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Home My WebLink AboutCC September 3, 1996 / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 · (612) 755-5100 Regular City Council Meeting - September 3, 1996 Call to Order - 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes Betsy O'Berry/State Representative Candidate Discussion Item I. Consideration of Anoka County Sheriff Contract 2. Set Truth in Taxation Hearing 3. Livable Communities Act 4. Sketch Plan/Woodland Estates 5. Discuss Reimbursement RequestJIngo Schalwig \ ) Non-Discussion/Consent Items 6. Purchase of Office EquipmentJPublic Works 7. Adopt Preliminary Budget/Adopt Proposed 97 Levy 8. Dare Contract 9. Kennel License RenewaV208 - 166th Avenue NW 10. Transfer of Ownership /Meredith Cable to Continental Cablevision II. Transfer of Ownership/Continental Cablevision to US West 12. Approve Final PlatlHunter's Hollow 13. Approve Amended Special Use Permit/ Bulk Storage of Liquid Fuels/ Bill's Superettel14041 Round Lake Blvd. NW 14. Approve VariancelBill's Superette/14041 Round Lake Blvd. NW 15. Approve Special Use Permit/Car WashIBill's Superette/ 14041 Round Lake Blvd N.W. 16. Accept Petition/Order Feasibility Report/96-23113625 Jay St. NW 17. Approve Feasibility Report/96-23113625 Jay S1. NW 18. Award Bid/95-26/Shadowbrook 19 . Award Bid/96-8/Miscellaneous Bituminous Park Trails 20. Coon Creek Watershed District/1997 Budget Mayor-Council Input Payment of Claims Adjournment agenda Bookmark Name minutes sheriff taxation lea woodland schalwig officeequip budget dare kennel meredith continental fplathh bulkstorage variance carwash acptpet acptfeas bid9526 bid968 ccwd CITY OF ANDOVER REQUEST FOR COUNCIL AcrION September 3, 1996 DATE '- AGENDA SECTION ORIGINATING DEPARTMENT APPROVED 1'0. Approval of Minutes FOR AGENDA ITEM City Clerk 1'0. BY: Approval of Minutes V. Volk ~.~. The City Council is requested to approve the following minutes: August 20, 1996 Regular Meeting August 20, 1996 EDA Meeting - , ) MOTION BY: SECOND BY: \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 3.1996 AGENDA SECTION ADMINISTRA nON Richard Fursffian Discussion ITEM NO. \. Consideration of Anoka County Sheriff Contract Request: \ J The City Council is requested to consider the budget for the Anoka County Sheriff Contract effective January 1, 1997. The contract amount indicated on the attached worksheet is for $600,184. The contract amount for 1996 is $553,190. There were some inflationary adjustments made to the contract for wages. In addition, FICA was added to the contract at a cost of $2734. Medicare was added at $5,374. A significant change was a doubling of the vehicle maintenance cost from $19,316 to $38,906. I have asked that the County be prepared to answer questions of the Council regarding the contract for 1997. \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 3.1996 AGENDA SECTION ADMINISTRATION Richard Fursman Non-Discussion ITEM NO. g. DARE Contract Request: J The Council is requested to review the police liaison DARE officer's services for the 1996-97 school year. The budget has increased by approximately $7,000 due to the addition ofthe Oak View Middle School which has the largest capacity per student and will take the greatest amount of time for the DARE program. j ANDOVER \NUARY 1,1997 FORTY HOURS SWORN PERSONNEL TWELVE HOURS C.S.O. 365 DA YSNEAR 365 DA YSNEAR I. PERSONNEL A. \ ) B. C. Sworn Deputy Sheriff 1) 8.4 Deputies at $3,467 per month ................................ $349,474 2) Overtime (Average 7 hours/month per Deputy) . . . . . . . . . . . . . . . . . . . . . . . . . 21,170 Non-Sworn C.S.O. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35,741 Benefits for Sworn and Non-Sworn P.E.R.A. (Sworn) 11.4% of $370,644 ........................ 42,253 P.E.R.A. (Non-Sworn) 4.48% of $35,741 ...................... 1,601 FICA - 7.65% ......................................... 2,734 Medicare .................................,.......... 5,374 Severance Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3,495 Unemployment Compensation .............................. 874 Life Insurance .......................................... 143 Health Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 28,224 Dental Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2,209 Long-Term Disability Insurance. . . . , . . . . . . . . . . . . . . . , . . . . . . ., 1,083 Clothing Allowance ...............,..................... 4,560 Workers Compensation ................................. 10,016 Total Benefits ............,..................................... 102,566 TOTAL PERSONNEL COSTS $508,951 ............................... ........... II. VEHICLE A. Police Equipped Vehicles (2) ....................................... $43,200 B. C.S.O. Vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,000 C. Maintenance Costs 1) Vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38,906 2) Emergency & Communications Equipment. . . . . . . . . . . . . . . .. 864 3) Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1,350 4) Cellular Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 600 III. IV. " ) TOTAL VEHICLE COSTS .............................................. $92,920 ADMINISTRATIVE COSTS Administrative, Clerical, Etc. .......................................... . $44,000 TOTAL COST TO CONTRACTING MUNICIPALITY ...................... *Less Amount Received from State for Police State Aid NET COST TO CONTRACTING MUNICIPALITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $645,871 -45.687 $600,184 *This figure is determined by the State and is subject to fluctuation. The latest figure available is $5,439 per Deputy. ~~OPOSAL A FORTY HOURS SWORN PERSONNEL TWELVE HOURS C.S.O. 365 DA YSIYEAR 365 DA YSIYEAR I. PERSONNEL A. Sworn Deputy Sheriff 1) 8.4 Deputies at $3,381 per month ................................ $340,805 2) Overtime (Average 7 hours/month per Deputy) . . . . . . . . . . . . . . . . . . . . . . . . . 20,650 B. Non-Sworn C.S.O. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . 35,040 C. Benefits for Sworn and Non-Sworn P.E.R.A. (Sworn) 11.4% of $325,455. . . . . . . . . . . . . . . . . . . . . . .. 37,101 P.E.RA (Non-Sworn) 4.48% of $35,040 . . . , . . . . . . , . . . . . . . . . .. 1,570 Severance Allowance . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . ., 3,408 Unemployment Compensation ............................,. 852 Life Insurance ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 168 Health Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28,594 Dental Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2,209 Long-Term Disability Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1,056 Clothing Allowance ...................,................. 4,560 Workers Compensation .................................. 9,772 Total Benefits ...................,........,.......,.............. 89,290 \ ) TOTAL PERSONNEL COSTS .......................................... $485,785 II. VEHICLE A. Police Equipped Vehicles (2) ....................................... $40,460 B. C.S.O. Vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . .. 10,000 C. Maintenance Costs 1) Vehicle. . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . .. 19,316 2) Emergency & Communications Equipment . . . . . . . . . . . . . . . .. 864 3) Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 1,350 4) Cellular Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 550 TOTAL VEHICLE COSTS ..........................................,... $72,540 III. ADMINISTRATIVE COSTS Administrative, Clerical, Etc. . . . . . . . , . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . ,. $40,247 IV. TOTAL COST TO CONTRACTING MUNICIPALITY . . . . . . . . . . . . . . . . . . . . . . . *Less Amount Received from State for Police State Aid NET COST TO CONTRACTING MUNICIPALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $598,482 -45.292 $553,190 , / *This figure is determined by the State and is subject to fluctuation. The latest figure available is $5,392 per Deputy. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION .' DATE September 3. 1996 AGENDA SECTION Discussion ORIGINATING DEPARTMENT Finance Jean D. McGann lITEM NO. ~. TRUTH IN TAXATION HEARING The Andover City Council is requested to select two dates for the Truth in Taxation hearing on the 1997 Budget. Minnesota Statute 275.065 requires Cities to hold a public budget hearing for property taxes payable in the year 1997. These hearings must be held between November 29 and December 20. If a continuation hearing is necessary, it must be at least 5 days but no more than 14 business days after the initial hearing. \ ) The following dates are not available due to conflicting hearings by other jurisdictions. December 2,3 December 9,10,11 December 17 City staff suggests the following dates; Wednesday, December 4, 1996 as the initial hearing date with the continuation hearing on Tuesday, December 12, 1996. NOTE: There has never been a continuation hearing held in Anoka County. It is more of a formality that the second date is picked. j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 3.1996 AGENDA SECTION ADMINISTRATION Richard Fursman Discussion ITEM NO. ~. Livable Communities Act Request: '. / The Council is requested to discuss the Livable Communities Act of 1995 as it relates to possible participation in 1997. The City has been contacted by Thomas McElveen, the deputy director of the Metropolitan Council, to determine ifthe City would be interested in being part of the Livable Communities Act. The biggest carrot in front of Andover right now is the tax base revitalization account which provides funds to clean up contaminated land to support economic development, job retention, and job growth. Approximately 2 1/2 million will be available from this fund for the fall grant cycle. The City is presently spending hundreds of thousands of dollars on contamination removal and would appear a likely candidate for grant funding. The dollars the City would have to contribute to be part of the Livable Communities Act would be $1,751, approximately, for the year 1997. A hypothetical project budget is included with this memo for your review. .1 PROPOSED PROJECT BUDGET FOR BLOCK "Z" SITE APPLEBURG, MN I. CLEAN-UP BUDGET A SITE INVESTIGATION AND REMEDIATION PLAN DEVELOPMENT 1. Phase I ............................................................ $2,000 2. Phase II ........................................................... $50,000 3. Preparation of RAP .................................................. $68,000 Total Site Investigation and RAP $120,000 B. IMPLEMENTING TIIE PLAN: CLEAN-UP COSTS 1. Soil excavation ...................................................... $60,000 Back-fill of hole. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50,000 2. Monitoring wells ..................................................... $2,500 Closing out wells ..................................................... $1,000 3. Contract for on-site testing during clean-up. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15,000 / 4. Soil treatment costs transportation to treatment site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30,000 treatment of contaminated soil ........................................... $260,000 landfill costs of soil below threshold ....................................... $150,000 5. Contamination monitoring (air sampling) contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . $30,000 * Eligible for Tax Base Revitalization Grant $598,000 Total Clean-Up Budget $718,000 II. DEVELOPMENT/REDEVELOPMENT BUDGET A Relocation costs ....................................................... $215,000 B. Site preparation and landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $315,000 C. Construction: 52,000 ft2 office showroom .................................. $2,600,000 D. Infrastructure: road resurface and utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $890,000 Total Development/Redevelopment Budget $4,020,000 TOTAL PROJECT BUDGET $ 4,738,000 8 ~ Metropolitan Council ~ Working for the Region, Planning for the Future \ ) DATE: August 8, 1996 TO: Metropolitan Area Communities FROM: Thomas C. McElveen, Deputy Directo SUBJECT: Certification of the Affordable and Life-cycle Housing Opportunities Amount - ALHOA Metropolitan Livable Communities Act '/i A" a ,-."'ft"I!" "ll1nltv ..'L...... d;~ n'" ~h~'e t~ p~rll'....in~tp:... f-h~ L.;,.:-....le r-.....!Y!'_u....:..;a-... "ct~" 1<)0, (! rA) thi~ ..~ _._';l~ 1__..__.1 ~:.~!. '."",~ .Vt....... ...""..... V (.4._1. "".j-'__* &.:.J. ......:..... ....J.r.v. ~'\.'._l.lt.". .J........_.~ ,t-1. .. 'O.J.J. .... -"'__ __.. '_ year, you will shortly be contacted by your Metropolitan Council sector representative to discuss your interest in participating during 1997. Beginning in 1997, the LCA requires voluntarily participating communities to spend funds to create or maintain affordable and life-cycle housing opportunities in order to compete for access to over $11 million in three LCA funding accounts. This affordable and life-cycle housing opportunities amount (ALHOA) is determined by a formula prescribed in the law involving market values, tax capacity, and tax rates, and must be reported to all metro area communities whether or not they are participating in the LCA. ~j For 1997, if you should choose to participate, the ALHOA expenditure for your community is the amount found in the shaded column of the enclosed ALHOA notification. There are a number of sources that can count towards your ALHOA. Some examples include - local financial contributions to housing assistance, development or rehabilitation progranlS, the use ofCDBG monies for housing activities or a tax le'....y to support a local or county HRA. For your convenience, a model resolution regarding participation in the LeA in 1997 is enclosed. Please follow this fonnat in preparing a resolution of the participation if you decide to be a part of the LCA next year. If YOLl have <'.uy '"lues,ions ahour the ALHOA, piease ~n Guy Peten:on oime Office ofLocai Assistance at 29!-6418. If you have questions about participation in the LCA in 1997, please call the Metropolitan Council sector representative for your community as listed below: Anoka, Washington, and Ramsey Counties Dakota, Carver and Scott Counties Hennepin County Minneapolis and St. Paul Dick Thompson Carl Schenk Tom Caswell Guy Peterson 291-6457 291-6410 291-6319 291-6418 o U. \1(RUGERIFCTCRSOl NJ P. \RT I. DOC 230 East Fifth Street 51. Paul. Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TrY 291-0904 An Equal Opportunity Employer Metro Info Line 229-3780 \o~ ~-( ~o'" , ~,,~ /0'0 ~ RESOLUTION NO. RESOLUTION ELECTING TO BEGIN PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1997 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistant to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goaIs for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, by June 30, municipalities electing to participate in the Local Housing Incentive Account Program must identify to the Metropolitan Council the actions they plan to take to meet the established housing goaIs; and / WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated affordable and life-cycle housing goaIs for each municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November IS of each year; and WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November IS, 1996; (b) the Metropolitan Council and the municipality successfully negotiate affordable and life-cycle housing goaIs for the municipality; and (c) the Metropolitan Council adopts by resolution the negotiated affordable and life-cycle housing goals for the municipality; NOW,.THEREFORE, BE IT RESOLVED THAT the {specific municipality} hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. By: Mayor By: Clerk / U:\KRUGER\PETERSON\MRES I.DOC CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 3. 1996 J AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Department David L Carlberg ~ Community Development Director I~~ NO. Sketch Plan - Woodland Estates Section 222 Woodland Development Company The City Council is asked to review and comment on the sketch plan of Woodland Estates located in Section 22 as being proposed by Woodland Development Company. The sketch plan consists of 160 single family lots. Planning and Zoning Commission Review '\ ./ The Planning and Zoning Commission reviewed the sketch plan on August 13, 1996 and tabled the item to allow staffto review the Municipal State Aid (MSA) designation in the vicinity of the proposed sketch plan. The Commission discussed the MSA designation on August 27, 1996. The Commission recommended the Council consider an MSA road in the area of or adjacent to the sketch plan. The Commission recommended that if the City Council determines that an MSA road is needed through this area that the route or location should be the least disruptive as possible. Attached is the staff reports from their meetings for background information and Council review. Park and Recreation Commission Review The Park and Recreation Commission reviewed the sketch plan at their August 15, 1996 meeting and recommends the acceptance of cash in lieu of land. The minutes are attached for Council review. , / \ CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION / DATE August 27, 1996 AGENDA ITEM ORIGINATING DEPARTMENT ~ APPROVED FOR AGENDA 7. Sketch Plan - Woodland Estates Planning Section 22 David L. Carlberg Woodland Development Compa YBY: Community Development Directc Ir BY: Request The Planning and Zoning Commission tabled this item at the August 13, 1996 meeting and referred the sketch plan back to the Andover Review Committee (ARC) to primarily examine the Municipal State Aid (MSA) road designation in the area of the sketch plan. The Engineering Department has examined the site and will be presenting a map showing alternative routes for a MSA road. \ I 1;;:r<~it-"-. : ~--=.Jl 'S7... ~I; : ~ll~6'1'I ~.. Iol,W : ~ -: ;11. ~':Jl- ~ ~jl~' . "~~~"D - ..~'j. " '. ~d?'/";-'I \ .....::;....gJi 1.1--- ''S = --.....~ J; ~L.~~..~>> ~ /,(o'\:4'sY",,-!" /'__--161~d I.L.'~d:~ . . . . ~ . ;;; ; ~ - . . \0 .~~ , ::7!", tIE"" . . .............-:w-~c-..-~~. l.OU c:: ~.&26:~ ~ L'. ;// ;;;11 .I~rl ~~ xl' ;./ . :;;1' ;11 .. ~ ~/ ~I:. ~;; ~~ I,. '(51; Z \\ ~I~ ) \~:. 5,\,..."i!~~ 4"'.... ,_ ~ 0 , ,'''''' . 0 \.-0:"," _I.. ...... ("". \'9.-. M ~ "" \'''' ""'"" Qr.... IY!:'.. ~;.: ..... l~;ic AV(. ,. .._-_._~- o o o "" .....:: N t'l. ....... .""'" .,, . , // '- / ----/ / ............ ---".". -.......... -....... ..s - "'" ::\1_" ~l~ ~ '=> "'i Ifl~"d LA. N... :;; 16?"'~ ~~. ~.. / / ~ ',::1 :05 . .. ;;. . . . , . . :: ~. ;:. ~~ S:cr:l . ;;; .. " ~ 410 ~ .,' ~'I i!( :~9"'l"l~'Vt' r-- -. ~v'!.. :~ 4500 / .. 4500 :&;!. '... /' "'oil :~' :li;lSC."'OS ~'~.,~ ~.'lI.1i 0 ~ CD J) = . ~" ;~\ .~~;; ... ~ /.,-~,.- . {;-, C'. ::1; \. iJ' 4500 450 , :;- c.' c" "''.:, ~I : LO::; :5~"'" ....l... .....IiI'. . .... .t::1! ;.. ;;~z ;;E z', gil'.,:!t - >> :S;,....' r,fI 'I (' ~~U o o cr:l to- " ~ @ ; ~ c /' ~ . '" I ---...., I "'" I --- i , 11,.... -II ~! :;;:~Q't'" ''i~. ( \ .. ~.r ; :~.:.. .e. '.1111. ~ c ..... f1'" '7 fr1 __ /r~ ~ 7"- <-::pt -Si'l ru^- ;r-_ ~i .-,;0;""-:'::: .C ~ J.. ~!~ . "1._, .' ......... .' ....... 10 \ / L.=.~e I -' """ ~'~.:i~. .":~". .~':.. ...1l.;S~7~<~ ~ :/ ~ '.". " : :r. ;' 3 ;Ii = -- ~L_215.0 ; . -~::.. ' ...... ~~ :::. -':l".= ..J'" :::>-0: .. .t.. "'.111. i c' o ~.~l~~; --- ......,_..;~~- --- .~ ~~ -,..--......... ""~,.~: _.- ~ .. ".. j.;.~~--- - .~?--: -. ; -' \\ ;;. ~,: '':--= .l.v:. '11.'11'. "",,' :..... .. ~;,,~ c;: :::?-e :'1~. ... ~~;':'5" ..:.. :;;1; \ -';'~~~::".S. .1.. 'tow, ;- 05.1"'-- ., " \~,: -.,;3 '~ \ ....:.:S~~. ~' :'='_I'~,.,. ". '~. ~c:;; !.~:~~.~;.'~; _:',-~ ~\~:~., .' . " "..... . ~.. . ,,"; ~ " .. ~. _~,~~?"'" ':;."t~:; _ ... _ 'it" '-:~;.t~_-_;:-.-,~::-..~ ". ",,-.__ ",_':;C.O.'_"'-"_-:~ ~}~'::;"~,.'.. ~ ,:,: . . - . = '., :'::",,';: - : -=- "./11. ~ '''/;~...~;",-,,4 t>J:1;. ; _: i" \". .''' ~". . ~ " 9200 _ ~:~ " ,,;s:. ';.; .~; .. " ~ .".. :'_~~~, _.~: ~~ '.'" /.' ::~-"9! . .i'.~: _ ~,.. ,,'. '" -"~ ~ '.,.~:.r 'b7 I/' ".; .~o ii.; 10000;' --, ~:--=-~ _~,~ F ':.,1 Y-:>>~. ;!:, ~~o~.:;;" ~:: ,,iiJ S; . _t='..".". _.'M'I""'-'~- -,. -'~ · :2; A ~ I :: _Z1ttii f' i)~: i:~:,~.:>~\~;;::?r.~ >D ~~- ':~~t::='?~; ;~; _ .._.....~'.'''~' ... ,." ".1[g; ,.. .".0 .".-' . ',.... = c . . ! - "==;' :'".= 0: ,~-----=::L""'/';~'i() ~ ~~-~-- ~ ~'=;'7-= ., .....-.. ~. ...... ~ :~ ~..-~.~::= :,,~, ==-" '\. . 1 \. ; =-:: 8600 :~~.. :: ,~ ':..- - . - ~ '.. l~?;') ;:~: -~~ -.~' ". :: ...., -: --=.:.---:. ;; 74Uu--7 j';C .!!-. ~ '" ~~. "4... ~ 3~~~"~= Regular Andover Planning and Zoning Commission Meeting Minutes - August 13, 1996 Page 5 (Public Hearing: Special Use Permit/Car Wash/Bill's Super ublic hearing p.m. MOTION by Barry, Seconded by Luedtke, to close Motion carried on a 6-Yes, I-Absent (Peek) vote. MOTION by Apel, Seconded by Putnam, that we send no the City Council the recommended approval of the Resolution granting the Special Use Permit for the car wash as prepared by Staff w,Cfd for word. DISCUSSION: Commissioner Apel felt the hours of opera~on issue in this particular situation is different enough and the ~chnology is different enough that he would not be interested in ~miting the hours of operation. That can be reviewed on an annua asis; and if after a year it is determined that the operation sh ld be limited, it is simple to amend the Permit. Motion carried on 6-Yes, I-Absent (Peek) vote. This will be on the September 3, 1996, ity Council agenda. 7:52 p.m. ORDINANCE NO. 10, PLATTING AND SUBDIVIDING PUBLIC HEARING: ORDINANCE Mr. Carlberg as a that the item be tabled to the next meeting. If the material is no available for the next meeting, Staff would readvertise the public aring. ) Luedtke, Seconded by Wells, to table the public hearing on No. 10, the Platting and Subdividing Ordinance. (to the Augusc meeting) Motion carried on a 6-Yes, I-Absent (Peek) vote. (B SKETCH PLAN - WOODLAND ESTATES - SECTION 22 COMPANY - WOODLAND DEVELOPMENT Byron Westlund, Woodland Development Corporation, reviewed the sketch plan of the proposed development of Woodland Estates, which consists of 160 lots on 78 acres. The Laptudas wish to reside in their existing home on a one-acre lot, which will be located on the northeast portion of the proposed plat. The proposal would be that they will continue to use their on-site septic system and well with the understanding that they meet the 39, ODD-square feet. If something would go wrong with their septic system or well, they would hook up to the municipal sewer and water. The Laptudas have asked that the pole building be kept in place and they would lease it for three to four years. At the end of that term, the building would be removed. Because the plat will be phased, that area could be put in the second phase so the pole building does not encroach into the view of other people. \ j Mr. Westlund explained the Anoka County Highway Department has expressed concern with their northern exit to the plat. They are amenable to th~ County's suggestion to end that exit in a cul-de-sac and provide the second exit even further north which is now shown as a cul-de-sac. There is also some talk about revising the intersection of Nightingale and Crosstown to make it a T intersection. That is out of their control. It is a heavily wooded parcel, and they are making an effort Regular Andover Planning and Zoning Commission Meeting Minutes - August 13, 1996 Page 6 " (Sketch Plan Woodland Estates - Section 22 - Woodland Develoment Company, Continued] to minimize the tree loss. Staff has asked them to show how the areas to the north, west and south can be subdivided, which they have now shown for an R-4 zoning. The lot sizes in the plat exceed the minimums, as the average lot size is 95 x 140 feet. Mr. Westlund stated there was discussion by Staff regarding an MSA road through the area. To address that, they pulled the soils maps to determine the feasibility of a road going further west out of their plat. To the west is primarily peat which is currently being farmed. Plus there is hugh significant wetland. They don't see a future connection of an MSA route through their plat, thinking it would be very difficult to do. It would also have a significant impact on the layout of the plat. Mr. Haas reviewed the designation of an MSA route to connect Round Lake and Crosstown Boulevards, the requirements of development abutting an MSA route and the reasons for such designations. It is now possible to float roadways through wetland areas or to dig out the peat. This is a very important road to consider at this sketch plan stage. There have been a few times that an MSA street was a part of a development, such as the Hidden ~reek plat. Commissioner Apel raised the issue of the taking of private property for public use if the City would require an MSA road through a development. , , / Mr. Haas felt that an MSA route could be implemented easily on the north property line of this proposed plat. He'd like to go back to the Andover Review Committee to talk about this again and to further research the feasibility of an east-west MSA designation. The Commission felt this item is significant enough that they would like to see that information before making a decision on the sketch plan. The Commission also discussed the desire to have a trail system through the development to connect with Sunshine Park. There was some frustration that there is no updated comprehensive trail system for the City to use when considering trails in new developments. Mr. Weatlund then showed a proposed 20-foot wide trail system through back yards and street right of ways with a small tot lot in the center. His concern is that the trail would go somewhere once it comes to the edge of the plat. They will continue to work with the City on this issue. Mr. Carlberg stated if the intersection of Nightingale and Crosstown Boulevard is reconfigured, it would be a four-way intersection. At that time it would be a safer intersection to get people across to the City park system. Mr. Haas stated he will be meeting with representatives of Anoka County on their 2020 trails plan, which may incorporate a bikeway system through parts of Andover. Mr. Carlberg then presented the Staff report on the details of the I proposed development. The Park and Recreation Commission will be / reviewing the parks and trails issues. In addition, the City will b~ looking at another well location in this area to service the additional developments as called for in the Water Resources Management Plan. Regular Andover Planning and Zoning Commission Meeting Minutes - August 13, 1996 Page 7 \ ) (Sketch Plan Woodland Estates - Section 22 - Woodland Develoment Company, Continued) MOTION by Wells, Seconded by Barry, to table this to the Review Committee for MUSA water storage facilities and for addressing the park or trail system, define the significant amount of trees and deal with the MSA road system. Motion carried on a 6-Yes, I-Absent (Peek) vote. KET(,U PT.A.N' CROWN POINTE EAST LOPMENT CORPORATION, I.Nc.:. SECOND SECTION 25 ASHFORL \ I Jerr Windschitl, Ashford Development Corporation, reviewed the sketch plan his proposed plat of Crown Pointe East Second. The property is current zoned R-l and will need to be rezoned to R-4. It consists of 70 singl family lots. The road locations were predetermined by the Crown Poi e East plat. Sewer and water lines are on the property. There is an xisting residence, and the owner of the house is intending to remain 0 the property. That lot has been sized to meet the requirements ~ setbacks and size and will be hooked up to sewer and water plus the xisting well capped. The other structures on the site will be removed uring the platting process. No variances are needed, but there is an ex ting variance that was issued when the City acquired right of way on P airie Road. There will be some overlap in the drainage of this pIa and Crown Pointe East, but there will be a new drainage plan that wi I have to be approved by the City and the LGU. This is the last remaI ing parcel in that area to be developed, and there is no contiguous p operty to develop. Commissioner Wells asked a trail system was considered along the creek and then south along airie Road to Bunker Lake Boulevard. Mr. Windschitl stated when the tr il system was done years ago, the thought was to go north rather than ea t with that trail. There is no proposal to go east in the Comprehensiv Plan. Mr. Carlberg stated there has been talk of a trail on the ast side of prairie Road along the Shadowbrook plat. The Park and Re reation Commission will be reviewing this on August 15. Mr. Haas stated\there is no easement along the creek on Crown pointe East, which should\pave been done in order to have a connection between prairie Road and the location of the proposed trail to the north. The Commission asked th~t in the future they be prvvided with a small trails map and State Aid designation map to facilitate in planning as the plats come in. ~ Commissioners Barry and Wells raised their 'concerns with developments will have on traffic and schools. Mr. highlighted the Staff comments on the sketch plan. further comments. the affect the Carlberg then There were no ~ / OTHER BUSINESS Mr. Carlberg reviewed the actions of the City Council at its July 16 and August 6 regular meetings. Also, Staff expects to have the Planning '\ / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION August 13, 1996 DATE AGE.t.ID~ ITEM ORIGINATING DEPARTMENT APPROVED FOR 7. Sketch Plan - Woodland Estates Planning AGENDA Section 22 David L. Carlberg ~ Woodland Development Compa y Community Development Directc r BY: BY: Request The Planning and Zoning Commission is asked to review the proposed sketch plan of Woodland Estates located in Section 22 as presented by Woodland Development Company. The proposed sketch plan contains 160 lots. General Comments * The proposed sketch plan is located in an R-1, Single Family Rural Zoning District. The developer will need to make application to rezone subject property to R-4, Single Family Urban. * All lots shall be required to meet the provisions of Ordinance No. 10, Section 9.06a(1) which relates to lot size and buildability requirements. The property is currently located in the Metropolitan Urban Service Area (MUSA). In addition, the front 100 feet of each lot must be buildable which is a standard the City uses for lots developed with municipal sewer and water. * The Water Resource Management Plan shall be implemented with the development. * The 100 year pond elevation shall be identified on the preliminary plat. In addition drainage and utility easements are required for the 100 year flood elevations. * 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, LOU 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. \ Page Two Sketch Plan - Woodland Estates Section 22 Woodland Development Company Planning and Zoning Commission Meeting August 13, 1996 * There may be wetlands within the proposed development that must be delineated by agencies and indicated on the preliminary plat. The Local Government Unit is the Coon Creek Watershed District. The developer shall contact the CCWD to discuss the 1991 Wetland Conservation Act that is in effect. " * The developer is required to meet the following City Ordinances and all other applicable ordinances. Ordinance No.8, the Zoning Ordinance Ordinance No. 10, the Platting and Subdividing Ordinance Ordinance No. 29, Diseased Shade Tree Ordinance & the Tree Preservation Policy Ordinance No. 114, Wetland Buffer Ordinance * The Planning and Zoning Commission should remember that this item has not been studied by staff in detail as most of the detail will be reviewed as a part of the preliminary plat. Park and Recreation Commission Comments The Commission will be reviewing the sketch plan at their August 15, 1996 meeting. The Commission will need to review the potential location of parks in the plat. Andover Review Committee Comments The Andover Review Committee (ARC) met on Thursday, August 1, 1996 to discuss the sketch plan of Woodland Estates. Comments from the meeting are as follows: * The adjacent property shall be layed out as specified in Ordinance No. 10, Section 6.02. This Section states that the subdivider can be required to show " ;' / Page Three Sketch Plan - Woodland Estates Section 22 Woodland Development Company Planning and Zoning Commission Meeting August 13, 1996 adjacent property and any other property as determined by the Planning and Zoning Commission. The Andover Review Committee recommends the Planning and Zoning Commission require the sketching of the adjacent property prior to Council review. The Commission may wish to consider tabling this item to allow the developer to prepare the additional sketches and to bring them back before the Commission. * Existing structures, wells and septic systems need to be addressed. * Wetland buffer protection will be required per Ordinance No. 114. '. / * Sketch plan should show general location of significant trees. * Trails, walkways and sidewalks need to be discussed. * Anoka County Highway Department review of sketch (memo attached). Northern entrance to Crosstown Boulevard NW needs to be discussed. * Sanitary sewer and watermain extensions need to be considered. Developer may need to obtain easements to have these improvements extended. * Need to consider how the watermain will be looped. * Identify the phasing of the development project. * Street names should be looked at with the configuration of the road system. * TKDA comments pending. * IdentifY ponding areas. / Page Four Sketch Plan - Woodland Estates Woodland Development Company Planning and Zoning Commission Meeting August 13, 1996 * Need to consider the potential location for a municipal well. * Need to identify how the Municipal State Aid Designation fits in with this development and other adjacent developments. * The Andover Review Committee discussed the potential for a park area and a trail system incorporated in the development. The Park and Recreation Commission will need to discuss this concept and determine the need for a park in the development. 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Carlberg, Community Development Director City oC AndOYu SKETCH PLANs FOR: CroWII Point East Second Addition and Woodland Estatea RE: / Crown Point Elut Sketcb Pllln Crown Point East is neither adjacent to nor does it tie directly into any highway OD the county system. Therefore we have no couunents regarding this development as it relates to the county highway system. County Ditch No. 57, which borders this site, is under the jurisdiction of the Coon Creek Watershed District. Proper coordination should be made with Watershed officials. Woodland Estates Sketch Plaa Existing Right of Way along County Road 18 (Crosstown Blvd.) is 33 ft. west of centerline. An additiona127 ft. ofRigbt of Way adjacent to County Road 18 will be required for future reconstruction pwpostS. The access scheme as shown on the Sketch Plan would give aU Jots within this plat access to local streets. Right of access along County Road 18, with exception for city street a1ignments, is to be dedicated to Anoka County. As shown, there is inadequate sqJ8nltion ~n Nighting.Wc Sl and thc north most proposed city street inter3ection with County Road 18. Our recommendation is to eliminate this imers.ection and rework the plat to provide an intersection of the north most city street and NJ8htingale St.. The north most city street being the one shown as a Cui de sac in the northeast comer of the site \ ) Affirmative Action I Equal Opportunity Employer CITY of ANDOVER \ l 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 PARK AND RECREATION COMMISSION - AUGUST 15, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover Park and Recreation Commission was called to order by Chairperson Jim Lindahl on August 15, 1996, 7:38 p.m.. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Tom Anderson, Al Grabowski, Jeff Kieffer, Dave O'Toole, Roger Paulson Dave Blackstad Parks, Kevin Starr Park Coordinator, Todd Haas Others Commissioner absent: Also present: APPROVAL OF MINUTES August 1, 1996, Regular Meeting: Discussion on Langseths park, clarify that Chairperson Lindahl suggested they look at how much use the rink at Pine Hills gets before doing anything else. Possibly the rink should alternate between the two parks each year. " MOTION by Kieffer, Seconded by Anderson, with that amendment, to approve / the Minutes of August 1. Motion carried on a 6-Yes, 1-Absent (Blackstad) vote. CROWN POINTB EAST 2ND ADDITION SKETCH PLAN Jerry Windschitl, Ashford Development Corporation, explained this is the last triangular piece to be developed off Prairie Road south of Coon Creek. It will consist of 70 single family lots. There is a large park in the Hills of Bunker Lake 5th Addition plus an extensive amount of park land in Shadowbrook. Prairie Knoll is about 1/2 mile north. He would have no objection of dedicating cash in lieu of land. Mr. Haas stated the Comprehensive Plan shows no trails in this area, though there will be a trail along prairie Road at some point. After discussion, it was the Commission's general opinion that the two large parks in the vicinity would be adequate, noting the policy of not creating numerous mini parks around the City because of the maintenance issue. They recommended cash be taken in lieu of land for park dedication. WOODLAND ESTATES SKETCH PLAN "Byron Westlund, Woodland Development Corporation, reviewed the proposed , )Woodland Estates which consists of 160 single family homes. This development is right across from the City's biggest park complex. Commissioner 0' Toole stated the intent has been to get a trail t.:.: Regular Andover Park and Recreation Commission Meeting Minutes - August 15, 1996 Page 2 J (Wooodland Estates Sketch Plan, Continued) Kelsey-Round Lake park. It would be a straight shot from the City park complex through this plat and further west. It might be beneficial to have a trail from the plat to the City's park complex and schools. He felt that should be looked at closely. Mr. Haas also noted the proposal for an MSA road through this area, which could affect the plat. That is being reviewed further by Staff. Mr. Westlund explained Anoka County has requested that the north entrance be made even further north. There is also talk of making Nightingale and Crosstown Boulevard a T intersection. He felt an MS' route through the plat would be very detrimental to it for safety and lot configuration. He then reviewed a proposal for a trail system based on the comments from the Andover Review Committee which runs between the lots through the middle of the plat with a one-half acre park in the middle. The lots are extra large, so a trail through the rear yards would not be a problem. They would funnel the traffic to the controlled intersection. Again, his concern was not knowing the City's plan and his desire to have this trail connected to another. Chairperson Lindahl did not like trails in the rear yards that would be the maintenance responsibility of the Parks Department. He preferred to have a sidewalk in the street. People usually have an interest in sidewalks and take care of them and the boulevards. The trails should J be incorporated as part of the street zone. possibly widen the street 15 or 20 feet on one side, and not be part of the Park's responsibility. Mr. Westlund stated the lots are bigger and there will be covenants on them. The minimum square footage would be 1400 square feet. They are targeting the second- or third-time home buyer. He felt they could work with the suggestion of wider streets or sidewalks. Mr. Haas stated the reason Staff suggested a small park in this plat was because of the large stand of trees. The other properties around this are more open. The Commission then agreed that any trail or sidewalk in the street would not be considered park property but would be within the right of way. They also agreed to stay with the policy of not wanting to create many small parks and felt one would not be needed in this development because of the City complex directly to the east. If it is felt that a small park is needed in the future, the Commission noted that could be considered when the property to the north or south develops. The proposal is to accept cash in lieu of land for this development. REVIEW LIST OF PRIORITY OF PARKS Mr. Haas noted the petitions to upgrade Terrace Park and Langseths Park. The Commission discussed the development of the Hills of Bunker Lake 5th park which they visited prior to this evening's meeting. They understood that the Andover Lions Club had committed funding to develop \ the park and asked about the status of that commitment. 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CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , DATE: September 3. 1 996 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson, rI[ Engineering ITEM NO. Discuss Reimbursement Requestl Q.lngo Schalwig/2281 - 174th Circle NW The City Council has been requested by Mr. Ingo Schalwig to discuss reimbursing him for improvements he had previously made on a City stormwater swale. Mr. Schalwig lives adjacent to a stormwater swale which had bank erosion occurring in it. The erosion was caused by a combination of stormwater runoff from the street and settlement of the swale. As this is a routine maintenance item for the City Public Works Department, the City crews would have taken care of the problem during their daily activities. Before the Public Works Department had an opportunity to rectify the problem Mr. Schalwig hired his own contractor to perform the work and add additional enhancements to his property such as retaining walls and extensive rocking of the bottom of the swale. The costs associated with Mr. Schalwig's improvements were well beyond the costs the City would have expended to repair the swale. Previous discussions and correspondence with Mr. Schalwig indicated that the City would possibly refund him up to $700.00 with the developer contributing $350.00 (Y:z of the $700), as this would have been the maximum amount the City would have expended if we had performed the work. Since the May 22, 1996 letter was written it was verbally indicated that to resolve the issue a reimbursement of $1,000 would be recommended. Even with this we do not want to promote the idea that every individual homeowner can repair or enhance City property or City utilities and expect to be reimbursed for it. Attached are previous correspondence with Mr. Schalwig. C,C, f(#IW~ .$f7rvi: - p, w. .sutr .&"-~$oU - f"@ 13-., (~ West! ""J - W cAJ (...J DfV'. \ / ~ June 6, 1996 City of Andover ATTN: Todd J. Haas, E.T.T. 1685 Crosstown Boulevard NW Andover, Minnesota 55304 n ~ ",-.. ~ ';'111!i:' '~-.... .!"1:::i....~...,"'~ '.'. }..:-.U JUN 7 '1996 Re: Repair of Swale CITy OF .4I'JUOVER Dear Mr. Haas: This writing is in response to your communication, dated May 22, 1996, reference above matter. '. Please be advised that the recommendation forwarded on behalf of your staff is not acceptable. / It is our intent to now pursue a different approach in search of a more equitable solution. Thank you very much for your efforts. A;;t~L ( -~ A. SChal~ 2281 - l74th Circle NW Andover, Minnesota 55304 .' '\ , / " ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 May 22, -4996 Ingo Schalwig 2281 - 174th Circle NW Andover, MN 55304 Re: Repair of Swale Dear Mr. Schalwig: In response to your request for reimbursement for repairing the swale, staff and Woodland Development recommend that a total of $700 be approved. , If this is acceptable, please let me know in writing so that this can be placed on the next available City Council meeting for their consideration. / If you have any questions, feel free to contact me at 755-5100 ext. 131. Sincerely, ~/'~ Todd J. Haas, E.I.T. Assistant City Engineer T JH:rja cc: Byron Westlund, Woodland Development .' , / '\ J RF <- _n' ..- ,"-- """ ........\.1 MAR 2 2 1996 CITY OF r., R '" March 21, 1996 Mr. Todd Haas Assistant City Engineer City of Andover 1685 N.W. Crosstown Blvd. Andover, MN 55304 RE: Miscellaneous Construction Projects Within the City of Andover Dear Todd, I am confirming, per our discussions, the upcoming construction season of the two lingering projects that we hope to complete and resolve as quickly as possible. / I. The storm sewer at Cedar Hills Estates Second Addition has a completion date of end of May. I agree to the installation of all materials and rip-rap and ask for some assistance of the City for the project. I agree with that completion date. 2. The Woodland Meadows situation: I agree to pay $350.00 towards the cost associated with this project. As we determined at our meeting, I am agreeable to pay half of the projected anticipated cost of $700.00 to the City for this reimbursement. I believe that covers all the items in questions. If you have any concerns or comments, please feel free to calI me at 427-7500. Sincerely, .' Byr D. Westlund Vice President '\ ,) BDW:yop 830 West Main Street Anoka, Minnesota 55303 (612) 427-7500 FAX: (612) 427-0192 '. ;:.'.......J. ...... ';"", '" ... ..' '. ~'. - .; ~/._.':.:. ~ .~:r:~r~Fr~E...?:~[f.~-Ft, . .' '" .-. . ' . :'" . . ..:. .~~ . ..... .... .\.~'. . .iI '. '.. -. .; ....... . CITY of ANDOVER -...,- . ".. . ,,' . \ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 :~.~. . .. ~ .. '. . '. . ...., / " January 31, 1996 " Byron Westlund, Vice President Woodland Development Company 830 West Main Street Anoka, MN 55303 . Re: Ingo Schalwig /2281-174th Circle NW l3Y"on Dear Mr. ~d: We have been contacted by Mr.Schalwig, property owner in the Woodland Meadows development, in regards to a swale that exists along the eastern property line of his of his parcel. Mr. Schalwig is requesting to be reimbursed in the amount of $2890. In discussion we made with you last fall regarding this issue, there may be willingness on your part to participate in helping Nfr. Schalwig be reimbursed for some of the cost. Attached are letters received from Mr. Schalwig that were sent to the City of Andover. . / We would appreciate it if you can review this issue and respond as soon as your able. . If you have any questions, feel free to contact me @ 755-5100 Ext. 131. Sincerely; ~./~ Todd J. Haas, E.I.T. Assistant City Engineer cc: Ingo Schalwig .' \ ) - ~ ~ / " " October 29, 1992 City of Andover ATTN: Mr. James E. Schrantz, City Engineer 1685 Crosstown Boulevard h"W Andover, Minnesota 55304 Dear Mr. Schrantz: This vriting is a follow up reference the drainage ditch on our property at our residence. All requested supporting documentation has been in your possession as of July 1991. Several verbal follow ups have been attemp~ed and made in the past, to no avail. ~ Surely you now understand this writers fear of waiting for recommended prior approval"scenario. Allo~ me to reiterate, in the strongest sense, this vas not a beautification project on our behalf. The problem has been solved and the appearance is a mere derivative thereof. / It is my most ardent hope that the city viII very soon admit a mistake vas. made and thusly take corrective action. Thanking you in advance for your very favorable consideration, I remain, ('" A. SchalYig 2 81 l74th Circle NW Andover, Minnesota 55304 Enclosure: Invoices cc: .. \ ) ~;:':;~~~~~I-::,-:',';'::;:i.."7=..:~;:-;.;.~.~" " ~I"~" ;'.., "...".;';;J:,.-:;..;;~,~.";;";,;;.F:;~,,,..~,j..::,,i.,":-~ . . .'.,',".". ,.~;.t(~"::;"'-' -'.'.'" ,....":." ~.,.~~''-f~~ -~ .=-r.':'-h;li~~"'" -..~.....;.6idi.&c:t.;Io;.,....' ~~' ' ---- . March 3, 1993 , j City of Andover ATTN: Mayor Jack McKelvey 1685 Crosstown Boulevard NW Andover, Minnesota 55304 " Dear Mr. Mayor: Congratulations on ~inning the election and best wishes for a productive and successful term. Am ~riting to you in reference to the enclosed correspondence, addressed to your engineer. Prior to formally addressing this to him, this writer had been dealing ~ith an assistant as ~ell as Mr. Frank Stone. Am writing to you ,no~, your being an elected official ~ith the hopes of some response. This has not at all been the case dealing ~ith appointed! hired personnel. Ho~ ironic, ~hen ~e concurrently o~ed some money to the city, you called it a special assessment against the proper~A very effective and creative method of absolute. guaranteed and prompt~ent on bebalf of the citizens. So sad. J Mr. Mayor, do hope that indeed you ~ill be able to view our problem objectively as ~ell as subjectively. This then could assure resolving this matter once and for all. Lastly, 1 feel compelled to remind all, being a government official does not make one a master of the people, but instead, a servant. Respectfully, Ingo A. Schal~ig 2281 l74th Circle NW Andover, Minnesota 55304 Enclosures: 2 CC P. S. You may call me at ~ork during business hours at 770-1319 or at home in the evening at 753-4108. r \ ) / /. /.- f . .. / 8RIA"" I'l~"!\' <'~,rl \ l'i 1\ ..~I.. ._":!..:io. dba lncr"~~"'~~ ; .."............, :,..........- Jb-'o:J.~V;j ~.~t~..;... ....... .j ..::'..:~ ..:":_.: 14913 Ci'G~:r:1 t.':"',,'~ r'l1inn~ton~{Z, ;'.'~i..j 6~;2~.S 1 612 938-4070 H I rrtr " " ~~J ~ml~ r; ~JO A. S(~JcU;6 d-.,;;z.. 8 ( /?L/ ~ (! Jrc/<- /i,,) QiJ vE"?" d!v (;veettJ c. C: rt }J.R.R.J !3tt.rr"t'cv- 4 ';<:If ;.:= dt:-:1 fJ1 t1- rr I ft.' 6> J/';{I gs - / f?;p ?r4f Po c I::... p,,-;J C Ie- 0/ t2 r r-.. /1 D ; E ,. S u>> 1/ /3R ~ -1/ ~ t)o .:7< ~ 0 ?,S - fl {/'"? /l( C,<.J T fez: 1-' Tdt.. i- }(2 cJct:.. C 1/ 6. 6S" - ;3bS- - ;I~ ~~ci A.u~ J" / /668 .- j ;t;;.;)- - ) . ~()M ~UI kiP' ;;<f /0 . / ;: . Z 60 t- W W a:: t- CJ) , ~ 0 \ a:: / W 0 Z <t ~ a. ::> 9 8 .. or 5 LJ+i/i+~ ;qe __ -:j or0-1fl ent __ ___ ~a!le(7'l ------ ~.. ~ ---......- --- 13i~l/,"'nov!> <:'P'//""'jf wi/-;' h'a"d0n-7 Rip-Rap 6 6 174 TH f _ ~ o I CIRCLE <.D ? -g '" . 00 8 ~ ic j~ ...........:;; ..................... 1..~... ~. ........-.--......... .......... . . ..h..................... ............................ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION I FILE: FURNITURE, DOC AGENDA SECTION NO. Non-discussion/Consent Agenda DATE: September 3,1996 ORIGINATING DEPARTMENT ITEM ryO. Purchase of Office Equipment - In. Public Works Due to the overcrowding of the Public Works Division office area and the space needed to meet the Americans with Disabilities Act (ADA) standards, we asked two office furniture companies to send out their office planners to design and submit quotes for office furniture. We wanted to open up the office to get away from the "cubby-hole" look and have furniture that would efficiently house office equipment and personnel as well as comply with safety and ADA standards. Our stipulation was that all furniture considered would also have to be suitable for the new office area of the Public Works addition when constructed. Frank Stone - Public Works Superintendent APPROVED FOR AGENDA BY: There is funding for this item in the 1996 Public Works Building Capital Budget. The two companies are Kl Healy Furniture Associates and Mazie Company. / KI Healy Furniture Associates Verbal quote of $2,600.00 per/work station 4 work stations $10,600.00 Also $ 30.00 per/hour for design, estimated design time 8-10 hours. No discount mentioned. Mazie Company Written quote of $2,228.50 per/work station 4 work stations $ 8,914.00 Complimentary design 50% Discount Tax Total Cost N/C $4,457.00 $ 289.71 $4.746.71 All items quoted are to be assembled by Public Works personnel. The large discount by Mazie Company is because they are wanting to get their products into the Governnlent market. Both companies sell good quality office furniture. Our recommendation is O'Sullivan Industries furniture sold by Mazie Company. \ / MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE September 3.1996 AGENDA SECTION N on-Discussion ORIGINATING DEPARTMENT Finance ~~ Jean D. McGann IITEMNO. " ADOPT PRELIMINARY BUDGET/ADOPT PROPOSED 97 LEVY The Andover City Council is requested to adopt the preliminary 1997 budget and the 1997 proposed property tax levy to be certified to the County Auditor. This budget has an estimated 2% inflationary factor computed in it. This number will be verified by the County before the final tax levy and budget are adopted on December 17, 1996. . / Final wage adjustments will have an impact on the 100k of the budget, with fine tuning to be done on the budget in October and November. Attached is a resolution adopting the City of Andover 1997 Proposed Property Tax Levy and the Truth in Taxation Certification Form. , . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO A RESOLUTION ADOPTING THE CITY OF ANDOVER 1997 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR AND ESTABLISHING THE PROPOSED BUDGET FOR THE GENERAL FUND. and WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy and budget prior to September 15, 1996. NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Andover hereby adopts the proposed 1997 property tax levy totaling $ 3,335,556, of which $ 2,803,883 is for general operating purposes and is levied against all taxable property within the City of Andover, $16,629 is levied against property 10cated ''ithin the Lower Rum River Watershed District for the City of Andover's share of costs of this organization and ; $515,044 is for the repayment of bonded indebtedness as follows: 1991 Fire Station Bonds 1992 Certificate of Indebtedness 1994 Certificate ofIndebtedness 1995 Certificate of Indebtedness Total $ 324,971 $ 37,704 $ 33,262 $ 119.107 $ 515.044 BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the preliminary General Fund budget as follows: REVENUES Property Taxes License and Permits Intergovernmental Revenue Charges for Current Services Fines and Forfeits Miscellaneous Revenue "':"ransfers , Total $ 2,512,958 345,930 765,805 439,300 37,100 192,900 327.100 $ 4.621.093 EXPENDITURES General Government Public Safety Public Works Other $ 1,348,026 1,390,523 1,280,701 601.843 Total $ 4.621.093 STATE OF MINNESOTA > COUNTYOFANOKA > CITY OF ANDOVER > I, the undersigned, being the duly qualifies and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution adopting the 1997 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be a true and correct transcript of the wohle thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 3rd day of September, 1996. Victoria V olk - City Clerk " J / \ ) ANOKA COUNTY OFFICE OF PROPERTY TAX ADMINISTRATION PAYABLE 1997 TRUTH IN TAXATION CERTIFICATION FORM FOR CITIES District: Public Hearing Date: Time of Meeting: Place of Meeting: ' Continuation Date: Continuation Time: City of Andover Wednesday, December 4, 1996 7:00 PM Andover City Hall Council Chambers Tuesday, December 17, 1996 7:00 PM The "Notice of Proposed Property Tax" sent to each taxpayer contains the following information about where to send comments and/or review a copy of your proposed budget. Please provide it as you want it to appear on that notice. Proposed Pay 1997 Levy: General: Debt: Watershed: Other: 'Subtotal: Less HACA: Total Tax Cap.-Based Levy Proposed Tax Levy by Referendum/Election: (Mkt. Value-based) Signature of person completing this form: ~....--. D. \'('"\.c r\" n..-,"", Title: Finance Director Phone Number: 612-755-5100 Date: September 4, 1996 Name or Title: Address: Phone Number: Finance Director 1685 Crosstown Blvd NW Andover, MN 55304 612-755-5100 2,803,883 515,044 16,629 g 3,335,556 462,938 2,872,618 g THIS FORM MUST BE RETURNED TO ANOKA COUNTY PROPERTY TAX ADMINISTRATION BY SEPTEMBER 15. 1996 truth. cert. form. cities SCHOOL BOARD: Michael Sui/iran, Chair " John Peterson, Vice Chair j Maureen Gaalaas, Clerk Ronald Manning, Treasurer Mark Temke, Director Leon Ulferts, Director noka '::',:;,::,':';"::::"':':"':::':""':':_:';':':_:_""_:_c_:_".:.:_:_,"'::':"::':':,';_:_:_;' -. . ... . -,............ ....... ----..- , ",.'-'-',"-'-',"-'-',-,',-,",-.--'.',-,-,--.-,-,-,'--,.,-,.....-.--,.,'..... ..-c.;.:.:._..._,_.._._._._,....,'._.._...._,_,__._._,_,__._,_,_.....;._;...;.:._.:.:.:.: .......-,.-...-.-....-.-.........,.-.....:..-.-..:-....,..,-..-........ ---.--.-.-......-...-.-....-.....--.,-,..-.-.-,--.-.--..'.-,--.-.-,...._,-'.....:.,. .:.:.:.:.:.:.,.:.:.:.:,-,:.-,-.,.:...-.,-,.-,"-:-,-","-:.:-:-","-'-:-'-:.::'-".:-'::".-:::': ..-........-.......-.-...-.-...-.-.-.-..-...-,-.-...--..-----..---. ...--...,.."."...,.......---..-'-.-.,..--.-'-.-.-'--.'-'-'-'.. :'::::::':':":"':':'::':;:':::::::::::::,::,:,:;,:::;:::::::,::::::'::::::,:x::-:,:;:,;,': Il ennepl'n '-:-:-,_.-:-:-:-:.,.:.:.:-:-.:-:,:.;.:,:.:.:.:.:.:.:,:.:,;.;. .-.-. '..-.-.-' ,._...-.:.-.-.-...-.-.-.-.-.-.-.-.:.'.: .............................. Educational Service Center 11299 Hanson Boulevard NW Coon Rapids, Minnesota 55433-3799 (612) 422-5500 (612) 422-7804 FAX Independent School District 11 Roger Giroux. Superintendent RECEIVED AUG 1 3 1996 CITY OF ANDOVER July 26, 1996 Mr. Richard Fursman City Administrator Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mr. Richard Fursman: RE: Police Liaison DAR.E. Officer Services It is once again time to renew Anoka Hennepin School Districts' Police Liaison - DAR.E. Program contracts. I have the responsibility for the administration of these contracts. Program administration will be the responsibility of the building principal to which you have agreed to provide services. ! look forward to working with you this year and have enclosed the following to help you administer the contract with the school district. 1. Copy of the contract for the 1996-97 school year. Please return an executed contract no . / later than September 30,1996. 2, Estimated revenue available for the city during the fiscal year 7-1-96 through 6-30-97. 3. Contract and program administration information. If you have any questions, please do not hesitate to contact me. My telephone and voice mail member is 506-1560 Sincerely, ~~~ Director of Student Services Enclosure j Partners in educating all learners for a successful future in an ever-changing world. Contract for School Liaison and D.A.R.E. Officer Services Between the Anoka-Hennepin School District No. 11 and the City of Andover \ / This contract by and between the City of Andover (hereafter referred to as "City") and Anoka- Hennepin Independent School District No. II (hereafter referred to as "District") is entered into under Minnesota law. 1. DEFINITIONS. Police Officers working in the District will be engaged in authorized programs. Officers in the D.A.R.E. program in the elementary schools will present the approved prevention program which is a part of the fifth grade Health curriculum. 2. OFFICER CONTRACTED BY CITY. City shall contract in accordance with applicable state statutes a police officer or officers to serve as D.A.R.E. officer(s) in District schools. City shall assume all obligations and payments with regard to officers' contracts. District will reimburse City as defined in Part 10 of this document. 3. TERM OF CONTRACT The term of this contract shall be July I, 1996 to June 30, 1997, District fiscal year. 4. ADMINISTRATION RESPONSIBILITIES \ / Law enforcement services rendered to District shall be at the sole direction of City. Standards of performance, discipline of the officer assigned, and other internal matters, shall be determined by the normal contract of City. If requested, District shall provide City with an appraisal of the services received. 5. LEVEL OF SERVICE The officer will respond to emergency calls within the boundaries of City and attend police training and special duties as determined by City while fulfilling the requirements of this contract. Time spent on emergency calls, police training, etc. shall not be considered to be time spent as a D.A.R.E. officer. 6. DUTIES OF OFFICER The list of basic duties and work schedule of the officer(s) shall be cooperatively developed between City and District. 7. CLOTHI:\'G. EQUIPMENT, AND SUPPLIES City shall provide any required clothing, uniforms, vehicle, necessary equipment and supplies for officer to perform law enforcement duties. 8, SCHOOL CALE1\TDAR Di,trier ,h~i11 provide City with a school calendar. , ) 9. TERMINA TION \ Either party may terminate this agreement upon ninety (90) days written notice of such termination. All payment due hereunder shall be prorated in the event of such termination. J ] O. DURATION AND COST For and in consideration of the provision of School Liaison Officer and D.A.R.E. Officer services in accordance with the terms of this contract, District shall pay City the sum of 50% of the levy allocation upon the preliminary notification by City that officer has been assigned and there is proof of service. This should be completed by December 1, 1996. The remaining amount shall be calculated and paid to City after March I, 1997. Proof of service shall be considered to be a regular assignment of the School Liaison officer and/or the successful scheduling and implementation of the D.A.R.E. program in each of the schools listed in this contract. 11. SER VICE TO SCHOOLS The following secondary schools shall receive School Liaison officer service as a result of this contract: Oak View Middle School The following elementary schools shall receive D.A.R.E officer program services as a result of this contract: \ / Andover Elementary School Crooked Lake Elementary School 12. SCOPE It is agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have hereunder to set their hands by: Anoka-Hennepin School District No. 11 bY:~~ penntendent City of Andover its Date: Date: 7hChc I I / ANDOVER OAK VIEW MIDDLE 950 $7,109 ANDOVER 238 $1.781 I CROOKED LAKE 118 $883 I 1306 TOTAL $9,773 '\ ) '\ / \ i / ~ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATESeptember 3, 1996 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED NJ. FOR AGENDA Non-Discussion/ Consent Items ITEM NJ. City Clerk BY: q, Kennel Lic. Renewal/D. Brink/ ~~, 208 -166th Ave. V. Yolk . The City Council is requested to approve renewal of a private kennel license for Debbie Brink, 208 -166th Avenue NW. We have not received any complaints regarding this operation. Attached is a copy of the renewal form. I ) MOTION BY: SECOND BY: J DOG KENNEL LICENSE RENEWAL J)e:e:6\E- ~l'-.JIC Name Address 2L5- IIp(P:IbL- }::\\ISDu) ANi)DD8L- m N 5'S30L-f Telephone Number (01 z) q 34 -0 (p r.oS-- lti Number of Dogs Kennel Name (N\-\\5f'l::i2- \;0\ L-LL~ t<E~'CL-- Type of Kennel: Commercial (any place where a person accepts dogs from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, or grooming) _ Private (any place where more than three dogs are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which they are kept) $- ************************************************************************ ************************************************************************ Fee Paid: $25.00 ~\t2: 'q~ Fee: Renewal Date ~D Receipt Number Council Action: Approved Denied , j ') ./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION September 3,1996 DATE AGENDA f'.O SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Items ITEM f'.O City Clerk BY: ID. Transfer of Ownership/Meredith Cable to Continental Cablevision \ ~. V. Yolk \) . Meredith Cable entered into a purchase agreement with Continental Cablevision for the purchase of the cable system that serves Andover. The Quad Cities Cable Commission approved the transfer after Tom Creighton, the Commission's attorney, analyzed the proposed transaction. He has determined that there is no reason for the cities involved (Andover, Anoka, Champlin and Ramsey) not to approve the transfer. " Upon completion of the transfer to Continental Cable, the system will be transferred to US West. This is the next item on the agenda. Attached are a resolution approving the transfer, a memorandum from the Cable Commission attorney and a summary of proposed transfers of ownership. ') , MOTION BY: SECOND BY: BERNICK AND LIFSON A PAOf'E$SIONAL ASSOCIATION ATTORNEYS AT L..AW ROSS A. SUSSMAN NEAL...J. SI-4APIRO SAUL A. BERNICK- THOMAS C. CREIGHTON SCOTT A. L.I~SON OAVle K. NIQHTINGALEt PAUL J. QUAST- THERES.... M. KOWALSKI REBECCA J. HELTZER ROBERT .J. V. vaSE SUITE 1200, TI-lE COLONNAOE 151500 WAYZATA BOULEVARD 'ALSO AOMITTEO IN WISCONSIN -AL.SO CERTII"'IEO PUBL.IC ACCOUNTANT MINNEAPOLIS, MINNESOTA 55415-1270 TELEP....ONE (eI2) 1546-1200 FACS1MIL.E 1612) 15046-1003 LEG....L ASSISTANTS .JO BROWN JOAN M. SCHULKERS KATHRYN G. MASTERMAN MEMORANDUM RECEIVED AUG 2 7 1996 CITY OF ANDOVER TO: FROM: DATE: Municipal Cable Commission Member Cities Thomas D. Creighton; Robert J. V. Vose August 23, 1996 Your cable commission, as your agent, along with commissions representing over 40 other cities has concluded its four mOI).th review of the request for Meredith Cable Company to transfer ownership in the cable system which serves your city. Two transfers are contemplated __ one to Continental Cable, and then the other immediately to US West. Please fmd enclosed the results I of that review. State and federal law require a limited scope of review regarding the transfer. The cable commission was required on your behalf to investigate the technical, legal and fmandal qualifications of the purchasing cable company. The cable commission has concluded that it can find on reasonable basis for withholding consent to the transfers of ownership. The cable commission RECOMMENDS that you consent to both transfers. Federallaw requires that you may not unreasonably withhold your consent. The enclosures include: 1. The final report and conclusions of BOTH transfers prepared by our office as legal counsel to the cable commission; 2. TWO resolutions (an original and copy of each of the two), one consenting to the transfer to Continental and the other consenting to the transfer to US West. Both resolutions need to be considered by your city council. You will note that the resolutions condition your consent on receipt of a corporate guaranty by the parent companies, payment by the company of the reasonable fees associated with the commission analysis, and actual closing ,,' MEMORANDUM August 23, 1996 Page 2 of the transfer. The US West resolution is conditioned upon them receiving all necessary federal, state and local waivers to operate the system; and 3. A copy of the corporate guaranty which the parent companies will be required to sign (attached to the copy of the resolution). After your consideration, please sign the original (you may keep the copy for your records) and RETURN THE ORIGINAL SIGNED RESOLUTION TO MY OFFICE AS SOON AS POSSIBLE. YOUR ACTION MUST BE TAKEN BEFORE SEPTEMBER 30, 1996. If you have any questions, please feel free to contact this office. A summary of the transactions is also included to expedite your review. Thank you for your consideration. TDC/rs C:\CABLElMEREDITH\TRANSFER.MOI ) '\ / SUMMARY OF PROPOSED TRANSFERS OF OWNERSHIP \ / Transfers of ownership of cable systems require the consent of the local franchising authority (City). The City has traditionally delegated through its joint powers agreement the review process to the cable commission. The process is lengthy and complicated, and has been conducted by the commission over the past four months. In this case, the issues were further complicated by the fact that at the same time as Continental was purchasing Meredith, US West was proposing purchasing Continental. Therefore, the Commission (and now the City) needed to review TWO transfers of ownership. Enclosed are the results of that review. FREQUENTLY ASKED QUESTIONS: 1. Will the rates go up as a result of these transfers? Although no one can guarantee cable rates, the companies have assured the Commission that there are no plans to increase rates. If Meredith had retained ownership of the systems, they could have increased rates, and the new owners will not be able to increase rates any more than Meredith could have. 2. Will any channel or program offering on the system change? / No. However, companies often change program channels in response to the interests of subscribers, and the new companies have the right to do the same. 3. Will there be a decrease in customer service or change in local management? No. The local management team will remain intact, as will the existing customer service representatives. 4. Will all commitments to local programming remain the same? Yes. 5. What is the phone company doing owning our cable system? \ ) US West cannot own your cable system without receiving special permission from the Federal Communications Commission. They have applied for a limited waiver (permitting them to own the systems for up to 18 months) and that petition is pending. If they do not receive the waiver, they cannot close on the sale, and Continental will retain ownership of the systems. The FCC may decide (as we argue the law requires) that the waiver requires the approval of the city. If that is the case, that decision will come back to the city, BUT THAT DECISION IS A SEPARATE DECISION FROM THIS TRANSFER DECISION. 6. The League of Minnesota Cities has told us that US West has sued a city in Minnesota over the use of rights-of-way. Why would we want to cooperate with US West in this transfer? '\ I It is true that US West has an ongoing dispute with Minnesota cities over ordinances which attempt to control use of rights-of-way. That dispute is not related to this transfer, except for the fact that it is the same company involved in the dispute. The simple answer is that the law requires that you must consent to the transfer unless you have a reasonable basis to deny, based on the limited standards of review -- the legal, technical and fmancial characteristics of the purchaser. YOU MAY NOT DENY THE TRANSFER SIMPLY BECAUSE YOU DO NOT LIKE US WEST. 7. What are these corporate guaranties, and why are we requiring them? During the analysis, the complicated corporate structure proposed by both companies caused the commissions to be concerned about which entity could be turned to if a catastrophic problem arose with the 10cal system. Therefore, we determined it to be in the best interest of the cities that the assets of the parent corporations be pledged to support the local systems. This is an extraordinary remedy, and not often secured. However, the commission has received from both parent companies a pledge that they will give such guaranties, and your resolution will not be effective until such guarantees are received. 8. If we are in the process of renewing our franchises, won't this slow us down? / Certainly the dynamics of the renewal processes have been changed. However, the companies have assured the commissions that the 10cal management will remain responsible for negotiating renewals, and they will be authorized to enter into all necessary agreements. US West, if they receive the FCC waiver, will have to divest themselves of the systems within 18 months. There has been some concern about US West's desire to enter into 10ng term commitments with systems they will not own. This is a legitimate concern. Should the commission determine that they new company is not negotiating in good faith, remedies such as denying the renewal or extending the franchise until the new owner is in place are all available to the cities. 9. Will our existing cable franchise remain intact? Yes. The company holding the 10cal franchise will not be changed because the transfers are occurring farther up the "corporate ladder". Any transfer of ownership requires that the purchasing company agree to comply with all existing franchises, as amended, and any other agreements which the current owner has with the cities and commissions. TDC/rs C:\CABLElMEREDITH\SUMMARY , ) / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE TO CONTINENTAL WHEREAS, the cable television franchise (the "Franchise") ofthe municipality of Andover (the "Authority") is currently owned and operated by Group W Cable of the Quad Cities d/b/a Meredith Cable Company ("Group W") which is owned by MeredithlNew Heritage Strategic Partnership, L.P. ("MNHSP"); and WHEREAS, the general partner ofMNHSP has entered into a Purchase Agreement dated March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby said general partner is proposed to be replaced by North Central Communications Corp., Continental of Minnesota, Inc. or Continental ofSt. Paul, Inc., both wholly owned subsidiaries ofContinental (the "Meredith/Continental Agreement"); and I WHEREAS, Group W will continue to hold the Franchise; and WHEREAS, the Authority has received a request for consent to the transfer of control contemplated by the Meredith/Continental Agreement; and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding; and WHEREAS, the Authority has determined that subject to certain conditions which must be met, Continental possesses the requisite legal, technical and financial qualifications; NOW, THEREFORE, BE IT RESOLVED, that the transfer contemplated by the Meredith/Continental Agreement is hereby consented to by the Authority and permitted conditioned upon: 1. Execution and delivery of a Corporate Guaranty from Continental Cablevision. Inc. in the form attached hereto; and 2. Documentation that a wholly owned subsidiary of Continental Cablevision, Inc. is duly admitted as a successor general partner pursuant to the Restated Agreement of Limited Partnership of Meredith/New '\ / , J Heritage Strategic Partners, L.P. dated December 30, 1991 or any amendment thereof; and 3. Payment of $50,000 to the Quad Cities Cable Communications Commission as required in the Memorandum of Understanding between the Authority and Group W for equipment purchases; and 4. Reimbursement of all reasonable fees incurred in the Authority's review of the proposed transactions, and 5. The successful closing ofthe transaction described in the Meredith/Continental Agreement. \ BE IT RESOLVED FURTHER, that Continental may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providiinancing to Continental ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any goverlllllental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject, however, to each of the terms and conditions of the Franchise. / ADOPTED by the City Council of the City of Andover this ,1996. day of CITY OF ANDOVER J.E. McKelvey, Mayor ATTEST: Victoria V olk, City Clerk \ / The undersigned, being the duly appointed, qualified and acting Clerk ofthe City of Andover, Minnesota hereby certify that the foregoing Resolution No. _ is a true, correct and accurate copy of Resolution No. _ duly and lawfully passed and adopted by the City of Andover on the day of , 1996. , / / \ l Victoria V olk, City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACfION September 3,1996 DATE AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-DiscussionjConsent Items ITEM f\O. City Clerk BY: 1\. Transfer of Ownershipj Continental Cable to US West V. Yolk ~.D' Continental Cable is being merged with US West and this transfer of ownership must be approved by the member cities of the Quad Cities. The Cable Commission's attorney has analyzed this transfer request and has determined that there is no reason not to approve the transfer. Attached is the appropriate resolution. \ I / ') / MOTION BY: SECOND BY: / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE TO US WEST WHEREAS, the cable television franchise (the "Franchise") of the municipality of Andover (the "Authority") is currently owned and operated by Group W Cable of the Quad Cities d/b/a Meredith Cable Company ("Group W"), which is owned by MeredithlNew Heritage Strategic Partnership, L.P. ("MNHSP"); and WHEREAS, the general partner ofMNHSP, has entered into a Purchase Agreement dated March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby Group W will be owned by Continental (the "Meredith/Continental Agreement"); and / WHEREAS, Continental will guarantee the Franchise obligations pursuant to a Corporate Guaranty; and \ WHEREAS, the Authority has consented to the transaction described in the Meredith/Continental Agreement; and WHEREAS, Continental intends on merging into US WEST, Inc. or a wholly owned subsidiary of US WEST, Inc., (herein collectively known as "US WEST") pursuant to that certain Agreement and PIan of Merger dated February 27,1996 (the "Continental/US WEST Agreement"); and WHEREAS, Group W will continue to hold the Franchise; and WHEREAS, the Authority has received a request for consent to the merger of Continental and US WEST (the "Continental/US West Merger"); and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding, and WHEREAS, the Authority has determined that subject to certain conditions which must be met, US WEST possesses the requisite legal, technical and financial qualifications; \ / / NOW, THEREFORE, BE IT RESOLVED, that the Continental/US West Merger is hereby consented to by the Authority and permitted conditioned upon: 1. Execution and delivery of a Corporate Guaranty for US WEST, Inc. in the form attached hereto; and 2. Securing all necessary federal, state, and local government waivers, authorizations, or approvals relating to US West's acquisition and operation of the system to the extent provided by law; and 3. Reimbursement of all reasonable fees incurs in the Authority's review of the proposed transactions; and 4. The successful closing of the Transaction described in the ContinentallUS WEST Agreement on or before March 31, 1997 unless such time period is extended by Resolution of the Quad Cities Cable Communications Commission. In the event closing does not occur prior to this date, the Authority's consent to transfer shall be deemed to be withheld. BE IT RESOLVED FURTHER, that nothing herein shall be construed or interpreted to constitute any approval or disapproval of or consent or non-consent to US WEST's Petition for Special Relief currently pending before the FCC, or any other federal, state or local government waivers, authorizations or approvals, other than that transaction delineated above. BE IT RESOLVED FURTHER, that US WEST may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the ("Collateral") to any lender providing financing to US WEST ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with third party and such party is not subject, however, to each of the terms and conditions ofthe Franchise. ADOPTED by the City Council of the City of Andover this ,1996. day of , I CITY OF ANDOVER J.E. McKelvey, Mayor ATTEST: Victoria V olk, City Clerk The undersigned, being duly appointed, qualified and acting Clerk of the City of Andover, Minnesota hereby certify that the foregoing Resolution No. is a true, correct and accurate copy of Resolution No. duly and lawfully passed and adopted by the City of Andover on the day of , 1996. , , Victoria V olk, City Clerk , -~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: September 3. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, ~\.. Engineering \ , ) ITEM NO. t9 ,Approve Final PlaUHunter's Hollow The City Council is requested to approve the resolution approving the final plat for the Hunter's Hollow development project. The final plat is found to be in compliance with the preliminary plat. It is recommended that the final plat be approved subject to the following stipulations: 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of this site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved or any revisions thereof. 4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 5. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Lower Rum River WMO, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. The dedication will be cash. 9. The developer have the appropriate easements drawn up and obtain the signatures of the property owners for the permanent cul-de-sac to be constructed by the developer at the end of 164th Lane NW. Note: The following variances were approved as part of the approval of the preliminary plat: 10.A variance to Ordinance 10, Section 9.06 A3 for lots that do not meet the minimum 39,000 square foot requirement. A variance of up to a maximum of 10,000 square foot would be allowed. '\ , ) Lots 2 & 4 Lot 1 Lot 1 Lot 6 Block 1 Block 2 Block 3 Block 4 11. On the preliminary plat, remove the north-south section of Heather Street NW between 164th Lane NWand 164th Avenue NW. 12. Storm sewer/street plan and profile of streets and storm sewers be submitted, reviewed, and approved by the City Engineer prior to any construction. / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF HUNTER'S HOLLOW, AS BEING DEVELOPED BY GOLD NUGGET DEVELOPMENT CO. IN SECTIONS 9 & 16-32-24. WHEREAS, the City Council approved the preliminary plat of Hunter's Hollow ; and WHEREAS, the Developer has presented the final plat of Hunter's Hollow. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Hunter's Hollow contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Lower Rum River WMO, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. The dedication will be cash. 9. The developer have the appropriate easements drawn up and obtain the signatures of the property owners for the permanent cul-de-sac to be constructed by the developer at the end of 164th Lane NW. " / " \ i , / Note: The following variances were approved as part of the approval of the preliminary plat: 1 O.A variance to Ordinance 10, Section 9.06 A3 for lots that do not meet the minimum 39,000 square foot requirement. A variance of up to a maximum of 10,000 square foot would be allowed. / Lots 2 & 4 Block 1 Lot 1 Block 2 Lot 1 Block 3 Lot 6 Block 4 11. On the preliminary plat, remove the north-south section of Heather Street NW between 164th Lane NWand 164th Avenue NW. 12. Storm sewer/street plan and profile of streets and storm sewers be submitted, reviewed, and approved by the City Engineer prior to any construction. Adopted by the City Council of the City of Andover this ~ day of September, 19~. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / , / AGENDA t\O. ITEM t\O. \3, \ \....) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION September 3, 1996 DATE SECTION Non-Discussion ORIGINATING DEPARTMENT Approve Amended S.U.P. Bulk Storage of Liquid Fuels 14041 Round Lake Blvd. NW Bill's Superette Rademacher Companies, Inc. Jeff Johnson Planning REQUEST The City Council is asked to review the Amended Special Use Permit request of Rademacher Companies, Inc. to install five (5) below ground storage tanks (3-20,000 gallon, 1-12,000 gallon and 1 - 8,000 gallon) for the bulk storage of liquid fuels (unleaded gasoline and diesel) on the property 10cated at 14041 Round Lake Boulevard NW, legally described as Lot 1, Block 2, Andover Community Shopping Center. BACKGROUND For background information please consult the attached staff report presented to the Planning and Zoning Commission and the minutes from the August 13, 1996 meeting. PLANNING AND ZONING COMMISSION REVIEW The Planning and Zoning Commission at their August 13, 1996 meeting reviewed the request and recommends to the City Council approval of the Amended Special Use Permit for the installation offive (5) below ground storage tanks with conditions. A resolution is attached for Council review and approval. MOTION BY: SECOND BY: APPROVED FOR AGENDA ~f: ~~/ 6 I CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -96 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF RADEMACHER COMPANIES, INC. TO ALLOW FOR THE INSTALLATION OF FIVE (5) BELOW GROUND STORAGE TANKS (3 -20,000 GALLON, 1 - 12,000 GALLON AND 1 - 8,000 GALLON) FOR THE BULK STORAGE OF LIQUID FUELS PURSUANT TO ORDINANCE NO.8, SECTION 4.26 ON THE PROPERTY LOCATED AT 14041 ROUND LAKE BOULEVARD NW, KNOWN AS BILL'S SUPERETTE, LEGALLY DESCRIBED AS LOT 1, BLOCK 2, ANDOVER COMMUNITY SHOPPING CENTER. WHEREAS, Rademacher Companies, Inc. has requested an Amended Special Use Permit to allow for the installation of five (5) below ground storage tanks for the bulk storage ofliquid fuels (diesel and unleaded gasoline) pursuant to Ordinance No.8, Section 4.26 on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot I, Block 2, Andover Community Shopping Center. . / WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 4.26, Bulk Storage of Liquid Fuels and Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views ofthe surrounding area; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval ofthe Amended Special Use Permit 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 Amended Special Use Permit to allow for the installation of five (5) below ground storage tanks for the bulk storage ofliquid fuels (diesel and unleaded gasoline) pursuant to Ordinance No.8, Section 4.26 on said property with the following conditions: 1) The applicant shall provide to the City, in writing, proof that the tanks meet all \ State and Federal requirements and installation regulations. , / I Page Two Resolution Amended Special Use Permit - Bulk Storage of Liquid Fuels 14041 Round Lake Boulevard NW Bill's Superette 2) The Andover Fire Marshall shall inspect the tanks and installation. 3) The Amended Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03 (D). 4) The Amended Special Use Permit shall be subject to annual review. 5) Removal of existing tanks. Adopted by the City Council of Andover on this 3rd day of September, 1996. CITY OF ANDOVER J.E. McKelvey, Mayor . I ATTTEST Victoria V olk, City Clerk / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 / PLANNING AND ZONING COMMISSION MEETING - AUGUST 13, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on August 13, 1996, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynnette Barry, Jeffrey Luedtke, Jerry Putnam, Lorna Wells Randy Peek City Engineering, Todd Haas City Planning, Jeff Johnson Community Development Director, Dave Carlber~ Others Commissioner absent: Also present: APPROVAL OF MINUTES ; July 23. 1996: Pg 7, 1st paragraph of Chesteron Commons Sketch Plal1, 5th line, clarify that Comprehensive Plan does not propose senior housing or a golf course for this area whi~h was discussed during the draft, as it was removed from the final plan. The Plan does talk about recreational uses and open spaces. Pg 8, 2nd paragraph, 2nd sentence, add: They are proposing no alteration to the "DNR" wetland. Pg 8, last paragraph, second sentence, correct "1991 MUSA designation" to "1995-2000 MUSA designation". MOTION by Apel, Seconded by Wells, to accept the Minutes with the changes recommended by Staff. Motion carried on a 4-Yes, 2-Present (Squires, Luedtke), I-Absent (Peek) vote. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT - BULK STORAGE OF LIQUIJ FUELS - BILL'S SUPERETTE - 14041 ROUND LAKE BOULEVARD NW - RADEMACHER COMPANIES, INC. 7:04 p.m. Mr. Johnson reviewed the request of Rademacher Companies, Inc., to install five below-ground storage tanks for bulk storage of diesel and unleaded gasoline at 14041 Round Lake Boulevard NW. The property is zoned SC, Shopping Center. The new tanks will comply with the new Federal regulations that become effective in 1998. They will also replace the five existing below-ground fuel tanks located on the north side of the building. Mr. Johnson noted the applicable ordinances and Commission options. Commissioner Barry wondered how close the nearest house is from the / proposed location. Mr. Carlberg pointed out the location of the houses, noting the new tanks will be located further from any residential housing than those tanks in the current location. He also noted the next Regular Andover Planning and Zoning Commission Meeting Minutes - August 13, 1996 Page 2 (Public Hearing: Amended Special Use Permit - Bulk Storage of Liquid Fuels - Bill's Superette, Continued) item deals with a variance from the green space requirement to allow vehicles to travel through that area. That variance is similar to one granted to G-Will Liquors to the immediate south of this location. Traffic wil~ travel between the tanks and the islands. As proposed, the filling of the tanks will take place away from the fuel dispensing area and the traffic isle so there will be no conflict with the tankers. Chairperson Squires noted the Resolution and Staff report show three 20,000-gallon tanks, one 10,000-gallon tank, and one 8,000-gallon tank. The fact sheet from the applicant shows three 20,000-gallon tanks, one 12,000-gallon tank, and one 8,000-gallon tank. Joe Nemo, Rademacher Companies, stated the correct request is three 20,000-gallon tanks, one 12,000-gallon tank and one 8,000-gallon tank. MOTION by Apel, Seconded by Putnam, to open carried on a 6-Yes, 1-Absent (Peek) vote. public testimony. the public hearing. 7: 14 p. m. There Motion was no MOTION by Wells, Seconded by Barry, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Peek) vote. 7:14 p.m. The Commission liked the fact that the tanks would be upgraded ~o the ./ new federal regulations and that the location will create a safer situation for dispensing fuel. MOTION by Apel, Seconded by Luedtke, to forward to the City Council a recommendation for the approval of the Amended Special Use Permit as presented by Staff with the addition in Section 1 talking about regulations, add State and Federal requirements; change the 10,000- gallon tank to a 12, OOO-gallon tank. Motion carried on a 6-Yes, 1- Absent (Peek) vote. This will be placed on the September 3, 1996, City Council meeting agenda. 7:17 p.m. VARIANCE - GREEN SPACE REQUIREMENT/OFF-STREET PARKING SETBACK - BILL'S SUPERETTE - 14041 ROUND LAKE BOULEVARD NW - RADEMACHER COMPANIES, INC. Mr. Johnson reviewed the request of Rademacher Companies, Inc., to vary from Ordinance No.8, Section 8.08, which requires all off-street parking facilities to be set back 20 feet from the front yard; and Section 8.04 which requires a 20-foot landscaped yard along all streets. The request is to encroach in that setback by 15 feet to provide for an off-driveway dispensing area for fuel tankers to park while delivering fuel to the site. It will also alleviate traffic congestion aro1md the fuel pumps, provide an unobstructed service lane for traffic, and provide a safer environment in that area. He reviewed the applicable ordinances and Commission options. , ... Mr. Carlberg explained Staff will review the proposal for green space and landscaping during the commercial site plan process. He did not \ ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION D'fFEtst 13, 1996 AGENDA ITEM 3. Public Hearing: Amended S.U.P. - Bulk Storage of Liquid Fuels - Bill's Superette - 14041 ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning Jeff Johnson BY: Request The Planning and Zoning Commission is asked to review the Amended Special Use Permit request of Rademacher Companies, Inc. to install five (5) below ground storage tanks (3 - 20,000 gallon, 1 - 10,000 gallon and 1 - 8,000 gallon) for the bulk storage of liquid fuels (diesel and unleaded gasoline) on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette described as Lot 1, Block 2, Andover Community Shopping Center. The property is zoned SC, Shopping Center. ,~ Applicable Ordinances Ordinance No.8, Section 4.26, establishes the criteria for a Special use Permit for all uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids. By requiring a Special Use Permit, the City has some assurance that fire, explosion or contamination hazards are not present that would be detrimental to the public health, safety and general welfare. Ordinance No.8, Section 5.03, regulates the Special Use Permit process as well as the amended Special Use Permit process outlining conditions and procedures. Ordinance No.8, Section 5.03, Special Uses, also establishes criteria in reviewing Special Use Permit applications. These criteria include: I) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land. 2) The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on values of property and scenic views in the surrounding area. / \ j Page Two Amended Special Use Permit - Bulk Storage of Liquid Fuels 14041 Round Lake Boulevard NW Bill's Superette Planning and Zoning Commission Meeting August 13, 1996 4) The effect of the proposed use on the Comprehensive Plan. General Review The applicant is requesting an Amended Special Use Permit to allow them to install five (5) below ground fuel tanks that will comply with the new Federal regulations that become effective in 1998. These tanks will replace the five (5) existing below ground fuel tanks (3 - 10,000 gallon, 1 - 8,000 gallon and I - 6,000 gallon) located on the north side of the building. A Special Use Permit was granted in 1980 for two of the existing tanks, and was amended in 1982 to add the additional three existing tanks. Commission Options A. The Andover Planning and Zoning Commission may recommend to the City Council approval of the Amended Special Use Permit request by Rademacher Companies, Inc. to install five (5) below ground tanks for the storage of liquid fuels (diesel and unleaded gasoline) on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot 1, Block 2, Andover Community Shopping Center. ) The Commission finds the request meets the criteria of Ordinance No.8, Section 5.03. The Commission also finds the request meets the criteria of Ordinance No.8, Section 4.26, Bulk Storage (Liquid). B. The Andover Planning and Zoning Commission may recommend to the City Council denial of the Amended Special Use Permit request by Radamacher Companies, Inc. to install five (5) below ground tanks for the storage ofliquid fuels (diesel and unleaded gasoline) on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot 1, Block 2, Andover Community Shopping Center. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Section 5.03 and 4.26. In denying the request, the Commission shall state those reasons. '\ ,_/ I Page Three Amended Special Use Permit - Bulk Storage of Liquid Fuels 14041 Round Lake Boulevard NW Bill's Superette Planning and Zoning Commission Meeting August 13, 1996 C. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or staff. Staff Recommendation Staff recommends approval of the Amended Special Use Permit with the conditions as described in the attached resolution. / I \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -96 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF RADEMACHER COMPANIES, INC. TO ALLOW FOR THE INSTALLATION OF FIVE (5) BELOW GROUND STORAGE TANKS (3 -20,000 GALLON, 1 - 10,000 GALLON AND 1 - 8,000 GALLON) FOR THE BULK STORAGE OF LIQUID FUELS PURSUANT TO ORDINANCE NO.8, SECTION 4.26 ON THE PROPERTY LOCATED AT 14041 ROUND LAKE BOULEVARD NW, KNOWN AS BILL'S SUPERETTE, LEGALLY DESCRIBED AS LOT 1, BLOCK 2, ANDOVER COMMUNITY SHOPPING CENTER. WHEREAS, Rademacher Companies, Inc. has requested an Amended Special Use Permit to allow for the installation of five (5) below ground storage tanks for the bulk storage of liquid fuels (diesel and unleaded gasoline) pursuant to Ordinance No.8, Section 4.26 on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot 1, Block 2, Andover Community Shopping Center. / WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 4.26, Bulk Storage of Liquid Fuels and Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit 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 Amended Special Use Permit to allow for the installation of five (5) below ground storage tanks for the bulk storage of liquid fuels (diesel and unleaded gasoline) pursuant to Ordinance No.8, Section 4.26 on said property with the following conditions: 1) The applicant shall provide to the City, in writing, proofthat the tanks meet all State requirements and installation regulations. , / J Page Two Resolution Amended Special Use Permit - Bulk Storage of Liquid Fuels 14041 Round Lake Boulevard NW Bill's Superette 2) The Andover Fire Marshall shall inspect the tanks and installation. 3) The Amended Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03 (D). 4) The Amended Special Use Permit shall be subject to annual review. 5) Removal of existing tanks. Adopted by the City Council of Andover on this 3rd day of September, 1996. CITY OF ANDOVER lE. McKelvey, Mayor / ATTTEST Victoria V olk, City Clerk \ ) SEC.32 CITY CITY .' 7:32 R.24 OF ANDOVER OF ANOKA @ N 1/4 CORNER SEe .J2 I @ ~ ~ ~ $'~N1" M* .,., . ~,,-I"U, I ~ C( .. )... i. I :~ I I I..... . di I >~ ~Q; .' l . (.Z) \ I' . lll~TH LANE 1 7~) .. ,. fM) . , , . -. - " , ~ . (,,) (II) '. , '" ~ . a: or ,(,II)..;, '~ '" .' 1I:l"''- .. . ..~........, 1'(.1+" _, . "!......~.;:5L I eft.. , . VI') . "'-, :'-i~; i llf t'~cs ,~ . !:~ N.W~._ ~ :;(tr!...~.. " 2r.J1 .......... ; , " )... :' IAJ~ 1c~ ~ ~2."' ~ I . t !i . Q . ' ::t: ~ ''II' 'e u /2 a: .. . o ,... il :1381 ( / ; m ~ ~ \ , J "SI Ii '" o c z o ~ '" ~ c ~ o , II I l j 0tHffiH11#t1 D-H-ttttt#ttH1 l l l g . l t IATII: II =~ 1c=J~I:~-=T!B~-=1 CITY of -ANDOVER \ 1685 CROSSTOWN BOULEVARD N.W. · ANDOVER, MINNESOTA 55304 . (612) 755-5100 J.u.nJs..,J SPECI~~ PERMIT_ Property Address 14041 Round Lake Blvd. Legal Description of Property: (Fill in whichever is appropriate): " Lot 1 Block 2 Addi tion Andover Community Shopping ,Center PIN R32-32-24-12-0077 (If metes and bounds, attach the complete legal description.) Is the property: Abstract y or Torrens ? (This information must be provided and can be obtained from the County. ) ----------------------------------------------------------------- Reason for Request See Exhibit "A" Attached hereto. , / Section of Ordinance 4.2fi Current Zoning sr. ----------------------------------------------------------------- Name of.Applicant Rademacher Companies, Inc. Address 6272 Boone Avenue North, Brooklyn Park. MN 55428 Home Phone NA Business Phone 536-9600 ~~~::~:::::~~~~-------~:~:_--~~~!~~~------ Property Owner (Fee Owner) Wi11i"m r. R"dpm""her (If different from above) Address (;'7') Rnnnl3 A,r,::lonlliP N'n,.-t-n.. R,.-nnlrl)Tn 'P~T""... TvfN ~c;,/l?~ \ I Home Phone 478-2400 Business Phone 536-9600 . I?'~.~ /. ~~~::~:::_~~~-~~~---_::~:__!_~~:~~------ SPECIAL USE PERMIT PAGE 2 , ) The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial $190.00 Residential $150.00 Amended SUP ~ Recording Fee Abstract property ~ Torrens property $34.50 Date Paid g I~/~" Receipt It 03408 Rev. 5-06-93:d'A 5-04-94:bh 2-01-95:bh / 3-22-95:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive plan. \., j , j Exhibit A We are preparing to renovate our Bill's Superette at 14041 Round Lake Blvd. In that regard, we will be upgrading our existing underground gasoline storage tanks to comply with new Federal regulations that become effective in 1998. Whereas the existing storage tanks are located directly under the fuel dispensers, we propose to relocate the new tanks to the area of the lot as shown on the attached site plan, to improve public safety and to reduce the potential for traffic congestion when tankers are on the premises delivering product. In addition to matters of public safety, we intend to improve environmental safety by installing double walled storage tanks even though the regulations do not require double walled protection. ) , ) \ , / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 · (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, August 13, 1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Amended Special Use Permit request of Rademacher Companies, Inc. pursuant to Ordinance No.8, Section 4.26 to install underground storage tanks for the bulk storage of liquid fuels associated with a service station and convenience store known as Bill's Superette on the property located at 14041 Round Lake Boulevard NW, legally described as Lot 1, Block 2, Andover , / Community Shopping Center. All written and verbal comments will be received at that time and location. A copy of the application will be available at the Andover City Hall for review prior to said meeting. ~i~ Victoria V olk, City Clerk Publication dates: August 2, 1996 and August 9, 1996 . ) PIN: 293224340060 PETERSEN R P & MONTGOMERY B A 3628 141ST LN NW '\NDOVER MN 55303 PIN: 293224340061 FINEST HOMES INC 13611 N FORESTVIEW LN DAYTON MN 55327 , / PIN: 293224430037 BLOODGOOD SHERRIE L 3552 141ST LN NW ANDOVER MN 55304 PIN: 293224430038 KITZBERGER MELVIN J & I A 3548 141ST LN NW ANDOVER MN 55304 PIN: 293224430039 JACOBSON HAROLD E & S A 3528 141ST LN NW ANDOVER MN 55304 PIN: 293224430040 EDGARrON NEIL E & PAT 3518 141ST LN NW ANDOVER MN 55304 PIN: 293224430041 STCLAIR RICHARD B & J M 3508 141ST LN NW ANDOVER MN 55304 PIN: 323224120003 GROETrUM DALE MYRON & APRIL S 3545 140TH LN NW ANDOVER MN 55304 PIN: 323224120004 TIERNEY MICHAEL C & KRISTI 3531 140TH LN NW ANDOVER MN 55304 PIN: 323224120005 DUSENKA GLENN D 3517 140TH LN NW ANDOVER MN 55304 -rIN:323224120006 NORMAN JAMES M 3503 140TH LN NW ANDOVER MN 55304 PIN: 323224120007 KELLY STEVEN F & STACY C 3491 140TH LN NW ANDOVER MN 55304 PIN: 323224120041 COFFIN JOHN P & KAREN LYNN 14056 ROSE ST NW ANDOVER MN 55304 PIN: 323224120042 ZAJAC WILLIAM J & CHRISTINA I 14042 ROSE ST NW ANDOVER MN 55304 PIN: 323224120043 RUNGE DALE E & KATHERINE A 14026 ROSE ST NW ANDOVER MN 55304 PIN: 323224120055 MILLER STEVEN M & MARY BETH 14001 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120056 ESTUM BARrON K & JULIE A 14013 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120057 NELSON JOHN V & LYNN L 14027 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120058 _LoE NORMAN C & LOE MELODY J 14043 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120059 FORTUNA ANTHONY S & MICHELLE M 14059 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120073 RADEMACHER WILLIAM C 6272 BOONE AVE N lROOKLYN PARK MN 55428 J PIN: 323224120077 RADEMACHER WILLIAM C 6272 BOONE AVE N BROOKLYN PARK MN 55428 PIN: 323224120078 RADEMACHER WILLIAM C 6272 BOONE AVE N BROOKLYN PARK MN 55428 PIN: 323224120079 FRAKIE ROY V & JULIE A 14058 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120080 GERBER JOAN M 14044 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120081 CAUSBY NEAL R 14030 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120082 WILLADSON LARRY L 14018 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120083 PEAL JEFFREY A & LYNN M 14006 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120084 BERGSAGEL IRVIN E ETAL * 13994 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120085 SCHOWALTER DANIEL P 13982 SILVEROD ST NW ANDOVER MN 55304 I PIN: 323224120088 RADEMACHER WILLIAM C 6272 BOONE AVE N BROOKLYN PARK MN 55428 PIN: 323224210005 BARNUM MICHAEL D & PAIGE P J 3617 140TH LN NW ANDOVER MN 55304 PIN: 323224210006 HOLDERNESS DONALD L 3629 140TH LN NW ANDOVER MN 55304 PIN: 323224210007 CHOU NARD RICK L & TERASA S 3641 140TH LN NW ANDOVER MN 55304 PIN: 323224210021 TOMAS PAUL E 3616 140TH LN NW ANDOVER MN 55304 PIN: 323224210022 HAGENSON DALE J & BARBARA J 3628 140TH LN NW ANDOVER MN 55304 PIN: 323224210023 MOELLER B S & WAHL S L 14049 UNDERCLIFT ST NW ANDOVER MN 55304 PIN: 323224210024 WRIGHT JAMES L 14027 UNDERCLIFT ST NW ANDOVER MN 55304 'IN: 323224210025 '-BAUMAN KENDRA A 14021 TULIP ST NW ANDOVER MN 55304 PIN: 323224210026 WARZECKA GEOFFREY A & S K 14015 TULIP ST NW ANDOVER MN 55304 PIN: 323224210027 SANDSTROM JOHN D & MARY C 14009 TULIP ST NW \NDOVER MN 55304 / PIN: 323224210028 SCHNEIDER JAMES E & JANELLE R 14003 TULIP ST NW ANDOVER MN 55303 PIN: 323224210071 ANDOVER CITY OF 1685 CROSSTOWN BLVD ANOKA MN 55304 . / \ , / CITY OF ANDOVER \, REQUEST FOR COUNCIL ACTION DATE September 3, 1996 AGENDA SECTION t-.O Non-Discussion ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-.O Variance Off-Street Parking Setback Bill's Superette - 14041 Round Lk. Blvd. Rademacher Companies Inc. Jeff Johnson Planning \4. REQUEST , / The City Council is asked to review the variance request of Rademacher Companies Inc. to Ordinance No.8, Section 8.08 which requires all off-street parking facilities to be set back twenty (20) feet in the front yard and Section 8.04 which requires a twenty (20) foot landscaped yard along all streets on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot 1, Block 2, Andover Community Shopping Center. Please consult the attached staff report presented to the Planning and Zoning Commission at their August 13, 1996 meeting for further information. RECOMMENDATION The Planning and Zoning Commission recommends approval of the variance request. A resolution approved by the Commission is attached for Council approval. " " ) MOTION BY: SECOND BY: ; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R -96 A RESOLUTION APPROVING THE VARIANCE REQUEST OF RADEMACHER COMPANIES INe. TO ORDINANCE NO.8, SECTION 8.08, WHICH REQUIRES ALL OFF- STREET P ARKlNG F ACILITlES TO BE SET BACK TWENTY (20) FEET IN THE FRONT YARD AND TO SECTION 8.04 WHICH REQUIRES A TWENTY (20) FOOT LANDSCAPED YARD ALONG ALL STREETS ON THE PROPERTY LOCATED AT 14041 ROUND LAKE BOULEVARD NW, KNOWN AS BILL'S SUPERETIE, LEGALLY DESCRIBED AS LOT I, BLOCK 2, ANDOVER COMMUNITY SHOPPING CENTER. WHEREAS, Rademacher Companies Inc. has requested a variance to Ordinance No.8, Section 8.08, which requires all off-street parking facilities to be set back twenty (20) feet in the front yard and to Section 8.04, which requires a twenty (20) foot landscaped yard along all streets on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot I, Block 2, Andover Community Shopping Center; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04 and that a hardship does exist; and , I WHEREAS, the Planning and Zoning Commission finds that accommodations have been made by Rademacher Companies Inc. to provide landscaped area between the frontage road and parking lot area; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance 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 variance request of Rademacher Companies, Inc. on said property with the following conditions: 1. Add appropriate signage to indicate "No Parking" at the fuel tank dispensing area. 2. Add appropriate signage to indicate "No Parking" at the propane tank fueling area. Adopted by the City Council ofthe City of Andover on this IN day of September, of 1996. CITY OF ANDOVER ATIEST: J.E. McKelvey, Mayor i Victoria Volk, City Clerk Regular Andover Planning and Zoning Commission Meeting Minutes - August 13, 1996 Page 2 , (Public Hearing: Amended Special Use Permit - Bulk Storage of Liquid Fuels - Bill's Superette, Continued) item deals with a variance from the green space requirement to allow vehicles to travel through that area. That variance is similar to one granted to G-Will Liquors to the immediate south of this location. Traffic will travel between the tanks and the islands. As proposed, the filling of the tanks will take place away from the fuel dispensing area and the traffic isle so there will be no conflict with the tankers. Chairperson Squires noted the Resolution and Staff report show three 20,000-gallon tanks, one 10,000-gallon tank, and one 8,000-gallon tank. The fact sheet from the applicant shows three 20,OOO-gallon tanks, one 12,OOO-gallon tank, and one 8,000-gallon tank. Joe Nemo, Rademacher Companies, stated the correct request is three 20,000-gallon tanks, one 12,000-gallon tank and one 8,000-gallon tank. MOTION by Apel, Seconded by Putnam, to open carried on a 6-Yes, 1-Absent (Peek) vote. public testimony. the public hearing. 7:14 p.m. There Motion was no MOTION by Wells, Seconded by Barry, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Peek) vote. 7:14 p.m. \ , / The Commission liked the fact that the tanks would be upgraded to the new federal regulations and that the location will create a safer situation for dispensing fuel. MOTION by Apel, Seconded by Luedtke, to forward to the City Council a recommendation for the approval of the Amended Special Use Permit as presented by Staff with the addition in Section 1 talking about regulations, add State and Federal requirements; change the 10,000- gallon tank to a 12,000-gallon tank. Motion carried on a 6-Yes, 1- Absent (Peek) vote. This will be placed on the September 3, 1996, City Council meeting agenda. 7:17 p.m. VARIANCE - GREEN SPACE REQUIREMENT/OFF-STREET PARKING SETBACK - BILL'S SUPERETTE - 14041 ROUND LAKE BOULEVARD NW - RADEMACHER COMPANIES, INC. Mr. Johnson reviewed the request of Rademacher Companies, Inc., to vary from Ordinance No.8, Section 8.08, which requires all off -street parking facilities to be set back 20 feet from the front yard; and Section 8.04 which requires a 20-foot landscaped yard along all streets. The request is to encroach in that setback by 15 feet to provide for an off-driveway dispensing area for fuel tankers to park while delivering fuel to the site. It will also alleviate traffic congestion aro1lnd the fuel pumps, provide an unobstructed service lane for traffic, and provide a safer environment in that area. He reviewed the applicable \ ordinances and Commission options. ~' Mr. Carlberg explained Staff will review the proposal for green space and landscaping during the commercial site plan process. He did not Regular Andover Planning and Zoning Commission Meeting Minutes - August 13, 1996 Page 3 J {Variance - Green Space Requirement/Off-Street Parking Setback - Bill's Superette, Continued} feel there was a safety factor from the driving portion of Round Lake Boulevard, as there will still be five feet to the property line plus over 20 feet of ditch area to the travel lane on that road. He also felt the variance provides a much better plan by having the fueling tankers to the side and allowing traffic to continue to flow through the area. The Commission discussed the desire to have some signs placed in the fueling area so vehicles would not park there. They also wanted to be sure that any parking by the propane tank would not interfere with the fueling tanker operations. Joe Nemo, Rademacher Companies, stated the fueling area will be striped and no parking permitted. Chairperson Squires noted since a similar variance was granted for the property to the south, traffic would be very inconsistent without this variance. He felt it is very appropriate with the condition of signing for No Parking. Mr. Carlberg stated Staff will make sure the area is signed properly during the commercial site plan process. \ Terry Schander, Rademacher Companies, explained that parking for the J propane tank averages five minutes. Their fueling tankers normally come in the early mornings to avoid interfering with customers dispensing fuel, and the tanker takes only 20 to 25 minutes to unload. The vast majority of the sales for propane is for barbecue-type cylinder3 that many people hand carry to the tank. Occasionally there will be a motor home and a fuel tanker at the same time, so some jockeying in parking may be required. But there is plenty of room that he did not see a problem. The propane tank will be protected as it is now. They are not allowed to place the propane tank below ground. Mr. Carlberg stated during the commercial site plan review, they will use templates to look at traffic flow so there will be no conflict. Possibly the propane tank will have to be moved further away from the area. Chairperson Squires felt there should be an exclusive area created for the tankers where there is no potential for overflow parking. Commissioner Wells wanted to see the propane tank moved further away so there is no possibility of conflict with parking of a motor home with a semitrailer and a fuel tanker. \ , ) MOTION by Putnam, Seconded by Apel, to recommend the Resolution approving the variance of Rademacher Companies to Ordinance 8, Section 8.08 as drafted by Staff with the following changes: Second to last paragraph, "...approves the variance request of Rademacher Companies, Inc., on said property, with the following conditions:" Add con~ition 1, "Add appropriate signage to indicate "No Parking" at the tank filling area and propane tank filling area. A sign for parking exclusive of those two operations only." Motion carried on a.6-Yes, 1-Absent (Peek) vote, This will be placed on the September 3,1996, City Council agenda. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION August 13, 1996 DATE Planning Jeff Johnson APPROVED FOR ::E~ AGENDA ITEM 4. Variance - Green Space Req./ Off-Street Parking Setback - Bill's Superette - 14041 Round Lake Boulevard NW ORIGINATING DEPARTMENT BY: REOUEST The Planning and Zoning Commission is asked to review the variance request of Rademacher Companies, Inc. to Ordinance No.8, Section 8.08, which requires all off- street parking facilities to be set back twenty (20) feet in the front yard and Section 8.04, which requires a twenty (20) foot landscaped yard along all streets on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot 1, Block 2, Andover Community Shopping Center. The property is zoned SC, Shopping Center. ,~ APPLICABLE ORDINANCES Ordinance No.8, Section 8.08, establishes the minimum setback requirements for off- street parking facilities and requires off-street parking facilities to be setback twenty (20) feet in the front yard. Ordinance No.8, Section 8.04, requires a mimimum twenty (20) foot landscaped yard along all streets. Ordinance No.8, Section 5.04, establishes the variance procedure and process. Variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the Zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. REVIEW \ ) The applicant is requesting to encroach fifteen (15) feet into the required twenty (20) foot setback for off-street parking facilities. This space will provide for an off-driveway dispensing area for fuel tankers to park while delivering product (fuel) to the site. Please consult the attached application for background information on the request. , / Page Two Variance - Bill's Superette 14014 Round Lake Boulevard NW August 13, 1996 COMMISSION OPTIONS 1. The Planning and Zoning Commission may recommend to the City Council approval of the variance requested by Rademacher Companies, Inc. to Ordinance No.8, Section 8.08, which requires all off-street parking facilities to be set back twenty (20) feet in the front yard and Section 8.04, which requires a twenty (20) foot landscaped yard along all streets on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot 1, Block 2, Andover Community Shopping Center. The Commission finds the request meets the provisions of Ordinance No.8, Section 5.04, Variances and Appeals. / 2. The Planning and Zoning Commission may recommend denial of the variance requested by Rademacher Companies, Inc. to Ordinance No.8, Section 8.08, which requires all off-street parking facilities to be set back twenty (20) feet in the front yard and Section 8.04, which requires a twenty (20) foot landscaped yard along all streets on the property known as Bill's Superette, legally described as Lot 1, Block 2, Andover Community Shopping Center. The Commission finds the request does not meet the requirements of Ordinance No.8, Section 5.04, Variances and Appeals. In recommending denial, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. , ) ~ CITY of ANDOVER \ ) VARIANCE REQUEST FORM Property Address 14041 Round Lake Blvd. NW Legal Description of Property: (Fill in whichever is appropriate): Lot 1 Block 2 Addi tion Andover Community Shopping Center Plat Parcel PIN R32-32-24-12-0077 (If metes and bounds, attach the complete legal) Description of Request Rprl",.t";nn nf gTPpn "p",,.p TPq";TP'! "'y Ordinance 8, Sec. 8.04 and varience to Sec. 8.08 off-street parking set back requirements Specific Hardship See Exhibit A hereto / Section of Ordinance 8 04/R OR Current Zoning ~'hnpp;ng ('pnt"PT ----------------------------------------------------------------- Name of Applicant Rademacher Companies, Inc. Address 6272 Boone Avenue North, Brooklyn Park, MN 55428 Home Phone NA Business phone 536 9600 ~~~::~:::_~~~~~---~:~:_~~~~~-~----------- Property Owner (Fee Owner) William C. RadernachPT (If different from above) Address 6272 Boone Avenue North Brooklyn Park, MN 55428 Home Phone 478-2400 Business Phone 536-9600 Signature a1~ e. ?~ Date 7/3,,/q~ ~ ~ / I ---------Ja1~- - -~~~:~~----------------------------- -.........., - , ./ VARIANCE PAGE 2 , ) The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family $~5.00~. Other Requests - ~dO.~ 'r Date Paid els/'ll,.. Receipt # 1L{(.]4- Rev. 1-07-92:d'A 5-23-94:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and zoning Commission, and: 1. If the request is in keeping with the spirit and intent of this Ordinance. , / 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique. to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. i \ / '. / EXHIBIT "A" As part of the site renovation described in our Special Use Permit application, we wish to provide for an off-driveway dispensing area for fuel tankers to park while delivering product to the site. Without the requested variance, we do not have sufficient space to provide an unobstructed drive through lane as a continuation of the North-South service drive that the City has required us to construct on the adjoining property to the South of the site. The off-driveway dispensing area is viewed as essential to having an unobstructed service lane for traffic control and public safety issues when tankers are on the site. / , .. j ; ~ - ~ '" o c z o ~ ,., CD o c ~ o IAT\I: II ~~ 'II I. 'il I l I 0+tffitHtHtH D+tttH+ttH-H1 = = l l t II ~. ! I P II I ~ I I I~I:=--=-~-=I II AGENDA t-O. ITEM t-O. \6. CITY OF ANDOVER REQUEST FOR COUNCIL ACfION September 3, 1996 DATE SECTION Non-Discussion ORIGINATING DEPARTMENT ::speCIal use permIt Car Wash 14041 Round Lake Blvd. NW Rademacher Companies, Inc. Jeff Johnson Planning REQUEST The City Council is asked to review the Special Use Permit request of Rademacher Companies, Inc. to construct a car wash on the property located at 14041 Round Lake Boulevard NW, legally described as Lot 1, Block 2, Andover Community Shopping Center. ,_ ) BACKGROUND ) For background information please consult the attached staff report presented to the Planning and Zoning Commission and the minutes from the August 13, 1996 meeting. PLANNING AND ZONING COMMISSION REVIEW The Planning and Zoning Commission at their August 13, 1996 meeting reviewed the request and recommends to the City Council approval of the Special Use Permit for the construction of a car wash with conditions. A resolution is attached for Council review and approval. MOTION BY: SECOND BY: APPROVED FOR AGENDA BY: ? 11 <'\\ ~'\ / \1F- Vu \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R -96 A RESOLUTION APPROVING THE VARIANCE REQUEST OF RADEMACHER COMPANIES INC. TO ORDINANCE NO.8, SECTION 8.08, WHICH REQUIRES ALL OFF- STREET PARKING FACILITIES TO BE SET BACK TWENTY (20) FEET IN THE FRONT YARD AND TO SECTION 8.04 WHICH REQUIRES A TWENTY (20) FOOT LANDSCAPED YARD ALONG ALL STREETS ON THE PROPERTY LOCATED AT 14041 ROUND LAKE BOULEVARD NW, KNOWN AS BILL'S SUPERETTE, LEGALLY DESCRIBED AS LOT I, BLOCK 2, ANDOVER COMMUNITY SHOPPING CENTER. WHEREAS, Rademacher Companies Inc. has requested a variance to Ordinance No.8, Section 8.08, which requires all off-street parking facilities to be set back twenty (20) feet in the front yard and to Section 8.04, which requires a twenty (20) foot landscaped yard along all streets on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot I, Block 2, Andover Community Shopping Center; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04 and that a hardship does exist; and / WHEREAS, the Planning and Zoning Commission finds that accommodations have been made by Rademacher Companies Inc. to provide landscaped area between the frontage road and parking lot area; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance 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 variance request of Rademacher Companies, Inc. on said property. Adopted by the City Council of the City of Andover on this Jrd day of September, of 1996. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria Volk, City Clerk , ) Page Two , / Resolution Special Use Permit - Car Wash 14041 Round Lake Boulevard NW Bill's Superette 3. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). Adopted by the City Council of the City of Andover on this 3rd day of September, 19.2.6.. CITY OF ANDOVER J.E. McKelvey, Mayor ATTEST: I Victoria V olk, City Clerk ) . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. -=2Q. A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF RADEMACHER COMPANIES, INC. TO CONSTRUCT A CAR WASH AT 14041 ROUND LAKE BOULEVARD NW, KNOWN AS BILL'S SUPERETTE, LEGALLY DESCRIBED AS LOT 1, BLOCK 2, ANDOVER COMMUNITY SHOPPING CENTER. WHEREAS, Rademacher Companies, Inc. has requested a Special Use Permit to construct a car wash on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot 1, Block 2, Andover Community Shopping Center; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Sections 5.03 and 7.03; and / WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property values; and the use is in harmony with the Comprehensive Plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of tlle Planning and Zoning Commission to approve the Special Use Permit on the above described property with the following conditions: 1. The Special use Permit will be subject to annual review and site inspection by City Staff. J 2. The Special Use Permit will be subject to Rademacher Companies, Inc. receiving Commercial Site Plan approval from the City. Regular Andover Planning and Zoning Commission Meeting Minutes - August 13, 1996 Page 4 , ) PUBLIC HEARING: SPECIAL USE PERMIT - CAR WASH IN SHOPPING CENTER DISTRICT - BILL'S SUPERETTE - 14041 ROUND LAKE BOULEVARD NW - RADEMACHER COMPANIES, INC. 7:34 p.m. Mr. Johnson reviewed the request of Rademacher Companies, Inc., to construct a car wash at Bill's Superette. It would be located north of the building and would meet all setback requirements. He noted the applicable ordinances and criteria to be examined when considering Special Use Permits. Terry Schander, Rademacher Companies, explained there will be a dryer. They have not decided on the specific system. Commissioner Barry noted the problem of slippery streets in the winter from cars coming out of the car wash down Hanson Boulevard. Mr. Carlberg stated that is also a concern of Staff. Blowers or heated pads would help, and that will be reviewed during the commercial site plan review. He also explained the elimination of one of the curb cuts and relocating another one further east. There will be three entrances to the site, two from 140th Lane and one from Round Lake Boulevard. Commissioner Wells had a concern with the traffic patterns around the car wash, suggesting the possibility of an "out only" exit for the most eastern exit to 140th Lane. Mr. Carlberg felt it would be a safe" \ situation by not restricting the direction of traffic on that eastern , ) exit, as it may be necessary for cars to enter there if traffic is backed up on 140th Lane blocking the entrance nearer to Round Lake Boulevard. Mr. Schander did not feel there would be stacking lines for the car wash, as the one they are considering has been tested to do 60 to 65 cars an hour. He too did not feel a one-way on the eastern entrance would work, that the proposal as shown works the best for the business. He didn't want to inconvenience customers by having them travel all the way around to the south side or to have to go back onto 140th and make the radius to come in. Commissioner Putnam raised the issue of noise and hours of operation because of the proximity to residents. Mr. Carlberg pointed out the City limited the hours of operation of the car wash at the SuperAmerica station on Bunker Lake and Round Lake Boulevard to 8 a.m to 9 p.m., seven days a week. Mr. Schander explained the car wash will be a single lane and self service with a conveyor that pulls the car through. It will be long enough to have 2 1/2 to 3 cars in the tunnel at one time. The tunnel will be long enough so the noise from the dryers and machines will not be transmitted to the neighboring properties. While the suggestion is t~ have a main bay of 42 feet, their's will be in excess of 70 feet to allow for dripping and to contain the equipment within the bay. He had no intention of having the car wash unattended or having the doors open. He would agree to having the doors automatically shut each day. / MOTION by Wells, Seconded by Barry, to open carried on a 6-Yes, 1-Absent (Peek) vote. public testimony. the public hearing. 7: 50 p.m. There ~otion was no Regular Andover Planning and Zoning Commission Meeting Minutes - August 13, 1996 Page 5 ) (Public Hearing: Special Use Permit/Car Wash/Bill's Superette, Cont.) MOTION by Barry, Seconded by Luedtke, to close the public hearing, Motion carried on a 6-Yes, I-Absent (Peek) vote. 7:50 p.m. MOTION by Apel, Seconded by Putnam, that we send to the City Council the recommended approval of the Resolution granting the Special Use Permit for the car wash as prepared by Staff word for word. DISCUSSION: Commissioner Apel felt the hours of operation issue in this particular situation is different enough and the technology is different enough that he would not be interested in limiting the hours of operation. That can be reviewed on an annual basis; and if after a year it is determined that the operation should be limited, it is simple to amend the Permit. Motion carried on a 6-Yes, I-Absent (Peek) vote. This will be on the September 3, 1996, City Council agenda. 7:52 p.m. ~~~_HEARING: AMEND ORDINANCE NO. 10", PLATTING AND- SUBDIVIDING :r.~:erg asked that the item he tabled to the next meeting. If the materia~is not available for the next meeting, Staff would readvertise the publrc hearing. ) MOTION by 'i:u~tke, Seconded by Wells, to table the public hearing on Ordinance No. 0, the Platting and Subdividing Ordinance. (to the Augus~ 27, 1996, meet~ g) Motion carried on a 6-Yes, I-Absent (Peek) vote. SKETCH PLAN - WOODLAND ESTATES - SECTION 22 - WOODLAND DEVELOPMENT COMPANY ',,- "- Byron Westlund, Woodla~ Development Corporation, reviewed the sketch plan of the proposed development of Woodland Estates, which consists of 160 lots on 78 acres. Th~~Laptudas wish to reside in their existing home on a one-acre lot, which will be located on the northeast portion of the proposed plat. The proposal would be that they will continue to use their on-site septic system, and well with the understanding that they meet the 39, OOO-square feet. If something would go wrong with their septic system or well, they would hook up to the municipal sewer and water. The Laptudas have asked that the pole building be kept in place and they would lease it for three to four years. At the end of that term, the building would be removed. Because the plat will be phased, that area could be put in the second phase so the pole building does not encroach into the view of other people. '''-, Mr. Westlund explained the Anoka County Highw~Y,Department has expressed concern with their northern exit to the plat. ~hey are amenable to th~ County's suggestion to end that exit in a cuI-de-sac and provide the \ second exit even further north which is now sh'o.wn as a cul-de-sac. J There is also some talk about revising the interse~~'on of Nightingale and Crosstown to make it a T intersection. That is out of their control. It is a heavily wooded parcel, and they are aking an effort , ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION August 13, 1996 DATE Planning Jeff Johnson APPROVED FOR AGENDA BVlJV AGENDA ITEM 5. Public Hearing: Special Use Permit - Car Wash in Shopping Center District - Bill's Superette 14041 Round Lake Boulevard NVv ORIGINATING DEPARTMENT BY: REQUEST The Andover Planning and Zoning Commission is asked to review the Special Use Permit request of Rademacher Companies, Inc. to construct a car wash at Bill's Superette located at 14041 Round Lake Boulevard NW, legally described as Lot 1, Block 2, Andover Community Shopping Center. The property is zoned SC, Shopping Center APPLICABLE ORDINANCES './ Ordinance No.8, Section 5.03, regulates the Special Use Permit process. Ordinance No.8, Section, Section 7.03, lists those uses allowed by Special Use Permit. In a SC, Shopping Center District, a car wash is allowed under a Special Use Permit after a minimum 25,000 s.f. of retail floor space is constructed in that district. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. The existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. 3. The effect on the values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive PIan. Page Two S.U.P. - Car Wash Bill's Superette 14041 Round Lake Boulevard NW August 13, 1996 GENERAL REVIEW The applicant will be present at the meeting to discuss the car wash operation. The car wash meets all setback requirements. COMMISSION OPTIONS 1. The Planning and Zoning Commission may approve the Special Use Permit requested by Rademacher Companies, Inc. to construct a car wash on the property 10cated at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot 1, Block 2, Andover Community Shopping Center. , / The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. 2. The Planning and Zoning Commission may deny the Special Use Permit requested by Rademacher Companies, Inc. to construct a car wash on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot 1, Block 2, Andover Community Shopping Center. The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item. " ~ SEC.32 R.24 ,.) CITY CITY "'''z r'l $:~ ril) '" R 1 " l~ I LANE (.Z) . 3!~ (9,' zi \ I . 11..:>8TH ~ '. ~ . -- - " //#1) fA) , , ~s , , . ~. " 'I (II) ~. . r~) , ~ , ~- '" . I-' :n 7:32 OF ANDOVER OF ANOKA @ N 1/4 CORNER SEe 32 @ ~ ~ ~ fl1&l0'" M~ i J,:... pJ I I , .M~' tlh.,,",qr h.N'~ 6.-.-.... - &1.) PARK let: .. ,tJ,JJ ._. 1'~ .' 11:. ,." .. ,""~ .......1 l!lz'I.j , . ""....._~;:5l I' ~ ?')~~: j '.If ('~c:i l o ~~ N Wr,,_ <!) ~I..... ...(tlJ"'~" ~ o~1 ,..:ict: :'1" ::.... ~. w~ , !<~ '--' . ~..... J5 1#) (}) ~ ~ :::.' 2 , , ~ ," ~ / 1 t ~ ~ ;Zu 12 " .f ~, \ 13, .- 'I # ~ III ~ .. f ~~~ .J,,; ~ >0. :lOC... '..... f#} D '138 ~ , ) . / ;' m - ~ '- .J '" o c z o .- . ~ ,., III c ~ o 'II I l I GttffitH+t#H G1tH+ttttt+tt1 ~ ~ l g · l t II ~. ~ I P II I ~ I I I "A;-11= II ~~=~IC II I~I:=-~-~-:I ~. " . .... . GuWQsL/St...- , ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (612) 755-5100 SPECIAL USE PERMIT property Address 14041 Round Lake Blvd. Legal Description of Property: (Fill in whichever is approp;iate): Lot 1 Block 2 Addi tion Andover Communitv Shopping Center PIN R32-32-24-12-0077 (If metes and bounds, attach the complete legal description_ ) Is the property: Abstract or Torrens ? (This information must be provided and can be obtained from the County. ) ----------------------------------------------------------------- Reason for Request We are preparing to renovate our Bill; s Superette at the above address. Our renovation plans include the addition of a self-service car wash as shown on th~ attached si~p plan r.nmpPt"irinn from otn/=lo"- rnnvpn;pnrp .c:t"nre / operations that have car washes within our market area. necessitates our addition of the planned car wash facility. Section of Ordinance 5.03/7.03 Current Zoning sc ----------------------------------------------------------------- Name of Applicant R d h C i I a emac er ompan es nc. Address 6272 Boone Avenue North, Brooklyn Park, MN 55428 Home phone NA Business phone 536-9600 ~~:::~:::_~~~~~----------~:~:_--~:~~~------- property Owner (Fee Owner) tJi1li~~ (' lI~r1"m~...n",. (If different from above) " ,) Address 6272 Boone Avenue North. Brooklvn Park. MN 55428 Home Phone 478-2400 Business Phone 536-9600 uI~ {}.?~. ~~:::~:::_~~~~~~--~:~:_--~~~~------ . SPECIAL USE PERMIT PAGE 2 ,_J The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial ~9~ Residential $150.00 Amended SUP $50.00 Recording Fee Abstract property~ Torrens property $34.50 Date Paid gk/~r; Receipt i ()~4t51r? '. Rev. 5-06-93:d'A 5-04-94:bh 2-01-95:bh 3-22-95:bh Res. 179-91 (11-05-91) , / CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. \ \~ DEe 29 '95 12:35PM PETERSEN TEWS & SQUI P.2/5 SHORT FORM POWER OF ATTORNEY " , J PRINCIPAL: William C. Rademacher 5700 Vagabond Lane Plymouth, Minnesota 55446 ATTORNEY(S)-IN-FACT SUCCESSOR ATTORNEY(S)-IN.FACT NONE Joseph M. Nemo, Jr. 2025 Evergreen Court Roseville, Minnesota 55113 I, William C. Rademacher, appoint the above-named Attorney(s)-in-Fact to act as my attomcy(s)-in- fact: FffiST: To act for me in any way I myself could act with respect to thc following matters, as each of them is defined by Statute. (To grant to the attomey(s).in-fact any of the following powers, make a check or 'x' on tho Iino in front of each powor being granted. You may, but not need, cross out each power not granted. Failure to make a check or 'x' in the line in front of the power will have the effect of deleting the power unless the line in front of the power of (N) is checked or x-ed. / Check or 'x' -1L (A) real property transactions; I eases! te limit this peONer ts fIIlal prepeFty ill. fC3l1soyS: (Use legal eieseriptien. De Het \lse sl:Fel:!t aedress.) Cellmty, aeseribea as (If more space is needed, continue on the back or on an attachment.) ...x... ...x... ..1L \ \ ,J -K- (B) tangible personal property transactions: (C) eeRe, saare, aRd eemmedity tfB.ll.saetieAs; (D) banking transactions: (E) business operation transactions: (F) illSltFBHee tmnsaetioRs: (0) 8enef.iej~' tranS!stieR3: (H) gift trat138stieJ\s: (I) fiaueiary t:r.aRs98Ba!ls: (1) 81aims ana litigatisa: (K) family maiateallHse: (L) !:JeaeRta frem military serviee: (M) records, reports, and statements: (N) all sf ilie pewers listes ia (,\) tkrellgk EM) alleye ME! all efuer ffia~el'S. DEe 29 '95 12:35PM PETERSEN TEWS & SQUI P.3/S " J , SECOND: (You must indicate below whether or not this power will be effective if you become incapacitated or incompetent. . Make a check or 'x' on the line in front of the statement that expresses your intent.) This ps',,'er sf attemey shall sSRtiNlle to ae effeetive if I 6tl8ame iRsapadtateEl ar iaeempeteftt --K..- This power of attorney shall not be effective if I become incapacitated or incompetent. THIRD: (You must indicate below whether or not this power of attorney authorizes the Ilttomcy(s)-in-fact to transfer your property to the attomcy(s)-in-fact. Make a check or 'x' on the line in front of the statemcnt that expresses your intent.) This power af attamey 8.lftheri~s the uleme:)"(s) ill filet ta transfer my prop@~' ta tke lmaraey(s) iN foot. --K..- This power of attorney' does not authorize the attorney(s)-in-fact to transfer my property to the attorney(s)-in-fact. FOURTH: (You may indicate below whether or not the attorney(s)-in-fact is required to make an accounting. Make a check or 'x' on thc line in front of the statement that expresses your intent.) ....x-.- My attorney(s)-in-fact need not render an accounting unless I request it or the accounting is otherwise required by statutc. My atteme)'(s) is faet HUlst reRder (menthly)(qallfterIY)(al1e-u&l) aeeBIlHtiHgs, ta me ar allfiflg my lifetime, and Ii final aeeollRtiRg te the JlerseneJ " represeRtllti...e sf my eatate, if aliY is aflJleinled, afteF my E1et*ft. . . / In Witness Whereof I have hereunto signed my name this ~ day of .:r;,..) . I 99ff... J 'J'" . . .",? .....) 1,./ .. /,&a~ '-- ~ ~>>71':;U'~ - Principal (William C. Rademacher) STATE OF MINNESOTA COUNTY OF HENNEPIN -- The foregoing instrument was acknowledged before mc this..3;2.0 day orJ/h.Iit/J.f7 199.&., by w' . ~.=.. Q.&/JQ:L ____fophsJa31.2lDI Notary Public This instrument drafted by: Peterscn, Tews & Squires Professional Association 80 South Eighth Street #4800 Minneapolis, MN 55402 (612) 344-1600 M,ISHhlUlO\RDS\4007\~007.01.D02 '\..) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, August 13, 1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Special Use Permit request of Rademacher Companies, Inc. pursuant to Ordinance No.8, Section 7.03, Special Uses to construct a car wash at the existing Bill's Superette located at 14041 Round Lake Boulevard NW, legally described as Lot 1, Block 2, Andover Community Shopping Center. './ All written and verbal comments will be received at that time and location. A copy of the application will be available at the Andover City Hall for review prior to said meeting. ~~ Victoria Volk, City Clerk Publication dates: August 2, 1996 and August 9, 1996 \. J PIN: 293224340060 PETERSEN R P & MONTGOMERY B A 3628 141ST LN NW 'NDOVER MN 55303 , / PIN: 293224340061 FINEST HOMES INC 13611 N FORESTVIEW LN DAYTON MN 55327 PIN: 293224430037 BLOODGOOD SHERRIE L 3552 141ST LN NW ANDOVER MN 55304 PIN: 293224430038 KITZBERGER MELVIN J & I A 3548 141ST LN NW ANDOVER MN 55304 PIN: 293224430039 JACOBSON HAROLD E & S A 3528 141ST LN NW ANDOVER MN 55304 PIN: 293224430040 EDGARTON NEIL E & PAT 3518 141ST LN NW ANDOVER MN 55304 PIN: 293224430041 STCLAIR RICHARD B & J M 3508 141ST LN NW ANDOVER MN 55304 PIN: 323224120003 GROETTUM DALE MYRON & APRIL S 3545 140TH LN NW ANDOVER MN 55304 PIN: 323224120004 TIERNEY MICHAEL C & KRISTI 3531 140TH LN NW ANDOVER MN 55304 PIN: 323224120005 DUSENKA GLENN D 3517 140TH LN NW ANDOVER MN 55304 / PIN: 323224120006 NORMAN JAMES M 3503 140TH LN NW ANDOVER MN 55304 PIN: 323224120007 KELLY STEVEN F & STACY C 3491 140TH LN NW ANDOVER MN 55304 PIN: 323224120041 COFFIN JOHN P & KAREN LYNN 14056 ROSE ST NW ANDOVER MN 55304 PIN: 323224120042 ZAJAC WILLIAM J & CHRISTINA I 14042 ROSE ST NW ANDOVER MN 55304 PIN: 323224120043 RUNGE DALE E & KATHERINE A 14026 ROSE ST NW ANDOVER MN 55304 PIN: 323224120055 MILLER STEVEN M & MARY BETH 14001 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120056 ESTUM BARTON K & JULIE A 14013 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120057 NELSON JOHN V & LYNN L 14027 SILVEROD ST NW ANDOVER MN 55304 'IN: 323224120058 \ - LOE NORMAN C & LOE MELODY J 14043 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120059 FORTUNA ANTHONY S & MICHELLE M 14059 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120073 RADEMACHER WILLIAM C 6272 BOONE AVE N ~ROOKLYN PARK MN 55428 \ / PIN: 323224120077 RADEMACHER WILLIAM C 6272 BOONE AVE N BROOKLYN PARK MN 55428 PIN: 323224120078 RADEMACHER WILLIAM C 6272 BOONE AVE N BROOKLYN PARK MN 55428 PIN: 323224120079 FRAKIE ROY V & JULIE A 14058 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120080 GERBER JOAN M 14044 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120081 CAUSBY NEAL R 14030 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120082 WILLADSON LARRY L 14018 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120083 PEAL JEFFREY A & LYNN M 14006 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120084 BERGSAGEL IRVIN E ETAL * 13994 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120085 SCHOWALTER DANIEL P 13982 SILVEROD ST NW ANDOVER MN 55304 ) PIN: 323224120088 RADEMACHER WILLIAM C 6272 BOONE AVE N BROOKLYN PARK MN 55428 PIN: 323224210005 BARNUM MICHAEL D & PAIGE P J 3617 140TH LN NW ANDOVER MN 55304 PIN: 323224210006 HOLDERNESS DONALD L 3629 140TH LN NW ANDOVER MN 55304 PIN: 323224210007 CHOUNARD RICK L & TERASA S 3641 140TH LN NW ANDOVER MN 55304 PIN: 323224210021 TOMAS PAUL E 3616 140TH LN NW ANDOVER MN 55304 PIN: 323224210022 HAGENSON DALE J & BARBARA J 3628 140TH LN NW ANDOVER MN 55304 PIN: 323224210023 MOELLER B S & WAHL S L 14049 UNDERCLIFT ST NW ANDOVER MN 55304 PIN: 323224210024 WRIGHT JAMES L 14027 UNDERCLIFT ST NW ANDOVER MN 55304 'IN:323224210025 '-dAUMAN KENDRA A 14021 TULIP ST NW ANDOVER MN 55304 PIN: 323224210026 WARZECKAGEOFFREY A& S K 14015 TULIP ST NW ANDOVER MN 55304 PIN: 323224210027 SANDSTROM JOHN D & MARY C 14009 TULIP ST NW 'NDOVER MN 55304 \ / PIN: 323224210028 SCHNEIDER JAMES E & JANELLE R 14003 TULIP ST NW ANDOVER MN 55303 PIN: 323224210071 ANDOVER CITY OF 1685 CROSSTOWN BLVD ANOKA MN 55304 / \ \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: September 3. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,~t Engineering ITEM NO. Accept Petition/Order Feasibility Report! I 96-23/13625 Jay Street NW/Kottkes' Bus Service, Inc. to. The City Council is requested to approve the resolution declaring adequacy of petition for the improvement of watermain for Project 96-23, in the area of 13625 Jay Street NW (Kottkes' Bus Service, Inc.). Kottkes' Bus Service, Inc. has indicated that they need to replace their well and as municipal water service is close by it would be appropriate for them to connect at this time. To provide Kottkes' water service, the watermain will need to be extended to their property. The extension of the watermain could be added to the existing contract with Forest Lake Contracting. This will be presented to the City Council at a future date as a change order to their contract. . I \ \ "J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. 96-23, IN THE 13625 JAY STREET NW (KOTTKES' BUS SERVICE INC.) AREA. WHEREAS, the City Council has received a petition, dated August 16. 1996, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: , / 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is -0- 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of September, 19 96, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk .. I 9b'- Z3 , I KOTTK'::S' BUS SERVILE, INC. 13625 JAY STREET . ANDOVER, MINNESOTA 55304 · PHONE 755-3100 RECEIVED 8/16/96 AUG 1 6 1995 CITY OF ANDOVER ANDOVER CITY ENGINEER 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 RE: MUNICIPAL IMPROVEMENTS DEAR CITY ENGINEER: WE DO HEREBY PETITION FOR IMPROVEMENTS OF~~SANITARY SEWER, STORM SEWER AND STREETS (CIRCLE ONE R MORE) WITH THE COSTS OF THE IMPROVEMENT TO BE ASSESSED AGAINST BY BENEFITl'ING PROPERTY. / SAID PETITION IS UNANIMOUS AND THE PUBLIC HEARING MAY BE WAIVED. WE WOULD LIKE TO BE ASSESSED OVER A 5 YEAR PERIOD. SINCERELY, 8,'7./tJ .~~ LLOYD . HANSON, PRESIDENT KOTI'KES' BUS SERVICE, INC. 13625 JAY STREET NW ANDOVER, MN 55304 HOME PHONE: 421-6747 WORK PHONE: 755-3100 EXT. 201 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: September 3. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,~t Engineering ITEM NO. Accept Feasibility Report!96-23/ 13625 Jay Street NW/Kottkes' Bus Service, Inc. H. The City Council is requested to approve the resolution accepting feasibility study, waiving public hearing and ordering improvement for Project 96-23 for watermain at 13625 Jay Street NW (Kottkes' Bus Service, Inc.). / \ ) ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 96-23 FOR WATERMAIN IN THE FOLLOWING AREA 13625 JAY STREET NW (KOTTKES' BUS SERVICE. INC.). WHEREAS, the City Council did on the ~ day of _September, 19 96, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 3rd day of September ,19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 13.997.00 ) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 13.997.00 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a ~ year period. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of September , 19~, with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor \ ,j Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) OA TE: September 3. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Ericksondt Engineering ITEM NO. \~ward Bid/95-26/Shadowbrook The City Council is requested to approve, contingent on all necessary documentation being completed, the resolution accepting bids and awarding the contract to C.W. Houle, Inc. in the amount of $1 ,487,375.67 for Project 95-26, Shadowbrook. The bids received are as follows: C.W. Houle, Inc. LaTour Construction S.J. Louis Construction $1,487,375.67 $1,579,096.18 $1,610,961.20 / Engineer's Estimate $1,784,970.50 , ) , I J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 95-26 FOR SANITARY SEWER WATERMAIN STREET AND STORM SEWER IN THE AREA OF SHADOWBROOK, CONTINGENT ON ALL NECESSARY DOCUMENTATION BEING COMPLETED. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 145-96 ,dated August 8 , 1996, bids were received, opened and tabulated according to law with results as follows: C.W. Houle, Inc. LaTour Construction S.J. Louis Construction $1,487,375.67 $1,579,096.18 $1,610,961.20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate C.W. Houle. Inc. as being the apparent low bidder. / BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with C.W. Houle. Inc. in the amount of $1.487.375.67 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this --3.rL day of September ,19~, with voting in favor of voting Councilmembers the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / J.E. McKelvey - Mayor Victoria Volk - City Clerk TABULATION OF BIDS ) Shadowbrook Addition City of Andover, Minnesota Commission No. 11142 Brown ri CW. Ho I . / ion W.B. 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(")(")00f"l.-t........ ....ri ... N 0000000000 OOOOOOOOON OO......NNo:lCl'lt"-<O 0000 ON 1010...... ... .-Irl ~ ~Hl ~ tl f3 iHHl ~ 0000000000 ooooooooor- . . . . . .. .. NNOOOOO(J')O.... OOOO<O"CI'l .-I.-Icocor- <0 .-I .... ... E-t .-t ..., III ..., N i<CO<i<C -o:l:l; HHHO< ~C1l0X CCCI-< Uo:CH!j Q=-..:lE-t~ ~~~ 0 u~ III 11:1 11:1 11:1 ~ I-< ~ I>l E-t IOE-tOr&l Cf.lr&l VVA ~~'!JIl<l>:..:l Cf.l It.lA~ iil~8~ filC1lIllClllJ2 ~u8 ~~~~rL~~I>l~ ;E-t;E-t~~~~~~ ~l!J:.'ll!J~$~~~B ~p:..:l"O::!CJPHI&l t.lCJu~O~'O:(f)1Xl1ll o .-tNM...IllIOr-<lQ<J\.-l I::Ja>I.l 10 <J\ N co . . ..., CI'l .... II) <J\ I.'l .. .. '" .. 10 10 11:1 .. ... ... C <J\ N . o ... r- \Q ..., d\ .. , l"l 0 t"- .-t 10 .. .-I ev:Sl 966l-6e-9n~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ J OA TE: September 3. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, ~l Engineering ITEM NO. Award Bid/96-8/Miscellaneous Bituminous 'Park Trails q, The City Council is requested to approve the resolution accepting bids and awarding the contract to W.B. Miller, Inc. in the amount of $105,357.50 for Project 96-8, miscellaneous bituminous park trails. The bids received are as follows: I Contractor W.B. Miller, Inc. Expert Asphalt Lan Dar, Inc. Alber Asphalt Co. Base Bid Amount $105,357.50 $113,380.50 $121,520.00 $122,857.50 Alternate Bid Amount $48,285.00 $61,438.25 $50,348.00 $55,798.25 The Park and Recreation Commission reviewed this item at a special meeting held on August 28, 1996. The Park and Recreation Commission has recommended award of the contract with the stipulation that only a portion of Prairie Knoll Park will receive an aglime trail. The funding for this project will be from a combination of CDBG and park dedication funds. \ , / \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 96-8 FOR MISCELLANEOUS BITUMINOUS PARK TRAILS WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 135-96 ,dated July 16 , 1996, bids were received, opened and tabulated according to law with results as follows: Base Bid $105,357.50 $113,380.50 $121,520.00 $122,857.50 W.B. Miller, Inc. Expert Asphalt Lan Dar, Inc. Alber Asphalt Co. Alternate Bid $48,285.00 $61,438.25 $50,348.00 $55,798.25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate W.8. Miller. Inc. as being the apparent low bidder. / BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with W.B. Miller Inc. in the amount of $1 05.357.50 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member City Council at a regular meeting this 3rd Councilmembers the resolution, and Councilmembers and adopted by the day of September ,19~, with voting in favor of voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: \ ) J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) OA TE: September 3. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, &t Engineering ITEM NO. ~O~n Creek Watershed DistricU1997 Budget Attached is the Coon Creek Watershed District 1997 Budget for City Council review. If the Council has any questions regarding the budget, we will forward them to the Coon Creek Watershed District. , I I ) MEMORANDUM DATE: August 20, 1996 nECEIVE.D TO: CAC TAC AUG 2 1 1996 FROM: Tim Kelly CITY OF AI\lOOVER RE: Draft 1997 Budget cc: File 3-3-96-5 '\ At the August 12 Board meeting the Managers reviewed a 1 st draft 1997 budget. At that time the Board made changes to the budget and forwarded the draft budget for advisory committee review. Attached is a copy of the revised Draft 1997 Budget for your review and comment. Comments may be made: 1. To staff in writing, by calling 755-0975, Faxing 755-0283, or 2. By attending either The next Board meeting (August 26) The budget hearing (September 9). J On August 26 the Board will review the budget with the goal of approving a budget for public notice and hearing. In that respect it would be nice to receive comments by or at the August 26 Board meeting. I will also be available Friday 8/23/96 from 9 AM to 11 AM at the District office to meet with anyone interested in reviewing the budget in more detail. If you have any questions or concerns please do not hesitate to call (755-0975). .. j //I'fl1 /~ COON CREEK WATERSHED DISTRICT DRAFT 1997 BUDGET SUMMARY The 1997 DRAFT Budget is $448,393. This represents a 17% increase in the budget from 1996. A general property tax levy of$227,320 is proposed. This represents a -2% decrease in the amount levied in 1996. On July 8, 1996 the board adopted the following budget assumptions and factors for the 1997 budget Current Level Salaries & Merit PERA FICA InsurancelEmployee 2.00% 3.00% 4.48% 7.65% 4,000 A summary of the budget is as follows. pages. Revenues Property Taxes HACA & Special Assessments Fees & Charges Other Revenue i Total Expenditures Salaries & Wages Benefits Professional Services Travel Training Operating Expenses Other Program Costs Capital Equipment TOTAL Budget details are provided in the last three 227,320 49,518 37,307 134,249 $ 448,393 136,520 28,560 77,751 3,144 923 34,472 166,523 500 $ 448,393 51% 11% 8%' 30% 100% 30% 6% 17% 1% 0% 8% 37% 0% 100% ISSUES/CONCERNS 1. Chanl!:es l!:reaterlless than Assumptions: Revenues: Two changes are proposed that vary from the budget assumptions adopted by the Board on July 8, 1996 1. Property Taxes: (Metropolitan Water Management Act Levy- MWMA) are decreased $4,587 (2%). 2. Other Revenue: (Fund Balances) are increased by $ 68,759 (96%) to utilize accumulated funds. P 2 of 12 \ \ \ \ \ \ \ ) Expenditures: Five changes are proposed that vary from the budget assumptions: Salaries and Wages: A $ 20,248 (33%) increase is requested. This increase involves 1. Salaries: A $20,748 increase in salaries to make the secretary position full time. 2. Special Per Diem: A $500 decrease in special per diems to more closely reflect actual expenditures Benefits: A $6,456 ( 54%) increase is proposed: to account for: 3. Health Insurance: A $4,000 increase is proposed to account for shortages in the current health insurance budget arising from the new contract administered by Anoka County and the full time secretary. 4. FICN A $1,549 increase for the new secretary position 5. Retirement-PERA: A $907 increase for the new secretary position 2. Other PrOl!ram Costs & Proiects: Detailed project request forms are attached: Repair: $2,740 is proposed for a cleaning of the lower 2,600 feet of Ditch 57-2 in Ham Lake '\ J Construction & Rehab.: $100,000 is proposed for bank stabilization Other Program Costs: $56,250 is proposed to be divided among four projects: I 2 3 4 Ditch 37 Storm Water Utility Ditch 59-1 Storm Water Utility TR -20 Model Update Wetland Bank 19,485 6,765 20,000 10,000 $ 56,250 3. Canital Eouinment: Three capital items are being requested to support the secretary: 1. Office Equipment: Desk Chair 200 150 $ 350 2. Telecommunications Phone (2-line) $ 150 \ \) \ / '\ ) '\ \) P 3 of 12 CHANGE REQUEST Request Name: Full Time Secretary Potential Cost: $ 27,204 Description of ProblemlIssue: At present staff spends approximately 20% of its time performing tasks which are simple defined and structured enough and/or clerical in nature. In addition, permit volume and complexity continue to increase in due to development of less easily developed sites, and the increase in the mix, integration and intensity ofland uses. Need: Support staff is needed to provide assistance in the areas of public and government relations, word processlng, book keeping filing, record keeping and special assessment calculation and collection. Objectives: 1. Provide assistance in carrying out approved policies and plans of the District 2. Assist in processing and managing plans, permits, files and reports that relate to the District' regulations and permit processes. 3. Assist in the planning and prioritizing of District plans, programs and budgets 4. Assist in coordinating the public affairs and participation aspects of District projects 5. Assist in responding to the needs and concerns of an informed public Estimated Project Costs: Salary $ 20,748 Insurance 4,000 FICA 1,549 PERA 907 $ 27,204 ) \ ) \ , ) P 4 of 12 PROJECT PROPOSAL Priority: 1 Project Name: Ditch 57-2 Maintenance Potential Cost: $2,470 Location & Scope: Ham Lake, Section 20 & 31 Description of ProblemlIssue: In 1995 the property northwest ofTH 65 and Andover Bid was developed. The development has occurred incrementally to the point that District staffhave contacted the City and the owners and indicated that a grading, drainage and storm water plan needs'to be prepared for the area. These properties drain into ditch 57-2 north of Andover Bid. Also in 1995 Anoka County highways replaced the 57-2 culvert under Andover Bid. In June, 1996 the District received a call from Henry Janisch who lives north of Rapid Sport indicating that his property is getting wetter. Ditch 57 was constructed in 1917. District records do not clearly show when, or if ditch 57-2 was last maintained. Extensive wetland exist north of Andover Bid. These wetlands appear to have been in existence for more than 25 years. Need: Maintain ditch 57-2 to alleviate up stream flooding, but perform work in a manner that maximizes existing exemption and minimized the need for wetland mitigation Project Objectives: 1. Detenrune the nature and scope of flooding 2. Clarify scope of wetland in existence for 25 years 3. Assess potential impacts on wetlands and potential mitigation needs 4. Scope and organize project Estimated Project Costs: 2,600 Ft 0.95 Avg CostlFt $ 2,470 Funding Source: Existing Fund Balance P 5 of 12 ) PROJECT PROPOSAL Priority: 2 Project Name: Bank Stabilization Fund Potential Cost: $100,000 Location & Scope: District wide Description of ProblemlIssue: During the past year the District has received an increasing number of calls and inquiries for home owners adjacent to the ditch that the ditch bank is eroding. Need: A policy, method and fund for addressing these problems. The fund would provide money which could be used to fund out right or cost share on bank stabilization projects. The method would be a systematic approach to assessing the cause(s) remedies and costs for repair of the bank. The policy would provide the guidance for the staff and Board to respond to and act in a consistent and equitable manner given similar circumstances. / Project Objectives: 1. Estimate the scope and cost of the problem 2. Develop a simple and replicative tool and method for assess if the causes and remedies of a given problem 3. Develop a policy which is situationalIy based which guides the District position on funding different bank erosion problems 4. Establish a line item in the budget for such work Estimated Project Costs: By Board motion Funding Source: Existing Fund Balance \ ) P 6 of 12 ) PROJECT PROPOSAL Priority: 3 Project Name: Ditch 37 Stonn Water Utility Potential Cost: $19,485 Location & Scope: Andover, Sections 14, 15, 16, 17,21,22,23,28. Ditch 37 watershed (2,598 acres; Approx 4.06 square miles). Description of Problem/Issue: This subwatershed represents one of the areas that best exemplified the need for the drainage sensitive uses policy. The lower half of the watershed is characterized by agricultural land on organic soils and very low gradients. The upper half is characterized by large wetland complexes, most of which are state protected waters, many of which are of extremely high quality. This portion of the watershed also contains significant upland which has recently been included in the MUSA line for the city of Andover. The basic issues here address stonn water, potential flooding, and management of high quality wetland resources. \ ) Need: A management scheme which provides for stonn water discharge but does so in a manner that resolves any inconveniences to existing agricultural use and protects the high quality resources in the area. Project Objectives: 1. Revise/refine hydrologic model for ditch 37 2. Identify properties within the watershed as to owner, size and hydrologic character 3. Identify condition and needs of all conveyance systems and ponding and retention systems within the watershed. 4. Detennine capital and maintenance project needs 5. Detennine cost effectiveness of establishing a utility Estimated Project Costs: 2,598 Acres $ 7.50 Cost/acre $ 19,485 Funding Source: Existing Fund Balance \ ) P 7 of 12 ) PROJECT PROPOSAL Priority: 4 Project Name: Ditch 59-1 Stormwater Utility Potential Cost: $6,765 Location & Scope: Ham Lake, Sections 31 & 32. Ditch 59-1 watershed (Approximately 902.4 acres; 1.41 square miles) Description of ProblemlIssue: This subwatershed drains an area south of Coon Creek and east ofTH 65 and includes the area identified by the City of Ham Lake as including a ditch system, whose maintenance responsibilities the City would like the District to assume. It also includes an area immediately adjacent to TH 65 which is zoned commercial, contains wetlands and where the current ditch alignment is inconvenient for systematic development and conveyance of water. Need: 1. Ditch 59-1 realignment ( or it will be incrementally realigned) 2. A management scheme-which provides for storm water maintenance / Project Objectives: 1. Revise/refine hydrologic model for ditch 59-1 2. Identify properties within the watershed as to owner, size and hydrologic character 3. Identify condition and needs of all conveyance systems and ponding and retention systems within the watershed. 4. Determine capital and maintenance project needs 5. Determine cost effectiveness of establishing a utility Estimated Project Costs: 902 Acres $ 7.50 Cost/acre $ 6,765 Funding Source: Existing Fund Balance ) P 8 of 12 \ , J PROJECT PROPOSAL Priority: 5 Project Name: Update TR-20 Model Potential Cost: $20,000 Location & Scope: District Description of Problem lIs sue: The basic hydrology of the District is modeled using TR- 20. The basic data driving that model was developed in 1980. The watershed has experienced significant changes since that time. . In addition the model is not consistent within itself and does not compute accurate flood elevation for locations higher in the District (e.g. northern Andover, all of Ham Lake, Blaine east ofRadisson Rd). In 1995 Staff proposed a study of flood elevations within the District. Need: More accurate predictive abilities and high confidence in sizing road crossing and proving 100 yr flood elevations. / Project Objectives: 1. Update road crossing geometry 2. Update land use information 3. Calibrate to buildout conditions Estimated Project Costs: Assumptions: 1. There is sufficient accurate information on file as to geometry and pipe sizes. 60,160 Acres $ 0.34 Cost/acre $ 20,454 Funding Source: Existing Fund Balance \ '. ) P 9 of 12 , , ) 1997 PROJECT PROPOSAL Priority: 6 Project Name: Wetland Bank .,f/o c.>e>';> Potential Cost: ~ Location & Scope: Andover, Blaine (Other cities if they wish) Description of ProblemlIssue: In 1993/94 Staff explored the interest in establishing a wetland bank(s) in the District. At that time the District noted that it would not pursue! bank but if conditions changed it would pursue such an effort in conjunction with interested cities for mitigation within their respective cities. With the amendments to the WCA, it is becoming ever more prudent, and essential to establish a wetland mitigation bank. Need: To achieve no-net loss, keep the wetland acreages such that the District will remain qualified as a 60-80% County, and provide for high quality resources wetland banks need to be established in conjunction with permanent open space. / Project Objectives: 1. Conduct a survey of the District for effectively drained hydric soils/wetlands 2. Verify the hydrologic condition of these lands 3. Coordinate with cities as to location, ownership, willingness of owner and cost Estimated Project Costs: 10 Acres $ 5,000 Cost/acre $ 50,000 Funding Source: Existing Fund Balance " / ? /() Revenues / Pepared 1995 1996 1996 1997 Requested 1997 Pet 8120/968:41 Actual Budget Projected Current Changes Request Budget Property Taxes Administrative Levy 200,000 200,000 200,000 200,000 200,000 45% Insurance Levy 7,035 7,176 7,176 7,320 7,320 2% MWMA Levy 210,813 24,105 24,105 24,587 (4,587) 20,000 4% Survey & Data Levy - - - - 0% Maintenance Levy 30,000 - - - 0% Total Property Taxes 447,848 231,281 231,281 231,907 (4,587)1 227,320 51% Change -48%1 0% 0% 1 -2% HACA & Special Assessments HACA 43,825 46,456 46,456 49,518 49,518 11% Bond Levy - - - - - 0% Sp LeQislation levv - - - - - 0% Total HACA & Sp Ass. 43,825 46,456 46,456 49,518 - 49,518 11% Change . 6% 0% 7% 7% Fees & Charges Permit Fees 760 1,020 950 969 969 0% Review Fees 17,100 2,550 24,225 24,710 24,710 6% Inspection Fees 11,400 10,200 11,400 11.628 11,628 3% Total Fees 29,260 13,770 I 36,575 37,307 - 37,307 8% Change -53% 166% 2% 2% Other Revenue Interest Income 15,450 15,000 15,000 15,300 15,300 3% Grants 11,250 19,000 19,000 15,000 15,000 3% Fund Balances 31,789 34,500 34,500 35,190 68,759 103,949 23% Total Other Revenue 58,489 68,500 68,500 65,490 68,759 134,249 30% Change 17% 0% -4% 96% TOTAL REVENUE $ 579,422 $ 360,007 $ 382,812 $ 384,221 $ 64,172 448,393 100% Change -38% 6% 0% 17% , / " \ ) Page 1 ?II Expenditures / Pepared 1995 1996 1996 1997 Requested 1997 pct 8120/96 8:41 Actual Budget Projected Current Changes Request Budget Salaries & Wages Per Diem Board of Mgrs 6,000 6,000 5,400 6,600 6,600 1% Salaries 89,949 97,089 96,118 108,172 20,748 128,920 29% Special Per Diem 1,500 1,500 855 1,500 (500) 1,000 I 0% Total Salaries & Wages 97,449 104,589 102,373 116,272 20,248 136,520 30% Change 7%1 -2% 14% 33% Employee Benefits Health Insur 3,457 3,526 6,171 8,000 4,000 12,000 3% FICA 7,455 8.030 8,030 8,895 1,549 10,444 2% Retirement-PERA 3,006 3,992 4,351 5.209 907 6,116 1% Total Employee Benefits 13,918 15,548 18,552 22,104 6,456 28,560 6% Change 12% 19% 19% 54% Professional Services I Accounting - 2,500 2,500 2,550 2,550 1% Audit & Financial 4,818 5,062 5,062 5,163 5,163 1% Legal 29,940 31,455 23,591 24,063 24,063 5% EnQineeriM 26,814 28.171 45.074 45.975 45,975 10% Total Prof. Services 61,572 67,188 76,227 77,751 - 71,751 17% Change 9% 13% 2% 2% Travel Mileage 2,334 2,381 2,143 2,186 2,186 0% Meals & Lodging 845 862 862 879 879 0% ParkinQ 48 77 77 79 79 0% Total Travel 3,227 3,320 3,082 3,144 - 3,144 1% Change 3% -7% 2% 2% Training Conferences & Seminars 887 905 905 923 923 0% Change 2% 0% 2% 2% Operating Expenses Telephone 1,854 2,156 2,156 2,199 2,199 0% Postage 933 476 476 486 486 0% Printing & Reproduction 1,055 1,076 807 823 823 0% Publications 115 117 117 119 119 0% Advertising 338 345 173 176 176 0% Repairs & Maint Off Equip 268 273 273 278 278 0% Rent 7,307 7,453 7,080 7,222 7,222 2% Dues & Subscriptions 2,245 2,290 2,290 2,336 2,336 1% Building Maint 6,958 7,097 5,323 5,429 5,429 1% Bank Charges 127 130 65 I 66 66 0% Office Supplies 1,097 1,119 1,119 1,141 1,141 0% Insurance 7,305 7,451 7,451 7,600 7,600 2% Office Equip Rental 4,759 4,627 4,627 4,720 4,720 1% Misc & Contingencies 1,803 I 1,839 1.839 1,876 1,876 0% Total Operating Expenses I 36,164 36,449 i 33,796 34,472 I - , 34,472 i 8% Change I 1%1 -7% 2% 2%' ! , I } / \ /' Page 3 ? /z Expenditures >- Other Program Costs Routine Maintenance 9,000 9,000 7,650 7,803 7,803 2% Repair 221,200 89,600 89,600 - 2,470 2,470 1% Construction & Rehab. 10,000 10,000 10,000 - 100,000 100,000 22% Monitoring 17,000 24,500 24,500 - - 0% Other Program Costs 31,000 . - - - 56,250 56.250 13% Total Program Costs 288,200 133,100 131,750 7,803 158,720 I 166,523 37% Change -54% -1% -94% 26% Capital Equipment Office Equipment 250 825 825 - 350 350 0% Software - 450 450 - - 0% Data Processing 4,057 1,200 1,200 - - 0% Telecommunications - - - - 150 150 0% Monitoring & Field - - - - - 0% Total Capital Equipment 4,307 2,475 2.475 - 500 500 0% Change , -43% 0% -100% -80% TOTAL 505,724 363,574 369,159 262,469 185,924 448,393 100% Change -28% 2% -29% 21%\ , /' " Page 4 uOl1OH'l\J1lW ~R~1 J} , Al:)J:I:l~S 'otOZ -ttt @ UOlloll 'l\,.l'CWIO U\"tn lQjlllU:l! 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