HomeMy WebLinkAboutCC - April 17, 2012L,4DOVEA
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
Regular City Council Meeting — Tuesday, April 17, 2012
Call to Order — 7:00 p.m.
Pledge of Allegiance
Proclamation - Arbor Day
Resident Forum
Agenda Approval
1. Approval of Minutes (4/3/12 Regular; 4/3/12 Closed)
Consent Items
2. Approve Payment of Claims — Finance
3. Approve Grant Agreement/12- 19/Martin's Meadows Improvements — Engineering
4. Accept Donation/Sophie's Park — Engineering
5. Accept Plan for Dugouts /Sunshine Park Ball Fields — Engineering
6. Approve Easements /11 -10 /South Coon Creek Drive NW Reconstruction — Engineering
7. Accept 2012 -2014 DNR Forest Bonding Grant/12 -24 - Engineering.
8. Award Bid/12 -2a, 12 -2b, 12 -2c (2012 Street Reconstruction), 12 -8 (2012 Curb, Sidewalk & Pedestrian
Ramp Repairs) & 12 -13 (Sunshine Park Parking Lot Expansion West Side Phase 3) — Engineering
9. Outdoor Event Date Change /Tanners Station — Administration
Discussion Items
10. Anoka County Sheriff's Office Monthly Report — Sheriff
11. Consider Conditional Use Permit — Commercial Animal Training Facility — 3131 161" Avenue NW -
Planning
12. Consider Conditional Use Permit — Temporary Storage of Fill — 16563 Hanson Boulevard NW - Planning
13. Consider Conditional Use Permit — Used Vehicles Sales/Parking Lot Expansion — 3138 162nd Lane NW -
Planning
Staff Items
14. Administrator's Report —Administration
Mayor /Council Input
Adjournment
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4W-V
CITY OF ANDOVER
PROCLAMATION
Arbor Day
WHEREAS, the City of Andover realizes the many benefits trees
have to offer; and
WHEREAS, trees beautify our environment, provide shade, provide
oxygen to the air, filter storm water, prevent erosion, provide habitat for
wildlife and help conserve energy; and
WHEREAS, the City of Andover understands the importance of
planting trees; and encourages those that reside in the City to plant them.
NOW THEREFORE, BE IT PROCLAIMED that Friday, April 27,
2012 is Arbor Day in Minnesota.
91lichae[R- Gamache, .Mayor
City ofAndover
4W-V
A,Lb6W^(D
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Approval of Minutes
DATE: April 17, 2012
INTRODUCTION
The following minutes were provided by TimeSaver, reviewed by Administration and
submitted for City Council approval:
April 3, 2012 Regular
April 3, 2012 Closed
DISCUSSION
The minutes are attached for your review.
ACTION REQUIRED
The City Council is requested to approve the above minutes.
l Respectfully submitted,
�' I�
Michelle Hartner
Deputy City Clerk
Attach: Minutes
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REGULAR ANDOVER CITY COUNCIL MEETING —APRIL 312012
MINUTES
The Regular Bi- Monthly Meeting of the Andover City
Gamache, April 3, 2012, 7:00 p.m., at the Andover
Andover, Minnesota.
Councilmembers present:
Councilmember absent:
Also present:
PLEDGE OF
RESIDENT
No one
City Administraf
opening date was
Motion by Councilmember
presented. Motion carried
APPROVAL OFMINUTES
Mike Knight, Sheri Bukkila, Julie
None.
City Administrator, Jim Dickinspi
City Engineer /Public Works Dzree
City Attorney, Scott Baumgartner
Pas called to order by Mayor Mike
1685 Crosstown Boulevard NW,
David
Tony Howard
there was an updated resolution for Consent Item 4. The bid
Seconded by Councilmember Bukkila, to approve the Agenda as
March 20, 2012 Regular City Council Meeting
Councilmember Trude stated on page 3, line 21, the word "attended" should be inserted between
"recently" and "training ".
Councilmember Trude stated on page 6, line 5, the last word should be "Anoka."
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Regular Andover City Council Meeting
Minutes —April 3, 2012
Page 2
Councilmember Trade stated on page 6, line 25, the word "lined" should be replaced with "linked."
Motion by Councilmember Trade, Seconded by Councilmember Knight to approve the March 20,
2012 Regular City Council Meeting minutes as amended. The motion carried unanimously.
March 27, 2012 City Council Workshop Meeting
Motion by Councilmember Trade, Seconded by Councilmember Howard to approve the March 27,
2012 City Council Workshop Meeting minutes as presented. The motion carried unanimously.
CONSENT ITEMS
Item 2 Approve Payment of Claims.
Item 3 Approve Declaration of Encroachment Easement Condition and Covenants /11-
10 /South Coon Creek Drive NW Reconstruction.
Item 4 Approve Plans and Specs /Order Advertisement for Bids /11 -10 /South Coon Creek
Drive NW. (See Resolution R036 -12)
Item 5 Approve Plans and Specs /Order Advertisement for Bids /11- 40/133`d Avenue NW
Reconstruction. (See Resolution R037 -12)
Item 6 Award Quote /11- 48/Well 6 /Sand Issues.
Item 7 Approve Agreement for Residential Recycling Program with Anoka County.
Item 8 Amend Fee Ordinance /Developer Installed Improvements. (See Ordinance 418)
Item 9 Approve Pilot Project — City Fee Collection for Private Installed Improvements.
Item 10 Approve Application for Exempt Permit/Andover Lions Club.
Motion by Councilmember Trade, Seconded by Councilmember Bukkila, for approval of the
Consent Agenda as presented. Motion carried unanimously.
DISCUSS /APPROVE 2013 BUDGET DEVELOPMENT GUIDELINES
City Administrator Dickinson outlined the proposed guidelines as 1.) A commitment to a City Tax
Capacity Rate to meet the needs of the organization and positioning the City for long -term
competitiveness through the use of sustainable revenue sources and operational efficiencies, 2.)
Continue with the current procurement and financial plan to appropriately expend the bond proceeds
generated from the successful 2006 Open Space Referendum, 3.) A fiscal goal that works toward
establishing the General Fund balance for working capital at no less than 45% of planned 2013
General Fund expenditures and the preservation of emergency fund balances through targeting
revenue enhancements or expenditure limitations in the 2012 adopted General Fund budget, 4.) A
commitment to limit the 2013 debt levy to no more than 20% of the gross tax levy and a commitment
to a detailed City debt analysis to take advantage of alternative financing consistent with the City's
adopted Debt Policy, 5.) A comprehensive review of the condition of capital equipment to ensure
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Regular Andover City Council Meeting
Minutes —April 3, 2012
Page 3
that the most cost effective replacement schedule if followed, equipment will be replaced on the
basis of a cost benefit analysis rather than a year based replacement schedule, 6.) A team approach
that encourages strategic planning to meet immediate and long term operational, staffing,
infrastructure and facility needs, and 7.) A management philosophy that actively supports the funding
and implementation of Council policies and goals, and a commitment to being responsive to
changing community conditions, concerns, and demands, and to do so in a cost effective manner.
Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to approve the proposed
Budget Development guidelines for developing the 2013 Annual Operating Budget. The motion
carried unanimously.
SCHEDULE APRIL EDA MEETING
Motion by Councilmember Trude, Seconded by Councilmember Howard to schedule an EDA
Meeting at 6:00 p.m. before the April 17, 2012 City Council Meeting. The motion carried
unanimously.
SCHEDULE MAY CITY COUNCIL WORKSHOP
Motion by Councilmember Bukkila, Seconded by Councilmember Howard to schedule a May
City Council Workshop for May 22, 2012 at 6:00 p.m. The motion carried unanimously.
ADMINISTRATOR'S REPORT
City Administrator Dickinson updated the City Council and the residents regarding
administration and city department activities, legislative activities, development and CIP
projects, and upcoming meetings and community events including an update of Arbor Oaks by
Trident Development, the Wal -Mart proposal, Parkside at Andover Station, and future platting
activities. He stated the EDA would be processing the Parkside at Andover Station sale. The
Wal -Mart public hearing that will be held by the Planning Commission will likely be in May or
June. Wal -Mart had been asked to provide additional information as part of the application
process. He also stated upcoming meetings and community events, on April 12th the Board of
Review, April 17th City Council and EDA meetings, April 21" Hawkridge Park Grand Opening,
and April 24th the City Council workshop. He stated he had talked with State Representatives
and Senators and invited them to provide legislative updates for the Council. He stated there was
good attendance at the Beyond the Yellow Ribbon presentation. Recycling Day in Andover
would be on April 28th and the Andover Pet Clinic will be held on May 501 from 9:00 a.m. to
12:00 p.m. He also reminded residents to keep their cars and doors locked. A common theme in
the Sheriff's Incident Report for thefts is unlocked cars, unlocked doors, and items left in plain
site.
City Engineer Berkowitz reminded residents to be safe and drive slow in construction areas. He
stated the major road projects in Andover that would affect residents this year would be the
reconstruction of South Coon Creek Drive and the reconstruction of 133 "d Avenue. He stated the
Regular Andover City Council Meeting
Minutes —April 3, 2012
Page 4
bids for the South Coon Creek Drive project have been delayed due to a State review for use of
State Aid Funds.
Councilmember Bukkila asked when the deadline for residents to sign up for community gardens
was and when the remaining plots would be available for the public.
7 City Engineer Berkowitz stated there were two (2) to three (3) plots remaining. He is not sure
8 when the remaining plots would be made available to the public and recommended anyone
9 interested to call City Hall for information.
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11 Councilmember Knight recognized Federal Cartridge for their donation of $5,000 towards City
12 bleacher upgrades at Hawkridge Park.
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14 Councilmember Howard stated there have been utility vans and trucks on the trails. He asked if
15 staff had been aware of this and if this would damage the trails.
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17 City Engineer Berkowitz stated the City has a right -of -way permit for utilities to be on the trails
18 in order to do maintenance work.
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20 MAYOR/COUNCIL INPUT
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22 (Anoka County Voting Equipment Task Force) Councilmember Trude stated she is part of the
23 Anoka County Voting Equipment Task Force. She expressed concerns about the possible cost
24 allocation being discussed at this time. The equipment would not be purchased until next year
25 and the County is proposing to pay half and each city would pay based on their percentage of
26 population. Andover's portion is estimated at $60,500 to $80,600. The County wants to set this
27 up like a lease agreement program where they purchase the equipment and the cities pay them an
28 annual rate plus an additional 10% annually to manage equipment. She asked Council if they
29 would like her and City Administrator Dickinson to work on the financial side of this. She stated
30 she is concerned about having only one representative from each city working on something that
31 would impact the budget and the community. The Task Force is expected to come up with
32 something for the County Board and if they adopt it then it would come to the City for approval.
33 She believes the proposal should be presented to the City's prior to going to the Board and she
34 would like to present this view to the Task Force.
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36 City Administrator Dickinson stated if the County starts allocating the cost and not allowing
37 cities the opportunity to put it in as part of the City's bonding program or debt program then the
38 City may be limited, in particular if levy limits are in place. This could impact the City's annual
39 budget if the only option is the operating budget. The City wants to be sure the County is
40 cognizant of this. He has asked this item to be an agenda item for the monthly Anoka County
41 Administrator /Manager meeting. All the Administrators and Managers for Anoka County and its
42 cities are generally present and will have an opportunity to discuss this topic.
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Regular Andover City Council Meeting
Minutes —April 3, 2012
Page 5
Mayor Gamache asked why they were not working directly with the cities and why the City is not
purchasing their own equipment.
City Administrator Dickinson stated historically the County has directed the type of equipment
that will be purchased.
7 Councilmember Trude stated the County believes there will be some advantage by purchasing all
8 the equipment at one time but the City may not want the County to finance something on their
9 behalf. This is leading to a Joint Powers Agreement that needs to be negotiated. There is one
10 that will be expiring. There is a change in division of duties and the County is taking more
11 oversight on elections.
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13 Councilmember Bukkila recommended staff do what is in the best interest of the City. The
14 County does not need to have the oversight because the City's staff can be trained to run the
15 equipment. She does not agree with the County profiting from the purchase or management of
16 the equipment.
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18 Councilmember Knight asked how things would be impacted if the proposed bill is passed
19 regarding photo identification for voters.
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21 Councilmember Trude stated there could be more costs incurred because of increase training for
22 judges, and potential technology changes for the equipment. She clarified the equipment being
23 discussed at this time is for counting ballots.
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25 Mayor Gamache clarified City Administrator Dickinson would be working with other
26 Administrators and City Managers on this issue.
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28 Councilmember Trude stated on behalf of the Council she would inform the Task Force that the
29 Council is most comfortable having staff negotiate directly with the County's financial staff
30 when it comes to financial agreements and potential Joint Powers Agreements.
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32 (Beyond the Yellow Ribbon Program) Mayor Gamache, Councilmember Bukkila, and
33 Councilmember Knight had attended the Beyond the Yellow Ribbon presentation. The
34 presentation included discussions on volunteer opportunities and how the City could get
35 involved. The program is looking for volunteers to be mentors or help service members and their
36 families with job searches, referrals for repairs and other needs that may arise.
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38 Councilmember Bukkila explained the organization is looking for businesses to partner with that
39 would be able to provide mentors or volunteers to help service members return to work after
40 deployment. These might also include businesses willing to provide services to service members
41 that may not otherwise be able to afford.
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43 Mayor Gamache asked how the City would be involved in this project.
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Regular Andover City Council Meeting
Minutes — April 3, 2012
Page 6
City Administrator Dickinson stated he would discuss this with Community Development
Director Carlberg. The City could use the website to request volunteers. Staff will need to have
additional discussions with the National Guard about their needs as well. The City wants to
work with the Anoka County Veterans Services but the City does not want to be seen as the
provider of services.
Councilmember Trude suggested some services that organizations may be able to donate or
volunteer for include lawn mowing, shoveling, or babysitting.
Councilmember Bukkila stated this project is more of a social service effort and getting people
connected.
Councilmember Howard asked who the contact person would be for those people interested in
volunteering.
City Administrator Dickinson stated residents could contact Community Development Director
Carlberg or himself at City Hall.
(Recycling Day) Mayor Gamache asked if there would be document shredding available at the
Recycling Day scheduled for April 28h.
City Administrator Dickinson stated he is not sure.
(City Wide Garage Sale) Mayor Gamache stated the City Wide Garage Sale would be May 17th
to May 19"'. There is a registration form in the last newsletter.
Mayor Gamache recessed the regular City Council meeting at 7:26 p.m. to a closed session of the
City Council to discuss property acquisition negotiations for PID #29- 32 -24 -44 -0022, and the
Public Works Union negotiations.
The City Council reconvened at 8:06 p.m.
ADJOURNMENT
Motion by Councilmember Howard, Seconded by Councilmember Knight, to adjourn. Motion
carried unanimously. The meeting adjourned at 8:07 p.m.
Respectfully submitted,
Tina Borg, Recording Secretary
Regular Andover City Council Meeting
Minutes —April 3, 2012
Page 7
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — APRIL 3, 2012
TABLE OF CONTENTS
PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1
RESIDENTFORUM ....................................................................................... ............................... 1
AGENDAAPPROVAL ................................................................................... ............................... 1
APPROVALOF MINUTES ............................................................................ ............................... 1
CONSENTITEMS .......................................................................................... ............................... 2
Item 2 Approve Payment of Claims .......................................................... ............................... 2
Item 3 Approve Declaration of Encroachment Easement Condition and Covenants /11-
10 /South Coon Creek Drive NW Reconstruction ................................ ............................... 2
Item 4 Approve Plans and Specs /Order Advertisement for Bids /11 -10 /South Coon Creek
Drive NW (See Resolution R036- 12) .................................................. ............................... 2
Item 5 Approve Plans and Specs /Order Advertisement for Bids /11- 40/133`d Avenue NW
Reconstruction (See Resolution R037- 12) ........................................... ............................... 2
Item 6 Award Quote /11- 48/Well 6 /Sand Issues ....................................... ............................... 2
Item 7 Approve Agreement for Residential Recycling Program with Anoka County ............. 2
Item 8 Amend Fee Ordinance /Developer Installed Improvements (See Ordinance 418) ........ 2.
Item 9 Approve Pilot Project — City Fee Collection for Private Installed Improvements....... 2
Item 10 Approve Application for Exempt Permit /Andover Lions Club ..... ............................... 2
DISCUSS /APPROVE 2013 BUDGET DEVELOPMENT GUIDELINES ..... ............................... 2
SCHEDULE APRIL EDA MEETING ............................................................ ............................... 3
SCHEDULE MAY CITY COUNCIL WORKSHOP ...................................... ............................... 3
ADMINISTRATOR'S REPORT ..................................................................... ............................... 3
MAYOR/COUNCIL INPUT ........................................................................... ............................... 4
(Anoka County Voting Equipment Task Force) .......................................... ............................... 4
(Beyond the Yellow Ribbon Program) ........................................................ ............................... 5
(Recycling Day) ........................................................................................... ............................... 6
(City Wide Garage Sale) .............................................................................. ............................... 6
ADJOURNMENT............................................................................................ ............................... 6
ANDOVEA
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator / Finance Directc
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Payment of Claims
DATE: April 17, 2012
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $163,453.13 on disbursement edit list #1- 5 from 03/30/12 — 04/12/12 have been issued and
released.
Claims totaling $150,282.05 on disbursement edit list #6 dated 04/17/12 will be issued and released upon
approval.
BUDGET IMPACT
The edit lists consist of routine payments with expenses being charged to various department budgets and
projects.
ACTION REQUESTED
The Andover City Council is requested to approve total claims in the amount of $313,735.18. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
V -?Jv"4�e
Lee Brezinka
Attachments: Edit Lists
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0 CITY OF o. -Y•
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
To: Mayor and Council Members
CC: Jim Dickinson, City Administrator
David Berkowitz, Director of Public ork City Engineer
From: Kameron Kytonen, Natural Resources Technician
D
Subject: Approve Grant Agreement/12- 19/Martin's Meadows Improvements -
Engineering
Date: April 17, 2012
INTRODUCTION
The City Council is requested to accept and approve a grant agreement with the non - profit
organization, Great River Greening (GRG), to help fund habitat improvement efforts at
Martin's Meadows. GRG works with government agencies to acquire grants and complete
these types of projects. Funding for this project is provided by the Minnesota Environment
and Natural Resources Trust Fund as recommended by the Legislative- Citizen Commission
on Minnesota Resources (LCCMR) through GRG's membership in the Metro Conservation
Corridors Partnership.
DISCUSSION
There are many parts of the open space property, Martin's Meadows, that would benefit from
management. Invasive species like buckthorn threaten the integrity of the property. Thus, by
taking appropriate measures, these invasives can be knocked back and additional planting of
indigenous plant material can occur. The project will focus on removal and treatment of
buckthorn, prairie restoration and slope stabilization and enhancement of the "scenic
overlook" area of the property.
BUDGET IMPACT
GRG will contribute $20,000 to this project. The City will contribute a cash match of $5,000
and contribute in -kind services consisting of staff time and equipment usage. This money
will be used for management activities, plant material and project coordination.
ACTION REQUESTED
It is requested that City Council approve the grant agreement with GRG.
Respectfully submitted,
mameron Kyto n
Natural Resources Technician
Attach: Grant agreement
AGREEMENT BETWEEN THE CITY OF ANDOVER AND GREAT RIVER GREENING
Parties. This AGREEMENT governs the rights and responsibilities of Great River Greening (hereafter
referred to as Greening) and the Contracting Party (hereafter referred to as City of Andover), where Great
River Greening has been retained to perform services for the contracting party.
Scope of Services. Great River Greening and the City of Andover agree to partner together to achieve the
below, restoration objectives at Martin's Meadows (attachment B for Site Map).
The purpose of this restoration work is to: 1) stabilize an eroding slope with natural vegetation, 2) remove
buckthorn and invasive woody vegetation from 6 acres of wetland and adjacent habitat, and 3) restore 9
acres of prairie habitat. Ongoing adaptive management will be needed to control the propagation or spread
of future buckthorn and maintain the health of natural areas. Areas demarcated for work are illustrated in
Attachment B.
Work will commence in spring 2012 and will conclude no later than June 30, 2013.
1. Area 1 — Slope Stabilization (1 acre)
Great River Greening responsibilities:
Great River Greening will provide funding up to $1,250 towards the purchase of shrubs for planting
in area designated for slope stabilization.
City of Andover responsibilities:
City staff will undertake the planning, surveying, planting and stabilization of the slopes.
2. Area 2 — Buckthorn treatment (6 acres)
Great River Greening responsibilities:
Great River Greening will spray resprouts from cutting performed by City over the winter of 2011-
2012, and treat new seedlings that have emerged and plants that were missed during winter 2011-
2012 treatment.
City of Andover responsibilities:
City of Andover will chip material from winter cutting for use on trails.
3. Area 3 — Prairie Restoration (9 acres)
Great River Greening responsibilities:
Great River Greening will oversee the herbiciding of existing vegetation in an area identified for
establishment of prairie, followed by reseeding with a native prairie species palette as agreed upon
in collaboration with City of Andover staff.
City of Andover responsibilities:
City of Andover will remove trees as necessary within the restoration area and mowing of
designated area prior to seeding. Since the restoration unit is near a high - voltage powerline
corridor, prairie vegetation will be managed via moeving rather than prescribed fire.
Great River Greening 1 Martin's Meadows —Restoration
III. Budget and Schedule of Payments.
Budget for the project as detailed in Scope of Services above is as follows:
Total Project Costs: $25,000
Greening Contributions: $20,000
City of Andover Contributions: $ 5,000
Funding for this project is provided by the Minnesota Environment and Natural Resources Trust Fund as
recommended by the Legislative- Citizen Commission on Minnesota Resources (LCCMR) through Great
River Greening's membership in the Metro Conservation Corridors Partnership. The City of Andover agrees
to the conditions as outlined in Exhibit A.
Schedule of Payments. City of Andover will make payment totaling $5,000 upon the following schedule:
City of Andover will make monthly to quarterly payments to Great River Greening based on invoices
submitted for work completed.
IV. Limitation of liability. City of Andover shall indemnify Great River Greening and hold it harmless from and
against any loss, claims, liabilities, damages and costs, including reasonable attorney's fees, related to the
Project or the performance of their services pursuant to this Agreement, unless caused by the negligence of
Great River Greening, its agents or employees.
V. Amendment. This Agreement may be amended only in a written document signed by both parties.
VI. Independent Contractors. Each party, its officers, agents and employees are at all times an independent
contractor to the other party. Nothing in this Agreement shall be construed to make or render either party or
any of its officers, agents, or employees an agent, servant, or employee of, or joint venture of or with, the
other.
VII. Entire Agreement. This Agreement represents the entire agreement and understanding of the parties
hereto with respect to the subject matter of this Agreement, and it supercedes all prior and concurrent
agreements, understandings, promises or representations, whether written or oral, made by either party to
the other concerning such subject matter.
VIII. Insurance. Great River Greening agrees to maintain during the term of this Consulting Contract the
following insurance: Workers Compensation Insurance, Commercial General Liability (with coverage no
more restrictive that that provided for by standard ISO Form CG 00 01 1188 or CG 00 01 10 93 with
standard exclusions "a" through "n ") with a minimum limit of $1,000,000.00 per occurrence and
$2,000,000.00 in the aggregate for bodily injury and property damages, the limit specified may be satisfied
with a combination of primary and Umbrella /Excess Insurance.
IX. Waiver. The failure of either party to insist in any one or more instances upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver or relinquishment of the right to enforce
or require compliance with such - provision.
X. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the
state of Minnesota.
XI. Completion. Work for this Project will be completed by June 30, 2013 unless circumstances beyond Great
River Greening's control that prevents Great River Greening from completing the Project.
Great River Greening 2 Martin's Meadows — Restoration
Great River Greening
Signature:
Name:
Deborah Karasov
Title:
Executive Director
Date:
City of Andover Representative
Signature: _
Name:
Title:
Date:
Contact Persons
The authorized contact person for Great River Greening is:
Todd Rexine
35 Water Street, Suite 201
Saint Paul, MN 55107
(651) 665 -9500 ext. 28
The authorized contact person for the City of Andover is:
Kameron Kytonen
1685 Crosstown Blvd, NW
Andover, MN 55304
(763) 767 -5137
Great River Greening 3 Martin's Meadows — Restoration
EXHIBIT A: METRO CONSERVATION CORRIDORS PHASE VI ADDENDUM
The Minnesota Legislature by Minnesota Laws M.L. 2011, First Special Session, Chapter 2, Article 3,
Section 2, Subd. 4i (2.3) appropriated $400,000 to the Commissioner of MN -DNR for Restoring our Lands
and Waters for an agreement with Great River Greening. As a recipient of this funding, the landowner
agrees to the following conditions:
1.0 GENERAL CONDITIONS
1.1 COMPLIANCE
The Landowner acknowledges that these funds are proceeds from the State of Minnesota
Environment and Natural Resources Trust Fund (hereinafter the "Trust Fund "), which is subject to
certain legal restrictions and requirements, including Minnesota Statutes Chapter 116P. The
Landowner is responsible for compliance with this and all other relevant state and federal laws and
regulations in the fulfillment of the Project.
1.2 ACCESS
The Landowner agrees to allow the Recipient and LCCMR access to the Landowner's site and
Landowner's activities for evaluation and promotion of the project. Access will be at reasonable
times and with sufficient prior notification, and will extend ten (10) years beyond the project
completion date.
2.0 PROJECT
2.1 CONTRIBUTIONS
The Recipient's and Landowner's contributions must be for actual and direct costs for the Project
Work. This Agreement may be modified at any time by mutual written consent of the parties. It may
be terminated by either party upon 30 days advance written notice to the other party. However, if
the Landowner(s) terminates the Agreement before its expiration, or if the Landowner(s) should fail
to maintain the habitat restoration for 10 years, then the Landowner(s) agrees to reimburse the
Minnesota Environment and Natural Resources Trust Fund prior to final termination for the pro -rated
costs of all habitat restoration projects placed on the described land through this Agreement. For
these purposes the total cost of the habitat restoration projects to the Minnesota Environment and
Natural Resources Trust Fund are agreed to be ($20,000).
2.2 ACKNOWLEDGMENTS
The Landowner agrees to acknowledge the Trust Fund's financial support for this Work in any
statement, press release, bid solicitation, project publications, and other public communications and
outreach related to the work completed using the Trust Fund appropriation. The acknowledgement
will contain the following language and /or logo(s):
(Partial) funding for this project was provided by the Minnesota Environment and
Natural Resources Trust Fund as recommended by the Legislative- Citizen
Commission on Minnesota Resources ( LCCMR).
Preferred acknowledgement language is:
(Partial) Funding for this project was provided by the Minnesota Environment and Natural
Resources Trust Fund as recommended by the Legislative- Citizen Commission on Minnesota
Resources ( LCCMR), through Great River Greening's membership in the Metro Conservation
Corridors partnership.
Landowner agrees to maintain existing signage/ install signs at the Project Site that
includes this acknowledgement language, and will include it in permanent signage.
Great River Greening 4 Martin's Meadows — Restoration
2.3 ECOLOGICAL AND RESTORATION MANAGEMENT PLAN
Vegetation planted and /or seeded must be only of native ecotypes to Minnesota.
For all restorations conducted with money appropriated under this section, the Recipient must
prepare an ecological restoration and management plan that, to the degree practicable, is consistent
with the highest quality conservation and ecological goals for the restoration site. Consideration
should be given to soil, geology, topography, and other relevant factors that would provide the best
chance for long -term success of the restoration projects. The plan must include the proposed
timetable for implementing the restoration, including site preparation, establishment of diverse plant
species native to Minnesota, maintenance, and additional enhancement to establish the restoration;
identify long -term maintenance and management needs of the restoration and how the maintenance,
management, and enhancement will be financed; and take advantage of the best available science
and include innovative techniques to achieve the best restoration. Seeding /planting will follow the
local ecotype sequencing steps outlined in Board of Water and Soil Resources' native vegetation
establishment and enhancement guidelines
(http: / /www.bwsr.state.mn.us /native vegetation /seeding guidelines pdf).
2.4 RESTORATION EVALUATION
Landowner agrees to partially fund Recipient expenses in fulfilling its evaluation commitments.
Recipient must provide an initial restoration evaluation to LCCMR at the completion of the
appropriation and an evaluation three years beyond the completion of the expenditure. Restorations
must be evaluated relative to the stated goals and standards in the restoration plan, current science,
and, when applicable, the Board of Water and Soil Resources' native vegetation establishment and
enhancement guidelines. The evaluation shall determine whether the restorations are meeting
planned goals, identify any problems with the implementation of the restorations, and, if necessary,
give recommendations on improving restorations. The evaluation shall be focused on improving
future restorations.
2.5 LONG TERM RESTORATION
The Landowner acknowledges the long term maintenance and enhancement needs of the
restoration process to achieve restoration goals. The Landowner agrees to maintain restoration for a
minimum of 10 years. The Recipient agrees to make reasonable good faith effort to significantly
contribute to the successful maintenance of the project.
2.6 PROTECTED LAND
Landowner testifies that the restoration project is on land permanently protected by a conservation
easement or public ownership or in public waters as defined in Minnesota Statutes, section
103G.005, subdivision 15; and will provide reasonable written documentation of such protection.
2.7 CONTRACTING
Landowner understands that Recipient must give consideration to Conservation Corps Minnesota or
its successor for sub - contract restoration and enhancement services.
Great River Greening 5 Martin's Meadows — Restoration
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9LNDOVE
T Y O F
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
To: Mayor & City Council
CC: Jim Dickinson, City Administrator
David D. Berkowitz, Director of Public orks /City Engineer
From: Todd J. Haas, Assistant Public Works Director
Subject: Approve Resolution Accepting Donations / Sophie's Park - Engineering
Date: April 17, 2012
INTRODUCTION
The City Council is requested to approve the attached resolution accepting the basketball
pole, hoop and backboard and Little Free Library for Sophie's Park.
DISCUSSION
Attached is an e -mail from Russ and Carol Schmeichel who live next to the park with a
request for the City to accept the basketball pole, hoop, backboard and Little Free
Library. For those that are not familiar with the Little Free Libraries, included in the item
is article that was the Star Tribune back in October 2011 about how they came about and
how popular they have become. The Little Free Library has already been delivered to the
City. The library was built by a relative of the Schmeichel's from Fargo, North Dakota.
Russ and Carol Schmeichel did the finishing touches shingling the roof and putting on a
layer of paint. The library will be installed next to the picnic shelter at Sophie's Park by
the Public Works Department.
ACTION REQUESTED
The City Council is requested to approve the attached resolution accepting the basketball
pole, hoop, backboard and Little Free Library for Sophie's Park.
Respectfully submitted,
o;dd J. 124 1��
Cc: Russ and Carol Schmeichel (copy sent by e -mail)
Attachments: E -mail from the Schmeichal's, Star Tribune article
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER
TO BE INSTALLED AT SOPHIE'S PARK.
WHEREAS, any contributions that are to be made to the City of Andover must be
accepted by the City Council; and
WHEREAS, the. contribution from Russ and Carol Schmeichel of a basketball
pole, hoop and backboard valued at $200 will be installed at Sophie's Park.
WHEREAS, the contribution from Russ and Carol Schmeichel of a Little Free
Library valued at $375 will be installed at Sophie's Park.
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the
contributions, which is to be installed at Sophie's Park.
MOTION seconded by Councilmember
and adopted by the City
Council at a regular meeting this 1st day of November 2011, with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner - Deputy City Clerk
Todd Haas
From: Russ Schmeichel <russ.schmeichel @gmail.com>
Sent: Wednesday, April 04, 2012 12:06 PM
To: Todd Haas
Subject: Sophie's South Park Donation
April 4, 2012
RE: Donations to Sophie's South Park
We are donating the following items to the park:
1. Basketball pole, hoop and backboard ; sIzoo )
2. Little Free Library - small building (28 " x 20" x 28 ") with the following plaque. (V atv e..
"Little Free Library"
Sophie's South Park, Andover, MN
"Take a Book, Leave a Book"
Russ and Carol Schmeichel
1146152nd Ln NW
Andover, MN
ZSW
• HOLIDAY COO:
Wanted: Fantastic holiday cookie recipes, and the baker
Iptu for our top of this competition, along with great and stories ex e
to the top of this competition, along with great stories expl
entry fits into your holiday
Find all the details on sWUH
STARTRIBUNE.00M /LIFESTY
Photosby RICHARD TSONG- TAATARH•rlbong -ta tazii
Todd Bol recently installed a little Free Library in the front garden of the lake Elmo Inn with the help of the owner's daughter, Laura Schiltz.
;t
a
14
17(IRWA'RD
�{RTic�E l
Little Free Libraries allow
.neighbors to share books,
and a bit of themselves.
ByBILL WARD •bilLward@startribune.com
hey look like large birdhouses and act like
water coolers. But the sustenance stored
inside the wooden, windowed boxes is a
blend of knowledge and recreation.
Little Free Libraries, the brainchild of
Stillwater native Todd Bol, are popping up all over Minnesota,
from torry Lowry Hill to St. Paul's rough- and - tumble East Side to
placid Detroit Ickes.
Usually planted near streets and seeded with their
owners' books, the libraries can hold about two dozen vol-
umes. Working on an honor system — a sign on the side reads
"Take a Book, Leave a Boole'— the boxes tend to stay stocked
with contributions from those who happenupon them and find
a book or three to take home.
"It's always moving — paperback, hardcover, kids' books.
We are not having to feed much," Mary Kloehn of Minneap-
olis said. "We're reading a great book now that somebody put
there. It's like a dynamic library in our front yard.
"We live in a neighborhood where you can spit on the next
residence, but that still doesn't mean you talk to them. These
people across the street stopped and talked to us for the first
time ever by the library."
That's a common occurrence, according to Bol, who now
lives in Hudson, Wis. He came up with the idea two years ago
and started the nonprofit company Little Free Library with his
friend Rick Brooks of Madison, Wis.
Libraries continues on ES ►
Mary F loehn of Minneapolis checked on the books — whether left by her
orby — in her Little Free Library.
AimcjX 2-
An oasis or developing readers,
community in Dayton's Bluff
By ROCHELLE OLSON
raolson @startribune.com
The Dayton's Bluff neighbor-
hood kids warned Sage Holben
not to put a Little Free Library
on the comer by the old Victori-
an where she rents a second -floor
apartment.
They said, "'It's going to be a
wreck; people will destroy it, '
Holben recalled while sitting on
her wraparound porch last week
"The kids were concerned. Kids
don't always see there's hope
ahead."
Holben, a Metropolitan State
University library technician
who walks the two blocks to
work, went ahead. She recruited
14 -year -old neighbor Pedro Gar-
cia to build the house on a week-
end trip to Little Free Library
headquarters in Hudson, Wis.
Garcia spent 12 hours one
Saturday building the library
with tutelage from Little Free Li-
brary construction maestro Todd
Bol. The industrious teenager did
the measuring, cutting and build-
ing. He and Holben sought a his-
torical feel for the mini -house to
fit the neighborhood.
The little structure went up
last week, three days before a 24
year -old man was shot and killed
on the same comer. Holben left
work early when she heard of the
shooting to offer free hugs, cof-
fee and homemade chili from her
porch
The day after the crime, more
than 20 books of various genres,
from Jodi Picoult to "Seabiscuit"
Oasis continues on E8 ►
MY IMPRESSION IS THAT NO ONE HAS WALKED
PAST IT WITHOUT STOPPING TO LOOK*))
Ruth Solie of Detroit Lakes
t• 's
1~
�vkil
{.
VO a �
This? ' `Frt
from frienzfE
PAGE it
PAY IT I
T-h (a y 1
FORWA
j )A
L'fldsf`s,N.Fk
Photos by RICHARD TSONG- TAATARR • rhsong- taatarii @startribune.com
Mary Kloehn said she has met some neighbors for the first time when they've stopped to check out the selection in her free library.
4 LIBRARIES FROM E3
'What we have found is that
the neighborhood starts to feel
like it's theirs;' Bol said. "The
neighborhood starts taking care
of it. People come together to
talk about literacy, education —
community things that we de-
fine so well but lack so much
There is such polarity these days
thatthis is alittle commonplace
that we're comfortable with"
Bol has enlisted several oth-
er builders, including an Amish
man who uses wood from 100 -
year -old barns and Forest Lake
residents who work with recy-
cled sawdust. Recycling has
been a theme all along: Some of
Bol's first libraries came from
a barn that blew down when a
tornado hit Ogema, Wis.
The dimensions are "not
real scientific," Bol said. "They
can be no higher than 24 inch-
es so it can fit in my station
wagon. We try to make it not
over 23 inches wide so it fits in
a 26-inch box for UPS. Usually
15 /s inches deep, so we can get
the best maximized cutout of a
piece of plywood."
And then there's this: "If
they get any bigger than that, I
hurt my back carrying them."
They cost $375 to $1,000, al-
though build -it- yourself and
Pay It Forward programs can
help reduce the price. Bol
and Brooks also encourage
neighbors to share the costs
(www.startribune.com/a7l3).
In just two years, scores of Lit-
tle Free Libraries have popped
up in Wisconsin, along with
some in Colorado, Oregon, Il-
linois, British Columbia and
Mexico.
A recent State Fair stint
helped bring the libraries to
the attention of Minnesotans.
But Ruth Solie of Detroit Lakes
learned about them on Face -
book
"I just clicked through and
was so taken by it;" Solie said.
"For one thing, it's really ador-
able and at a height a fairly
young child can reach. There
are a lot of runners and walk-
ers here, and a lot of children
on the block One of my neigh-
bors has a day -care. They come
and sit on the grass and have a
little outing.
"We just had a woman who
came by and saw that 'Cut-
ting for Stone' was in there,
and she was on her way to buy
that for a friend. The other day
some teens were going by and
stopped. There was a beautiful
bird guide, and they lit up and
got it, and off they went.
"My impression is that no
one has walked past it without
stopping to look On a sum-
mer's evening, people just kind
of congregate around it:'
And in winter?
"Hey, during the big snow-
storms, we were the public
building that was open," Bol
said with a chuckle. He added
that the boxes are "mostly dou-
ble- walled, not that they're in-
sulated and warm but dry and
weatherproof — and people go
for walks all year long."
Literature - loving women
over age 50 such as Solie are
the libraries' strongest cus-
tomers to date, said Bol, who
finds a common thread in their
motivation.
"What we often hear (about
the stocked books] is, 'I'm a
great reader, and they're such
a part of me that I just can't sell
RENEE 1014ES SCHNEIDER • retteelmm @startnbune.com
Pedro Garda, 14,built the Little Free Library box that stands
outside Sage Holben's St. Paul home.
An oasis for encouraging;
readers in Dayton's Muff
OASIS FROM El Holben said.
Kate Leotta lives across
to "Baby- sitters Club No. the street from Holben with
30;' sat ready for swapping, her preschool son, Murphy.
The Dayton's Bluff neigh - They were early users of the
borhood, on a hill overlook- library.
ing the State Capitol, has "It's a great way to teach
lovingly restored Victori- little ones about donating,
ans mixed with modest, fad- sharing, being responsible
ed and rundown houses and for something in the com-
apartments, munity;' Leotta said.
"Many of the kids here
come from families where Rochelle Olson• 651- 925 -5035
there isn't a lot of reading;" Twitter: 4rochelleolson
1-
n
u
la
U
tr
td
in
;e
Id
n:
i�
; ary r5 a ;-r`
LIBRARIES
f,
kuv
�� L` as nte
Iffl%bsite:
P
www.littlefreelibrary.org
60
Facebook page:
www.starttibune.com /a715
Retail: Soo Visual Arts Center,
2638 Lyndale Av. S.
Todd Bol placed this placard
on.the free library box he built a
the Lake Elmo Inn.
RENEE 1014ES SCHNEIDER • retteelmm @startnbune.com
Pedro Garda, 14,built the Little Free Library box that stands
outside Sage Holben's St. Paul home.
An oasis for encouraging;
readers in Dayton's Muff
OASIS FROM El Holben said.
Kate Leotta lives across
to "Baby- sitters Club No. the street from Holben with
30;' sat ready for swapping, her preschool son, Murphy.
The Dayton's Bluff neigh - They were early users of the
borhood, on a hill overlook- library.
ing the State Capitol, has "It's a great way to teach
lovingly restored Victori- little ones about donating,
ans mixed with modest, fad- sharing, being responsible
ed and rundown houses and for something in the com-
apartments, munity;' Leotta said.
"Many of the kids here
come from families where Rochelle Olson• 651- 925 -5035
there isn't a lot of reading;" Twitter: 4rochelleolson
1-
n
u
la
U
tr
td
in
;e
Id
n:
i�
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
To: Mayor & City Council
CC: Jim Dickinson, City Administrator
David D. Berkowitz, Director of blirorks/City Engineer bD
From: Todd J. Haas, Assistant Public Works Director
Subject: Approve Plan for Dugouts /Sunshine Park Ball Fields - Engineering
Date: April 17, 2012
INTRODUCTION
The City Council is requested to approve the plan for dugouts that has been submitted by
the Andover Athletic Association (AAA) for all 6 fields at Sunshine Park.
DISCUSSION
Attached are pictures that were provided by AAA of what the dugouts would look like.
The Park and Recreation Commission have reviewed the pictures of the dugout and
recommends approval. AAA is also aware that a building permit will be required. Once
AAA has determined the cost of the dugouts, they will need to provide this information to
the City so that a resolution can be approved accepting the donation..
BUDGETIMPACT
It is staff's understanding that AAA will fund the cost of the labor and materials to install
the dugouts. AAA is also aware that they are responsible to pay for the cost of the
building permit.
ACTION REQUESTED
The City Council is requested to approve the plan for dugouts that has been submitted by
the Andover Athletic Association (AAA) for all 6 fields at Sunshine Park.
Respectfully submitted,
Todd J. Haas
Cc: Pat Wilson, Andover Athletic Association (Copy sent by e -mail)
Attachments: Pictures of the dugouts ✓
D
C I T Y O F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -51.00
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO:
CC:
FROM:
SUBJECT:
117.11A
Mayor and Council Members
Jim Dickinson, City Administl
David D. Berkowitz, Director
Engineer
Approve Easements /11 -10 /South Coon Creek Drive NW Reconstruction -
Engineering
April 17, 2012
INTRODUCTION
The City Council is requested to approve the attached easements for Project 11 -10, South Coon Creek
Drive NW Reconstruction.
DISCUSSION
For the reconstruction of South Coon Creek Drive NW permanent and temporary easements are
needed to meet the goals and design standards that have been determined for this project. Staff has
worked with the property owners to secure the needed easements and continue to work with
additional property owners to secure the final needed easements before construction begins. Attached
are the easement documents for approval.
BUDGET IMPACT
The temporary easements will be at no cost to the City. The permanent easements have been
negotiated at $1.00 per square foot for a value of $642. The cost will be funded through the project
budget.
ACTION REQUIRED
The City Council is requested to approve the attached easements for Project 11 -10, South Coon Creek
Drive NW Reconstruction.
Respectfully submitted,
David D. Berkowitz
Attachments: Easement Documents'/
PERMANENT ROADWAY, DRAINAGE, AND UTILITY EASEMENT/DRAINAGE
AND UTILITY EASEMENTITEMPORARY SLOPE AND CONSTRUCTION
EASEMENT
KNOW ALL MEN BY THESE PRESENT, for valuable consideration, Troy
Mansfield and Melissa Mansfield as joint tenants, (collectively referred to herein as
"Grantor "), hereby grant, sell, and convey to the CITY OF ANDOVER, a Minnesota
municipal corporation, Grantee, a permanent easement for roadway, drainage and utility
purposes, a separate permanent easement for drainage and utility purposes, and an additional
temporary easement for slope and construction purposes, including, without limitation, the
construction, maintenance, repair and replacement thereof, and uses incident thereto, in, under
and upon the real property, in Anoka County, Minnesota described as follows:
That part of Government Lot 4, Section 29, Township 32, Range 24, Anoka
County, Minnesota, described as follows: Commencing at the Southeast corner of
said Government Lot 4; thence Northerly along the East line of said Government
Lot 4, distance of 598.25 feet to a point lying and being in the approximate
centerline of a town road known as South Coon Creek Drive (formerly Andover
Road); thence Northwesterly along the centerline of said road at an internal angle
of 132 degrees 05 minutes a distance of 707.50 feet to the actual point of
beginning; thence continuing Northwesterly along said road a distance of 140.00
feet to point lying and being in the center of the intersection of the said South
Coon Creek Drive and a County Road known as Round Lake Boulevard; thence
North 43 degrees East along the centerline of said Round Lake Boulevard a
distance of 200 feet; thence Southeasterly at right angles a distance of 140.00 feet;
thence Southwesterly at right angles and parallel with the centerline of the said
Round Lake Boulevard a distance of 199.56 feet, more or less, to the actual point
of beginning, Anoka County, Minnesota.
Said easements are described as follows:
See attached EXHIBIT A
Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or
other material excavated from said easement areas, as the Grantee may find necessary and to
3479 SCCD AD 112 -Easement - 293224420064.docx
remove trees, brush, undergrowth and other obstructions interfering with the location,
construction and maintenance of the easements.
Grantors covenant that they are the owners of the easement area and have the right, title, and
capacity to grant the easement described above.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and
appurtenances thereunto belonging or in anyway appertaining to the said Grantee, forever, for
said drainage and utility purposes.
IN WIT ESS WHEREOF, the parties have hereunto set their hands this 2-1— day of
1�, 2012.
By: ' )
Troy ans eld
BY'Xh, &,, -
Melissa Mansfield
Total Consideration: #6 yZ . o0
State Deed Tax Due: None
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of 2012,
by Troy Mansfield and Melissa Mansfield as joint tenants, who has caused these prese to°be
executed or have set their hand t da. d year first above written.
Sk -NDA L Gll.[>s 3
Notary Pubft
Minnesota
.tan 31 2016 Notary Public
NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of
Minnesota, has accepted on 3 611 , 2012, the above described easement in this document.
Dated: 3 12012.
THIS INSTRUMENT WAS DRAFTED BY
Hakanson Anderson
3601 Thurston Avenue
Anoka, MN 55303
Telephone: 763-427-5860
3479 SCCD AD112 - Easement - 293224420064.docx
CITY OF ANDOVER
EXHIBIT A
A permanent easement for utility and drainage purposes over, under and across that part of the
above described property as follows:
Commencing at the most northerly corner of Parcel 18, Anoka County Highway Right -of -Way
Plat No. 64, Anoka County, Minnesota, according to the recorded plat thereof, thence on an
assumed bearing of South 46 degrees 55 minutes 08 seconds East, along the most northeasterly
line of said Parcel 18 a distance of 10.00 feet to a corner of said Parcel 18; thence South.43
degrees 07 minutes 54 seconds West a distance of 136.66 feet to a corner of said Parcel 18 and
being the point of beginning of the permanent easement to be described; thence South 46 degrees
55 minutes 08 seconds East a distance of 10.00 feet; thence South 43 degrees 07 minutes 54
seconds West a distance of 10.00 feet to a corner of said Parcel 18; thence North 01 degrees 55
minutes 06 seconds West along a line of said Parcel 18 distance of 14.13 feet to the point of
beginning.
A permanent easement for roadway, drainage, and utility purposes over, under and across the
above described property which lies northeasterly of "Line C ", southwesterly of a line 53.00 feet
northeasterly of and parallel with the southwesterly line of said property and easterly of the
following described line and its extensions; commencing at the most northerly corner of said
Parcel 18; thence on an assumed bearing of South 46 degrees 55 minutes 08 seconds East along
the most northeasterly line of said Parcel 18 a distance of 10.00 feet to a corner of said Parcel 18;
thence South 43 degrees 07 minutes 54 seconds West along a line of said Parcel 18 a distance of
136.66 feet to a corner of said Parcel 18; thence South 01 degrees 55 minutes 06 seconds East
along a line of said Parcel 18 and its southerly extension to the intersection with the
southwesterly line of said Parcel 18 and said line there terminating.
"Line C" is described as commencing at the most westerly corner of the property being the
intersection of South Coon Creek Drive and Round Lake Boulevard (CSAH No. 9) as described
above; thence southeasterly along the southwesterly line of the property and its extension a
distance of 217.80 feet; thence northeasterly at right angles a distance of 42.00 feet to the point
of beginning of said "Line C ", thence northwesterly to a point on the northwesterly line of said
property being the centerline of Round Lake Boulevard distant 46.00 feet northwesterly from
said most westerly corner and said "Line C" there terminating.
Together with a temporary easement for construction and slope purposes over, under, and across
the above described property, which lies southwesterly of a line 58.00 feet northeasterly of and
parallel with the southwesterly line of said property, and northeasterly "of a line 53.00 feet
northeasterly of and parallel with said southwesterly line and lies easterly of the following line
3479 SCCD AD112 - EXHIBIT A - 293224420064.docx
and its extensions; commencing at the most northerly comer of said Parcel 18; thence on an
assumed bearing of South 46 degrees 55 minutes 08 seconds East along the most northeast line
of said Parcel 18 a distance of 10.00 feet to a corner of said Parcel 18; thence South 43 degrees
07 minutes 54 seconds West along a line of said parcel 18 a distance of 136.66 feet to a corner of
said Parcel 18; thence South 01 degrees 55 minutes 06 seconds East along a line of said Parcel
18 and its southerly extension to the intersection with the southwesterly line of said Parcel 18
and said line there terminating.
Said temporary easement to expire /[, ( 3
3479 SCCD AD112 - EXHIBIT A - 293224420064.docx
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CITY OF 3468
ANDOVER
That part of Government Lot 4, Section 29, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Southeast
corner of said Government Lot 4; thence Northerly along the East line of said Government Lot 4, distance of 598.25 feet to a point lying and being in
the approximate centerline of a town rood known as South Coon Creek Drive (formerly Andover Rood); thence Northwesterly along the centerline of said
rood at on internal angle of 132 degrees 05 minutes a distance of 707.50 feet to the actual point of beginning; thence continuing Northwesterly along
said rood a distance of 140.00 feet to point lying and being in the center of the intersection of the said South Coon Creek Drive and a County Road
known as Round Lake Boulevard; thence North 43 degrees East along the centerline of said Round Lake Boulevard a distance of 200 feet; thence
Southeasterly at right angles a distance of 140.00 feet; thence Southwesterly at right angles and parallel with the centerline of the said Round Lake
Boulevard a distance of 199.56 feet, more or less, to the actual point of beginning, Anoka County, Minnesota.
A temporary easement for construction and slope purposes over, under, and across the above described property, which lies southwesterly of a line
58.00 feet northeasterly of and parallel with the southwesterly line of said property, and northeasterly of a line 53.00 feet northeasterly of and parallel
with said southwesterly line and lies easterly of the following line and its extensions; commencing at the most northerly corner of said Parcel 18;
thence on an assumed bearing of South 46 degrees 55 minutes 08 seconds East along the most northeast line of said Parcel 16 a distance of 10.D0
feet to a corner of said Parcel 18; thence South 43 degrees 07 minutes 54 seconds West along o line of said parcel 16 a distance of 136.66 feet to
a corner of said Parcel 16; thence South 01 degrees 55 minutes 06 seconds East along a line of said Parcel 18 and its southerly extension to the
intersection with the southwesterly line of said Parcel 18 and said line there terminating.
Area of Temporary Easement 354 sq. ft. = 0.006 acres Property Previously Acquired by
Anoka County per Doc.No.1906027.2
Property Owner: Troy & Melissa Mansfield
3479 South Coon Creek Drive NW - — Denotes \
Andover MN 55304
Easement
Scale
1" = 50'
PID No.: 29- 32 -24 -42 -0064
I hereby certify that this survey, plan or report was prepared by me - _______ Temporary Slope /Construction SHEET
or under my direct supervision and that I am a duly Professional Hakanson Easement Exhibit L
Licensed Land Surveyor under the laws of the Stote of Minnesota. `�11 i for
���� Anderson Part of Government Lot 4 of
03/07/12 ci�ii Enoinears ono Bona suNeyors 1
3501 D.ml n Ave., MA , Minnuolo 55353 GATE C)3_/D7/12 N0. AD112 SHEETS
Charles Christopherson, MN License No. 18420 Date 763-427 -5860 FAX 763-427 -0520
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3467
SOUTH COON CREEK DRIVE
CITY OF 3468
ANDOVER
That part of Government Lot 4, Section 29, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Southeast
corner of said Government Lot 4; thence Northerly along the East line of said Government Lot 4, distance of 598.25 feet to a point lying and being in
the approximate centerline of a town rood known as South Coon Creek Drive (formerly Andover Rood); thence Northwesterly along the centerline of said
rood at an internal angle of 132 degrees 05 minutes a distance of 707.50 feet to the actual point of beginning; thence continuing Northwesterly along
said rood a distance of 140.00 feet to point lying and being in the center of the intersection of the said South Coon Creek Drive and a County. Rood
known as Round Lake Boulevard; thence North 43 degrees East along the centeriine of said Round Lake Boulevard a distance of 200 feet; thence
Southeasterly at right angles a distance of 140.00 feet; thence Southwesterly at right angles and parallel with the centerline of the said Round Lake
Boulevard o distance of 199.56 feet, more or less, to the actual point of beginning, Anoka County, Minnesota.
A permanent easement for utility and drainage purposes over, under and across that part of the above described property as follows:
Commencing at the most northerly corner of Parcel 18, Anoka County Highway Right —of —Way Plat No. 64, Anoka County, Minnesota, according to the
recorded plat thereof; thence on an assumed bearing of South 46 degrees 55 minutes 05 seconds East, along the most northeasterly line of said
Parcel 18 a distance of 10.00 feet to o corner of said Parcel 18; thence South 43 degrees 07 minutes 54 seconds West a distance of 136.66 feet to
a corner of said Parcel 18 and being the point of beginning of the permanent easement to be described; thence South 46 degrees 55 minutes 08
seconds East a distance of 10.00 feet; thence South 43 degrees 07 minutes 54 seconds West a distance of 10.00 feet to a corner of said Parcel 18;
thence North 01 degrees 55 minutes 06 seconds West along a line of said Parcel 16 distance of 14.13 feet to the point of beginning.
Area of Permanent Easement 50 sq. ft. = 0.001 acres
Property Owner: Troy & Melissa Mansfield
3479 South Coon Creek Drive NW
Andover MN 55304
PID No.: 29- 32 -24 -42 -0064
Property Previously Acquired
Anoka County per Doc.No.1905 027.2
Denotes
Easement
--- - - - - -� Scale
1 " =50'
I hereby certify that this survey, plan or report was prepared by me
or under my direct supervision and that I am a duly Professional
Licensed Land Surveyor under the laws of the State of Minnesota.
Hakanson
Anderson
03/07/12
Charles R. C istopherso , MN License No. 18420 Date
Civil Engineers one Lond survey.,
3501 ,vn ncAAv nneko, iennnoto SM03
for
OF
Port of Government Lot 4
3479
03/07/12 FlLF x0. AD112
SHEETS
S4-3'07
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PARCEL
Southwesterly Line of
I Parcel 18 - - - - -'
Centerline of South
Coon Creek Drive
so the southwesterly
property line
3467
SOUTH COON CREEK DRIVE
CITY OF 3468
ANDOVER
That part of Government Lot 4, Section 29, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Southeast
corner of said Government Lot 4; thence Northerly along the East line of said Government Lot 4, distance of 598.25 feet to a point lying and being in
the approximate centerline of a town rood known as South Coon Creek Drive (formerly Andover Rood); thence Northwesterly along the centerline of said
rood at an internal angle of 132 degrees 05 minutes a distance of 707.50 feet to the actual point of beginning; thence continuing Northwesterly along
said rood a distance of 140.00 feet to point lying and being in the center of the intersection of the said South Coon Creek Drive and a County. Rood
known as Round Lake Boulevard; thence North 43 degrees East along the centeriine of said Round Lake Boulevard a distance of 200 feet; thence
Southeasterly at right angles a distance of 140.00 feet; thence Southwesterly at right angles and parallel with the centerline of the said Round Lake
Boulevard o distance of 199.56 feet, more or less, to the actual point of beginning, Anoka County, Minnesota.
A permanent easement for utility and drainage purposes over, under and across that part of the above described property as follows:
Commencing at the most northerly corner of Parcel 18, Anoka County Highway Right —of —Way Plat No. 64, Anoka County, Minnesota, according to the
recorded plat thereof; thence on an assumed bearing of South 46 degrees 55 minutes 05 seconds East, along the most northeasterly line of said
Parcel 18 a distance of 10.00 feet to o corner of said Parcel 18; thence South 43 degrees 07 minutes 54 seconds West a distance of 136.66 feet to
a corner of said Parcel 18 and being the point of beginning of the permanent easement to be described; thence South 46 degrees 55 minutes 08
seconds East a distance of 10.00 feet; thence South 43 degrees 07 minutes 54 seconds West a distance of 10.00 feet to a corner of said Parcel 18;
thence North 01 degrees 55 minutes 06 seconds West along a line of said Parcel 16 distance of 14.13 feet to the point of beginning.
Area of Permanent Easement 50 sq. ft. = 0.001 acres
Property Owner: Troy & Melissa Mansfield
3479 South Coon Creek Drive NW
Andover MN 55304
PID No.: 29- 32 -24 -42 -0064
Property Previously Acquired
Anoka County per Doc.No.1905 027.2
Denotes
Easement
--- - - - - -� Scale
1 " =50'
I hereby certify that this survey, plan or report was prepared by me
or under my direct supervision and that I am a duly Professional
Licensed Land Surveyor under the laws of the State of Minnesota.
Hakanson
Anderson
03/07/12
Charles R. C istopherso , MN License No. 18420 Date
Civil Engineers one Lond survey.,
3501 ,vn ncAAv nneko, iennnoto SM03
Drainage and Utility
SHEET
Easement Exhibit
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for
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Port of Government Lot 4
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03/07/12 FlLF x0. AD112
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CITY OF 1 3468
ANDOVER
That port of Government Lot 4, Section 29, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Southeast corner of said
Government Lot 4; thence Northerly along the East line of said Government Lot 4, distance of 598.25 feet to a point lying and being in the approximate centerline
of a town rood known as South Coon Creek Drive (formerly Andover Rood); thence Northwesterly along the centerline of sold rood of on internal angle of 132
degrees 05 minutes o distance of 707.50 feet to the actual point of beginning; thence continuing Northwesterly along said road a distance of 140.00 feet to point
lying and being in the center of the intersection of the said South Coon Creek Drive and a County Road known as Round Lake Boulevard; thence North 43 degrees
East along the centerline of said Round Lake Boulevard a distance of 200 feet; thence Southeasterly of right angles a distance of 140.00 feet; thence Southwesterly
at right angles and parallel with the centerline of the said Round Lake Boulevard a distance of 199.56 feet, more or less, to the actual point of beginning, Anoka
County, Minnesota.
A permanent easement for roadway, drainage and utility purposes over, under and across the above described property which lies northeasterly of 'Line C ",
southwesterly of a line 53.00 feet northeasterly of and parallel with the southwesterly line of said property and easterly of the following described line and its
extensions; commencing at the most northerly corner of said Parcel 18; thence on an assumed bearing of South 46 degrees 55 minutes 08 seconds East along the
most northeasterly line of said Parcel 18 o distance of 10.00 feet to a corner of said Parcel 18; thence South 43 degrees D7 minutes 54 seconds West along a line
of said Parcel 18 a distance of 136.66 feet to a comer of said Parcel 18; thence South 01 degrees 55 minutes 06 seconds East along a line of said Parcel 18 and
its southerly extension to the intersection with the southwesterly line of said Parcel 16 and sold line there terminating.
'Line C" is described as commencing at the most westerly comer of the property being the intersection of South Coon Creek Drive and Round Lake Boulevard (CSAH
No. 9) as described above; thence southeasterly along the southwesterly line of the property and its extension a distance of 217.80 feet; thence northeasterly at
right angles a distance of 42.00 feet to the point of beginning of said 'Line C ", thence northwesterly to a point on the northwesterly line of said property being the
centerline of Round Lake Boulevard distant 46.OD feet northwesterly from said most westerly comer and said 'Line C" there terminating.
Area of Permanent Easement 592 sq. ft. = 0.014 acres
Property Previously Acquired by
Anoka County per Doc.No.19D6027.2
Property Owner: Troy & Melissa Mansfield __
3479 South Coon Creek Drive NW Denotes
Andover MN 55304 i E¢sement
PID No.: 29- 32 -24 -42 -0064
Scale
1" = 50'
I hereby certify that this survey, plan or report was prepared by me
or under my direct supervision and that I am a duly Professional
Licensed Land Surveyor under the laws of the State of Minnesota.
- i D3 07 12
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crd rm 9� "eers oZa Lond s0Nry,rs
Roadway, Droinoge & Utility
Easement Exhibit
for
Port of Government Lot 4
SHEET
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Chorle�herson, MN License No. 18420 Date
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3601 Thurslnn Ave, Mekc, AUnnssolo 55303
763-627 -59&n F" 763-[771S7o
I DATE
03/07/12 1 FILE ND. An119
SHEETS
TEMPORARY SLOPE AND CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENT, Brian L. Chapman(collectively referred
to herein as "Grantor "), hereby grant, and convey to the CITY OF ANDOVER, a Minnesota
municipal corporation, Grantee, a temporary easement for slope and construction purposes,
including, without limitation, the construction, maintenance, repair and replacement thereof, and
uses incident thereto, in, under and upon the real property, in Anoka County, Minnesota
described as follows:
That part of the Northeast Quarter of the Southwest Quarter of Section 27,
Township 32, Range 24, Anoka County, Minnesota, described as follows:
Beginning at the southwest corner of said Northeast Quarter of the Southwest
Quarter; thence easterly along the south line of said Northeast Quarter of the
Southwest Quarter to the centerline of the County Road No. 18 (Crosstown
Boulevard) as now laid out and traveled; thence northeasterly along said
centerline a distance of 299 feet; thence northwesterly at a right angle to said
centerline to the west line of said Northeast Quarter of the Southwest Quarter;
thence southerly along said west line to the point of beginning;
Said Temporary easement is described as follows: That part of the above
described property lying southwesterly of the southeasterly extension of a line
that lies 5.00 feet northeasterly of the southwest line of Lot 39, Block 1,
KENSINGTON ESTATES, said Anoka County, according to the recorded plat
thereof and lies northwesterly of the right -of -way of County Road No. 18
(Crosstown Boulevard).
Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or
other material excavated from said temporary easement area, as the Grantee may find necessary
and to remove trees, brush, undergrowth and other obstructions interfering with the
reconstruction of South Coon Creek Boulevard.
Grantors covenant that they are the owners of the temporary easement area and have the right,
title, and capacity to grant the temporary easement described above.
AD 112 - Easement = 273224310003.docx
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and
appurtenances thereunto belonging or in anyway appertaining to the said Grantee, for this
temporary slope and construction easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands this,) 7 day of
e, /x , 2012.
By: 9 , ,�-
Brian L. Chapm
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
{ (�
The foregoing instrument was acknowledged before me thisoLYday of -- L(,.PV012,
by Brian L. Chapman, who has caused these presents to be executed or have set their hand the
day and year first above written.
MICHELLE L.
' 1 HAR T NER
Notary Public
M,mesota No ary Pub�lic
My Gornnession Expires 3anev 31, 2
v .
NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of
Minnesota, has accepted on , 2012, the above described temporary easement in this
document.
Dated:
2012.
THIS INSTRUMENT WAS DRAFTED BY
Hakanson Anderson
3601 Thurston Avenue
Anoka, MN 55303
Telephone: 763-427-5860
AD 112 - Easement - 273224310003.docx
CITY OF ANDOVER
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That part of the Northeast Quarter of the Southwest Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota, described
as follows: Beginning at the southwest corner of said Northeast Quarter of the Southwest Quarter, thence easterly along the south line of
said Northeast Quarter of the Southwest Quarter to the centerline of the County Road No. 16 (Crosstown Boulevard) as now laid out and
travelled; thence northeasterly along said centerline a distance of 299 feet; thence northwesterly at a right angle to said centerline to
the west line of said Northeast Quarter of the Southwest Quarter, thence southerly along said west line to the point of beginning;
Said Temporary easement is described as follows: That part of the above described property lying southwesterly of the southeasterly
extension of a line that lies 5.D0 feet northeasterly of the southwest line of Lot 39, Block 1, KENSINGTON ESTATES, said Anoka County,
according to the recorded . plot thereof and lies northwesterly of the right —of —way of County Rood No. 18 (Crosstown Boulevard).
Area of Roadway Easement 368 sq. ft. = 0.008 acres
Property Owner: Brian Chapman
14314 Crosstown BLVD NW
Andover MN 55304
PID No.: 27- 32 -24 -31 -0003
I hereby certify that this survey, plan or report was prepared by me
--
Temporary Slope /Construction
SHEET
or under my direct supervision and that Iom a duly Professional
Hakanson
Easement Exhibit
i
Licensed Land Surveyo under the laws of the State of Minnesota.
for
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Anderson
Part of the Northeast Quarter
of
03/07/12
cNn Engineers svNeycrs
of the Southwest Quarter
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Charles Christo hemon, MN License No. 18420 Dote
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3so1 1n��� a., Anok.. l nom. 56363
963- 427 -5660 FAX 763 -427 -0520
I DATE
03/07/12 1 FIE No. AD119
SHEEM
TEMPORARY SLOPE AND CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENT, Brian C. Genin (collectively referred to
herein as "Grantor "), hereby grant, and convey to the CITY OF ANDOVER, a Minnesota
municipal corporation, Grantee, a temporary easement for slope and construction purposes,
including, without limitation, the construction, maintenance, repair and replacement thereof, and
uses incident thereto, in, under and upon the real property, in Anoka County, Minnesota
described as follows:
That part of Government Lot 4, Section 29, Township 32, Range 24, Anoka
County, Minnesota, described as follows: Commencing at the Southeast comer of
said Government Lot 4; thence northerly along the east line of said Government
Lot a distance of 598.25 feet to the centerline of South Coon Creek Drive; thence
northwesterly along said centerline at an internal angle of 132 degrees 05 minutes
00 seconds a distance of 529.7 feet to the point of beginning of the land to be
described; thence northeasterly at a right angle to said centerline a distance of
217.8 feet; thence northwesterly at a right angle and parallel to the centerline of
South Coon Creek Drive a distance of 100.0 feet; thence southwesterly at a right
angle a distance of 217.80 feet to the centerline of South Coon Creek Drive;
thence southeasterly along said centerline to the point of beginning.
The temporary easement for slope and construction purposes over under and
across the above described property is described as follows:
That part of above described property which lies southwesterly of a line 38.00 feet
northeasterly of and northwesterly of a line 33.00 feet northeasterly of the
southwesterly line of the above said property.
Said temporary easement to expire
f , .
Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or
other material excavated from said temporary easement area, as the Grantee may find necessary
and to remove trees, brush, undergrowth and other obstructions interfering with the construction
of South Coon Creek Drive.
AD 112 - Easement - 293224420025
Grantors covenant that they are the owners of the temporary easement area and have the right,
title, and capacity to grant the temporary easement described above.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and
appurtenances thereunto belonging or in anyway appertaining to the said Grantee, for said
temporary slope and construction purposes.
IN WITNESS WHEREOF, the parties have hereunto set their hands thus ktl' day of
nAl- " , 2012.
BY: , "4—
Brian C. Genin
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this � day of /�7 �; 2012,
by Brian C. Genin, who has caused these presents to be executed or have set their hand the day
and year first above written.
dAN PE
Notary Pubic
Minnesota
on an y�
M Notary Public C
NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of
Minnesota, has accepted on , 2012, the above described temporary easement in this
document.
Dated:
2012.
THIS INSTRUMENT WAS DRAFTED BY
Hakanson Anderson
3601 Thurston Avenue
Anoka, MN 55303
Telephone: 763-427-5860
AD 112 - Easement - 293224420025
CITY OF ANDOVER
In
Temporary Slope /Construction
Easement Exhibit
00
TEMPORARY EASEMENT DESCRIPTION
.j
That port of Government Lot 4, Section 29, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the
Southeast corner of said Government Lot 4; thence northerly along the east line of said Government Lot a distance of 598.25 feet to the
centerline of South Coon Creek Drive; thence northwesterly along said centerline at an internal ongle of 132 degrees 05 minutes 00 seconds
a distance of 529.7 feet to the point of beginning of the land to be described; thence northeasterly at a right ongle to said centerline o
distance of 217.8 feet; thence northwesterly at o right ongle and parallel to the centerline of South Coon Creek Drive a distance of 100.0
feet; thence southwesterly at a right angle a distance of 217.80 feet to the centerline of South Coon Creek Drive; thence southeasterly
along said centerline to the point of beginning.
The temporary easement for slope and construction purposes over under and across the above described property is described as follows:
That part of above described property which lies southwesterly of a line 38.00 feet northeasterly of and northwesterly of a line 33.00 feet
northeasterly of the southwesterly line of the above said property. -
v Area of Temporary Easement 500 sq. ft. = 0.011 acres
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Property Owner: Brion Genin
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3455 South Coon Creek Drive NW
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Andover MN 55304
Denotes
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Easement Scale
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PID No.: 29- 32 -24 -42 -0025
1" = 40'
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1 hereby certify that this survey, plan or report was prepared by me
Temporary Slope /Construction
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or under my direct supervision and that I am a duly Professional
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Hakanson
Easement Exhibit
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Licensed Land Surveyor under the lows of the State of Mlnnesota.
Anderson
f °r
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ccai Engineers and end sunercrs
Port of Government Lot 4
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Chorle . Christo herson, MN License No. 18420 Date
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ism 1LUrton Ave., M, . �fnnaoto 55303
763- 427 -5950 FAX )63-427 -0520
SHEETS
DAh 03/07/12 ME NO AD112
TEMPORARY SLOPE AND CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENT, Dale A. Molitor and Jamie W.
Molitor(collectively referred to herein as "Grantor "), hereby grant, and nvey to the CITY OF
ANDOVER, a Minnesota municipal corporation, Grantee, a p=mt9&ftt temporary easement
for slope and construction purposes, including, without limitation, the construction, maintenance,
repair and replacement thereof, and uses incident thereto, in, under and upon the real property, in
Anoka County, Minnesota described as follows: .
Lot 12, Block 2, KENSINGTON ESTATES, Anoka County, Minnesota.
Said temporary easement is described as follows: A 5.00 foot wide temporary
easement for construction and slope purposes over, under and across that part of
the above said Lot 12. The southwesterly line of said easement is described as
beginning at the most westerly corner of said Lot 12; thence southeasterly along
the southwesterly line of said Lot 12, being the distance of 70.00 feet and said line
and easement there terminating.
Said easement to expire
Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or
other material excavated from said temporary easement area, as the Grantee may find necessary
and to remove trees, brush, undergrowth and other obstructions interfering with the construction
of South Coon Creek Drive.
Grantors covenant that they are the owners of the temporary easement area and have the right,
title, and capacity to grant the temporary easement described above.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and
appurtenances thereunto belonging or in anyway appertaining to the said Grantee, for said
temporary slope and construction easement.
ADI 12 - Easement - 273224320062.docx
IN WITNESS WHEREOF, the parties have hereunto set their hands this c) � "day of
At.-CA , 2012.
By:
Dale A. Molitor
0
Bye `1
J W. Molitor
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this � /-day of 2012,
bQ ,— , who has caused these presents to be executed or have set their hand
the day and Year first above written.
DANA LYNN is IT'
y Ion .2Notary Public
Minnesota
018
Notary Pfiblic
NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of
Minnesota, has accepted on 10Avv 2012, the above described temporary easement in this
document.
Dated: arm, 0 , 2012.
THIS INSTRUMENT WAS DRAFTED BY:
Hakanson Anderson
3601 Thurston Avenue
Anoka, MN 55303
Telephone: 763-427-5860
AD 112 - Easement - 273224320062.docx
CITY OF 3OVER
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Temporary Slope /Construction
Easement Exhibit
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TEMPORARY EASEMENT DESCRIPTION/
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Lot 12, Block 2, KENSINGTON ESTATES, Anoka County, Minnesota.
Said temporary easement is described as follows: A 5.00 foot wide temporary easement for construction and slope purposes over, under
and across that part of the above said Lot 12. The southwesterly line of said easement is described as beginning at the most westerly
corner of said Lot 12; thence southeasterly along the southwesterly line of said Lot 12, being the distance of 70.00 feet and sold line
and easement there terminating.
Area of Roadway Easement 341 sq. ft. = 0.008 acres
Property Owner: Dale & Jamie Molitor
2349 South Coon Creek Drive NW
Andover MN 55304 Denotes
PID No.: 27- 32 -24 -32 -0062
I hereby certify that this survey, plan or report was prepared by me
or under my direct supervision and that I am a duly Professional
Licensed Land Surveyor under the laws of the State of Minnesota.
03/07/12 I Cb➢'Engineers and Land s-reyors
MN License No. 18420 Dote 3601 Thure l AvS Mokn, Wi ms.t. 55303
E¢se7nent Scale
1 " =40'
Temporary Slope /Construction
SHEET
Easement Exhibit
1
for
Lot 12, Block 2,
OF
KENSINGTON ESTATES
1
03/07/12 1 RLE No. AD1 22
SHEETS
TEMPORARY SLOPE AND CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENT, Gerald R. and Jane M.
Trabant(collectively referred to herein as "Grantor "), hereby grant, and convey to the CITY OF
ANDOVER, a Minnesota municipal corporation, Grantee, a temporary easement for slope
and construction purposes, including, without limitation, the construction, maintenance, repair
and replacement thereof, and uses incident thereto, in, under and upon the real property, in
Anoka County, Minnesota described as follows:
Lot 39, Block 1, KENSINGTON ESTATES, Anoka County, Minnesota.
Said temporary easement is described as follows:
A 5.00 foot wide temporary easement for construction and slope purposes over
under and across that part of the above said Lot 39. The southwesterly line of
said easement is described as beginning at the most southerly comer of said Lot
39; thence northwesterly along the southwesterly line of said Lot 39, being the
northeasterly right -of -way of South Coon Creek Drive, a distance of 150.00 feet
and said line and easement there terminating.
Said temporary easement to terminate on
Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or
other material excavated from said easement area, as the Grantee may find necessary and to
remove trees, brush, undergrowth and other obstructions interfering with the construction of
South Coon Creek Drive.
Grantors covenant that they are the owners of the temporary easement area and have the right,
title, and capacity to grant the temporary easement described above.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and
appurtenances thereunto belonging or in anyway appertaining to the said Grantee, for said
temporary slope and construction purposes.
AD112 - Easement - 273224320050.docx
IN WITNESS WHEREOF, the parties have hereunto set their hands this 41 of
i 1 2012.
By:�
Gerald R. Trabant
By: ' ' ✓�
Jane M. Trabant
STATE OF MINNESOTA
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this ) lay 0 2012,
by Gerald R. and Jane M. Trabant, who has caused these presents to be executed or have set their
hand the day and year first above written.
5Z:., MICHELLE L. HARTNER *No ary Public
'.11 € Notary Public
` -?< Mkinesota
My Commission Expires Janpscy 31. 2015 ,
NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of
Minnesota, has accepted on , 2012, the above described temporary easement in this
document.
Dated:
2012.
THIS INSTRUMENT WAS DRAFTED BY
Hakanson Anderson
3601 Thurston Avenue
Anoka, MN 55303
Telephone: 763-427-5860
AD 112 - Easement - 273224320050.docx
CITY OF ANDOVER
Temporary Slope /Construction
Easement Exhibit
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TEMPORARY EASEMENT DESCRIPTION
Lot 39, Block 1, KENSINGTON ESTATES, Anoka County, Minnesota.
Said temporary easement is described as follows:
A 5.OD foot wide temporary easement for construction and slope purposes over under and across that part of the above said Lot 39.
The southwesterly line of said easement is described as beginning at the most southerly comer of said Lot 39; thence northwesterly along
the southwesterly line of said Lot 39, being the northeasterly right -of -way of South Coon Creek Drive, a distance of 150.00 feet and said
9,
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line and easement there terminating.
Area of Roadway Easement 738 sq. ft. = 0.017 acres
Property Owner: Gerold & Jane Trobant
E
2215 South Coon Creek Drive NW
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Andover MN 55304 :1 Denotes
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PID No.: 27- 32 -24 -32 -0050 - -J Scale
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1 hereby certify that this survey, plan or report was prepared by me
-.
Temporary Slope/Construction
SHEET
or under my direct supervision and that I am o duly Professional
- Hakanson
Easement Exhibit
Licensed Land Surveyor nder the laws of the State of Minnesota,
1
Anderson
for
OF
Lot 39, Block 1,
03/07/12
Civil E<,9;n« o.d -and suNeyc,a
KENSINGTON ESTATES
1
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Charles R. ristopherson, AN License No. 18420 Date
S6D1 il�427- 86D FAY 7 3-427- 520
>9 }_42> n A r4X >E3 -42> -0520
SHE"TS
M1E 03/07/1 2 FllE N0. AD112
A • �.> (!i)
INDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
To: Mayor and Council Members
CC: Jim Dickinson, City Administrator >N.)
David Berkowitz, Director of Publ' i s /City Engineer
From: Kameron Kytonen, Natural Resources Technician
Subject: Accept 2012 -2014 DNR Forest Bonding Grant (Project #12 -24) -
Engineering
Date: April 17, 2012
INTRODUCTION
The City Council is requested to accept a Forest Bonding grant through the Minnesota
Department of Natural Resources (DNR) to help pay for trees to be planted by city staff and
volunteers on various public properties.
DISCUSSION
Many of our public properties, including our Fire Stations and parks, would benefit by
planting a variety of native trees. Invasive insects and diseases continue to threaten our
existing trees. Emerald Ash Borer (EAB) is a prime example of this. Although it hasn't
been found in Andover yet, it's just a matter of time. Ash was heavily planted in our parks in
the past, and many will die from EAB. Thus, it's a good time to seek funds for purchasing
and planting more trees.
BUDGET IMPACT
The City was awarded $15,000 for the grant, which will be used to pay for the trees from
nurseries. There is no match requirement, but the City will be spending significant in -kind
time planning and coordinating tree planting projects at the various sites.
ACTION REQUESTED
It is requested that City Council accept the DNR Forest Bonding grant.
Respectfully submitted,
ameron Kyto en
Natural Resources Technician
Attach: Grant "signature page"
Attachment 1B (Declaration)
Exhibit A to Declaration
IN TESTIMONY HEREOF, the Public Entity and the DNR have executed this General
Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting or Planting for Diversity
under the diseased shade tree removal and replacement program on the day and date indicated
immediately below their respective signatures.
PUBLIC ENTITY:
City of Andover,
a political subdivision of the State of Minnesota
By: _
Name:
Its:
Dated:
By: _
Name:
Its:
Dated:
STATE ENTITY:
DEPARTMENT OF NATURAL RESOURCES
By:
Name: Wayne Damerow
Its: Assistant Director, Division of Forestry
Dated:
ENCUMBERED:
Sonia Ontiveros
Accounting Officer Senior
Dated: 4/05/2012
SWIFT Contract # 44146
SWIFT PO # 3 -16322
14
ATTACHMENT IB
DECLARATION
State of Minnesota
General Obligation Bond Financed Property
The undersigned has the following interest in the real property located in the County of
Anoka , State of Minnesota that is legally described in Exhibit A attached and all facilities
situated thereon (collectively referred to as the "Restricted Property "):
(Check the appropriate box.)
Ex a fee simple title, or
FJan easement,
and as owner of such fee title or easement, does hereby declare that such interest in the Restricted
Property is hereby made subject to the following restrictions and encumbrances:
A. The Restricted Property is bond financed property within the meaning of Minn. Stat. Sec.
16A.695, is subject to the encumbrance created and requirements imposed by such statute,
and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of
the Commissioner of Minnesota Management and Budget, which approval must be evidenced
by a written statement signed by said commissioner and attached to the deed, mortgage,
encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and
B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations
contained in the General Obligation Bond Proceeds Grant Agreement for Tree Removal and
Replanting or Planting for Diversity between the Department of Natural Resources and
dated (the "G.O. Grant
Agreement').
The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond
Financed Property Declaration for 125% of the useful life of the Restricted Property or until the
Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and
Budget, at which time it shall be released there from by way of a written release in recordable form signed
by both the Commissioner of the Department of Natural Resources and the Commissioner of Minnesota
Management and Budget, and such written release is recorded in the real estate records relating to the
Restricted Property. This Declaration may not be terminated, amended, or in any way modified without
the specific written consent of the Commissioner of Minnesota Management and Budget.
a political subdivision of the State of Minnesota
By: _
Name:
Title:
Dated: 120
STATE OF MINNESOTA )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, by , the of a political
subdivision of the State of Minnesota.
Notary Public
This instrument was drafted by:
Ken Holman
Community Forest Program Coordinator
Minnesota Department of Natural Resources
Division of Forestry
500 Lafayette Road
St. Paul, MN 55155 -4044
Exhibit A to Declaration
LEGAL DESCRIPTION OF RESTRICTED PROPERTY
[Insert a legal description of the property where the Program Grant will be used.]
1. THAT PRT OF NE1 /4 OF SEC 33T32 R24 DESC AS FOL: COM AT NW COR OF OUTLOT A BUNKER
LAKE ESTATES, TH S ALG W LINE OF SD OUTLOT A 127 FT, TH W AT RT ANG 110 FT, TH NWLY
DEFLTO RT 28 DEG 47 MIN 10 SEC 20 2.98 FT TO POB TH CONT NWLY ALG LAST DESC LINE
39.42;13875 Crosstown Blvd. Andover, MN 55304; PIN: 333224140038
2. THE N300FTOFS804 .77FTOF THAT PRTOFSWI /4 OFSW1 /4 OF SEC 8 TWP 32 RGE 24 LYG E
OF C/L OF CSAH NO 58, EX RD, SUBJ TO EASE OF REC; 16603 Valley Dr. Andover, MN 55304; PIN:
083224330036
3. Northglen Northglen (Park); 14057 Rose St. Andover, MN 55304; PIN: 323224120072
4. Park Country Oaks West; 1065 162nd Ln. Andover, MN 55304; PIN: 143224130078
5. Park Oak Bluff Subj to Ease of Rec; 14757 Bluebird St. Andover, MN 55304; PIN: 263224210020
4
TO: Mayor and Council Members \
CC: Jim Dickinson, City Administrator
David D. Berkowitz, Director of Publ c Wo s ity Engineer
FROM: Jason J. Law, Asst. City Engineer
SUBJECT: Award Bid /12- 02a,12- 02b,12- 02c,12 -08 & 12- 13/2012 Street Reconstruction
( Ivywood Estates, Johnsons Oakmount Terrace, 147th Avenue NW, 2012 Curb,
Sidewalk, Ped. Ramp Repairs & Sunshine Park Parking Lot Expansion- Engineering
DATE: April 17, 2012
INTRODUCTION
The City Council is requested to receive bids and consider award of the contract for the 2012 Street
Reconstruction Projects; 12 -02A Ivywood Estates, 12 -02B Johnsons Oakmount Terrace, 12 -02C 147"
Avenue NW Reconstruction, 12 -08 2012 Curb, Sidewalk and Ped. Ramp Repairs, and 12 -13 Sunshine
Park Parking Lot Expansion.
DISCUSSION
The street reconstruction program is an effective and cost efficient means of rehabilitating deteriorated
roadways. This program allows the City to maintain a high quality transportation system, while limiting
on -going maintenance costs on the sections of roadway in most need of repair.
The project is to be awarded based upon the lowest responsible total bid. Bids received for the 2012
Street Reconstruction projects included the Base Bid plus Bid Alternate 1 (RCP Storm Sewer) and Base
Bid plus Bid Alternate 2 (HDPE Storm Sewer). Staff is recommending the Base Bid plus Bid Alternate 1
be awarded. The 2012 Curb, Sidewalk, and Ped. Ramp Repairs and the Sunshine Park Parking Lot
Expansion are both included under the Base Bid for each option.
The bid opening was held on April 12, 2012. The three lowest bids received are as follows:
Contractor
Rum River Contracting Co.
Hardrives, Inc.
ASTECH Corp.
Engineer's Estimate
Base Bid + Alt. 1
$677,629.02
$776,518.11
$821,369.50
$850,770.50
Base Bid + Alt 2
$678,362.02
$782,949.20
$828,291.00
$827,348.50
Please refer to the attached bid tabulation for a breakdown of bids and unit prices.
BUDGETIMPACT
The street reconstruction projects would be funded from the City's Road & Bridge Fund, with 25% of the
total street reconstruction project costs being assessed to the benefiting properties in accordance with the
Mayor and Council Members
April 17, 2012
Page 2 of 2
City's Assessment Manual Policies and Procedures Guide. The 2012 Curb, Sidewalk and Ped. Ramp
Repair project would be funded from the City's Road & Bridge Fund. The Sunshine Park Parking Lot
Expansion would be funded from Park Dedication Funds.
ACTION REQUIRED
The City Council is requested to approve the resolution accepting bids and awarding the contract for the
Base Bid and Bid Alternate 1 to Rum River Contracting, Inc. in the amount of $677,629.02 for Projects
12 -02A Ivywood Estates, 12 -02B Johnsons Oakmount Terrace, 12 -02C 147`" Avenue NW
Reconstruction, 12 -08 2012 Curb, Sidewalk and Ped. Ramp Repairs, and 12 -13 Sunshine Park Parking
Lot Expansion.
X7;zd,
Jason J. Law
Attachments: Resolution, Location Maps, Bid Tabulation
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NOS. 12 -02A Ivywood Estates, 12 -02B Johnsons
Oakmount Terrace, 12 -02C 147th Avenue NW Reconstruction, 12 -08 2012 Curb,
Sidewalk & Ped. Ramp Repairs, and 12 -13 Sunshine Park Parking Lot Expansion,
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution
No. dated 2012, bids were received, opened and tabulated according
to law with results as follows:
Contractor Base Bid+ Alt. 1 Base Bid + Alt 2
Rum River Contracting Co. $677,629.02 $678,362.02
Hardrives, Inc. $776,518.11 $782,949.20
ASTECH Corp. $821,369.50 $828,291.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby accept the bids as shown to indicate
as being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to
enter into a contract with Rum River Contracting, Inc. in the amount of
$677,629.02. (Base Bid & Alternate #1) 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 two lowest bidders shall be
retained until the contract has been executed and bond requirements met.
MOTION seconded by Council member
and adopted by the City
Council at a regular meeting this 17th day of April , 2012 , with Council
members voting in favor
of the resolution, and Council members
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner — Deputy City Clerk
voting
L
E G E N D
Project Location
Lots /Parcels
Park
Water
Right of Way
City Limits
Capital Improvement Plan
Project Name: ANNUAL STREET RECONSTRUCTION (2012)
IVYWOOD ESTATES
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Project Name: MUNICIPAL STATE AID ROUTES
RECONSTRUCT 2012
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO:
CC:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Jim Dickinson, City Administrator
Michelle Hartner, Deputy City Cler
Outdoor Event Date Change /Tanners Station
April 17, 2012
INTRODUCTION
Tanners Station outdoor event date change.
DISCUSSION
At the March 20, 2012 Council meeting, City Council approved the request from Tanners
Station for an outdoor event on July 27, and 28, 2012. Due to a band conflict Tanners
Station is requesting approval to change the date to Friday, July 20, and Saturday, 21,
2012.
ACTION REQUIRED
Council is requested to approve the date change for the extension of liquor license request
submitted by Tanners Station to July 20th & 21st, 2012.
Respectfully submitted,
Michelle Hartner
Deputy City Clerk
Attach: Outdoor Event Application
NDS (E'T ID A`lS AND
OUTDOOR �i�lJN is AR;� � � AUGUST- L+ STABLiSMi 47,NTS ARE'
SATURDAYS) 3N JUNE)
ALL{9ti��� O.. IEVT,N'T WEEWN PT,gt CALF+�NT}AXaYEAR- EVU+;'1I MUST
l
,NP AT
. rll�ry Gx7C.
Commercial 0utcloor Event
A lics�tioza
1. Natne of Business Owner:_.----_
Name
Address of Business:
Ptionc Numler of jusiness: r its3 � lc1 � 51�� ________. - -_
2. Date(s) of Outdoor Event: 1.
3. Tillie of Event:
its 1� • ��ea �L � �•.l ._. �y' `��t`�.
4. Location of Tent and/or Band:
eandlor
(E'ravid a sketch on the back of this indicating, otboundary 1 xte.5 a uilding
hao.d wilt be located
on, he property,
locations.)
5. E:�tension of Liquor License: Yes
No
G. Pieaae provide'verification .C•rom your insurance Cotnpiny indicating your liability
insuihnee provides coverage outside of the premise.
Alzplicant o$ this application Fill comply With A- udover City Code 5 -6, Noise
Control. The business is required to Prov e,
security fort outdoor event.
Dated Owner's Signature
Approved:_____ i)enied City Clerk -`°�—
x A roved Denied l�ate:�. "�v
{.DL�nGil Action: - _"_-CC pp
IT21 U F
[DOVE"
TD "
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
FROM: Lt. Shelly Orlando - Anoka County Sheriff's Office
SUBJECT: Anoka County Sheriffs Office Monthly Report - Sheriff
DATE: April 17, 2012
INTRODUCTION
Lt. Shelly Orlando from the Anoka County Sheriffs Office will be present to provide the
Council and the citizens of Andover with an update on law enforcement activities within the
City. Attached is a copy of the March 2012 monthly report.
DISCUSSION
To be verbally presented.
ACTION REQUIRED
For Council information.
Respectfully submitted,
Lt. Shelly Orlando
Anoka County Sheriffs Office
Attachment: March 2012 Monthly Report
CITY OF ANDOVER — MARCH 2012
ITEM
MARCH
FEBRUARY
YTD 2012
MARCH
YTD 2011
Radio Calls
794
628
2,190
2,124
Incident Reports
719
644
1,975
1,757
Burglaries
8
5
16
13
Thefts
37
25
95
112
Crim.Sex Cond.
0
0
2
5
Assault
3
3
12
7
Dam to Prop.
20
8
37
26
Harr. Comm.
5
9
22
31
Felony Arrests
6
4
16
24
Gross Mis.
1
0
5
6
Misd. Arrests
27
19
62
48
DUI Arrests
7*
3
16
27
Domestic Arr.
1
2
8
15
Warrant An.
1 3
1 4
1 12
1 21
Traffic Arr.
189
193
576
408
DUI OFFENSES:
DAY
OF
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
WEEK:
TIME:
21:02
20:25
14:22
21:40
00:42
22:37*
'
16 :44
* Indicates 1 Underage Drink and Drive arrest.
CITY OF ANDOVER — MARCH 2012
COMMUNITY SERVICE OFFICER REPORT
ITEM
MARCH
FEBRUARY
YTD 2012
MARCH
MA MA CH
Radio Calls
81
61
217
262
Incident Reports
94
59
227
275
Accident Assist
5
1
8
23
Veh. Lock Out
19
11
50
92
Extra Patrol
48
128
257
630
House Check
3
0
14
67
Bus. Check
0
5
6
16
Animal Compl.
32
20
75
81
Traffic Assist
13
6
25
25
Aids: Agency
37
53
168
472
Aids: Public
27
47
90
76
Paper Service
0
0
0
0
Inspections
1
1
2
0
Ordinance Viol
1
1
7
7
a
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrat
Dave Carlberg, Community Development Director
FROM: Andrew Liska, Associate Planner bV
SUBJECT: PUBLIC HEARING: Conditional Use Permit 12 -03 Commercial Animal Training at
3131 161" Avenue NW - Planning
DATE: April 17, 2012
INTRODUCTION
The applicant is seeking a conditional use permit for commercial animal training. Commercial
animal training is permitted as a conditional use in General Business zoned districts. The 4.8 acre
parcel is located off of 161st Ave. NW and shares a drive access and parking lot with Andover
Liquor. The proposed building to host the commercial animal training is 1,500 square feet and
will require no physical changes to the interior or exterior. All training will take place indoors
and there will be no outdoor space used.
DISCUSSION
The applicant has been offering in -home canine training for the past five years. She is now
looking for a location to expand to provide group and flexible training sessions. The facility
would be used to host up to ten dogs and their owners specializing in a variety of obedience-
based classes.
Days and Hours of Operation
The applicant stated the days of operation at the facility will be Saturday's and Sunday's along
with two week nights depending on the needs of the clients. On the weekends, there will be three
classes in the afternoon, each lasting one hour, and on weeknights, there will be one evening
class lasting one hour. Outside of class time, the facilities will be closed. This is strictly a space
for obedience training; there will be no boarding, grooming, or other related services present.
Traffic
The rural location of the proposed facility makes additional traffic associated with this business
easily handled by both 161St Ave NW and Round Lake Boulevard NW. This area generally has
light traffic and the minimal increase will not adversely affect the surrounding(oadways.
Parking
City Code 12 -13 -8 specifies the number of parking spaces required for various uses. Being that
the proposed space to be rented for commercial animal training shares a building/parking lot with
Andover Liquor, they are considered one entity. Retail store and service establishments require
one parking space per 200 square feet of floor area.
The space for the commercial animal training has a 1,500 square foot floor area and Andover
Liquor has 1,550 square feet of floor area. The total combined floor area is 3,050 square feet.
This would require 16 parking spaces in the lot. Currently, there are 16 spaces however; the
striping is not in accordance with City Code as seven of the 16 spaces are striped with blue paint.
Code 12 -13 -8 states all striping must be painted either white or yellow. Restriping could be done
on the existing paved parking lot and the minimum requirements met without any expansion.
Review Criteria
12 -14 -6 B: Criteria for Granting Conditional Use Permits:
1. In granting a Conditional Use Permit, the City Council shall consider the advice and
recommendation of the Planning and Zoning Commission and:
a. The effect of the proposed use upon the health, safety, morals, and general welfare
of occupants of surrounding lands.
b. Existing and anticipated traffic conditions, including parking facilities on adjacent
streets and land.
c. The effect on values of property and scenic view in the surrounding area, and the
effect of the proposed use on the Comprehensive Plan.
Planning Commission Recommendation
The Commission recommended approval of the proposed conditional use permit with the
conditions listed in the attached resolution on a 7 -0 vote.
ACTION REQUESTED
The City Council is asked to review the proposed conditional permit and to make any necessary
changes to the attached resolution to approve or deny the application.
Respectfully submitted,
.r
�A - -
1
Andrew Liska
Attachments
Resolution
Location Map
Aerial Photograph
Applicant's Letter
Planning Commission Minutes
Cc: Joann Neve 5701 Ambassador Blvd NW, Saint Francis, MN 55070
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR COMMERCIAL ANIMAL
TRAINING ON PROPERTY LOCATED AT 3131 — 161sT AVE NW LEGALLY DESCRIBED AS
FOLLOWS:
UNPLATTED CITY OF ANDOVER THAT PART OF THE SW1/4 OF NWIA OF SEC 16 -32 -24
DESC AS FOL -COM ON THE SE CORNER OF THE SWl /4 OF NWl /4 OF SEC 16- 32 -24 -TH WLY
ON S LINE OF SAID 1/4 A DIST OF 461 FT TO THE AC TUAL POINT OF BEG- TH NLY PRLL TO
THE E LINE OF THE SWIA OF NW1/4 TO A POINT A DIST OF 2,106.01 FT S OF THE N LINE OF
SEC 16- 32 -24 -TH WLY PRLL TO THE S LINE OF SAID 1/4 TO A POINT A DIST OF 650 FT E OF
THE W LINE OF THE SW1/4 OF NWl /4 -TH SLY PRLL TO THE E LINE OF THE SW1/4 OF NWl /4
A DIST OF 78.98 FT -TH WLY PRLL TO THE S LINE OF THE SWIA OF NWIA SEC 16 -32 -24 TO
A POINT 3.70.42 FT E OF THE WLI NE OF SAID 1 /4 -TH SLY PRLL TO THE W LINE OF THE
SW1/4 OF THE NW1/4 TO A POINT ON THE S LINE OF SAID 1/4 A DIST OF 370.42 FT E OF THE
SW CORNER OF THE SW1/4 OF THE NWl /4 OF SEC 16- 32 -24 -TH ELY ON SLIN E OF SAID 1/4
TO THE POINT OF BEG EX RD; SUBJ TO EASE OF REC.
WHEREAS, the applicant has requested approval of a conditional use permit for commercial animal
training on the subject property; and
WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the
health, safety, and general welfare of the City of Andover; and
WHEREAS, the Planning Commission recommends to the City Council approval of the lot split as
requested; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the
recommendation of the Planning Commission and the conditional use permit for commercial animal
training subject to the following conditions:
1. The shared parking lot meets the 16 space minimum number of stalls as required by City
Code.
2. All parking spaces shall be marked with yellow or white paint.
3. Training is limited to domestic canines found not to be potentially dangerous.
4. The entire operation is contained within the enclosure.
Adopted by the City Council of the City of Andover on this 17th day of April, 2012.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Michael R. Gamache, Mayor
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Parking Lot
Andover City Council
City of Andover
1685 Crosstown Blvd NW
Andover, MN 55304
Council Members,
Pack Leader Behavior 'Training
Please accept this letter, accompanying application and support materials as a request for issuance of a
Conditional Use Permit for the property at 3131 16155 Ave NW.
The 1500 sq. ft. location attached to the Andover Liquor Store is a wonderful spot, perfectly suited to
expand the offerings of Pack Leader Behavior & Training. For the past five years, Pack Leader Behavior &
Training has offered in -home dog training and behavior modification to dog owners in the Twin Cities
and surrounding areas. Now, with the addition of this facility, we can expand to provide group training
and flex training sessions to continue to educate owners and train dogs.
Physically, there will be no changes to the facility. My needs dictate a wide opened room with no
encumbrances. This large room will be used to give group classes to dogs and owners in one hour blocks
of time. The facility can house classes of 8 to 10 dogs in a class learning basic obedience, basic manners,
puppy obedience and socialization and other dog training type classes. Owners will be with their dogs at
all times. There will be no boarding, grooming or other services sometimes associated with this type of
facility. In addition, the group training classes will be offered at a nominal fee to local shelter and rescue
organizations to educate /train their foster parents and dogs to increase the adoption rate of their
animals.
I appreciate the consideration of this application and thank you in advance for your approval for me to
continue my work.
Respectfully
C' Y L t
Joann Neve
Pack Leader Behavior Et Training St. Francis, MN 763 - 242 -7475
Regular Andover Planning and Zoning Commission Meeting DRAFT
Minutes —April 10, 2012
Page 3
PUBLICHEARING: Conditional Use Permit (12 -03) for commercial animal training
facility at 3131 161' Avenue NW.
Mr. Liska noted the purpose of this item is to hold a public hearing and take input on a
commercial animal training facility at 3131 161St Avenue NW.
Mr. Liska reviewed the proposed conditional use permit with the Commission. The
proposed building to host the commercial animal training is 1,500 square feet and will
require no physical changes to the interior or exterior. All training will take place indoors
and there will be no outdoor space used. The facility will be used to host up to ten dogs
and their owners specializing in a variety of obedience -based classes. Staff had concerns
with the number of parking stalls as the striping was not in accordance with City Code as
they were striped with blue paint.
Commissioner Olsen questioned if the days and hours of operation would be limited to
this conditional use permit. Mr. Liska indicated there were no limitations to the hours of
operation within the conditional use permit.
Commissioner Nemeth questioned if the applicant understood the parking was a concern.
Mr. Liska stated the applicant was unaware the parking stalls were not in compliance.
Motion by Holthus, seconded by Cleveland, to open the public hearing at 7:10 p.m.
Motion carried on a 7 -ayes, 0 -nays, 0- absent vote.
Commissioner Holthus questioned how the applicant would bring the parking lot into
compliance.
Joann Neve, 5701 Ambassador Boulevard, stated she would take any action necessary to
assure that the lot was properly striped. She explained she was renting the site and did
not own the property.
Commissioner Gudmundson asked if any other employees would be working at this site.
Ms. Neve indicated she would handle the majority of the classes but had several contacts
that could be brought in to assist with classes.
Chairperson Daninger questioned who owned the building. Ms. Neve stated Andover
Liquors owned the site.
Chairperson Daninger inquired if signage would be posted on the building. Ms. Neve
explained she spoke with staff regarding this issue. She would be covering the existing
signs and was not requesting additional signage.
Chairperson Daninger asked how pet waste would be handled on site. Ms. Neve
indicated she would have waste stations outside of the building to assist pet owners in
properly disposing of waste. She would be responsible for emptying these waste stations.
Regular Andover Planning and Zoning Commission Meeting ���c�
Minutes —April 10, 2012
Page 4
Motion by Cleveland, seconded by Olsen, to close the public hearing at 7:14 p.m.
Motion carried on a 7 -ayes, 0 -nays, 0- absent vote.
Commissioner Cleveland questioned if an additional condition should be added to the
Resolution to address the pet waste disposal.
Chairperson Daninger indicated this could be added, but he was assured that the renter
was addressing the issue.
Motion by Cleveland, seconded by Nemeth, to recommend to the City Council approval
of Resolution No. , approving a conditional use permit for commercial animal
training on the property located at 3131 -161St Avenue NW with the following two
conditions:
1. The shared parking lot meets the 16 space minimum number of stalls as required
by City Code.
2. All parking spaces shall be marked with yellow or white paint.
Discussion:
Commissioner Gudmundson asked if the 16 parking spaces would be adequate. Mr.
Liska noted the square footage of the properties was calculated and 16 parking spaces
was the requirement.
Commissioner Gudmundson suggested the hours of operation be addressed in the
recommendation. She also requested that the site only be allowed to train domestic
animals. Mr. Bednarz indicated these issues could be addressed through a friendly
amendment as additional conditions for approval.
Friendly Amendment.
3. The site will only train domestic animals.
4. The training of the domestic animals will take place indoors.
Commissioner Cleveland and Commissioner Nemeth supported the friendly amendment
conditions.
Motion, as amended, carried on a 7 -ayes, 0 -nays, 0- absent vote.
Mr. Liska stated that this item would be before the Council at the April 17, 2012 City
Council meeting.
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
Dave Carlberg, Community Developm irector
FROM: Courtney Bednarz, City Planne
SUBJECT: Consider Conditional Use Permit — Temporary Storage of Fill — 16563 Hanson Boulevard
NW - Planning
DATE: April 17, 2012
INTRODUCTION
The applicant is requesting temporary storage of approximately 7,000 cubic yards of fill material
at the subject property in the location shown on the attached fill storage area maps. City Code
12 -12 requires a conditional use permit for stockpiling more than 400 cubic yards of material on
a property.
DISCUSSION
The applicant has an agreement with North Pine Aggregate Inc. to receive some of the material
that will be removed from Hanson Boulevard as part of this year's reconstruction project. The
material will be hauled to the subject property as the tire chips are removed from the site. It is
the applicant's intent to use the material to improve a farm road on their property as well as for
sale as part of the existing sod operation.
Engineering Department Review
As shown on the attached aerial photograph with floodplain boundaries, proposed storage area
`A' is located within the floodplain. As a result, City Code 14 -1 Flood Control Regulations
apply to the proposal. City Code 14- 1- 7B.2.d.(2) and (3) allow the proposed fill on a temporary
basis provided there is a plan for its containment and renlioval (attached). The Engineering
Department has provided the attached memorandum and conditions of approval have been added
to the attached resolution to address these items.
Lower Rum River Watershed Management Organization ( LRRWMO)
A permit from the LRRWMO is also required for the stockpile due to the fact that a portion of
the area of the property where the material will be stored is within the floodplain. The consulting
engineer has recommended approval of this permit which will also address erosion control
measures around the stockpile.
A separate permit from the LRRWMO and potentially MPCA will be required to use the
material to improve a farm road within the floodplain to ensure no net fill or other adverse
impacts are created. The applicant will need to finalize a construction plan for the farm road in
order to make application for these permits. As outlined in the attached Engineering Department
Memorandum and conditions of the attached resolution, dates for achieving approval of the plan
and /or removal of the stockpile are provided to ensure the stockpile does not remain indefinitely
on the site.
Gas Pipeline
A natural gas pipeline traverses the site from northwest to southeast. Trucks will be crossing the
pipeline to deliver material. A compacted berm has been installed by North Pine Aggregate, Inc.
and inspected by the pipeline operator (Koch Industries, Inc.)
Transportation
Hanson Boulevard will be closed to through traffic during construction which will allow the
material to be safely moved to the site. Due to the fact that a portion of the material will be
exported through the sod operation, the conditions from previous approvals requiring signage
and watering of the roadway on the site are included in the attached resolution.
Displacement
The storage areas are located a significant distance away from adjacent homes and roads as
shown on the attached maps. Silt fence and seeding to establish groundcover on the stockpile
will be required through the LRRWMO permit.
Conditional Use Permit Criteria
City Code 12 -14 -6 B. provides the following criteria for granting conditional use permits:
1. In granting a Conditional Use Permit, the City Council shall consider the advice and
recommendation of the Planning and Zoning Commission and:
a. The effect of the proposed use upon the health, safety, morals and general
welfare of occupants of surrounding lands.
b. Existing and anticipated traffic conditions, including parking facilities on
adjacent streets and land.
c. The effect on values of property and scenic views in the surrounding area, and
the effect of the proposed use on the Comprehensive Plan.
2. If it shall determine by resolution that the proposed use will not be detrimental to the
health, safety, morals, or general welfare of the community, nor will cause serious
traffic congestion or hazards, nor will seriously depreciate surrounding property values,
and that said use is in harmony with the general purpose and intent of this title and the
Comprehensive Plan, the City Council may grant such permits.
Planning Commission Recommendation
The Commission unanimously recommended approval of the proposed conditional use permit
with the conditions listed in the attached resolution.
ACTION REQUESTED
The Council is asked to approve or deny the proposed conditional use permit.
Attachments
Resolution
Location Map
Letter from Applicant
Fill Storage Areas
Fill Storage Areas (Detail)
Aerial Photograph with Floodplain Boundary
Engineering Department Memorandum
City Code 14- 1- 7B.2.d.(2) and (3)
Conditional Use Permit Application
Planning Commission Minutes
Resp tfu submitted,
Cou n 'y ednarz
Cc: Dennis Kuiken 16563 Hanson Boulevard NW
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
aii
A RESOLUTION GRANTING CONDITIONAL USE PERMIT FOR REQUEST TO
STOCKPILE FILL AT 16563 HANSON BOULEVARD NW LEGALLY DESCRIBED AS:
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11
TOWNSHIP 32 RANGE 24, EXCEPT THE SOUTH 330 FEET OF THE WEST 687 FEET
THEREOF; ALSO EXCEPT ROAD AND SUBJECT TO EASEMENTS OF RECORD
WHEREAS, Dennis Kuiken. has requested a conditional use permit for stockpiling of fill
on the subject property; and
WHEREAS, City Code 12 -12 requires a conditional use permit for importing more than 400
cubic yards of material; and
WHEREAS, the Planning Commission held a public hearing and has reviewed the request and
recommends approval of the conditional use permit; and
WHEREAS, the City Council finds he request would not have a detrimental effect upon the
health, safety, morals, and general welfare of the City of Andover; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning and Zoning Commission and approves the
conditional use permit on said property with the following conditions:
1. The applicant shall obtain a permit from the Lower Rum River Watershed Management
Organization for stockpiling of fill prior to the material being brought to the subject
property.
2. The applicant shall provide to the city documentation from the Anoka Conservation
District that the proposed project will not impact wetlands.
3. The applicant shall submit a plan for review by the Minnesota pollution Control Agency
to determine if an NPDES permit is required.
4. Material shall be stored only in the area shown on the `Fill Storage Areas Plans' stamped
received by the City of Andover March 22, 2012.
5. The applicant shall obtain city and Lower Rum River Watershed District approval for the
end use of the fill material prior to September 28, 2012.
6. If city and Lower Rum River Watershed District approval for the end use of the fill
material is not achieved prior to September 28, 2012, all fill material shall be removed
from the subject property, the site shall be graded to the pre- existing topographic
elevations and all disturbed areas shall be seeded and mulched by November 2, 2012.
7. All material shall be utilized in compliance with the City Code and Lower Rum River
Watershed Management Organization requirements or removed from the site by
September 27, 2013. The site shall also be restored as provided in Condition #6 above.
8. During transportation of material the roadway on the subject property shall be regularly
watered to control dust and signs shall be posted to alert traffic that trucks are hauling
material from the access to Hanson Boulevard.
This permit shall be subject to annual site inspection to determine compliance with the
City Code and the conditions of this permit.
Adopted by the City Council of the City of Andover on this day of , 2012.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Michael R. Gamache, Mayor
1 b-bW- `
Incorporated
1974
Conditional Use Permit
Temporary Storage of Fill
16563 Hanson Boulevard NW
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Request for stockpile of sand from County project of
reconstruction of Hanson Blvd.
A) Shall be no effect on other properties in
area accept by landowner (Dennis Kuiken).
B) Hanson Blvd. will be closed during hauling
of sand, so no effect on traffic will occur.
C) Sand stockpile will not be visible from
Hanson Blvd or any other land owners.
D) Sand will be used as ; for sale to be hauled
out; and to resurface roads around our sod farm.
Also a future road to Ward lake road, with
approval as needed.
E) Time estimated for stockpile to be removed
will be 4-y-&�. z �s
F) Property values will not be affected in the area.
G) Stockpile will have silt fence around area to
prevent erosion.
H) Stockpile will be seeded to prevent blowing
of sand.
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C I T 1' O 6V
F
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
MEMORANDUM
TO: Courtney Bednarz, City Planner
CC: David D. Berkowitz, City Engineer /Director of Public Works.
FROM: Todd J. Haas, Asst. Public Works Director
SUBJECT: 2012 Kuiken CUP /Stockpiling
DATE: April 4, 2012
The Engineering Department has reviewed the request by applicant, Dennis Kuiken, to
stockpile material on his property. These comments provided are separate comments
from the tire stockpiles that have already been approved by the City of Andover.
It is recommended that the following stipulations be provided in the resolution that will
be considered by the Planning and Zoning Commission as part of the review of the
CUP. The recommendations are as follows:
1. Need to verify with the Anoka Conservation District (ACD) that wetlands will not
be impacted. A written correspondence from ACD will be required.
2. It is the City staff's understanding that the material from the Hanson Boulevard
reconstruction project is proposed to be stocked piled and stored on the Kuiken
property and would be used for possibly constructing new farm roads or
reconstructing existing farm roads owned property owner. To avoid the stock
piling of this material for a lengthy period of time (in this case possibly up to 2
years as requested by the applicant), it is recommended by the Engineering
Department that the applicant/property owners obtain all necessary permits for
constructing new farm roads or reconstructing of existing farm roads from the
city and obtain the necessary permits from the Lower Rum River Watershed
Management Organization ( LRRWMO). If the property does not obtain the
necessary permits from City and the LRRWMO by September 28, 2012, it is
recommended to be indicate in the resolution that all stockpiles must be
removed, graded to the original elevations and all disturbed areas from the
stockpile be restored (seeded and mulching, etc.) by November 2, 2012. If the
property does receive approval from the City and the LRRWMO for the
construction or reconstruction of the farm roads by September 28, 2012, the
applicant /property owner would be allowed up to 1 year required to construct the
new farm roads or reconstruct of the existing farm roads. The time frame for this
to be done is recommended to be September 27, 2013. Note: The reason for
the approval from the City is needed is due to the existing floodplain where the
new farm roads or reconstructed farm roads would be located. The change in
the elevation of the floodplain by City Code is not allowed and to ensure that
this is not happening, review by the City will be necessary.
3. The proposed stockpile will need approval from the LRRWMO. It is suggested
that the current plan that was approved by the LRRWMO for the tire stockpile
be revised to identify the stockpile of material that is coming from Hanson
Boulevard project. Hauling of this material prior to approval by the watershed
will be violation. The next LRRWMO meeting is scheduled for April 1gth. If the
appli1
cant is unable to submit for this meeting, the next meeting would be May
4. It is the applicant and /or the property to determine if a MPCA NPDES permit will
be required for the site. It is recommended to include this in the resolution.
Oiry ac* 14 -1 -7 6.2.
b. Procedures And Standards: All floodway conditional uses shall
be subject to the procedures and standards contained in
Subsection 14 -1 -14C of this chapter.
c. Permitted In Underlying Zoning District: The conditional use shall
be permissible in the underlying zoning district.
(1) Fill, dredge spoil and all similar materials deposited or
stored in the floodplain shall be protected from erosion by
vegetative cover, mulching, riprap or other acceptable
method.
(2) Dredge spoil sites and sand and gravel operations shall
not be allowed in the floodway unless a long term site
development plan is submitted which includes an
erosion /sedimentation prevention element to the plan.
(3) As an alternative, and consistent with Subsection B2d(2)
of this section, dredge spoil disposal and sand and gravel
operations may allow temporary, on site storage of fill or
other materials which would have caused an increase to the
stage of the 100year or regional flood but only after the
governing body has received an appropriate plan which
assures the removal of the materials from the floodway
based upon the flood warning time available. The
Conditional Use Permit must be title registered with the
property in the office of the County Recorder.
e. Accessory Structures:
(1) Accessory structures shall not be designed for human
habitation.
(2) Accessory structures, if permitted, shall be constructed
and placed on the building site so as to offer the minimum
obstruction to the flow of floodwaters.
(A) Whenever possible, structures shall be
constructed with the longitudinal axis parallel to the
direction of flood flow; and
(B) So far as practicable, structures shall be placed
approximately on the same flood flow lines as those
of adjoining structures.
the approval from the City is needed is due to the existing floodplain where the
new farm roads or reconstructed farm roads would be located. The change in
the elevation of the floodplain by City Code is not allowed and to ensure that
this is not happening, review by the City will be necessary.
3. The proposed stockpile will need approval from the LRRWMO. It is suggested
that the current plan that was approved by the LRRWMO for the tire stockpile
be revised to identify the stockpile of material that is coming from Hanson
Boulevard project. Hauling of this material prior to approval by the watershed
will be violation. The next LRRWMO meeting is scheduled for April 19th. If the
applicant is unable to submit for this meeting, the next meeting would be May
17 h.
4. It is the applicant and /or the property to determine if a MPCA NPDES permit will
be required for the site. It is recommended to include this in the resolution.
t
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 o WWW.CI.ANDOVER.MN.US
CONDITIONAL USE PERMIT
Property Address
C "-b I I 0 61 cr<e5
Legal Description of Property (if legal is lengthy, please attach a separate sheet):
Lot Block Ad
I
PIN
(If metes and bounds, attach the complete legal description)
Note: If the legal is not provided, the application will not be considered to be
complete.
Is the property Abstract or Torrens (to verify this call the Anoka County Office at
(763) 323 -5400 with the property PIN number).
Abstract _x Torrens
iptionofRequest jw Cc biL
iee r r r
Section of Ordinance
Current Zoning_
Name of Applicant t �� vQ n
Address
S
Home Phone Bu 'uess Phoner.� Fax
Signature , r Date 3 'oZ.2 - J1
CONDITIONAL USE PERMIT
PAGE 3
Note: The following is information that all applicants should read and understand.
CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT REQUEST
In granting a Conditional Use Permit request, the City Council shall consider the advice
and recommendation of the Planning and Zoning Commission and:
• The effect of the proposed use upon the health, safety, morals and general welfare
of occupants of surrounding lands.
• Existing and anticipated traffic conditions including parking facilities on adjacent
streets and lands.
• The effect on values of property and scenic views in the surrounding area.
• The effect of the proposed use on the Comprehensive Plan.
CONDITIONAL USE PERMIT PROCESS
• A Public Hearing Notice will be sent out to all property owners and residents
within 350' feet of the applicants' proposed property.
• A sign stating "Proposed Land Use Change" is placed on the applicants' property
to inform interested resident of the public hearing. (For Public Hearing
information please call the informational hotline at 767 - 5126). -
• City staff will conduct an on site inspection which includes taking pictures of the
property for the Planning and Zoning meeting.
• A staff report is prepared on the Friday before the Planning and Zoning
Commission meeting. This report can be obtained by calling City Hall (755 -
5100). It is important that the applicant attend the Planning and Zoning
meeting.
• Questions may be addressed to the applicant from the public or commission
members.
• The Plamiing and Zoning Commission will vote to forward the item to the City
Council with a recommendation of approval or denial. The Commission may also
table the item in order to obtain further information.
a The City Council will make a final decision on the item.
3
Regular Andover Planning and Zoning Commission Meeting ®���
Minutes —April 10, 2012 s
Page 5
PUBLIC HEARING: Conditional Use Permit (12 -02) for temporary storage of fill
from Hanson Boulevard at 16563 Hanson Boulevard NW.
Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on
the temporary storage of approximately 7,000 cubic yards of fill material at 16563
Hanson Boulevard.
Mr. Bednarz reviewed the proposed conditional use permit with the Commission. He
stated City Code 12 -12 requires a conditional use permit for stockpiling more than 400
cubic yards of material on a property. Review by the watershed district was also needed
because the material would be stored in a flood plain. The city did receive an amended
approval from the watershed district. The engineering department does have concerns
with the length of time the material would be stored on site.
Mr. Bednarz discussed the item further and recommended approval of the conditional use
permit allowing the temporary storage of fill with nine conditions.
Commissioner Holthus questioned if the wetlands would be impacted by the fill storage.
Mr. Bednarz stated the studies have shown that the wetlands would not be impacted. The
areas being utilized were previously used for material storage. He explained a permit
would be required from the watershed district and possibly the state if more than an acre
of the site was disturbed for the farm road.
Commissioner Gudmundson asked if an interim permit should have been used for this
request. Mr. Bednarz stated the conditional use permit process has been used for the past
30 years for temporary material storage. However, recent case law is indicating interim
use permits would address this issue. At this time, the city would like to proceed with a
conditional use permit.
Commissioner Olsen inquired when the material would be stockpiled. Mr. Bednarz
stated as soon as the Hanson Boulevard project begins, which was anticipated to begin
the end of April or early May.
Commissioner Olsen asked what percentage of the material would be used for the farm
road. Mr. Bednarz stated the request before the Commission was for the stockpiling of
material and the farm road would be a separate request.
Commissioner Nemeth inquired how the storage would be handled if the Hanson
Boulevard road project were delayed. Mr. Bednarz explained the applicant would need
to apply for an amendment to the conditional use permit.
Commissioner Holthus noted once the letter was received from Anoka Conservation
District, the dates within the conditional use permit would be followed. Mr. Bednarz
stated the farm road and the location would have to be determined to assure the wetlands
were not affected, and be reviewed by the .watershed district.
Regular Andover Planning and Zoning Commission Meeting �����
Minutes —April 10, 2012
Page 6
Motion by Olsen, seconded by Cleveland, to open the public hearing at 7:32 p.m.
Motion carried on a 7 -ayes, 0 -nays, 0- absent vote.
Commissioner Olsen questioned how much lineal feet in roadway was proposed to be
upgraded.
Dennis Kuiken, 16563 Hanson Boulevard, stated he was proposing to push a roadway to
his landlocked 40 -acre parcel. He stated if the sand was not able to be used in this
manner, he would sell the sand or use it to resurface his existing roadways. He was not
concerned that he would be able to use the sand.
Chairperson Daninger asked if the applicant was aware of the dates within the conditional
use permit. Mr. Kuiken understood the timeline.
Motion by Cleveland, seconded by Gudmundson, to close the public hearing at 7:38 p.m.
Motion carried on a 7 -ayes, 0 -nays, 0- absent vote.
Commissioner Gudmundson inquired if the road issue would come back to the Planning
Commission. Mr. Bednarz stated it would not. The road location would be reviewed by
the Lower Rum River Watershed District and reviewed by the city's engineering
department.
Chairperson Daninger clarified the request this evening was for the stockpiling of the fill
and not for the future roadway. Mr. Bednarz stated this was the case.
Chairperson Daninger questioned if a silt fence was required within the conditions for
approval. Mr. Bednarz indicated this was not covered by the city but the watershed
district did have this as a condition.
Commissioner Olsen expressed concern with the number of truckloads of sand that would
be brought into the site for storage. Mr. Bednarz explained that the conditions within the
resolution assured that the sand would be removed by the end of this year if the
watershed permit was not obtained or the end of next year if the permit was obtained.
Commissioner Gudmundson was not concerned with the traffic to and from the site.
Motion by Cleveland, seconded by Holthus, to recommend to the City Council approval
of Resolution No. , granting a conditional use permit request to stockpile fill at
16563 Hanson Boulevard NW with the nine conditions listed in the staff report.
Motion carried on a 7- ayes, 0 -nays, 0- absent vote.
Mr. Bednarz stated that this item would be before the Council at the April 17, 2012 City
Council meeting.
C I T Y 0 F^
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
Dave Carlberg, Community Develophat Director
FROM: Courtney Bednarz, City Plann*
SUBJECT: Consider Conditional Use Permit — Used Vehicles Sales/Parking Lot Expansion — 3138
162nd Lane NW - Planning
DATE: April 17, 2012
INTRODUCTION
The applicant previously received approval of a conditional use permit for one used vehicles
sales dealer on the subject property (see attached Resolution R055 -11). At this time the applicant
is seeking to amend that permit to expand the parking area and ultimately allow additional used
vehicle sales dealers.
DISCUSSION
The proposed parking addition would provide additional parking to satisfy the five stall
minimum that the state requires for up to five total vehicle sales dealers. It should be noted that
Council approval is required for each dealer license as provided in City Code 3 -8 (attached).
Additionally, the state has a variety of requirements that will need to be met if additional dealers
licenses are to be issued for the site. The site does not currently satisfy a number of state
requirements including separate offices, entrances and addresses for each potential vehicle sales
business. Please note that the state has an application, review and inspection process
independent of local regulations.
Comparison to City Code
As with all conditional use permits, the existing site must be compared with existing regulations
to determine if there are deficiencies that need to be addressed. City Code 12 -13 -22 established
interim performance standards for this industrial park (attached). These standards allow the city
to review existing site conditions and the proposed use of the property to determine how the
performance standards of City Code 12 -13 will be applied.
Landscaping Requirements of City Code 12 -13 -6
Tree Requirements
Shrub Requirements
Site Perimeter
1070
feet
1150 feet
21
1/20 feet
53
Bldg
Perimeter
606 feet
NA
0
1/10 feet
61
Existing Trees
12
1 Existing Shrubs
18
Total Required Trees
21
Required Shrubs
114
City Code 12 -13 -8 Off Street Parking Requirements
A total of 15 parking stalls are required for the existing vehicle sales dealer based on the City
Code requirements shown in the table below. The proposed plan shows 34 striped stalls. A 35th
stall could be achieved by striping the space at the northwest corner of the front parking area.
The stalls shown on the plan meet the 10 foot by 18 foot parking stall dimensions with the
exception of two accessible parking stalls which meet the requirements of the International
Building Code.
Please note the front parking area will need to be restriped to match the proposed plan. If five
vehicle sales licenses are to be issued for the property a minimum of 35 parking stalls would be
needed to satisfy the five stall minimum required by the state and the ten customer and employee
parking stalls required by the city.
Additionally, an area of the new drive lane to 162 °d Lane NW is shown without curb and gutter
adjacent to potential future parking stalls as permitted by City Code 12 -13 -8 E.9.b. with an
approved plan. The dashed area on the attached site plan encroaches on both an existing septic
tank and existing trees. The applicant's engineer has indicated that twenty feet of the future
parking area will be eliminated to avoid the septic tank. This adjustment and a requirement for
replacement of any trees removed to allow the future parking stalls are included as conditions of
approval in the attached resolution.
Finally, a portion of the proposed new drive lane on the east side of the site encroaches into the
ten foot side yard setback typically required by City Code 12 -13 -8 F.5.b. This encroachment
allows for a guy -wire that extends from the power pole that provides electricity to the larger
building on the property. Staff recommends that the applicant work with Connexus to move the
guy -wire at minimal expense instead of constructing the drive lane in the ten foot setback area.
Use
Parking Stall Requirements
Required
Stalls
Employee Parking: 3 stalls plus 1 per 400 s.f beyond the first 1,000 gross
Vehicle
floor area (800 s.f. office)
5
Sales
Customer Parking: 5 stalls plus 5 stalls per acre above the first acre (1.3 acres)
5
Vehicle Display Parking: (as proposed by applicant)
25
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the proposed conditional use
permit subject to the conditions of approval listed in the attached resolution.
ACTION REQUESTED
The Council is asked to approve or deny the proposed conditional use permit.
Attachments
Resolution
Location Map
Applicant's Letter
R055 -11
City Code 3 -8 Vehicle Sales Businesses
City Code 12 -13 -22 Interim Performance Standards
Conditional Use Permit Application
Planning Commission Minutes
Site Plan
Respeotfully submitted,
F4z ourtn
Cc: Jason Hemp Xcel Properties LLC 14359 Isanti Street NE Ham Lake, MN 55304
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR PARKING EXPANSION
FOR USED VEHICLE SALES ON PROPERTY LOCATED AT 3138 162ND LANE NW
LEGALLY DESCRIBED AS THE EAST 150 FEET OF THE WEST 400 FEET OF THE
SOUTH 433 FEET OF THE NORTH 2184.99 FEET OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SECTION 16 TOWNSHIP 32 RANGE 24, ANOKA COUNTY
MINNESOTA, EXCEPT ROAD, SUBJECT TO EASEMENTS OF RECORD.
WHEREAS, the applicant has received approval of a conditional use permit to allow used
vehicle sales on the subject property; and
WHEREAS, Resolution R055 -11 limited the number of used vehicle sales licenses to one license
and limited the number of vehicles that could be displayed on the subject property to five
vehicles; and
WHEREAS, the applicant has requested an amendment to the approved conditional use permit
for parking expansion to allow additional vehicle sales licenses to be issued for the subject
property; and
WHEREAS, the Planning Commission finds the request would not have a detrimental effect
upon the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning Commission recommends to the City Council approval of the
conditional use permit request, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning Commission and approves used vehicle sales on
the subject property subject to the following:
1. The applicant shall obtain approval of all additional vehicle sales licenses from the City
Council as required by City Code 3 -8.
2. All vehicle sales dealers licensed to operate on the subject property shall comply with all
state requirements for motor vehicle dealers.
The hours of operation shall be limited to Monday through Saturday between the hours of
6:00 am and 9:00 pm.
4. The site plan and improvements to the subject property shall conform to the drawing
stamped received by the City of Andover April 6, 2012 with the following exceptions;
a. One additional stall shall be striped at the southwest corner of the front parking area.
b. The southerly twenty feet of the dashed parking area shown adjacent to the proposed
new drive lane shall be eliminated.
c. The new drive lane shall conform to the required ten foot setback from the east
property line.
d. The plan shall conform to the city's Storm Water Management Plan.
5. Any trees removed to allow future parking stalls shall be replaced.
6. The areas of bare ground on the subject property shall be re- vegetated to establish
vegetative ground cover.
Adopted by the City Council of the City of Andover on this th day of , 2012.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
5
Michael R. Gamache, Mayor
Conditional Use Permit
1 O-AY- Expansion of Parking Area for Used Vehicle Sales
Incorporated and Interim Performance Standards
1974
3138 162nd Lane NW
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Xcel Properties, LLC
14359 Isanti St NE
Ham Lake, MN 55304
February 22, 2012
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
Re: 3138162 nd Lane NW
To Whom It May Concern:
I am requesting to amend the current conditional use permit for 3138162 "d Lane NW. I would like to
increase the number of allowable dealer licenses at the property to five. In conjunction with this I plan
to increase the parking capacity accordingly. In order to comply with state dealer requirements I would
need five parking spaces per dealer license and I am in the process of finalizing plans to add
approximately thirty spaces.
Sincerely,
2�
Jason Hemp
Xcel Properties, LLC
612 -598 -2819
CHAPTER 8
VEHICLE SALES BUSINESS
3 -8 -1: Purpose and Intent
3 -8 -2: Definitions
3 -8 -3: License Required
3 -8 -4: Application for License
3 -8 -5: Review of Application; Issuance or Denial
3 -8 -6: License Fees and Term; Renewals
3 -8 -7: Conditions of License
3 -8 -8: Standards
3 -8 -9: Violation Provisions
3 -8 -10: Revocation of License
3 -8 -1: PURPOSE AND INTENT: It is the purpose of this chapter to regulate
vehicle sales to establish reasonable and uniform regulations to prevent adverse
impacts on the health, safety, morals and general welfare of the citizens of the
city.
3 -8 -2: DEFINITIONS:
A. Gross Vehicle Weight Rating: The total weight of a fully equipped vehicle
and payload including the amount of weight that can be carried and towed.
B. Vehicle Sales: the sale of cars and trucks as limited by the City Code,
excluding recreational vehicles.
3 -8 -3: LICENSE REQUIRED: No person shall engage in the business of selling,
trading or advertising the sale of new or used vehicles within the city without first
obtaining a license as provided in this Chapter. For the purposes of this chapter,
anyone who, as a part of their livelihood, engages in the regular sale, trade or
exchange of vehicles shall be deemed to be doing business as a new or used
vehicle dealer.
3 -8 -4: APPLICATION FOR LICENSE:
A. Information Required: Any person, partnership or corporation desiring to
secure a license shall make application to the City Clerk including the
following:
1. Completed city application form
2. Fee as established by City Code.
3. Completed Minnesota Vehicle Dealer License Commercial Location
Checklist
3 -8 -5: REVIEW OF APPLICATION; ISSUANCE OR DENIAL: The City Clerk
shall submit the application to the City Council for its consideration. The Council,
by motion, may grant or refuse to grant the license after consideration of the
application.
3 -8 -6: LICENSE FEES AND TERM; RENEWALS: The fee for every such
license shall be established by resolution of the City Council. Every such license
shall expire on December 31 next after it is issued.
3 -8 -7: CONDITIONS OF LICENSE:
A. Transferability: The license shall not be transferable from one person to
another, and a new license must be applied for each time a place of
business is changed.
B. Posting: Every such license shall be kept conspicuously posted in the
place for which the license is issued and shall be exhibited to any person
upon request.
C. Inventory: Vehicles allowed to be sold or stored on site shall be limited to
a vehicles that are eligible to be issued a title up to a gross vehicle weight
rating of 12,500 pounds.
D. Restrictions and Conditions: The Council may impose any conditions or
restrictions it deems necessary or advisable in the public interest,
including but not limited to the hours of operation, building materials,
fencing, landscaping, screening, lighting and signage.
E. Review: The Council may review the license at any time for the purpose
of adding additional conditions to mitigate adverse impacts on the health,
safety, morals and general welfare of the citizens of the city.
3 -8 -8: STANDARDS: The following standards are established for all businesses
engaged in the selling, trading or advertising the sale of new or used vehicles
within the city:
A. Parking areas shall conform to the requirements of City Code 12 -13 -9. The
Site Plan shall clearly identify parking for customers and parking for display of
vehicles for sale. Parking shall be prohibited in drive lanes, on landscaped
areas and any place other than approved on the site plan.
B. All businesses engaged in the sales, trade or advertising the sale of new or
used vehicles within the City limits shall conduct these activities only on
properties for which they have been granted a license under this chapter.
This provision shall not apply to promotional events and activities conducted
outside the city limits.
C. Vehicles that are visibly damaged shall not be visible from public streets and
shall not be stored outdoors for more than 48 hours.
D. Outdoor storage of vehicle parts or other materials, including but not limited to
tires, scrap metal, glass, pallets and refuse shall be prohibited.
E. Sales of used vehicle parts shall be prohibited.
F. The dismantling or reduction of vehicles shall be prohibited.
G. Signage shall conform to City Code 12 -13 -8 and shall be further restricted as
follows:
1. All signs posted on vehicles shall be inside the vehicle.
2. No sign posted on vehicles shall contain text font or other
information that is larger than three inches in height.
H. The estimated value of improvements to the licensed property shall exceed
the estimated land value of the licensed property as estimated by Anoka
County.
3 -8 -9: VIOLATION PROVISIONS: Any person who shall violate any portion of
this chapter shall be guilty of a misdemeanor.
3 -8 -10: REVOCATION OF LICENSE: Every such license may be revoked by the
Council after the license has been given reasonable notice and an opportunity to
be heard for the violation of any provision of this chapter or for the violation of
any conditions or restrictions in the motion granting the license or any motion
thereafter passed by the Council. (Amended 4 -4 -06, Ord. 324)
ejry C pc i2-I "x-22
wati m
as adopted in Section 9 -1 -1 of this code and which are solid for the
complete circumference of the house. Except, four - season porches may
be constructed without the permanent foundation, provided the porch does
not exceed a maximum coverage of twenty percent (20 %) of the footprint
of the habitable portion of the principal structure.
B. Sixty percent (60 %) of a residential structure shall have a minimum width
of twenty -four feet (24'). Width measurements shall not take into account
overhangs or other projections. Such width requirement shall be in
addition to the minimum area per dwelling requirements of Section 12 -3 -5
of this title.
C. Single- family dwellings other than approved earth sheltered homes shall
have at least a 4:12 roof pitch and shall be covered with shingles or tiles.
This requirement shall not apply to three - season porches, four - season
porches, greenhouses and solariums, provided they meet the State
Building Code and are approved by the Building Official.
D. All single - family dwellings shall have roof overhangs that extend a
minimum of one foot (1') from all the walls of the structure unless the
style of the house dictates otherwise and said plan is approved by the
Building Official prior to any permits being granted.
E. All single - family structures must be built in conformance with Minnesota
statutes sections 327.31 to 327.35 or the State Building Code as
adopted in Section 9 -1 -1 of this code.
F. Any metal siding upon single - family residential structures shall have
horizontal edges and overlapping sections no wider than twelve inches
(12 "). Sheet metal siding shall not be permitted in such districts.
G. All exterior construction, including finish and the final grading, shall be
completed in accordance with plans and specifications within one year
following date of permit issuance. All existing buildings not meeting the
provisions of this title shall comply within one year following adoption of
this title. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code)
(Q� 12- 13 -22: INTERIM PERFORMANCE STANDARDS:
�JJ A. Purpose: Interim performance standards are intended to establish an
alternative level of site improvements for properties located in the rural
industrial area generally referred to as the Hughs/Westview industrial park
area. The City acknowledges that the lack of municipal utilities limits the
development potential of these properties. These performance standards
are intended to allow continued use, expansion and redevelopment with a
level of site improvements that is commensurate with the development
noise, glare, buffers, and environmental impacts;
D. Deviations to the performance standards will be considered in the
following areas:
1. Parking and Impervious Surface Areas:
a. Screening, landscaping, visual appeal, and lighting of parking lot
areas.
b. Paving of parking areas for customers.
G. Dust control measures for unpaved parking and storage areas.
2. The amount, type, location, and screening of exterior storage requested
as a part of any Conditional Use Permit.
3. Screening of mechanical equipment and trash bins /dumpsters.
4. Other factors related to the new development proposal, as the City
Council may deem relevant.
E. Term of Approval: Interim performance standards approved under this
section shall endure until City sewer and water are extended into the area
affected by this section. At that time, any future expansion or
redevelopment of the affected properties shall be required to fully conform
to the regular performance standards of City Code 12 -13.
F. Other Requirements: Proposed improvements or changes in use will be
reviewed by the Building Official and Fire Chief. They will make a
determination of whether or not the building(s) on the site need to be
brought into compliance with applicable building and fire codes. Site
improvements must also be made to meet the requirements of the
National Pollutant Discharge Elimination System (NPDES). No portion of
this section shall be used to vary from these requirements. (Amended
9/18/07; Ord. 353)
E
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 a (763) 755 -5100
FAX (763) 755 -8923 • WWW,CI.ANDOVER.MN.US
CONDITIONAL USE PERMIT
Property Address 5138 1 it '2n j /A" t,, tl
Legal Description of Property (if legal is lengthy, please attach a separate sheet):
Lot Block Addition
PIN 2 - �Z �- a 3 - (), o ,2 �/
(If metes and bounds, attach the complete legal description)
Note: If the legal is not provided, the application will not be considered to be
complete.
Is the property Abstract or Tonens (to verify this call the Anoka County Office at
(763) 323 -5400 with the property PIN number).
Abstract Tonens
Description of Request
Section of Ordinance Current Zoning
Name of Applicant X 0 ( S 1-2—
Address / q 3 `J
Dome Phone -S�q8 Business Phone 10 - TV' "( (i Fax
Signature , �� Date A9-
CONDITIONAL USE PERMIT
PAGE 2
r
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone
Signature
Business Phone
Fax
Date
The following information shall be submitted prior to review by the City of Andover:
1. Complete application and fee
2. Letter summarizing request
3. A scaled drawing showing the following:
a. Scale
b. North arrow
c. Dimensions of the property and structures
d. Front, side, and rear yard building setbacks
e. Adjacent streets
f. Location and use of existing structures within 100 feet
4. Other information as required to review request
Application Fee:
Commercial
Residential
Amended Conditional Use Permit
Public Notification Sign
Recording Fee:
Abstract & Torrens
!f
Date Paid '� <' iZ
J
2
$1,000.00 escrow to facilitate ARC review
$350.00 includes mailing labels
$200.00 includes mailing labels
$30.00
$100.00
Receipt # 1-733Q
Regular Andover Planning and Zoning Commission Meeting
Minutes —April 10, 2012
Page 7
DRAFT
PUBLIC HEARING: Conditional Use Permit (12 -04) for expansion of parking area
for used vehicle sales and interim performance standards at 3138162nd Lane NW.
Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on
the expansion of the parking area for used vehicle sales and interim performance
standards at 3138 162nd Lane NW.
Mr. Bednarz reviewed the proposed conditional use permit with the Commission. He
reviewed the proposed expansion area on the site. The proposed parking addition would
provide the five stall minimum that the state requires for up to five total vehicle sales
dealers. Each dealer would need city approval for their license along with meeting all
state requirements.
Mr. Bednarz explained the Commission was not being asked to approve five additional
dealers tonight, only the expanded parking space. The applicant has requested the
continue with the lighter level of landscaping. He indicated the previous conditions for
approval have been carried along to this conditional use permit.
Commissioner Cleveland questioned if there would be five or six car dealers on this site.
Mr. Bednarz stated there would be a total of five.
Commissioner Olsen asked if the applicant would have to come back to the Planning
Commission for further review if additional for -sale vehicles were parked in the
expanded lot. Mr. Bednarz stated the proposed resolution does allow for the expanded
use of vehicle sales, with five parking stalls allowed per dealer for no more than five
dealers.
Commissioner Cleveland inquired if it was common to have five dealers on one lot. Mr.
Bednarz did not feel this was common.
Commissioner Nemeth requested further information on the surrounding property uses.
Mr. Bednarz reviewed the uses in detail with the Commission.
Chairperson Daninger explained the city has been working to improve this area.
Commissioner Olsen stated the applicant was adding a great deal more impervious
surface. He questioned how the water runoff would be handled on the site. Mr. Bednarz
reviewed the site plan noting rain gardens would be added to assist with managing the
water runoff on site.
Motion by Cleveland, seconded by Holthus, to open the public hearing at 8:00 p.m.
Motion carried on a 7 -ayes, 0 -nays, 0- absent vote.
Regular Andover Planning and Zoning Commission Meeting ®® A ro
Minutes -April 10, 2012 R Il
Page 8
Commissioner Peterson asked if the applicant was working with the state to resolve the
address issues. Jason Hemp, 2293 151` Lane, explained he was confident the parking
would not be an issue. He indicated the state requires a separate entrance for each dealer;
he would be establishing separate suite numbers.
Commissioner Holthus questioned if it was common to have five dealers at one location.
Mr. Hemp stated this was not common, but more cost effective for the dealers.
Commissioner Gudmundson inquired why the site was not established with the expanded
parking with the first request. Mr. Hemp indicated he did not have the money to invest in
the site originally.
Chairperson Daninger asked if Connexus would be charging the applicant to move the
guide wire. Mr. Bednarz stated they may do this without charge due to the fact that the
applicant is a rate payer or there may be a small charge for mobilization.
Motion by Cleveland, seconded by Gudmundson, to close the public hearing at 8:06 p.m.
Motion carried on a 7 -ayes, 0 -nays, 0- absent vote.
Commissioner Gudmundson felt the proposed changes would greatly improve the site.
Commissioner Peterson requested the resolution have an added condition to assure that
all state requirements are met.
Chair Daninger indicated this will be addressed when the applicant applies for dealer
licenses with the state before Council approval was granted. Mr. Bednarz explained that
Condition #2 addresses this as well.
Commissioner Olsen was inclined to approve the conditional use permit and allow the
applicant to address the issues with the state through the licensure process.
Motion by Holthus, seconded by Cleveland, to recommend to the City Council approval
of Resolution No. , approving a conditional use permit for parking expansion for
used vehicle sales on the property located at 3138 162 °d Lane NW with the conditions
listed in the staff report.
Motion carried on a 7 -ayes, 0 -nays, 0- absent vote.
Mr. Bednarz stated that this item would be before the Council at the April 17, 2012 City
Council meeting.
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�
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO:
FROM:
SUBJECT:
DATE:
Mayor and Councilmembers
Jim Dickinson, City Administrator
Administrator's Report
April 17, 2012
The City Administrator will give a brief verbal update on various items of interest to the City
Council and to the residents at the meeting. Listed below are a few areas of interest:
1. Administration & City Department Activities
2. Legislative Updates
3. Update on Development/CIP Projects
- Trident Development/Arbor Oaks
- Wal -Mart proposal
- Parkside at Andover Station
Platting activity
4. Meeting reminders /Community Events
- April 21st — Hawkridge Park Grand Opening
- April 24th — City Council Workshop
- May 1St — EDA & City Council Meetings
Upon receipt of the meeting packet, if a member of the Council would like an update on a
particular item, please notify me so an adequate update can be made.
C I T Y O F
ND OVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO: Mayor & Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Item for April 17, 2012 City Council Meeting
DATE: April 17, 2012
The City Council is requested to receive the following supplemental information.
Discussion Items
Item #12. Consider Conditional Use Permit— Temporary Storage of Fill— 16563 Hanson Boulevard NW
(Supplemental) - Planning
Item #13. Consider Conditional Use Permit — Used Vehicles Sales/Parking Lot Expansion — 3138 162 "a
Lane NW (Supplemental) - Planning
submitted,
City
•
&D 0 V E
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: David L. Carlberg, Community Development Director
SUBJECT: Consider Conditional Use Permit — Temporary Storage of Fill — 16563 Hanson
Boulevard NW - Planning (Supplemental)
DATE: April 17, 2012
Attached is a revised resolution for Council consideration. Conditions #10 and #11 have been
added to the resolution to address the crossing of the gas pipeline during hauling activities. In
addition, the term "sand" has been added throughout the resolution to define the type fill.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION GRANTING CONDITIONAL USE PERMIT FOR REQUEST TO
STOCKPILE FILL (SAND) AT 16563 HANSON BOULEVARD NW LEGALLY
DESCRIBED AS:
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11
TOWNSHIP 32 RANGE 24, EXCEPT THE SOUTH 330 FEET OF THE WEST 687 FEET
THEREOF; ALSO EXCEPT ROAD AND SUBJECT TO EASEMENTS OF RECORD
WHEREAS, Dennis Kuiken has requested a conditional use permit for stockpiling of fill (sand)
on the subject property; and
WHEREAS, City Code 12 -12 requires a conditional use permit for importing more than 400
cubic yards of material; and
WHEREAS, the Planning Commission held a public hearing and has reviewed the request and
recommends approval of the conditional use permit; and
WHEREAS, the City Council finds he request would not have a detrimental effect upon the
health, safety, morals, and general welfare of the City of Andover; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning and Zoning Commission and approves the
conditional use permit on said property with the following conditions:
1. The applicant shall obtain a permit from the Lower Rum River Watershed Management
Organization for stockpiling of fill (sand) prior to the material being brought to the
subject property.
2. The applicant shall provide to the city documentation from the Anoka Conservation
District that the proposed project will not impact wetlands.
3. The applicant shall submit a plan for review by the Minnesota Pollution Control Agency
to determine if an NPDES permit is required.
4. Material shall be stored only in the area shown on the `Fill Storage Areas Plans' stamped
received by the City of Andover March 22, 2012.
5. The applicant shall obtain city and Lower Rum River Watershed District approval for the
end use of the fill material prior to September 28, 2012.
6. If city and Lower Rum River Watershed District approval for the end use of the fill
(sand) material is not achieved prior to September 28, 2012, all fill (sand) material shall
be removed from the subject property, the site shall be graded to the pre- existing
topographic elevations and all disturbed areas shall be seeded and mulched by November
2, 2012.
7. All material shall be utilized in compliance with the City Code and Lower Rum River
Watershed Management Organization requirements or removed from the site by
September 27, 2013. The site shall also be restored as provided in Condition #6 above.
8. During transportation of material the roadway on the subject property shall be regularly
watered to control dust and signs shall be posted to alert traffic that trucks are hauling
material from the access to Hanson Boulevard.
9. This permit shall be subject to annual site inspection to determine compliance with the
City Code and the conditions of this permit.
10. The applicant shall obtain written approval from Koch Industries, Inc for the
continued use of the compacted berm installed over the gas pipeline by North Pine
Aggregate, Inc. to haul fill materials to the approved stockpile location.
11. The applicant shall obtain written approval from Kock Industries for the crossing
of the pipeline during the removal of the fill (sand) from the site.
Adopted by the City Council of the City of Andover on this—day of 2012.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Michael R. Gamache, Mayor
13.
C I T Y O F
ND OVE.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: David L. Carlberg, Community Development Director
SUBJECT: Consider Conditional Use Permit — Used Vehicles Sales/Parking Lot Expansion —
313 8 162nd Lane NW —Planning - (Supplemental)
DATE: April 17, 2012
Attached is a revised resolution for Council consideration. Condition #7 has been added to the
resolution to clarify that the resolution adopted by the City Council this evening takes
precedent over the past adopted CUP resolution.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR PARKING
EXPANSION FOR USED VEHICLE SALES ON PROPERTY LOCATED AT 3138 162ND
LANE NW LEGALLY DESCRIBED AS THE EAST 150 FEET OF THE WEST 400 FEET OF
THE SOUTH 433 FEET OF THE NORTH 2184.99 FEET OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SECTION 16 TOWNSHIP 32 RANGE 24, ANOKA COUNTY
MINNESOTA, EXCEPT ROAD, SUBJECT TO EASEMENTS OF RECORD.
WHEREAS, the applicant has received approval of a conditional use permit to allow used
vehicle sales on the subject property; and
WHEREAS, Resolution R055 -11 limited the number of used vehicle sales licenses to one license
and limited the number of vehicles that could be displayed on the subject property to five
vehicles; and
WHEREAS, the applicant has requested an amendment to the approved conditional use permit
for parking expansion to allow additional vehicle sales licenses to be issued for the subject
property; and
WHEREAS, the Planning Commission finds the request would not have a detrimental effect
upon the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning Commission recommends to the City Council approval of the
conditional use permit request, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning Commission and approves used vehicle sales on
the subject property subject to the following:
The applicant shall obtain approval of all additional vehicle sales licenses from the City
Council as required by City Code 3 -8.
2. All vehicle sales dealers licensed to operate on the subject property shall comply with all
state requirements for motor vehicle dealers.
The hours of operation shall be limited to Monday through Saturday between the hours of
6:00 am and 9:00 pm.
4. The site plan and improvements to the subject property shall conform to the drawing
stamped received by the City of Andover April 6, 2012 with the following exceptions;
a. One additional stall shall be striped at the southwest corner of the front parking area.
b. The southerly twenty feet of the dashed parking area shown adjacent to the proposed
new drive lane shall be eliminated.
c. The new drive lane shall conform to the required ten foot setback from the east
property line.
d. The plan shall conform to the city's Storm Water Management Plan.
5. Any trees removed to allow future parking stalls shall be replaced.
6. The areas of bare ground on the subject property shall be re- vegetated to establish
vegetative ground cover.
7. This resolution supersedes Resolution No. R055 -11 adopted by the City Council on
July 19, 2011.
Adopted by the City Council of the City of Andover on this th day of , 2012.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Michelle Hartner, Deputy City Clerk
2