Guidelines*) / , , J ) 27 Standard Operating Guidelines City of Andover Emergency Operation Plan '\ SHERIFF J RESPONSIBILITY: The Anoka County Sheriff shall have sole authority over all law enforcement issues. The Sheriff, or designee, shall be in attendance at the EOC whenever it is activated. All other law enforcement personnel and activities shall be operated from the Anoka County Sheriffs office at 1530 Bunker Lake Blvd. Any decision to activate the National Guard shall be made only after consultation with the Sheriff. (see also Areas of Responsibility section). Law Enforcement Traffic Control '\ Security j /' 28 Standard Operating Guidelines City of Andover Emergency Operation Plan Fire Chief , RESPONSIBILITY: The Fire Chief Designee shall have sole authority over all issues relating to fire, search and rescue and mitigation of hazardous material incidents. The Chief, or designee, shall be in attendance at the EOC whenever it is activated. All fire activities will be conducted from the Andover Fire Station #1. Decisions regarding activation of Mutual Aid, Haz- Mat Teams, etc. shall be made by the Fire Chief. Fire Suppression Rescue Evacuation ) Relocation / 29 Standard Operating Guidelines City of Andover Emergency Operation Plan Medical and First Aid , / RESPONSIBILITY: Allina Ambulance will be notified by Anoka County Dispatch. Their responding crews will activate the appropriate protocol for Multiple Patient Scenes (MPS) or Mass Casualty Incident (MCI) (SOP on file in Emergency Manager's Office). They will also provide a Medical Liaison person to the EOC. Additional personnel for triage and treatment areas may be supplied by Anoka County Sheriff. American Red Cross and Salvation Army will coordinate with Allina and Andover Community Development Director/City Clerk to provide triage centers, congregate dining and shelter facility. The Anoka County Medical Examiner will be contacted, as necessary, by Allina. ) / 30 Standard Operating Guidelines Emergency Operation Plan Warning and Notification \ / Purpose This standard operating guideline is intended to provide for the proper receipt and dissemination of all warnings and notifications of natural or man-made disasters. It provides procedures to disseminate warning to the general public within the jurisdictional areas of Andover and to ensure that immediate action is taken to minimize the effects of an impending or actual disaster. I. General The Anoka County Warning Point, Sheriff's Patrol Station, Central Communications, 325 East Main Street, Anoka, MN 55303, is responsible for disseminating all watches and warnings to Andover except for warnings for conditions generated within the city itself. The Anoka County Warning Point has a 24 hour warning capability. The Andover Warning Officer is the Anoka County Sheriff Patrol Supervisor or Designee. The Andover Warning Point is the Anoka County Sheriff's Patrol Station, Central I Communications Center, 325 East Main Street, Anoka, MN 55303, The Andover Warning Officer or Designee is responsible for ensuring all warnings and notifications are properly received and disseminated. 11. Actions to be taken by the City Warning Officer (Anoka County Sheriff Patrol Supervisor) or Designee when there is an immediate threat to life: A. Upon receipt of warning from Anoka County Warning Point: 1. Notify City of Andover Emergency Management Director or City Administrator. 2. Notify radio and/or TV stations as appropriate (in majority of cases Anoka County will contact news media when they have generated the warning) . 3. Notify certain private and/or public facilities (hospitals, industries, nursing homes, etc.), ., / 31 Standard Operating Procedure City of Andover Emergency Operation Plan Warning and Notification / City generated warning: B. 1. Natural Disasters A. Sighted tornado touchdown 1) Disseminate warning to the general public by requesting activation of the metro siren control system, Minneapolis-St. Paul Weather Service Office has this responsibility. 2) Notify Anoka County Sheriff's Office of the weather conditions and municipal actions taken. 3) Contact the Emergency Management Director or other local government officials who will instruct the warning point of action to be taken. 4) Other disaster or emergency condition. If needed, disseminate warning to the general public by requesting activation of the sirens. Activation for , emergency conditions other than those previously listed / is accomplished by reporting the conditions to the State Warning Point (State Department of Emergency Management) and requesting activation of Metro Area Siren Control System for the reasons given. If the metro system is activated, the State Warning Point is responsible to ensure the appropriate radio/television coverage is provided. The alert or attention signal will be sounded in the manner described under testing procedures. / 32 Standard Operating Guidelines / .City of Andover /Emergency Operation Plan Warning and Notification III. Actions to be taken by the Emergency Management Director for situations not involving an immediate threat to public safety: A. Notify Anoka County Sheriff's Office/Communications Center of the situation. IV. Testing Procedures A. State policy is that counties and municipalities test their public warning systems at 1300 hours (1:00 pm.) the first Wednesday of each month. Counties and municipalities are encouraged to make advance announcements of each test through local radio, television, and newspapers. B. At 1 :00 p.m. the first Wednesday of each month the County Warning Point will test the Anoka County Area Siren System. , -'v. In the event of a natural or man-made disaster the general public is advised to contact local law enforcement agencies for information regarding missing persons, emergency services, restricted areas and other pertinent information. Warning System Diagram - GIS map at siren locations Recorded Message Web Site , 33 Standard Operating Guidelines '~ity of Andover 'Emergency Operation Plan Medical Examiner Multiple Deaths Medical Examiner 1. CAP ABILITY The Anoka County Medical Examiner's Office can handle up to ten bodies without aid. With more deaths, they would use refrigerated trucks for temporary storage and call in more pathologists to help. Temporary morgues may not be used unless directed and controlled by Medical Examiner. Minnesota's State Bureau of Criminal Apprehension has a forensic team that can respond and help in a mass casualty event, They have 200 - 300 body bags, J.D. tags, etc. They also have capability of staking body location and contributing to the overall investigation. 2. OPERATIONS , , A scene investigation must be done carefully. Bodies must be investigated for certain identification, documentation of injuries, etc., but forensic specialist should do this, FBI fingerprint specialists will respond within a few hours. For personal effects, have at least 2 people from different agencies work as a team to document finding. Volunteer help should not be used for any of this. If a temporary morgue is used, it should not be a church or school. Stigmas become attached to the building. In addition, the use of a wooden floor is not recommended whenever possible. 34 Standard Operating Guidelines City of Andover / . Emergency Operation Plan Emergency Organizations and Call List I CITY OF Andover Emergency Organizations and Call Lists 1. Governor's Office 651/296-3391; 651/296-0674 FAX 2, Dept of Public Safety/Em. Management-Duty Officer 651/649-5451 3. Adjutant General's Office 651/282-4662 4. Anoka County Emergency Services 763/427-1212 5. Anoka County Sheriff 763/427-1212 6, Anoka County Communication 763/427-1212 7. Anoka County Sheriff (Patrol Station) 763/754-4545 , ; 8. Anoka County Maintenance Department(highway) 763/862-4200 9. Fire Chief - Dan Winkel Home 763/323-2908 Cell number 612/328-7765 Pager number 612/622-8648 Office - Station #1 763/755-9825 10. Hospitals - Emergency Rooms S1. Paul Regions 651/221-2121 Mercy Medical Center 763/236-7144 Unity Hospital 763/236-4144 11. Minnesota Pollution Control Agency State Pipeline Safety - State Duty Officer 763/296-8100 12. National Weather Service (Radar) 612/725-6090 13. First Aid Supplies Mercy Hospital 763-236-6000 Unity Hospital 763-236-5000 Allina Medical 763-576-9593 .' 14 Funeral Homes Gearhart Anoka 763-421-4347, Coon Rapids 763-755-6300 Methven Taylor Anoka 763-421-9393, Blaine 763-786-2127 35 Thurston Lindberg Anoka 763-421-0220 Washburn McReavy Seman Coon Rapids 763-767-1000 15. Farmstead Facility 763-712-7000 16. Clinics . / Riverway Clinic Andover 763-712-6500 Andover Park Clinic 763-862-2341 17. Ambulance Service Allina 763-576-9593 18. Body Bags-Medical Examiner 763-236-9050 after hrs 763-427-1212 19, UTILITIES Connexus 763-323-2600 Emer. Outage 763-323-2660 Great River Energy 763-441-3121 Minnegasco/Reliant 612-372-4664 Emer. 612-372-5050 Qwest 800-573-1311 Repair 800-244-1111 Temp Line 20. MEDICAL EMERGENCIES Minnesota Poison Control System 800/222-1222 Salvation Army Representatives Social Services 763-755-6873 , 21. RED CROSS Anoka Co 763-767-8167 Downtown Office Toll Free 612-871-7676 22. RAILROAD EMERGENCIES Burlington Northern Santa Fe 800-832-5452 CP/Soo Line 800-766-4357 Minnesota Commercial 651-646-2010 Wisconsin Central 651-633-8771 23, DNR Helicopter Brainerd Office Cambridge Office via Central Comunications 24, DU All (board up houses) 763-788-9411 612-474-7033 Don Becker Home 25. State Patrol Helicopter 651-649-5451 / 36 Standard Operating Procedure " City of Andover I , /Emergency Operation Plan HazMat Emergency Numbers State of Minnesota All notifications for HAZMA T or DISASTER can be done through the State of MN DUTY OFFICER (24 hours) - 651-649-5451. MNDOT 651-779-1168 MPCA 651-296-8100 Explosives/Ordnance Demolition - Contact Central Communications-- Anoka County St. Paul Bomb Squad 651-291-1111 Minneapolis Bomb Squad 612-673-2853 'Chemical Manufacturers (with response teams and advice) I Dow (517) 636-4400 (24 hours) Chevron (415) 233-3737 (24 hours) E.!. Dupont (302) 774-7500 (24 hours) Shell (618) 254-7331 (HAZMAT) ASTN (Pesticide Spill) (800) 424-8802 EPA or National DOT Dry Sand Andover Public Works 763-755-8118 MTC Bus (evacuation) 612-349-7317 Kottke's Transportation 763-755-3100 " / 37 Standard Operating Guidelines City of Andover Emergency Operation Plan Mutual Aid Directory , J Other Communication Centers Anoka County 763- 427-1212 Hennepin County 763-525-6216 Ramsey County 651-484-3366 St. Paul Police 651-291-1111 Washington County 651-439-9381 ; / 38 Standard Operating Guidelines City of Andover Emergency Operation Plan Evacuation Sites , I POSSIBLE EVACUATION SITES North Areas (Andover, Oak Grove) Schools Crooked Lake School, 2939 Bunker Lake Blvd., Andover MN 763-506-2100 Rum River Elementary School, 16950 Verdin St., Andover MN 763-506-8200 Oak View School, 15400 Hanson Blvd., Andover MN 763-506-5612 Andover High School, 14800 Crosstown Blvd., Andover MN Andover Elementary, 14950 Hanson Blvd., Andover MN 763-506-1700 Meadow Creek School, 3037 Bunker Lake Blvd., Andover MN 763-427-4595 Churches Constance Evangelical Free Church, 16150 Crosstown Blvd., Andover 763-434-5995 'Family of Christ Lutheran Church, 16045 Nightingale St., Andover 763-434-7337 -"Grace Lutheran Church, 13655 Round Lake Blvd., Andover MN 763-421-6520 Meadow Creek Church, 3037 Bunker Lake Blvd., Andover MN 763-427-4543 Prairie Oak Community Church, 1657 161st Avenue, Andover MN 763-434-8191 Hope Lutheran Church, 16180 Round Lake Blvd., Andover MN 763-421-8434 Riverdale Assembly of God, 3210 Bunker Lake Blvd., Andover MN 763-421-8080 Other Andover Movie Theater, 1838 Bunker Lake Blvd, Andover MN 763-754-3000 Anoka Co. Archery Building, 13315 Hanson Blvd, Andover, MN 763-755-2718 Bunker Hills Activity Center, 550 Bunker Lake Blvd., Andover MN 763-757-3920 Courtyards of Andover, 13545 Martin St, Andover MN 763-767-3336 Farmstead Presbyterian Homes, 13733 Quay St., Andover MN 763-712-7000 / 39 Standard Operating Guidelines City of Andover Emergency Operation Plan Evacuation Sites \ J POSSIBLE EV ACUA TION SITES South Areas (Coon Rapids, Anoka, Blaine) Hotels Americinn 3430 Northdale Blvd Coon Rapids MN 763/323-0010 Comfort Inn 9052 University A venue Coon Rapids MN 763/785-4746 Fairfield Inn 8965 Springbrook Drive Coon Rapids MN 763/755-8922 \ , . Country Suites 155 Coon Rapids Blvd Coon Rapids MN 763/780-3797 Super 8 Motel 9410 Baltimore St NE Blaine MN 763/786-8888 , / 40 Standard Operating Guidelines City of Andover Emergency Operation Plan Evacuation Sites I POSSIBLE EV ACUA TION SITES East Areas & West Areas (Ham Lake, Ramsey. Elk River) Hotels Americinn 13440 Highway 65 Ham Lake MN 55304 763/755-2100 Comfort Suites 6440 Highway 10 Ramsey MN 55303 763/323-4800 Country Inn 18894 Dodge Street Elk River MN 55433 763/241-6990 , , ! , 41 GENERAL RESOURCE LISTING Churches 'List of Schools I Constance Evangelical Free Church 763/434-5995 16150 Crosstown Blvd NW Andover MN 55304 Family of Christ Lutheran Church 763/434-7337 16045 Nightingale St. NW Andover MN 55304 Grace Lutheran Church 763/421-6520 13655 Round Lake Blvd NW Andover MN 55304 Meadow Creek Church 763/427-4543 3037 Bunker Lake Blvd NW Andover MN 55304 Prairie Oak Community Church 763/434-8191 1657 161st Avenue NW Andover MN 55304 IRiverdale Assembly of God 763/421-8080 3210 Bunker Lake Blvd NW Andover MN 55304 World of Pentecost 763/434-3200 16060 Crosstown Blvd NW Andover MN 55304 Anoka Seventh Day Adventist 763/421-4020 15036 Round Lake Blvd NW Andover MN 55304 Hope Lutheran Church 763/421-8434 16180 Round Lake Blvd NW Andover MN 55304 , 42 Schools/Day Cares Andover Elementary 763/506-1700 14950 Hanson Blvd NW 'Andover MN 55304 , Andover High School 14800 Crosstown Blvd NW Andover MN 55304 Andover Pre-School/Family Place 763/422-7988 13632 Crosstown Blvd NW Andover MN 55304 Children's World Day Care 763/862-3710 1485 Bunker Lake Blvd NW Andover MN 55304 Crooked Lake Elementary School 763/506-2100 2939 Bunker Lake Blvd NW Andover MN 55304 For Kids Only 763/754-2594 13654 Thrush St NW Andover MN 55304 I Golden Rule Child Care Center 763/421-1996 13655 Round Lake Blvd NW Andover MN 55304 Meadow Creek Christian School 763/427-4595 3037 Bunker Lake Blvd NW Andover MN 55304 Oak View Middle School 763/506-5612 15400 Hanson Blvd NW Andover MN 55304 Rum River Elementary School 763/506-8200 16950 Verdin St NW Andover MN 55304 Tutor Time Day Care 763/422-3887 3390 Bunker Lake Blvd NW Andover MN 55304 'Bridges/ Alternative School 763/506-7552 ) , 13735 Round Lake Blvd NW Andover MN 55304 43 @) I 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 E=, City Admini'tr."'f( Scott Erickson, City Enginee FROM: Jim Dickinson, Finance Director SUBJECT: Ratification of Process to Reallocate CDBG Funds DATE: June 18,2002 INTRODUCTION The recently completed Senior Center remodeling project was completed under budget and $25,529.86 of unused CDBG funds is potentially available for a qualifying CDBG project within the City. DISCUSSION The Senior Center remodeling project budget was originally estimated at $75,000 ($55,000 CDBG and $20,000 City General Fund), and contemplated all the work being contracted out. To facilitate timely completion of the project, the project was completed largely by the Public Works Department and supplemented with contractual services at a total cost of $56,533.07, yielding a total project savings of$18,466.93. Of the total project costs, $29,470.14 was eligible for CDBG funding with the remainder allocated to the City contribution, $27,062.93. The City contribution is provided for using a combination of $7,062.93 in the 2002 Senior Center Budget and $20,000 previously authorized for the project in the CIP. The remaining $25,529.86 in CDBG funding is eligible for reallocation to another qualifying CDBG project within the City of Andover, provided that it can be completed and paid for by December 31, 2002. City Staff have reviewed the reallocation process and discussed other qualifying CDBG projects within the City that could be completed and paid for by December 31, 2002. Staff is recommending that the Andover Sewer Study included in the 2020 Comprehensive Plan be authorized as the project. The Engineering Department is committed to allocating the time necessary to complete the project with a consultant by December 31, 2002. / Mayor and Council Members , June 18,2002 Page 2 of2 The Finance and Engineering Departments have initiated the reallocation process, due to the time sensitive nature of the reallocation process, and have posted a "Notice of Public Comment & Public Hearing for the City of Andover Funding Reallocation". The notice is attached for Council review. BUDGET IMP ACT This is an opportunity for the City to fully leverage available CDBG dollars for a project that would otherwise need to be funded internally. ACTION REOUIRED The Andover City Council is requested to ratify Staffs initiation of the Process to Reallocate CDBG Funds and to schedule a public hearing on July 16, 2002 at 7:00 p.m. (a regularly scheduled meeting). Attachment NOTICE OF PUBLIC COMMENT & PUBLIC HEARING FOR THE CITY OF ANDOVER FUNDING REALLOCATION Notice is hereby given that the City of Andover will receive public comment on the reallocation of Community Development Block Grant funds in the amount of $25,529.86 from the 2001 Senior Center Rehab Project to a 2001 Andover Sewer Study included in the Comprehensive Plan. The objectives ofthe Sewer Study will be available for citizen review during office hours at the City of Andover until July 15, 2002. Persons wishing to review the objectives should contact Scott Erickson, City Engineer, at 763-767-5130 between 8:00 a.m. and 4:30 p.m. or written comment may be submitted to City of Andover; Attn: Scott Erickson, City Engineer; 1685 Crosstown Boulevard NW, Andover, MN 55304. A public hearing is scheduled for July 16, 2002 at 7:00 p.m. or as soon thereafter as can be heard at the Andover City Hall. The hearing is an opportunity for the public to comment on the reallocation of funds. Persons wishing to testify are requested to contact Scott Erickson, City Engineer, at 763-767-5130. If you need an accommodation, such as an interpreter or printed material in an alternate format (i.e., Braille or large print) because of a disability, please contact the City of Andover 763-755-5100. TDD/TTY 763-767-5154. Victoria Volk, City Clerk @ City of Andover 1685 Crosstown Boulevard N.W.. Andover, Minnesota 55304. (763) 755-5100 Fax (763) 755-8923 . www.ci.andover.rnn.us TO: Mayor and Council Members CC: John Erar, City Administratft Scott Erickson, City Engine FROM: Todd Haas, Parks Coordinator SUBJECT: Consider Approval of Proposal for Park Dedication Study/NAC DATE: June 18, 2002 INTRODUCTION This item is in regards to considering a proposal from Northwest Associated Consultants, Inc (NAC) to prepare a study which would identify the replacement costs and the necessary new improvements for each park as to ultimate build out for each of the existing park systems and potential future park property. DISCUSSION If the City Council recalls, NAC has been hired by the City to provide recommendations to the City of Andover concerning park dedication standards and the ordinance amendments suggested to implement the Park Plan Chapter of the Comprehensive Plan and to determine if the required park dedication fee is sufficient to construct the existing and future parks system. Attached is the proposal for your review. Note: The park dedication study is important to complete but unfortunately City staff does not have adequate time to complete the study. BUDGET IMPACT This is an additional expense and above the original scope of work and is not identified in the CIP. This would be funded from Park Dedication Funds. ACTION REOUlRED The City Council is requested to authorize NAC to provide additional services in the amount of $3,650 to complete the park dedication fee study, which is a goal that has been identified by the City Council. Note: The Park & Recreation Commission at their June 6, 2002 meeting reviewed the request of staff and recommended approval of the additional scope of work. Respectfu~ / ~~ cc: Jim Lindahl, Park & Recreation Commission Chair . t-Ij QJ ~'t"l:IJW ~~ 't" ~~S; Q; ~ 11~ 't' ij; Qi (:~Qi ~J $, l.J.J I,:" l~I;>.IJ'IS$;" tNe;~ , 5775 Wayzata Boulevard. Suite.555. St. Louis Park, MN 55416 / Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Todd Haas FROM: Deb Garross, Consultant Planner DATE: August 31,2001 RE: Andover Park Dedication Study FILE: 111.03 The purpose of this' memo is to advise the City Park & Recreation Commission that Staff will be conducting additional research concerning replacement costs/facilities for existing parks and a review of the anticipated amount of parkland, which will be needed to serve the planned 2020 population of the City. Additionally, staff will be investigating current land values for land acquisition, as the information initially provided by the Anoka County Assessor may be somewhat dated. Due to the additional research the park dedication study will not be presented to the Park & Recreation Commission on September 6th. Our office will be working with City Staff to update the park dedication study with the information cited above. Once completed, the park dedication study will be finalized and forwarded to the Park & Recreation Commission for review and recommendation(s). J Ul~-t:l..)- '::~I::I':: 1b:00 NAC 612 595 9837 P.02/04 , ~ "0.1".'$1 AS$Ot'A11~ 4:0"$Ul14\"1$" "44:" , 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 .I Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Todd Haas FROM: Alan Brixius DATE: June 3, 2002 RE: Andover - Park and Trail Dedication Study Update FILE NO: 802 BACKGROUND Pursuant to your request, please find as follows a work program and cost estimate to complete a Park and Trail Dedication Study for the City of Andover. The City has identified the need to review its pari< and trail dedication standards and ordinance requirements to identify changes that may be needed to assure completion of the community's Comprehensive Park and Trail Plan. Recent case law decisions concerning park and trail dedication. have also prompted the need for the City to evaluate whether local cash and/or land dedication requirements are proportional to the development's impact on the recreation system. In 2001 NAC prepared, with City Staff assistance, a park dedication report and proposed fee schedule based upon the urban service area and park plan in effect at that time. Prior to finalization of the report, the City and Metropolitan Council undertook an analysis which resulted in increasing the urban service area and resulting land use/population projections for the community. The City has requested NAC to amend the initial pari< dedication report and findings to incorporate the recently revised land use and demographic projections and to account for the park service area needs of the growth areas. The work program, budget and time line to complete a Park and Trail Dedication Study is outlined as follows: WORK PROGRAM 1. Meeting with City Staff to identify amended urban growth areas, and the type, location, size and amenities desired for new pari< and trail facilities within the expanded growth areas. This meeting will also be used to review the status 1 of 3 Tilt..! VI, ?VlVI? 1 h: VlVl ,-..- --- ---- JUN-03-2002 16:01 NAC 612 595 9837 P.03/04 , of the current Comprehensive Plan, demographic information, and land value information to be used in the park dedication analysis. 2. NAC will generate cost estimates for the new park facilities, prepare a draft report (including changes that were discussed at the 8/30/01 Staff meeting), and revise the park dedication analysis (chart). City assistance will be needed to provide cost estimates for grading, utilities, and other engineering related issues. 3. Second Staff meeting to review park system costs and revised study findings. 4. NAC will provide the City with a recommendation on the amount of cash dedication that should be charged based upon housing units and land use (i.e. commercial and industrial dedications). 5. Third Staff meeting to review final study results and draft Subdivision Ordinance amendment provisions. 6. NAC will finalize study and Subdivision Ordinance amendments for review by the Park Board and City Council. 7. NAC will plan to attend the Park Board meeting to discuss the report recommendations and address questions concerning the report and/or draft I Subdivision Ordinance amendment. 8. NAC will plan to attend the City Council meeting to discuss the report recommendations and address questions concerning the report and/or draft Subdivision Ordinance amendment. 9. NAC will finalize changes to the report and Subdivision Ordinance amendment based upon City Council discussion and approval. BUDGET 1. Staff Meeting 4 hours $ 250.00 2. Preliminary Report 12 hours @ $80.00 per hour $ 960.00 3. Staff Meeting 4 hours $ 250.00 4. Prepare Final Report 8 hours @ $80.00 per hour $ 640.00 & Subd. Ord. Draft 5. Final Staff Meeting 4 hours $ 250.00 6. Finalize Staff Changes 6 hours @ $80.00 per hour $ 480.00 7. NAC Attend Park Meeting 4 hours $ 250.00 8. NAC Attend Council Mtg. 4 hours $ 250.00 9. NAC Finalize Changes 4 hours @ $80.00 per hour ~ 320.00 Total $3,650.00 20f3 _.". ...._ .-...............,. ",....tA,1.\ Co1'" c:'ot:' 00"7,", ~......c-~ (')"'7 JUN-03-2002 16:01 NRC 612 595 9837 P.04/04 NAC will complete the Park and Trail Dedication Study with recommendations for formulas to be incorporated into the Subdivision Ordinance for a fee not to exceed $3,650.00. The fee includes all NAC inventory review, analysis, reporting and ordinance production. We are willing to conduct the assignment on a time and materials basis, so that if the project moves along in an efficient manner and costs do not reach $3,650.00, the City would retain some savings. This budget amount includes staff attendance at two public meetings and three staff meetings which are charged on a flat rate of $250.00 per meeting. In the event that NAC is not required to attend all of the meetings contemplated, the City would retain the associated cost savings. NAC proposes to bill the City monthly on a percentage of completion basis. In the event that our time and materials do not reach the full budget, we will bill only for the cost actually incurred. TIME LINE We would estimate that the park and trail dedication study and recommendations for related Subdivision Ordinance amendments could be completed within approximately four to six weeks of receiving the complete updated inventory information (revised urban service areas, demographic, land value and any changes to the Comprehensive Plan that have occurred since August 2001), from the City. Thank you for the opportunity to provide a work program and estimate for this study. If you have any questions or would like to discuss this matter further, please do not hesitate to call. 30f3 TOTAL P.04 JUN 03 2002 16:00 612 595 9837 PAGE. 04 @ , CITY of ANDOVER / 1685 CROSSTOWN BOULEVARDN.W. 0 ANDOVER, MINNESOTA 553040 (763) 755-5100 FAX (763) 755-89230 WWW,CI.ANDOVER.MN.US TO: Mayor and Councilmembers ~t ~ jC CC: John Erar, City Administrator FROM: Commander Dave King - Sheriff/Patrol Division SUBJECT: Anoka County Sheriffs Department Monthly Report DATE: June 18,2002 INTRODUCTION Captain Dave King from the Anoka County Sheriff s Department will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. DISCUSSION To be verbally presented. ACTION REOUIRED For council information. Respectfully submitted, j)~ \~~ Commander Dave King Anoka County Sheriff s Department B. CITY OF ANDOVER-MAY,2002 \ Current Mo. Last Month YTD LAST YTD Radio Calls 865 846 3,837 4.074 Incident 761 819 3,446 4,478 Reports Burglaries 2 1 35 23 Thefts 58 56 246 222 Crim.Sex 1 3 5 4 Condo Assault 7 9 37 49 Dam to Prop. 25 26 111 89 Harr. Comm. 12 8 37 26 P .D.Accidents 12 18 107 73 P.I. Accidents 4 4 21 24 Fatalities 0 0 0 1 , Medicals 52 32 189 152 Domestics 33 34 154 157 Alarm Calls 61 58 279 341 Felony Arrests 9 14 51 32 Gross Mis. 4 6 23 16 Misd. Arrests 47 29 174 126 DUI Arrests 3 6 21 37 Domestic Arr. 3 1 22 26 Warrant Arr. 13 10 49 42 Traffic Arrests 232 282 1,048 779 , / Community Service Officer Report C. CITY OF ANDOVER-MAY, 2002 l Current Month I Last Month YTD Last YTD Radio Calls 165 165 632 791 Incident Report 121 98 462 430 Accident 10 10 43 39 Assists Medical Assists 1 1 6 3 Aids: Public 42 64 279 306 Aids: Agency 135 125 554 760 Veh. Lock Out 27 26 151 153 Extra Patrol 114 99 558 614 House Checks 0 0 0 31 Bus. Checks 34 43 228 578 Animal Compl. 63 61 236 265 Traffic Assist 0 8 17 36 @) I CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MlNNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administratorfr: Will Neumeister, Community evelopment DirectortdL FROM: Courtney Bednarz, City Plann~ SUBJECT: PUBLIC HEARlNG:Consider Vacation of Drainage and Utility Easement/2150 - 135th Lane NW /Marte and Michelle Byrne - Engineering/Planning DATE: June 18, 2002 INTRODUCTION The City Council is asked to hold a public hearing to consider vacating a portion of the existing drainage and utility easement of the above referenced property. , DISCUSSION The property owner has requested that ten feet of the existing 40 foot wide drainage and utility easement bordering the south end of the property be vacated to allow an in ground swimming pool to be located on the property. The Engineering Department has reviewed the proposed easement vacation and determined that ten feet of the existing easement can be vacated without impacting drainage or utilities in the surrounding area. ACTION REOUIRED The Council is asked to hold a public hearing and approve the proposed vacation of easement. Attachments Resolution Location Map Property Survey Exhibit A - legal description Photographs of property Cc: Marte and Michelle Byrne, 2150 135th Lane NW , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R_-02 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF MARTE AND MICHELLE BYRNE TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF LOT 9, BLOCK 2 HIDDEN CREEK EAST ADDITION WHEREAS, Marte and Michelle Byrne have requested to vacate a portion of a drainage and utility easement located on Lot 9, Block 2, Hidden Creek East, legally described as; The North 10 feet of the South 40 feet, as measured at right angles to the South line thereof, of Lot 9, Block 2, HIDDEN CREEK EAST FIFTH ADDITION, Anoka County, Minnesota. Subject to an easement for utility and drainage purposes over the East 5 feet of said tract and over the Westerly 5 feet of said tract, as mea- sured at right angles to the Westerly line of said Lot 9. , WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following conditions: 1) That the request is subject to a sunset clause. If the City Council determines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void. Adopted by the City Council of the City of Andover on this _ day of June 2002. CITY OF ANDOVER ATTEST Michael R. Gamache, Mayor Victoria V olk, City Clerk / -2. - Vacation of Drainage and Utility Easement Marte and Michelle Byrne , Project Location Map N W~E S , -3- //~ N.C. HOIUM AND ASSOCIATES, INC. LAND SURVEYORS Telephone P. O. BOX 33026-COON RAPIDS, MINN. 55433 421-7822 , , ,I 10731 MISSISSIPPI BLVD. N.W., COON RAPIDS, MN CERTIFICATE OF SURVEY: VALUE PLUS CONSTRUCTION I ~- -- ".,. ~~ --. ----- '\. ~ /35 nl ----... -I '- ,lib '_ :::--- LANE rv't" NW ~~~ -- I~ .:Jo,o ~~~:_ - --~'t"1 ;~ I ~ (' -- ~ ~- ~ ~.J"":; '" ~/ , " " ,--- \ ,I.. SCALE: 1" =30 I '-0. t,) 7251-266/46 "",'" {, ~ 0 -0 Denotes Iron '..J ~Cj. , ~ ~ 'r . , ~ 1 Denotes Lath to I ~ , .~ II , l::l - '-I \ij 861'? ~... Denotes existing , ' "" , '....} <n I elevation , \i\ ~-, - ~ Lot 9, Block 2, . " , .:h ~ !..., . - -. _'::-J B~'l.lI '\1. HIDDEN CREEK EAST FIFTH (\) ~~1,1D - ........ ADDITION, ",':..J , .... 9 Anoka county, MN h '4 ... G Prop. garage level = 889.0 ........ -~_. --' Prop. top of block = 889.4 Prop. lowest level = 885.9 rI tJl?/i/NACE J / / - - lib. t3 - WEST - '~~I\~ I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE ABOVE DESCRIBED LAND. AND THE LOC\TION OF tJtl- BUILDiNGS, THEREON, ctH~ AI-t V,ISIBLE EN. CROACHMENtS, IF ANY, FROM OR ON SAID LAND. A so sta lng 0 a propose Ul dlng. AS SURVEYED BY ME THIS......;?J~.t....DAY OF ....~~.P.t~.lJlR.~.h....................A.D. 19...9}........ .~--'-.- . '; f' - . \.. N.C. HOIUM AND ASSO(!.ES. I . I \ ~ "di? MInnesota Roglltrotlon Ho. .4:4.2:]............. \ :... -':'d.'/~'U$ . . . '. ~ ~ I -1{- '-.." / \ ',' \ t '-- ,~-' ...._--~ f'1.II/15/1 A- ON. C. HOIUM & ASSOC., INC. Land 10731 Mississippi Blvd. N.W.(Iit0xBroK33028) · Coon Rapids, MN 55433 Surveyors , '0"" """" \. ~ 0 TELEPHONE (5~Xsn 763-421-9462 Marte Birne 2150 - 135th Lane N.W. Andover, MN 55304 June 5, 2002 Dear Mr. Birne: The following is the proposed legal description for the portion of the drainage easement that you wish to vacate. The North 10 feet of the South 40 feet, as measured at right angles to the South line thereof, of Lot 9, Block 2, HIDDEN CREEK EAST FIFTH ADDITION, Anoka County, Minnesota. Subject to an easement for utility and drainage purposes over the East 5 feet of said tract and over the Westerly 5 feet of said tract, as mea- sured at right angles to the Westerly line of , , said Lot 9. , , Yours ~' /II. ~. 'tl;n N. C. Hoium Registered Land Surveyor NCH:dh / -5"- -- - - -- ~..~, ~ -... \, , ,/ ... .. " Jr';/ " ,/ ( -.6-- @ CITY OF ANDOVER / 1685 CROSSTOWN BOULEVARDN.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers [ CC: John Em'. City Admini"rnto, ~L ~ ~ FROM: Will Neumeister, Community Development Director t('~ SUBJECT: Amend the Comprehensive Land Use Plan to Consider NBD Study Recommendations DATE: June 18,2002 INTRODUCTION The Planning Commission held a workshop meeting on April 9, 2002 where the Neighborhood Business District (NBD) study was presented by staff. The report and discussion focused on the various changes needed in both the Comprehensive Plan and the Zoning Ordinance to implement the NBD study recommendations. This report focuses on the portions of the NBD study that detail the changes needed in the Land Use Plan to allow the zoning changes to be implemented. DISCUSSION The City recognizes the need for commercial and industrial uses within the community to provide a broad range service and employment opportunities for residents, and also to support the local tax base. However, an over-riding priority is development of cohesive land use patterns that establish compatible uses for surrounding areas. For the most part, these zoning designations were established prior to the most recent 2001 Comprehensive Plan update. Continued growth and development within the City has evolved its character to the extent that the appropriateness of some of the neighborhood business locations should be reviewed. To evaluate the various neighborhood business locations, the City must consider the general philosophy for neighborhood commercial locations, appropriate land use types, scale and performance standards, and site issues such as surrounding land uses, traffic generation, and public facilities. To this end, this report and the Neighborhood Business District study are intended to evaluate the City's goals for neighborhood commercial land use and neighborhood business zoning designations based upon current City policies and various area or site characteristics. The end result of this evaluation is to make recommendations as to potential changes to the Comprehensive Plan, Zoning Map and Ordinance. Page 2 Commercial Land Use--As noted in the Economic Overview Chapter of the Comprehensive Plan, commercial land use in Andover comprises a small amount of the total land area. While residential growth rates have been increasing, new commercial development has not followed. The Comprehensive Plan cites a lack of major regional transportation corridors as one factor in the lack of commercial land use developing in the City. In general, the City's existing commercial development pattern evolving from that of a rural community to that of an active participant in the development boom occurring in the northern Twin Cities suburbs. This change in community character will result in development of larger commercial nodes along minor arterial corridors through the City, reflecting more regional shopping and employment patterns. The City has designated three major commercial nodes at Hanson BoulevardIBunker Lake Boulevard, Round Lake BoulevardlBunker Lake Boulevard, and Hanson Boulevard/Crosstown Boulevard on the Land Use map. Currently, there are nineteen neighborhood commercial sites designated on the Land Use map. Existing Goals and Objectives-- The Andover Comprehensive Plan outlines a broad set of goal and objective statements intended to guide the City's comprehensive planning land use decisions. The goal statements are the most generalized statements of the Comprehensive Plan's vision, while objectives are intended as means to realize these goals. Those which apply to the location and development of commercial land uses are outlined below: Goal1: Maintain a high degree of community planning and involvement. Applicable Objectives: Encourage commercial development along major thoroughfares, especially at major intersections to discourage strip development. Goal 2: Allow growth while maintaining the quality of natural resources and amenities. Applicable Objectives: Promote, protect, preserve and enhance residential, agricultural and open space in Andover through implementation of land use ordinances. Goal 3: Encourage appropriate economic growth, and redevelopment. Applicable Objectives: A. Develop a diversified tax base through balanced development of commercial, light industrial, and residential properties. Page 3 B. Minimize potential zoning and land use conflicts by providing transitional zones or buffers between commercial, light industrial and residential activity and review regularly. C. Allow limited commercial growth to serve residential areas outside of the urban service area. D. Create and enhance commercial nodes for clustering neighborhood commercial activities. Goal 4: Plan for the externalities of future growth. Land Use Districts--Based upon the goals and objectives cited above and generally within the Comprehensive Plan, the Comprehensive Plan establishes more specific polices through land use districts and a land use map. The purpose of the land use districts is to ensure compatible development, and to protect natural resources and amenities. The Comprehensive Plan explains that the designation of the various commercial locations within Andover is based upon a number of factors, including access to major traffic corridors, rapid residential growth creating an under served market and growing trade area. To meet the expected commercial activity created by the expanding market within the community, the Comprehensive Plan designates two commercial land use districts. The Neighborhood Commercial (NC) District and the General Commercial (GC) District. The Comprehensive Plan establishes guidelines for development of the commercial areas within the City. Recommended Changes--It is recommended that a third new commercial land use district (e.g. Limited Commercial) be added to the City's Land Use Plan. Limited Commercial (LC) would specifically designate the nature of the more sensitive commercial areas that should be established in sensitive locations. The appropriate new language that should be added to the Land Use Plan includes the following (underlined is new): Limited Commercial LC land use district is desi nated for locations in the communit that should be limited to rimaril office uses. These areas also need extra care to be taken to rotect surrounding residential areas from traffic and noise associated with more intense commercial activities. Area Requirements: 1 to 5 acres Citv Utilities: Only within the MUSA Limited Business LB Type of Development: Primarily Offices Development Criteria: Buffer uses adiacent to residential areas. Page 4 Neighborhood Commercial (NC) land use district is designated for businesses that serve local / neighborhood needs. In locating of sites for new neighborhood commercial care should be taken to properly separate neighborhood commercial locations from other commercial centers and properly screen activities and traffic from surrounding residential areas. Area Requirements: 1 to 5 acres City Utilities: Only within the MUSA Corresponding Zoning District: NB - Neighborhood Business Type of Development: Retail trade and services serving the immediate area Development Criteria: Create development nodes and avoid strip development One item of concern is that the Comprehensive Plan lacks a specific statement establishing a priority for establishment of larger GC areas. Because of the City's changing character, the opportunity to encourage and invest in major commercial centers is becoming possible. Development of these larger commercial nodes will allow for a more efficient land use pattern, increase interchange opportunities for established businesses, and expand the City's tax base. To this end, the City should limit the amount of land allocated to neighborhood commercial uses. The sporadic designation of neighborhood commercial uses will only serve to fragment the City's land use pattern and reduce buying power away from the City's designated GC centers. The Comprehensive Plan should be amended to establish a structure by which development of General Commercial nodes are given a clear priority over limited NC sites. Recommendations for a set of goal and objective statements to be incorporated into the Comprehensive Plan is outlined below (new language is shown in underlining): GoalS: Establish. maintain, and improve vital retail and service locations within Andover. Objectives: 1. Promote development of commercial areas as cohesive. highlv-inter-related nodes responsive to the needs of the communitv and surrounding market area. 2. Page 5 3. Strongly discourage anv fragmented or uncoordinated linear commercial development in I favor of a unified and pre-planned development pattern. 4. Select strate ic locations for nei hborhood commercial sites and establish desi n performance standards for such uses that promote quality site design and compatible land use arrangements. 5. In evaluating commercial sites. consideration shall be given to the physical implication of commercial use related to compatibility with surrounding land uses. traffic generation. sewer and water demands. and environmental issues. Dual Land Use Designations In order to address compatibility with the surrounding residential uses, the City may consider redesignating the sites for dual land use designations on a given piece of property (i.e. Urban Residential Medium Density (URM) and/or Limited Commercial (LC) on the Comprehensive Plan Land Use map). The dual URM/LC land use designation would serve to buffer the existing residential uses from more intensive commercial uses. Under such a scenario, the City could consider entertaining a rezoning to Multiple Dwelling (M-2) or if the site were zoned Limited Business (LB) would allow the development of an office use on the site. Goal 6: Establish proper buffering: between commercial and residential uses with transitional land uses. Obiective: Allow for transitional sites to be designated as URM/LC to allow for the site to be zoned either as medium density residential or limited business. Needed Modifications to Land Use Designations Shown on the Comprehensive Plan-Based on the Neighborhood Business Study, there were three areas (Area A, C, and D) identified that need to be examined in regard to the goals and objectives that are listed above. The discussion and recommendations from the NBD study are shown below. NBD SITE STUDY Area A _ Hanson Boulevard and 139th Lane Existing: Conditions Area A consists of two parcels located northeast of Hanson Boulevard and Bunker Lake Boulevard. Each of these parcels was guided for commercial land use under the City's 1991 Comprehensive Plan and is currently guided for NC, Neighborhood Commercial use by the current Comprehensive Plan. The two properties are zoned NB District. , , Page 6 The following table illustrates the dimensions of the properties within Area A: , , I Lot Area Lot Width Lot Depth Site A-I 5.5ac. 600ft. 400ft. Site A-2 5.2ac. 650ft. 350ft. Site A-I is located east of Hanson Boulevard between 138th Lane and 139th Lane. The property is undeveloped and has some scrub vegetation scattered on the property and a few trees at the northeast corner. The property is generally higher in elevation than surrounding streets or properties and slopes downward to the east. There is a ponding area to the east of the property at the rear of a block of single family residential lots. Site A-2 is at the northeast quadrant of Hanson Boulevard and 139th Lane, north of Site A-I. The property is heavily wooded with a general slope down from west to east. There are two deep swales through the center of the property that may impact development potential of the site. Surrounding Land Uses Existing and planned land uses surrounding the subject parcels are identified in the following table: Existing Use Existing Zoning Comprehensive Plan Land Use North Single Family R-4, Single Family-Urban URL, Urban Residential LD Residential East Single Family R-4, Single Family-Urban URL, Urban Residential LD Residential OS, Open Space Bunker Hills Public Park South Medical Office/Clinic NB, Neighborhood NC, Neighborhood Business Commercial West Convenience Gas GB, General Business GC, General Commercial Station GB, General Business GC, General Commercial Power Transfer Station GB, General Business GC, General Commercial Undeveloped The primary issue for compatibility of these two sites is providing for an appropriate transition to the single family residential areas to the east of the subject sites. Given the change in elevation between Site A-I and the residential uses to the east (which are lower), attention must be given to the orientation of any use and providing for an appropriate transition. Traffic generated by any use of the property may also be an issue as 138th Lane and 139th Lane, which abut the property, are local streets that provide direct access into the neighborhood to the east. The wooded nature of Site A-2 provides a means to buffer the surrounding residential uses, as ; does the location of Bunker Hills Park. Again, topography issues on this property may serve to Page 7 Areas designated for General Commercial land uses are intended to provide for a wide variety of , commercial activities on a larger, more intense scale than Neighborhood Commercial areas. I Therefore, it may be expected that the area west of Hanson Boulevard would develop a range of uses that adequately serve the population within the immediate trade area. An area southwest of the Hanson Boulevard and Bunker Lake Boulevard intersection is the subject of a specific redevelopment plan that would include community commercial, office, and entertainment uses. Designation of Neighborhood Commercial uses east of Hanson Boulevard may lead to development that is an expansion of the General Commercial area and more intense than intended by the Comprehensive Plan. Access Site A-I has frontage to Hanson Boulevard, 138th Lane, and 139th Lane. Site A-2 has frontage on Hanson Boulevard and 139th Lane. Hanson Boulevard is a two-lane road therefore, a use that generates significant traffic may necessitate construction of turn lanes in order to avoid disrupting traffic. 13Sth and 139th Lanes are local streets that primarily provide access to residential neighborhoods east of the subject sites. The ability of these streets to carry significant traffic is limited and may be disruptive to residential uses to the east. (AREA A MAP) \ I -. - \ \ Study Area A (i) i1llT1\D 0 500 Feet , \ Page 8 , The Anoka County 2015 Transportation Plan designates Hanson Boulevard (CSAH 78) as a "A" J Minor Arterial Street. Under the Anoka County functional classification system, the emphasis of minor arterial roadways is on mobility rather than land access. The plan specifies that direct land access within the MUSA is to be limited to concentrations of commercial or industrial uses. Access to Hanson Boulevard is subject to approval of Anoka County. Any access to 138th Lane and 139th Lane would need to be setback 60 feet from the Hanson Boulevard intersection, per Section 8.08.E.3 of the Zoning Ordinance. This would allow stacking distance for only three or four cars at the intersection. Shifting the any access to the local streets farther west has the effect of moving traffic closer to the established neighborhoods. Utilities Area A-I and A-2 sites are with the City's current 2020 Municipal Urban Service Area (MUSA) and are within the existing gravity flow service area for sanitary sewer. Development of Sites A-I and A-2 with commercial uses may present land use compatibility challenges based upon their physical characteristics, traffic generation, and surrounding land uses. Further, the development of these sites with commercial uses may attract patrons from beyond the surrounding area due to business interchange with the planned general commercial area to the west of Hanson Boulevard. The location of these sites at the periphery of a larger commercial area may increase the intensity ofa commercial land use on Sites A-lor A-2 beyond -- scope of neighborhood commercial uses anticipated by the Comprehensive Plan. Staff Recommendations In order to address compatibility with the surrounding residential uses, the City shall consider redesignating the sites for dual land use designations on a given piece of property (i.e. Urban Residential Medium Density (URM) and/or Limited Commercial (LC) on the Comprehensive Plan Land Use map). A medium density residential land use would serve to buffer the existing residential uses to the east from traffic on Hanson Boulevard and planned intensive commercial uses to the west as encouraged by the Comprehensive Plan's stated objectives. Existing residents would not be deprived of shopping opportunities as a result of a land use change for Sites A-I and A-2 given the scope of the general commercial land use designation defined by the Comprehensive Plan. However, these two sites may present an opportunity for Limited Business (LB) as a transition between the residential areas and commercial area west of Hanson Boulevard. These two sites may be appropriate for designation as a reconstituted LB District, eliminating potentially intensive retail commercial use. Under such a scenario, the City would look for development of an office use similar in scale and intensity to the medical clinic located at the southeast corner of Hanson Boulevard and 138th Street. Page 9 Area C _ Crosstown Boulevard and 141st Lane Existine: Conditions Area C consists of one undeveloped parcel located along Crosstown Boulevard between 141 sl Land and 142nd Avenue. The City's 1991 Comprehensive Plan guided the property for Residential - Urban Single Family Use. The current Comprehensive Plan guides the site for Neighborhood Commercial. However, the property is zoned R-4, Residential Urban Single Family District, but a PUD allows for commercial use. The site is within one mile of the NB District commercial area at Crosstown Boulevard and Bunker Lake Boulevard. The property is flat with no existing vegetation. The following table illustrates the dimensions of Site C-l: Lot Area Lot Width Lot Depth I Site C-l 2.8ac. 300ft. 550ft. Surroundine: Land Uses Site c-t is surrounded on all sides by developed single family uses. The single family uses to the north and south are separated from Site C-l by local streets, but the residences face the subject site. The site abuts the rear yards of the single family uses to the east. The single family uses to , the west are across Crosstown Boulevard with rear yards adjacent to the roadway. Existing Use Existing Zoning Comprehensive Plan Land Use North Single Family Residential R-4, Single Family- URL, Urban Residential LD Urban East Single Family Residential R-4, Single Family- URL, Urban Residential LD Urban South Single Family Residential R-4, Single Family- URL, Urban Residential LD Urban West Single Family Residential R-4, Single Family- URL, Urban Residential LD Urban The character and configuration of surrounding land uses raises question as to the planned neighborhood use of Site C-l. The only physical feature that exists to provide a transition between a commercial use and the surrounding single family uses is a small earth berm along the easterly property line. (AREA C MAP-On following page) Study AreaC I 00 0 500 Feet r- I , J , , : , , . : , , , : , i i /0 Page 11 Access I Site C-l has frontage to Crosstown Boulevard, which is designated as a "B" minor arterial by the Anoka County Transportation Plan. Direct property access to minor arterial roads is to be limited except for concentrated commercial nodes, whereas this site is a single isolated property. Access to Crosstown Boulevard from Site C-l is subject to review and approval by Anoka County. Site C-l also has frontage to 14151 Lane and 142nd A venue, which are local streets. As noted above single family residential uses have direct access to these streets across from the subject site. Directing commercial traffic onto these streets to access Site C-l may be intrusive to the established residential character of the area. Utilities Site C-l is within the 2020 MUSA and existing gravity sewer service boundaries. Municipal water service is also available to the property. Recommendations The area surrounding Site C-l has developed with an urban single family character. The introduction of a commercial use on this site could be incompatible within this area due to its existing character and lack of physical features to create a transition. As noted in previous / sections, the Comprehensive Plan discourages commercial development away from concentrated nodes or major intersections to avoid intruding into residential areas. Staff recommends that the Land Use Plan be amended to designate Site C-l for Urban Residential Low Density (URL) land use to use of the site with a use that is compatible with the surrounding area. The consultant's original recommendation was to allow either Low Density Residential or Medium Density Residential. Due to the nature of the surrounding area being all low density residential, it is desirable to only place a land use guiding of Low Density Residential on the property. Also, the current zoning of the property is R-4, therefore, the URL land use designation is appropriate for the site. Area D _ Crosstown Boulevard and Crosstown Drive Existinl! Conditions Area D includes one undeveloped parcel located on the south side of the Crosstown Boulevard and Crosstown Drive intersection. The parcel was guided for commercial land use under the City's 1991 Comprehensive Plan and is currently guided for NC, neighborhood commercial use by the current Comprehensive Plan. The property is zoned NB District. Page 12 Potential development of the site is likely severely limited because of a wetland to the south and west, which limits the depth of the parcel. The elevation of the parcel is also below the grade of the adjacent roadways. The following table illustrates the dimensions of Site D-l: Lot Area Lot Width Lot Depth \SiteD-l 5.2 ac. 1,100 ft. 380 ft. Surroundinl! Land Uses The area surrounding Site D-l is described by the following table. There are single family uses fronting Crosstown Drive across from the property to the west and multiple family buildings to the south acrosS a large wetland. The parcel guided for public use and zoned NB District east of Crosstown Boulevard and north of 139th Avenue is develoJ'ed with a single family residence. The parcel east of Crosstown Boulevard and south of 139 Avenue guided for Neighborhood commercial use and zoned NB is developed with a fire station. Existing Use Existing Zoning Comprehensive Plan Land Use North Single Family NB, Neighborhood Public Residential Business URL, Urban Residential LD R-4, Single Family Urban East Fire Station NB, Neighborhood NC, Neighborhood Business Commercial South Wetland Multiple Residential M-2 Multiple Residential URM, Urban Residential MD West Single Family R-4, Single Family Urban URL, Urban Residential LD Residential (AREA D MAP) - Study Area 0 Cl) 0 500 Feet ~ , -. -~ Page 13 , Other convenience commercial nodes exist less than one-half mile beyond the immediate area at the intersections of Crosstown Boulevard and Bunker Lake Boulevard and at Crosstown Drive and Bunker Lake Boulevard. The area southeast of Crosstown Boulevard and Bunker Lake Boulevard is designated as a general commercial area meaning a broad range of commercial goods and services may potentially be available. Access Site D-l has frontage to Crosstown Drive and Crosstown Boulevard, which are both two-lane roadways. The intersection of these two roadways is at a curve section on Crosstown Boulevard and is aligned with 139th Avenue to the east. Dedicated right turn lanes from south Crosstown Boulevard to south Crosstown Drive and from north Crosstown Drive to south Crosstown Boulevard are provided. Crosstown Boulevard (County Road 18) is designated as an existing and 2015 "B" minor arterial street by the Anoka County Transportation Plan. Direct lot access to land from minor arterials is to be limited, except for concentrated commercial nodes. Access to Site D-l from Crosstown Boulevard may be problematic due to spacing needs from the Crosstown Drive intersection and curvature of Crosstown Boulevard. Access to Crosstown Boulevard is subject to review and approval of Anoka County. Crosstown Drive is a local street. Single family residential lots have direct access along the west , side of the roadway. Access to the Site D-l from Crosstown Drive for a commercial use may be difficult due to the design of the Crosstown Boulevard and Crosstown Drive intersection, as well as the severely limited buildable area of the subject site. Any access to the site would need to align with Yukon Street on the west side of Crosstown Drive to avoid off-set intersections and potential conflicts. Utilities Site D-l is within the City's 2020 MUSA and is within the current gravity sewer service boundary. Municipal water service is also available to the property. Other Chanl!:es That Are Needed Staff has found that there is one property in the vicinity of site D-l that needs to have a change of and use from Neighborhood Commercial to Urban Residential Low Density. That site is located at the northeast corner of 139th and Crosstown Boulevard. This property is currently occupied by a single family home. The proper land use guiding for the property should be for low density residential, not commercial development and should be taken care of at this time. Staff Recommendations The development potential of Site D-l is severely limited due to the large wetland area adjacent , to the property and design of streets serving the property. Development of a commercial use on Page 14 the property is not recommended given the residential character of the area immediately to the west , and access issues related to streets serving the property. \ The proximity of neighborhood commercial and general commercial uses Crosstown Drive/ Bunker Lake Boulevard and Crosstown Boulevard/Bunker Lake Boulevard limits the market for commercial use of Site D-l because of business interchange within a larger commercial node or business interception of patrons traveling on Bunker Lake Boulevard or north on Crosstown Boulevard. Although the current Comprehensive Plan and Zoning Map would anticipate neighborhood commercial uses east of Crosstown Boulevard, these properties have not developed with commercial uses, limiting the size of a commercial node at this intersection. The City should amend the Land Use plan to change the designation of the land use northeast of Crosstown Boulevard and 139th A venue from Public to Urban Residential Low Density to reflect the nature of the surrounding areas and the current use of the property. The Land Use map should also be amended to change the designation of the property southeast of Crosstown Boulevard and 139th Street to Public reflecting the location of the Fire Station. Corresponding changes to the Zoning Map should also be made for these two parcels. Planning Commission Recommendations The Planning Commission discussed the issues III great detail and agreed with all the recommendations contained in this report. ACTION REOUESTED I In summary, staff recommends the City Council approve the following changes to the Land Use Plan: . Various changes in the text of the commercial land use designations to enable use of the Limited Commercial (LC) and Neighborhood Commercial (NC) Land Use designation to be utilized in guiding of individual properties. . Change the land use guiding to allow for a dual land use guiding for sites A-I and A-2 to Limited Commercial (LC)/ Urban Residential Medium Density (URM). . The Land Use map should also be amended to change the designation ofthe property southeast of Crosstown Boulevard and 139th Street to Public reflecting the location of the Fire Station. . Change the land use guiding for Site C-l to Urban Residential Low Density (URL). . Change the land use guiding for Site D-l to Urban Residential Low Density (URL). Respectfully submitted, Will Neumeister ~~ Attachments Planning Commission Minutes Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 22 I Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Ordinance No.8, an Ordinance Amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 5-ayes, O-nays, 2- absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. ~ 8. PUBLIC HEARING: AMEND THE COMPREHENSIVE LAND USE pLAN TO CHANGE LAND USE DESIGNATIONS FOR VARIOUS PROPERTIES IN THE CITY. ALSO CONSIDERATION WILL BE GIVEN TO ADD A NEW CATEGORY OF LIMITED COMMERCIAL (LC) TO THE LAND USE DESIGNATIONS TO ESTABLISH OFFICE PARK AREAS IN THE CITY. ALSO CONSIDER ALLOWING SOME SITES TO HAVE A DUAL LAND USE DESIGNATION, SUCH AS LCIURM TO ALLOW THE SITE TO BE ZONED FOR EITHER OFFICES OR FOR MEDIUM DENSITY RESIDENTIAL. Mr. Neumeister stated that the Commission held a workshop meeting on April 9, 2002 where the Neighborhood Business District study was presented by staff. The report and discussion focused on the various changes needed in both the Comprehensive Plan and the Zoning Ordinance to implement the study recommendations. This report focuses on I the portions of the NBD study that detail the changes needed in the Land Use Plan to allow the zoning changes to be implemented. The City recognizes the need for commercial and industrial uses within the community to provide a broad range service and employment opportunities for residents, and also to support local tax base. However, an over-riding priority is development of cohesive land use patterns that establish compatible uses for surrounding areas. For the most part, these zoning designations were established prior to the most recent 2001 Comprehensive Plan Update. Continued growth and development within the City has evolved its character to the extent that the appropriateness of some of the neighborhood business locations should be reviewed. To evaluate the various neighborhood business locations, the City must consider the general philosophy for neighborhood commercial locations; appropriate land uses types, scale and performance standards, and site issues such as surrounding land uses, traffic generation, and public facilities. The staff report and the Neighborhood Business District study are intended to evaluate the City's goals for neighborhood commercial land use and neighborhood business zoning designations based upon current City policies and various area or site characteristics. The end result of this evaluation is to make recommendations as to potential changes to the Comprehensive Plan, Zoning Map and Ordinance. Acting Chair Daninger mentioned that the word "care" on page 4 under Neighborhood Commercial, could be interpreted a number of ways. Mr. Neumeister suggested using the words "design review" instead. / -/)~ Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 23 Commissioner Hedin agreed on going with a low-density land use for the area. , / Motion by Greenwald, seconded by Hedin, to open the public hearing at 10:39 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Mr. Neumeister stated that staff did receive one phone call in regards to Site D-l. The recommendation from the neighborhood is low density residential. Grant Rademacher, representing the Homeowners from Kensington Estates, mentioned that he has a number of potential buyers for two different sites. He questioned the number of units per acre allowed between single-family and medium-density. Mr. Neumeister stated the density numbers that are allowed. There was no further public input. Motion by Hedin, seconded by Greenwald, to close the public hearing at 10:44 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Acting Chair Daninger questioned the Commission if everyone is comfortable with Limited Commercial. The Commission proposed no changes. Acting Chair Daninger suggested the wording change on page 4 from "care" to "design review". Commissioner Kirchoff stated that he's comfortable with changing the Limited Commercial to urban residential low density. Mr. Neumeister stated that it would be labeled LC/URL. Mr. Bednarz mentioned that it isn't appropriate for the City to raise the density to medium-density at this point; therefore this decision can be made at a later date. Acting Chair Daninger stated that on page 11 the recommendation by staff is to change it to low density. Commissioner Hedin questioned what is the highest density surrounding the area. Mr. Bednarz stated that the area is surrounded by low density. Commissioner Hedin questioned the reason it would be changed in the future. Mr. Bednarz stated that he isn't sure it would even be changed. The Commission agreed with low density. Mr. Neumeister recommended low density residential on page 13. Acting Chair Daninger summarized the changes. On page 3, the commission is in agreement with the Limited Commercial language. On page 4, change the wording from I -I' or Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes-May 28,2002 Page 24 "care" to "design review". On page 8, the Commission is recommending the change to , LC/URL. On page 11, the Commission is recommending a change to low density. On page 13, the Commission is recommending a change to low density. Mr. Neumeister stated that staff is recommending the Commission adopt the language at the bottom of page 5 and the top of page 5 as the goals and objectives. The Commission agreed with the language on page 4 and 5 stated as the goals and objectives. Motion by Greenwald, seconded by Gamache, to recommend to the City Council Amending the Comprehensive Land Use Plan to change land use designations for various properties in the City, the recommendations are as follows: 1. On page 3, the Commission is in agreement with the Limited Commercial language. 2. On page 4, change the wording from "care" to "design review". 3. On page 8, the Commission is recommending the change to LC/URL. 4. On page 11, the Commission is recommending a change to low density. 5. On page 13, the Commission is recommending a change to low density. 6. On page 4 and 5 adopt the goals and objectives as presented. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. / 11. PUBLIC HEARING: AMEND THE OFFICIAL ZONING MAP TO REZONE PROPERTY FROM NEIGHBORHOOD BUSINESS (NB) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED IMMEDIATELY SOUTH OF THE INTERSECTION OF CROSSTOWN BOULEVARD AND CROSSTOWN DRIVE. Mr. Bednarz explained that this item follows the recommendations of the Neighborhood Business study concerning undeveloped property containing a significant wetland located immediately south of the intersection of Crosstown Boulevard and Crosstown Drive. He stated that the subject property is currently zoned Neighborhood Business (NB). The property is likely unbuildable due to the large amount of wetland on the property. The property is owned by the City. The consultant's recommendation is to rezone the property to Multiple Dwelling (M-2) based on the assumption that this district may allow some use to be made of the property. While this may be true, it's important to note that the City doesn't rezone property to medium or high-density designations without a rezoning contract. Therefore, it's recommended that the site be rezoned to Single Family Urban Residential (R-4) to match the zoning of contiguous property to the south and adjacent property to the west. -11- @ CITY OF ANDOVER I 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 Administratov,f'V FROM: Will Neumeister, Community Development Director ~ SUBJECT: Amend City Zoning Ordinance, consider the Neighborhood Business District Study Recommendations. DATE: June 18,2002 INTRODUCTION The Planning Commission held a workshop meeting on April 9, 2002 where the Neighborhood Business District (NBD) study was presented by staff. The original report and discussion focused on the various changes needed in both the Comprehensive Plan and the Zoning Ordinance to implement the study recommendations. This report more closely focuses on the portions of the NBD study that detail the changes needed in the language in the Zoning Ordinance for the necessary changes to be implemented. DISCUSSION For the most part, the current zoning designations and language in the Zoning Ordinance were established prior to the most recent 2001 Comprehensive Plan update. Continued growth and development within the City has evolved its character to the extent that the language that is currently in the Zoning Ordinance should be reviewed. In making these changes, the City must consider the general philosophy for neighborhood commercial locations, appropriate land use types, scale and performance standards, and site issues such as surrounding land uses, traffic generation, and public facilities. To this end, this report and the Neighborhood Business District study are intended to evaluate the City's goals for neighborhood commercial land use and neighborhood business zoning designations based upon current City policies and various area or site characteristics. Again, the end result of this evaluation is to make recommendations as to potential changes to the Zoning Ordinance. ZONING ORDINANCE The City of Andover adopted and administers a Zoning Ordinance for the purpose of implementing its Comprehensive Plan to protect public health, safety, convenience, and general welfare based upon public service capacity, land use compatibility, and growth management principals. Page 2 The Zoning Ordinance establishes various Zoning Districts and a Zoning Map that includes four J business districts: LB - Limited Business NB - Neighborhood Business SC - Shopping Center GB - General Business Staff recommends that the City maintain its Limited Business (LB) District. Given the range of uses presently allowed and proposed to be allowed within the NB District, the use of this designation in close proximity to developed residential areas may be problematic. With slight revisions, the LB District would provide the City an option to designate sites for uses that may be more appropriate in sensitive areas. The key element to making this concept work is the removal of both "Retail Trade and Services" and "Twenty-four hour continuous operations" from the LB district. PURPOSE STATEMENTS Using a four tiered approach to commercial zoning districts, the purpose of each district is defined as follows: LB -- Limited Business The Limited Business District is to provide for the establishment of buffer uses adjacent to residential areas. NB -- Neighborhood Business The Neighborhood Business District is intended to provide for the establishment of low to moderately intense retail, office, or service activities that deal directly with the customer for whom the goods and services are furnished. The implementation of this district is to provide goods and services on a limited community market scale and located in areas generally served by collector or arterial streets at the edge ofresidential districts not served by other commercial areas designated by the Comprehensive Plan. SC -- Shopoing Center The Shopping Center District is to provide for land in single ownership or unified control for the purpose of developing a planned shopping center with a unified and organized arrangement of buildings and service facilities at locations well served by collector or arterial streets as designated by the Comprehensive Plan. GB General Business The General Business District is intended to provide for the establishment of commercial retail, office, and service activities that draw from and serve patrons from the entire community or region in areas designated for General Commercial Use by the Comprehensive Plan: Page 3 Based on the Neighborhood Business District study, staff and the consultant recommend amending the / Zoning Ordinance to consider the following changes: . Removing "Service Stations" and "Twenty-four hour continuous operations" from uses allowed as Special Uses in the Limited Business (LB) Zoning District . Exclude "Service Stations" from the retail trade and services definition from uses allowed in the Neighborhood Business (NB) Zoning District. . Add language to the Neighborhood Business (NB) Zoning District that would limit service stations in this zone to sites that are two acres or larger as a Special Use. The following language currently exists in the Zoning Ordinance; suggested changes that are shown above are proposed to be enacted by the following changes in the Zoning Ordinance (cross out -delete; or underlining-new): Limited Business (LB) Zoning District Of these four commercial districts, the LB District is intended to provide buffer uses adjacent to residential areas that do not create significant traffic issues or noise and odors. To this end, the LB District allows for the following: Permitted Uses (Section 7.01 of the Zoning Ordinance): Parks. Public elementary, junior and senior high schools. Public owned and operated property except as herein amended. Public utility uses for local service when located within public right-of-way. All other public utility uses require a special use permit. Barber Shops, Beauty Salons and Tanning Studios Business Schools Day Care Centers Financial Institutions Medical and Dental Clinics Mortuaries and Funeral Homes Professional Offices Professional Studios Rest Homes and Nursing Homes Veterinary Clinics (no outside pens or animal storage). Permitted Accessory Uses (Section 7.02 of the Zoning Ordinance): Any incidental repair, process, and storage necessary to conduct a permitted principal use but not to exceed thirty (30%) percent of the floor space ofthe principal building. Page 4 Special Uses (established by Section 7.03 of the Zoning Ordinance and which require , processing ora Special Use Permit pursuant to Section 5.03 of the Zoning Ordinance): Churches Restaurants Retail Trade aRd Services (Staff recommends removal of this as a Special Use). Twenty-four hour continuous operation of Medical Clinics pCffflitted uses. (Staff recommends rewriting this to eliminate the broad category of permitted uses, but allowing medical clinics due to the fact that one currently exists where LB is proposed). Neighborhood Business (NB) Zoning District Of these four commercial districts, the NB District is intended to provide the framework for development of the properties designated on the Comprehensive Plan Land Use map for Neighborhood Commercial (NC) land uses. As stated in Section 6.01 of the Zoning Ordinance, the NB District is to provide uses for retail sales and services at such a scale as to serve the surrounding neighborhood's needs. To this end, the NB District allows for the following: Permitted Uses (Section 7.01 of the Zoning Ordinance): Parks. Public elementary, junior and senior high schools. Public owned and operated property except as herein amended. Public utility uses for local service when located within public right-of-way. All other public utility uses require a special use permit. Day Care Centers Financial Institutions Medical and Dental Clinics Mortuaries and Funeral Homes Professional Offices Professional Studios Restaurants Retail Trade and Services except service/fuel stations (staff is recommending adding the language to more closely control the locations and conditions under which they will be allowed). Twentv-four hour continuous operation of permitted uses. (Staff recommends adding this because it seems appropriate since it was listed in the Limited Business District but is now proposed to be more restrictive). Permitted Accessory Uses (Section 7.02 of the Zoning Ordinance): Any incidental repair, process, and storage necessary to conduct a permitted principal use but not to exceed thirty (30%) percent ofthe floor space of the principal building. Page 5 Special Uses (established by Section 7.03 of the Zoning Ordinance and which require \ processing of a Special Use Permit pursuant to Section 5.03 of the Zoning Ordinance): I Outdoor display only during operating hours Service Station after minimum 2,000 sq. ft. of retail floor space is constructed provided the site is two acres or larger). (staff recommends adding this language to limit the sites to two acres or larger to prevent the introduction of a service station on a piece of land that currently is zoned NB and is under two acres in size. This particular site is adjacent to a residential area that would be negatively impacted from such a use and by making this change would allow the other existing businesses to stay without making them non-conforming). Veterinary Clinic or Pet Hospital with no outside pets Various options to consider--The range and character of uses allowed within the NB District are generally within the intent ofthe Comprehensive Plan to provide uses oriented to a small neighborhood trade area. It is noted however, that the uses are fairly generalized with no limitation placed on the scale of the businesses. Also, certain uses allowed in the Neighborhood Business District may have inherent characteristics that make them inappropriate for the NB District. In reviewing the list of uses, restaurants as a permitted use and service stations as a special use may raise some issues of compatibility. Both of these uses are potentially intensive uses that may create a negative impact to a specific area due to their character. Restaurants--To address this issue relative to restaurants, the City may consider a number of options. First, the City may consider whether such uses should remain in the NB District, and if they do remain at what scale. The City should include definitions of various restaurants within the Zoning Ordinance and specify in which zoning districts such uses are allowed. It is common for cities to distinguish sit- down or family type restaurants, convenience (fast food) restaurants, and take-out and delivery only food services. The basis for such distinction is the differences in activity generated by each use. Convenience food uses typically generate more activity, thereby increasing potential impacts, due to the quick customer turnover of their business. In creating more specific categories of restaurants, Andover may better define which types of businesses are appropriate for the NB District. Lastly, the City may also consider making restaurants a Special Use within the NB District to allow for greater oversight and review of any development proposal. It is recommended that if the Council desires to go into this in further detail, a separate discussion and report will be needed to go over the various nuances and determine ifthe changes are needed or not. Service Stations--The allowance of service stations within the NB District may also create potential negative impacts for adjacent properties (especially residential uses) due to the character of these developments and typically high levels of traffic generation. It is recommended that they be allowed as a Special Use in the NB District provided their site is two acres or larger. The decision as to whether these uses are appropriate within the NB District is a policy issue to be decided by City officials. However, several of these uses have intensive characteristics that may present compatibility issues with surrounding residential uses. If these more intensive uses are to be allowed, it should only be as a Special Use. In establishing various Special Uses, the City should prepare specific performance standards to address potential negative impacts unique to the respective use. present compatibility issues with surrounding residential uses. If these more intensive uses are to be allowed, it should only be as a Special Use. In establishing various Special Uses, the City should prepare specific performance standards to address potential negative impacts unique to the respective " use. Page 6 Special Uses are typically regarded as those activities which may be appropriate in a given location provided that measures are taken to mitigate certain characteristics of the use that may result in compatibility issues with surrounding uses. A Special Use is to be approved subject to certain conditions meant to ensure compatibility which may be subject to continued review or modification over time as the use or area changes. Given the intensity of the uses conditionally allowed within the present NB District, the administration and performance standards section of the Zoning Ordinance take on greater importance. It may be something that should be considered in the Zoning Ordinance update that is slated for next year. Planning Commission Recommendation The Planning Commission unanimously recommended the changes shown above be incorporated into the Zoning Ordinance. ACTION REOUESTED Staff requests the City Council to approve the following proposed changes to the Zoning Ordinance: . Retaining the Limited Business (LB) Zoning District. . Removal of both "Retail Trade and Services" and "Twenty-four hour continuous operations" from ; the Special Uses in the Limited Business (LB) district. . Removing "Service Stations" and "Twenty-four hour continuous operations" from uses allowed as Special Uses in the Limited Business (LB) Zoning District. However, since there is a clinic already located in one of the LB districts, it is proposed to allow "Twenty-four hour continuous operations for medical clinics. . Exclude "Service Stations" from the retail trade and services definition from permitted uses in the Neighborhood Business (NB) Zoning District. . Making service stations a Special Use in the Neighborhood Business (NB) Zoning District on sites that are two acres or larger. Lastly, during the initial study of the Neighborhood Business Districts, the consultant pointed out that there are potential negative impacts from some types of restaurants (i.e..fast food) and other uses that are Special Uses. It was suggested that maybe further study should be given them. If so, a separate report should be prepared at a future date to deal with the potential changes to the administration and performance standards sections of the Zoning Ordinance. If the Council is interested in having staff conduct this further study and incorporate this into the Zoning Ordinance update, staff asks the Council to provide direction. Respectfully submitted, ttd4 dd~,,== -- Will Neumeister / Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 18 , .. 9. PUBLIC HEARING: AMEND THE ZONING ORDINANCE TO CONSIDER THE CHANGES TO NEIGHBORHOOD BUSINESS AND LIMITED BUSINESS ZONING DISTRICTS. 10. PUBLIC HEARING: AMEND THE OFFICIAL ZONING MAP TO REZONE PROPERTY FROM NEIGHBORHOOD BUSINESS (NB) TO LIMITED BUSINESS (LB). THE SITE IS LOCATED EAST OF HANSON BOULEVARD, NORTH OF 138TH LANE. Mr. Neumeister explained that the Commission held a workshop meeting on April 9, 2002 where the Neighborhood Business District (NBD) study was presented by staff. The original report and discussion focused on the various changes needed in both the Comprehensive Plan and the Zoning Ordinance to implement the study recommendations. This report more closely focuses on the portions of the NBD study that detail the changes needed in the language in the Zoning Ordinance for the necessary changes to be implemented. Mr. Neumeister stated that the current zoning designations and language in the Zoning Ordinance were established prior to the most recent 2001 Comprehensive Plan update. Continued growth and development within the City has evolved its character to the extent that the language that is currently in the Zoning Ordinance should be reviewed. In making these changes, the City must consider the general philosophy for neighborhood / commercial locations, appropriate land use types, scale and performance standards, and site issues such as surrounding uses, traffic generation, and public facilities. Up to this point the staff report and the Neighborhood Business District study are intended to evaluate the City's goals for neighborhood commercial land use and neighborhood business zoning designations based upon current City policies and various area or site characteristics. The end result of this evaluation is to make recommendations as to potential changes to the Zoning Ordinance and map. Mr. Neumeister went on to review the Zoning Ordinance and what purpose it serves. He stated that staff recommends the City maintain its Limited Business (LB) District. Given the range of uses presently allowed and proposed to be allowed within the NB District, the use of this designation in close proximity to developed residential areas may be problematic. With slight revisions, the LB District would provide the City an option to designate sites for uses that may be more appropriate in sensitive areas. The key element to making this concept work is the removal of both "Retail Trade and Services" and "Twenty-four hour continuous operations" from the LB District. Item 10 follows the recommendations of the Neighborhood Business Study concerning two undeveloped properties located on the east side of Hanson Boulevard both north and south of 139th Lane. The subject property has been zoned Neighborhood Business for many years. During this time, the surrounding property has developed with single-family .' -'(- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 19 residential housing. This neighborhood also shares access to Hanson Boulevard with the subject properties. The neighborhood business district allows a wide variety of commercial land uses. Some of these uses are not appropriate for a commercial property that abuts a single-family residential neighborhood. Times and conditions have changed to such an extent that rezoning ofthe property is appropriate. As discussed with the Comprehensive Plan Amendment concerning these properties, either light commercial or medium density residential land uses are appropriate for this site. Due to the fact that the City doesn't zone property for either medium or high density residential land uses without a rezoning contract, a rezoning to one of these zoning districts would only occur during the review of a specific project. It's recommended that the subject properties be rezoned to Limited Business Zoning District with the understanding that under a dual land use designation (LC/URM), the opportunity to rezone the property for a residential land use still exists. Motion by Kirchoff, seconded by Hedin, to open the public hearing on Item 9 at 9:56 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Motion by Hedin, seconded by Gamache, to open the public hearing on Item 10 at 9:57 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Jim Miller, 1458 138th Lane, spoke on behalf of the Hills of Bunker Lake Homeowners Association. He commended the Commission for addressing this issue. He questioned / why staff is recommending changing the zoning to Limited Business instead of residential. Mr. Bednarz explained that a residential zoning would have the same types of uses as well, therefore if a residential developer were interested they would come before the Commission to request a contract rezoning. Limited Business would narrowly identify what can go on the two sites. Pat Fugena, 1511 138th Lane NW, stated that she lives three houses east of Site A-I and all seven of the residents present live within a block of Site A-I. She stated that they feel the report is a major step forward on how the property should be used. They support the rezoning from Neighborhood Business to Limited Business. She mentioned that it appears the rezoning classification will address all of their concerns. They have feel that a gas station would create a lot more traffic in the area, therefore adding to the congestion. She stated that they support this change. Joyce Twistol, 1518 139th Lane, stated that she is also part of the Hills of Bunker Lake Homeowners Association. She stated that they are representing over 300 homes. She thanked the Council for ordering the study. She mentioned that they are very pleased with the results and the transition proposed. She encouraged the Commission to think about what they would like to be on the site. Finally their focus is to be a good neighbor and they would like anyone who were to develop the sites to be good neighbors. / -8- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 20 Commissioner Gamache questioned what affect the rezoning would have on the Special I Use Permits that might occur on the property. Mr. Bednarz stated that the zoning itself wouldn't affect any Special Use Permits. There was no further public input. Motion by Gamache, seconded by Kirchoff, to close the public hearing on Item 9 at 10:02 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Motion by Hedin, seconded by Kirchoff, to close the public hearing on Item 10 at 10:02 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Commissioner Hedin questioned if there is wetland to the east of the most northern lot. Mr. Bednarz stated that the zoning of this property is R-4 and a large portion of it is wetland. Commissioner Hedin questioned if the lot is separate. Mr. Bednarz stated yes. Commissioner Greenwald stated that he supports staffs recommendation. He stated that he would rather see a special use brought before the Commission or a variance for other circumstances. Mr. Neumeister stated that someone could bring forth a variance request if necessary. Commissioner Greenwald stated on the ones that are being changed to Limited Business the Commission could construct "medical or dental clinic". Mr. Neumeister stated that that is correct. Commissioner Greenwald stated that this would also eliminate a school from being built there. Mr. Neumeister stated that that is correct. Acting Chair Daninger stated that staff is recommending the Commission discuss the restaurant issue at a later time. Mr. Neumeister stated that the Commission will need to clarify at some point what types of restaurants would be permitted. Acting Chair Daninger stated that another issue to be discussed in the future is general performance standards. The Commission agreed to post-pone this issue as well. Commissioner Hedin questioned the reason staff wants to keep schools out of the Neighborhood Business District. Mr. Neumeister stated that traffic concerns are primarily the reason. Commissioner Hedin questioned what district is appropriate for schools. Mr. Bednarz stated that they are permitted uses in any residential district. - 7- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 21 Commissioner Kirchoff questioned where it is that schools have been stricken from the ordinance. Mr. Neumeister stated that it hasn't been stricken, but instead is something for the Commission to think about. Commissioner Hedin questioned if the City differentiates between public and private schools. Mr. Neumeister stated that private schools fall into the same category as public schools. Commissioner Gamache suggested taking it out so if there's a request they would have to come before the Commission as a special use because of the traffic concerns. Commissioner Greenwald agreed that it should be a special use. Acting Chair Daninger stated that the consensus of the Commission is to strike out schools on page 4, under "Permitted Uses" and instead have it as a Special Use Permit request. Commissioner Hedin stated that he supports going with the Limited Business District. He agreed with removing "retail trade and services" under special uses, and including it under permitted uses and including the language "except service/fuel stations. He also agreed with adding language to the Neighborhood business Zoning District that would limit service stations in this zone to sites that are two acres or larger as a Special Use. Finally removing private and public schools from permitted uses. Commissioner Hedin suggested the Commission discuss at a future date the restaurant clarification. He also recommended taking out the mining/land reclamation under Special Uses of the Neighborhood Business District. Motion by Hedin, seconded by Greenwald, to recommend to the City Council approval of amendments to the Zoning Ordinance to allow for various language ch~nges recommended by the Neighborhood District Study, those changes are as follows: 1. Removing "retail trade and services" under special uses, and including it under permitted uses and including the language "except service/fuel stations. 2. Rewriting under Special Uses to state Twenty-four hour continuous operation of "Medical Clinics". 3. Adding language to the Neighborhood Business Zoning District that would limit service stations in this zone to sites that are two acres or larger as a Special Use. 4. Removing private and public schools from permitted uses. 5. Removing the mining/land reclamation under Special Uses of the Neighborhood Business District. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. -11- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 22 Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Ordinance No.8, an Ordinance Amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 5-ayes, O-nays, 2- absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. 8. PUBLIC HEARING: AMEND THE COMPREHENSIVE LAND USE PLAN TO CHANGE LAND USE DESIGNATIONS FOR VARIOUS PROPERTIES IN THE CITY. ALSO CONSIDERATION WILL BE GIVEN TO ADD A NEW CATEGORY OF LIMITED COMMERCIAL (LC) TO THE LAND USE DESIGNATIONS TO ESTABLISH OFFICE PARK AREAS IN THE CITY. ALSO CONSIDER ALLOWING SOME SITES TO HA VE A DUAL LAND USE DESIGNATION, SUCH AS LCIURM TO ALLOW THE SITE TO BE ZONED FOR EITHER OFFICES OR FOR MEDIUM DENSITY RESIDENTIAL. Mr. Neumeister stated that the Commission held a workshop meeting on April 9, 2002 where the Neighborhood Business District study was presented by staff. The report and discussion focused on the various changes needed in both the Comprehensive Plan and the Zoning Ordinance to implement the study recommendations. This report focuses on the portions of the NBD study that detail the changes needed in the Land Use Plan to allow the zoning changes to be implemented. The City recognizes the need for commercial and industrial uses within the community to provide a broad range service and employment opportunities for residents, and also to support local tax base. However, an over-riding priority is development of cohesive land use patterns that establish compatible uses for surrounding areas. For the most part, these zoning designations were established prior to the most recent 2001 Comprehensive Plan Update. Continued growth and development within the City has evolved its character to the extent that the appropriateness of some of the neighborhood business locations should be reviewed. To evaluate the various neighborhood business locations, the City must consider the general philosophy for neighborhood commercial locations; appropriate land uses types, scale and performance standards, and site issues such as surrounding land uses, traffic generation, and public facilities. The staff report and the Neighborhood Business District study are intended to evaluate the City's goals for neighborhood commercial land use and neighborhood business zoning designations based upon current City policies and various area or site characteristics. The end result of this evaluation is to make recommendations as to potential changes to the Comprehensive Plan, Zoning Map and Ordinance. Acting Chair Daninger mentioned that the word "care" on page 4 under Neighborhood Commercial, could be interpreted a number of ways. Mr. Neumeister suggested using the words "design review" instead. -11- @ I 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 Administratorj,7L/ Will Neumeister, Communitybevelopment DirectorwJI\. FROM: Courtney Bednarz, City Plarm~ SUBJECT: Consider Approval of Silver Meadows Preliminary Plat/16326 Verdin Street NW/Chenan Construction - Planning. DATE: June 18,2002 INTRODUCTION This item is a rural residential plat proposing to create eight properties from a forty acre parcel located north and west of the intersection ofCSAH 20 and Verdin Street NW. The City Council previously reviewed this proposal as a sketch plan on December 4th, 2001. DISCUSSION Planning Commission Recommendation The Plarming Commission unanimously recommended approval of the preliminary plat. The Commission requested a revised grading, drainage and erosion control plan to provide details for the trail connection and associated drainage. A revised plan has been submitted and reviewed by the Engineering Department. This plan is attached. Park And Recreation Commission Recommendation The Park and Recreation Commission recommended that park dedication be collected in lieu of land for the proposed plat. The Commission also requested a trail connection to Lund's North Park, which is included in the proposed project. 9.06 Lots Lots I and 2, Block 1 are below the 2.5 acre minimum lot size as indicated in the table below. Standard Requirement Proposed Lot 1, Block 1 Lot 2, Block 2 Lot Area 2.5 acres 2.33 acres 2.31 acres Lot width 300 feet 363 feet 363 feet Lot Depth 150 feet 280 feet 280 feet / These two lots are below the minimum lot size as a result of the roadway connection, (Wren Street) which consumes 33,000 square feet (.75 acres). The roadway connection was requested by the City to improve interior access and to eliminate one of the cul-de-sacs. The roadway cannot be moved further west to increase the size of these lots without affecting the buildable area for Lots 4 and 5, Block 2. It is recommended that variances to the minimum lot size be granted for Lots I and 2, Block 1. Buildability requirements of Ordinance No. 10 Section 9.06a(1) All lots are required to meet the provisions of Ordinance No. 10, Section 9 .06a(l) which relates to lot size and buildability requirements. The applicant has demonstrated that each of the lots will be buildable. The applicant has requested the ability to custom grade Lots 4 and 5, Block 2 to save trees adjacent to the wetland and prevent excess grading of the sites. This approach would be in lieu of the standard 150 foot by 150 foot (22,500 square foot) area that is typically graded flat, removing all of the vegetation in the process. It is recommended that custom grading oflots be permitted on Lots 4 and 5, Block 2. The applicant will need to work with the Engineering and Building departments to achieve the best results. The developer is also required to meet the following City Ordinances and all other applicable ordinances: Ordinance No.8, the Zoning Ordinance Ordinance No. 10, the Platting and Subdivision Ordinance Ordinance No. 107, Shoreland Management Ordinance Ordinance No. 108, Flood Plain Management Ordinance Ordinance No. 114, Wetland Buffer Ordinance Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy Coordination with other Agencies The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. Development Contract The development contract for this subdivision will cover grading, erosion control, street maintenance, sodding of boulevards, lighting, tree protection and the placing of iron monuments. A financial guarantee will ensure that these items are completed. Attachments Resolution Location Map Preliminary Plat 2 Grading Plan I Trail Plan Planning and Zoning Commission Minutes STAFF RECOMMENDATION Staff recommends approval of the proposed preliminary plat with variances to the minimum lot size for Lots I and 2, Block 1 and allowing custom grading of Lots 4 and 5, Block 2 under the direction of the City Engineer and Building Official. Cc: Chet Wieloch 4201 93rd Avenue N Brooklyn Park, MN 55443 I , 3 CITY OF ANDOVER I COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R -02 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "SILVER MEADOWS" FOR CHET WIELOCH LOCATED AT 16326 VERDIN STREET NW LEGALLY DESCRIBED AS; The northeast quarter ofthe northeast quarter, Section 16, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat. WHEREAS, the applicant has petitioned to vary from the 2.5 acre minimum lot size required in the Single Family Rural Residential Zoning District (R-l) for Lots 1 and 2, Block I, and; WHEREAS the applicant has requested a variance to Ordinance 10, Section 9.06 A.2 to allow I custom grading of Lots 4 and 5, Block 2 in lieu of the required 150 foot by 150 foot contiguous buildable land area, and; WHEREAS, the City Council finds that the special circumstances for the proposed project are as follows; 1. The City has requested a street connection within the proposed project that reduced the size of the subject lots below the minimum lot area requirement, and; 2. Custom grading of lots 4 and 5, Block 2 will save trees and help to achieve the intent of Ordinance 214, Tree Preservation, and; 3. Custom grading of Lots 4 and 5, Block 2 will prevent excess grading adjacent to a significant wetland, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow: 1. A Minimum Lot size of 2.3 acres for Lots 1 and 2, Block 1 within the proposed plat. 2. Custom Grading of Lots 4 and 5, Block 2 as approved by the City Engineer and Building Offi cial. .- 4 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 preliminary plat with the following conditions: 1. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 2. Contingent upon the approval of the Comprehensive Plan Amendment, Contract Rezoning and the Special Use Permit for the Planned Unit Development. If anyone of these applications or requests fails to be approved, in whole or in part, the preliminary plat shall be considered null and void. 3. Park dedication per Ordinance No. 10, Section 9.07. 4. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 5. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. Adopted by the City Council of the City of Andover this day of ,2002. CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor 5 - Silver Meadows ! - '~lmWrImmmmmnmm~mnm~~<y "'" "" 10111 15&7' "" "" "" "" ",., 1U81 , 1151'71 "" "" ~" ~" "" "" "" ~.. "" ~.. '116" "'" "'" -,.~ I 16337 "'" "'" "" '''' "" "" "" a.. "" "" ".. 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I \ I -<1- I ~ l I /' ! / UNAPPROVED MINUTES PLANNING AND ZONING COMMISSION MEETING - MAY 28,2002 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chair Dean Daninger on May 28,2002,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Acting Chair Dean Daninger, Commissioners Tim Kirchoff, Mark Hedin, Tony Gamache, and Rex Greenwald. Commissioners absent: Chairperson Jay Squires and Commissioner Douglas Falk. Also present: City Planner, Courtney Bednarz Associate Planner, D. Tyler McKay Community Development Director, Will Neumeister APPROVAL OF MINUTES May 14, 2002 Motion by Greenwald, seconded by Gamache, to approve the minutes as written. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. . PUBLIC HEARING: PRELIMINARY PLAT FOR A RURAL RESIDENTIAL PLAT TO BE KNOWN AS 'SILVER MEADOWS' CONTAINING EIGHT LOTS LOCATED AT 16326 VERDIN STREET NW. City Planner, Courtney Bednarz, explained that this item is a rural residential plat proposing to create eight rural properties from a forty-acre parcel located north and west of the intersection ofCSAH 20 and Verdin Street NW. The Commission previously reviewed this proposal as a sketch plan on November 13,2001. Ordinance 10, Section 7 outlines the requirements for preliminary plat review. The Commission is asked to determine whether the proposed subdivision is in conformity with the Comprehensive Plan and in conformance with City ordinances. Mr. Bednarz reviewed Ordinance 10, Section 9 that outlines the review criteria and standards used by the City during the review of plats. -/0,.. Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 2 Commissioner Kirchoff questioned if every lot would be 150' X 150'. Mr. Bednarz / explained that there would only be two lots reduced to the 150' X 150'. Commissioner Kirchoff questioned if Lots 5 and 6 would be the ones affected. Mr. Bednarz stated that that is correct. Mr. Bednarz explained that the reason for the 150' X 150' building pad is to save some of the trees. Motion by Greenwald, seconded by Kirchoff to open the public hearing at 7:07 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Jeremy Botts, representing John Oliver and Associates, explained that the reason they are requesting a variance is for the 150' X 150' building pad, which will help to save some of the trees. The Developer, Chet Whielock, mentioned that it isn't a strong request, but instead just a suggestion as a way to save some of the trees. Mr. Boots pointed out on a drawing the location where some trees would be preserved. Mr. Bednarz stated that essentially the developer would be custom grading those two lots. Mr. Boots pointed out a specific area on the map where approximately 1.2 acres of woodland would be saved. They feel this could add some value to the City. He mentioned that another concern was the storm water drainage. He stated that because of the nature of the hydraulics and the wooded land they are proposing an 18" culvert under the driveway to help provide plenty of capacity. He stated that the culvert would be placed at the exact grade that is already there. Mr. Boots explained that the run offfrom certain areas would be going into a storm water collection system. It would direct the storm water on the south side of the trail way away from the adjacent property. Mr. Bednarz stated that it's staffs recommendation to raise the trail and install a culvert to allow drainage to the south, however the engineer for the trail hasn't addressed the need for this culvert. He suggested it be added as a condition if the Commission so desires. Commissioner Greenwald questioned Mr. Bednarz if staff has reviewed what Mr. Boots is proposing. Mr. Bednarz stated that the Watershed District would need to review the plan. Commissioner Greenwald questioned what type of trees would be saved. Mr. Whielock stated that he's unsure. .I -/1- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 3 Robert Whitney, 2520 166th Avenue, questioned what elevation the trail would be at the , I trail crossing. Mr. Whielock stated that they weren't aware they were going to raise the trail; therefore it would be the City's requirement. Mr. Bednarz stated that it would be at least 3 feet above the elevation, however it would be researched further. Steve Erickson, 166 Verdin Street, questioned who would be putting in the trail. He stated that from the beginning it was the developer that would be doing the entire trail back through the park. He questioned the reason it's changed. Mr. Bednarz stated that nothing has changed from the original agreement. Steve Friese explained that he owns the 10 acres to the south of the development on County Road 20. He stated that they would like to see the trees preserved. He questioned where the driveway and trail would be located. Mr. Boots pointed out the location of the driveway and trail in relation to the wetland. He mentioned that they would mitigate at a 2: 1 ratio. Lora Erickson, 166 Verdin Street, questioned if curb and gutter would be included in the development. She also questioned if there would be streetlights. Mr. Bednarz stated that this development would be required to meet all rural development criteria. He mentioned that the development would have streetlights. I Ms. Erickson questioned who would be paying for the street lights. Mr. Bednarz stated that the homeowners would be responsible to pay for the street lights. Ms. Erickson questioned ifthe sewer and water would affect the area to the north of their development. Mr. Bednarz explained that it would not affect their development or any other neighboring developments. Mr. Whitney asked for an explanation on the depression in the north central lot. Mr. Boots stated that this would be a storm water retention pond. Mr. Erickson questioned if the development would have curbing. Mr. Bednarz stated that that is correct. Mr. Erickson questioned if the trail would be by itself. Mr. Bednarz pointed out how the trail would layout. Mr. Erickson questioned the reason the driveway can be located with the trail, since vehicles wouldn't be allowed on the trail. Mr. Bednarz stated that there would be a separation between the two. There was no further public input. -'12- .... Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28,2002 Page 4 Motion by Kirchoff, seconded by Greenwald, to close the public hearing at 7:29 p.m. , I Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Commissioner Greenwald questioned if it's typical for the developer to do the grading and put on the class 5 rock, however the City put in the trail. Mr. Bednarz explained that the City also has trail fees, therefore it could be considered double dipping if the City were to require them to do the whole trail in addition to charging a trail fee. Commissioner Hedin questioned what the separation would be between the driveway and the trail. Mr. Bednarz stated that it would be approximately 10 feet. Mr. Boots stated that in reality the separation is almost 18 feet wide. Commissioner Hedin questioned if the area between the trail and driveway would be lower. Mr. Boots stated that the middle area would be a dipped, and the trail and driveway would be built up. Commissioner Hedin questioned where the rainwater would go. Mr. Boots stated that the water would drain to the north and into the culvert. Commissioner Hedin questioned the distance the water would travel. Mr. Boots stated that the culvert would be approximately 150 feet away. He mentioned that the area could be filled in if the Commission would prefer. Acting Chair Daninger questioned if it's correct to say that staff was unaware of the two 150' X 150' building pads. Mr. Bednarz stated yes. Acting Chair Daninger stated that he's a little skeptical since the City hasn't reviewed it. He questioned if staff would like the issue of raising the trail listed as a condition. Mr. Bednarz stated that there are questions that need to be addressed in regards to the trail. He suggested the plans be reviewed by the Watershed District and the Engineering Department. Commissioner Kirchoff stated that he does like the idea of raising the trail and putting in the culvert. He also like the idea of saving some of the trees however suggested the size of the culvert be researched. Commissioner Hedin stated that he's comfortable with the proposal. Motion by Hedin, seconded by Kirchoff, to recommend to the City Council approval of the Preliminary Plat for a Rural Residential Plat to be known as 'Silver Meadows' containing eight lots located at 16326 Verdin Street NW and including the conditions in the resolution in addition to the ones listed below: 1. That an 18" culvert or whatever size staff determines is appropriate in terms of height be installed. -1'3- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 5 2. That the height of the trail be raised as recommended by staff. , I 3. That as many trees be saved as possible. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. .. PUBLIC HEARING: REZONING (02-01) TO REZONE PROPERTY LOCATED AT 151614STH LANE NW FROM RURAL RESIDENTIAL (R-l) TO URBAN RESIDENTIAL. Associate Planner, D. Tyler McKay, explained that the applicant is requesting the property to be rezoned to allow the property to be split into two urban residential lots. The subject property is located within the Oak Bluff Development. At the time this development was approved, consideration was given to ensure that the lots could be converted to urban residential lots as utilities became available. As with all rezonings, one of the two following findings must be made to justify the rezoning: the original zoning/land use was in error, or the character of the area or times and conditions have changed to such an extent to warrant the Rezoning/Comprehensive Plan Amendment. In this case, the character of the area has changed through the installation of municipal utilities and the resulting urban development that surrounds the property. Commissioner Gamache questioned if the original intent was to some day split the lots. Mr. McKay stated that that was the original intent. Commissioner Hedin questioned what the surrounding properties are zoned. Mr. McKay stated that the properties to the north and south are zoned R-4, the property to the east is zoned R-l. Commissioner Kirchoff questioned what the disadvantage would be to rezoning the entire area. Mr. Bednarz explained that it's been a City policy in the past for people to petition the City independently, however it's possible to petition the City as a group as well. Mr. McKay stated that some of the property owners do like the lower density and wouldn't be interested in rezoning. Commissioner Greenwald questioned if the property is already stubbed in for two lots. Mr. McKay stated that that is correct. Commissioner Hedin questioned if the property to the east is stubbed. Mr. McKay stated that the property to the east isn't stubbed. Mr. Bednarz mentioned that there are several lots in the area that are stubbed for sewer and water. -' It{ - @ , , I 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 Administrator110 Will Neumeister, Community Development Director(V~ FROM: Courtney Bednarz, City Plann~ SUBJECT: Consider Rezoning Property from Neighborhood Business (NB) to Limited Business (LB)/east of Hanson Boulevard, north of 138th Lane - Planning DATE: June 18,2002 INTRODUCTION This item follows the recommendations of the Neighborhood Business study concerning two undeveloped properties located on the east side of Hanson Boulevard both north and south of 139th Lane. , DISCUSSION The subject property has been zoned Neighborhood Business (NB) for many years. During this time, the surrounding property has been developed with single family residential housing. This neighborhood also shares access to Hanson Boulevard with the subject properties (139th Lane NW). The neighborhood business district allows a wide variety of commercial land uses. Some of these uses are not appropriate for a commercial property that abuts a single family residential neighborhood. Times and conditions have changed to such an extent that rezoning of the property is appropriate. As discussed with the Comprehensive Plan Amendment concerning these properties, either light commercial or medium density residential land uses are appropriate for this site. Due to the fact that the City does not zone property for either medium or high density residential land uses without a rezoning contract, a rezoning to one of these zoning districts would only occur during the review of a specific project. Therefore, it is recommended that the subject properties be rezoned to the Limited Business (LB) Zoning District with the understanding that under a dual land use designation (LC/URM), the opportunity to rezone the property for a residential land use still exists. .' Planning Commission Recommendation , .I The Planning Commission unanimously recommended approval of the proposed rezoning. Attachments Proposed Ordinance Location Map Planning Commission Minutes ACTION REOUIRED Staff recommends that the City Council approve the Rezoning of the subject properties to Limited Business (LB) based on the fact that times and conditions have changed. Cc: Rademacher Co. 6272 Boone Avenue North, Brooklyn Park, MN 55428 , Hills, Inc. 1875 Commercial Boulevard NW #1 -2- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows (PIN 35-32-24-22-0004 and 35-32-24-22-0025): I) Rezone land from Neighborhood Business (NB) to Limited Business (LB) on approximately 10.7 acres legally described as: Lot 1, Block 1 and Lot I, Block 6, Hills of Bunker Lake 3rd Addition, Anoka County, Minnesota. 2) All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council ofthe City of Andover. , I Adopted by the City Council of the City of Andover on this _ day of 2002. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk -:3- Rezoning NB to LB , 1 I R-1 - Single Family-Rural 1<1 R-1A - Manufactured Housing t:WW'l R-2 - Single Family-Estate WHS:?;] R-3 - Single Family-Suburban _ R-4 - Single Family-Urban City of Andover, Minnesota ~;@H;lJ M-1 - Multiple Dwelling Low Density _ M-2 - Multiple Dwelling Incorporated 1974 I'ij LB - Limited Business ~ Z ON I N G MAP ITHEI NB - Neighborhood Business ~Wi\l@~ SC - Shopping Center May 2002 _ GB - General Business .. I - Industrial , W~E Water GR - General Recreation s Right-of-Way ~1- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes -May 28,2002 Page 18 I 9. PUBLIC HEARING: AMEND THE ZONING ORDINANCE TO CONSIDER THE CHANGES TO NEIGHBORHOOD BUSINESS AND LIMITED BUSINESS ZONING DISTRICTS. ~ 10. PUBLIC HEARING: AMEND THE OFFICIAL ZONING MAP TO REZONE PROPERTY FROM NEIGHBORHOOD BUSINESS (NB) TO LIMITED BUSINESS (LB). THE SITE IS LOCATED EAST OF HANSON BOULEVARD, NORTH OF 138TH LANE. Mr. Neumeister explained that the Commission held a workshop meeting on April 9, 2002 where the Neighborhood Business District (NBD) study was presented by staff. The original report and discussion focused on the various changes needed in both the Comprehensive Plan and the Zoning Ordinance to implement the study recommendations. This report more closely focuses on the portions of the NBD study that detail the changes needed in the language in the Zoning Ordinance for the necessary changes to be implemented. Mr. Neumeister stated that the current zoning designations and language in the Zoning Ordinance were established prior to the most recent 2001 Comprehensive Plan update. Continued growth and development within the City has evolved its character to the extent that the language that is currently in the Zoning Ordinance should be reviewed. I In making these changes, the City must consider the general philosophy for neighborhood commercial locations, appropriate land use types, scale and performance standards, and site issues such as surrounding uses, traffic generation, and public facilities. Up to this point the staff report and the Neighborhood Business District study are intended to evaluate the City's goals for neighborhood commercial land use and neighborhood business zoning designations based upon current City policies and various area or site characteristics. The end result of this evaluation is to make recommendations as to potential changes to the Zoning Ordinance and map. Mr. Neumeister went on to review the Zoning Ordinance and what purpose it serves. He stated that staff recommends the City maintain its Limited Business (LB) District. Given the range of uses presently allowed and proposed to be allowed within the NB District, the use of this designation in close proximity to developed residential areas may be problematic. With slight revisions, the LB District would provide the City an option to designate sites for uses that may be more appropriate in sensitive areas. The key element to making this concept work is the removal of both "Retail Trade and Services" and "Twenty-four hour continuous operations" from the LB District. Item 10 follows the recommendations of the Neighborhood Business Study concerning two undeveloped properties located on the east side of Hanson Boulevard both north and south of 139th Lane. The subject property has been zoned Neighborhood Business for many years. During this time, the surrounding property has developed with single-family J -5""- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes -May 28,2002 Page 19 I residential housing. This neighborhood also shares access to Hanson Boulevard with the subject properties. The neighborhood business district allows a wide variety of commercial land uses. Some of these uses are not appropriate for a commercial property that abuts a single-family residential neighborhood. Times and conditions have changed to such an extent that rezoning of the property is appropriate. As discussed with the Comprehensive Plan Amendment concerning these properties, either light commercial or medium density residential land uses are appropriate for this site. Due to the fact that the City doesn't zone property for either medium or high density residential land uses without a rezoning contract, a rezoning to one of these zoning districts would only occur during the review of a specific project. It's recommended that the subject properties be rezoned to Limited Business Zoning District with the understanding that under a dual land use designation (LC/URM), the opportunity to rezone the property for a residential land use still exists. Motion by Kirchoff, seconded by Hedin, to open the public hearing on Item 9 at 9:56 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Motion by Hedin, seconded by Gamache, to open the public hearing on Item 10 at 9:57 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Jim Miller, 1458 138th Lane, spoke on behalf of the Hills of Bunker Lake Homeowners Association. He commended the Commission for addressing this issue. He questioned why staff is recommending changing the zoning to Limited Business instead of residential. Mr. Bednarz explained that a residential zoning would have the same types of uses as well, therefore if a residential developer were interested they would come before the Commission to request a contract rezoning. Limited Business would narrowly identify what can go on the two sites. Pat Fugena, 1511 138th Lane NW, stated that she lives three houses east of Site A-I and all seven of the residents present live within a block of Site A-I. She stated that they feel the report is a major step forward on how the property should be used. They support the rezoning from Neighborhood Business to Limited Business. She mentioned that it appears the rezoning classification will address all of their concerns. They have feel that a gas station would create a lot more traffic in the area, therefore adding to the congestion. She stated that they support this change. Joyce Twistol, 1518 139th Lane, stated that she is also part ofthe Hills of Bunker Lake Homeowners Association. She stated that they are representing over 300 homes. She thanked the Council for ordering the study. She mentioned that they are very pleased with the results and the transition proposed. She encouraged the Commission to think about what they would like to be on the site. Finally their focus is to be a good neighbor and they would like anyone who were to develop the sites to be good neighbors. j -(,- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 20 \ Commissioner Gamache questioned what affect the rezoning would have on the Special J Use Permits that might occur on the property. Mr. Bednarz stated that the zoning itself wouldn't affect any Special Use Permits. There was no further public input. Motion by Gamache, seconded by Kirchoff, to close the public hearing on Item 9 at 10:02 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Motion by Hedin, seconded by Kirchoff, to close the public hearing on Item 10 at 10:02 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Commissioner Hedin questioned if there is wetland to the east of the most northern lot. Mr. Bednarz stated that the zoning of this property is R-4 and a large portion of it is wetland. Commissioner Hedin questioned if the lot is separate. Mr. Bednarz stated yes. Commissioner Greenwald stated that he supports staffs recommendation. He stated that he would rather see a special use brought before the Commission or a variance for other circumstances. Mr. Neumeister stated that someone could bring forth a variance request if necessary. I Commissioner Greenwald stated on the ones that are being changed to Limited Business the Commission could construct "medical or dental clinic". Mr. Neumeister stated that that is correct. Commissioner Greenwald stated that this would also eliminate a school from being built there. Mr. Neumeister stated that that is correct. Acting Chair Daninger stated that staff is recommending the Commission discuss the restaurant issue at a later time. Mr. Neumeister stated that the Commission will need to clarify at some point what types of restaurants would be permitted. Acting Chair Daninger stated that another issue to be discussed in the future is general performance standards. The Commission agreed to post-pone this issue as well. Commissioner Hedin questioned the reason staff wants to keep schools out of the Neighborhood Business District. Mr. Neumeister stated that traffic concerns are primarily the reason. Commissioner Hedin questioned what district is appropriate for schools. Mr. Bednarz stated that they are permitted uses in any residential district. -7- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 21 Commissioner Kirchoff questioned where it is that schools have been stricken from the ordinance. Mr. Neumeister stated that it hasn't been stricken, but instead is something for the Commission to think about. Commissioner Hedin questioned if the City differentiates between public and private schools. Mr. Neumeister stated that private schools fall into the same category as public schools. Commissioner Gamache suggested taking it out so ifthere's a request they would have to come before the Commission as a special use because of the traffic concerns. Commissioner Greenwald agreed that it should be a special use. Acting Chair Daninger stated that the consensus of the Commission is to strike out schools on page 4, under "Permitted Uses" and instead have it as a Special Use Permit request. Commissioner Hedin stated that he supports going with the Limited Business District. He agreed with removing "retail trade and services" under special uses, and including it under permitted uses and including the language "except service/fuel stations. He also agreed with adding language to the Neighborhood business Zoning District that would limit service stations in this zone to sites that are two acres or larger as a Special Use. Finally removing private and public schools from permitted uses. , Commissioner Hedin suggested the Commission discuss at a future date the restaurant clarification. He also recommended taking out the mining/land reclamation under Special Uses ofthe Neighborhood Business District. Motion by Hedin, seconded by Greenwald, to recommend to the City Council approval of amendments to the Zoning Ordinance to allow for various language ch~nges recommended by the Neighborhood District Study, those changes are as follows: 1. Removing "retail trade and services" under special uses, and including it under permitted uses and including the language "except service/fuel stations. 2. Rewriting under Special Uses to state Twenty-four hour continuous operation of "Medical Clinics". 3. Adding language to the Neighborhood Business Zoning District that would limit service stations in this zone to sites that are two acres or larger as a Special Use. 4. Removing private and public schools from permitted uses. 5. Removing the mining/land reclamation under Special Uses of the Neighborhood Business District. Motion carried on as-ayes, O-nays, 2-absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18, 2002 City Council meeting. -r- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 22 Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Ordinance No.8, an Ordinance Amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 5-ayes, O-nays, 2- absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. 8. PUBLIC HEARING: AMEND THE COMPREHENSIVE LAND USE pLAN TO CHANGE LAND USE DESIGNATIONS FOR VARIOUS PROPERTIES IN THE CITY. ALSO CONSIDERATION WILL BE GWEN TO ADD A NEW CATEGORY OF LIMITED COMMERCIAL (LC) TO THE LAND USE DESIGNATIONS TO ESTABLISH OFFICE PARK AREAS IN THE CITY. ALSO CONSIDER ALLOWING SOME SITES TO HAVE A DUAL LAND USE DESIGNATION, SUCH AS LCIURM TO ALLOW THE SITE TO BE ZONED FOR EITHER OFFICES OR FOR MEDIUM DENSITY RESIDENTIAL. Mr. Neumeister stated that the commission held a workshop meeting on April 9, 2002 where the Neighborhood Business District study was presented by staff. The report and discussion focused on the various changes needed in both the Comprehensive Plan and the Zoning Ordinance to implement the study recommendations. This report focuses on the portions of the NBD study that detail the changes needed in the Land Use Plan to allow the zoning changes to be implemented. The City recognizes the need for commercial and industrial uses within the community to provide a broad range service and employment opportunities for residents, and also to support local tax base. However, an over-riding priority is development of cohesive land use patterns that establish compatible uses for surrounding areas. For the most part, these zoning designations were established prior to the most recent 2001 Comprehensive Plan Update. Continued growth and development within the City has evolved its character to the extent that the appropriateness of some of the neighborhood business locations should be reviewed. To evaluate the various neighborhood business locations, the City must consider the general philosophy for neighborhood commercial locations; appropriate land uses types, scale and performance standards, and site issues such as surrounding land uses, traffic generation, and public facilities. The staff report and the Neighborhood Business District study are intended to evaluate the City's goals for neighborhood commercial land use and neighborhood business zoning designations based upon current City policies and various area or site characteristics. The end result of this evaluation is to make recommendations as to potential changes to the Comprehensive Plan, Zoning Map and Ordinance. Acting Chair Daninger mentioned that the word "care" on page 4 under Neighborhood Commercial, could be interpreted a number of ways. Mr. Neumeister suggested using the words "design review" instead. / -C(- ~o/ ., , CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administratorpr. Will Neumeister, Community Development Director aJ",- FROM: Courtney Bednarz, City Plann~ SUBJECT: Consider Rezoning Property from Neighborhood Business (NB) to Single Family Urban Residential (R-4)/south of the intersection of Crosstown Boulevard and Crosstown Drive - Planning DATE: June 18, 2002 INTRODUCTION This item follows the recommendations of the Neighborhood Business study concerning undeveloped property containing a significant wetland located immediately south of the intersection of Crosstown Boulevard and Crosstown Drive. I DISCUSSION The subject property is currently zoned Neighborhood Business (NB). The property is very likely unbuildable due to the large amount of wetland on the property. The property is owned by the City. The consultant's recommendation is to rezone the property to Multiple Dwelling (M-2) based on the assumption that this district may allow some use to be made of the property. While this may be true, it is important to note that the City does not rezone property to medium or high density designations without a rezoning contract. Therefore, it is recommended that the site be rezoned to Single Family Urban Residential (R-4) to match the zoning of contiguous property to the south and adjacent property to the west. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed rezoning. Attachments Proposed Ordinance Location Map Planning Commission Minutes ACTION REOUlRED , , The City Council is asked to approve the rezoning of the subject property to Single Family Urban Residential (R-4). , , -2- CITY OF ANDOVER \ COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows (PIN 33-32-24-14-0038): 1) Rezone land from Neighborhood Business (NB) to Single Family Urban Residential (R- 4) on approximately acres legally described as: Property addressed as 13875 Crosstown Drive (PIN 33-32-24-14-0038) in the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota. 2) 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 ofthe City of Andover on this _ day of 2002. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk - J -1 - Rezoning NB to R-4 o R-1 - Single Family-Rural o R-1A - Manufactured Housing o R-2 - Single Family-Estate h.';;;;;j R-3 - Single Family-Suburban ~{[!.f. R-4 - Single Family-Urban City of Andover, Minnesota mJ;~ M-1 - Multiple Dwelling Low Density _ M-2 - Multiple Dwelling Incorporated 1974 o LB - Limited Business r!fi) ZONING MAP 1....'1 NB - Neighborhood Business ~';~~li1iil SC - Shopping Center May 2002 _ GB - General Business g\li;t,il I - Industrial N w~, o Water I)t;;:;~ GR - General Recreation . o Right-of-Way -4-- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 24 "care" to "design review". On page 8, the Commission is recommending the change to , LC/URL. On page 11, the Commission is recommending a change to low density. On page 13, the Commission is recommending a change to low density. Mr. Neumeister stated that staff is recommending the Commission adopt the language at the bottom of page 5 and the top of page 5 as the goals and objectives. The Commission agreed with the language on page 4 and 5 stated as the goals and objectives. Motion by Greenwald, seconded by Gamache, to recommend to the City Council Amending the Comprehensive Land Use Plan to change land use designations for various properties in the City, the recommendations are as follows: 1. On page 3, the Commission is in agreement with the Limited Commercial language. 2. On page 4, change the wording from "care" to "design review". 3. On page 8, the Commission is recommending the change to LC/URL. 4. On page 11, the Commission is recommending a change to low density. 5. On page 13, the Commission is recommending a change to low density. 6. On page 4 and 5 adopt the goals and objectives as presented. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. I ~ 11. PUBLIC HEARING: AMEND THE OFFICIAL ZONING MAP TO REZONE PROPERTY FROM NEIGHBORHOOD BUSINESS (NB) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED IMMEDIATELY SOUTH OF THE INTERSECTION OF CROSSTOWN BOULEVARD AND CROSSTOWN DRIVE. Mr. Bednarz explained that this item follows the recommendations of the Neighborhood Business study concerning undeveloped property containing a significant wetland located immediately south of the intersection of Crosstown Boulevard and Crosstown Drive. He stated that the subject property is currently zoned Neighborhood Business (NB). The property is likely unbuildable due to the large amount of wetland on the property. The property is owned by the City. The consultant's recommendation is to rezone the property to Multiple Dwelling (M-2) based on the assumption that this district may allow some use to be made of the property. While this may be true, it's important to note that the City doesn't rezone property to medium or high-density designations without a rezoning contract. Therefore, it's recommended that the site be rezoned to Single Family Urban Residential (R-4) to match the zoning of contiguous property to the south and adjacent property to the west. -!7- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 25 Motion by Greenwald, seconded by Hedin, to open the public hearing at 10:56 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Kathy Strutman 13858 Crosstown Drive, stated that she has a couple of questions regarding the original intent. She questioned ifthere's ever been any intent to build anything there. She mentioned that they were told that nothing would be done with it. Mr. Bednarz stated that there isn't much possibility that anything would come of it. There was no further public input. Motion by Hedin, seconded by Greenwald, to close the public hearing at 10:58 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Motion by Greenwald, seconded by Kirchoff, to recommend to the City Council approval of Ordinance No.8, an Ordinance Amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. Commissioner Greenwald stated that he would like to revisit the surrounding properties. The Commission agreed. , OTHER BUSINESS Acting Chair Daninger mentioned that Commissioner Hedin has put in his resignation effective August 1, 2002. Commissioner Hedin has accepted the position as Head Coach of the Andover High School Girls Swim Team. He thanked Commissioner Hedin for all his input and help on the Commission. ADJOURNMENT Motion by Gamache, seconded by Kirchoff, to adjourn the meeting at 11 :00 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Respectfully Submitted, Sara Beck, Recording Secretary TimeSaver Off Site Secretarial, Inc. J -~- @ / 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 Administrat1!/ Will Neumeister, Communi Development Director AliI"- FROM: Courtney Bednarz, City Plann~ SUBJECT: Consider Amendment to Ordinance 8, Section 4.05 Accessory Building & Structures - Planning DATE: June 18,2002 INTRODUCTION This item concerns modifications to the ordinance regulating detached accessory structures on urban residential lots. This issue was raised at the Council Goal Setting meetings in April 2002 where the Council discussed the size of detached accessory buildings on urban lots and how } much of the yard they occupy. No changes to accessory structure requirements for lots greater than one acre in size are proposed. DISCUSSION A proposed ordinance amendment is attached. The amendment addresses the size, height and location of detached accessory structures on urban lots to strike a balance between allowing these structures and limiting their impact on urban neighborhoods. Discussion of these three aspects is provided below. A discussion of attached garages is also included. Planning Commission Recommendation The Planning Commission recommended in favor of the proposed amendments to size, height and location of detached accessory structures on urban lots. The commission also recommended a minimum roof pitch of 4/12 and that urban lots be limited to one driveway access. Discussion of these items is provided in the report and included in the proposed amendment. The Commission also asked staff to prepare information for Council to review on allowing other types of accessory structures, such as gazebos, without including them in the reduced allowable square footage (308 square feet). Discussion of this item is included in the report but has not been added to the proposed amendment. Size I At the present time, the maximum size of a detached accessory building on an urban residential lot is 75% of the foundation size of the house. It is not uncommon to see a foundation size of 1,000 square feet or greater. This size foundation can result in a 750 square foot detached accessory structure. This example would allow a three stall detached garage (22 x 34) in addition to any attached garage that may exist on the property. Detached accessory structures allow equipment and recreational vehicles to be stored indoors which protects these items from the elements and contributes toward a more aesthetically pleasing neighborhood. As the number and size of these structures increase, however, the size of these structures begins to overshadow the rest of the yard and the neighborhood as a whole. The attached amendment sets a maximum size of 308 square feet for detached accessory buildings on urban lots. This equates to a wide one stall garage (14 x 22). This size was chosen to ensure that the structure would be large enough for yard equipment, vehicles and some boats. All detached structures (including yard barns less than 120 square feet in size) are included in this calculation. The attached amendment would require new houses constructed in the urban area after the effective date of the ordinance to construct an attached garage that meets the minimum garage size requirement (440 square feet). This provision will prevent large detached structures from being constructed in new developments. Older developments with small detached garages would not be covered by this provision. It is likely that owners of older lots with a small detached garage will seek to reconstruct a two or I three stall garage on the property at some point. Depending upon the location of the house or the style of construction, it may be impossible to attach a new garage to some existing structures. The City requires a 440 square foot garage. This square footage is not included in calculations for accessory structures. Therefore, it would still be possible to have a 748 square foot detached garage in the rear yard for existing structures that reconstruct a detached garage. Attached garages It is important to note that there is no zoning restriction on the size of an attached garage provided it can meet applicable setbacks. The Uniform Building Code provides a maximum size of3,000 square feet. The Andover Review Committee has discussed this item and resolved that it is virtually impossible to place a structure this size on an urban lot with limited lot width and setback requirements. The largest attached garage in the City is approximately 1,500 square feet in size. The Planning Commission was more concerned that an ordinance amendment not be too restrictive and they did not discuss limiting the size of attached garages. Height The current regulations limit the height to be not greater than the height of the principle structure (house). With three or four floor split-level home plans, a detached accessory structure could easily be two stories or taller. The attached amendment limits the height of accessory structures to fifteen feet in height. This height will accommodate a standard nine foot sidewall and a variety of roof pitches. 2 Side Yard Setback The attached amendment would reduce this setback from ten feet to five feet on urban lots. This adjustment is in line with what neighboring communities require and will prevent wasted yard space between the detached accessory building and property line. In some cases, the greater setback has pushed accessory buildings further into the yard and caused conflicts with a homeowners ability to construct a deck or addition to the home. As you know, structures can not be located in easements so easements wider than five feet will still affect the location of these structures on some urban lots. Other Cities Regulations City Maximum Size Side Yard Height Maximum Setback Anoka 1,056 sf, including attached garage 5 feet 15 feet Blaine 1,000 sf including attached garage 5 feet Same as principle structure Coon 1,200 sf including attached garage 5 feet Same as Principle Rapids structure or 20 feet, lesser of two I Andover 308 sfnot including attached garage 5 feet 14 feet (proposed) Roof Pitch There was a discussion at the stafflevel concerning roof pitch as it relates to the height of the structure. There was some concern that flatter roof pitches would result with the addition of a maximum height provision. There was also discussion about the potential for a 12/12 roof pitch or a gabled roof pitch that may be used to achieve additional storage space as a result of the more restrictive maximum size provision and the effect on sightlines of neighboring properties. The Planning Commission recommended a minimum roof pitch of 4/12. Access There has been discussion about whether a second access should be granted for a detached garage on an urban lot. In some cases a second access may be granted by the City Engineer if spacing and sightlines can be accommodated. The Planning Commission recommended limiting urban lots to one access. Other Types of Accessory Structures / The square footage of all detached accessory structures is calculated into the maximum allowable square footage. The Planning Commission was concerned that a property owner who desired to have a gazebo or similar structure would not have sufficient square footage remaining to 3 construct a detached structure for storage. If the Council shares this concern a provision could be J added to the proposed amendment similar to the City of Coon Rapids. The City of Coon Rapids has the following ordinance provisions: "In addition to structures provided for in Section 11-705(5)( a) above, each dwelling or dwelling unit is permitted other freestanding accessory structures such as an outdoor living room, fish house, gazebo, greenhouse or playhouse. No accessory structure permitted under this subsection, whether of singular or multiple use, shall exceed 200 square feet in floor area. No accessory structure permitted under this subsection shall have a door exceeding 6 feet in width. The total floor area of all such structures permitted under this subsection shall not exceed 400 square feet." And; "The number of detached garage/storage structures and other accessory structures shall not exceed three (3) per dwelling." The City Council is asked to discuss whether similar provisions should be added to the Andover Zoning Ordinance. If the Council is in favor of adding these or similar provisions they can be placed in the ordinance under (C) (5),(6) as needed. ACTION REQUIRED The City Council is asked to review and approve the attached amendment or to suggest I alternative language. Attachments Proposed Ordinance Amendment Planning Commission Minutes 4 CITY OF ANDOVER , COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 114A AN ORDINANCE AMENDING ORDINANCE 8, SECTION 4.0S ACCESSORY BUILDINGS AND STRUCTURES TO AMEND THE SIZE, SETBACKS AND HEIGHT REQUIREMENTS FOR ACCESSORY STRUCTURES ON URBAN RESIDENTIAL LOTS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: 4.05 Accessonr Buildin{!: and Structures (A) No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Special Use Permit. (B) No accessory building in a residential area shall exceed the height of the principal structure except subject to Section 4.06 (F) and Section 8.21. (C) Accessory buildings on a residential parcel of five (S a.) acres or less shall be subject to size restrictions based on the total square footage ofland cover of the , foundation of the principal structure as stated below. However, in the case where the accessory building serves to satisfy the minimum garage requirements as specified in Section 6.02, the garage will not be calculated in the accessory building square footage requirement. (8MMMM, 11-07-95) (1) The accessory buildings on a residential parcel with a lot area of five (5 a.) acres or less, but more than one (1 a.) acre, shall not exceed the total square footage ofland cover of the foundation of the principal structure. (8MMMM, 11-07-95) (2) The accessory buildings on a residential parcel with a lot area of one (1 a.) acre or less, shall not exceed 308 SQuare feet and 15 feet in hei{!:ht. seventy {i'/e (75%,) pereent of the total square footage of land eover of the foundation of the prineipal strueture. (8U,7-19-83) (8MMMM,11-07-95) (3) Allurinciule structures constructed within the Sin{!:le Familv Urban Residential (R-4) District after the effective date of this ordinance shall have an attached {!:ara{!:e with a minimum size of 440 SQuare feet. (4) All detached accessonr structures within the Sin{!:le Familv Urban Residential (R-4) Zonin{!: District shall have a minimum 4/12 roof uitch. 5 (D) When a private garage is oriented so as to face onto a public right- of-way it shall I not have less than the minimum required setback for the principal structure as measured from the lot line. (E) Accessory buildings and structures located in residential zoned districts that are ODe hUDdred aDd t\":eDty (120) sEluare feet OF less shall be setback a minimum of five (5) teD (10) feet from side and rear lot lines unless an easement exists that is more restrictive. In no case shall an accessory buildinl!: be located within an easement. Accessory buildings and structures located on corner lots are required to meet the sideyard setback requirements from the street as stated in Section 6.02. Accessory buildings and structures located in residential zoned districts that are greater than one hundred and twenty (120) square feet shall comply with all setback requirements as stated in Section 6.02. All accessory buildings and structures shall not be constructed or placed in a drainage or utility easement. (8BBBBB, 9-16-97) (F) Accessory buildings in the "Business" and "Industrial" Districts shall not be closer than ten (10') feet from side and rear lot lines subject to provisions for abutting residential zone provided herein. (G) No detached garages or other accessory buildings shall be located nearer the I front lot line than the principal structure except as herein provided: (1) On residential parcels with a lot are of one (1 a.) acre or more, a detached garage or accessory building may be constructed closer to the front lot line than the principal structure, however, the minimum distance it may be form the front lot line is sixty (60') feet. (2) All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible to the principal structures. (8U,7-19-83) (H) No accessory building in a commercial or industrial district shall exceed the height of the principal building except by Special Use Permit. (I) An accessory building may be located within the rear yard setback provided said accessory building does not occupy more than twenty-five (25%) percent of a required rear yard. (J) A private garage in a residential district shall not be utilized for business or industry. Further, that not more than one-half (1/2) of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one (1) or two (2) car capacity may be so rented. Such garage shall not be used for more than one (1) vehicle registered as a commercial vehicle with the State of Minnesota. Said vehicle must be registered to the property leasor, or relative living 6 on the premises. The gross weight of such commercial vehicle shall not exceed . \ 12,000 pounds gross capacity. (8KKK,I-16-90) I In an R-l or R-2 Single Family Residential District on a parcel of at least three (3 a.) acres in size, one (1) truck-tractor may be stored within an accessory building. This shall not include the parking of semi-trailers. (8KKK, 1-16-90) (K) Vehicles exceeding 10,000 pounds gross weight shall be parked in a garage or along the side or rear of a residential lot. Such vehicles shall not be parked in the front yard. (L) No permanent sheet metal, painted or unpainted accessory building, except small garden sheds not exceeding one hundred twenty (120) square feet, shall be allowed on parcels of three (3 a.) acres or less in all residential districts and within the Metropolitan Urban Service Area (MUSA) Boundary. The foregoing shall not apply to painted and finished metal siding normally used on residential structures. (81,10-21-80; 8U, 7-19-83; 8DDD, 11-01-88; 8QQQ, 4-02-9) Adopted by the City Council of the City of Andover on this _ day of ,2002. CITY OF ANDOVER I Michael R. Gamache, Mayor ATTEST: Vicki V olk, City Clerk 7 Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28,2002 Page 14 , Motion carried on a 4-ayes, I-nay (Greenwald), 2-absent (Squires and Falk) vote. ; Mr. Bednarz stated that this item would come before the Council at the June 18, 2002 City Council meeting. ~ PUBLIC HEARING: AMEND ORDINANCE 8, SECTION 4.05 -ACCESSORY BUILDINGS AND STRUCTURES TO LIMIT THE SIZE OF THE ACCESSORY BUILDINGS ALLOWED ON URBAN RESIDENTIAL LOTS, LIMIT HEIGHT TO ONE STORY AND REDUCE INTERIOR SIDE YARD SETBACK TO FIVE FEET. Mr. Bednarz explained that this item concerns modifications to the ordinances regulating detached accessory structures on urban residentiilllots. The issue was raised at the Council Goal Setting meetings in April of 2002 where the Council discussed the size of detached accessory buildings on urban lots and how much of the yard they occupy. No changes to accessory structure requirements for lots greater than one acre in size are proposed. A proposed ordinance amendment is included in the staff report. The amendment addresses the size, height and loc<:ltion of detached accessory structures on urban lots to strike a balance between allowing these structures and limiting their impact on urban neighborhoods. Discussion ofthese three aspects was provided. There is additional discussion of roof pitch and access at the end of the staff report, which is provided, , I however these items are not included in the proposed amendment. Commissioner Gamache questioned if this ordinance includes pools or just buildings. Mr. Bednarz stated that the ordinance is referring to just detached accessory structures. Commissioner Kirchoff questioned if a gazebo would be considered a detached accessory structure. Mr. Bednarz stated yes. Mr. Bednarz mentioned that staff is proposing 308 s.f. of detached space. Commissioner Greenwald questioned why there are other cities that have more lenient requirements than Andover. He questioned subheading (3) in the Ordinance under Section 4.0S. Mr. Bednarz explained that someone could have an attached garage with a minimum of 440 s.f., in addition to a 308 sJ. detached garage. Commissioner Greenwald questioned the maximum size garage allowed if it's attached. Mr. Bednarz stated that as long as the setback requirements are being met the attached garage could be as large as 3,000 s.f. Commissioner Hedin questioned if it would be possible to have 3 structures. Mr. Bednarz stated that this is possible. '. J -1-- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 15 Commissioner Gamache stated that the existing one stall garage would be an alternate , building so it would be 308 s.f. or less. j Mr. Bednarz explained that if someone doesn't have an attached garage they would be allowed 748 s.f. of detached garage space. Acting Chair Daninger mentioned that the concern is that someone could build a three car detached garage. Commissioner Greenwald questioned the reason the Commission is reviewing the ordinance. Mr. Bednarz stated that the primary focus is that the allowable size of accessory structure isn't appropriate on urban size lots. Mr. Neumeister stated that there are other options than building a large three-stall garage. He stated that it would be possible to have a 1,000 s.f. attached garage and there wouldn't be a debate as long as the setback requirements are met. He explained that detached garages can become a nuisance because of access. Commissioner Kirchoff questioned if there are residents that have requests such as this. Mr. Bednarz stated that staff does see some residents requesting to build fairly large detached garages. Motion by Hedin, seconded by Kirchoff, to open the public hearing at 9:23 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. There was no public input. Motion by Hedin, seconded by Gamache, to close the public hearing at 9:23 p.m. Motion carried on as-ayes, O-nays, 2-absent (Squires and Falk) vote. Acting Chair Daninger questioned how the Commission felt about the side yard setback change. The Commission was comfortable with the recommendation made by staff. Acting Chair Daninger questioned how the Commission felt about the maximum size detached accessory structure on urban lots being 308 square feet. He mentioned that he feels it's a drastic cut back from what currently exists. Commissioner Gamache mentioned that these are urban size lots. He stated that he's comfortable with staffs recommendation. Commissioner Hedin stated that he doesn't have a problem with a maximum size detached accessory structure of 308 square feet on urban lots. I -7- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 16 Commissioner Kirchoff stated that he's concerned that there might be someone who \ would want a gazebo and an accessory structure. Mr. Bednarz mentioned that the City of ) Blaine has a separate section that addresses gazebos. Acting Chair Daninger suggested adding an amendment to exclude gazebos and/or pool houses from detached accessory structures. Commissioner Kirchoff agreed that it would be better to separate gazebos from accessory structures. Mr. Bednarz mentioned that anything attached to the house wouldn't be considered detached space. Commissioner Greenwald questioned the reason Andover doesn't copy Blaine and Anoka's ordinances. Mr. Bednarz explained that the reason staff isn't recommending to follow the other cities is because they also regulate the attached garages. Commissioner Hedin questioned if under the definition of detached accessory structures gazebos would be found. Mr. Bednarz stated yes. Commissioner Hedin questioned if a cement floor is required on a detached accessory structure. Mr. Bednarz stated no. Acting Chair Daninger mentioned concerns since staffis recommending a 75% reduction. The Commission agreed that a maximum of 308 square feet is appropriate for detached accessory structures. . Mr. Bednarz questioned if staff should come back with language that excludes gazebos. The Commission agreed. Acting Chair Daninger questioned what the Commission feels is appropriate for height. Commissioner Hedin mentioned that he doesn't care what the pitch is. Commissioner Gamache suggested a 9-foot sidewall with a pitch to match the house. Acting Chair Daninger stated that it would be hard to match the house. Commissioner Gamache agreed. Commissioner Greenwald suggested the height be 15 feet. The Commission agreed. Commissioner Hedin suggested a 4/12 roof pitch. He suggested Section 4.05 (2) state a maximum height of 15 feet with a minimum roof pitch of 4/12. Acting Chair Daninger questioned if the accessory building should be allowed to have an additional driveway access. Commissioner Hedin recommended the building have no access. The Commission agreed. -Ie - Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 17 \ Commissioner Kirchoff questioned if the accessory building would be allowed an ) additional driveway access if the property was on a corner. Mr. Bednarz stated that most cities limit each urban lot to one access. Acting Chair Daninger summarized the changes. The Commission is recommending a maximum detached accessory structure of 308 square feet, with the ordinance including language to exclude gazebos or other recreational structures from this classification. The Commission agreed the side yard setback should be changed from ten feet to five feet on urban lots. The accessory building should be one story or a maximum height of 15 feet with a minimum roof pitch of 4/12. Finally there should only be one driveway access per urban lot. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Ordinance No. 114A, An Ordinance Amending Ordinance 8, Section 4.05 Accessory Buildings and Structures to Amend the Size, Setbacks, and Height Requirements for Accessory Structures on Urban Residential Lots, including the following changes: 1. A maximum detached accessory structure of308 square feet, with the ordinance including language to exclude gazebos or other recreational structures from this classification. 2. The side yard setback should be changed from ten feet to five feet on urban lots. 3. The accessory building should be one story or a maximum height of 15 feet with a minimum roof pitch of 4/12. 4. Only one driveway access per urban lot shall be permitted. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18, 2002 City Council meeting. RECESS Acting Chair Daninger recessed at 9:40 p.m. Acting Chair Daninger reconvened the meeting at 9:46 p.m. Commissioner Hedin suggested the Commission post pone item 8 and proceed with Items 9 and 10 since there are residents present for those public hearings. Motion by Hedin, seconded by Gamache, to approve post-poning Item 8 until after Items 9 and 10 have been discussed. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. / ...../l- @ I 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 Administrato~ Will Neumeister, Community evelopment Director W~ FROM: D. Tyler Mckay, Associate Planner [J7?1 SUBJECT: Consider Amend Ordinance 8, Section 8 - Performance Standards. Lawn Establishment. DATE: June 18,2002 INTRODUCTION The isue to consider is whether to require developers to install sod on residential lots prior to the issuance of a Certificate of Occupancy or appropriate escrow during the winter months. Currently, the City has no requirements on lawn establishment prior to the issuance of a Certificate of Occupancy. This issue was identified by the City Council as a goal at the Goal Setting Workshop on April 17, 2002. DISCUSSION The problem of residents not installing sod was discussed, as part of the Council Goal Setting workshop. The City has relied upon homeowners to either install sod or seed the lawn within one year of occupancy. Additionally, all properties in violation were given one year to bring their property in compliance. Unfortunately, several examples of recently constructed homes continue to reflect an absence of established lawns by the homeowners that contribute to sand runoff into City streets and storm sewers. Similarly, many lawns tend to become little more than weed beds due to inadequate cultivation and the fact that many property owners fail to bring in enough topsoil to establish and maintain their lawns. Weeds quickly invade neighboring properties and greatly increase their lawn maintenance work and costs. As the aesthetic quality of their neighborhood decreases, often their property values and the community image also decreases. To reduce the number of residential complaints with lawn establishment and enhance the aesthetic aspects of completed residential subdivisions, the issue needs to be discussed. A survey of similar and neighboring communities is shown below and indicates Blaine requires \ developers to sod the entire lot, including 4 inches of black dirt before issuance of the Certificate i of Occupancy. Lakeville requires sod on front and side yards with a $1,000 escrow during the winter months before issuance of the Certificate of Occupancy. All other Cities surveyed require 1 developers to install or escrow for boulevard sod alone before issuance of the Certificate of I Occupancy. An example of Blaine's final check-off/escrow requirements are attached and shows that before a Certificate of Occupancy is issued either the improvements must be made or escrow put on deposit with the City to insure they will be done. LAWN ESTABLISHMENTS IN VARIOUS CITIES I City I~oulevard Only I~ntire Lot l\FrontlSide Yards I~nspected by I Andover X \Building Department Anoka X Building Department Blaine X Planning Intern Coon Rapids X Building Department Lakeville X Building Department Maple Grove X Building Department Ramsey X Building Department , St. Louis Park X Building Department St. Michael X Building Department Woodbury X Building Department Blaine requires 4 inches of black dirt. Lakeville requires a$l,OOO dollar escrow during the winter months. PROS AND CONS An important question to ask is, "would this change in the Ordinance solve the lawn establishment problem?" It is likely that the individuals who chose not to put in a lawn for an entire year after purchasing their home would also not take care of it once it was in. There are a number of examples where this is the case. Evidence for this consists of the fact that a number of residents who waited as long as possible before putting in their lawn often allow the required boulevard grass to die in the mean time. Weeds do seem to take longer to establish themselves in the neglected grass area as compared to bare areas, which quickly sprout a multitude of high I weeds. Sometimes the resident will then simply mow these weeds and it becomes difficult to know if they ever tried to establish a lawn or not. 2 / Another concern may be the planned use the prospective homeowner has for the back yard may not coincide with establishing a full lawn. For example, if a resident decides to build a large deck, pool or garden they may have to destroy some of the lawn that was included in the original purchase price of the home. Although the price of those strips of sod might be low compared to the over all price of a home, it may increase the overall price of the home. A potential problem to enforcement of this ordinance is the fact that putting a lawn in the middle of summer would take a large amount of watering to allow the sod to take root and become established. This would be problematic during especially hot and dry times when City water rationing is in effect. Builders would only be allowed to use a limited amount of water and at the same time be required to put in the sod before being able to sell the property. Consideration should be given to the advantage of requiring just the front and side yard be sodded before a Certificate of Occupancy is issued, as the City of Lakeville currently requires. Although this would mitigate some of the above concerns, this does become a problem on comer lots, which still allow for easy viewing of their unsodded back yards. Another issue is the ease with which weeds can move between neighbor's properties is especially troublesome in the rear adjoining yards. ESCROW REOUlREMENTS An escrow requirement may be helpful in getting compliance with the lawn requirement. For example, if a builder decides not to establish a lawn, they could post an escrow, a Certificate of Occupancy could be issued and then they would be allowed six months to establish the lawn. Once the lawn was established, the City would then inspect for compliance and if it has been established the escrow would be released. This would allow for unseasonably warm temperatures or arrangements between the builder and the new homeowner as to other uses for the yard such as a pool or garden. Although this may increase the overall purchase price of the home and cause more administrative and enforcement duties by City staff, it will also allow the City an option to resolve this matter if the neglected lawn is causing overall neighborhood deterioration. These standards may need to be raised as our community continues to grow and prosper. OPTIONS There are a range of choices that could be made in lawn establishment, including: 1. Boulevard sod only, with or without escrow. 2. Boulevard and front yard only sodded with black soil, with or without escrow. 3. Boulevard. front and side vard sodded with black soil. with or without escrow. 4. Boulevard, front, Side and rear yards sodded with black soil, with or without escrow. Each has its oWn inherent problems and strengths. Due to over a dozen of complaints which each affect several other residents, staff recommends option 3 with a $2,500 dollar escrow and review after 2 years. 3 Planning and Zoning Commission Recommendation The Planning and Zoning Commission recommend approval (4-ayes, I-nay), of an Ordinance amendment to Ordinance No. 111, Lawn Establishment, in the City of Andover, subject to the following conditions. 1. An escrow shall be set up between the developer and the City for $2,500. 2. That 4" of organic/black dirt be laid prior to the laying of sod and or seed. 3. The front yard and the boulevard be sodded and/or seeded before Certificate of Occupancy. 4. The homeowner shall have six months to come into compliance. 5. After the six months, the City is able to use the escrow to establish the lawn. 6. That the Ordinance be reviewed in two years. ACTION REOUlRED Staff initially proposed the entire lot be sodded at the time of the Goal Setting Workshop. However, based on the comments and discussion at the Planning Commission, it is now recommended that the Council consider the lawn establishment for the front and side yards only along with the other conditions recommended by the Planning Commission. Please note, the Planning Commission recommended the seeding/sodding be required only in the front yard area. Attachments Resolution Blaine's final check-off/escrow requirements Planning Commission Minutes Respectfully submitted, m!k~ D. Tyler Mckay 4 CITY OF ANDOVER \ / COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE N0.111 AN ORDINANCE AMENDING ORDINANCE NO. 111 , LAWN ESTABLISHMENT IN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 111, An Ordinance for the Establishment of Lawn Requirements for Residential Districts of the City of Andover is hereby amended as follows: (Strike out indicates words to be deleted, underlining represents words to be added.) Section 1. purpose. To provide protection to all natural terrain features of the residential site, which if preserved as required herein, will add to the attractiveness and stability of the site. Standards set forth in this ordinance will increase the desirability of residences, encourage investment or occupation in the city, optimize use and value of land and improvements, increase the stability and value of the property, and add to the conditions affecting health and welfare of the city. Section 2. Definitions. organic/black Top Soil: For the purpose of this ordinance, organic/black top soil shall be defined as soil/dirt that has sufficient amounts of organic material to establish a suitable foundation for vegetative growth. The topsoil should contain no more than 35% sand content. Section 3. Top Soil Requirements. Organic black~ soil shall be spread so as to provide at least four (4) inches of cover. The site iJhall alse se stasilizea 13) seeding and/or soaaing. Section 4. ~ ~and/or Seed Requirements. All boulevards are required to be sodded in areas served by municipal sanitary sewer and/or water. On grades or exposed areas which are not sodded, lawn grass seed shall be sown at not less than four (4) pounds to each one thousand (1,000) square feet of land area. The seed shall consist of a maximum of ten (10) percent rye grass by weight and a minimum of ninety (90) percent of permanent bluegrass and/or fescue grass by weight. All residential lots with municipal sanitary sewer and/or water shall be sodded or seeded from the boulevard edge to a distaRee ef thirty (30) feet behind the rear wall of the principal residence on the lot. Wetlands shall be exempt from the sodding and seeding requirements as determined by the city, Department of Natural Resources, watersheds, or conservation district. The spreading of soil and seeding or sodding of the front and side yard lawn and sodding of the boulevard shall be completed ,lithin eRe )ear of before the issuance of the Certificate of Occupancy. 5 section 5. Retroactive Clause. , , ( All properties in violation of the provisions of this ordinance shall have eRe year six months from the time of issuance of the Certificate of Occu anc to comply with the requirements set forth in this ordinance. After that time the Cit, ma. use the escrow to establish the lawn. The escrow shall be on de osit (from the developer) in the amount of $2,500 dollars for each lawn that is not established at the time of issuance of the Certificate of Occupancy. Section 6. Enforcement. The Code Enforcement Officer of the City of Andover shall enforce this Ordinance. Section 7. Penalty. A violation of this Ordinance shall constitute a misdemeanor as defined by State Law as amended. Section 8. Separability. Should any section, subdivision, clause, or other provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part, other than the part so declared to be invalid. Adopted by the City Council of the City of Andover on this _ day of 2002. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk 6 JUL-17-1996 08:43 CITY OF BLRINE bl~(~q ~~Q~ r.~G/~~ LFinal Check-OffJEscrow Requirements "!!!!!!!T , , / ADDRESS: OWNER/CONTRACTOR: FIELD INSPECTOR: DATE: I. Curb stop bo:{ not in driveway and brought to grade flush with sod. Yes_ No - 2. Driveway completed and approved for side yard setback - and width - 3. No brush piles or construction debris pushed onto neighboring lots _' Tree preservation plan complied with _' During the summer season (April 16th through November 14th) it is expected that all work and improvements will be completed at the time of final inspection for the certificate of occupancy. , 4. Other unique requirements as per development agreement and covenants. Also, ifth= new house is in the designated flood-plain management area, as noted by the City Engineer, is there an. as-built elevation from an R.L.S. in the permit tile qualif)ing lowest floor elevation! During the winter season (November 15 through April 15), the following items will have to be !;scrowed for at the following suggested rates: I S. Final grading completed per grading pl.3.n. ($1,000) 6. A minilnum oHour (4") inches of black dirt on aU }'a,.--d! before laying sod. R-l, R-lAA $150 R-IA $1,000 7. Sodding of boulevard and yards. R-l, R-IM $1,250 R-lA 51,7S0 S. 2 1/2" caliper balled & burtapped front yard tree. ($250 each) Two mtuired in the R- tA districts. 9. 2 1/2" caliper balled a.nd burlapped boulevard tree (two if comer lot). Location and s~..ie per handout. ($250 each) 10. Driveway, hard surfaced. ($1,500) Total Escrow Provisions: Builder of home is to make a. cash deposit with City for 1.U1completed items prior to issuance of the certificate of occupancy. Howc::ver, a builder may submit a letter from the lender in a foon set forth on the reverse side, stating they will escrow the above cited amounlS for the uncomolered itm11 and not release suoh funds until Building Inspection verifies that. the work is completed. Building Inspection can then issue a certificate of occupancy. A fee of lifty dollars ($50.00) will be charged for every e~crow inspection. The fee shall be paid prior to the inspection unless the escrow is held by the City. Slgnatul'tl of this agreement authorizes the CitY to deduct the appropriate fee from the escfOW prior to remittance. By: -7 - Date: Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 8 \ Mr. Rooney (Myron) questioned if she would be required to connect to City sewer. Mr. \ , Bednarz stated yes. Mr. Rooney (Myron) questioned who would bear the cost for the connection to City sewer. Mr. Bednarz explained that the stubs are already available for City sewer. Mr. Rooney (Myron) questioned if the sewer connection were to move down the street more that it would be the homeowner's that would pay for the sewer. Mr. Bednarz stated that that is correct. He encouraged Myron to contact the City's engineering department for further questions. There was no further public input. Motion by Kirchoff, seconded by Hedin, to close the public hearing at 8:03 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, Approving the Lot Split request by Ry-chel Gaustad to Subdivide Property into Two Urban Residential Lots for Property Located at 1516 148th Lane NW, subject to the conditions included in the resolution and: 1. A separate easement document will need to be prepared and recorded with Anoka , County. , J Motion carried on as-ayes, O-nays, 2-absent (Squires and Falk) vote. Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. ... PUBLIC HEARING: AMEND ORDINANCE 8, SECTION 8 - PERFORMANCE STANDARDS. TO ESTABLISH STANDARDS FOR SOD TO BE INSTALLED ON ALL RESIDENTIAL LOTS IN URBAN AREAS. Associate Planner, D. Tyler McKay, explained that the Commission is asked to consider requiring developers to install sod on residential lots prior to the issuance of a Certificate of Occupancy or appropriate escrow during the winter months. Currently, the City has no requirements on lawn establishment prior to the issuance of a Certificate of Occupancy. The problem of residents not installing sod was discussed, as part of the Council goal- setting workshop. The City has relied upon homeowners to either install sod or seed the lawn within one year of occupancy. Additionally, all properties in violation were given one year to bring their property into compliance. Unfortunately, several examples of recently constructed homes continue to reflect an absence of established lawns by the homeowners that contribute to sand runoff into City streets and storm sewers. -J'- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28,2002 Page 9 Similarly, many lawns tend to become a little more than weed beds due to inadequate \ cultivation and the fact that many property owners fail to bring in enough topsoil to \ establish and maintain their lawns. Weeds quickly invade neighboring properties and greatly increase their lawn maintenance work and costs. As the aesthetic quality of their neighborhood decreases, often their property values and the community image also decreases. A survey of similar and neighboring communities is shown in the staff report and indicates Blaine requires developers to sod the entire lot, including 4 inches of black dirt before issuance of the Certificate of Occupancy. Lakeville requires sod on the front and side yards with a $1,000 escrow during the winter months before issuance of the Certificate of Occupancy. All other cities surveyed require developers to install or escrow for boulevard sod alone before issuance of the Certificate of Occupancy. The Planning Commission may choose to debate the merits of an escrow. If a builder decides not to establish lawn, they could be given three months before the City would use the escrow amount to establish a lawn. This would allow for unseasonably warm temperatures or arrangements between the builder and the new homeowner as to other uses for the yard such as a pool or garden. Although this may increase the overall purchase price of the home and cause more administrative and enforcement duties by City staff, it will also allow the City an option to resolve the matter if the neglected lawn is causing overall neighborhood deterioration. , Staff reviewed the various options before the Commission. Mr. Bednarz stated that / staffs recommendation is to require front and side yards of newly constructed residential urban lots to be completely sodded before a Certificate of Occupancy is issued. This would include four inches of organic/black soil to be spread before the sod is laid. Commissioner Kirchoff questioned if the reason staff is suggesting the lawns be laid with sod over seed is for the sod industry. Mr. McKay stated that the Commission could decide to allow sod or seed if that is the preference. Commissioner Hedin stated that he likes the idea of the homeowner having the option to sod or seed. Commissioner Kirchoff stated that he doesn't have a problem with having an escrow, since the homeowner would get the money back once they are in compliance. Commissioner Gamache stated that ifthere were an escrow they would still have three months to put in the sod. Mr. Neumeister stated that some cities put the responsibility on the developer. He mentioned that there wasn't a lot of support for allowing homeowners to seed. / -'1- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 10 Mr. Neumeister explained that staff is recommending the escrow be between the City and I the developer. Commissioner Kirchoff questioned if the current requirement of sodding the boulevard is with the developer. Mr. Neumeister stated yes. Commissioner Greenwald questioned the reason Andover is suggesting more of an ordinance than surrounding cities. He questioned if a developer is in the process of currently developing his land would they be required to comply with this new requirement. Mr. Neumeister explained that this would only be for new plats that come forward. He stated that there have been numerous complaints from residents in the last few weeks. He mentioned that another reason for the amendment is because the City needs to be concemed about conserving water since the City will only continue to grow. The black dirt would definitely help the water supply. Commissioner Greenwald questioned if the City of Andover has different soil than surrounding cities. He mentioned that sometimes homeowners wait to install their sod or seed until they've completed the landscaping and sprinkler systems. Mr. Neumeister stated that stafffeels the sod will reduce the amount of blowing sand, which causes the storm sewer system to block up. / Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 8:24 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. There was no public input. . Motion by Greenwald, seconded by Hedin, to close the public hearing at 8:24 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Squires and Falk) vote. Acting Chair Daninger questioned what would happen with the escrow if the sod weren't installed. Mr. Neumeister explained how the escrow process would work between the City and the developer. He mentioned that if the escrow is put on the developer he would put enough hold on the contract when he sells the lot to make sure the sod or seed would take place. Acting Chair Daninger mentioned that if this were the case, the buyer would have further contact with the developer and the homeowner. Commissioner Kirchoff questioned if this is the way things are already being done for the boulevard sod. J -/(1- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 11 Commissioner Gamache stated that currently homeowners have a year to sod or seed. / Mr. Neumeister stated that is correct. Mr. McKay recommended the Commission reduce the time frame from one year to three months. He went on to explain what would take place after the three months if the homeowner isn't in compliance. Commissioner Hedin stated that he would tend to support option #2 in the staff report, however changing the requirement to state "sod or seed", and without the requirement of black dirt. He agreed with having an escrow set up with the developer for a $1,000 and that time frame remain as 12 months. Commissioner Greenwald stated that he doesn't agree with staffs recommendation for the ordinance. Commissioner Gamache agreed with the time frame being three months, since once that time frame is up the process would begin to bring the property into compliance. He mentioned that he lived next door to a yard that wasn't sodded or seeded for some time. He agreed that black dirt should also be a requirement since it's important the City conserve the water supply. Commissioner Greenwald suggested revisiting the ordinance at a future meeting. He stated that probably 90% of the people put in their yard within a reasonable amount of I time. Mr. McKay stated that it's hard to put a percentage on it, since the City is only going off complaints. Commissioner Kirchoff stated that even though there would be the three-month requirement, it would really be six months before anything were to happen. Acting Chair Daninger agreed with the idea of having an escrow set up with the developer. He questioned the Commission if they are in support of the escrow being set at a $1,000. Commissioner Hedin suggested increasing the escrow. Mr. Neumeister stated that the building official indicated it would take almost $2,000 for the front yard, boulevard, and black dirt. Commissioner Hedin suggested the escrow be set at between $2,500 and $3,000. Acting Chair Daninger questioned the Commission if everyone agrees with getting the front yard in first. The Commission agreed. Commissioner Gamache mentioned that most of the landscaping homeowner's do is in the side yards and backyards. Commissioner Hedin suggested a $3,000 escrow. / -11- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28,2002 Page 12 J Commissioner Kirchoff questioned if all the responsibility is left to the developer. Commissioner Gamache stated that the homeowner would have three months to do something. Acting Chair Daninger suggested a $2,500 escroW. Commissioner Hedin questioned if the maximum size lot would be one acre or less. Mr. Neumeister stated yes. Acting Chair Daninger questioned the Commission on the three-month time frame recommendation made by staff. Commissioner Gamache mentioned that November 15th to April 15th wouldn't be included in the time frame. Mr. McKay explained that if someone were to move in late fall the time frame would start over in the spring on April 15th. Commissioner Hedin suggested the time frame be six months. Mr. McKay mentioned that the City would be willing to work with any resident that would call the City to inform us of what their plans are and that they are working on it. / Commissioner Kirchoff suggested the time frame be six months. Mr. Neumeister stated that the risk is more on the City in the situation where the developer were to go bankrupt. He mentioned that there wouldn't really be any more risk to the developer. Mr. Neumeister mentioned that if the developer weren't getting the cooperation from the builders, the City could stop issuing building permits to allow the developer time to address the problem. Acting Chair Daninger suggested six months for the time frame. The Commission agreed. Acting Chair Daninger questioned the Commission on how they felt about the black dirt recommendation. Commissioner Hedin stated that he doesn't feel there should be a requirement on the amount of black dirt required. Commissioner Greenwald stated that if there is going to be a requirement to sod either the front yard and/or the front yard and side yards then there should also be the black dirt requirement. Commissioner Gamache agreed and suggested it be included in the escrow. / -12-- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28, 2002 Page 13 Commissioner Greenwald stated that he doesn't like having a more rigid ordinance than the surrounding cities. He questioned if existing developments would be grandfathered lU. Mr. Neumeister stated that all existing developments would be grandfathered in. Acting Chair Daninger stated that he agrees with the 4" black dirt requirement, which is the same as the boulevard. Acting Chair Daninger stated that the Commission's recommendation is option #2 in the staff report, with the following changes. That the boulevard and front yard be sod or seeded with an escrow to be determined between $2,000 and $3,000 and set up between the City and the developer. There also should be a 4" black dirt requirement and a time line of six months. Mr. Neumeister questioned if the 4" of black dirt should be laid over the entire yard or just the front yard. Commissioner Greenwald questioned what the logic was behind the City just requiring the boulevard to be sodded. Mr. Neumeister stated that the requirement must have been to prevent erosion. \ Commissioner Greenwald questioned if the existing ordinance doesn't work. Mr. , Neumeister stated that that is correct. Mr. Neumeister recommended the 4" black dirt requirement for the entire yard instead of just the front yard. Commissioner Hedin disagreed with this requirement for the back yard. Motion by Hedin, seconded by Gamache, to recommend approval to the City Council Ordinance No. 111, an Ordinance Amending Ordinance No. Ill, Lawn Establishment in the City of Andover, subject to the following conditions: 1. An escrow shall be set up between the developer and the City for $2,500. 2. The front yard and the boulevard be sodded and/or seeded. 3. The homeowner shall have 6 months to come into compliance. 4. That 4" of organic/black dirt be laid prior to the laying of sod and or seed. Further Discussion Commissioner Kirchoff suggested the ordinance be reviewed in two years. Commissioner Hedin stated that this would be fine, however suggested it not be included in the motion. Commissioner Gamache agreed. -lJ- Regular Andover Planning and Zoning Commission Meeting "Unapproved" Minutes - May 28,2002 Page 14 Motion carried on a 4-ayes, I-nay (Greenwald), 2-absent (Squires and Falk) vote. J Mr. Bednarz stated that this item would come before the Council at the June 18,2002 City Council meeting. ~ PUBLIC HEARING: AMEND ORDINANCE 8, SECTION 4.05 -ACCESSORY BUILDINGS AND STRUCTURES TO LIMIT THE SIZE OF THE ACCESSORY BUILDINGS ALLOWED ON URBAN RESIDENTIAL LOTS, LIMIT HEIGHT TO ONE STORY AND REDUCE INTERIOR SIDE YARD SETBACK TO FIVE FEET. Mr. Bednarz explained that this item concerns modifications to the ordinances regulating detached accessory structures on urban residential lots. The issue was raised at the Council Goal Setting meetings in April of 2002 where the Council discussed the size of detached accessory buildings on urban lots and how much of the yard they occupy. No changes to accessory structure requirements for lots greater than one acre in size are proposed. A proposed ordinance amendment is included in the staff report. The amendment addresses the size, height and location of detached accessory structures on urban lots to strike a balance between allowing these structures and limiting their impact on urban neighborhoods. Discussion of these three aspects was provided. There is additional discussion ofroofpitch and access at the end of the staffreport, which is provided, J however these items are not included in the proposed amendment. Commissioner Gamache questioned if this ordinance includes pools or just buildings. Mr. Bednarz stated that the ordinance is referring to just detached accessory structures. Commissioner Kirchoff questioned if a gazebo would be considered a detached accessory structure. Mr. Bednarz stated yes. Mr. Bednarz mentioned that staff is proposing 308 s.f. of detached space. Commissioner Greenwald questioned why there are other cities that have more lenient requirements than Andover. He questioned subheading (3) in the Ordinance under Section 4.05. Mr. Bednarz explained that someone could have an attached garage with a minimum of 440 s.f., in addition to a 308 s.f. detached garage. . Commissioner Greenwald questioned the maximum size garage allowed ifit's attached. Mr. Bednarz stated that as long as the setback requirements are being met the attached garage could be as large as 3,000 s.f. Commissioner Hedin questioned if it would be possible to have 3 structures. Mr. Bednarz stated that this is possible. '\ / -lq.- @ \ CITY OF ANDOVER j 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: Schedule Special Council Meeting - Sunshine Park Public Service Complaint DATE: June 18,2002 INTRODUCTION The City Council held an Executive Session on June 5, 2002 to discuss allegations against two Park and Recreation Commission members. DISCUSSION As provided by state statute, once the City Council makes a determination "that discipline of any nature may be warranted as a result of those specific charges or allegations, further meetings or , hearings relating to those specific charges.. . must be open." The City Council made a determination to "consider disciplinary actions" against Park and Recreation Commissioners Al Grabowski and Dave Blackstad as a result of their review of the allegations considered at the June 5, 2002 Executive Session. Both Commission members would be required to attend this special Council meeting for purposes of hearing Council's determination as it relates to these allegations. ACTION REOUIRED Council is respectfully requested to consider scheduling a special Council meeting date on the following dates: Thursday, June 27; Monday, July 8; Tuesday, July 9; Monday, July 15 or Thursday, July 18. Re,pectful~:ed' fA . I @ , \ 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 Council Members CC: John Erar, City Administratorft./ , FROM: Will Neumeister, Community Development Director (J.fi--- SUBJECT: Schedule Workshop for "Development Contract" Review DATE: June 18,2002 INTRODUCTION One of the Goals for 2020 from the City Council Goal Setting Workshop was revising the language in the City's "Development Contract". The Planning Commission reviewed the language changes at their June 11, 2002 meeting, and their input was obtained. Staff would like to schedule a workshop with the Council to review the changes, prior to final adoption. I DISCUSSION Due to the level of detail contained within the "Development Contract" document, it is necessary that it be reviewed by the City Council at a workshop to give adequate time for input and discussion. Looking at the calendar of upcoming Council meetings, it is suggested that this workshop be held the same night as the workshop that has already been scheduled with the School District. That meeting is set for 6:30 p.m. on Wednesday, June 26, 2002; and this workshop could follow immediately after those discussions are finished. ACTION REQUESTED The Council is requested to schedule a special workshop meeting for June 26, 2002 to discuss the "Development Contract" document. Respectfully submitted, !aitI ;/I~6-- Will Neumeister @ \ CITY OF ANDOVER / I 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Schedule Council Workshop - Capital Campaign Planning Study Committee Report DATE: June 18,2002 INTRODUCTION The firm of Saterbak and Associates has informed my office that the planning study committee report outlining the level of anticipated community support for a capital campaign effort for the proposed Community Center project is nearing completion. DISCUSSION I Dave Assmus, the City's capital campaign consultant representing Saterbak & Associates is in the final stages of preparing the report and has requested that a meeting be scheduled with the City Council to present report findings. A meeting with Capital Campaign Planning Study Committee has already been scheduled for Thursday, June 27 to review the draft report prior to its final presentation. It is suggested that Council consider Thursday, July 11, 2002 at 6:30 p.m. to schedule this Special Council Workshop. Sports Complex Task Force members, YMCA representatives and Planning Study Committee members will also be invited to attend this formal presentation. Council may wish to consider whether this meeting should be televised on the City's public access channel. Similarly, YMCA representatives have indicated continued interest in the project, and will probably be requesting a meeting with the City Council in mid-July to discuss their involvement in the community center. Staff will discuss the possibility of scheduling the meeting with the YMCA on the same date being considered for the capital campaign planning study report presentation. ACTION REQUIRED Council is respectfully requested to schedule Thursday, July 11,2002 at 6:30 p.m. as a Special Council Workshop for the purpose of receiving the Capital Campaign Planning Study Committee Report. The meeting would most likely be held in Council Chambers. ," This report is the final work product of Phase I of the consulting agreement authorized by the , City Council with the firm of Saterbak and Associates. The receipt of this report does not ! - obligate the Council to proceed with Phase II of the Capital Campaign until a decision is made by the Council regarding whether to proceed with the proposed project. Frank Kellogg, Sports Complex Task Force Chair Dave Assmus, Saterbak & Associates , , ) \ 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 FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda Items for June 18,2002 Council Meeting DATE: June 18,2002 The Council is requested to review the supplemental material for the following Agenda Items: Table ~tem #3. Declare Cost/Order Assessment Roll/00-39/Chesterton Commons North 2nd Addition - Engineering , / hn F. Erar ity Administrator '\ J @ , / 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 Council Members CC: John Erar, City Administrato~ FROM: Scott Erickson, City Engineer SUBJECT: 3. Declare Cost/Order Assessment RoII/OO-39/Chesterton Commons North 2nd Addition - Engineering DATE: June 18,2002 INTRODUCTION The developer, Jerry Windschitl of Ashford Development Corp. Inc. has requested that this item be tabled until the next regular City Council meeting (see attached letter). Respectfully submitted, / OIl/a ...... Scott Erickson I cc: Jerry Windschitl, Ashford Development Corp., 3640 - 152nd Lane NW Cb~g 1'-'-- N J;.,""'" >F'\a"""'.~~ ~~-~ ~"f~,s.:.t_\ ~::~ 'tlt:tJ / JUN 1 8 2002 CITV Of';;\OOVi=RJ "-_.~......~_ _I June 18, 2002 John Erar By Fax and Hand Delivery City Administrator City of Andover RE: Declare Cost/Order Assesment Roll/00-39/Chesterton Commons North 2nd Addition Dear Mr. Erar We request that item Number 3, Declare Cost/Order Assesment Roll/00-39/ Chesterton Commons North 2nd Addition, be tabled. This is for the City Council Meeting on Tuesday June 18,2002. Please move this agenda item to the next regular City Council meeting. At this time we have not had a chance to fully review this item. Sincerely, Jerry Windschitl President Ashford Development Corporation, Inc. '\ J - t' - Of1~\ruJ \ (C}\ t DATE June 18. 2002 ITEMS GIVEN TO THE CITY COUNCIL ~ ~ . NPDES Phase" Email- June 12, 2002 . Anoka Area Ice Arena Memo - June 13, 2002 . The Brim Report . May 2002 Monthly Building Report . PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:\DA TAISTAFFIRHONDAAIAGENDAICCLlST.DOC r . TO: Mayor and City Council rJf/ MAY FROM: David Almgren RE: 2002 Monthly Building Report BUILDING PERMITS PermitlPlan Tax 'Total Valuation 28 Residential 27 SIW 1 Septic 3 Townh. $ 58.796.50 $ 2,098.50 $ 60,895.00 $ 4,197.000.00 12 Additions $ 8,862.64 $ 220.35 $ 9.082.99 $ 440,700.00 8 Garages , $ 2,850.47 $ 52.70 $ 2.903.17 $ 105,400.00 6 Remodeling/Finishing $ 240.00 $ 3.00 $ 243.00 $ 1 Commercial Building $ 18.745.07 $ 1,147.62 $ 19,892.69 . $ 2,825,407.00 1 Pole Bldgs/Barns $ 502.34 $ 9.40 $ 511.74 $ 18,800.00 3 Sheds $ 303.44 $ 4.55. $ 307.99 $ 9,100.00 16Swimming Pools $ 2,096.30 $ 51.65 $ 2,147.95 $ 103,300.00 2 Chimney/Stove/Fireplace $ 193.10 $ 3.95' $ 197.05 . $ 7.900.00 2 Structural Changes $ 244.02 ' $ 3.80' $ 247.82 $ 7,100.00 74 Porches/Decks/Gazebos $ 7.985.14 $ 113.16: $ 8,098.30 · $ 225,728.00 o Repair Fire Damage $ .$ - . $ $ 37 Re-Roof/Siding ,$ 1,520.00 · $ 18.50: $ 1,538.50 $ 1 Other $ 214.85 $ 6.20' $ 221.05 $ 12,395.00 o Commercial Plumbing $ - i$ :$ .$ 1 Commercial Heating ,$ 1,861.45 $ 61.72 , $ 1,923.17 $ 123,450.00 1 Commercial Fire Sprinkler $ 32.65 $ 0.50' $ 33.15' $ 750.00 1 Commercial Utilities $ 3,210.49 : $ 135.00 i $ 3,345.49 $ 270.000.00 o Commercial Grading $ $ - $ $ I 194 SUBTOTAL '$ 107,658.46 I $ 3,930.60 $ 111.589.06 $ 8,347,030.00 PERMITS ! FEES COLLECTED 194' Building Permits $ 107.658.46 I $ 3.930.60 . $ 111,589.06 : o Ag Building $ - $ i$ o Curb Cut $ !$ - '$ - o Demolition $ - $ 1$ 2 Footing $ 30.00 ' $ 0.50: $ 30.50 o Renewal $ i$ - ,$ - o Moving $ i$ $ 70 Heating 1$ 2,815.00 . $ 35.00 i $ 2,850.00 37 Gas Fireplaces $ 1,480.00 I $ 17.00. $ 1,497.00 : 63. Plumbing '$ 3,700.00, $ 31.50 ~ $ 3,731.50 : 26 Pumping : $ 130.00 I $ - :$ 130.00 4 Septic New '$ 160.00 . $ 2.00 i $ 162.00 i 4 Septic Repair $ 160.00 : $ 2.00' $ 162.00 : 28. Sewer Hook-Up ,$ 700.00 $ 0.50 $ 700.50 I 27 Water Meter '$ 1,350.00 , $ 0.50, $ 1,350.50 . o Sewer Change Over $ - ,$ - i $ - I 1 Water Change Over $ 50.00 1 $ 0.50 $ 50.50 . 38 Sac Retainage Fee $ 456.00 , $ - i$ 456.00 28 Sewer Admin. Fee $ 420.00 : $ $ 420.00 I 29 Certificate of Occupancy $ 116.00 $ ! $ 116.00 i 30 License Verification Fee $ 150.00 $ ,$ 150.00 ' o Reinspection Fee $ - ,$ - '$ i 16 Contractor License $ 475.00 $ $ 475.00 . o Rental License $ ]$ '$ - o Health Authority $ $ $ 597 TOTALS $ 119,850.46 $ 4,020.10 $ 123,870.56 , Total Number of Homes YTD 2002 117 Total Number of Homes YTD 2001 106 Total Valuation YTD - 2002 ' $ 24,341.568.96 Total Valuation YTD - 2001 $ 48,090,578.00 Total Building Department Revenue YTD- 20021 1$ 390.619.90 , Total Buildin De artment Revenue YTD- 2001 $ 473,531.40