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HomeMy WebLinkAboutCC - June 5, 2012(ANDOVEA- 1685 5 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, June 5, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (5/15/12 Regular; 5/15/12 Closed; 5/22/12 Workshop) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Easement /11 -10 /South Coon Creek Drive NW Reconstruction —Engineering 4. Amend Fee Ordinance /City Utilities Search Fee — Finance S. Accept Contribution/Justin & Elizabeth Higgins/Hickory Meadows Park — Finance 6. Approve City Council Goals & Values/Progress Report — Administration 7. Approve Resolution Amending Res. No 124 -07 to Amend Deferred Assessment Terms for Project 07 -43 — Allen Property — Administration /Attorney Discussion Items 8. Hold Public Hearing/Order Plans & Specs /11- 47/174th Ave. NW, Heather St. NW & 173rd Ln. NW - Engineering 9. Consider Comprehensive Plan Amendment/Neighborhood Commercial to Urban Residential High Density /1640 and 1678 - 155th Lane NW — Planning 10. Consider Preliminary Plat of Arbor Oaks and Amendment to Grey Oaks Planned Unit Development/1640 & 1678-155 1h Lane NW — Planning 11. Determination on Need for An Environmental Assessment Worksheet (EAW) for a proposed 150,000 square foot Retail Development — 1851 Bunker Lake Boulevard NW — Consider Resolution/ Record of Decision/Findings of Fact - Planning Staff Items 12. Reschedule November 6, 2012 Council Meeting — Administration 13. Administrator'sReport — Administration Mayor /Council Input Closed Session: Public Works Union Negotiations Update Negotiations on PIDs 11- 32 -24 -32 -0001, 11- 32 -24 -31 -0001, & 11- 32 -24 -24 -0001. Negotiations on PIDs 17- 32 -24 -13 -0003 & 17- 32 -24 -12 -0007. Adjournment ANLD6 06 j0!1 �A- I 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 Administrat FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: June 5, 2012 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: May 15, 2012 Regular May 15, 2012 Closed May 22, 2012 Worksop DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING — MAY 15, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, May 15, 2012, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trade, and Tony Howard Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development, Director Dave Carlberg City Attorney, Scott Baumgartner Others PLEDGE OFALLEGL4NCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mayor Gamache stated there would be three (3) parcel acquisitions discussed at the closed session instead of the current two (2) listed. Motion by Councilmember Trade, Seconded by Councilmember Bukkila, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OFMINUTES April 24, 2012 City Council Workshop Meeting Councilmember Trade stated on page 1, line 30, after 60 -acres insert "from Kuikens, whose property is north of the Selmer property. Together the two (2) parcels plus access would complete the" then continue with the remaining sentence. Councilmember Trade stated on page 3, line 21, insert "a resident who had been president of prior to the Shadowbrook Townhome Association. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — May 15, 2012 Page 2 Councilmember Trade stated on page 4, line 8, add to the end of the sentence, "but is not comfortable with also buying the 20 -acre Kuiken piece." Councilmember Trade stated on page 6, line 24, changed to read "Councilmember Trade asked the sports association representatives whether they would be open to paying a rental fee and whether the parents would accept this fee." Motion by Councilmember Trade, Seconded by Councilmember Howard, to approve the April 24, 2012 City Council Workshop Meeting minutes as amended. The motion carried unanimously. May 1, 2012 Regular City Council Meeting Motion by Councilmember Trade, Seconded by Councilmember Howard, to approve the May 1, 2012, Regular City Council Meeting minutes as presented. The motion carried unanimously. May 1, 2012 Closed City Council Meeting Motion by Councilmember Trade, Seconded by Councilmember Bukkila to approve the May 1, 2012, Closed City Council Meeting minutes as presented. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims. Item 3 Update City Project 11 -10 /South Coon Creek Drive NW Reconstruction. Item 4 Approve Resolution Authorizing Execution of a Development Agreement/Arbor Oaks Senior Living, LLC. (See Resolution R050 -12) Item 5 Approve Refuse /Recycler Hauler Licenses. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, for approval of the Consent Agenda as presented. Motion carried unanimously. ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT Lieutenant Shelly Orlando, Anoka County Sheriff's Office, provided the City Council and residents with an update on law enforcement activities within the City for April 2012 including 12 DWI arrests, 6 domestic arrests, arrests for burglaries, obstructive legal process, assault, control substance, a hit and run incident, damage to property, and terroristic threats. UPDATE FROM THE CROOKED LAKE AREA ASSOCIATION Mr. Dan Anderson, Crooked Lake Area Association, provided a newsletter published by the Crooked Lake Area Association. He explained the Association is a self - proclaimed steward of Crooked Lake. The money they collect goes towards water treatment, education, the newsletter, and other projects for the lake. He thanked the Council for their participation in protecting the Regular Andover City Council Meeting Minutes — May 15, 2012 Page 3 1 quality of Crooked Lake. There will be an annual picnic at the park on July 15th. He stated 2 Crooked Lake has been awarded a Star Lake designation and is one (1) of ten (10) lakes in the 3 state with this designation. He explained the lake is open for everyone to use. 4 5 Councilmember Knight commended the Association on their work in protecting the quality of the 6 lake. 7 8 Mayor Gamache thanked the Association for also adopting the boat landing park. 9 10 Councilmember Knight asked how many rain gardens were in the area that helped with the storm 11 water. 12 13 Mr. Anderson stated there are 4 gardens on the west side of the lake and this has been the most 14 effective method for storm water runoff for the amount of dollars spent. 15 16 Councilmember Trade complimented the Association on their newsletter and there was a great 17 article pointing out what is available to the residents. The photos also show this is not an area 18 that is too urban. 19 20 PUBLIC HEARING: VACATION OF EASEMENT /GREY OAKS 11640 AND 1678 — 155TH 21 LANE NW 22 23 Community Development Director Carlberg stated the proposed vacation of existing drainage and 24 utility easements is one step in clearing the way for the proposed project. A preliminary plat to 25 combine the two lots and establish new perimeter drainage and utility easements was reviewed by the 26 Planning Commission on May 8, 2012 and is scheduled for review by the City Council on June 5, 27 2012. The proposed vacation of easement is contingent upon approval of the Arbor Oaks plat and 28 establishment of new drainage and utility easements. The vacation of easement resolution and final 29 plat will be required to be recorded concurrently. The vacation of easement will not affect other 30 easements that exist on the subject property for a natural gas pipeline or overhead power lines. He 31 requested the motion include an amendment to Condition 2 of the resolution to remove the words 32 "and right -of- way ". 33 34 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to open the public 35 hearing. The motion carried unanimously. 36 37 Mayor Gamache opened the public hearing at 7:27 p.m. 38 39 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to close the public 40 hearing. The motion carried unanimously. 41 42 Mayor Gamache closed the public hearing at 7:28 p.m. 43 44 Motion by Councilmember Trade, Seconded by Councilmember Howard to approve the resolution Regular Andover City Council Meeting Minutes — May 15, 2012 Page 4 1 Granting the Vacation of Easements on Lots 1 and 2, Block 1, Grey Oaks and remove the words "and 2 right -of -way" from Condition 2. The motion carried unanimously. (See Resolution R051 -12) 3 4 PUBLICHEARINGI VACATIONOFEASEMENT /PARKSIDEATANDOVERSTATION2" 5 ADDITION /1927, 1933, 1943140TH LANE NW 6 7 Community Development Director Carlberg stated the EDA had approved a purchase agreement 8 with Capstone Homes for construction of 35 single - family homes after holding a public hearing 9 on April 17, 2012. The proposed vacation of easement is the first step in preparing two of the 10 lots for building permits for the home style that proposes a 60 -foot lot width to allow for a three 11 (3) car garage. The next two steps will be to record the vacation of easement and a lot line 12 adjustment to widen the two (2) lots to 60 -feet in width. These steps will allow the City to close 13 on the sale of two (2) lots and allow the builder to begin construction of the first two (2) homes. 14 The proposed changes will not affect the property lines or easements of the two (2) existing 15 homes to the east. Easements will be re- established adjacent to the new property lines with a 16 future plat. He requested the motion include an amendment to the resolution removing all 17 references to "and right -of- way". 18 19 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to open the public 20 hearing. The motion carried unanimously. 21 22 Mayor Gamache opened the public hearing at 7:30 p.m. 23 24 Motion by Councilmember Trude, Seconded by Councilmember Bukkila to close the public hearing. 25 The motion carried unanimously. 26 27 Mayor Gamache closed the public hearing at 7:31 p.m. 28 29 Motion by Councilmember Bukkila, Seconded by Councilmember Knight to approve a 30 resolution Granting the Vacation of Easement on Lots 3, 5, and 5, Block 1, Parkside at Andover 31 Station 2nd Addition and remove all references to "and right -of -way" from the resolution. The 32 motion carried unanimously. (See Resolution R052 -12) 33 34 SCHEDULE JUNE EDA MEETING 35 36 Motion by Councilmember Trude, Seconded by Councilmember Howard to schedule an EDA 37 Meeting at 6:00 p.m. before the June 5, 2012 City Council Meeting. The motion carried 38 unanimously. 39 40 City Administrator Dickinson stated if something does not work out prior to this meeting he 41 requested the EDA President cancel the meeting. 42 43 Regular Andover City Council Meeting Minutes — May 15, 2012 Page 5 SCHEDULE JUNE WORKSHOP MEETING Mayor Gamache stated he had a conflict with June 26t' and requested the Council consider June 276' for the workshop. Councilmember Trude stated June 27th would work for her. Councilmember Howard stated he could meet on June 27`h 10 Councilmember Bukkila stated June 27 h would work. 11 12 City Administrator Dickinson stated he would work with the Artificial Turf Committee and have 13 them meet on June 27 h with the Council. 14 15 Motion by Councilmember Trude, Seconded by Councilmember Howard to schedule a June City 16 Council Workshop for Wednesday, June 27 h at 6:00 p.m. The Motion carried unanimously. 17 18 ADMINISTRATOR'S REPORT 19 20 City Administrator Dickinson updated the City Council and the residents regarding 21 administration and city department activities, development and CIP projects, and upcoming 22 meetings and community events. In a recent meeting with Connexus Energy staff was informed 23 that Connexus will be changing their billing system and this may impact the billing in Andover. 24 The City is working with them on what the City's needs are. The new billing system is likely to 25 be a monthly billing for utilities rather than a quarterly billing and this will spread the City's 26 charges over three months, rather than billing all once a quarter. If this occurs then the City will 27 look at removing the added fee charged for monthly billing as part of the rate analysis. The 28 changes are not expected to occur before 2014. He stated the Wal -Mart proposal is still being 29 reviewed and would not be presented to the Council until July. The Arbor Oaks development 30 project is moving along and will be at the first City Council meeting in June with their site plan. 31 The City is currently working on several property negotiations as well. He stated the City's 32 Recycling Day had been a success with almost 5 tons of shredded paper. 33 34 Councilmember Trude asked if the meter reading would be changed to remote reading with a 35 new system through Connexus. 36 37 City Administrator Dickinson stated the City owns the meters so it would need to be determined 38 by the City if the reading would be changed to remote reading. The City currently contracts with 39 someone for meter readers as part of the contract with Connexus. 40 41 Community Development Director Carlberg stated staff is continuing to review the Wal -Mart 42 applications. The two (2) topics being focused on at this time are the Watershed review and the 43 traffic study. The City has received a petition submitted by a resident group in opposition to the 44 project, from the Minnesota Pollution Control Agency on behalf of the Environmental Quality Regular Andover City Council Meeting Minutes —May 15, 2012 Page 6 1 Board. The City has 30 -days to take action on this EAW. Staff is looking at the June 5, 2012 or 2 June 19, 2012 City Council meeting to bring this forward for the Council to consider if there is a 3 need to do an EAW based on the petition. The Business Appreciation Day is scheduled for June 4 13th at the Refuge. There are still openings for golf teams. The Concert in the Park series will be 5 starting on May 30`b with the Oak View Middle School Jazz Band. These concerts will be held at the pergola next to Target starting at 7:00 p.m. 8 City Administrator Dickinson stated Andover would be identified as the most prolific recycling 9 community in Anoka County. He stated the new home construction in the community is 10 currently at 25. The City budget was for 35 new homes in 2012. He also stated there were also 11 no levy limits set at the legislative level and at this point there are no significant impacts from 12 legislative actions. 13 14 MAYOR/COUNCIL INPUT 15 16 (Appointment of John Kriesel) Mayor Gamache stated the Anoka County Board had appointed 17 John Kriesel, as the Veterans Service Officer. 18 19 (Anoka Hennepin Community Education Advisory Council Update) Councilmember Trude 20 provided an update from the Anoka Hennepin Community Education Advisory Council 21 including the success of a program preparing disadvantaged kids for kindergarten, the adult 22 diploma program through the Work Force Center and other school districts, the increased 23 attendance with Adventures Plus, and they had not needed to cut as many programs as they had 24 initially thought due to the closing of some locations. She stated her year of service will be done 25 at the end of the school year and if anyone is interested in serving, the new term will begin when 26 the school year starts in September. 27 28 Councilmember Bukkila suggested the Council discuss appointing a representative for the Anoka 29 Hennepin Education Advisory Council in August. 30 31 (QCTV Update) Councilmember Trude stated QTCV is still advertising for the Executive 32 Director opening. There will be interviews occurring potentially in June. 33 34 (City Wide Garage Sale) Councilmember Bukkila stated the City Wide Garage Sale is May 17t`, 35 18t` and 19`x. There will be a map available on the City's website and at City Hall. There are 36 187 garage sales registered. 37 38 (Annual Kid's Safety Camp) Fire Chief Dan Winkel stated the Annual Kid's Safety Camp 39 would be June 12 -13. This camp is for 4`h and 5"' graders and will be filled with presentations 40 for water and fire safety, bike helmet safety, and animal safety. There will also be a kitchen fire 41 simulation to show kids how to handle this situation. There are approximately 75 openings 42 remaining for this event. 43 44 (Fun Fest) Councilmember Bukkila stated the Fun Fest information is also available on the Regular Andover City Council Meeting Minutes — May 15, 2012 Page 7 City's website and if anyone is interested in having a booth at the event now is the time to register. (Stop Sign Request Letter) Councilmember Trude stated the Council has been receiving a -mails form residents in regard to the need for stop signs. She asked staff to draft a general response letter for these inquiries. This is a complex topic and Andover does not have a history of the City Council making engineering decisions. 9 City Administrator Dickinson stated staff could provide a general response letter that covers the 10 engineering side of these inquiries. In the current situation on 147t` Avenue, the City does 11 anticipate having a notification to the neighborhood identifying a time for the residents to come 12 before the Council to discuss their concerns. 13 14 Mayor Gamache clarified the current plan is for the stop signs to remain in place until the 15 construction is completed and then they would be removed. In the mean time the Council would 16 have a meeting to discuss these stop signs and the potential for the stop signs to remain in place. 17 18 Councilmember Trude stated the newer developments tend to have a one (1) major road with 19 several side roads into neighborhoods with no stop signs on the major road. The design on 147`h 20 is not unique in the plats the City has seen. 21 22 Councilmember Bukkila stated one (1) of the concerns brought forward was residents using this 23 road as a main thouroughfare. She stated if it would be manageable with staff time, she would 24 like to see the tools the City has put out to do analysis on the traffic speeds. She would like to 25 see a comparison of the traffic before the construction began, during the construction, and after 26 the construction, if possible. She stated drivers need to be aware of driving carefully in all areas 27 of the City. 28 29 Councilmember Trude stated some of these steps have already started. She suggested the City 30 contact Laura Landes and have her meet with the neighborhood and provide assistance on how to 31 slow the traffic in the area down. 32 33 Councilmember Bukkila stated Laura's information is available on the Anoka County Sheriff's 34 website under Crime Prevention and she works with communities in providing awareness. 35 36 Mayor Gamache stated there are a number of neighborhood associations and Laura Landes could 37 work with them to resolve the traffic issues in this area. 38 39 Councilmember Trude stated the traffic speed currently collected showed 22% of the traffic is 40 under the speed limit. She stated she is not convinced stop signs could be used effectively to 41 change people's behavior and reduce speed. 42 43 Mayor Gamache suggested the Council review this at a workshop. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Regular Andover City Council Meeting Minutes — May 15, 2012 Page 8 Mayor Gamache recessed the regular City Council meeting at 8:03 p.m. to a closed session of the City Council to discuss property acquisition negotiations for PID #11- 32 -24 -32 -0001, PID #11- 32- 24- 31- OOO1,PID #11-32-24-24-0001, PID #17- 32 -24 -13 -003, PID #17- 32 -24 -12 -0007, and PID #29- 32 -24 -44 -0022. The City Council reconvened at 8:34 p.m. ADJOURNMENT Motion by Councilmember Bukkila, Seconded by Councilmember Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 8:35 p.m. Respectfully submitted, Tina Borg, Recording Secretary Regular Andover City Council Meeting Minutes — May 15, 2012 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — MAY 15, 2012 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Update City Project 11 -10 /South Coon Creek Drive NW Reconstruction ................... 2 Item 4 Approve Resolution Authorizing Execution of a Development Agreement/Arbor Oaks Senior Living, LLC(See Resolution R050- 12) ........................... ............................... 2 Item 5 Approve Refuse /Recycler Hauler Licenses ................................... ............................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 UPDATE FROM THE CROOKED LAKE AREA ASSOCIATION ............. ............................... 2 PUBLIC HEARING: VACATION OF EASEMENT /GREY OAKS /1640 AND 1678 —155TH LANE NW (See Resolution R051 -12) ........................................................ ............................... 3 PUBLIC HEARINGNACATION OF EASEMENT/PARKSIDE AT ANDOVER STATION 2ND ADDITION/1927,1933,1943 140TH LANE NW(See Resolution R052- 12) ............................ 4 SCHEDULE JUNE EDA MEETING .............................................................. ............................... 4 SCHEDULE JUNE WORKSHOP MEETING ................................................ ............................... 5 ADMINISTRATOR'S REPORT ..................................................................... ............................... 5 MAYOR/COUNCIL INPUT ........................................................................... ............................... 6 (Appointment of John Kriesel) .................................................................... ............................... 6 (Anoka Hennepin Community Education Advisory Council Update) ......... ............................... 6 (QCTV Update) ........................................................................................... ............................... 6 (City Wide Garage Sale ..................... 6 (Annual Kid's Safety Camp) ........................................................................ ............................... 6 (Fun Fest) ..................................................................................................... ............................... 6 (Stop Sign Request Letter)., ........................................................................................................ 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ANDOVER CITY COUNCIL WORKSHOP MEETING — MAY 22, 2012 MINUTES The Workshop Meeting of the Andover City Council was called to order by Acting Mayor Julie Trade, May 22, 2012, 6:06 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Mike Knight, Tony Howard and Mayor Mike Gamache (6:09 p.m.) Councilmember absent: None Also present: City Administrator, Jim Dickinson Public Works Director /City Engineer, Dave Berkowitz Community Development Director, Dave Carlberg Fire Chief, Dan Winkel Others WDE SITE PRESENTATION Ms. Jean Hanson, Land Manager at the Minnesota Pollution Control Agency, Closed Landfill Unit, Remediation Division, provided a PowerPoint presentation on the WDE Landfill Site including the Minnesota Landfill Cleanup Act of 1994, the business model of the WDE landfill facility, the MPCE costs incurred through 2012, the operation and maintenance of the facility, landfill methane gas system actions, and the active gas extraction systems on the site. Mayor Gamache arrived at 6:09 p.m. Councilmember Trade asked if the residential wells near the site have been monitored for contamination. Ms. Hanson explained the wells have been monitored in the areas where contamination has occurred including the creek. She explained the methane gas area of concern and provided a map depicting the area. She explained there are 54 acres the State owns which would be considered the waste area. WDE is currently working to purchase the property. She reviewed the ground water system actions. There are currently 350 chemicals WDE tests for on the site and these are known contaminates. She provided the Council with maps showing the ground water area of concern for the Upper Sand Aquifer, the treatment pond, and the Lower Sand Aquifer. She reviewed the hazardous waste pit and explained PCBs had been found in this area in 2009. There had been a ground water breach and WDE worked to clean this up. Currently WDE is working on a pilot program to assist in cleaning up the hazardous waste pit called C3, which is a system for extracting the gasses. WDE is also using GAC (Granulated Active Carbon) for treatment of the PCBs. The land management actions under Superfund and under CLP were covered. She Andover City Council Workshop Meeting Minutes — May 22 2012 Page 2 explained the current remedial actions taking place and potential future excavation and removal of the hazardous waste pit. Councilmember Trude asked if the land would be considered off limits in perpetuity. Ms. Hanson explained if the hazardous pit could be removed there is a possibility the land could be used in a few generations. 9 Councilmember Knight asked if it would be possible to have solar panels on the landfill surface. 10 11 Ms. Hanson explained there is too much activity at this location and they would not recommend 12 having anything anchored in the ground at this location. She stated additional information and a 13 fact sheet could be obtained on their website. 14 15 Councilmember Knight asked if there had been any infiltration into Coon Creek. 16 17 Ms. Hanson explained there had been infiltration into Coon Creek and she would not recommend 18 any go into this creek or surrounding ponds without boots and gloves. 19 20 Councilmember Trude expressed concerns about safety for children that did school or 21 organizational projects, such as clean up, at the creek. 22 23 Councilmember Trude stated a common complaint she received by area residents is the need for 24 screening the fence and barbed wire. 25 26 Ms. Hanson explained there will be new "No Trespassing" signs installed. Ms. Hanson indicated 27 bushes, such as lilacs, would be acceptable to put along the fence. She would not recommend 28 trees along the fence because this makes it easier for people to gain access to the site. 29 30 ALEXANDRA HOUSE PRESENTATION 31 32 City Administrator Dickinson stated as part of the City of Andover annual budget process, the 33 City reviews requests from various organizations for funding. One such organization is the 34 Alexandra House and contained in the 2012 Budget is a $10,000 contribution to Alexandra 35 House. 36 37 Ms. Connie Moore, Executive Director from Alexandra House, reviewed the funding request of 38 $16,904 for 2013 by Alexandra House. These funds are used to support services provided to 39 Andover residents who are victims of domestic and sexual violence. These services not only 40 help victims work through their immediate crisis and safety needs, but also assist them in moving 41 beyond the abuse to achieve long -term safety. Community Program services include safety 42 planning, assistance in filing protection orders, legal representation during protection order 43 proceedings, crime victim advocacy immediately following a domestic or sexual assault and 44 throughout the criminal court proceedings, advocacy and support provided to patients at Mercy Andover City Council Workshop Meeting Minutes — May 22 2012 Page 3 and Unity Hospitals and clinics, support groups, legal clinics, information and referral services and follow -up /outreach services. Ms. Susan Redmond, Community Program Director from Alexandra House, explained how the programs are run in cooperation with the schools, including the new Truth Respect program for middle school aged children. She explained each school has customized the program to meet their needs. 9 Councilmember Bukkila asked if all services are offered in all cities. 10 11 Ms. Redmond explained not all services are offered in every community because Alexandra 12 House does not have the staff or support to expand to all these areas. 13 14 Councilmember Bukkila asked for additional information regarding the funding sources 15 Alexandra House currently has. 16 17 Ms. Moore stated United Way and unrestricted donations fund youth services. 62% of the 18 organizations funding comes from government funding including local, state and federal grants 19 and funds. She explained Alexandra House is a non - profit organization and the only one of its 20 kind in Anoka County. They serve residents from all over the state but their primary area is 21 Anoka, Ramsey, and Hennepin counties. Referrals for services come from law enforcement, 22 hospitals, churches, schools, family members, and therapists. Alexandra House does not provide 23 therapists or counseling but does provide support and referrals to those in need. 24 25 Councilmember Trade asked how education is provided for the children in the program. 26 27 Ms. Moore explained by law schools have to provide bussing but Alexandra House also has 28 teachers on site to work with students. Next year Alexandra House will be able to offer full time 29 school and part-time year round preschool off site and Alexandra House will provide bussing. 30 She also explained their new "Lethality Assessment Program ". This program is designed to help 31 not only victims but also offenders and get them the help they need. This program has been 32 successful and is being looked at by other communities. 33 34 Councilmember Knight requested a review of the Andover portion of Alexandra House's budget. 35 36 Ms. Moore explained the budget figures compiled include only time intensive services and in 37 2011 Alexandra House provided advocacy and support 2,094 times for Andover residents. This 38 is not the total amount of time or hours provided but the number of time intensive contacts 39 Alexandra House had with Andover residents. She explained the 2013 amount budgeted for 40 Andover residents is based on a three (3) year average would be $48,298. Outside funding 41 sources would pay $31,393 of these total services leaving an unpaid balance of $16,904 and this 42 is the amount Alexandra House is requesting the City provide as a contribution. 43 44 Councilmember Bukkila asked if Alexandra House worked with volunteers. Andover City Council Workshop Meeting Minutes — May 22 2012 Page 4 Ms. Moore explained it is difficult to find volunteers who are available during the day and the legal process intimidates many people. The volunteers Alexandra House does have are well trained. Councilmember Trude stated Alexandra House provides an important service to the Andover community. 8 Councilmember Bukkila recommended Alexandra House host another open house because this 9 had been helpful for her to understand the services provided. 10 11 Ms. Moore provided brochures for the Council to review and explained additional information is 12 available on their website and Facebook page. She explained there would be a fund raiser golf 13 tournament on June l la` at the TPC and the Annual Walk for Hope at Bunker Park would be held 14 in September. 15 16 A WARD BID111 -10 /SOUTH COON CREEK DRIVE NW RECONSTRUCTION 17 18 City Engineer Berkowitz stated the City Council is requested to accept bids and award the 19 contract for South Coon Creek Drive NW Reconstruction. Due to State Aid approval, the bid 20 opening for this project had been rescheduled for Monday, May 21s`. The lowest bid was 21 received from Douglas -Kerr Underground, LLC for $2,143,787.75. The project costs will be 22 funded through the City's Road and Bridge Fund, Trunk Water Fund, Trunk Sewer Fund, and 23 special assessments to properties fronting along the improvements. The street portion of the 24 project is lower than engineering estimates and this will reduce the projected assessment from 25 $7,900 for a rural lot to $7,000 and from $2,700 to $2,500 for an urban lot. Staff did check 26 references for Douglas -Kerr Underground, they were positive. 27 28 Councilmember Trude asked if the lower prices were reflected in the costs for materials or labor 29 and equipment. 30 31 City Engineer Berkowitz explained the lower costs were a result of both lower material costs and 32 lower labor and equipment costs. 33 34 Councilmember Trude pointed out at the last meeting the Council had stated this item would be 35 considered for approval at a workshop in order to keep the project on schedule. 36 37 Motion by Councilmember Howard, Seconded by Councilmember Trude to approve a resolution 38 Accepting Bids and Awarding the Contract for South Coon Creek Drive NW Reconstruction, 39 Project 11 -10, to Douglas -Kerr Underground, LLC for $2,143,787.75. The motion carried 40 unanimously. (See Resolution R053 -12) 41 42 Andover City Council Workshop Meeting Minutes — May 22 2012 Page 5 DISCUSS INTERIM USE PERMITS Community Development Director Carlberg stated the City Council is requested to discuss the implementation of Interim Use Permit (IUP) regulations in the City Code. The Planning and Zoning Commission held an additional workshop to discuss IUP regulations on May 8, 2012. He reviewed the modifications requested by the Planning Commission. The Planning Commission is supportive of the implementation of IUP regulations. 9 Councilmember Trude asked if this would be the only Planning and Zoning request that would 10 require a 415 Council vote for approval. She also asked if the Council would have the 11 opportunity to review the IUP every time it is renewed. 12 13 Community Development Director Carlberg stated this is the only Planning request that would 14 require a 4/5 Council vote for approval and the Council would have the opportunity to review the 15 IUP upon renewal. There would not be a 4/5 vote required to revoke the NP. 16 17 Councilmember Trude stated she would not agree with a 4/5 Council approval for a short-term 18 use. A majority vote should be sufficient. 19 20 Community Development Director Carlberg explained a 4/5 vote would limit the Council's 21 ability to approve items that are not strongly supported by the Council. The Planning 22 Commission is supportive of this requirement. 23 24 Councilmember Trude asked if a financial surety requirement is common in NPs for other 25 communities. 26 27 Community Development Director Carlberg stated this could be found in about 1/3 of the IUPs 28 for communities staff reviewed. The City does have other options available such as an 29 abatement process or assess charges back to the property, if a financial surety is not obtained. 30 The IUP is an agreement between the applicant and the City and does not stay with the property. 31 32 Councilmember Bukkila stated she agreed with the principle of an IUP but expressed concerns 33 about things that do not qualify for a CUP will be granted an NP. She asked if the City would 34 be open to liability if requests were not approved. 35 36 Community Development Director Carlberg explained there have been no legal challenges to an 37 IUP. He provided the Council with an opinion from a lawyer that an IUP is ideal for cities who 38 want to issue a CUP but want to set a time frame. The IUP is for short-term use and a CUP 39 should not contain a sunset clause. If there is a use the City is not sure they would like in an area 40 then an IUP could be used and if the use works then the City's zoning could be changed to allow 41 that use as a conditional use. There may be a liability issue if the City approves one request and 42 an identical request from another applicant is denied but this has not been seen. Staff must 43 provide the Council with their findings either in support or denial of the request. The Council 44 also has the option to add additional conditions for approval. The Planning Commission will be Andover City Council Workshop Meeting Minutes — May 22 2012 Page 6 reviewing the City's zoning charts and recommend making appropriate changes to identify interim uses that could be permitted in each area. He explained staff would work with applicants to determine if a CUP or IUP would be the most appropriate way to proceed. Councilmember Bukkila asked if the IUP process is intended for residential or commercial areas. Community Development Director Carlberg explained the IUP process is intended to be used for commercial locations. 10 Councilmember Howard asked about the five (5) year maximum. 11 12 Community Development Director Carlberg stated the IUP is intended for short-term uses. If a 13 use went beyond the five (5) years then the City could look at changing the codes that could 14 allow this use under a CUP. 15 16 Councilmember Trade stated the CUP process looks at the impacts on property values and scenic 17 views for surrounding locations. She requested this language be incorporated into the 1UP 18 process as well. She stated she would like to have the word "injurious" replaced in Section D, 19 Item 2. 20 21 It was identified that a majority of the Council agree to maintain the 4/5 Council vote for 22 approval requirement in the IUP language. Councilmember Trade disagreed. 23 24 2012 -2013 COUNCIL GOALS DISCUSSION 25 26 City Administrator Dickinson reviewed the updated City of Andover 2011 -2012 Goals and 27 Values and the updated progress report segments. He reviewed how the March 27th discussion 28 was integrated into the Goals and Values document and/or into the other processes that are taking 29 place, such as the 2013 -2017 CIP Development and 2013 Budget Development processes. 30 Council was asked to review and discuss the progress being made and provide additional 31 direction to staff. 32 33 Councilmember Trade requested additional areas of discussion with the County be identified in 34 the goals such as the intersection at Nightingale Street and Crosstown Boulevard, Hanson 35 Boulevard going to only 2 -lanes and the bottle neck this creates and the City's continued interest 36 in the Martin Street access. She stated she had invited Commissioner Matt Look to attend the 37 June 27"' City Council Workshop. She asked if Commissioner Andy Westerberg should also be 38 present. 39 40 City Administrator Dickinson explained there are more specific items identified in the CIP and 41 the detailed information for these would be brought forward with that process. He stated staff 42 would continue to work with the County regarding the City's concerns. He stated the City had 43 been invited to participate in a project with the County Library, which may include a locker 44 library or a media surfer location. The media surfer is an opportunity for participants to check 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes — May 22 2012 Page 7 out an IPad with a book loaded on it. The IPad cannot leave the location and a credit card must be provided in order to check out the IPad. The Community Center would be a good location for this type of program. Councilmember Trude stated she would like to see some sort of mobile library in the community. 2013 -2017 CIP PROJECT DISCUSSION City Administrator Dickinson stated Administration/Finance had been working with Department Heads to prepare a draft 2013 -2017 CIP. He reviewed with the Council the current submissions to the 2013 -2017 CIP. At this time the Council is asked to review the project submissions and determine if the submissions meet the Council's priorities and warrant staff to provide the analysis necessary to have the project considered for inclusion in the 2013 -2017 CIP that will ultimately be adopted by the Council in October. He reviewed the line items and the projected year for these expenses to be incurred. Councilmember Bukkila asked why the expansion for the Community Center is scheduled for 2014. City Administrator Dickinson explained this item is a placeholder at this time. The Community Center Advisory Board is reviewing the expansion requirements and will bring a report to the Council for additional consideration. The expansion could be pushed into future years. Councilmember Bukkila asked if there is a need for an addition to the storage and vehicle maintenance shop. City Administrator Dickinson explained if the City continues to experience growth there will be a need for this expansion. Councilmember Bukkila stated she would like to see the pedestrian bridge under Crosstown Boulevard pushed into the future. She does not want to see the City build this structure. Mayor Gamache stated this would be something that would not be considered until there is a need and currently there are no needs in this area. Councilmember Knight agreed with Councilmember Bukkila and this type of structure would not be something he would support. Fire Chief Winkel explained the replacement of turnout gear has not been in the budget on an annual basis for the past three (3) years. Currently the Fire Department is looking at a lease program for turnout gear. This program would cost $25,000 to $30,000 per year and would equate to replacing about 10 sets of gear every five (5) years. This program would also allow the Fire Department to obtain replacement gear or different size gear at no additional charge during the lease period. Andover City Council Workshop Meeting Minutes — May 22 2012 Page 8 City Administrator Dickinson stated this program would provide the City with a set budget amount annually and provide the proper gear for the Fire Department. 4 'Councilmember Trude asked what the Parks and Recreation Commission did with the remaining park improvement funds from 2011. 7 City Engineer Berkowitz stated some of the funds were used for improvements at Hickory 8 Meadows Park and the remaining funds were rolled into next years budget to allow for a larger 9 redevelopment project. 10 11 Councilmember Trude asked if additional staff requirements were considered when looking at 12 adding or replacing equipment. 13 14 City Administrator Dickinson stated there would be requests for additional staff in the public 15 works department as part of the budget process. The City has added parks that need to be 16 maintained and is considering more additions to the number of fields in the City. 17 18 Councilmember Trude suggested the Rural Reserve Trunk Sanitary Sewer project be pushed into 19 a future year. She stated the Council had been told the crack seal projects would be on hold until 20 a new product could be identified. 21 22 City Engineer Berkowitz explained staff is still reviewing crack seal products but would like to 23 have this item as a placeholder so the funds are available once a specific product has been 24 identified. 25 26 City Administrator Dickinson explained the WTP generator upgrade might be pushed into a 27 future year or taken out of the CIP. This will be determined this year. 28 29 Councilmember Trude suggested a line be added reflecting the potential purchase and /or. 30 development of fields in the City. 31 32 2013 BUDGERT DEVELOPMENT DISCUSSION 33 34 City Administrator Dickinson stated staff is starting to focus on the 2013 Annual Operating 35 Budget Development process. He stated as part of the budget process, pay steps for eligible 36 employees would be included in the 2013 budget proposal. A cost of living adjustment (COLA) 37 is currently being explored and is a topic of union negotiations. If City employees are granted a 38 COLA, the legal service contract would be treated the same. He stated staff had initial 39 discussions with the Anoka County Sheriff on the 2013 contract with discussions stressing 40 maintaining the status quo for 2013. Current negotiations for a status quo contract are at a 1.74% 41 increase. Staff is requesting direction on how to budget donations for 2013. 42 43 Councilmember Trude stated the City may need to issue an additional bond for a ladder truck 44 purchase. Andover City Council Workshop Meeting Minutes — May 22 2012 Page 9 1 City Administrator Dickinson stated the City set the self imposed limit to ensure the amount of 2 debt the City carried was not too high. 3 4 Councilmember Knight asked if a ladder truck is something the City needed to purchase. 5 6 Mayor Gamache stated the ladder truck is something that could be used to get above fires and 7 with the larger buildings in Andover this would be an asset. 8 9 Councilmember Howard stated the bucket on the ladder truck would also provide additional 10 safety. 11 12 City Administrator Dickinson stated he would have Fire Chief Winkel provide additional 13 information to the Council regarding the ladder truck. 14 15 Councilmember Trade clarified the staff retirements would be occurring in the next two (2) to 16 three (3) years. 17 18 City Administrator Dickinson clarified next year the City's Building Official may be retiring. It 19 is important for the City to make an appropriate succession plan. Staff will make 20 recommendations as needed. 21 22 Councilmember Trade suggested the City's donation for Alexandra House be increased to meet 23 their request. 24 25 It was the consensus of the Council to increase the donation to Alexandra House to the requested 26 amount. 27 28 City Administrator Dickinson stated staffing will be reviewed moving forward and staff is 29 encouraging departments to get back into training programs. 30 31 2012 GENERAL FUND BUDGET PROGRESS REPORT 32 33 City Administrator Dickinson stated monthly review of the City Budget progress to the 34 Governing body is a recommended financial practice and often viewed positively by rating 35 agencies. He noted all percentages are indicating that we are on track. 36 37 APRIL 2012 CITYINVESTMENT REPORT 38 39 City Administrator Dickinson provided a summary of the City's Investment portfolio. He stated 40 the City of Andover Investment Policy recommends the Finance Director present to the City 41 Council quarterly the detail listing of investments held by the City. He also presented to the 42 Council the debt payment schedule and stressed the importance of matching cash flow to debt 43 maturity dates. 44 Andover City Council Workshop Meeting Minutes — May 22 2012 Page 10 OTHER TOPICS City Administrator Dickinson stated anyone interested in attending the Local Government Officials Meeting should let him know by Wednesday, May 23rd. Mayor Gamache and Councilmember Knight would be attending. City Administrator Dickinson stated as part of internal controls each councilmember is asked to change their online passwords. 10 Mayor Gamache stated he had attended a meeting with residents in opposition to the Wal -Mart 11 proposal. There were seven (7) people in attendance. The bottom line is people do not like Wal- 12 Mart and this is mostly due to the Coon Rapids location. The union issue did not come up as 13 being a problem but there are concerns about lighting, traffic and the impacts to the environment. 14 Wal -Mart will be providing storm water ponds on the property in accordance with all 15 environmental regulations. The residents felt the money Wal -Mart would generate for the City 16 would be offset by the need for additional police and road improvements. The residents also 17 believe the Coon Rapids location will be closed forcing those patrons to come to Andover. He 18 also explained the City of Andover business ordinance does not allow for 24 -hour continuous 19 operations so a 24 -hour Wal -Mart may not happen. 20 21 City Administrator Dickinson explained based on feedback from Wal -Mart representatives, Wal- 22 Mart does not intend to close the Coon Rapids location. 23 24 Mayor Gamache stated he is not in favor of a liquor license for Wal -Mart. The City has been 25 distributing liquor licenses evenly throughout the City and the number available is based on 26 population. City Attorney Baumgartner has stated the City does have discretion in this and it can 27 be based on how the City has approved these in the past. 28 29 Councilmember Trude stated based on population the City would need to grow an additional 30 5,000 residents before another liquor license could be issued. 31 32 City Administrator Dickinson stated residential development has had a significant increase and 33 this is in part due to the City's pilot program for collecting fees from residential developers. This 34 program is set to expire at the end of the year and the Council may be asked to consider 35 extending it. This will be brought forward at a future workshop. 36 37 Councilmember Trude requested City Administrator Dickinson look into the City's ordinances 38 regarding chickens on residential property in order to provide a response to a resident. 39 40 Councilmember Howard stated the baseball dugouts are being proposed to have asphalt shingles 41 and the Council had approved metal roofing. The problem with the asphalt shingles is they break 42 when they are hit by baseballs, are susceptible to vandalism and require more maintenance. 43 44 Councilmember Trude asked who decides when a game is called due to weather. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Andover City Council Workshop Meeting Minutes — May 22 2012 Page 11 Councilmember Knight stated it is up to the umpire to call a game and the rules are specific. If lightning can be seen on the horizon then the game is to be called. ADJOURNMENT Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to adjourn the May 22, 2012 City Council Workshop. The motion carried unanimously. The meeting adjourned at 9:11 p.m. Respectfully submitted, Tina Borg, Recording Secretary 9kND6W 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 Administrator / Finance FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: June 5, 2012 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $146,040.43 on disbursement edit list #1- 5 from 05/14/12 — 05/31/12 have been issued and released. Claims totaling $179,373.40 on disbursement edit list #6 dated 06/05/12 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 $325,413.83. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Z%4 Lee Brezinka Attachments: Edit Lists z z z z z z z w V W W W W W W W u O U N O M D 7 O^ Vt G ^O ~O CiN GJN NN 'U N N N tiN NN 4 U M U M V M U M U M U M U M d ❑ N G N N a N r N N A 7 0 c O 3 0 3 0 a 0 7 0 p 0 G a'O a'O O'O CO CO p oo 0 C ago vo ago vo 00 rno cno U) C) cno rno V) C) v,o %+� p x 0 x 0 x 0 x of x of x Oi U d U O U O U O U O U O U o U O d R �y N N N N N N N E; O O O O O O 0 0 V1 Vt O O O O �/1 V1 V1 V1 OO -- cli M N N <1' V N N M M 00 W CD Cb .O.L W W W °O > O O u O O O ° x L M c6 cJ O a m v� cC m N Cl) cn En m ycn .. 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ON C4 N N V] U V) p 3 3 U m O > v Ca L1 F O M O N 0 0 0 `OU U U ~ M 7 M n M G� U C U 3 s � U W Us r. E w z � ro Fes- F 0. C I T Y O F 3Z ,ND 4VE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrato FROM: David D. Berkowitz, Director of Pub i o s /City Engineer SUBJECT: Approve Easement /11 -10 /South Coon Creek Drive NW Reconstruction - Engineering DATE: June 5, 2012 INTRODUCTION The City Council is requested to approve the attached easement for Project 11 -10, South Coon Creek Drive NW Reconstruction. DISCUSSION For the reconstruction of South Coon Creek Drive NW and permanent drainage and utility easement is required to extend sanitary sewer to a future development area. The sewer will be extended outside the road so that when development occurs the road will not be impacted. Staff has worked with the property owner to secure the needed easement for a cost of $1.00 as the property owner understands the importance of getting the sewer line out of the road for future connection. The cost for construction will be collected as a fee once development occurs. Attached is the easement document for approval. BUDGETIMPACT The permanent easement has been negotiated at $1.00. The cost of the sanitary sewer portion of the project will be funded by the Sanitary Sewer Truck fund and recaptured through a fee when development occurs. ACTION REQUIRED The City Council is requested to approve the attached easement for Project 11 -10, South Coon Creek Drive NW Reconstruction. Respectfully submitted, David D. Berkowitz Attachments: Easement Document's PERMANENT ROADWAY, DRAINAGE AND UTILITY EASEMENT/TEMPORARY SLOPE AND CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENT, for valuable consideration, Robert E. Anderson and Susan G. Doll, 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 drainage and' utility. .purposes, 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: The East 330 feet of the North 660 feet of the Northeast Quarter of the Southeast Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota, as measured along North and East lines of said Northeast Quarter of the Southeast Quarter. Said easement is 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 remove trees, brush, undergrowth and other obstructions interfering with the location, construction and maintenance of the easement. 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 WITNESS WHEREOF, the parties have hereunto set their hands this day of M e, y 2012. AD 112 - Easement - 283224410002 By: — Robert E. Anderson / By: [ usan G. Doll Total Consideration: %• OD State Deed Tax Due: None STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this aVLday of /77aLd-� 2012, by Robert E. Anderson and Susan G. Doll, husband and wife as joint tenants, who Gas caused these presents to be executed or have set their hand the day and year first above writte WNotaT Pu IC E ues Jativa 3 y NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on 2012, the above described easement in this document. Dated: 2012. CITY OF ANDOVER THIS INSTRUMENT WAS DRAFTED BY: By: Hakanson Anderson 3601 Thurston Avenue Anoka, MN 55303 Telephone: 763-427-5860 AD] 12 - Fasement - 283224410002 x 0 a s J N Q m S E o N� O_O Io N N j 6Do cj v 1 Easement Exhibit > SOUTH COO Easement per $ t, Docg651642 O O m 0 O O '0 CY C1 0 N. a WOO L >_ ,— O O O O Z to C O a J L L O O PERMANENT EASEMENT DESCRIPTION North Line of the Northeast Corner of -- Northeast Quarter of the Northeast Quarter --� I the Southeast Quarter I of the Southeast — - - - - -- 1— _— ____ _ S89't6'SO:W Quarter N CREEK DR] sus 11 ,6 "E L =38 . 92 S89nq'al6 "E 5.47 �I \ ft= 33 920 '...� ... -- - --- - -- - -- Centerline of South _ -- Coon Creek Drive of "Line A" -- _d =05 34 29/ line A" 0 y 0 Line 53.00 feet South i of "Line A" - - -/ v: o CY N C7 L ' a_ W O O Z O L L 0 O !n O Q O C J O W Q, 4 d W 0 7 C'1 r A permanent easement for drainage and utility purposes over, under and across that part of the East 330 feet of the North 660 feel of the Northeast Quarter of the Southeast Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota; as measured along the North and East line of said Northeast Quarter of the Southeast Quarter. Said easement lies north of a line drawn parallel with and distant 53.00 feet south of to be described "Line A" and south of a line drawn parallel with and distant 33.00 feet south of the following described 'Line A'. Commencing at the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence South 89 degrees 16 minutes 50 seconds West assumed bearing along the North line of said Northeast Quarter of the Southeast Quarter a distance of 330.00 feet; thence South 00 degrees 24 minutes 52 seconds West along the West line of said East 330 feet of the North 660 feet a distance of 22.00 feet; thence South 89 degrees 11 minutes 16 seconds East a distance of 209.97 feel to the point of beginning of said "Line A "; thence South 89 degrees 11 minutes 16 seconds East a distance of 5.47 feet; thence -Easterly along a tangential curve concave to the south having a central angle of 05 degrees 34 minutes 29 seconds a radius of 400.00 feet o distance of 38.92 feet and said 'Line A' there terminating. Area of Permanent Easement 792 sq. ft. = 0.018 acres Property Owner: Robert Anderson, Susan Doll 2424 South Coon Creek Drive NIN Denotes Andover MN 55304 Ease7nent Scale PID No.: 28- 32 -24 -41 -0002 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. OS /ot /t2 ChurlChorl . rson, MN License No. t 8420 Oote �- H'tkanson I Anderson c.�a e,gm",�, a�.e _a,a sir, >yor, 55203 763_427 -5eM FM 703- 427 -0529 Droinoge & Utility Easement Exhibit for Port NE 1/4 of the SE 1/4 9;EE; 1 ar Z SHET' 77­0_570171 2 of m AD 119 EXHIBIT A A permanent easement for drainage and utility purposes over, under and across that part of the East 330 feet of the North 660 feet of the Northeast Quarter of the Southeast Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota; as measured along the North and East line of said Northeast Quarter of the Southeast Quarter. Said easement lies north of aline drawn parallel with and distant 53.00 feet south of to be described "Line A" and south of a line drawn parallel with and distant 33.00 feet south of the following described "Line A ". Commencing at the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence South 89 degrees 16 minutes 50 seconds West assumed bearing along the North line of said Northeast Quarter of the Southeast Quarter a distance of 330.00 feet; thence. South 00 degrees 24 minutes 52 seconds West along the West line of said East 330 feet of the North 660 feet a distance of 22.00 feet; thence South 89 degrees 11 minutes 16 seconds East a distance of 209.97 feet to the point of beginning of said "Line A "; thence South 89 degrees I 1 minutes 16 seconds East a distance of 5.47 feet; thence Easterly along a tangential curve concave to the south having a central angle of 05 degrees 34 minutes 29 seconds a radius of 400.00 feet a distance of 38.92 feet and said "Line A" there terminating ADI 12 - EXHIBIT A - 283224410002 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 AdministraU FROM: Lee Brezinka, Assistant Finance SUBJECT: Amend Fee Ordinance — City Utilities Search Fee DATE: June 5, 2012 D INTRODUCTION Connexus Energy, our utility billing service provider, is continuously getting requests for outstanding utility balances on properties located in Andover. In 2011, they did approximately 450 title letters and in the first two months of 2012, they did 85. It costs Connexus Energy about $25 each time one of these requests is processed and, pursuant to the contract, they want to pass that cost on to the City. DISCUSSION In discussion with Connexus Energy, a compromise was discussed and a new process was agreed upon. All requests would be directed to the Deputy City Clerk who then would request the information from Connexus Energy and fill -out the title letter. For this process, Connexus Energy is willing to drop their fee to $10 per request. The City would then charge the requestor (title company or realtor) a fee of $20 to cover staff time and Connexus Energy's fee. ACTION REQUIRED The Andover City Council is requested to amend the fee ordinance effective July 1, 2012 with the addition mentioned above. Respectfully submitted, Lee Brezinka Attachment: Ordinance Amendment CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. AN ORDINANCE AMENDING CITY CODE TITLE 1 -7 -3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: City code 1 -7 -3 is hereby amended as follows: City Utility Search Fee: $20.00 Adopted by the City Council of the City of Andover this 5th day of June 2012. Attest: CITY OF ANDOVER Michelle Hartner — Deputy City Clerk Michael R. Gamache — Mayor 5. 9 C I T Y O F ND OVE A- 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 Council Members Jim Dickinson, City Administrator / Finance Lee Brezinka, Assistant Finance Director Accept Contribution / Justin & Elizabeth Higgins / Hickory Meadows Park June 5, 2012 INTRODUCTION This item is in regards to approving a resolution accepting a contribution made by Justin and Elizabeth Higgins to be used towards Hickory Meadows Park. Justin and Elizabeth Higgins have made a one -time contribution of $282. ACTION REQUIRED The City Council is requested to approve the resolution accepting the contribution. Respectfully submitted, - wi3 - Lee Brezinka Attachments: Resolution 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 USED TOWARDS HICKORY MEADOWS 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 Justin and Elizabeth Higgins of $282 is to be used towards Hickory Meadows Park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards Hickory Meadows Park. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of June 2012, 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 AN66W ? 1 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve City Council Goals and Values/Progress Report DATE: June 5, 2012 INTRODUCTION On June 7, 2011 the City Council adopted the City of Andover 2011 -2012 Goals and Values. The values and goals were summarized into the following categories: 1. Fiscal 2. Commercial/Residential Development/Redevelopment 3. Collaboration 4. Service Delivery 5. Livability /Image DISCUSSION At a few of the past City Council workshops, the Council has received progress reports on the goals and - discussed whether or not that goals listing was acceptable going forward or should be added to or reduced. At the May 22d workshop meeting, the Council indicated that the attached Goals and Values document was fairly inclusive and as such would be amenable to adopting those goals and progress report at a fixture Council meeting. ACTION REQUESTED City Administration is seeking formal City Council approval of the 2012 -2013 City Council Values and City of Andover 2012 -2013 Goals and Values Fiscal Values: Statement: The City recognizes the following fiscal values as the basis for delivering current and future services to the residents of Andover. 1. Assure city financial stability through cost effective services. 2. Focus spending on community needs; wants need to be supported by new or redirected sustainable revenues. 3. Explore new revenue streams. 4. Don't commit dollars today that will commit the City to unsustainable future expenses. Progress Report: • The 2011 budget completed the year with both positive revenue and expenditure variances. The 2012 Budget was developed with specific guidelines that were adopted by the City Council and is being implemented following Administrative directives consistent with the adopted Fiscal Values. • Looking forward to 2013 the City Council has again adopted specific guidelines for the budget development; those guidelines have the Council and City Staff continually analyzing services. The annual Capital Improvement Plan development process evaluates current and future infrastructure improvements extensively to determine long term financial sustainability. �a City of Andover 2012 -2013 Goals and Values Commercial/Residential Development/Redevelopment Goals: Value statement: The City wants to be supportive of those invested in or wanting to be invested in our community. 1. Review TIF district expirations; discuss future planning and options available which may include the creation of new TIF Districts. 2. Facilitate upgrades or redevelopment of blighted or underdeveloped commercial /industrial parcels. 3. Help stimulate business growth in Andover through more business friendly municipal costs, regulations and support programs. 4. Develop a business outreach plan to improve City relationships with the business community. 5. Analyze existing commercial areas to determine if expansion is feasible and seek out new areas to serve the community. 6. Continually evaluate how to meet sewer /water and street needs of any proposed development and redevelopment projects. 7. Review City development processes to help reduce unnecessary steps, time delays and development costs. Progress Report. • The TIF districts status is reviewed continually with the EDA. The EDA has also started the process to acquire blighted properties making way for future redevelopment options. • The City Council has eased signage restrictions, has agreed to reduce commercial water utility connection charges, has initiated a retail market analysis, and has created an additional TIFDistrict to facility a senior housing project. • The City Council approved a pilot project for residential developers where the fixed fees, along with park dedication & trail fees, are collected at the time of building permit and variable fees be collected at time of final plat. The collection process is outlined in the development contract for each plat, and the developer signs an assessment agreement in the event the lots are not built on within two years the City would assess the fees to the lots not yet built on. • City Staff has increased involvement with the local chambers of commerce and is continually making efforts to get out and visit business owners to determine their needs. The Anoka Area Chamber relationship is very positive; the Metro North Chamber relationship is still being cultivated. • Relative to evaluating sewer /water needs of proposed development, the primary involvement has been offering municipal service at the time of reconstruction of roadways. The City was successful in securing a CDBG grant to make water service available to a currently unserviced neighborhood. ^ 3- City of Andover 2012 -2013 Goals and Values Collaboration Goals: Value statement: The City is supportive of collaboration efforts that are cost - effective and improve efficiency in delivering services. 1. Rethink how we deliver existing basic city services and seek lower cost with increased productivity. 2. New collaboration opportunities must be a win -win for the participating cities. 3. Continue to work on developing working relationships with: school district, county, and adjoining cities; the goal being to reduce costs, improve delivery of services, and be as efficient as possible. 4. Seek County support on meeting the City's needs relative to transportation, in particular on how improvements to County and City infrastructure can solve traffic problems for our residents, assist existing business, and help attract new businesses. 5. Work with waste /garbage haulers to determine if a more efficient garbage collection process for the community can be achieved. Progress Report. • Administrative directives for the 2011& 2012 budget and the Council adopted 2012 budget development guidelines for 2011 & 2012 stress seeking out efficient and cost effective services. • The City is pursuing collaborative opportunities with the County, School Districts, and neighboring cities. City Administration is currently working with the County to determine if the County Facility Maintenance Management System could provide efficiencies to the City. • The Bunker Lake Boulevard /7`h Ave reconstruction project is a good example of how the City and County can work together on transportation issues. But while some progress is being made, many other locations along County roads are in need of County participation either in the County actually doing a construction project or allowing the City or proposed development to do a construction project. Projects would include: turn - lanes, additional lanes, controlled intersections or reasonable access to a County road. IM City of Andover 2012 -2013 Goals and Values Service Delivery Goals: Value statement: The City is committed to providing efficient and cost - effective city services. 1. Determine if the City should reduce maintenance on parks not used or useable for cost savings; consider elimination of tot lots; focus development on larger parks and an expanded trail system. 2. Review the City relationships with the local sports associations to help provide for exceptional program delivery to the community. 3. Pursue paperless opportunities whenever possible and feasible. 4. Analyze the "administrative fine" process to reduce use of courts, increase local revenues, and improve code compliance. 5. Explore opportunities with law enforcement to improve community policing. 6. Pursue local programming during summer or school days for the community youth by effective utilization of the Community Center and the City's relationships with local service organizations. 7. Continually review our processes to reduce unnecessary or unwanted service deliveries. 8. Discuss employee salaries and the review process with the budget development process, this should include reviewing salary ranges, cost of living adjustments (COLA), longevity, and merit based pay. Progress Report. • The Park Commission along with City Staff is evaluating all City Park properties to determine future uses and improvements. Along with this process the Park Commission has invited the local sports associations and neighborhoods to participate in the process. • A task force was created to explore whether or not artificial turf is an option for the City to consider enhancing or expanding the current field offerings. A final report from this task force will be made in June. • The City is currently using a paperless City Council packet and City Staff is continually encouraged to use electronic meanings of communication to limit paper use, although we realize there still is a need or a requirement for paper options too. • City Administration and the City Attorney have been researching administrative fines and will make a presentation to the City Council during the 2013 budget development process. • As part of the 2012 budget process the City expanded the law enforcement contract to include an additional investigator to help with investigations and to pursue community policing in current "hot spots " within the community. —G - Service Delivery Goals (continued): • The City Council as part of the 2012 budget supported a teen after- school program with the YMCA. This program in conjunction with the Youth First program is intended to start meeting the early teen programming needs within the community. • Employee salaries are annually evaluated; comparisons with other comparable communities are showing the City is competitive. City Administration is evaluating a conversion to PTO (paid time offl versus the current sick and vacation leave program. OFM City of Andover 2012 -2013 Goals and Values Livabilit -Omage Goals: Value statement: The City recognizes that providing quality basic & desired services enhances the quality of life of our residents. 1. Pursue preserving open space when viable and feasible opportunities are available. 2. Continue efforts along Hanson Boulevard with promoting sustainable landscape. 3. Determine if the Livable Communities Program is a viable program for Andover. 4. Determine if Metro Transit can be expanded into Andover. 5. Be creative in improving and adding amenity options for the residents of Andover. 6. Review recent 2010 Census data and use for planning future projects. Progress Report. The Open Space Commission continues to evaluate properties as options for the City to purchase as part of the Open Space Referendum program. Minimal development has occurred so not much activity has taken place through the development process to preserve open space. Each Open Space acquisition proposal going forward will include cost estimates on access related costs and estimates on future maintenance cost. In addition, as part of the 2013 budget development a separate budget identifying the ongoing maintenance cost related to the open space purchases will be done. The City continues to monitor the past sustainable landscape plantings and continues to pursue property owners along Hanson Boulevard to expand the landscape offering. The Great River Substation landscape improvements were completed the summer of 2011. Met Council representatives were at a Council workshop and presented the benefits of participating in the Livable Communities Program. No decision to participate was made. Updated 2010 Census data is being used as a tool for economic development marketing. AC I T Y 0 F N D6 06 WE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLAN DOVER. MN. US TO: Mayor and Councilmembers FROM: Scott Baumgartner, City Attorney Jim Dickinson, City Administrat SUBJECT: Approve Resolution Amending Res. 124 -07 7Amend rre d Assessment Terms for Project 07 -43 — Allen Property DATE: June 5, 2012 INTRODUCTION As part of the Woodland Crossings, Cardinal Ridge and Shaw's Glen Developments public improvement assessments in 2007, some neighboring properties that did not petition for the improvements nor a part of the initial development, but had the potential for future urban development, were also assessed. Those neighboring properties' assessments were allowed to be deferred with specific terms. One of the property owners (Scott Allen) with a deferred assessment presented a specific request to modify the terms of the deferral, which was discussed at the April 24, 2012 City Council workshop meeting. Council direction from the workshop meeting was to work with the City Attorney to determine if there was something that could be done with the deferred assessment, in light of Mr. Allen's request, without setting precedent. It should be noted for the record that Mr. Allen is a City of Andover employee directly supervised by the City Administrator and, to mitigate a perceived conflict, the City Attorney was requested to be deeply involved in this request if the Council elects to modify terms. DISCUSSION Attached is the letter from Mr. Allen wherein he is asking the Council to consider modifying the terms of the current deferral as follows: 1. In the event that no development occurs on his parcel by September 4, 2017, the deferral remains a deferral and does not come due at that time. 2. In addition to #1, Mr. Allen is requesting that the deferral be extended to 15 years, and at that time, the deferral be depreciated in equal amounts over the next 10 years at which point the deferred assessment would expire. What Mr. Allen requested is similar to what has been requested by other developers and property owners in the community either facing an assessment or struggling being able to pay their current assessment. The extension of the term beyond what is recommended in the City Assessment Policy has been granted by the Council most recently for Grey Oaks Inc., Povlitzki Properties, LLP and the 2010 & 2011 Street Reconstruction Projects. The request for a depreciating deferred assessment has been granted by the City Council on properties with a potential lot split on street reconstruction projects, but only for the street improvements. Historically, the City has not let deferred water and sewer deferred assessments expire, but has exercised various options to collect. Discussion/direction from the April 24`h workshop indicated the City Council would consider extending the assessment on the street construction to 15 years and then allow it to depreciate over the next 10 years, and allow the water and sewer related assessments to accrue interest until 2017 and remain at that rate until the property is developed at which time the deferred assessment would become due. ACTION REQUESTED The Council is requested to approve the attached resolution amending the original resolution 124 -07 and corresponding special assessment roll pursuant to Council direction at the April 24th workshop. Respectfully submitted, Scott Baumgartner Jim Dickinson Attachments — 1) " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ADOPTING AN AMENDED DEFERED ASSESSMENT FOR IMPROVEMENTS OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 07 -43 ALLEN PROPERTY. WHEREAS, the City Council adopted Res. No. 124-07 on September 4, 2007. A resolution deferring assessments for various properties adjacent to Shaw's Glen, Woodland Crossings and Cardinal Ridge; and. WHEREAS, the City Council has determined it to be appropriate to amend the deferring assessments set out by Res. No. 124 -07 for the property described as PIN 15- 32 -24 -43 -0018. NOW, THEREFORE, BE IT RRESOLVED by the City council of the City of Andover that: The assessment for the property described as PIN 15 -32 -24-43 -0018 is to be deferred until one of the following occurs: 1. Division of the parcel by metes and bounds description or platting, upon sale of lots by such division, all special assessments shall be paid in full of new parcels created; 2. Sale of the parcel in existence at the time of this resolution; 3. Death of the last person who had an ownership interest in the property at the time of the resolution approving the deferral; 5. Creation of a lot that requires connection to City utilities by City Code All assessments that lose their deferral under 2, 3, 4 & 5 above shall be payable in equal installments of principal and interest over an 8 year period. The final construction assessment amount will be adjusted by the ENR Construction Cost Index from June 2007 until the time of termination of such deferral. In no event shall such assessment exceed 5.5% annually. City Fees, including the Fox Hollow Lift Station fee, will be adjusted from June 2007 to the current city fees at the time of actual development. If no development has taken place by September 4, 2017, a final deferred assessment amount will be determined and recorded. Starting the 16th year, the storm sewer, streets and seal coat assessment values will begin to depreciate in equal amounts for the next 10 years so as to achieve an assessment value of zero dollars, at which time the storm sewer, streets and seal coat assessment will expire. Adopted by the City Council of the City of Andover this 5 1 day of June, 2012 Attest: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Michael R. Gamache — Mayor _3_ -H - i 0 Z m CL 0 > m m .E r O 0. m a r N N M N R N O J N N C J p O -o E m C m m m .0 (Y�p m N t0] n @ m C E `m c y a ¢ (o Q °v m aoi c m J v E r ai 3 o J a O-0 O 9 N 23 F, fM (0 a c •c > m tin m a m y a amiE 46 0 7 m N p > J N c LL m E 2. 3 C 9 L_ 0 0 E U '�U w O LD m — L 2 c 0 » » » E2 a m 'v U m w L N 3 p c O N 0) > 00 N m1 m a l m m m E L _ m C'l N co O E N N U O $ Q ) m Z m m L N m O N M N m U C a C$ N m m E m v m aL. m m J O O O M O D) T O -p a C N O T N O m U m M a m > U J �_' N N m 0 N y U V1 M N % N M O N N - Om N .J M 0 N LL J .� 0 C 06 j m L E 60 to fA (A Cm N m L C N J m E .d Cj .0 m N" m a N r o m 0 rn 'o N m `o E o N .0 E E E m .0 m N N m C4 o r� U C 3 m c c >� 0. � c h m m m I m o 0) 000 c a o o 0 m rn M JJp c d m 4) N U N t0 a O C O.L. tc0 0 c N T N O m pp ) C w� Yi fA E9 fA N `2 L U C::ccg'o y m N U N U m c N m m C L V Egm m a m p• Em'a O o f - a '3 N,p y ) m O Tpc 0y LL 0) 0 Z N N Cu m 12 � y 3 Q E m Oct 0 m) O E C m m = N a E J 2 N - O r 0 N - R L O O N — C m C c V 0 m m c y m F 69 69 N�J M m L T p 0 c 0 T N U O pp c p E L O Q N O N m O N m c CL N It OD r O E O r E U m m y y o w 0 y � > 9 m m >+ V f C N 0 o o (p 0 U 0 o Co t ( >> m U) m U N EA U fA (fl tr i3 L N M N « L c w > d O LL N O N O r c0 m W •O R r (O � m C) o N O m 0 Z N p (00 E ` 0 N O O a O W z N�ODO o O o O(OM (nr t0 O N D- O MO to O) o N Mm, OO(ONO O, d C6 UN 0; N(7 M MRO(n NN L66 `y c N M O c C wo O) n r co (O d' (ON 0) r 0 0 N OHO NO)CJ W �vr a Q a J O O M r O U ODMN N OaO O) a M O N N O � r N= M fA fA m E9 m CL .. .. .. .. .. Z_HY m „ 0 0 � w ao0� oK ac) E 'v d c H a comO,NMV 0 0 (0 m Q j ry C 0 0 0 0 0 0 Fw- Q d N N N N N N N N Q w ya°_ o a m E O J - c a¢ E J z -H - i 0 Z m CL 0 > m m .E r O 0. m a r N N M N R N O J N Honorable Mayor & Council Members: April 11, 2012 On September 4, 2007, I had a deferred assessment levied against my property in the amount of $131,756.35 when the areas east and west of my property was developed. This assessment includes charges for water, sewer, storm sewer, streets, seal coat, and a lift station fee. My 2.5 acre lot was assessed based on the potential of it being split into 5 lots — l lot for my house and 4 potential lots. Currently I am not hooked up to any city services and do not intend to in the near future. According to the assessment sheet I received from the City, the assessment will no longer be deferred after September 4, 2017 even though I have not hooked up to city services or done any lot splits. (see attached assessment sheet — Note #4.) I agree that if I do a lot split and sell/develop any of those 4 potential lots in the near future that the assessment should be paid on that particular lot; but if nothing happens I am paying for something that I am getting no benefit from. I have seen in recent assessments that the amount is deferred for 15 years with interest and starting the 16`s year, the assessment begins to depreciate to zero over the next 10 years. This would allow the assessment to expire for the property owner who does nothing with their property. My request to council is to replace the term date of September 4, 2017 with similar language used in recent assessments where property owners are being assessed for potential lots that they split into: The assessment amount will accrue interest for the first 15 years at 4.5% or the ENR Index, whichever is lower. Starting with the 16th year, the assessment value will begin to depreciate, in equal amounts over the next 10 years so as to achieve an assessment value of zero dollars, at which time the deferred assessment will expire on September 4, 2032. Thank you for considering my request. Sincerely, Scott Allen 15873 Linnet St NW Andover, MN 55304 _5_ M M n (C CC O F � fyy0 M PJ � N W tq T 'M m p f'0 n N a!r N C 0 0) y t• !J Oi N N N O (y � Ol N t` lM r to N I o Cq 0 0) r O t0 O Y LO V o mi Nwn w ui N p 00 0 j N r r N t9 FA N N h � N h a y r N w to b N A C 16- o N O U) N e M O M O H a w c v� mo` v y � lrl C 'v f N M W F F- Z0C) O U � p a m G G m w JO v` m F�OtE R Q K h y O' a m 3 Q h Y C N arc a E 0 z O N O OD � N p � O Q C T oM7 o O C L C 3 N N NN�a. ,Z� V 1NC av 0 U M aa'E a N tQ � G ..0.. 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N a sC+ E m � GG m C QUA C C t' o.E� v O'd aXO tan/_ac m'mOi �N TvmO ms a. m o C4 N O N o O p m� Ea —��'E� c�j N O 0 N >�m`2aac E $ € Z F 0 mrn 13 V10 a° m� m+ X02 ��-- C46 e} N aS AIL W I- O 2 MN rOm rfl NO th«O Vi IN fV InO O O N O r O r C-40 M N r V n u C6MC6N C r OoJn �OMr ry r r m sA m 'u C ro rn o N N N N N N N N O roa Q O a a e w 6 N a N M N H m O J N iAkND0VE^. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Vf*ks / City Engineer 6160.__ SUBJECT: Hold Public Hearing/Order Plans & Specs /11- 47/174" Ave. NW, Heather St. NW & 173rd Ln. NW - Engineering DATE: June 5, 2012 INTRODUCTION The City Council is requested to hold a public hearing at 7:00 PM for Project 11 -47, 174th Avenue NW, Heather Street NW & 173rd Lane NW. DISCUSSION A feasibility report was previously prepared for this improvement project and was submitted to the City Council at the May 1, 2012 City Council meeting. A petition was received from the neighborhood fronting the existing gravel roads on 174a' Avenue NW, Heather Street NW, and 173rd Lane NW. The petition was accepted by the City Council at the January 3, 2012 City Council meeting. The petition was signed by ten of the sixteen affected properties in the neighborhood, all in favor of the improvements if the costs were determined to be feasible. There are six properties that did not sign the petition or were unavailable. There were no signatures from the affected residents objecting to the project. A neighborhood meeting was held on April 3, 2012 to discuss the petition, estimated costs for the improvements, answer questions, and provide a potential project schedule moving forward. The existing gravel roadways in this area are approximately 18' wide. Proposed improvements would include widening the roadway corridor to have a 22' wide paved surface, plus B612 concrete curb and gutter on the vast majority of the area (25.33' wide from back of curb to back of curb). For emergency access and a minimum allowed paved drive lane of 11', a 22' wide paved surface is recommended in neighborhoods. The proposed width of 25.33' back to back is the minimum acceptable width for improvements to existing City streets. A standard street section in a rural setting in the City is typically 26.66' b/b (reconstruction areas) or 31' b/b (new construction). A five -foot wide boulevard area would also be graded and cleared to allow for snow storage, signage, and private utilities. The roadway section would consist of 5" of aggregate base and 3" of bituminous, meeting the design standards for the City of Andover. The existing gravel on the roadway would be re -used as much as possible, but the majority of the proposed section would be imported. There is the potential to use reclaimed aggregate base that could be stockpiled from Mayor and Council Members June 5, 2012 Page 2 of 3 other 2012 construction projects in the City, which could help save some costs over purchasing virgin aggregate base material. B612 concrete curb and gutter is proposed for the area. This type of curb and gutter is narrower than the standard surmountable curb and gutter used in other areas of the City, which will help minimize the impacts to the boulevards. Drainage would be handled via the proposed curb and gutter, and would flow to existing low points. Curb and gutter would result in less impact to the neighborhood than construction of standard ditch sections The total estimated cost to pave the existing gravel roadways is $304,260.00. This estimated cost includes construction costs, contingencies, and indirect costs. The proposed project depending on City Council direction would be funded 100% by the property owners or through the City's Road and Bridge Fund (50 %) and special assessments (50 %) based on requirements set forth in the City's Assessment Manual (Policies and Procedures Guide). If 50150 split the City's share of the project costs is estimated at $152,130.00. The total estimated assessment amount is $152,130.00. The estimated assessment rate per unit is $9,510.00. If 100% assessed the assessment rate per unit would be $19,020.00. At the Public Hearing the City Council will need to determine if the project will move forward as a petition project with less than 100% signed or a City initiated project that will qualify for the 50150 cost split. Attached are the following: * Location Map * Letter to property owners regarding estimated assessment * Public Hearing Notice * Estimated assessment payment schedule * Sign in Sheet from Neighborhood Meeting * Email /Comment from property owner Note: The feasibility report was in the May 1, 2012 Council packet. BUDGET IMPACT The paving of the existing gravel surface would either be funded 100% by assessments or funded 50% from the City's Road & Bridge Fund and 50% assessed to the benefitting properties based on the City's Assessment Manual (Policies and Procedures Guide) and based on City Council direction. ACTION REQUIRED The City Council is requested to hold the public hearing, determine if this is a petition project (100% assessed) or a City Council initiated project (50% assessed) and approve the resolution ordering the improvement if so desired for Project 11 -47, 174th Avenue NW, Heather Street NW & 173rd Lane NW. IWOM Mayor and Council Members June S, 2012 Page3 of 3 Respectfully submitted, David D. Berkowitz Attachments: Resolution Ordering the Improvement, Location map, Letter to property owners regarding estimated assessment," Isublic Hearing Notice,' Estimated assessment payment schedule, Sign In Sheet from Neighborhood Meeting; Resident Comments' -3- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 11-47, 174TH AVENUE NW, HEATHER STREET NW & 173RD LANE NW AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 044 -12 of the City Council adopted on the 1st day of May, 2012, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 5th day of June , 2012; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 11 -47 . MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of June , 2012, with Councilmembers resolution, and Councilmembers resolution was declared passed. ATTEST: voting in favor of the voting against, whereupon said CITY OF ANDOVER Michael R. Gamache - Mayor Michelle Hartner- Deputy City Clerk - L-t - 174th Ave. NW, Heather St. NW & 66q 173rd Ln. NW - Gravel Road Paving 3157 -wa 3095 _ ' X17510 'O �w�♦,e � = ', :7 207 17619.€'..-. g "s , Amw fa w,• . ~~2937 3156 - 3092 3028: 7441 _�./ R h,i � �• s ,�T�.b .�i� NNMfi�lf � ^�'j y. '.y A _ C .,.- 2968 7425 3155 3129 3103 3055 3023 4 7409 Lz�j ^ _« a."�D •ewe.— - � ,i aE S`a n X17303 17247' 0 17285 �� , • -�+; . � °.mss a Legend Neighborhood Parcels 0 125 250 _5 1 500 m Feet 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV May 8, 2012 Re: 174" Ave. NW /Heather Street NW /173`d Lane NW (C.P. 11 -47) Public Hearing Notice Dear Resident: A feasibility report has been prepared to determine the estimated costs associated with road improvements in your area. The proposed project consists of shaping the gravel, storm sewer improvements and constructing a new bituminous surface with concrete curb and gutter. The total estimated cost to pave the existing gravel roadways is $304,260.00. The proposed project depending on City Council direction would be funded 100% by the property owners or through the City's Road and Bridge Fund (50 %) and special assessments (50 %) based on requirements set forth in the City's Assessment Manual (Policies and Procedures Guide). If City Council direction at the Public Hearing would be a 50/50 split, the City's share of the project costs is estimated at $152,130.00. The total estimated assessment amount is $152,130.00. The estimated assessment rate per unit would then be $9,510.00. If City Council direction is to assess 100 %, the assessment rate per unit would be $19,020.00. Enclosed is a public hearing notice for the proposed project. If you have any questions, feel free to contact me at (763) 767 -5133. Sincerely, CITY OF ANDOVER David D. Berkowitz, P.E. Director of Public Works /City Engineer Encl. cc: Mayor & City Council Jim Dickinson Jason Law 6- 04 32 24 33 0010 04 32 24 33 0012 04 32 24 33 0013 Marie L. Bakke Trustee Marie L Bakke Trustee Cory P. Thode 3154-174 th Avenue NW 3122 — 174th Avenue NW 3104-174 th Avenue NW Andover, MN 55304 Andover, MN 55304 Andover, MN 55304 04 32 24 33 0011 Brian J. & Amy M. Pogorelec 3054-174 th Avenue NW Andover, MN 55304 04 32 24 33 0016 Boyd Barrett 3047 —173`d Lane NW Andover, MN 55304 03 21 13 33 0008 Eugene Eldon Dreon 3129-174 th Avenue NW Andover, MN 55304 04 32 24 33 0003 Gordon & Janette Bovee 3023-17&h Avenue NW Andover, MN 55304 04 32 24 34 0010 Dennis & Elizabeth Oswald 17371 Heather Street NW Andover, MN 55304 04 32 24 33 0004 Terry Edwards 3026 —174th Avenue NW Andover, MN 55304 04 32 24 33 0005 Daniel R. Thumble 3019-173 rd Lane NW Andover, MN 55304 04 32 24 33 0015 04 32 24 33 0006 Aaron R. & Jessica M. Vanwechel J.O. Steinbring & B. Knudson 3123 —173`d Lane NW 3155 —174TH Avenue NW Andover, MN 55304 Andover, MN 55304 04 32 24 33 0007 Charles Cheslock 3103-174 t Avenue NW Andover, MN 55304 04 32 24 34 0001 Connexus Energy 14601 Ramsey Blvd. NW \Ramsey, MN 55303 n'�) - 04 32 24 33 0009 Mark & Marcine Evan 3055 —174th Avenue NW Andover, MN 55304 04 32 24 33 0018 Jeannie R. Hill 3056 —173`d Lane NW Andover, MN 55304 11 -47 C T Y 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENTS PROJECT NO. 11 -47 174th Avenue NW /Heather Street NW /173`d Lane NW NOTICE IS HEREBY GIVEN that the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, at the regularly scheduled City Council meeting on Tuesday, June 5, 2012 at 7:00 PM to consider construction of the following improvements: Street Paving The properties to be assessed, pursuant to Minnesota Statutes Section 429, for the improvements are within the following described area: 174th Avenue NW /Heather Street NW /173`d Lane NW The estimated assessment rate is $19,020.00 / unit. Such persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. 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EA EA V N (n0 m m co m c] r r V O O O O N N 'U N 1 r ci EA fA EA Cam] M (n0 M m 0 co N I ( m co N N m N N V V to 64 (R O to (n0 On 7 (O W N m M N M r m 64 EA A M M n0 r w n V r N r (p m O O 0 00 M N M N ER VJ FA U) O O r N M (D n N W R N r r � EA (fl fA N C (nD V m N r N r n 00 to m O n v N m N r v3 (» » (NO O nD M c6 of r r N r N W o MC v m F � � c � IL m CL r c fL _ Rv - 0 0 LO LO m �U) 0 M LO Z L� w OO Z ❑ Z Z< Lu U > O> o> Z• Q M N 3 � Z O K M Q > r- -j X 7 Q OLL ED Z 0 U) 0 O r to co co 41 .v, ral A N �c E a a N i Q ti M °o o d 0 Q .s cno>'E L�� a 1 CD ti r J`- J �a m �s .1 O V CT ` �fp � V- a m` �v J J � ✓1 v C .J J •-'r-J _i Q C C W f I o fvn v � 1 a r r J �a m �s .1 O V CT ` �fp � V- a m` �v J J � ✓1 I o fvn it-q7 Dave Berkowitz From: Aaron Van Wechel [airon82496 @yahoo.com] Sent: Friday, April 13, 2012 8:44 AM To: Dave Berkowitz Subject: 173rd LN NW Paving Project Good Morning Dave, Hopefully this isn't too late to be of use for you. Just wanted to send you an email to let you know that we are in support of the paving project, as long as the city council is willing to do the 50% split. We aren't really in support of the project at the 100% assessed amount, since we don't see how just paving the road is going to add approximately $20,000 to the property value. We're not sure that it would even add $10,000 to the value, but we find that to be an acceptable price to pay for the paving of the road. We would like to see the road paved, even though the widening of the existing road will shrink our lot size somewhat. Aaron and Jessica Van Wechel 1 AC I T Y 0 F NLD6 06 AVYE 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 Administrator Dave Carlberg, Community Developm i ctor jl FROM: Courtney Bednarz, City Plannet SUBJECT: Consider Comprehensive Plan Amendment/Neighborhood Commercial to Urban Residential High Density /1640 and 1678- 155th Lane NW — Planning DATE: June 5, 2012 INTRODUCTION The applicant is proposing to construct a 70 unit senior assisted living facility on the subject properties. This residential project will require a change in the land use classification. DISCUSSION The current Neighborhood Commercial land use designation was established through approval of the Grey Oaks project. At that time commercial development of the subject properties was planned. The Comprehensive Plan establishes criteria for review of amendments concerning a proposed land use change. These criteria are listed below. The attached resolution provides suggested language to address these findings. 1. Conditions have changed since the present land use designation was established such to warrant the proposed amendment or the present land use designation is in error. 2. The proposed land use is compatible with surrounding land uses and with the goals, objectives and policies of the Comprehensive Plan. 3. There is capacity of public systems, facilities, and services to serve the proposed land use and capacity of these systems to serve other planned land uses is not adversely affected. 4. Agreement can be reached for the applicant of the proposed land use to pay for any increased capacity of public systems, facilities and services required to serve the proposed land use. 5. Potential impacts by the proposed land use on natural resources including vegetation, wetlands, floodplain and other natural features can be avoided or sufficiently mitigated as determined by the City Council. 6. To ensure a transition or buffer between urban and rural residential zoning districts. Planning Commission Recommendation The Commission unanimously recommended approval of the proposed land use change based on the findings in the attached resolution. The minutes from the meeting are attached. ACTION REQUESTED The Council is asked to approve or deny the proposed land use change. Suggested findings for approval are included in the attached resolution. Attachments Resolution Location Map Aerial Photograph Land Use and Zoning Change Detail Map Planning Commission Minutes Respectfully submitted, 4u4e rnar Cc: Roger Fink, Trident Development 3601 18`h Street South, Suite #103 St. Cloud, MN 56301 0- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE CLASSIFICATION FROM NEIGHBORHOOD COMMERICAL TO URBAN RESIDENTIAL HIGH DENSITY FOR PROPERTY LOCATED AT 1640 AND 1678 155TH LANE NW LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 1 GREY OAKS, ANOKA COUNTY MINNESOTA WHEREAS, the applicant has petitioned the City of Andover to change the land use classification of the subject property from Neighborhood Commercial to Urban Residential High Density; and WHEREAS, the City has established criteria for the review of changes to land use classifications and the proposed land use change satisfies these criteria as follows; 1. Conditions have changed since the present land use designation was established such to warrant the proposed amendment or the present land use designation is in error. The Neighborhood Commercial designation was assigned to the subject properties with the approval of the Grey Oaks Planned Unit Development for 352 residential units and three commercial lots. At that time commercial lots were designated for a daycare, office /retail and convenience gas station. Since that time the commercial lot designated for a daycare has been re- designated Urban Residential Low Density and developed into four single family lots. Additionally a convenience gas station has been constructed within the Andover Clocktower Commons development less than one half mile to the south. Andover Clocktower Commons contains additional commercial lots more suitable for commercial development due to the location and transportation improvements near the intersection of Hanson and Crosstown Boulevards. 2. The proposed land use is compatible with surrounding land uses and with the goals, objectives and policies of the Comprehensive Plan. The proposed residential land use, with appropriate screening and buffering, is compatible with surrounding land uses, which include the Grey Oaks senior housing development and single family neighborhoods to the south and across Hanson Boulevard to the east. 3. There is capacity of public systems, facilities, and services to serve the proposed land use and capacity of these systems to serve other planned land uses is not adversely affected. There is sufficient capacity within existing utilities to serve the proposed land use. Regional ponding for the Grey Oaks development was previously designed to accommodate storm water from the site. The proposed development will provide facilities and services to accommodate residents. 4. Agreement can be reached for the applicant of the proposed land use to pay for any increased capacity of public systems, facilities and services required to serve the proposed land use. There would be no increase in the existing capacity of public systems, facilities and services required to serve the proposed land use. 5. Potential impacts by the proposed land use on natural resources including vegetation, wetlands, floodplain and other natural features can be avoided or sufficiently mitigated as determined by the City Council. There are relatively few trees on the subject property. Several existing mature trees will be saved. The project will provide additional landscaping and screening. No wetlands or floodplain exists on the site. 6. ' To ensure a transition or buffer between urban and rural residential zoning districts. The site is adjacent to single family and multi - family residential neighborhoods. Screening and buffering from adjacent single family neighborhoods will be provided. WHEREAS, the Planning and Zoning Commission has conducted public hearing and recommends to the City Council approval of the amendment; and WHEREAS, The City Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, 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 adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council, approval of a plat for Arbor Oaks and amendment to the Grey Oaks Planned Unit Development: 1) Change the land use classification from Neighborhood Commercial to Urban Residential High Density for the subject property. Adopted by the City Council of the City of Andover on this day of 2012. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk — Lq - Michael R. Gamache, Mayor Comprehensive Plan Amendment to Change the Land Use Classification From Neighborhood Commercial to Urban Residential High Density Preliminary Plat of Arbor Oaks and Amendment to Grey Oaks Planned Unit Development xb Incorporated 1974 -E Subject Property W- \\YY/f 3 �S 15827 15873 Woodland Crossings 1570 1588 15886 Park a 158 �- 15842 15840 1568 rn A 1587 1587 158 : 1583575632 15830 12c P15827 15812 o ; v F 158611588 ° N 1584 1585 15820 1581 1581 15821 75822 158TH A 15798 y6� 1583 ^ 586 1583 15808 15807 15806 1580915610 15790 ` 56 1582 1582 15796 15797 15798 1579515796 15782 g66 60 15 191 15822 1581 1581 1151611 15783 a 1580 1580 1151 157 0 15772 1577515774 1578515766 7TH C1 15798 ^579 ' 11�15g�6 757fi0 15757 .°-' 15758 157571576 15761 15758 '� 15789 1116 151 nh^ ^'Y ry ry M 4 M � � ^ t A h 6 ry � tt n y ^ry 0 c n w ti 7 >S3 CmJ M 15666 o- 'h lS ^��O�yro 15625 hem m `O ry h��q h u'Ni co ry� N /~p 7577 15644 0S 1732 m 15544 > Z 42 15534 n58 tsszz 15520 1555 N �`flS rn rn m rn m m ro m n •- m m n °n n 1687 1665 'S m m ro = 7Sg7 ^ h ^o- d 15506 pVE 166 �`SUyb, 1548 1 1778 n C5 1641 ^ ^ 16 15496 ny ho n 553 1555 155611 b ^ 1553 1 F H 15483 15486 z rn m 15486 y1ry° o np9 6n 78832 1554fi 1554 2y 15527 7`sas rn 1547 1546 15476 y ^p 7S 7553 7 Si 15476 15473 1545 ^o`O R66 ya0 04i 7SS27 15536 ¢ 15451 466 15461 44 15 n ^� nP ^ � 15522 y1 nh ^p 957 1y ,Lc4 15435 1544TH LN 19 1542 nye°j cQ 6ry5 h 6rO ty ,. W ^p n5 ,50 ^ nhn v -' rn^o�ry 5<+q5 15408 15400 J p6 np`p m 15403 o 9426 1542115392 15389 m 1540 1539 1537 1537 Z O 15440 1537 1537 153 1536 11) 15431 '- a ;e 1 5355 Z 1573 �0; n in 7qg ^ p`a n no-Rr n't+'S S d, 1534 Q 1534E 15 15341 = a 3 75389 � o m r 1 dti6 iii �O m n 1&1,321532 1532 �� 1537 m o m °f ' cps' 7 9�Y v 1532 1536 n o a `r 97 > >n• 2) M 1531 uri ;, �p 6 15302 1,99 Purple Park 15245 1409 15240 15219 7V, xb Incorporated 1974 -E Subject Property W- \\YY/f 3 �S -6 - L Q ro I t4 O 0 O .r- CL v Q ( I I ) O 1 NDOVEA Land Use Change Detail Map Comprehensive Plan Amendment to change land use classification from Neighborhood Commercial to Urban Residential High Density Lot 1 and 2, Block 1 Grey Oaks, Anoka County, Minnesota Existing Land Use = NC - Neighborhood Commercial Proposed Land Use = URH - Urban Residential High Density P.M1 Legend RR - Rural Residential URL - Urban Residential Low Density - URM - Urban Residential Medium Density - URH - Urban Residential High Density TR - Transitional Residential LC - Limited Commercial - LC/MD - Limited Commercial /Medium Density NC - Neighborhood Commercial - GC - General Commercial ® TC - Transitional Commercial O LI - Light Industrial - P- Public ® RRR - Rural Reserve os - open Space - AG - Agricultural N W E S Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 2 PUBLICHEARING. Comprehensive Plan Amendment (12 -01) to change the Land Use Classification from Neighborhood Commercial to Urban Residential High Density at 1640 and 1678 1 55`h Lane NW. City Planner Bednarz noted the purpose of this item is to hold a public hearing evaluate the proposed land use change with the criteria established by the Comprehensive Plan and make a recommendation to the City Council. He reviewed the proposed change to the Land Use Classification and the criteria established by the Comprehensive Plan for review of amendments concerning a proposed land use change with the Commission. Commissioner Olson asked what the zoning is for this parcel. City Planner Bednarz stated the zoning is M2 or Multiple Dwelling, High Density. Commissioner Olson asked what the difference is between land use designation and zoning designation. It does not appear these two (2) items are the same for this parcel. City Planner Bednarz stated land use designations provide a generalized description of the type of development that could be in a particular area and the zoning designation provides more specific dimensional standards and specific uses that are allowed within each district. Commissioner Olson clarified the request was for changing the land use designation from Neighborhood Commercial to Residential High Density. The Comprehensive Plan shows this parcel has a zoning of Neighborhood Business not Multiple Dwelling, High Density. He asked if the City would have to rezone this parcel. City Planner Bednarz stated the City would not have to rezone this parcel. Commissioner Gudmundson asked if other parcels in this area had been changed from neighborhood commercial to residential. City Planner Bednarz stated there had been one other parcel in this neighborhood that had been changed from neighborhood commercial to urban residential, low density. Motion by Commissioner Cleveland, seconded by Holthus, to open the public hearing at 7:10 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Scott McKenzie, 1687 155`x' Avenue NW, expressed concerns about having a three (3) story building in his back yard and the impact this would have on his privacy. He also expressed concerns about the spread of oak wilt in this area if the trees are disturbed. Chair Daninger stated the Planning Commission had received an e -mail from Mr. McKenzie as well. He clarified the discussion regarding the actual facility would take place when the PUD was discussed. _S Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 3 Mr. Patrick Gibson, 1696 155`h Avenue NW, Andover, expressed concerns about potential traffic impacts. Currently cars speed through this area and do not stop at the stop sign on Hummingbird and 155th Avenue and additional traffic will increase this problem. He stated he would like to see the speed limit on 155th Avenue decreased and a stronger sheriff's presence. Chair Daninger stated the applicant would provide some information regarding the expected traffic impacts during the PUD Amendment review. As far as current problems with traffic he encouraged Mr. Gibson to continue to work with the Sheriff's Department He clarified the current plan under review would not be addressing the current traffic problems. Motion by Commissioner Cleveland, seconded by Commissioner Olson, to close the public hearing at 7:16 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Chair Daninger stated items such as landscaping, screening, and traffic impacts will be discussed in detail during the PUD Amendment discussions. Commissioner Olson stated the proposed project is a good use for the property. He stated he would be a proponent for making this change. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to recommend to the City Council approval of Resolution No. , to Amend the Comprehensive Land Use Plan of the City of Andover to Change the Land Use Classification From Neighborhood Commercial to Urban Residential High Density for Property Located at 1640 and 1678 155th Lane NW. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. City Planner Bednarz stated that this item would be before the Council at the June 5, 2012 City Council meeting. PUBLICHEARING: Preliminary Plat of Arbor Oaks and Amendment to Grey Oaks Planned Unit Development located at 1640 and 1678 1 SSrti Lane NW. City Planner Bednarz noted the purpose of this item is to hold a public hearing and take input on the preliminary plat of Arbor Oaks and amendment to the Grey Oaks Planned Unit Development. He reviewed the proposed plat and the request for an amendment to the previously approved Grey Oaks Planned Unit Development. He reviewed the proposed project and design features with the Commission including the access, drainage and utility easements, park dedication and trail fees, the landscape plan, parking, and the trash enclosure, the minimum unit sizes and the set back changes being requested. He also pointed out the project will utilize a portion of the available density within the larger Grey Oaks development to allow the proposed 70 unit building. —Ci , 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 •CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administra Dave Carlberg, Community Deve me Director FROM: Courtney Bednarz, City Planner% SUBJECT: Consider Preliminary Plat of Arbor Oaks and Amendment to Grey Oaks Planned Unit Development/1640 & 1678 - 155`' Lane NW - Planning DATE: June 5, 2012 INTRODUCTION The proposed plat will combine two existing lots into one lot and establish drainage and utility easements at the perimeter of the property. The applicant is also requesting an amendment to the previously approved Grey Oaks Planned Unit Development for the proposed 70 unit senior assisted living project. The attached letter from the applicant summarizes the proposed project and design features. DISCUSSION Conformance with Local and Regional Plans and Ordinances A separate application has been submitted to request an amendment to the Comprehensive Plan for the proposed project. Please refer to that report for further discussion on this item. The current zoning designation is Multiple Dwelling High Density (M -2) which is intended for multi - family buildings like the proposed project. Access Two existing accesses to 155h Lane NW and a new access to Hummingbird St NW will serve the subject property. The existing access to Hummingbird St NW located across a natural gas pipeline will be required to be removed. Restoration of the street, trail and boulevard will be required. Anoka County Highway Department The attached memorandum from the Anoka County Highway Department requests the following: 1. Clearing of a bush near the intersection of 155th Lane NW and Hanson Boulevard 2. Dedication of the right of access to Hanson Boulevard 3. Construction of a southbound right turn lane along Hanson Boulevard The memorandum also suggests the city, if concerned about left turn movements, consider requiring a northbound left turn lane from Hanson Boulevard onto 155`h lane NW and/or a traffic study. Staff met with Anoka County on May 29`h and communicated that it would not recommend construction of a southbound right turn lane due to the fact that the proposed project significantly reduces the level of traffic from the previously approved land uses which did not require this improvement. Staff agreed that this improvement should be completed with future improvements to Hanson Boulevard. A condition of approval in the attached resolution requires the right of access to Hanson Boulevard to be dedicated to Anoka County. Lot The two existing properties are being combined into one lot. The lot will conform to the width and depth and area requirements of the M -2 Zoning District. Drainage and Utility Easements Standard ten foot wide drainage and utility easements are proposed at the perimeter of the site. A vacation of easement previously approved by the Council will vacate existing easements established with the Grey Oaks plat when recorded in conjunction with the plat. Park Dedication and Trail Fees Park dedication was paid for the entire Grey Oaks plat based on an appraisal that was prepared during that approval process. Trails were constructed throughout Grey Oaks as part of the initial construction and presently exist along the west, north and east sides of the site. Trail Easement A portion of the city trail along the south side of 155th Lane NW encroaches onto private property as shown on the attached plans. The applicant has agreed to provide a trail easement to the city to address this situation. A condition of approval in the attached resolution addresses this item. Landscape Plan The attached landscape plan shows quantities of trees and shrubs that exceed the city's requirements as indicated in the notes of that plan. Sod will be provided for landscaped areas outside of shrub beds. Both areas will be irrigated. Screening of Neighboring Residential Properties The area south of the proposed building will provide screening from homes to the south with a combination of existing and new trees in all of the available space for planting. A retaining wall has been added near the southwest corner to save additional existing trees. There is limited space for planting near the southeast corner of the building where the drive lane provides access to the rear of the building. The applicant has committed to working with the adjacent neighbor to address screening concerns, including planting trees on their property, if permitted. Parking City Code 12 -13 -8 provides a parking requirement of one stall per unit under `Elderly (senior citizen) housing' and only requires half of the parking stalls to be initially constructed. It also allows the Council to require additional parking stalls to be paved if need is demonstrated. The applicant has indicated that through extensive experience in constructing and operating these types of facilities, 50% of the stalls (35 stalls) will be sufficient. An additional 35 stalls for proof of parking are shown along the east and northwest portions of the site to meet City Code requirements. Trash Enclosure and Monument Sign Details of these features are attached. The trash enclosure conforms to the requirements of City Code 12- 13 -5G. A separate sign permit is required for the proposed sign. Coon Creek Watershed District Approval The applicant received approval from the CCWD for the proposed project at their May 29th meeting. Planned Unit Development (PUD) Review — Amendment to Grey Oaks PUD The Arbor Oaks project will utilize a portion of the available density within the larger Grey Oaks development to allow the proposed 70 unit building. Up to14.4 units per acre are allowed with planned unit development review in the Urban Residential High Density Land Use District. As shown in the attached plat monitoring spreadsheet, 441 total units could be allowed at 14.4 units per acre using the 30.64 net buildable acres within the Grey Oaks Development. The proposed project will not affect the previously approved 352 units for Grey Oaks (422 total units including proposed proj ect). The previous Grey Oaks PUD contains a significant number of items that would otherwise not comply with the City Code including street width, a variety of building setbacks, building height, parking requirements, unit sizes, minimum lot dimensions and variances to allow commercial uses on residentially zoned property. A copy of these standards is attached. The proposed Arbor Oaks project conforms more closely to City Code requirements. The applicant is proposing to create PUD design standards for the four features shown in the table below: 'A twenty foot parking setback is shown on the preliminary plat for the previously approved commercial uses on the subject property. 2 A five foot front yard parking setback was approved for several of the Grey Oaks condominium buildings including the one constructed at 16531 Linnet Street NW. PUD Findings and Design Qualities City Code 13 -3 -9 (attached) provides findings that are required for a PUD to be approved. City Code 13 -3 -11 identifies desirable PUD design qualities to assist in evaluating projects and determining whether there is sufficient justification for these findings. The following is a comparison of the proposed project to the desirable PUD design qualities. The attached Exhibit A identifies suggested findings for the proposed project based on the desirable PUD design qualities and the attached letter from the applicant. City P.U.D. Grey Oaks PUD Farmstead No. Item Code Request Comparison Comparison Reason for Request Standard 20 feet Reduced parking setback needed to accommodate'' 1 Front Yard Parking 20 feet 11 feet 20 feet Setback 5feet architectural variations in shape height and materials. See above. A limited area of Rear Yard 4'1" - 10 approximately fifty feet of drive 2 Parking /Drive 10 feet feet 20 feet NA lane encroaches into the Lane Setback setback Minimum See Applicant's Letter under 3 Apartment Size- NA 400 s.f. 580 s.f. 449 -518 s.f. Dwelling Units Studio Minimum See Applicant's Letter under 4 Apartment Size -1 700 s.f. 605 -933 s.f. 688 s.f. 518 -906 s.f Dwelling Units bedroom 'A twenty foot parking setback is shown on the preliminary plat for the previously approved commercial uses on the subject property. 2 A five foot front yard parking setback was approved for several of the Grey Oaks condominium buildings including the one constructed at 16531 Linnet Street NW. PUD Findings and Design Qualities City Code 13 -3 -9 (attached) provides findings that are required for a PUD to be approved. City Code 13 -3 -11 identifies desirable PUD design qualities to assist in evaluating projects and determining whether there is sufficient justification for these findings. The following is a comparison of the proposed project to the desirable PUD design qualities. The attached Exhibit A identifies suggested findings for the proposed project based on the desirable PUD design qualities and the attached letter from the applicant. 13 -3 -11: DESIRABLE PUD DESIGN QUALITIES: The following design qualities will be sought in any PUD: A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. The proposed project will utilize existing streets and existing accesses to 155th Lane NW. A new access to Hummingbird Street NW will be located further from the single family neighborhood to the south and will allow removal of the existing access that is located over a natural gas pipeline. Existing sewer, water and storm sewer services will be utilized by the project. B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. The site design separates parking areas from a front drop off area, loading area and area for the trash enclosure to prevent conflicts between these areas. Trails are located on three sides of the site and sidewalks are proposed around the majority of the building to provide safe access for pedestrians. An outdoor recreation area is also provided for use by the building's residents. C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back -to -back lots. There are single family homes to the west and south and across Hanson Boulevard to the east. A storm water pond and wetland are adjacent to the north of the site and a future 65 unit multi- family building is planned further to the north. Buffering between the proposed building and single family homes will be provided by a few existing and a majority of new trees. The attached landscape plan will be revised to improve this aspect of the project. D. Preserves existing stands of trees and/or significant trees. The site was cleared with the initial grading of Grey Oaks. The applicant is proposing to preserve as many trees as possible between the proposed building and single family homes. Additional landscape material will be added to the site as described above. E. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. The attached landscaping plan shows a variety of trees and shrubs that are arranged around the site to provide an attractive and varying landscape. The plan will also be revised to improve the overall design through the commercial site plan process. Significant plantings will be provided along the north and south sides of the site to offset the reduced parking setback at these locations. F. Preserves significant usable space on individual lots or through the provision of open space within the development. Outdoor activity space is shown to the west of the building and an additional landscaped area will be provided on the east side of the building. Due to the nature of the project, a significant amount of common space will be provided inside the building as described in the applicant's letter. G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. The site will remain relatively flat with the exception of rain gardens and small ponding areas that will be required for infiltration of storm water. Significant landscaping will be added to the site to complement the building and create attractive views into the site. Screening of residential properties to the south and west will also be provided. H. The proposed structures within the development demonstrate quality architectural design and the use of high quality building materials for unique design and detailing. The building is designed with four wings that share a common area at the center of the building. This design, changes in building height, roof design, architectural treatments and building materials break up the mass of the building and make it more compatible with the surrounding residential neighborhood. I. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. The site will be operated and maintained by TealWood Care Centers, Inc., as indicated in the attached letter from the applicant. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed preliminary plat and planned unit development. The minutes from the meeting are attached. The Commission suggested several modifications as follows: 1. Increase landscaping along the southern property line adjacent to single family homes as well as along the east side adjacent to Hanson Boulevard. The attached landscaping plan has been revised to extend a retaining wall along the south side of the site to save additional existing trees near the southwest corner of the proposed building. Landscaping along Hanson Boulevard has been revised to conform with the guidelines provided by Great River Energy. Staff will continue to work with the applicant to refine the species and location of plant material through the commercial site plan process. 2. Add side walk connection from trash enclosure to pedestrian trail at west side of site as well as from north side of building to the pedestrian trail along 155`h Lane NW. The applicant has indicated that a sidewalk to the trail along the west side of the site will be provided. The sidewalk is not shown on the current plan set. A condition of approval in the attached resolution addresses this item. It was determined that a striped pedestrian crossing near the main entrance to the trail along 155`h Lane NW may provide a false sense of security for pedestrians due to the limited reaction time to identify and react to a crosswalk when making a left into the site at the main entrance. 3. Carefully evaluate the turning movements of all vehicles that will visit the site to make they will be able to safely navigate the site. The attached turning movement graphic shows how vehicles will navigate the site. The Fire Department has indicated the proposed design is acceptable. It is important to note that the easterly access to 155`h Lane NW must be maintained to allow sufficient access through the site. 4. Consider closing the easterly access to 155`h Lane NW which is adjacent to the right turn lane. This item conflicts with the previous request. Larger vehicles entering the site from the main entrance or using the drop off lane can most easily exit utilizing the easterly access instead of turning around to exit at another point, especially if vehicles are in adjacent parking stalls. 5. Add more cultured stone exterior to the east building elevation along Hanson Boulevard. The attached and revised east building elevation shows that stone that has been added at each end of this side of the building. ACTION REQUESTED The Council is asked to approve or deny the proposed preliminary plat and planned unit development with any modifications the Council may wish to make to the proposed project. Suggested conditions of approval are included in the attached resolution Attachments Resolution Exhibit A - Arbor Oaks Planned Unit Development Findings Exhibit B - Arbor Oaks Planned Unit Development Design Standards Location Map Applicant's Letter Correspondence with Neighbors (2) Anoka County Highway Department Memorandum City Code 13 -3 Planned Unit Development Plat Monitoring Spreadsheet Grey Oaks PUD Design Standards Planning Commission Minutes Building Elevations (4) Landscape Plan Preliminary Plat Plan Set Trash Enclosure and Sign Details Res ctfully submitted, ou ey narz Cc: Roger Fink, Trident Development 3601 18`h Street South, Suite #103 St. Cloud, MN 56301 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ARBOR OAKS AND AMENDMENT TO GREY OAKS PLANNED UNIT DEVELOPMENT LOCATED AT 1640 AND 1678 155' LANE NW LEGALLY DESCRIBED AS LOT 1 AND LOT 2, BLOCK 1, GREY OAKS, ANOKA COUNTY, MINNESOTA WHEREAS, the applicant has requested approval of a preliminary plat and amendment to the Grey Oaks Planned Unit Development; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat, and; WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning Commission recommended to the City Council approval of the plat; and; WHEREAS, City Code 13 -3 -9 requires findings for approval of planned unit developments and the proposed project conforms to these findings as shown on Exhibit A; 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 the preliminary plat and an amendment to the Grey Oaks Planned Unit Development with the following conditions: 1. The proposed project shall conform to the City Code except as provided in the Arbor Oaks Planned Unit Development Design Standards of Exhibit B. 2. The plan set shall be modified as necessary to achieve commercial site plan approval by the City of Andover. 3. A concrete sidewalk shall be provided between the trash enclosure and the city trail along Hummingbird Street NW. 4. The building architecture shall conform to the plans stamped received by the City of Andover May 24, 2012. 5. Applicant shall provide documentation of agreement with Great River Energy to allow the drive lane to encroach into existing utility easement along east side of subject property. 6. The applicant shall be responsible for removal of the existing driveway apron to Hummingbird St NW, including restoration of the existing curb, boulevard and trail. 7. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 8. The applicant shall provide a trail easement in favor of the city to cover the, existing city trail that encroaches onto the property. 9. The right of access to Hanson Boulevard shall be dedicated to Anoka County with the final plat. Adopted by the City Council of the City of Andover this _'h day of , 2012. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor EXHIBIT A ARBOR OAKS PLANNED UNIT DEVELOPMENT FINDINGS PAGE ONE 1. The proposed development is not in conflict with the goals of the Comprehensive Plan of the city. Approval of the preliminary plat and planned unit development is contingent upon approval of a Comprehensive Plan Amendment to change the land use of the subject property from Neighborhood Commercial to Urban Residential High Density. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. The proposed seventy unit senior assisted living facility provides high quality architectural design and materials. The site improvements are carefully arranged to minimize impacts on surrounding properties, provide appropriate screening and buffering and areas for indoor and outdoor activities on the site. 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD. The proposed project conforms to the City Code with the exception of parking and drive lane setbacks and minimum unit sizes. Reduced parking and drive lane setbacks are needed to allow the proposed building design and architecture which provide variations in shape, height, materials and location of landscaped areas to break up building mass and create visual interest. The rear yard drive lane encroachment is limited to an area approximately 50 feet in width and less than 10% of the area along the rear property line. Both areas provide significant landscaping beyond the minimum requirements of the City Code. The proposed units are as follows: • Six (6) two bedroom units, approximately 900 square feet in size, which exceeds the 850 square foot minimum of the City Code. • Forty -three (43) one bedroom units, 19 of which will be between 605 -651 square feet in size with the remainder exceeding the 700 square foot minimum of the City Code. • Twenty -one (2 1) studio units, approximately 400 square feet in size. The proposed project provides common area amenities including outdoor activity space, congregate dining, fitness center, community room and coffee shop. These areas support activities, socialization and wellness programs outside of individual dwelling units. Within the enhanced services (memory care) wing, a greater level of staffing and assisted living is provided. Here, residents w i 11 h a v e over 7,200 square feet of common area in lounges, dining, activity and wellness areas. When the area of common space and studio apartments are combined, there is approximately 723 square feet of living space per studio apartment. E EXHIBIT A ARBOR OAKS PLANNED UNIT DEVELOPMENT FINDINGS PAGE TWO 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. The proposed project contains a single seventy unit senior assisted living building and associated parking and landscaped areas to serve the needs of the facility. The facility will be professionally managed by TealWood Care Centers Inc., a licensed care provider with more than 20 years of experience operating and managing over 50 nursing home and assisted living facilities. Tealwood arranges for all administrative, dietary, nursing, activities and maintenance staffing. All site improvements and building design features are coordinated with Tealwood to meet the needs of the residents and the operation of the staff. Tealwood also oversees marketing, leasing and licensing of the property. 10 EXHIBIT B ARBOR OAKS PLANNED UNIT DEVELOPMENT DESIGN STANDARDS The project will consist of 70 units of the 441 total units allowed at 14.4 units per acre using the 30.64 net buildable acres within the Grey Oaks Planned Unit Development. The proposed project will not affect the previously approved 352 units for Grey Oaks. No. Item City Code Standard Approved P.U.D. Standard 1 Front Yard Parking Setback 20 feet 11 feed 2 Rear Yard Parking /Drive Lane Setback 10 feet 4'1" - 10 feed 3 Minimum Apartment Size- Studio NA 400 s.f. 4 Minimum Apartment Size -1 bedroom 700 s.f. 600 -800 s.f. 'Refer to Arbor Oaks Plan set stamped Approved by City of Andover for location of reduced parking and drive lane setbacks. 11 0 Comprehensive Plan Amendment to Change the Land Use Classification From Neighborhood Commercial to Urban Residential High Density Preliminary Plat of Arbor Oaks and Amendment to Grey Oaks Planned Unit Development W rn 15827 Woodland Crossings b�� 1570 15873 1585 Park O 03 1 S21 1515842 ^yam 0 1 H LN 15840 ^� ry ' 15644 W1583215883515832 1732 � 15544 �^ 1583515832 15630 1582715812 15812 v � m � a ^� 58,4 issu 1581 15821 15822 15534 158TH vmi n n = 1687 1665 6y'3 1580 1580915810 1581715798 1580 = z 15790 h P� .s.•••..a: -.sir �•7.•:ili�L'tu��rt::' �r'GEe� d.E�E , EEEaoE E ©85RE Q,1� ErcleiE Ei¢IOiE EE.cOE Er'Tossc_ m M W n m m m n `flS� W W W rn m m m m m m 0 v 1771 1546 1546 y . "6 C I T Y O F NDOVER Incorporated 1974 15355 - 1xu rn n 15798 1579 15789 w S N n° n ^w m N Subject Property W-�-E s b�� O 03 1 S21 " ^yam 0 1 H LN ^� ry ' 15644 1732 � 15544 �^ 2 v � m � a ^� 58,4 issu 15534 uMi vaNi � web^ 1 m umi vmi n n = 1687 1665 6y'3 15506 11' ^b 555 unmi m N m m y on 1641 15496 15486 ^ h ^ 16 553 1 rym ^ b°j^ w 7 32 1553 1555 ^y ^ 15546 1 561 1 1554 15476 's✓E A wv 155 7`TSj t5 1 15`166 h w� 0 1552715536 21 ,,�"4�y ^per A S, 15522 551 S7j ❑ ^ ^? 15400 J co Z (n 1 i .....v n '^ieu N m^ P� M �� Q 1573. 15389 153 � °e n n W �Y� 7 •hJ lY 1O1' 1.1,96 see 0 O m 1 m ^ )urple Park 15245 1409 15240 15219 N Subject Property W-�-E s T RI ENT Development, LLC. 3601 18th Street South @ Suite #103 • St. Cloud, MN 56301 Phone: 320.258.4438 • Fax: 320.252.3603 April 16, 2012 Mr. David Carlberg Community Development Director Members of the Andover Planning Commission 1685 Crosstown Boulevard NW Andover, MN 55304 HAND DELIVERED Re: PRELIMINARYPLAT, COMPREHENSIVE PLAN AMENDMENT ARBOR OAKS ELDERLY /ASSISTED LIVING HOUSING DEVELOPMENT Dear Mr. Carlberg and the Members of the Andover Planning Commission: Trident Development, LLC is pleased to submit this request for preliminary plat and comprehensive plan amendment for your consideration. The following narrative is intended to generally describe the proposed project, as well as the operations and experience of the development team. It is also intended to explain the reasons for considering the above - referenced applications. LOCATION — The proposed development site is located at the southwest corner of Hansen Boulevard and 155th Lane NW (Grey Oaks subdivision). The subject property is currently vacant and consisted of two contiguous lots. Together the 2 lots total 3.00 + /- acres. The land is within the Grey Oaks Planned Unit Development (PUD) and is currently zoned M -2 Multiple Dwelling. LAND USE DESIGNATION - The subject site is currently zoned M -2 Multiple Dwelling, in which the proposed development is a permitted use. However, the current land use district is designated as NC- Neighborhood Commercial, hence the need for a Comprehensive Plan Amendment. Enclosed with this letter is a completed Comprehensive Plan Amendment Request Form requesting the land use district to be amended to Urban Residential High Density (URH). PUD AMENDMENT - In addition to the land use changes discussed above, an amendment to the Grey Oaks PUD will be necessary. The proposed site plan includes certain elements which are non - compliant with the current PUD standards. Specifically, those non - compliant items are as follows: • Front parking set -back • Rear parking/drive lane set back • Minimum unit sizes. The Arbor Oaks development plan offers additional architectural elements, landscaping and designs features which serve to off -set the non - compliant items referenced above. These off- setting elements and features are as follows: • Additional landscape plantings. (57 tree plantings vs. 28 required minimum) • Additional cultured stone exterior siding at rear and west end of building to enhance the appearance from Hummingbird road and the single - family homes to the south -13 • Additional off - street parking spaces (73 spaces provided vs. 70 spaces required) • Re- configured building design resulting in part two -story and part three -story structure • Decorative mullions in all windows and doors • Raised -panel garage doors with decorative windows in top panel • All - aluminum, powder- coated balconies and railings • Color -clad, maintenance -free steel siding • Decorative, heavy- gauge, color impregnated vinyl shake siding in dormers • Up- graded, (30 year) Architectural -grade asphalt shingles • Maintenance -free, decorative "ginger- bread" accent in dormers • All concrete drive -ways and parking surfaces • All concrete and cultured stone trash enclosure • Strategically placed landscape screening to shield views of parked cars, trash enclosure and parking lots • Upgraded, concrete landscape edging around planting beds, vs. standard vinyl edging. • Outdoor gazebo (approx. 100 sf) decorated by shrubbery and landscaping. Trident Development proposes that the additional and upgraded landscaping, site design and architectural elements serve to off -set the non - compliant items referenced above. We request that the PUD amendment allow for the reduced set - backs, smaller unit sizes and greater lot coverage, conditioned on the developer meeting the off - setting features and elements referenced above. OTHER LAND USE ACTIONS - In addition to the Comp Plan Amendment referenced above, Trident will be applying for a Preliminary Plat and a Vacation of Easement. The Plat and Vacation of Easement will serve to re -define the legal description (combining 2 existing lots into one contiguous lot) and removing all existing easements of the two lots. The new plat will re- establish drainage and utility easements necessary for the development. The application forms, exhibits and submittal materials are enclosed with this letter. DESCRITION OF PROPOSED USE — The proposed use is a senior, rental housing -with- services (assisted living) facility. The current proposal contemplates a mix of independent living apartments (8), assisted living apartment units (41) and memory support studio units (21) for a total of 70 dwelling units. The apartment units offer a variety of 1 and 2 bedroom floor plans that also include a complete kitchen with appliances. Apartment units range in size from 600+/ - square feet to 900 + /- square feet. The memory support studio units are approximately 400+/ - square feet. The facility will be staffed 24 hours a day. OFF - STREET PARKING — Arbor Oaks Senior Living proposes to exceed the off - street parking requirements as defined in City Code 12 -13 -8, G, "Type of Use" as Elderly (senior citizen) housing. Per the aforementioned Code, the site plan must demonstrate the ability to accommodate one (1) parking space per unit. Further, only one half of the required spaces are needed to be constructed with the initial development. The Arbor Oaks site plan provides for a total of 73 parking spaces, or 1.04 per unit. Of the 73 total spaces, 56 spaces (77 %) are to be built with the initial construction. The remaining 17 spaces are provided as "future parking ". Additionally, 21 of the Arbor Oaks units are specifically designated for memory support/dementia care residents. These 21 residents will likely not have a car. Therefore, the parking demand is generated more so by the 49 elderly apartments and the employees. TRAFFIC CIRCULATION AND DELIVERIES — To achieve efficient traffic circulation, the site plan utilized the existing three (3) ingress /egress points from the public streets. The trash -1 (- enclosure is located to a point nearest the Hummingbird Street entrance to reduce the noise of trash collection. Deliveries are expected to typically occur during normal business hours. Deliveries of food service products and other items have the option of a front or rear delivery. The deliveries that use the rear entrance will be screened by the dense existing tree vegetation which will be preserved. One of the southerly residential neighbors has an existing privacy fence screen the view of our rear delivery area. Attention was also given to the needs of fire and rescue vehicles. A slightly larger drive lane and turning radius is provided to accommodate fire truck access. DWELLING UNITS - Arbor Oaks Senior Living will offer a variety of assisted living apartment units. The preliminary architectural plans provide for six (6) 2- Bedroom units, forty -three (43) 1- bedroom units and twenty -one (21) studio units. The 2- bedroom units are approx. 900 square feet; the 1- bedroom units range from approx. 600 square feet to approx. 800 square feet. The studio units are approx. 400 square feet. Arbor Oaks is to be located in the Grey Oaks PUD. The Grey Oaks PUD has previously received approval for dwelling unit sizes which are different than unit sizes established by City Code. In the Grey Oaks PUD an efficiency unit of 580 square feet in allowed, and a 1- bedroom unit of 688 square feet is allowed. The management team believes strongly that activities, socialization and wellness programs for the residents are of high importance. Certain amenities are included within the building, such as congregate dining, fitness center, community room and coffee shop, which support the activities and socialization encouraged by management. Therefore, a concerted effort is made to involve the residents in dining, activities and wellness programs outside of their individual dwelling units. Trident Development submits that apartments unit sizes less than 688 square feet is acceptable because residents typically take advantage of the additional common area amenities that compliment their living environment. In the secured, enhanced services wing (memory care), a greater level of staffing and assisted living is provided. Here, residents utilize the common area lounges, dining and wellness areas to a greater degree than the AL residents. In the enhanced services wing, there is over 7,200 square feet of common area used by the residents, in addition to their studio apartments. When the area of common space and studio apartments are combined, there is approximately 15,200 square feet (723 sf /unit) of living space provided in this environment. DESCRIPTION OF MPROVEMENTS — The building concept is designed as an "X" shaped, 3 -story structure with pitched roof. As proposed, the average building height, (as measured to the mean distance of the pitched roof), is 35'- 4" from finished grade. At the end of each wing, the building height drops to a two -story structure. The building is wood -frame construction, on a slab -on -grade foundation, with hydraulic elevator service. An automatic fire suppression system is provided throughout the building, which is monitored 24 hours a day. The current parking plan provides for a total of 73 parking spaces, of which 7 are "tuck- under" garage bays and 66 are surface parking stalls, which will more than meet the parking needs for residents, employees and visitors. The proposed site plan contemplates initially building 56 (77 %) surface spaces and designating 17 (23 %) parking spaces as "future parking ". Traffic circulation is designed to provide convenient pick -up and drop -off at the front entry. Deliveries for the food service supplies and emergency vehicles have access to front and rear of the building. The suggested landscape planting plan far exceeds the minimum planting requirements per City Ordinance. The trash enclosure is intended to be concrete with cultured stone veneer. Other site improvements include an outdoor fenced garden path for memory support residents; landscaped gazebo area and three points of ingress - two from 1550i Lane NW and one from Hummingbird Street. A site planning meeting was conducted with members of City Staff on March 27, 2012, and the current site plan incorporates suggestions and input from City Staff. tS EXTERIOR LIGHTING - Exterior lighting is provided by two primary sources: wall/sconce lighting at entry doors and garage doors, and parking lot light poles. The wall/sconce lights are positioned to direct light downward to the sidewalk or doorway entry. The parking lot lights are a "shoe -box" style light head, affixed on a 25 -foot light standard, all mounted on a concrete base. The light poles and light box are dark- brown, metal anodized finish. It is intended that the light source would not be visible from the street. A photometric plan can be prepared upon request. FEATURES AND AMENITIES — The assisted living facility will include the following features and amenities: • Meal plan and scheduled activities. • Nursing aid and assistance with daily activities. • Transport van for schedules trips and transportation needs. • Library and high -speed internet access. • Beauty Salon • Spa with pedicure, massage and hydrotherapy tub. • Community room for resident parties and family gatherings. • Private dining room for special occasions. • Patient monitoring system • Controlled access entry system • Wellness center with specialized fitness equipment NEIGHBORHOOD INFORMATIONAL MEETING - On March 6, 2012, Trident Development held a neighborhood informational meeting. The meeting was held at the Grey Oak condominium building at 15550 Linnet Street NW. Neighbors within 350 feet of the subject site were invited by direct mail. In addition, neighbors outside of the 350 feet, but within the Grey Oaks subdivision, were invited by Mary Dauman. There were approximately 45 people in attendance, including most of the property owners residing directly south of the subject property. The proposed development met with very little neighborhood opposition. The general consensus was supportive and encouraging. Based on input from the neighborhood, the site plan provides: 1) a reduction of parking spaces in the rear of the building; 2) relocation of the trash enclosure; 3) attempt to utilize existing trees for visual screening; 4) additional tree planting along the Hummingbird entrance (since no privacy fence or tree plantings are allowed in the gas line easement area). PROFESSIONAL MANAGEMENT — The facility will be professionally managed by a licensed care provider, Tealwood Management. Tealwood brings over 20 years of experience in operating and managing over 50 nursing home and assisted living facilities. Tealwood arranges for all administrative, dietary, nursing, activities and maintenance staffmg. All site improvements and building design features are coordinated with Tealwood to meet the needs of the residents and the operation of the staff. Tealwood also oversees marketing, leasing and licensing of the property. (www.twdcc.com) DEVELOPMENT TEAM — Trident Development, LLC is based in St. Cloud, MN and has considerable experience in development and construction of assisted living communities and multi -story apartment housing. Trident is currently under construction with 70 -unit assisted living facility in Fridley, MN and a 79 -unit assisted living facility in Winona, MN. Trident has successfully completed numerous apartment and townhouse developments around the state. Trident's team of real estate professionals have over 30 years of real estate experience. Trident t6 and Tealwood work closely together in the design and detail of the assisted living facilities - to assure quality, functionality and to provide the highest level of resident care. PROJECT TIMING — We are eager to complete the municipal approval process by the end of May 2012 and proceed with construction commencement before July of this year. This will allow the facility to open in the late summer of 2013. Enclosed with this letter, please find the following: • A completed and signed Comprehensive Plan Amendment Request Form and a check payable to the City of Andover in the amount of $530.00. • A completed and signed 2011 Preliminary Plat Application Form and a check payable to the City of Andover in the amount of $730.00. • A completed and signed Vacation of Easement Request Form and a check payable to the City of Andover in the amount of $125.00. We thank you in advance for considering this land use change application and look forward to your comments and recommendations as we fmalize our plans. Please feel free to contact me at (320) 258 -4438 or (612) 242 -6097 if there are any questions. Regards, t Development, LLC Roger' Fink Sr. Vice President Enclosures C: Scott O'Brien, Trident Development, LLC Marty Fisher, Premier Commercial Properties 1 1 Courtney Bednarz From: mckenzie767 @comcast.net Sent: Tuesday, May 08, 2012 7:48 AM To: Courtney Bednarz Subject: Arbor Oaks My name is Scott Mckenzie I live at 1687 155th Ave NW, Andover, sharing the property line with the proposed site. I would like to ask the city to have the Arbor Oaks owner place a fence dividing the residential properties behind it. Also I would like to let the council know that there has been many cases of oak wilt in the area and that disturbing the trees in the summer months could spread the disease. I would like this added to public record. Thanks m May 4, 2012 Mr. Jason Anderson 1653 — 155th Avenue NW Andover, MN Re: Landscape Screening Dear Mr. Anderson, T RI`DEyN Development, LLC.T 3601 18th Street South • Suite # 103 • St. Cloud, MN 56301 Phone: 320 258.4438 • Fax: 320.252.3603 IVED MAY 1 2012 CITY OF ANDOVER As you are probably aware, Trident Development, LLC has proposed an assisted living apartment community to be constructed at 1640 — 155 Lane NW. In the spirit of being a good neighbor, we would like to make arrangements to meet with you regarding the fence that is located on your property just south of the proposed site. I would like to discuss any issues related to the landscape work that is taking place on our site. Please contact us at your earliest convince at our office number or via email at rogerf@lyomnn.com. Regards, Roger Fink Trident Development Cc: Courtney Bednarz 19 (13VI333*9 t YAK 'A 10 YTr %�.f COUNTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304 -4005 (763) 862 -4200 FAX (763) 862 -4201 Courtney Bednarz City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Site Plan - Arbor Oaks RECEIVED May 18, 2012 MAY 2 2 2012 cmr of ANDOVER We have reviewed the proposed site plan for Arbor Oaks, to be located in the southwest quadrant of the intersection of CSAH 78 (Hanson Boulevard) at 155' Lane NW within the City of Andover, and I offer the following comments: The existing right of way, adjacent to CSAH 78 is 75 feet west of the CSAI3 78 centerline, with a total, right of way corridor equal to 125 feet on this section of CSAH 78,.which should be adequate for future needs. Consequently,.no additional right -of -way will be required at this. time. It appears that there are sight distance deficiencies at the existing intersection of CSAH 78/ 155`1 Lane NW, with the obstruction being a bush. Clearing should be completed in conjunction with this development in order to satisfy the Sight Cotner Requirements to the fullest extent possible. Please note that no signs or plantings will be permitted within the county right of way, and care must be exercised when locating buildings, structures, plantings, berms, etc. outside of the county right of way, so as not to create additional sight distance obstructions along CSAH 78. As proposed, access for this site is to be made via the local roadway system at 155th Lane NW and at Hummingbird Street NW, which is consistent with county policy and is acceptable, and no direct access to CSAH 78 will be permitted for this site. The right of access along CSAH 78 for the entire length of this parcel should be dedicated to Anoka County. Please note that at some time in the future this section of CSAH 78 may be reconstructed to include raised median channelization, changing the intersection of CSAH 78/155`" Lane NW to right turn in/right turn out (RI/RO) access point, as the CSAH 78/155' Lane NW intersection does not meet access spacing guidelines to be a future full movement intersection. This development is expected to result in a change in turning maneuvers at the intersection of CSAH 78/155`' Lane NW, and consequently, construction of a S13 CSAH 78 right turn lane is required to be completed in conjunction with this development. There are no CSAH 78 left turn lanes at this intersection currently, and none are planned to be constructed by this department in the interim period prior to the roadway being someday reconstructed making the intersection a RI/RO. Consequently, if the City has any concerns about left turn movements and potential, future conflicts /crashes at the intersection, the City can require the construction of an interim CSAH 78 roadway section in conjunction with the development that includes left turn lanes and painted channelization, and/or the completion of a Traffic Study to evaluate the need for any other roadway improvements that should be completed in conjunction with this development. 1;LO Affirmative Action / Equal Opportunity Employer The Anoka County Highway Department (ACRD) Engineering Plan Review Process will apply to this site. Drainage calculations must be submitted along with a grading and erosion control plan that delineates the drainage areas for this site. The post - developed rate of runoff must not exceed the pre - developed rate of runoff for the 10 -year, critical design storm. The ACHD Engineering Plan Review fee is estimated at $250.00 for this development. Contact Brett Voth, Engineer I1I (763- 862 -4263; email: Brett.Vothna,co.anoka.mn.us ), for further information and to coordinate the Engineering Plan Review process. Please submit the drainage calculations, right turn lane construction plans, grading and erosion control plans, along with the ACHD Design Requirements list for County Highway Modifications (copy available via our web site), and the applicable engineering plan review fee to Mr. Voth for his review and approval. Following completion of the ACHD Engineering Plan Review Process, the ACHD Permit Process can begin. A permit for work within the county right of way is required and shall be obtained prior to the commencement of any construction (Permit for work within the ROW = $150.00). License Permit Bonding, methods of construction, work zone traffic control, restoration requirements and follow -up inspections are typical elements of the permitting process. Contact Terri Vaughan, Permit Technician (763.862.4239; email: Terri.Vau han (2co.anoka.mn.us ), for additional information and to coordinate the permit process. Thank you for the opportunity to comment. Feel free to contact me if you have any questions. Sincerely, I#M60);t� Jane Rose Traffic Engineering Manager xc: CSAH 78/Plats +Developments /2012 Curt Kobilaresik, Engineering Program Manager Larry Hoium, County Surveyor Randy Bettinger, Traffic Engineering Coordinator Terri Vaughan, Permit Technician Josie Scott, Traffic Engineering Technician Brett Voth, Engineer III AP CHAPTER 3 PLANNED UNIT DEVELOPMENT (PUD) SECTION: 13 -3 -1: Purpose 13 -3 -2: Utilization of PUD 13 -3 -3: PUD Concept Review 13 -3 -4: Uses 13 -3 -5: Density 13 -3 -6: Zoning And Subdivision Standards And Requirements 13 -3 -7: Approval Process 13 -3 -8: Fees And Costs 13 -3 -9: Findings Required 13 -3 -10: Revisions And Amendments 13 -3 -11: Desirable PUD Design Qualities 13 -3 -12: Approval Of Planned Unit Development 13 -3 -1: PURPOSE: The purpose of a PUD is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means for greater creativity and flexibility in environmental design than provided under the strict application of this code. It must be demonstrated to the satisfaction of the City Council that a higher quality development will result than could be otherwise achieved through strict application of this code. (Ord. 298, 8 -4 -2004) 13 -3 -2: UTILIZATION OF PUD: Planned Unit Development (PUD) regulations may be allowed by the City Council to be applied and /or utilized for all developments including the following: townhomes, single- and two - family homes (both urban and rural), apartment projects, multiuse structures, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. (Ord. 298, 8 -4 -2004) 13 -3 -3: PUD CONCEPT REVIEW: Any person or persons who may apply for a PUD may request a concept review with respect to land which may be subject to a PUD. The purpose of a PUD concept review is to afford such persons an opportunity, without incurring substantial expense, to have the general feasibility of a PUD proposal considered. PUD concept reviews shall follow the sketch plan procedures provided in Section 11 -2 -1 of this code. (Ord. 298, 8 -4 -2004) 13 -3 -4: USES: Planned Unit Developments shall be required to conform to the permitted and conditional uses set forth in Title 12 of this code pertaining to the applicable zoning district. (Ord. 298, 8 -4 -2004) an 13 -3 -5: DENSITY: The density of residential developments shall be required to conform to the applicable land use district. (Ord. 298, 8 -4 -2004) 13 -3 -6: ZONING AND SUBDIVISION STANDARDS AND REQUIREMENTS: All standards and provisions relating to an original zoning district shall apply, unless otherwise approved as a part of the PUD. All standards may be modified or waived provided the applicant demonstrates harmony with the purpose of the PUD and the findings described in Section 13 -3- 9 of this chapter. (Ord. 298, 8 -4 -2004) 13 -3 -7: APPROVAL PROCESS: An applicant for a PUD shall submit in the application all of the material required by this chapter. Each PUD requested must adhere to the following process: A. Permitted and conditional uses shall follow the Conditional Use Permit procedures provided in Section 12 -1.4 -6 of this code to establish the development standards for the PUD. These uses shall also complete the commercial site plan process once the Planned Unit Development has been approved. (Amd. 2/20/07, Ord. 341) B. Applications involving the subdivision of land shall complete a preliminary and final plat under the procedures provided in Title 11, "Subdivision Regulations ", of this code. (Ord. 298, 8 -4 -2004) 13 -3 -8: FEES AND COSTS: Applications for a PUD shall be filed at the office of the City Planner along with a nonrefundable application fee for the approval process specified in Sections 13 -3 -3 and 13 -3 -7 of this chapter in the amount established by the City Council to defray administrative costs. (Ord. 298, 8 -4 -2004) 13 -3 -9: FINDINGS REQUIRED: In order for a PUD to be approved, the City shall find that the following are present: A. The proposed development is not in conflict with the goals of the Comprehensive Plan of the city. B. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. C. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD. D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. (Ord. 298, 8 -4 -2004) 93 13 -3 -10: REVISIONS AND AMENDMENTS: Administrative approval of incidental changes in the PUD may be authorized by the City Planner upon review and approval by ARC. Such administrative approvals shall not substantially alter the character of the approved PUD and shall be limited to landscaping (not including quantity reduction), color schemes (not including materials), association documents, fencing, entrance monuments and decks. Changes in uses or development/design standards must be submitted for a full public hearing review process. (Amended Ord. 314, 10 -4 -2005) 13 -3 -11: DESIRABLE PUD DESIGN QUALITIES: The following design qualities will be sought in any PUD: A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back -to -back lots. D. Preserves existing stands of trees and /or significant trees. E. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. F. Preserves significant usable space on individual lots or through the provision of open space within the development. G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. H. The proposed structures within the development demonstrate quality architectural design and the use of high quality building materials for unique design and detailing. I. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. (Ord. 298, 8 -4 -2004) 13 -3 -12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The developer must demonstrate that the amenities and qualities of the Planned Unit ID 9 Development are beneficial and in the public interest to allow the development to be approved. A substantial amount of the design qualities identified in Section 13 -3 -11 of this chapter shall be found to be present in order to approve a PUD. The amount of amenities and type of qualities that constitute an acceptable PUD are at the sole discretion of the City Council to determine. (Ord. 298, 8 -4 -2004) 13:3 -13: REDEVELOPMENT PUDs: A property owner may apply for a redevelopment PUD for their property, if the property meets the criteria outlined in this section. Such redevelopment PUDs shall only be used for lot splits. PUDs on all other subdivisions shall follow the normal PUD requirements laid out in this chapter. All provisions of City Code chapter 13 -3 shall apply to redevelopment PUDs except for section 13 -3 -11. A redevelopment PUD may be permitted if the subject property meets the following standards: A. The existing principal structure on the property is at least 30 years old, or does not meet current building codes, or has a blighting effect on the surrounding neighborhood, and will be removed as part of the redevelopment of the property. B. The houses built on the new lots would be similar in size and architectural design to those in the surrounding neighborhood. Architectural plans must be included in the application for a redevelopment PUD and approved by the Council. 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When the Grey Oaks PUD was presented it had private streets and setbacks as were approved in the Shadowbrook plat. These were as follows: RECEIVED 24' street width 25' setbacks to the front of the building structures JM' 2 5 2000 If this is viewed on a plat it would look like this: CITY OF ANDOVER Center line of street 25' 12' 112' zs j1 Bldg • Bldg 2S setback from right of wrap on Both sides �JTs This would give a center line of road to building distance of 37' on each side. (12' Street Width + 25' setback). In developing the Grey Oaks PUD, the city staff expressed a wish to have the streets in Grey Oaks be public streets. We met with city staff and worked out a formula that would give public streets, but still allow a similar building setback as was approved for Shadowbrook. It was calculated as follows: Center line of street. 8' IT 13' 13' IT 8' Bldg Bldg 8' setback from right of way on both sides This would give a centerline of road to building distance of 38' and provide a minimum front setback of 8' from city street right of way. (13' street width + 17' of blvd. + 8' setback) The effect of the above was to give the Grey Oaks PUD a similar setback as was approved for Shadowbrook. Q�) DESIGN STANDARDS GREY OAKS PUD Page 2 If after reviewing the setbacks for Grey Oaks by the city and the above setbacks are not acceptable, we wish to put the private streets back in to the plat and use the 25' setback as was approved in Shadowbrook. SETBACKS PROPOSED GREY OAKS PUD M -2 ZONE FRONT YARD SETBACK TO BUILDINGS 40' Single Family Homes 25+ Town Homes 8+ 30 Unit Buildings (short side considered the front) 20+ (Lots 2 & 4, BI 5) 65 Unit Buildings (short side considered the front) 15'+ (Lots 2 & 3, B14) Day Care 40' Office Retail 40' Convenience Store 40' SIDE YARD SETBACK TO BUILDINGS 10' Single Family Homes 5+ Town Homes 6+ 30 Unit Building (short side) 20+(Lots 2 & 4, B15) 65 Unit Building (short side) 15+ (Lots 2 & 3, B14) Day Care 10+ Office Retail 10+ Convenience Store 10+ REAR YARD SETBACK TO BUILDING 30' Single Family Homes 25+ Town Homes 25' to house 15' to deck 30 Unit Building 65 Unit Building Day Care 30' Office Retail ' 30+ Convenience Store 30+ *Note: See the plat for the rear setbacks as each building has a very extensive open space behind them. I did not know how to calculate these. \\Wa01 \Sharedoocs\ PRIVATE \2000\2000\205425DSGNSTDS.doe Q&` * , DESIGN STANDARDS GREY OAKS PUD Page 3 SETBACKS PROPOSED GREY OAKS PUD M -2 ZONE SIDE YARD SETBACK TO BUILDING From a major arterial road 50' 50' From a Street 20' (Lot 2, B15) 30' CONDO SIZES 65 UNIT BUILDING CONDO SIZE (s q. ft.) Efficiency 580+ 500+ 1 Bedroom 688 700 2 Bedroom 932 -1,072 850 30 UNIT BUILDING CONDO SIZE (s q. ft.) Efficiency 580+ 500 1 Bedroom 700+ 700 2 Bedroom 932+ 850 BUILDING UNITS (2) 65 Unit Buildings 24 Units per bldg (6) 30 Unit Buildings PARKING Grey Oaks PUD M -2* 65 Unit Buildings 1.5 per unit or 2.5 per unit City requirement up to 2.5 /unit *Note: In other sections of the ordinance a parking factor of .75 per unit is used for senior housing. Each building would have one parking space under the building. \\Ha01 \Shared Docs \PRIVATE \2000\2000\2054- 25DSGNSTDS.doc lag . 5 DESIGN STANDARDS GREY OAKS PUD Page 4 Each building would have one parking space under the building. Note: Additional parking can be provided if needed. However, it would result in additional tree and green space removal. SETBACKS PROPOSED M -2 ZONE PARKING GREY OAKS PUD M -2 ZONE 30 Unit Buildings OTHER PARKING 1.5 per unit or city req. up to Stalls Other Ordinances Day Care 2.5 per unit 2.5 per unit Each building would have one parking space under the building. Note: Additional parking can be provided if needed. However, it would result in additional tree and green space removal. SETBACKS PROPOSED GREY OAKS PUD M -2 ZONE Single Family & Twin Homes Double car garage Plus 2 spots in front of garage, part of which at least (12' +) is in the public right of way 2.5 per unit OTHER PARKING Stalls Stalls Other Ordinances Day Care 30+ 30 Office/Ret I 90+ 90 Convenience 30+ 30 GREEN SPACE Hanson Blvd. NW 5' 20' 155 Lane NW 5' 20' Hummingbird St. NW 5' 20' 156 Lane NW 5' 20' Linnet Street NW 10' 20' HEIGHT VARIANCE 30 Unit Buildings 40' 35' 65 Unit Buildings 40' 35' SIGN VARIANCE GRANTED WITH PRELIMINARY PLAT APPROVAL* REQUIRED *See notes on the Preliminary Plat \\Ha01\Shared Docs \PRIVATE\2000 \2000\2054- 25DSGNSTDS.doc `3 6 LOT VARIANCES LOT SIZES LOT WIDTH* LOT DEPTH ** DESIGN STANDARDS GREY OAKS PUD Page 5 LOT BLOCK PROPOSED WIDTH REQUIRED WIDTH 1 2 231.9 150 1 -8 3 38 150 9 -10 3 102 150 11 -12 3 1 38 150 13 -16 3 60 150 2 -3 4 84 150 4-27 4 38 150 2-4 5 102 150 5 -8 5 38 150 9 5 107 150 LOT BLOCK PROPOSED DEPTH REQUIRED DEPTH 1 2 121 150 1 -8 3 102.6+ 150 9 -10 3 184 150 11 -12 3 1 101 150 13 -16 3 130 150 2 -3 4 360+ 150 4 -27 4 101 150 2-4 5 184 150 5 -8 5 100 1 150 9 5 184 1 150 USE VARIANCE * Assumes short side ** Assumes long side \\Ha01\Shared Docs\ PRIVATE \2000\2000\205425DSGNSTDS.dx 11,5' VARIANCE PER APPROVED PLAT M -2 Convenience Store Granted Not Allowed Office-Retail Granted Not Allowed Day Care Granted Not Allowed Twin Homes Town Homes Granted Not Allowed Single Family Town Homes Granted Not Allowed * Assumes short side ** Assumes long side \\Ha01\Shared Docs\ PRIVATE \2000\2000\205425DSGNSTDS.dx 11,5' Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 4 PUBLIC HEARING: Preliminary Plat of Arbor Oaks and Amendment to Grey Oaks Planned Unit Development located at 1640 and 1678155`h Lane NW. City Planner Bednarz noted the purpose of this item is to hold a public hearing and take input on the preliminary plat of Arbor Oaks and amendment to the Grey Oaks Planned Unit Development. He reviewed the proposed plat and the request for an amendment to the previously approved Grey Oaks Planned Unit Development. He reviewed the proposed project and design features with the Commission including the access, drainage and utility easements, park dedication and trail fees, the landscape plan, parking, and the trash enclosure, the minimum unit sizes and the set back changes being requested. He also pointed out the project will utilize a portion of the available density within the larger Grey Oaks development to allow the proposed 70 unit building. Commissioner Cleveland asked if there were three (3) ponds on the property and if this was adequate for the runoff for this project. City Planner Bednarz stated this was correct and the ponds were able to handle revised watershed district requirements for on site infiltration and regional ponding for the Grey Oaks development would also be utilized. Commissioner Holthus asked if the applicant would have to apply for a variance for the southeast portion of the property where the encroachment in the setback is located. City Planner Bednarz explained at this time the Commission is reviewing desirable site characteristics to determine if there are findings the Commission can make that will offset the deficiencies the project has. Commissioner Nemeth stated the Commission received a letter from Trident Development, which notes additional off - street parking spaces for a total of 73 spaces. The memo received from staff states there will be 1 parking stall per unit (70 stalls total), however the applicant has indicated 50% of the required number of stalls would be sufficient. He asked if the applicant would be developing the required 70 stalls or if he would only be constructing 35 parking stalls to start with. City Planner Bednarz explained the City requires one (1) parking stall per unit but only 50% of these would be required to be paved initially. There must also be adequate space for the remaining 50% to be located on the property. Chair Daninger stated the Commission received a letter from Mr. Jason Anderson with concerns about landscaping. Commissioner Olson stated the land use classification in the Comprehensive Plan allows for 14.4 units per acre. The land use district is M -2. He asked what was the maximum density allowed for the M -2 District. He stated the PUD says the density of residential 4�0 Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 5 development shall be required to conform to the applicable land use district. The M -2 District allows for 10 -11 units per acre. City Planner Bednarz clarified the density is set by the Land Use District. The Urban Residential High Density Land use District and Planned Unit Development review up to 14.4 units per acre are allowed. Without Planned Unit Development the maximum would be eight (8) unites per acre. This is established in a table of Chapter two in the Comprehensive Plan. He further clarified M -2 is the zoning district not the land use classification. The Land Use Classification that is proposed is Urban Residential High Density. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to open the public hearing at 7:41 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Roger Fink, Trident Development, St. Cloud, MN, clarified the number of parking stalls that would be required by the facility is 35 but the City requires the applicant to demonstrate the ability to construct the additional 35 parking stalls if needed. He reviewed the management company that would be operating the facility once it was constructed. He stated they are currently working with Anoka County Environmental Services for approval to prepare and serve meals at the facility. A neighborhood meeting had been conducted and concerns were raised about the building size, screening, and traffic. These concerns were taken into consideration while designing the facility. The building will drop from three (3) stories to two (2) stories in each of the four (4) wings. This will reduce the impact on privacy for neighboring properties. There will be a significant amount of landscaping done to prove screening for neighboring properties as well. The number of trees removed from the site will be minimized as well. Trident Development is in the process of contact Mr. Anderson in regards to his particular property and will work to reach an agreement that will minimize the impacts to his property. He explained there are four (4) areas Trident is asking the City to allow some flexibility and Trident is offering architectural and site improvements as a trade off. These improvements include the concrete and stone garbage enclosure, the powder coated aluminum railings for the balconies, and the cultured stone on the building. He reviewed the unit sizes and explained for these types of facilities a smaller unit is acceptable because the facility offers a significant amount of community or common space for the residents. He stated it is unlikely the facility will be full at all times and there are very few residents who will have cars so there is very little traffic that will be generated by this type of facility. There would be a staff of 25 to 28 people but many of these are part-time employees and would not be traveling to or from the facility on a daily basis. There is guest traffic and this would increase during the holidays but this traffic would not be a significant amount. The traffic generated by this facility will be less than the traffic that would have been generated by the previously approved use. Commissioner Holthus asked if the median on 155`h Lane would remain. Mr. Fink stated this project would not remove the median currently in place. 33 Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 6 Commissioner Holthus expressed concerns about the use and purpose of the property entrance on the northeast corner and if this was necessary. She stated additional parking spaces could be located here if this entrance was eliminated. The median limits the flow of traffic to and from the facility. Mr. Fink stated having multiple access points for traffic to move freely is more desirable. City staff had reviewed the plans and he would defer to staff to determine if there were traffic circulation concerns in regards to this access point as it relates to the median. City Planner Bednarz clarified the curb cut was put in place by the City to serve the previously approved uses for the property. The access is a benefit for those residents that use the garages as well as delivery trucks. Commissioner Holthus stated the traffic that comes off Hanson onto 1556 Lane does not have a stop sign and this raises safety concerns. She asked if there were plans to install a stop sign in this area in the future. Mr. Fink stated from the comments he has reviewed from City staff, Trident has been asked to prepare a traffic signage plan but only as it relates to the traffic on their site. They are not being asked to review signage in the public right -of -way. Commissioner Holthus asked if the residents would be using the public trail system because the trail on the west side of the property goes to a volleyball court and shuffleboard court. This area is a little dangerous for pedestrians. Mr. Fink stated it is possible the residents may use the trail system on occasion but it would be rare. He does want to be sure the public right -of -ways are safe for the residents to use as well. Commissioner Peterson recommended the applicant consider closing the one access on 155th. The access is in the middle of the turn lane and this raises safety concerns. Mr. Fink stated if a traffic light is required at 155th and Hanson then this would something for the City to consider but it is not part of this PUD discussion. As far as the easterly right -in -right -out he would be open to looking at different ideas for this as long as it does not diminish fire and emergency access to the property. Commissioner Peterson suggested slightly reconfiguring the left tarn off 155th to allow a straight line to the front door drop off area. He also asked if there was enough turning space for trucks along the northeast corner of the facility around the bump out. Mr. Fink stated this particular observation had not been looked at. The site plan was based on the current entrance points. He stated the Civil Engineer is preparing a traffic �9 Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 7 circulation plan, for the Fire Department; to be sure there are adequate turning radiuses. The bump out can be reconfigured in order to meet these requirements if needed. Commissioner Peterson asked how pedestrians would get from the front door to the sidewalks and trails in the area. He suggested an internal sidewalk or striping to get residents to the public systems. There is a sidewalk currently planned on the western portion of the property and this could be extended further west to the sidewalk. Mr. Fink stated this would be something that would be looked into. Commissioner Gudmundson stated the portion of the building that faces Hanson Boulevard is the least appealing and she would like to see more done with this portion of the building. She also asked if the deck would be impacting any of the setbacks for the property. Mr. Fink stated the deck would not be impacting setbacks. Also there is more dimension to the building facing Hanson Boulevard than the drawings show. There are only two (2) units that are directly facing Hanson Boulevard. Commissioner Olson asked if there were fortified portions in the building for emergencies such as tornados. Mr. Fink explained staff are trained to deal with all types of emergencies and there are rehearsed plans for taking care of the residents and getting them to the appropriate areas of the buildings. Chair Daninger asked if this building plan was the same as the plans they have for their other six (6) facilities. Mr. Fink stated there are similarities and may be most similar to the building in Winona. The building is tailored for the needs of the Andover area to provide more enhanced care units. This building is not exactly like any other buildings. Chair Daninger asked why truck loading and unloading and the underground parking were being located in front of the residential portion of the building. He asked what type of vehicles would be making deliveries and what time of the day these would occur. Mr. Fink stated there were different concepts looked at but this particular layout worked with the size and layout of the parcel. He clarified the commercial kitchen does receive deliveries, but he does not know for sure the types of vehicles that will be used for this. The two (2) entry points in this area make deliveries easier to accommodate. He clarified all deliveries would be during regular business hours. Chair Daninger encouraged the applicant to do as much screening as possible to provide screening for neighboring residents. He clarified a traffic movement study was being `3 ' Regular Andover Planning and Zoning Commission Meeting Minutes —May 8 2012 Page 8 done for the facility to ensure trucks had adequate space to move and turn on the property. He also suggested the applicant look at adding more stone to the side of the building facing Hanson Boulevard. He asked staff to look at the need for a traffic study in this area to determine if a traffic signal is warranted. Commissioner Gudmundson asked if the property would be irrigated. Mr. Fink stated all landscaped areas would be irrigated. Mr. Gibson asked if there would be adequate exhaust for the commercial kitchen and how the excess grease would be handled. Mr. Fink stated all of the exhaust would be properly vented. He also pointed out there will be no deep fried food served so there will not be a high volume of waste grease generated at the facility. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to close the public hearing at 8:56 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Olson stated he would like to see the access points and the curb cuts maintained because this will keep trucks and traffic moving freely on the property. He stated he would also like to see the sidewalk extended to the public sidewalk along the west side of the facility. Commissioner Gudmundson stated she would agree with Commissioner Olson's comments. Commissioner Cleveland stated this facility is not expected to generate a lot of traffic so he would not close any of the access points. Commissioner Holthus suggested a stop sign be installed for westbound traffic on 155th Lane. Chair Daninger stated this was not part of the plat and could not be required of the applicant. Commissioner Cleveland stated he liked the plan and encourages as much screening as possible. Chair Daninger stated he would like to see more stone added to the Hanson Boulevard side of the facility. Commissioner Peterson stated the screening along Hanson Boulevard would be important as well due to the increase traffic expected on Hanson Boulevard. 3C Regular Andover Planning and Zoning Commission Meeting Minutes —May 8 2012 Page 9 Chair Daninger stated traffic in the area is tricky and it is not part of this PUD discussion. He would like to have the County and City staff look at this area. Motion by Commissioner Cleveland, seconded by Commissioner Olson, to recommend approval of Resolution #_ Approving the Preliminary Plat of Arbor Oaks and Amendment to Grey Oaks Planned Unit Development located at 1640 and 1678 155tH Lane NW with the minutes reflecting discussions on the traffic concerns, screening, landscaping, and building architecture. Commissioner Gudmundson stated additional stone should be added to the portion of the building facing Hanson Boulevard. Friendly Amendment Additional stone added to the portion of the facility facing Hanson Boulevard. Commissioner Cleveland and Commissioner Olson supported the friendly amendment. Motion as amended, carried on a 7 -ayes, 0 -nays, 0- absent vote. City Planner Bednarz stated that this item would be before the Council at the June 5, 2012 City Council meeting. OTHER BUSINESS. City Planner Bednarz updated the Planning Commission on related items. Commissioner Gudmundson asked if the previous planning cases had been approved by the City Council as they had been presented by the Planning Commission. City Planner Bednarz described the modifications the Council had made to each of the items. ADJOURNMENT. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to adjourn the meeting at 9:09 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. 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Carlberg, Community Dev t Director SUBJECT: Determination on Need for An Environmental Assessment Worksheet (EAW) for a proposed 150,000 square foot Retail Development — 1851 Bunker Lake Boulevard NW — Consider Resolution/ Record of Decision/Findings of Fact - Planning DATE: June 5, 2012 INTRODUCTION The City on May 9, 2012, received the attached notice from the Minnesota Pollution Control Agency (MPCA) on behalf of the Environmental Quality Board (EQB) of receipt of the attached citizen's petition submitted by Andover for Smart Growth (ASG). The petition requests the completion of an Environmental Assessment Worksheet (EAW) for the proposed Wal -Mart Store located at 1851 Bunker Lake Boulevard NW. The EQB rules require the responsible government unit (RGU) which in this case is the City of Andover to decide within 30 working days of receipt of notice from the MPCA/EQB whether an EAW should be prepared. DISCUSSION Minnesota Rules Chapter 4410 regulates the environmental review process. Chapter 4410 establishes thresholds for the preparation of an EAW. An EAW is a document prepared in a worksheet format which is designed to assess the environmental effects which may be associated with a proposed project. In the case of commercial projects, a mandatory EAW is required for projects that are equal to or are in excess of 300,000 square feet for a second class city. Andover is classified as a second class city based on population (30,598). Cities with populations of 20,000 to 100,000 are classified as second class cities. The proposed Wal -Mart project is just under 150,000 square feet in size. Therefore a mandatory EAW is not required. Minnesota Rules Chapter 4410.1100 provides for a citizens petitioning process to provide a mechanism by which citizens can bring attention to a project that they believe has the potential for significant environmental effects. The ASG has ` followed this process by submitting a petition to the EQB with the required 100 signatures. Upon receipt of the petition, staff has reviewed the environmental concerns raised in comparison to the criteria and factors established in Minnesota Rules 4410.1700 subp. 7. These criteria include: 1. The type, extent, and reversibility of environmental effects. 2. The cumulative potential effects. Whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the project. 3. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. 4. The extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer. The specific areas of concern raised in the petition include: • Storm water runoff due to loss of wetlands and increase in impenetrable surfaces. • Light pollution due to the 24 hour business replacing undeveloped land and a business that has limited hours. • Increase traffic which will result in additional noise and increase in air emissions from products of combustion from tail pipes. • Proximity of several sensitive receptors in the project area. • Loss of wildlife habitat. Staff has also received and reviewed the attached letter responding to the petition from Fredrikson & Byron, P.A. the attorney representing Wal -Mart Stores, Inc., the proposer of the project. Staff in reviewing the environmental concerns raised in the petition concurs with the responses in the letter, therefore recommending to the City Council that the petition be denied and that an EAW not be prepared. ACTION REQUESTED Based on the above review, Staff has prepared the attached resolution for Council consideration with specific findings of fact of no significant environmental effects. -0- The record of decision shall include this staff report and the attachments thereto in support of the determination to deny the petition. Staff recommends the City Council approve the attached resolution. Attachments Resolution Citizen's petition for an EAW dated April 29, 2012 Letter from the EQB dated May 9, 2012 Letter from Fredrikson & Byron, P.A. dated May 23, 2012 Referenced Sections of Minnesota Rules 4410 Respectfully submitted, David L. Carlberg —3N CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACTS AND ESTABLISHING A RECORD OF DECISION ON THE NEED FOR THE PREPARATION OF AN ENVIRONEMNTAL ASSESSMENT WORKSHEET (EAW) IN RESPONSE TO A CITIZEN PETITION FOR THE PROPOSED WAL -MART STORE AT 1851 BUNKER LAKE BOULEVARD NW WHEREAS, the City of Andover on May 9, 2012, received notice from the Environmental Quality Board (EQB) of the receipt of a citizen's petition requesting the preparation of an EAW for the proposed Wal -Mart Store located at 1851 Bunker Lake Boulevard NW (the proposed project) and; WHEREAS, under Minnesota Rules, the City of Andover is the responsible government unit (RGU) to determine if an EAW is needed for the proposed project; and WHEREAS, under Minnesota Rules part 4410.1100, the RGU shall evaluate the evidence presented in the petition and determine if the proposed project, because of the nature or location, has the potential for significant environmental effects; and WHEREAS, upon reviewing the evidence presented in the petition, the City of Andover acting as the RGU, finds that the proposed project will not have the potential for significant environmental effects in accordance with Minnesota Rules 4410.1700 Subp. 7 for the following reasons: 1. The type and extent of the environmental effects are similar to the environmental impacts that may be reasonably expected to occur from the proposed project. 2. The anticipated environmental effects are subject to mitigation by ongoing public regulatory authorities. 3. No cumulative potential effects of related or future projects exist that would pose significant environmental effects. 4. The proposed project is below the threshold for a mandatory EAW review under Minnesota Rules 4410.4300. 5. An EAW was prepared for the Andover Station North project on the one hundred (100) acres adjacent to the proposed project and no significant environmental effects were identified. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the petition as the evidence presented in the petition fails to demonstrate that the project has the potential for significant environmental effects. NLJ, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Andover hereby approves the distribution of the findings and the record of decision. The record of decision shall include the June 5, 2012 staff report and all attachments thereto. Adopted by the City Council of the City of Andover on this 5th day of June, 2012. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk S Michael R. Gamache, Mayor C o� Andover April 29, 2012 RECEIVED Minnesota Planning Environmental Quality Board MAY 300 Centennial Office Building 3 1012 658 Cedar St St. Paul MN 55155 — CITY OF ANDOVER RE: Petition for Completion of an Environmental Assessment Worksheet 150,000 square foot retail development in Andover, MN To the Minnesota Planning Environmental Quality Board, Andover for Smart Growth (ASG), a group of residents in Andover, Minnesota is submitting this petition to request that the Environmental Quality Board require the completion of an Environmental Assessment Worksheet (EAW) on a proposed 150,000 square foot retail store and ancillary development in Andover, MN. The location of the project is 1851 Bunker Lake Blvd, Andover MN. The site is 19.69 acres and currently is comprised of wetlands, forest, softball playing fields, parking lot and an empty building which previously held a sports bar. Please see attachments #1 and #2 for the proposed project location. ASG understands that the size of the development does not require a mandatory EAW but a citizen's group can petition for the completion of an EAW if there is potential for significant environmental impact. Our specific areas of concern are: • Storm water runoff due to loss of wetlands and increase in impenetrable surfaces. • Light pollution due to 24 hour business replacing undeveloped land and a business that had limited hours. • Increase traffic which will result in additional noise and increase in air emissions from products of combustion from tail pipes. • Proximity of several sensitive receptors in project area. • Loss of wildlife habitat Based on the specific areas of concern outlined in the attached petition, ASG respectfully requests that an EAW be performed to further review these areas as well as the other environmental aspects covered by an EAW. Attached are the necessary signatures and the corresponding mailing addresses of the individuals requesting this review be completed. A copy of this petition has also been provided to the City of Andover for delivery to the project proposer. Resiaectfully Submitted, gisa Bauer Laurie Mount 13871 Vale Street NW, Andover MN 55304 2044 -138`h Avenue NW, Andover, MN 55304 Phone: (763) 205 -2880 Phone: (612) 963 -1486 1 6- C o� �kndoV�r -- Project Background The sale of 19.69 acres of land located at 1851 Bunker Lake Blvd., Andover MN, for the development of a 150,000 square foot retail store for grocery and household goods. In addition, applications have been submitted for Conditional Use Permits for the inclusion of liquor sales as well as outdoor sales and storage. This space adjoins single and multi - family housing, parks and childcare /educational facilities. The total site available is 26.99 acres and currently is comprised of wetlands, forest, DNR protected wetlands, recreational softball playing fields, parking lot and an empty building which previously held a sports bar. Please see attachments #1 and #2 for detail on the proposed project location. Storm Water, Water Wells and the Water Table Andover residents have several concerns regarding the impact of this size of a retail development regarding water. These concerns primarily include runoff /ponding, impact of the pollutants on the water supply, and the impact of the size of this facility on the water table. In 2011, the City of Andover had several ponding issues due to the amount of snow, rain and the lack of infrastructure to handle the increased runoff. Covering more permeable land, such as exists today, with asphalt /concrete and eliminating natural wetland will lead to future problems with runoff/ ponding in the future which needs to more thorough review. Many of the homes in to the west /northwest of the proposed site are not using the City Water system, and are still using wells as their primary source of water. The increased pollutants filtering into this water supply is of great concern to these residents. Citizens have expressed concern about the accelerated rate in which the water table is shrinking in Andover. There is demonstrated awareness by the City of Andover in this area, as rain gardens have been installed on private property by the City, with the consent of the property owners. Light Pollution The retail store being proposed for this space has a precedence of store hours that are 247, which by default would require lighting a parking lot from dusk until dawn. The addition of continually lit space, in this case a retail store and parking lot, would add artificial light that would intrude upon the neighboring residences. Andover, a class 2 city in Minnesota, is primarily a bedroom community, and the proposed project would impact the surrounding residential neighborhood(s) that are adjacent to the space with the overnight lighting for a parking lot. Light pollution /trespass (misdirected light that is unwanted) would filter into windows of adjacent residences during the overnight hours. Light trespass has been linked to production and maintenance of key hormones in addition to the deterioration of the immune system of humans. -G�uf AY&V&WW Traffic and Tailpipe Emissions Additional traffic to the retail super store is estimated at 7,000 vehicle trips per day. The trips per day estimate is based on data from the 7'" Edition of the Institute of Transportation Engineers for a free standing discount super store 150,000 square feet in size. A day is defined as a 24 hour period and one vehicle trip includes both arriving at and leaving the store. Trips are not uniform during the day, in other words some periods experience higher trips than others. The increase in traffic will cause an increase in air pollution in the general area from exhaust from tail pipe emissions. The increase in traffic will also cause more backup of existing traffic in the area resulting in more idling time. Prime commute times are also the prime shopping times. This increase in air pollution in the area caused by the increase in traffic is a significant environmental impact that needs to be further evaluated through the EAW process. The project proposer should use EPA's MOBILE6 computer program to estimate hydrocarbon, carbon monoxide, oxides of nitrogen exhaust particulate matter (which consists of several components), tire wear particulate matter, brake wear particulate matter, sulfur dioxide, ammonia, and hazardous air pollutants for gasoline -fuel and diesel highway motor vehicles. The estimated concentration of diesel particulate matter generated from the traffic needs to meet the California Diesel Particulate Standard at the sensitive receptors in the proximity to the proposed retail center. The nearest sensitive receptor is a Montessori Day Care (Foundation Hill Montessori School) that is approximately 0.15 miles north of the proposed retail center. Other pollutants should also be assessed for impact at this sensitive receptor. Fine particles from diesel exhaust easily penetrate the airways and may produce harmful health effects such as worsening of heart and lung diseases. The risk of these health effects is greatest in the elderly and the very young. Exposure to elevated concentration of fine particulate is associated with increased hospital and doctor visits and increased numbers of premature deaths. California's standard for diesel particulate matter (DPM) is designed to protect the most sensitive groups of people including infants and children. A daycare is located within .15 miles from the retail center and a community park is just yards further away the proposed construction. The particulate matter from the traffic (both construction and post- construction) needs to be required to meet the California DPM standard at the daycare and park. If a diesel generator for emergency power is to be part of the installation, the exhaust from the generator also needs to be included in the analysis of impacts at the closest sensitive receptors. The California Air Resources Board adopted the DPM standard in response to requirements of the Children's Environmental Health Protection Act. This Act requires the evaluation of all health -based ambient air quality standards to determine if the standards adequately protect human health, particularly that of infants and children. California's particulate standards were adopted to specifically protect infants and children and are reasonable for the proposed retail complex to meet at the sensitive receptors where infants and children will continue to be located. 0 Sensitive Receptors Name of Currently occupied or Address: Distance to Project Organization /Facility used as: Foundation Hill Montessori School & Childcare (infant 1750139` Lane NW Approximately 0.15 Mile School (A) through age 12) Andover Station Ball fields (8) Multiple Softball /Baseball 1823 139` Lane NW Approximately 0.16 Mile Fields & Park Fairview Andover Clinic (C) Medical Clinic 13819 Hansen Blvd. Approximately 0.37 Miles Kindercare (D) Childcare /Pre -K, 1485 Bunker Lake Blvd. Approximately 0.5 Miles Kindergarten, before /after school programs through age 12 Andover Preschool (E) Preschool 13632 Crosstown Blvd. Approximately 0.7 Miles For Kids Only (F) Preschool 13654 Thrush Street Approximately 0.5 Miles Please see attachment 2 Loss of Wildlife Habitat Within 2 miles of the proposed location is one of the areas finest regional parks; the entire area is abundant with birds and wildlife. Andover is also proud to have nesting Sandhill Cranes within the city. Andover residents value the natural habitat for the birds and wildlife in the area, as is evidenced by the creation of the Open Space Advisory Commission that enters into land preservation agreements to permanently preserve and protect natural areas and the wildlife habitat and natural amenities. Andover residents also utilize the 32 -mile trail system that has been built throughout the community. Cumulative Impacts As per our understanding, Minnesota Rule part 4410.1700, subpart 7, item B requires that the RGU consider the cumulative potential effects of related or anticipated future projects. The prospective sale of the land for development of a large retail store is not without long term impact. The emissions and polluted run off would end up in the DNR protected wetlands. Since it is a partial sale, an additional parcel remains for sale. The remaining portion of the land remains for sale, zoned for general business and at risk for further development. 6i Of Aldwer� To date, no variances have been requested by the buyer for the immediate site. However, there wou dc need to be additional roadway and infrastructure improvements in the near term to support the anticipated 7,000 vehicles trips per day. While a portion of the roadway infrastructure is in place, there is the strong potential for increased traffic on the single lanes of Bunker Lake Blvd. between the site and highway 65. The area of largest concern for citizens, safety and preservation of wildlife habitat would be from Hansen Blvd east, past the north side of Bunker Hills Regional Park located at 550 Bunker Lake Blvd NW. There would be significant impact to wildlife habitat as between the wetlands, parks, railroad and gas lines it seems that no option to expand the roadway to accommodate additional traffic exists. It is noted by several residents within the Hills of Bunker Lake neighborhood(s) that turning east on Bunker Lake Blvd. when exiting the neighborhood during prime commute hours is already difficult and has been timed at up to 5 minutes. A high number of sensitive receptors exist in a very short distance of the proposed project, as indicated on the attached map (attachment #3). Several pre - school and day care facilities exist within 1 mile of the proposed project, as well as a park and clinic. The proximity of these sensitive receptors to the proposed project are of great concern when considering the increased particulate matter and the impact to the health and well being of these receptors. The potential for extensive pollution as discussed previously is significant. Our natural and protected wetlands are at risk from run -off, light pollution would adversely affect human health and well being, and the impact to local wildlife habitat could be devastating. Attachments Attachment 1— Location Map Attachment 2 — Sensitive Receptor Map (complete with Pre - Schools, Parks & Clinic) Attachment 3 — Sensitive Receptor Map, Parks & Recreations Map (park #65) Attachment 4 — Petition signatures with corresponding addresses b 10 .... . ........ ..... . ........ 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PAUL, MN 55155 PHONE: 651- 757 -2873 WWW.EQB.STATE.MN.US May 9, 2012 The Honorable Mike Gamache Mayor, City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 VIA E -MAIL AND U.S. MAIL RECEIVED MAY 11 2012 CfTY OF ANDOVER RE: Citizens Petition for an EAW for Proposed 150,000 Square Foot Retail Development at 1851 Bunker Lake Boulevard, Andover, Minnesota Dear Mayor Gamache: The Environmental Quality Board (EQB) has received a petition requesting that an Environmental Assessment Worksheet (EAW) be prepared on the project described in the petition, and has determined that the city of Andover (City) is the appropriate governmental unit to decide the need for an EAW. The requirements for environmental review, including the preparation of an EAW, can be found in the Minnesota Rules, chapter 4410. The procedures to be followed in making the EAW decision are set forth in part 4410.1100. Key points in the procedures include:. No final government approvals may be given to the project named in the petition, nor may construction on the project be started until the need for an EAW has been determined. Project construction includes any activities which directly affect the environment, including preparation of land. If the decision is to prepare an EAW, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (see part 4410.3 100, subpart 1). 2. A first step in making the decision regarding the need for an EAW would be to compare the project to the mandatory EAW, EIS and Exemption categories listed in parts 4410.4300, 4410.4400, and 4410.4600, respectively. If the project should fall under any of these categories, environmental review is automatically required or prohibited. If this should be the case, proceed accordingly. 3. If preparation of an EAW is neither mandatory nor exempted, the City has the option to prepare an EAW. The standard to be used to decide if an EAW should be done is given in part 4410.1100, subp. 6. Note that this requires that a record of decision, including specific findings of fact, be maintained. (0 The Honorable Mike Gamache Page 2 May 9, 2012 4. You are allowed up to 30 working days (Saturdays, Sundays and holidays do not count) a if it will be made by a council, board, or other body which meets only periodica ly, or 5 working days if it will be made by a single individual. You may request an extra 15 days from the EQB if the decision will be made by an individual. 3!'.` YAM 5. You must notify, in writing, the proposer, the petitioners' representative and the EQB of .. your decision within five working days. I would appreciate your sending a copy of your %e P oco ein on the petition along with notification of your decision for our records. This is not required, however. 6. If for any reason you are unable to act on the petition at this time (e.g., no application has yet been filed or the application has been withdrawn or denied), the petition will remain in effect for a period of one year, and must be acted upon prior to any final decision concerning the project identified in the petition. Notice of the petition and its assignment to your unit of government will be published in the EQB Monitor on May 14, 2012. If you have any questions or need any assistance, please do not hesitate to call. The telephone number is 651- 757 -2587. Sincerely, Debra Moynihan (on behalf of the EQB) Planner Principal Environmental Review Unit Resource Management and Assistance Division DM:mbo Enclosure cc: Lisa Bauer, Petitioners' Representative David Carlberg, Community Development Director, City of Andover Bob Patton, Executive Director, EQB '� . =�1 ,' May 23, 2012 Via U.S. Mail and Email Mr. David L. Carlberg Community Development Director City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Citizens' Petition for Completion of an Environmental . Assessment Worksheet ( "EAW ") Dear Mr. Carlberg: We represent Wal -Mart Stores, Inc., the applicant for approvals from the City of Andover to allow the construction of a 148,394 square foot Wal-Mart Store at the northwest corner of Bunker Lake Boulevard and Jay Street. We have reviewed a copy of the Citizens' Petition for an EAW presented by Andover for Smart Growth ( "ASG ") and we offer the following comments. First, we will provide a brief description of the existing site conditions and the Wal-Mart proposal. Second, we will provide background on the EAW process. Third, we will comment on each of the potential environmental impacts that ASG identified. In this case, we believe that an EAW is not warranted in large part because Wal-Mart will be redeveloping an existing commercial site and will obtain all necessary permits. Potential environmental effects, if any, will be addressed in the course of the permitting process. Current Conditions. The Site is approximately 20 acres. Since 1994, the Site has been operated as a sports bar type establishment ( "Pov's "). The Site now consists of a 13,600 square foot restaurant/bar, a large parking lot sized for approximately 250 cars, and several softball fields. Overall, approximately 48% of the Site is developed. Povlitzki Properties is retaining approximately 6.4 acres of undeveloped land to the north of the proposed Wal -Mart site. Attorneys & Advisors/ Fredrikson & Byron, P.A. main 612.492.7000 200 South Sixth Street, Suite 4000 fax 612.492.7077 Minneapolis, Minnesota wvvw.fredlaw.com 55402 -1425 MEMBER OF THE WORLD SERVICES GROUP OFFICES AWorldwide Network of Professional Service Providers Minneapolis, London, & Monterrey, Mexico D 1 W. David L. Carlberg May 23, 2012 Page 2 Wal-Mart proposes to build a 148,394 square foot retail building with associated parking and drive aisles. Upon completion of the Wal-Mart development, approximately 79% of the Site would be developed. Environmental Assessment Worksheet Requirements. Chapter 4410 of Minnesota Rules contains Minnesota's Environmental Review requirements. An EAW is mandatory for a new commercial facility that exceeds 300,000 square feet in cities of the size of Andover. Minn. Rules 4410.4300 subpart 14. Wal-Mart proposes to build a store approximately half the size of the mandatory EAW threshold at a site that has already been developed. Citizens have the right to petition for an EAW. Minnesota Rules § 4410.1100. A Responsible Governmental Unit (or "RGU," in this case, the City of Andover) is to order the preparation of an EAW: if the evidence presented by the petitioners ... or otherwise known to the RGU demonstrates that, because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. The RGU shall deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental effects. Id. at subpart 6. The same rule directs the RGU to consult the factors listed in Minnesota Rules § 4410.1700 subpart 7 in determining whether the project may have the potential for significant environmental effects. The petitioners have the burden of presenting evidence that the project may have the potential for significant environmental effects. Mere speculation is insufficient evidence. See, e.g., Iron Rangers for Responsible Ridge Action v. Iron Range Resources Board, 531 N.W. 2d 874, 881 (Minn. Ct. App. 1995). In this case, ASG's petition fails to present any evidence that the redevelopment of the Pov's Site will have the potential for significant environmental effects. Rather, the petition is a general list of the citizens' concerns. In this case, the Pov's Site has been developed for many years. The Wal-Mart proposal is a redevelopment of an existing commercial site. There are no unusual environmental features remaining at the Pov's Site that will be impacted by the Wal -Mart development. The EQB Rules set forth criteria that the City is to follow in deciding whether a project has the potential for significant environmental effects. Minn. Rule 4410.1700, subpart 7. The City is to consider several factors including: [c] the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. The RGU may rely only on mitigation measures 05- Mr. David L. Carlberg May 23, 2012 Page 3 that are specific and that can be reasonably expected to effectively mitigate the identified environmental impacts of the project; and d. the extent to which the environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, including other EISs. Minnesota Courts have held that it is appropriate for the RGU to rely on existing agencies' public regulatory permitting authority to prevent significant environmental impacts before they occur. If an applicant is required to obtain a permit or other approval, it is assumed that an identified environmental impact will be adequately analyzed and addressed through the separate permitting process. See, e.g., Friends of Twin Lakes v. City of Roseville, 764 N.W.2d 378, 383 (Minn. Ct. App. 2009); and Watab Township Citizen Alliance v. Benton County Board of Commissioners, 728 N.W.2d 82,92 (Minn. Ct. App. 2007). In this case, most of the possible environmental impacts that ASG identifies are already subject to separate permitting processes. Wal-Mart is already required to obtain permits from the City, the Minnesota Pollution Control Agency, and the Coon Creek Watershed District, for example. These permits will control, restrict, and will require mitigation of any potential environmental impacts. Stormwater, Water Wells and Water Table. ASG states it is concerned about stormwater runoff/ponding, impact of pollutants on the water supply, and the impact of a Wal-Mart on the water table. The petitioners state that they are concerned about the possibility of increased or uncontrolled stormwater runoff, the increase in impervious surfaces, filling wetlands and the possibility of increased pollution to groundwater. In addition, the petitioners state that they are concerned about a possible accelerated rate in the drawdown of the water table in Andover. Petitioners present no evidence that the Wal -Mart development will actually result in any of the impacts described above. With respect to potential impacts to wetlands, Wal -Mart will obtain a wetland permit from the Coon Creek Watershed District. Wal -Mart has completed a delineation of all of the wetlands and has provided a copy of the Wetland Delineation Report to the Coon Creek Watershed District, which is the Local Governmental Unit administering the Wetland Conservation Act ( "WCA" ). A copy of the Wetland Delineation Report is enclosed with this letter. Most of the large wetland that is to the west of the proposed development is a Minnesota Department of Natural Resources ( "DNR ") Public Waters Wetland and the area below the Ordinary High Water ( "OHW "), which was determined by the DNR as an elevation of 883.5 feet, is protected by the DNR. No portions of the DNR wetland will be impacted by the Wal - Mart redevelopment. The areas of the wetland that are above the 883.5 -foot contour are outside of the DNR's jurisdiction and regulated by Coon Creek Watershed District. Approximately 2,000 Mr. David L. Carlberg May 23, 2012 Page 4 square feet of wetland area, located above the 883.5 -foot contour, will be impacted by the Wal- Mart development. A permit for this impact will be obtained from the Coon Creek Watershed District. Wetland mitigation will be provided by Wal -Mart in accordance with WCA requirements. The enclosed wetlands delineation report shows two other areas at the Site — Pov's stormwater pond and a man-made pit -- that exhibit wetland conditions. Due to the unintended creation of wetland conditions at these areas, they are classified as "incidental" wetlands, which are not regulated by the WCA (Minnesota Rules § 8420.0105, subpart 2.1)) and mitigation is not required. With respect to stormwater, the Wal-Mart development will comply with the Minnesota Pollution Control Agency's NPDES Permit for construction activity and Wal -Mart will obtain all required permits. The Wal-Mart development will comply with City of Andover and Coon Creek Watershed district stormwater standards and requirements. Taken together, these requirements specify that stormwater be retained on site such that predevelopment discharge rates are not exceeded. Wal-Mart's plans call for the construction of two stormwater ponds that will serve as pre - treatment ponds before the stormwater flows into infiltration basins. As required by the Coon Creek Watershed District, the first one -inch of runoff from all impervious surfaces will be infiltrated. Moreover, the maximum rate of run -off after the Wal-Mart redevelopment is complete will be less than the maximum rate of run -off from Pov's in its current condition. With respect to the water wells, Wal-Mart will require that the current on -site well at Pov's be closed, as required under Minnesota law. Wal-Mart will obtain all water from the City municipal system and will not draw down the local water table from using an on -site well. Rather, closing the well Pov's has used for irrigation will help improve local conditions. With respect to potential pollution impacts to the water table, Wal-Mart proposes to build two infiltration stormwater ponds. Infiltration has been shown to be an excellent way to remove pollutants from stormwater. Readily available geologic information regarding this Site shows that groundwater is first found approximately five to seven feet below ground surface. Stormwater, thus, would need to travel a considerable distance after leaving the bottom of the infiltration ponds before it joins potable groundwater. Finally, the WDE Landfill lies to the north and west of the Site. The WDE Landfill is a delisted federal Superfund Site and would be expected to have a more significant impact, if any, to wells to the northwest. Light Pollution. The petitioners state that a lighted parking lot would result in light pollution that would negatively impact neighboring homes. Wal- Mart's light plan will meet all City requirements. Specifically, Wal-Mart proposes to install parking lot lighting designed to light only the parking lot and not adjacent areas. Wal -Mart's lighting plan shows Wal-Mart's lighting plan will meet City Code requirements which allows a maximum of one foot -candle at property lines on public streets, and a maximum of 0.4 foot candles on property lines adjacent to residential properties. 0-� Mr. David L. Carlberg May 23, 2012 Page 5 Wal-Mart's lighting plan shows that a maximum of 0.8 foot - candles of light from the parking lot will be seen at the property line along Bunker Lake Boulevard and Jay Street NW and 0.0 foot - candles of light will be seen along the northern property line adjacent to the residential area. Light pollution, thus, will not be an issue. Traffic and Tailpipe Emissions. The petitioners state that an increase in traffic will cause air pollution and will also result in traffic congestion. The petitioners take the position that the Wal -Mart development should comply with California Air Quality standards for diesel particulates, but do not explain how California air standards apply in Minnesota. ASG notes that there are six "sensitive receptors" within one mile of the Pov's Site, and includes a map showing the locations of these facilities in the Bunker Lake commercial corridor. ASG asserts that traffic will increase, but fails to offer any evidence demonstrating that the redevelopment of Pov's will negatively impact the respiratory health of a sensitive person. Wal-Mart has prepared a traffic study which has been reviewed by the City's traffic consultant and by Anoka County. Traffic congestion, if any, resulting solely from the Wal-Mart development is to be mitigated in the following ways: • All intersections studied have adequate capacity to accommodate the volume of traffic that will be generated by Wal-Mart. After Wal-Mart has been constructed, the timing of traffic signals can be adjusted to optimize operations, if needed. • A left turn lane will be added on Jay Street as the main Wal -Mart access point. This turn lane will provide additional capacity for traffic entering Wal-Mart. • A partial access point will be added on Bunker Lake Boulevard. This access location allows entering and exiting trips to avoid the traffic signal at Jay Street, which will improve the operations at the Jay Street intersection. The City's growth plans and the development of adjacent Andover Station North have all anticipated that traffic will increase in time not only from the redevelopment of Pov's but also from the development of areas to the north and northwest. With respect to the petitioners' concerns about a potential increase in diesel particulates, Wal-Mart's sustainability reports on its web site describe its longstanding commitments to improving the efficiencies of its truck fleet. Wal-Mart delivery trucks are not allowed to "idle" their engines in the parking lot. Rather, Wal-Mart requires all of its truck drivers to turn off their engines while making deliveries. Therefore, even if California air standards were to apply in Andover, air quality will not be harmed as a direct result of the Wal -Mart development. MR Ktw Mr. David L. Carlberg May 23, 2012 Page 6 Loss of Wildlife Habitat. ASG states that the Pov's Site is within two miles of parks and express concerns regarding the impact that redeveloping Pov's might have on wildlife habitat. The petitioners do not explain or offer evidence how Wal -Mart will harm regional parks, nesting areas, or regional trails. As stated above, the Wal -Mart development is a redevelopment of an existing commercial site. There will be no encroachment into the adjacent DNR wetland. Approximately 2,000 square feet of a type 3 wetland may be impacted and this impact will only be pursuant to approval by the Coon Creek Watershed District. The Wal -Mart development will neither destroy wildlife habitat in adjacent areas nor negatively impact regional parks, sand hill crane nesting areas, or the City's trail system, as suggested by the petitioners. Cumulative Impacts. The petitioners point out that Wal -Mart is not buying all of Pov's' property and for that reason, the remaining portion of Pov's' land (about 6.4 acres) is at risk of further development. ASG asks that an EAW study potential cumulative impacts as a result of the Wal -Mart development. Environmental Quality Board standards and applicable case law hold that cumulative impacts must be considered if there is a specific development plan for the remainder of the property. See, e.g., CARD v. Kandiyohi County Board of Commissioners, 713 N.W.2d 817, 829 (Minn. 2006): "[W]e conclude that the point of the "cumulative potential effects" criterion is to put the proposed project into context. The criteria aim to determine whether the project, which may not individually have the potential to cause significant environmental effects, could have a significant effect when other local projects already in existence or planned for the future are considered. " In this case, there is no known specific plan for developing the remaining portions of the Pov's Site. Additional development near the Site has been anticipated for quite some time, as discussed in the City's Environmental Assessment Worksheet dated February 2003 for Andover Station North. In that City EAW, a total of 373,000 square feet of future retail and commercial development was studied, as well as future residential development. As of this date, Andover Station North has not yet been fully developed. In short, cumulative effects resulting from the redevelopment of Pov's, an existing commercial Site situated in a commercial corridor long slated for development is not warranted. We hope that you find these observations helpful. Please let us know if you have any questions. Mr. David L. Carlberg May 23, 2012 Page 7 Ve truly yours, Susan D. Steinwall Attorney at Law Direct Dial: 612.492.7171 Email: Stteinwall @fredlaw.com SDS Enclosure cc: Mary Kendall (w /o enclosure) Rick Snyder (w /o enclosure) Erik Miller (w /o enclosure) Susan Iskander (w /o enclosure) 5135402 3.DOC VIE REVISOR 4410.1100 4410.1100 PETITION PROCESS. Subpart 1. Petition. Any person may request the preparation of an EAW on a project by filing a petition that contains the signatures and mailing addresses of at least 25 individuals. Subp. 2. Content. The petition shall also include: A. a description of the proposed project; B. the proposer of the project; C. the name, address, and telephone number of the representative of the petitioners; D. a brief description of the potential environmental effects which may result from the project; and E. material evidence indicating that, because of the nature or location of the proposed project, there may be potential for significant environmental effects. The material evidence must physically accompany the petition. It is not sufficient to merely provide a reference or citation to where the evidence may be found. Subp. 3. Filing of petition. The petition shall be filed with the EQB for a determination of the RGU. Subp. 4. Notice to proposer. The petitioners shall notify the proposer in writing at the time they file a petition with the EQB. Subp. 5. Determination of RGU. The EQB's chair or designee shall determine whether the petition complies with the requirements of subparts 1 and 2. If the petition complies, the chair or designee shall designate an RGU pursuant to part 4410.0500 and forward the petition to the RGU within five days of receipt of the petition. If the petition fails to comply, the chair or designee shall return the petition to the petitioner's representative within five days of receipt of the petition with a written explanation of why it fails to comply. Subp. 6. EAW decision. The RGU shall order the preparation of an EAW if the evidence presented by the petitioners, proposers, and other persons or otherwise known to the RGU demonstrates that, because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. The RGU shall deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental effects. In considering the evidence, the RGU must take into account the factors listed in part 4410.1700, subpart 7. The RGU shall maintain, either as a separate document or contained within the records of the RGU, a record, including specific findings of fact, of its decision on the need for an EAW. Copyright ©2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. �7D I 2 REVISOR 4410.1100 Subp. 7. Time limits. The RGU has 15 days from the date of the receipt of the petition to decide on the need for an EAW. If the decision must be made by a board, council, or other body which meets only on a periodic basis, the time period may be extended by the RGU for an additional 15 days. For all other RGU's, the EQB's chair shall extend the 15 -day period by not more than 15 additional days upon request of the RGU. Subp. 8. Notice of decision. Within five days of its decision the RGU shall notify, in writing, the proposer, the EQB staff, and the petitioner's representative of its decision. The EQB staff shall publish notice of the RGU's decision concerning the petition in the EQB Monitor. Subp. 9. Duration of effect of petition. If an RGU cannot act on a petition because no permit application has been filed, the application has been withdrawn, or the application has been denied, the petition remains in effect for no more than one year from the date on which it was filed with the EQB. While the petition remains in effect, part 4410.3100, subparts 1 and 2, applies to any proposed project for which the nature and location is substantially similar to the project identified in the petition. Statutory Authority: MS s 116D.04; 116D.045 History: 13 SR 1437; 31 SR 539; 34 SR 721 Posted: November 30, 2009 Copyright ©2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <3 "a REVISOR 4410.1700 4410.1700 DECISION ON NEED FOR EIS. Subpart 1. Standard for decision on need for EIS. An EIS shall be ordered for projects that have the potential for significant environmental effects. Subp. 2. Decision - making process. The decision on the need for an EIS shall be made in compliance with one of the following time schedules: A. if the decision is to be made by a board, council, or other body which meets only on a periodic basis, the decision shall be made between three and 30 days after the close of the review period; or B. for all other RGU's the decision shall be made no later than 15 days after the close of the 30 -day review period. This 15 -day period shall be extended by the EQB chair by no more than 15 additional days upon request of the RGU. Subp. 2a. Insufficient information. If the RGU determines that information necessary to a reasoned decision about the potential for, or significance of, one or more possible environmental impacts is lacking, but could be reasonably obtained, the RGU shall either: A. make a positive declaration and include within the scope of the EIS appropriate studies to obtain the lacking information; or B. postpone the decision on the need for an EIS, for not more than 30 days or such other period of time as agreed upon by the RGU and proposer, in order to obtain the lacking information. If the RGU postpones the decision, it shall provide written notice of its action, including a brief description of the lacking information, within five days to the project proposer, the EQB staff, and any person who submitted substantive comments on the EAW. Subp. 3. Form and basis for decision. The RGU's decision shall be either a negative declaration or a positive declaration. The RGU shall base its decision regarding the need for an EIS on the information gathered during the EAW process and the comments received on the EAW. Subp. 4. Record of findings supporting decision. The RGU shall maintain a record, including specific findings of fact, supporting its decision. The record must include specific responses to all substantive and timely comments on the EAW. This record shall either be a separately prepared document or contained within the records of the governmental unit. Subp. 5. Distribution of decision. The RGU's decision shall be provided, within five days, to all persons on the EAW distribution list pursuant to part 4410.1500, to all persons that commented in writing during the 30 -day review period, and to any person upon written request. All persons who submitted timely and substantive comments on the EAW Copyright 02009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. e 2 REVISOR 4410.1700 shall be sent a copy of the RGU's response to those comments prepared under subpart 4. Upon notification, the EQB staff shall publish the RGU's decision in the EQB Monitor. Subp. 6. Standard. In deciding whether a project has the potential for significant environmental effects the RGU shall compare the impacts that may be reasonably expected to occur from the project with the criteria in this part. Subp. 7. Criteria. In deciding whether a project has the potential for significant environmental effects, the following factors shall be considered: A. type, extent, and reversibility of environmental effects; B. cumulative potential effects. The RGU shall consider the following factors: whether the cumulative potential effect is significant; whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the project; C. the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. The RGU may rely only on mitigation measures that are specific and that can be reasonably expected to effectively mitigate the identified environmental impacts of the project; and D. the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs. Subp. 8. [Repealed, 13 SR 1437] Subp. 9. Connected actions and phased actions. Connected actions and phased actions shall be considered a single project for purposes of the determination of need for an EIS. Statutory Authority: MS s 116D.04; 116D.045 History: 13 SR 1437; 21 SR 1458; 31 SR 539; 34 SR 721 Posted: November 30, 2009 Copyright ©2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 234 REVISOR 4410.4300 4410.4300 MANDATORY EAW CATEGORIES. Subpart 1. Threshold test. An EAW must be prepared for projects that meet or exceed the threshold of any of subparts 2 to 37, unless the project meets or exceeds any thresholds of part 4410.4400, in which case an EIS must be prepared. If the proposed project is an expansion or additional stage of an existing project, the cumulative total of the proposed project and any existing stages or components of the existing project must be included when determining if a threshold is met or exceeded if construction was begun within three years before the date of application for a permit or approval from a governmental unit for the expansion or additional stage but after April 21, 1997, except that any existing stage or component that was reviewed under a previously completed EAW or EIS need not be included. Multiple projects and multiple stages of a single project that are connected actions or phased actions must be considered in total when comparing the project or projects to the thresholds of this part and part 4410.4400. Subp. 2. Nuclear fuels and nuclear waste. Items A to F designate the RGU for the type of project listed: A. For construction or expansion of a facility for the storage of high level nuclear waste, the EQB shall be the RGU. B. For construction or expansion of a facility for the storage of low level nuclear waste for one year or longer, the MDH shall be the RGU. C. For expansion of a high level nuclear waste disposal site, the EQB shall be the RGU. D. For expansion of a low level nuclear waste disposal site, the MDH shall be the RGU. E. For expansion of an away- from - reactor facility for temporary storage of spent nuclear fuel, the EQB shall be the RGU. F. For construction or expansion of an on -site pool for temporary storage of spent nuclear fuel, the EQB shall be the RGU. Subp. 3. Electric generating facilities. For construction of an electric power generating plant and associated facilities designed for or capable of operating at a capacity of between 25 megawatts and 50 megawatts, the EQB shall be the RGU. For electric power generating plants and associated facilities designed for and capable of operating at a capacity of 50 megawatts or more, environmental review shall be conducted according to parts 7849.1000 to 7849.2100 and 7850.1000 to 7850.5600. Copyright ©2011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. `Z S 2 REVISOR 4410.4300 Subp. 4. Petroleum refineries. For expansion of an existing petroleum refinery facility that increases its capacity by 10,000 or more barrels per day, the PCA shall be the RGU. Subp. 5. Fuel conversion facilities. Items A and B designate the RGU for the type of project listed: A. For construction of a facility for the conversion of coal, peat, or biomass sources to gaseous, liquid, or solid fuels if that facility has the capacity to utilize 25,000 dry tons or more per year of input, the PCA shall be the RGU. B. For construction or expansion of a facility for the production of alcohol fuels which would have or would increase its capacity by 5,000,000 or more gallons per year of alcohol produced, the PCA shall be the RGU. Subp. 6. Transmission lines. For construction of a transmission line at a new location with a nominal capacity of between 70 kilovolts and 100 kilovolts with 20 or more miles of its length in Minnesota, the EQB shall be the RGU. For transmission lines and associated facilities designed for and capable of operating at a nominal voltage of 100 kilovolts or more, environmental review shall be conducted according to parts 7849.1000 to 7849.2100 and 7850.1000 to 7850.5600. Subp. 7. Pipelines. Items A to D designate the RGU for the type of project listed: A. For routing of a pipeline, greater than six inches in diameter and having more than 0.75 miles of its length in Minnesota, used for the transportation of coal, crude petroleum fuels, or oil or their derivates, the EQB shall be the RGU. B. For the construction of a pipeline for distribution of natural or synthetic gas under a license, permit, right, or franchise that has been granted by the municipality under authority of Minnesota Statutes, section 21613.36, designed to operate at pressures in excess of 275 pounds per square inch (gauge) with a length greater than: (1) five miles if the pipeline will occupy streets, highways, and other public property; or (2) 0.75 miles if the pipeline will occupy private property; the EQB or the municipality is the RGU. C. For construction of a pipeline to transport natural or synthetic gas subject to regulation under the federal Natural Gas Act, United States Code, title 15, section 717, et. seq., designed to operate at pressures in excess of 275 pounds per square inch (gauge) with a length greater than: (1) five miles if the pipeline will be constructed and operated within an existing right -of -way; or Copyright 02011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 6 3 REVISOR 4410.4300 (2) 0.75 miles if construction or operation will require new temporary or permanent right -of -way; the EQB is the RGU. This item shall not apply to the extent that the application is expressly preempted by federal law, or under specific circumstances when an actual conflict exists with applicable federal law. D. For construction of a pipeline to convey natural or synthetic gas that is not subject to regulation under the federal Natural Gas Act, United States Code, title 15, section 717, et. seq.; or to a license, permit, right, or franchise that has been granted by a municipality under authority of Minnesota Statutes, section 21613.36; designed to operate at pressures in excess of 275 pounds per square inch (gauge) with a length greater than 0.75 miles, the EQB is the RGU. Items A to D do not apply to repair or replacement of an existing pipeline within an existing right -of -way or to a pipeline located entirely within a refining, storage, or manufacturing facility. Subp. 8. Transfer facilities. Items A and B designate the RGU for the type of project listed: A. For construction of a facility designed for or capable of transferring 300 tons or more of coal per hour or with an annual throughput of 500,000 tons of coal from one mode of transportation to a similar or different mode of transportation; or the expansion of an existing facility by these respective amounts, the PCA shall be the RGU. B. For construction of a new facility or the expansion by 50 percent or more of an existing facility for the bulk transfer of hazardous materials with the capacity of 10,000 or more gallons per transfer, if the facility is located in a shoreland area, delineated flood plain, a state or federally designated wild and scenic rivers district Minnesota River Project Riverbend area, or the Mississippi headwaters area, the PCA shall be the RGU. Subp. 9. Underground storage. Items A and B designate the RGU for the type of project listed: A. For expansion of an underground storage facility for gases or liquids that requires a permit, pursuant to Minnesota Statutes, section 103I.681, subdivision 1, paragraph (a), the DNR shall be the RGU. B. For expansion of an underground storage facility for gases or liquids, using naturally occurring rock materials, that requires a permit pursuant to Minnesota Statutes, section 103I.681, subdivision 1, paragraph (b), the DNR shall be the RGU. Subp. 10. Storage facilities. Items A to C designate the RGU for the type of project listed: Copyright ©2011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. �� 4 REVISOR 4410.4300 A. For construction of a facility designed for or capable of storing more than 7,500 tons of coal or with an annual throughput of more than 125,000 tons of coal; or the expansion of an existing facility by these respective amounts, the PCA shall be the RGU. B. For construction of a facility on a single site designed for or capable of storing 1,000,000 gallons or more of hazardous materials, the PCA shall be the RGU. C. For construction of a facility designed for or capable of storing on a single site 100,000 gallons or more of liquefied natural gas, synthetic gas, or anhydrous ammonia, the PCA shall be the RGU. Subp. 11. Metallic mineral mining and processing. Items A to C designate the RGU for the type of project listed: A. For mineral deposit evaluation of metallic mineral deposits other than natural iron ore and taconite, the DNR shall be the RGU. B. For expansion of a stockpile, tailings basin, or mine by 320 or more acres, the DNR shall be the RGU. C. For expansion of a metallic mineral plant processing facility that is capable of increasing production by 25 percent per year or more, provided that increase is in excess of 1,000,000 tons per year in the case of facilities for processing natural iron ore or taconite, the DNR shall be the RGU. Subp. 12. Nonmetallic mineral mining. Items A to C designate the RGU for the type of project listed: A. For development of a facility for the extraction or mining of peat which will result in the excavation of 160 or more acres of land during its existence, the DNR shall be the RGU. B. For development of a facility for the extraction or mining of sand, gravel, stone, or other nonmetallic minerals, other than peat, which will excavate 40 or more acres of land to a mean depth of ten feet or more during its existence, the local government unit shall be the RGU. C. For development of a facility for the extraction or mining of sand, gravel, stone, or other nonmetallic minerals, other than peat, which will excavate 20 or more acres of forested or other naturally vegetated land in a sensitive shoreland area or 40 acres of forested or other naturally vegetated land in a nonsensitive shoreland area, the local governmental unit shall be the RGU. Subp. 13. Paper or pulp processing mills. For expansion of an existing paper or pulp processing facility that will increase its production capacity by 50 percent or more, the PCA shall be the RGU. Copyright 020 11 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 REVISOR 4410.4300 Subp. 14. Industrial, commercial, and institutional facilities. Items A and B designate the RGU for the type of project listed, except as provided in items C and D: A. For construction of a new or expansion of an existing warehousing or light industrial facility equal to or in excess of the following thresholds, expressed as gross floor space, the local governmental unit shall be the RGU: (1) unincorporated area, 150,000; (2) third or fourth class city, 300,000; (3) second class city, 450,000; (4) first class city, 600,000. B. For construction of a new or expansion of an existing industrial, commercial, or institutional facility, other than a warehousing or light industrial facility, equal to or in excess of the following thresholds, expressed as gross floor space, the local government unit shall be the RGU: f (1) unincorporated area, 100,000 square feet; (2) third or fourth class city, 200,000 square feet; (3) second class city, 300,000 square feet; (4) first class city, 400,000 square feet. C. This subpart applies to any industrial, commercial, or institutional project which includes multiple components, if there are mandatory categories specified in subparts 2 to 13, 16, 17, 20, 21, 23, 25, or 29, or part 4410.4400, subparts 2 to 10, 12, 13, 15, or 17, for two or more of the components, regardless of whether the project in question meets or exceeds any threshold specified in those subparts. In those cases, the entire project must be compared to the thresholds specified in items A and B to determine the need for an EAW. If the project meets or exceeds the thresholds specified in any other subpart as well as that of item A or B, the RGU must be determined as provided in part 4410.0500, subpart 1. D. This subpart does not apply to projects for which there is a single mandatory category specified in subparts 2 to 13, 16, 17, 20, 23, 25, 29, or 34, or part 4410.4400, subparts 2 to 10, 12, 13, 17, or 22, regardless of whether the project in question meets or exceeds any threshold specified in those subparts. In those cases, the need for an EAW must be determined by comparison of the project to the threshold specified in the applicable subpart, and the RGU must be the governmental unit assigned by that subpart. Subp. 15. Air pollution. Items A and B designate the RGU for the type of project listed. Copyright 02011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. -129 6 REVISOR 4410.4300 A. For construction of a stationary source facility that generates 250 tons or more per year or modification of a stationary source facility that increases generation by 250 tons or more per year of any single air pollutant, other than those air pollutants described in item B, after installation of air pollution control equipment, the PCA shall be the RGU. B. For construction of a stationary source facility that generates a combined 100,000 tons or more per year or modification of a stationary source facility that increases generation by a combined 100,000 tons or more per year of greenhouse gas emissions, after installation of air pollution control equipment, expressed as carbon dioxide equivalents, the PCA shall be the RGU. For purposes of this subpart, "greenhouse gases" include carbon dioxide, methane, nitrous oxide, hydro$uorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride, and their combined carbon dioxide equivalents shall be computed by multiplying the mass amount of emissions for each of the six greenhouse gases in the pollutant GHGs by the gas's associated global warming potential published in Table A -1 to subpart A of Code of Federal Regulations, title 40, part 98, Global Warming Potentials, as amended, and summing the resultant value for each. Subp. 16. Hazardous waste. Items A to D designate the RGU for the type of project listed: A. For construction or expansion of a hazardous waste disposal facility, the PCA shall be the RGU. B. For construction of a hazardous waste processing facility with a capacity of 1,000 or more kilograms per month, the PCA shall be the RGU. C. For expansion of a hazardous waste processing facility that increases its capacity by ten percent or more, the PCA shall be the RGU. D. For construction or expansion of a facility that sells hazardous waste storage services to generators other than the owner and operator of the facility or construction of a facility at which a generator's own hazardous wastes will be stored for a time period in excess of 90 days, if the facility is located in a water - related land use management district, or in an area characterized by soluble bedrock, the PCA shall be the RGU. Subp. 17. Solid waste. Items A to G designate the RGU for the type of project listed: A. For construction of a mixed municipal solid waste disposal facility for up to 100,000 cubic yards of waste fill per year, the PCA is the RGU. B. For expansion by 25 percent or more of previous capacity of a mixed municipal solid waste disposal facility for up to 100,000 cubic yards of waste fill per year, the PCA is the RGU. Copyright 02011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. '� 5 7 REVISOR 4410.4300 C. For construction or expansion of a mixed municipal solid waste transfer station for 300,000 or more cubic yards per year, the PCA is the RGU. D. For construction or expansion of a mixed municipal solid waste energy recovery facility or incinerator, or the utilization of an existing facility for the combustion of mixed municipal solid waste or refuse - derived fuel, with a capacity of 30 or more tons per day of input, the PCA is the RGU. E. For construction or expansion of a mixed municipal solid waste compost facility or a refuse - derived fuel production facility with a capacity of 50 or more tons per day of input, the PCA is the RGU. F. For expansion by at least ten percent but less than 25 percent of previous capacity of a mixed municipal solid waste disposal facility for 100,000 cubic yards or more of waste fill per year, the PCA is the RGU. G. For construction or expansion of a mixed municipal solid waste energy recovery facility ash landfill receiving ash from an incinerator that burns refuse- derived fuel or mixed municipal solid waste, the PCA is the RGU. Subp. 18. Wastewater systems. Items A to C designate the RGU for the type of project listed: A. For expansion, modification, or replacement of a municipal sewage collection system resulting in an increase in design average daily flow of any part of that system by 1,000,000 gallons per day or more if the discharge is to a wastewater treatment facility with a capacity less than 20,000,000 gallons per day or for expansion, modification, or replacement of a municipal sewage collection system resulting in an increase in design average daily flow of any part of that system by 2,000,000 gallons per day or more if the discharge is to a wastewater treatment facility with the capacity of 20,000,000 gallons or greater, the PCA shall be the RGU. B. For expansion or reconstruction of an existing municipal or domestic wastewater treatment facility which results in an increase by 50 percent or more and by at least 200,000 gallons per day of its average wet weather design flow capacity, or construction of a new municipal or domestic wastewater treatment facility with an average wet weather design flow capacity of 200,000 gallons per day or more, the PCA shall be the RGU. C. For expansion or reconstruction of an existing industrial process wastewater treatment facility which increases its design flow capacity by 50 percent or more and by at least 200,000 gallons per day or more, or construction of a new industrial process wastewater treatment facility with a design flow capacity of 200,000 gallons per day or more, 5,000,000 gallons per month or more, or 20,000,000 gallons per year or more, the PCA shall be the RGU. This category does not apply to industrial process wastewater Copyright 02011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. r' 0 8 REVISOR 4410.4300 treatment facilities that discharge to a publicly -owned treatment works or to a tailings basin reviewed pursuant to subpart 11, item B. Subp. 19. Residential development. An EAW is required for residential development if the total number of units that may ultimately be developed on all contiguous land owned or under an option to purchase by the proposer, except land identified by an applicable comprehensive plan, ordinance, resolution, or agreement of a local governmental unit for a future use other than residential development, equals or exceeds a threshold of this subpart. In counting the total number of ultimate units, the RGU shall include the number of units in any plans of the proposer; for land for which the proposer has not yet prepared plans, the RGU shall use as the number of units the product of the number of acres multiplied by the maximum number of units per acre allowable under the applicable zoning ordinance or, if the maximum number of units allowable per acre is not specified in an applicable zoning ordinance, by the overall average number of units per acre indicated in the plans of the proposer for those lands for which plans exist. If the total project requires review but future phases are uncertain, the RGU may review the ultimate project sequentially in accordance with part 4410. 1000, subpart 4. If a project consists of mixed unattached and attached units, an EAW must be prepared if the sum of the quotient obtained by dividing the number of unattached units by the applicable unattached unit threshold, plus the quotient obtained by dividing the number of attached units by the applicable attached unit threshold, equals or exceeds one. The local governmental unit is the RGU for construction of a permanent or potentially permanent residential development of: A. 50 or more unattached or 75 or more attached units in an unsewered unincorporated area or 100 unattached units or 150 attached units in a sewered unincorporated area; B. 100 unattached units or 150 attached units in a city that does not meet the conditions of item D; C. 100 unattached units or 150 attached units in a city meeting the conditions of item D if the project is not consistent with the adopted comprehensive plan; or D. 250 unattached units or 375 attached units in a city within the seven - county Twin Cities metropolitan area that has adopted a comprehensive plan under Minnesota Statutes, section 473.859, or in a city not located within the seven - county Twin Cities metropolitan area that has filed with the EQB chair a certification that it has adopted a comprehensive plan containing the following elements: (1) a land use plan designating the existing and proposed location, intensity, and extent of use of land and water for residential, industrial, agricultural, and other public and private purposes; Copyright ©2011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. q 1 9 REVISOR 4410.4300 (2) a transportation plan describing, designating, and scheduling the location, extent, function, and capacity of existing and proposed local public and private transportation facilities and services; (3) a sewage collection system policy plan describing, designating, and scheduling the areas to be served by the public system, the existing and planned capacities of the public system, and the standards and conditions under which the installation of private sewage treatment systems will be permitted; (4) a capital improvements plan for public facilities; and (5) an implementation plan describing public programs, fiscal devices, and other actions to be undertaken to implement the comprehensive plan, and a description of official controls addressing the matters of zoning, subdivision, private sewage systems, and a schedule for the implementation of those controls. The EQB chair may specify the form to be used for making a certification under this item. Subp. 19a. Residential development in shoreland outside of the seven - county Twin Cities metropolitan area. A. The local governmental unit is the RGU for construction of a permanent or potentially permanent residential development located wholly or partially in shoreland outside the seven - county Twin Cities metropolitan area of a type listed in items B to E. For purposes of this subpart, "riparian unit" means a unit in a development that abuts a public water or, in the case of a development where units are not allowed to abut the public water, is located in the first tier of the development as provided under part 6120.3 800, subpart 4, item A. If a project is located partially in a sensitive shoreland area and partially in nonsensitive shoreland areas, an EAW must be prepared if the sum of the quotient obtained by dividing the number of units in the sensitive shoreland area by the applicable sensitive shoreland area threshold, plus the quotient obtained by dividing the number of units in nonsensitive shoreland areas by the applicable nonsensitive shoreland area threshold, equals or exceeds one. If a project is located partially in shoreland and partially not in shoreland, an EAW must be prepared if the sum of the quotients obtained by dividing the number of units in each type of area by the applicable threshold for each area equals or exceeds one. B. A development containing 15 or more unattached or attached units for a sensitive shoreland area or 25 or more unattached or attached units for a nonsensitive shoreland area, if any of the following conditions is present: (1) less than 50 percent of the area in shoreland is common open space; (2) the number of riparian units exceeds by at least 15 percent the number of riparian lots that would be allowable calculated according to the applicable lot area Copyright 02011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Li 10 REVISOR 4410.4300 and width standards for riparian unsewered single lots under part 6120.3300, subparts 2a and 2b; or (3) if any portion of the project is in an unincorporated area, the number of nonriparian units in shoreland exceeds by at least 15 percent the number of lots that would be allowable on the parcel calculated according to the applicable lot area standards for nonriparian unsewered single lots under part 6120.3300, subparts 2a and 2b. C. A development containing 25 or more unattached or attached units for a sensitive shoreland area or 50 or more unattached or attached units for a nonsensitive shoreland area, if none of the conditions listed in item B is present. D. A development in a sensitive shoreland area that provides permanent mooring space for at least one nonriparian unattached or attached unit. E. A development containing at least one unattached or attached unit created by the conversion of a resort, motel, hotel, recreational vehicle park, or campground, if either of the following conditions is present: (1) the number of nonriparian units in shoreland exceeds by at least 15 percent the number of lots that would be allowable on the parcel calculated according to the applicable lot area standards for nonriparian unsewered single lots under part 6120.3300, subparts 2a and 2b; or (2) the number of riparian units exceeds by at least 15 percent the number of riparian lots that would be allowable calculated according to the applicable lot area and width standards for riparian unsewered single lots under part 6120.3300, subparts 2a and 2b. F. An EAW is required for residential development if the total number of units that may ultimately be developed on all contiguous land owned or under an option to purchase by the proposer, except land identified by an applicable comprehensive plan, ordinance, resolution, or agreement of a local governmental unit for a future use other than residential development, equals or exceeds a threshold of this subpart. In counting the total number of ultimate units, the RGU shall include the number of units in any plans of the proposer. For land for which the proposer has not yet prepared plans, the RGU shall use as the number of units the number of acres multiplied by the maximum number of units per acre allowable under the applicable zoning ordinance or, if the maximum number of units allowable per acre is not specified in an applicable zoning ordinance, by the overall average number of units per acre indicated in the plan of the proposer for those lands for which plans exist. Subp. 20. Campgrounds and RV parks. For construction of a seasonal or permanent recreational development, accessible by vehicle, consisting of 50 or more Copyright ©2011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1 3 11 REVISOR 4410.4300 sites, or the expansion of such a facility by 50 or more sites, the local government unit shall be the RGU. Subp. 20a. Resorts, campgrounds, and RV parks in shorelands. The local government unit is the RGU for construction or expansion of a resort or other seasonal or permanent recreational development located wholly or partially in shoreland, accessible by vehicle, of a type listed in item A or B: A. construction or addition of 25 or more units or sites in a sensitive shoreland area or 50 units or sites in a nonsensitive shoreland area if at least 50 percent of the area in shoreland is common open space; or B. construction or addition of 15 or more units or sites in a sensitive shoreland area or 25 or more units or sites in a nonsensitive shoreland area, if less than 50 percent of the area in shoreland is common open space. If a project is located partially in a sensitive shoreland area and partially in nonsensitive shoreland areas, an EAW must be prepared if the sum of the quotient obtained by dividing the number of units in the sensitive shoreland area by the applicable sensitive shoreland area threshold, plus the quotient obtained by dividing the number of units in nonsensitive shoreland areas by the applicable nonsensitive shoreland area threshold, equals or exceeds one. If a project is located partially in shoreland and partially not in shoreland, an EAW must be prepared if the sum of the quotients obtained by dividing the number of units in each type of area by the applicable threshold for each area equals or exceeds one. Subp. 21. Airport projects. Items A and B designate the RGU for the type of project listed: A. For construction of a paved, new airport runway, the DOT, local governmental unit, or the Metropolitan Airports Commission shall be the RGU. B. For construction of a runway extension that would upgrade an existing airport runway to permit usage by aircraft over 12,500 pounds that are at least three decibels louder than aircraft currently using the runway, the DOT, local government unit, or the Metropolitan Airports Commission shall be the RGU. The RGU shall be selected according to part 4410.0500, subpart 5. Subp. 22. Highway projects. Items A to C designate the RGU for the type of project listed: A. For construction of a road on a new location over one mile in length that will function as a collector roadway, the DOT or local government unit shall be the RGU. B. For construction of additional travel lanes on an existing road for a length of one or more miles, the DOT or local government unit shall be the RGU. Copyright 02011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. L"' q 12 REVISOR 4410.4300 C. For the addition of one or more new interchanges to a completed limited access highway, the DOT or local government unit shall be the RGU. Subp. 23. Barge fleeting. For construction of a new or expansion of an existing barge fleeting facility, the DOT or port authority shall be the RGU. Subp. 24. Water appropriation and impoundments. Items A to C designate the RGU for the type of project listed: A. For a new appropriation for commercial or industrial purposes of either surface water or ground water averaging 30,000,000 gallons per month; or a new appropriation of either ground water or surface water for irrigation of 540 acres or more in one continuous parcel from one source of water, the DNR shall be the RGU. B. For a new permanent impoundment of water creating additional water surface of 160 or more acres or for an additional permanent impoundment of water creating additional water surface of 160 or more acres, the DNR shall be the RGU. C. For construction of a dam with an upstream drainage area of 50 square miles or more, the DNR shall be the RGU. Subp. 25. Marinas. For construction or expansion of a marina or harbor that results in a 20,000 or more square foot total or a 20,000 or more square foot increase of water surface area used temporarily or permanently for docks, docking, or maneuvering of watercraft, the local government unit shall be the RGU. Subp. 26. Stream diversion. For a diversion, realignment, or channelization of any designated trout stream, or affecting greater than 500 feet of natural watercourse with a total drainage area of ten or more square miles unless exempted by part 4410.4600, subpart 14, item E, or 17, the local government unit shall be the RGU. Subp. 27. Wetlands and public waters. Items A and B designate the RGU for the type of project listed: A. For projects that will change or diminish the course, current, or cross - section of one acre or more of any public water or public waters wetland except for those to be drained without a permit pursuant to Minnesota Statutes, chapter 103G, the local government unit shall be the RGU. B. For projects that will change or diminish the course, current, or cross - section of 40 percent or more or five or more acres of types 3 through 8 wetland of 2.5 acres or more, excluding public waters wetlands, if any part of the wetland is within a shoreland area, delineated flood plain, a state or federally designated wild and scenic rivers district, the Minnesota River Project Riverbend area, or the Mississippi headwaters area, the local government unit shall be the RGU. Subp. 28. Forestry. Items A and B designate the RGU for the type of project listed: Copyright 02011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 13 REVISOR 4410.4300 A. For harvesting of timber for commercial purposes on public lands within a state park, historical area, wilderness area, scientific and natural area, wild and scenic rivers district, the Minnesota River Project Riverbend area, the Mississippi headwaters area, or critical area that does not have an approved plan under Minnesota Statutes, section 86A.09 or 116G.07, the DNR shall be the RGU. B. For a clearcutting of 80 or more contiguous acres of forest, any part of which is located within a shoreland area and within 100 feet of the ordinary high water mark of the lake or river, the DNR shall be the RGU. Subp. 29. Animal feedlots. The PCA is the RGU for the types of projects listed in items A and B unless the county will issue the feedlot permit, in which case the county is the RGU. However, the county is not the RGU prior to January 1, 2001. A. For the construction of an animal feedlot facility with a capacity of 1,000 animal units or more or the expansion of an existing facility by 1,000 animal units or more if the facility is not in an area listed in item B. B. For the construction of an animal feedlot facility of more than 500 animal units or expansion of an existing animal feedlot facility by more than 500 animal units if the facility is located wholly or partially in any of the following sensitive locations: shoreland; a delineated flood plain, except that in the flood plain of the Red River of the North the sensitive area includes only land within 1,000 feet of the ordinary high water mark; a state or federally designated wild and scenic river district; the Minnesota River Project Riverbend area; the Mississippi headwaters area; or an area within a drinking water supply management area delineated under chapter 4720 where the aquifer is identified in the wellhead protection plan as vulnerable to contamination; or within 1,000 feet of a known sinkhole, cave, resurgent spring, disappearing spring, Karst window, blind valley, or dry valley. The provisions of part 4410.1000, subpart 4, regarding connected actions do not apply to animal feedlots. The provisions of part 4410.1000, subpart 4, regarding phased actions apply to feedlots. With the agreement of the proposers, the RGU may prepare a single EAW to collectively review individual sites of a multisite feedlot proposal. Subp. 30. Natural areas. For projects resulting in the permanent physical encroachment on lands within a national park, state park, wilderness area, state lands and waters within the boundaries of the Boundary Waters Canoe Area, scientific and natural area, or state trail corridor when the encroachment is inconsistent with laws applicable to or the management plan prepared for the recreational unit, the DNR or local government unit shall be the RGU. Copyright ©2011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. q b 14 REVISOR 4410.4300 Subp. 31. Historical places. For the destruction, in whole or part, or the moving of a property that is listed on the National Register of Historic Places or State Register of Historic Places, the permitting state agency or local unit of government shall be the RGU, except this does not apply to projects reviewed under section 106 of the National Historic Preservation Act of 1966, United States Code, title 16, section 470, or the federal policy on lands, wildlife and waterfowl refuges, and historic sites pursuant to United States Code, title 49, section 303, or projects reviewed by a local heritage preservation commission certified by the State Historic Preservation Office pursuant to Code of Federal Regulations, title 36, sections 61.5 and 61.7. This subpart does not apply to a property located within a designated historic district if the property is listed as "noncontributing" in the official district designation or if the State Historic Preservation Office issues a determination that the property is noncontributing. Subp. 32. Mixed residential and industrial - commercial projects. If a project includes both residential and industrial- commercial components, the project must have an EAW prepared if the sum of the quotient obtained by dividing the number of residential units by the applicable residential threshold of subpart 19, plus the quotient obtained by dividing the amount of industrial - commercial gross floor space by the applicable industrial - commercial threshold of subpart 14, equals or exceeds one. The local governmental unit is the RGU. Subp. 33. Communications towers. For construction of a communications tower equal to or in excess of 500 feet in height, or 300 feet in height within 1,000 feet of any public water or public waters wetland or within two miles of the Mississippi, Minnesota, Red, or St. Croix rivers or Lake Superior, the local governmental unit is the RGU. Subp. 34. Sports or entertainment facilities. For construction of a new sports or entertainment facility designed for or expected to accommodate a peak attendance of 5;000 or more persons, or the expansion of an existing sports or entertainment facility by this amount, the local governmental unit is the RGU. Subp. 35. Release of genetically engineered organisms. For the release of a genetically engineered organism that requires a release permit from the EQB under chapter 4420, the EQB is the RGU. For all other releases of genetically engineered organisms, the RGU is the permitting state agency. This subpart does not apply to the direct medical application of genetically engineered organisms to humans or animals. Subp. 36. Land use conversion, including golf courses. Items A and B designate the RGU for the type of project listed: A. For golf courses, residential development where the lot size is less than five acres, and other projects resulting in the permanent conversion of 80 or more acres of agricultural, native prairie, forest, or naturally vegetated land, the local government unit Copyright 02011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. q�? 15 REVISOR 4410.4300 shall be the RGU, except that this subpart does not apply to agricultural land inside the boundary of the Metropolitan Urban Service Area established by the Metropolitan Council. B. For projects resulting in the conversion of 640 or more acres of forest or naturally vegetated land to a different open space land use, the local government unit shall be the RGU. Subp. 36a. Land conversions in shoreland. A. For a project that alters 800 feet or more of the shoreline in a sensitive shoreland area or 1,320 feet or more of shoreline in a nonsensitive shoreland area, the local governmental unit is the RGU. B. For a project that alters more than 50 percent of the shore impact zone if the alteration measures at least 5,000 square feet, the local governmental unit is the RGU. C. For a project that permanently converts 20 or more acres of forested or other naturally vegetated land in a sensitive shoreland area or 40 or more acres of forested or other naturally vegetated land in a nonsensitive shoreland area, the local governmental unit is the RGU. Subp. 37. Recreational trails. If a project listed in items A to F will be built on state -owned land or funded, in whole or part, by grant -in -aid funds administered by the DNR, the DNR is the RGU. For other projects, if a governmental unit is sponsoring the project, in whole or in part, that governmental unit is the RGU. If the project is not sponsored by a unit of government, the RGU is the local governmental unit. For purposes of this subpart, "existing trail" means an established corridor in current legal use. A. Constructing a trail at least ten miles long on forested or other naturally vegetated land for a recreational use other than snowmobiling or cross - country skiing, unless exempted by part 4410.4600, subpart 14, item D, or constructing a trail at least 20 miles long on forested or other naturally vegetated land exclusively for snowmobiling or cross - country skiing. B. Designating at least 25 miles of an existing trail for a new motorized recreational use other than snowmobiling. In applying items A and B, if a proposed trail will contain segments of newly constructed trail and segments that will follow an existing trail but be designated for a new motorized use, an EAW must be prepared if the sum of the quotients obtained by dividing the length of the new construction by ten miles and the length of the existing but newly designated trail by 25 miles, equals or exceeds one. C. Paving ten or more miles of an existing unpaved trail, unless exempted by part 4410.4600, subpart 27, item B or F. Paving an unpaved trail means to create a hard surface on the trail with a material impervious to water. Copyright ©2011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. �� 16 REVISOR 4410.4300 D. Constructing an off - highway vehicle recreation area of 80 or more acres, or expanding an off - highway vehicle recreation area by 80 or more acres, on agricultural land or forested or other naturally vegetated land. E. Constructing an off - highway vehicle recreation area of 640 or more acres, or expanding an off - highway vehicle recreation area by 640 or more acres, if the land on which the construction or expansion is carried out is not agricultural, is not forested or otherwise naturally vegetated, or has been significantly disturbed by past human activities such as mineral mining. F. Some recreation areas for off - highway vehicles may be constructed partially on agricultural naturally vegetated land and partially on land that is not agricultural, is not forested or otherwise naturally vegetated, or has been significantly disturbed by past human activities. In that case, an EAW must be prepared if the sum of the quotients obtained by dividing the number of acres of agricultural or naturally vegetated land by 80 and the number of acres of land that is not agricultural, is not forested or otherwise naturally vegetated, or has been significantly disturbed by past human activities by 640, equals or exceeds one. Statutory Authority: MS s 116C.94; 116D.04; 116D.045; L 1998 c 401 s 54 History: 11 SR 714; 13 SR 1437; 13 SR 2046; 17 SR 139; 21 SR 1458; 24 SR 517; 28 SR 951; 30 SR 319; 31 SR 539; 34 SR 721; 36 SR 567 Posted: November 18, 2011 Copyright 02011 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. qq 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Administrat Michelle Hartner, Deputy City C Reschedule November 6, 2012 Council Meeting June 5, 2012 INTRODUCTION The first Council meeting in November falls on Election Day. DISCUSSION State Law prohibits Council meetings from 6:00 -8:00 pm on Election Days. Therefore, Council needs to reschedule the meeting to one of the following: Monday, November 5, 2012 Tuesday, November 6, 2012 (The meeting would need to start at 8:01 pm) Wednesday, November 7, 2012 ACTION REQUESTED The City Council is requested to reschedule the first Council meeting of November. Election results must be canvassed between November 9b and November 161h Respectfully submitted, Michelle Hartner Deputy City Clerk �T�.. r ,. � ° 4 i �. w.. M•k F 1 ,,. Y(D 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 June 5, 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. Update on Development/CIP Projects - Trident Development/Arbor Oaks - Wal -Mart proposal - Parkside at Andover Station - Platting activity 3. Meeting reminders /Community Events 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. 1685 CROSSTOWN BOULEVARD N.W. s 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 June 5, 2012 City Council Meeting DATE: June 5, 2012 The City Council is requested to receive the following supplemental information. Consent Items Item #7. Approve Resolution Amending Res. No 124 -07 to Amend Deferred Assessment Terms for Project 07 X43 — Allen Property (Supplemental) — Administration /Attorney Discussion Items Item #8. Hold Public Hearing/Order Plans & Specs /11- 47/174th Ave. NW, Heather St. NW & 173rd Ln. NW (Supplemental) - Engineering 1685 CROSSTOWN BOULEVARD N.W. s ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Scott Baumgartner, City Attorney Jim Dickinson, City Administrator SUBJECT: Approve Resolution Amending Res. No 12'44)7 to Amend Deferred Assessment Terms for Project 07 -43 — Allen Property (Supplemental) DATE: June 5, 2012 INTRODUCTION The attached resolution has been updated by the City Attorney and the attached special assessment roll by the City Finance Department; they are to replace what is in the original City Council packet In summary the resolution and special assessment roll presentment where simplified and updated to meet with the Council direction from the April 24th workshop. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ADOPTING AN AMENDED DEFERED ASSESSMENT FOR IMPROVEMENTS OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 07 -43 ALLEN PROPERTY. WHEREAS, the City Council adopted Res. No. 124 -07 on September 4, 2007, deferring assessments for various properties adjacent to Shaw's Glen, Woodland Crossings and Cardinal Ridge; and. WHEREAS, the City Council has determined it to be appropriate to amend the deferred assessments set forth in Res. No. 124 -07 for the property described as PIN 15- 32 -24 -43 -0018. NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Andover that: The assessment for the property described as PIN 15- 32 -24 -43 -0018 is to be deferred until one of the following occurs: 1. Upon the sale of lots resulting from the division of the parcel by metes and bounds or platting, all special assessments attributable to the newly created parcels shall be immediately due and paid in full; or 2. Creation of a lot that requires connection to City utilities by City Code. All assessments that lose their deferral under 2 above, shall be payable in equal installments of principal and interest over an 8 year period. The final construction assessment amount will be adjusted by the ENR Construction Cost Index from June 2007 until the time of termination of such deferral. In no event shall such assessment exceed 5.5% annually. City Fees, including the Fox Hollow Lift Station fee, will be adjusted from June 2007 to the current city fees at the time of actual development. If no development has taken place by September 4, 2017, a final deferred assessment amount, including all accrued interest, will be determined and recorded for sanitary sewer, watermain, services, storm sewer, streets , trunk water main area and trunk sanitary sewer area. Starting in the 16th year, the storm sewer, streets and seal coat assessment values will begin to depreciate in equal amounts over the next 10 years so as to achieve an assessment value of zero dollars, at which time the storm sewer, streets and seal coat assessment will expire. Adopted by the City Council of the City of Andover this 5th day of June, 2012. CITY OF ANDOVER Attest: Michael R. 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OL vN m °m Y E Lm= w 3 0 0) O m N C N O 3 N w O O O m (o c O 0 0 c6 C 0) L m N > C m 0) N 0) co .L-' 00 U Q m C 'O L T E C fmn 0 'N-' C `6 2 O C m "O N E 0 m C 0) C •C J O Q C y X N m N O C N O O j N Y c C C m m� Co U m cn m w 0 2 m a -0 (D m m o a��i H N Q C H� LL C a m (n O ((n W H O z (0 LO M () r- LO O M m (C W (O N O M V O M LO N c0 O O O N O O 01 N m W m 7 f� U W M co N (O W m C O W r` c0 M m m m � m Q U c d W o o— N M V m 0 0 0000000 0 N N N N N N N N O A m Q O 1 0) 01 C w O Q d Q r N LO M (O N EA re w O J N 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Mayor and Council Members �. CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works / City Engineer SUBJECT: Hold Public Hearing /Order Plans & Specs /11- 47/174th Ave. NW, Heather St. NW & 173rd Ln. NW — Engineering (Supplemental) DATE: June 5, 2012 INTRODUCTION The attached resolution has been drafted by the City Attorney and should be approved if the City Council opts to initiate the project and assess 50% of the project costs. If the City Council elects to not initiate the project and if the residents do not want to pay 100% of the project cost the resolution should not be approved and the project will be terminated. The resolution in the original packet would be used if the City Council elects to move the project forward with the 100% assessed option. Respectfully submitted, David D. Berkowitz CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 11 -47 , 174Th AVENUE NW, HEATHER STREET NW & 173RD LANE NW AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, a petition was received by the City Council from the neighborhood fronting the existing gravel roads on 174th Avenue NW, Heather Street NW, and 173rd Lane NW on January 3, 2012 requesting improvement of the aforementioned streets; and WHEREAS, the petition contains less than 100% of the property owners fronting the streets to be improved; and WHEREAS, a feasibility report was previously prepared for the requested improvement project and submitted to the City Council at the May 1, 2012 City Council meeting; and WHEREAS, Resolution No. 044 -12 of the City Council adopted on the 1St day of May , 2012, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 5th day of June , 2012; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and WHEREAS, since less than all of the property owners fronting the streets to be improved have signed the petition requesting the improvements, in order for this project to move forward, it must be initiated by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 11 -47 . BE IT FURTHER RESOLVED, the City of Andover shall pay fifty percent (50 %) of the project costs, as identified in the feasibility report, and those owners of properties abutting the improved portions of the streets identified in this project shall be assessed for the remaining fifty percent (50 %) of the project costs in accordance with the City's assessment policies and procedures. MOTION made by Councilmember seconded by Councilmember and adopted by the City Council at a regular meeting this 5t" day of June , 2012, 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