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Home My WebLink AboutCC September 2, 1997 . / " CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - September 2, 1997 Call to order - 7;00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes agenda Bookmark Name minutes Discussion Items 1. Sheriff's Report sheriff 2. Public Hearing/Housing Finance Program/Presbyterian Homes of Andover* housing 3. Park Dedication Update/Hamilton Square pkdedham 4. Park Dedication Update/Presbyterian Homes/The Farmstead pkdedfrm 5. Amended Special Use Permit/Repair Garage/Beck's Auto sup becks 6. Discuss Change Order #l/Include Hamilton Square (97-26) to Shadowbrook (95-26) c019726 7. Receive Bids/97-8/Chesteron Commons bid978 8. Discuss 1998 Property Tax Rates propertytax Staff. Committees. Commissions 9. Appoint EDA Members \ , / Non-Discussion/Consent Items 10. Slow-No Wake Ordinance Update 11. Adopt Ordinance #229/Regulating Park Commission & Park Conduct 12. Approve Ordinance Summary #223/Rum River/Scenic River 13. Amended Special Use Permit/97-12/ Anoka County Highway Dept/Bulk Storage 14. Repeal Ordinance #30/Reimbursement of Consulting Fees 15. Reduce Escrow/Developer Improvements/Meadowlark Heights 16. Revise Resolution #094-96/No Parking/Poppy Street & 135th Avenue 17. Award Bid/97-25/Fencing 18. Award Bid/97-27/Sunshine Park Bituminous Bikeway Trail 19. Approve Final Plat/Shadowbrook 2nd Addition 20. Award Bid/97-6/Shadowbrook 2nd Addition 21. Accept Petition/97-35/The Farmstead 22. Update ofIrrigation Well/96-19/Sunshine Park 23. Set Truth In Taxation Hearing Dates 24. Approve 1997 Budget Revisions 25. Approve Contract/Continuing Disclosure for Outstanding Bond Issues 26. Approve Quotes/Street Repair/Eldorado Estates 27. Award Bid/96-15/Public Works Expansion/Structural Steel Erection 28. Local Planning Assistance Grant Update 29. Approve Final Payment/97-4/Seal Coating 30. Change Order #lIJulian M. Johnson/96-15/Public Works Expansion Mayor/Council Input Payment of Claims Adjournment * Not on Pubished Agenda eda nowake ord229 ord223 supstorage ord30 meadowlk nopark bid9725 bid9727 appfpshad bid976 pet9735 we119619 taxation budget disclosure qtstreet bid9615 grant fpay974 c019615 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " ) DATE: SePtember 2. 1997 AGENDA SECTION Approval of Minutes ORIGINATING DEPARTMENT City ~ ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: August 19 1997 Regular Meeting (K unza absent) August 19, 1997 Special Meeting (Kunza absent) August 19, 1997 Special Closed Meeting (Kunza absent) " / '\ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " J DATE: September 2. t 997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion ITEM NO. I Anoka County Sheriff's Report , BACKGROUND: A representative from the Anoka County Sheriffs Department will be present to provide the Council and the citizens of Andover an update on happenings around the City. Snow mobile patrol will be discussed. / " / CITY OF ANDOVER REQUEST FOR CITY COUNCIL ACTION DATE September 2.1997 AGENDA ITEM ORIGINATING DEPARTMENT Community Development '12 David L. Carlberg Community Development Director . Public Hearing Housing Finance Program I "'I Presbyterian Homes of Andover IJ(. "The Farmstead" "- ;' The City Council is requested to consider and hold a public hearing on the housing financing program of the City and the proposal of Presbyterian Homes of Andover, Inc, that the City undertake a housing finance program to finance "The Farmstead" project. The project would be financed pursuant to Minnesota Statutes, Chapter 462C, by the issuance of revenue obligations. Attached is the housing finance program for Council review. Also attached is a resolution for Council adoption reciting a proposal for a housing finance program. I \, I CITY OF ANDOVER, MINNESOTA HOUSING FINANCE PROGRAM PRESBYTERIAN HOMES OF ANDOVER PROJECT This housing finance program is undertaken by the City of Andover, Minnesota (the "City") for an elderly rental housing development located at3331 Bunker Lake Boulevard Northwest (i.e., Bunker Lake Boulevard between Quay and Marigold). The Development (as hereinafter described) will be financed by an issue of revenue bonds issued by the City pursuant to Minnesota Statutes, Chapter 462C. The Development will be undertaken to further the policies and goals stated in the City's Housing Plan. The Development, called The Farmstead, will consist of the acquisition, construction and equipping of an elderly rental b~ housing development of approximately ~units, of which ~units will be designed for assisted living a~d.~for independent .......,J..Iv~iving. The Development will be undertake~y Presbyterian Homes /.; /0 ~;~,\V-of Andover, Inc., a Minnesota nonprofit corporation. The .rl\'-.\J "V:1 expected base monthly rental fees for a one-bedroom independent ~I living unit will be between $625 and $835; a two-bedroom independent living unit will be between $990 and $1,375; and a two-bedroom cottage-style independent living unit will be $1,650. The expected base monthly rental fees for a studio assisted living unit will be $1,750; a one-bedroom assisted living unit will be $1,900i and a two-bedroom assisted living unit will be $2,500. The Development will be available for rental to the general public, and will be operated only as an elderly rental housing facility for the term of the revenue bonds. I The City will issue revenue bonds to finance the Development in the principal amount not to exceed $13,000,000. The owner of the Development will be required, pursuant to a revenue agreement, to make payments sufficient to pay when due the principal of, premium, if any, and interest on all such revenue bonds. The revenue bonds may be structured so as to take advantage of whatever means are available or necessary and are permitted by law to enhance the security for and marketability of the revenue bonds. Substantially all of the net proceeds of the revenue bonds (the initial principal amount thereof, less amounts deposited in a reasonably required reserve or paid out as costs of issuance of the revenue bonds) will be used to pay the costs of the Development, including any functionally related and subordinate facilities. The Development will be operated as an elderly rental housing development within the meaning of Minnesota Statutes, Chapter 462C. , / 359417.1 ACquisition of the Development will be carried out in accordance with applicable land use and development restrictions, and construction of the Development is subject to applicable state and local building codes. The Development is consistent with the City's Housing Plan under Minnesota Statutes, Chapter 462C. The owner of the Development will be required to operate the project in accordance with state and local anti-discrimina- tion laws and ordinances. . The City has adequate existing capacity to administer, monitor and supervise the Development, although the City has reserved the right to contract with other public agencies or private parties for these purposes. The costs of the Development and the program of financing the Development, including specifically the costs of the City generally will be paid or reimbursed by the owner of the Development or from the application fee paid to the City by the owner. . , 359417.1 2 Extract of Minutes of a Meeting of the City Council of the City of Andover, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Minnesota, was duly held at the City Hall in said City on Tuesday, the 2nd day of September, 1997, at .M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION RECITING A PROPOSAL FOR A HOUSING FINANCE PROGRAM TO FINANCE AN ELDERLY HOUSING DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE ISSUANCE OF REVENUE BONDS PURSUANT TO MINNESOTA LAW, AND RATIFYING THE PREPARATION OF A HOUSING FINANCE PROGRAM (PRESBYTERIAN HOMES OF ANDOVER PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member , and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. / 359417.1 RESOLUTION RECITING A PROPOSAL FOR A HOUSING FINANCE PROGRAM TO FINANCE AN ELDERLY HOUSING DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE ISSUANCE OF REVENUE BONDS PURSUANT TO MINNESOTA LAW, AND RATIFYING THE PREPARATION OF A HOUSING FINANCE PROGRAM (PRESBYTERIAN HOMES OF ANDOVER PROJECT) (a) WHEREAS, Minnesota Statutes, Chapter 462C (the "Act) confers upon cities, the power to issue revenue bonds to finance a program for the purposes of planning, administering, making or purchasing loans with respect to one or more multifamily housing developments within the boundaries of the city; and (b) WHEREAS, the City of Andover, Minnesota (the "City") has received from Presbyterian Homes of Andover, Inc. (the "Developer") a proposal that the City undertake a program to finance a Project hereinafter described, through the issuance of revenue bonds or obligations (in one or more series) (the "Bonds") pursuant to the Act; and (c) WHEREAS, the City desires to facilitate the development of rental housing within the community; encourage the development of affordable housing opportunities for residents of the City; encourage the development of housing facilities designed for occupancy by elderly persons; and encourage the development of blighted or underutilized land and structures within the boundaries of the City; and the Project will assist the City in achieving these objectives; and ~.......... V ~^ v.'W'-'~ ~ 'v. r. ,.J\ A':1 .\.J ..... , ~\,.~ (d) WHEREAS, the Project to be financed by the Bonds consists of the acquisition, construction and equipping of an elderly rental housing development of approximately l~units located at3331 Bunker Lake Boulevard Northwest (i.e., Bunker Lake Boulevard between Quay and Marigold) in the City of which~~S units will be designed for assisted living and ~for independent living, and consists of the construction and equipping of buildings thereon which will result in the provision of additional rental housing opportunities to elderly persons within the community; and , , (e) WHEREAS, in accordance with Minnesota Statutes, Section 462C.04, Subdivision 2, the City has heretofore submitted to the Metropolitan Council (the "Council") a program to finance the Project and the City has received a letter dated , 1997 from , / 359417.1 the Council stating that Council staff has reviewed the proposal and finds no apparent inconsistencies between the proposal and Council policies; and (f) WHEREAS, a public hearing on the Project was held on the date hereof, after notice was published and materials made available for public inspection at the City Hall, all as required by the Act and Section 147{f) of the Internal Revenue Code of 1986, as amended, at which public hearing all those appearing who desired to speak were heard and written comments were accepted; and (g) WHEREAS, no public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. The City hereby gives preliminary approval to the proposal of the Developer that the City undertake the Project, described above, and the program of financing therefor, pursuant to the Act, consisting of the acquisition and construction of multifamily rental housing facilities within the City pursuant to the Developer's specifications and to a revenue agreement between the City and the Developer on such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal and interest on the Bonds in the total principal amount of not to exceed $13,000,000 to be issued pursuant to the Act to finance the acquisition and construction of the Project; and said agreement may also provide for the entire interest of the Developer therein to be mortgaged to the purchasers of the Bonds, or a trustee for the holder(s) of the Bonds; and the City, acting by and through the City, hereby undertakes preliminarily to issue its bonds in accordance with such terms and conditions. 2. At the option of the City, the financing may be structured so as to take advantage of whatever means are available and are permitted by law to enhance the security for, or marketability of, the Bonds; provided that any such financing structure must be consented to by the Developer. 3. On the basis of information available to the City it appears, and the City hereby finds, that the Project consti- tutes a multifamily housing development within the meaning of subdivision 5 of Section 462C.02 of the Act; that the availability of the financing under the Act and the willingness of the City to furnish such financing will be a substantial inducement to the Developer to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage 359417.1 3 the provision of additional multifamily rental housing opportunities to residents of the City, and to promote more intensive development and use of land within the City. 4. The Project and the program to finance the Project by the issuance of revenue bonds, is hereby given preliminary approval by the City subject to final approval by the City, the Developer and the purchasers of the Bonds as to ultimate details of the financing of the Project. 5. All prior actions taken by the City Staff in directing Briggs and Morgan, Professional Association, acting as bond counsel to prepare a housing program for financing the Project prepared in accordance with the provisions of Minnesota Statutes, Section 462C.03 is hereby ratified, affirmed and approved. 6. The Developer has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion will be paid by the Developer. , I 7. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Developer and the underwriter of the Bonds as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to the City for final approval. 8. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, lien or encum- brance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereon against any property of the City, except such property as may be expressly pledged for the security of the Bonds. The Bonds shall recite in substance that Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory or Charter limitation. 9. In anticipation of the approval by all necessary entities of the housing program and the issuance of the Bonds to finance all or a portion of the Project, and in order that 359417.1 4 completion of the Project will not be unduly delayed when approved, the Developer is hereby authorized to make such I expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Bonds, as the Developer considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Bonds if any when delivered but otherwise without liability on the part of the City. Adopted by the City Council of the City of Andover, Minnesota this 2nd day of September, 1997. Mayor ATTEST: Clerk , / 359417.1 5 STATE OF MINNESOTA , COUNTY OF ANOKA I CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes related to a resolution granting preliminary approval to the Presbyterian Homes of Andover Project. WITNESS my hand this 2nd day of September, 1997. i City Clerk I 359417.1 6 J NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF REVENUE BONDS TO FINANCE AN ELDERLY HOUSING DEVELOPMENT (PRESBYTERIAN HOMES OF ANDOVER PROJECT) TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Andover, Minnesota, will meet in the City Council Chambers at the Andover City Hall, 1685 Crosstown Boulevard Northwest, in the City of Andover, Minnesota, at 7:00 p.m. on Tuesday, September 2, 1997, to consider the housing finance program of the City and the proposal of Presbyterian Homes of Andover, Inc. (the "Developer") that the City undertake a housing finance program to finance the Project hereinafter described, pursuant to Minnesota Statutes, Chapter 462C, by the issuance of revenue obligations. Description of the Project: The project consists of the acquisition, construction and equipping of aq~~~derly rental housing development of ,.Yapproximately ~units located at'331 Bunker Lake Boulevard 1" ;Y Northwest (:i,,.~, Bunker Lake Boulevard between Quay and Marigold) /~~;~_ of which ~~its will be designed for assisted living and ~~for ~ ~{ ,~independent living. The Project will be owned and operated ffy ~hj~the Developer. . '<'i" ~ The maximum aggregate estimated principal amount of bonds or other obligations to be issued to finance the Project pursuant to the housing finance program will be $13,000,000. Subsequent to approval of the housing finance program, the City may issue revenue bonds to finance the housing finance program. Said bonds or other obligations, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City, or its housing and redevelopment authority, except the Project and the revenues to be derived from the Project. Such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid by the Developer pursuant to a revenue agreement. Further information concerning the housing finance.program and the Project may be obtained from the City Clerk during normal business hours. At the time and place fixed for the public hearing, the City Council of the City will give all persons who appear at the hearing an opportunity to express their views with respect to the / 359417.1 housing finance program and proposal. written comments will be considered if submitted at the above City office on or before the date of the hearing. Dated: August 5, 1997. 359417.1 BY ORDER OF THE CITY COUNCIL OF OF THE CITY OF ANDOVER, MINNESOTA By Vicki Volk Its City Clerk CITY OF ANDOVER REQUEST FOR COUNCil ACTION , , I DATE: SePtember 2. 1997 AGENDA SECTION Discussion ORIGINATING DEPARTMENT ITEM NO. :2 Park Dedication Update O. Hamilton Square . -=r2 David L. Carlberg Community Development Director Planning The City Council on August 5, 1997, approved the final plat of Hamilton Square (minutes attached). As a condition of the approval, the Council directed the developer and Park and Recreation Commission to negotiate the park dedication requirements due to the large discrepancy between the appraisal of the appraiser hired by the City and the appraisal of the appraiser hired by the developer. The Council requested this item be brought back to them with the results. Since the August 5, 1997 Council meeting, the appraisers have reviewed each others appraisals. The letters of review are attached for Council review. The end result to this date has been no change to the appraisals regarding the large discrepancy on the value of land. The Park and Recreation Commission met on August 21, 1997 (minutes attached). The '\ ) Commission discussed the appraisals and recommends the Council establish park dedication fees based on the appraisal requested by the City prepared by Richard Erickson of AEB, Inc. The Commission found the appraisal of Mr. Erickson to be accurate. , J Regular Andover Ci ty Council Meeting Minutes - August 5, 1997 \ Page 5 J (Presbyterian Homes/Adolfson & Peterson/Financing Discussion, Contipued.: MOTION by Orttel, Seconded by Kunza, the Resolution calling a public hearing on the proposed adoption of the modification of the development program for Development District No. 1 and the proposed establishment of Tax Increment Financing District No. 1-3 therein and the proposed adoption of a Tax Increment Financing Plan therefor, as prepared. (See Resolution R188-97) Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. DISCUSS STOP SIGNS/YUKON STREET NW << HOTH AVENUE NW Mr. Erickson asked the Council to consider ordering the removal of the stop signs for the north/southbound traffic on Yukon Street NW at 140th Avenue NW. Now all three streets have stop signs, but the ones on Yukon Street do not meet warrants. According to the Anoka County Sheriff's Department, there have been no reported accidents at that intersection. Councilmember Orttel recalled they understood the signs did not meet warrants when they were installed, but there was a traffic problem there at that time. Possibly there no longer is a problem. Mayor McKelvey stated he received calls from residents asking that those stop signs be removed. " j MOTION by Kunza, Seconded by Orttel, to remove the stop signs as proposed (the north and southbound stop signs on Yukon Street NW at 140th Avenue NW). Motion carried on a 3-YeE, 2-Absent (Dehn, Knight) vote. D APPROVE FINAL PLAT/HAMILTON SQUARE Mr. Carlberg reported that letter received from Gorden Jenson, Attorney for the Hamiltons, states they approve of the Resolution on the final plat of Hamilton Square with two exceptions. One exception is Item 8 dealing with park dedication. Because of the wide discrepancy between the City'S and Hamilton's appraisers' valuations of the property, they want the ability to compare the two and to talk with the Park and Recreation Commission again about the park dedication. The other issue relates to Item 14 in the proposed Resolution. Staff is asking for a clarification regarding the ponding area on Lot 3, Block 1. During the preliminary plat discussion, the idea of an association to maintain the lot was raised by Staff, but no final decision was made by the Council. Brett Perry, attorney representing the Hamiltons, thanked the City Staff for the fast track of this project. Item 8, as written in the prepared Resolution, relates to the recommendation of the Park and Recreation Commission, which has already been done at the assessed valuation of $1 'million. By adopting the Resolution as writtE"n, they are concerned that ,they would lose their ability to contest and discuss the pros and cons of both appraisals. As far as an owners association for the pond, he understands that the purchase agreement with the health clinic does not address the issue and the post office will not do it pursuant to their Regular Andover City Council Meeting Minutes - August 5, 1997 , Page 6 I (Approval Final Plat/Hamilton Square, Continued) regulations. He understands that the Hamiltons will retain title to the lot, which will be required to be completely dedicated as drainage and utility easement. Mr. Carlberg explained the concern is that if the property goes tax forfeit, it would be the.county's responsibility, and the City would have the ability to acquire it. Councilmember Orttel asked if the City is responsible for the maintenance since it will have an easement over the entire parcel. Mr. Erickson explained the City would maintain it for drainage and utility purposes but not to the level of adjacent properties, such as mowing it. Councilmember Orttel didn't see any difference between private ownership or an association, other than the potential of the City having to mow it at some point. Then the property owner would be assessed, unless it is tax forfeit; then it will become county property. Because the prepared Resolution is silent on the ownership of the pond, it will end up what it is now. He also felt there is a huge disparity between the appraisals on the property and agreed with the developers discussing the park dedication further with the Park and Recreation Commission. MOTION by Orttel, Seconded by Kunza, the Resolution approving the final , plat of Hamilton Square as presented with the exception of Item No.8, ) Park Dedication is to be resolved by negotiating between the parties by the August 19, 1997, City Council meeting. (See Resolution RI89-97) Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. APPROVE FINAL PLANS & SPECS/IP97-B/CHESTERTON COMMONS MOTION by Orttel, Seconded by Kunza, the Resolution approving final plans and specifications and ordering advertisement for bids for Project No. 97-8 in the area of Chesterton Commons for sanitary sewer, watermain, street and storm sewer construction, as prepared. (See Resolution RI90-97) Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. APPROVE PLANS & SPECS/IP97-9/CHESTERTON COMMONS/HAMILTON SQUARE/TRUNK SANITARY SEWER AND WATERMAIN EXTENSION MOTION by Kunza, Seconded by Orttel, the Resolution approving the final plans and specifications and ordering advertisement for bids for Project No. 97-9 in the area of Section 23 (Chesterton Commons/Hamilton Square) for trunk sanitary sewer and watermain construction. (See Resolution R191-97) Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. i ZONING ORDINANCE REVISION PROCESS DISCUSSION Mr. Carlberg asked the Council to consider establishing a citizen advisory committee to review and revise the Sity's Zoning Ordinance. 8-03-' '.:I'T t;. 8'~ 612 871 1481 FRGI J. SCOTT RENNE 612 671 1481 a.~. ~\lJ.6..t!. &,.....ItS...... (""..~.$.I ~..1'.._'"o B...~ r"c) P.~ . . ....... IrNotll.n" ~~ J MABBI X. RENNE, CAE RMI1 ~ ~ tuUI C01l.fWl4n1 272!J IrviIw .Avemu: Sown, MbwQpOU.t, MinMSOtlJ, 55408 tSl2-8'1l-lf17i FtDt.11IZ-il71-1481 July 30. 1997 Gordon L Jensen Attorney at Law 8525 EdinbJOOk CrouUiJ Brooklyn Fad:, MN 5~443 Subje~t: Comments 011 Market Value Appnlisa1 on '12.9 acre parcel of vacant land loc.ale-d on the northeast comer of CrosstawJl Boulevard NW and Hanson Boulevard NW, Andover. Minnesota done by Appraisal EndneeriDg Bureau Inc.. Richard C. Ericksou. Appraiser, dated May I, 1997. Dear Mr. leDSC:n: , J The pulpOSlO of thia letteJ i5 to provide yon with some commentary from an "appraiser's perspective- of the appraisal dOlle on the above referenced property with au appraisal dale of July 5, 1997 (no comment is made regatding the limited change in market conditions between the two appraisal diIW). 'Ibis letter does Dot offer appraisal by appraisal compaIisoDs which could be available upon request but identifies the fundamental deficiencies in the approach used by the Appraisal EngiDeering Bu:reau appraisal towards the raw land of the subjea property. The- appn:aiJAl appoars to haw iOm. deficiencies as to its eomplimce with the Uniform Standards of Profession"! Appr:Wal Practice (USPAP). This would be more appropriate to identify either a review appraiser or before a sophisticated judge/litigator. It is my understanding that your requirements are fD make some comments to the City COuncil to help thelD understand why an 82% diffimmtial in value existS between two appraisers, The primary problcD15 with the lIppaisal are: 1. Failuo to recognize that a good portiOD of the parcel must be used for water retention. As identified on pqe fifteen of my report rou11cen percent of the pendin& development and all undetermined amount of the future development will be dedicated to land needed to address the draiIlage problems In the uea. This is Dot reflected in the Erickson repon at all and probably resulb in A.l1 oveIStatdlent of value of 20%. , ) 2. Of ~ six land ~ used by Mr. EricboJ1 only one (comp thIM) was of the size Q~ level of developmeDt comparable to the subject property. 1'bis property is GOOd Sl6.ON ~7= =J '- ~ '9 I.I:IO,":H r'7.,...n I"" ..,",T A""'ln ~ .j I \ I . . . . B-03-I....:<~ ;: tll-;;:::>!.I 612 871 1481 ~ J. SCOTT RENNE 612 971 1481 0:>.31 Gordon Jensen July 30, 1997 f"llge 2 in the same competitive enviroDmmlt as the subject with a sale price of 57,791 pe1r acre. The other comparablcs azc 531% to 1,146% higher in price prior to adjustments obviously indicatiDa a different competitive environment (because of a lad: of sales I also used three of the sales tbat were the same as those in the Erickson repon with more conventional adjustments for size, utilities and ilcbawlc;dPUJ the BNb1e lU'ea of the 5ubje~ as oomp~ with the comparablCli). Use of additional larger sized parcels redl&ces tlte amount of adjustments and reflects the actual competitive ezmroument in which the subject property in i~ raw state lies. 3. The subject propert;y's utilities axe only to one locimoD at the perimeter of the site. To utilize the total parcel sipi.6cant development costs must be incurred. l.l1e Erickson appraisal appears to allude to some of these COS1S but undcJQtimatcs the appropriate adjustmeot Cor utilities, roads, and othc;r infrastructure that will be required to create ~ that are ready lor developg1en~ on the subject property. " 4. Tbe comparable sales h~ excessive adjustments. The comparable that is pvClm 30% of weight in the final value analysis is almost four yurs old and represe.al:$ a sale to Su.per America whidl has a. reputation for paying the highest price for commercial land as pan ot their regiooal marketing sua~&y. It req\liretl a ,gfOA adjU$tmcul of 125%. Other was are as old as September. 1986. Use of an eleveu year old sale in a report requiriD. a 55% adjustment for time and a 185% gross adjustment docs nol reflect the C\ment market fur land. The Erickson appraisals, with adjustmeD\i$, ranlC from 125% to 220% averaginB 164%. My appraisal has gross adjUstments wbicl1 rilIlic trmn 29.3% to 72.7% average ~H.2%. The reason why my applllisaJ does not have such excessive adjustments is that the comparablC$ selected were mOre similar to tbo subject property. By definition the higher the adjustment thl/: more dimmiJar the comparable, both on an individual and an aggregate ba5u. / l"here are other weakneS5eli within the appraisal but these represent the most fundamental problems. If you have any questions please cotll me ".871-1417. ~kt;~ Marri K. Rerm:'~ J l"qe2 C'~.....I ~TC."""I 88/15/97 16:84 6127891681 APPRAIStll. CFFlCE PAGE 82 AEBhpPRAISA ~/~~-s.~ I ENGINEERING BUREAU lNe VtzlulllltJ" ElllineeTs . . MiIm'",,~.. MlMt60ta SS421-2926 8673/F" (IU) 7"-1U1 , August 13, J997 Mr. Todd Haas, Parts CoordiDator City al AnlIoYtr 1615 Croatoma BoaIevmI NW Andover. MinNlSOta ~5304 Dear Mr. Baas: The CUCDCe t:L 8IIy VICIIIt land appniIaI is tbe ~ ft"Ctl. at ~ IJ~ tMt 1 1. In rcMCW of the IC\'CIl (7) saIea citclIlD the Andover. Aq sales in st. Fnmcis, cmt with Andover? I woaJd WI DO and DOt lIIC this . lvw prioo per II)UItO be when In'CraICd ,nth I fIDd dllII Oftty blr IJV located in Ibe City 01 . fellable bldk:alor of land values In tile City 01 ~ wbe:a 1ISOd by Man1 K. RenDO prorides file a SIb... ia A8d1wcr. " 2. The appraiser mabs III I!ij\lltmclallo "useabIc &rQl". CMlIlIhough the .. a1rec:ted lite area. I betleYe tbc COI1'CCC ......,dlJa al final price 1* ... ttot by tbt _ of . approxbutdy 21.4 8CleI. 3. nc lIppniser makes an adjustmeal so aU the sale price .. "~", CWIl SUe: Six ," WJOeCIda& .... *=toa dw! meet ftom auso comer katiua IK:IUA fhlm C1y Hall. ... oellplO Ili8a$ IS pen:eIIt apillSt the sale price IIr the.... _h....lllIl I 0IIIy two (2) pm:cut oftllo total 1Il-nl-= IIr ""\.-- ...~ ma" would be 10 IIIlIIdpIe 1bc .. -- -~ . _..I by du. poaded --. wIUc:k is J sales ia AMmr ohp to minus um (10) pata1t agaiDIt 's, . ..~ ~. -1oaIIal1lCllt to ADlIb AdD . )'anII. -.e t$c of'" Q ~ tl1perior to the 4. To amve . a 1iaaI VIIue ~.... tIae reuee CIII I 1'.111.., IMI'qIDg to ~~ . per ~ Jboc vaNe. I bdino tllo~ lIppI~ b ."wdPt.........._ totJar~to ~ and IIIUItipIy this r.aar b1 tJ.e lad area 01 .5. Ra;cat lilies diacoveted by tIIia IJlIlfIIser BunIalr Lab Bhd MIIda _ IOId ... $2.97 n-o of the calc. c:iied by Us RaIne. Aa . . Pooda ia Aaob. ~ ill 1997 by.... for $650,000.00 or SO.$3 per.-Ig .. IUlCIbIc IIip gIOIID4. Oood visIlWty 10 HiP die T1D TIme Day Care Ceder located . 3390 Iq88Ie iIot" ..1IlIIe .. IIIIIDc::r ID .m" butlaqu dIea .... acreeee lite...,.. Joc:.W due __ o€CaII UdI 21.9 KII:" ill ~ WdIaad IIId at ... .... ... or about 11.$7 per square Aloe fbr Mt 1W47. willa 1CICllSI1kOIl NonII. Street. 6. My ftDal UIb'siI olthc Ramc IIJIII8iaI ... die IbIM:: points, sbows JacIt of llIPIlOrtiJr tIIc vahle COBChsioll of mIJ 15$0,000.00. Ia . otdlae *-1 fW dial my adjasllllellt. to each oIthe sales cited sMa a IlID&C of $105,950.00 to $1 9,145.00. " J , / 88/1-5/97 16:84 6127891681 " Mr. Todd Ha8s, Pma COardiIatar PaF2 AlIpSt 13. 199'1 APPRAIS/L CFFICE 7. After rmew Cltbc8 JIJ1 Od.....1plDIsd my --. wJ.1Ir tbe 1I.wt11to- Pqcrty Ia iA....d buJa' ad dcr. I bopo tJds ~ iaIlnDatioI II ollaelp ".., tile PIIb('~Qt.1Id tile Ciiy ~ SillCefelJ. ~ENGINJID1NG~llVUU -- I ~" >\ ... <::::- Riclwd c. Erlcbaa V"~ PraidcIIt lofi'r l :JIlCaUWU; No. 4001311 RCE/pb , J J 1110 wodE pedbnao4 br NIn1 K. Kame. I IXIIdIdo Gat .......... "..QJ.h,.. 1i1hv__~b<<I._ ..v --.... PAGE 83 El81l8/97 15: 18 b1:L/l:j'jlbd1 Al-'l-'l<Al:iAL LJl-I- lU:. AEB~PPRAI~ , J ENGINEERING BUREAU INe Vllhlatlo1l E1Igineers - MltufaJHJ/i6. MI1uu!:sota $54J1-2926 67J/Fu ('12) 789-1681 " August 18, 1997 Mr. Todd Haas. Pa1b Coordinator City of AndoYer 1685 CrosstOWll ~ NW Andovcr,1>f"rn~ "304 Dear Mr. Haas: I have revietI'ed tbe letter !rom Mani K. as 10 bcr (.. '11{ IllS 011 my appraiIal ofthc Haudhao Square tract. Tho 1'oUowhIs onll1~ lR my &0 ca:Ia ufllclr IJur poUJIs. Items 1 and 3. " .I .My 1OUcIwina: (I) 1bc IfPI'aisecI valua was buaI em the 30YCIl bIdmdua1lots. (2) A11mnative -.;tf0lll b ItQCDl .&lr SIilject ..........~ would rwah in diflereat ;Ippraisal docs JIO( address these iSSIIC8 due to parcel u . wbo1e, DOt oa the vabao of a plat water retmUioII. plat design. 8Dd pti1ity . development C08ta and IIIIUkct sceaarios. (3) in m.r ~ it the saIo IIDlI cummt lito (l{"J'oy'. . of sub.ioc:t ear out ~ any development which thcI site is low, lDIdmIopebIe, wct1aDd. This liiio IOId for <<:quiR:d Iarso ~ ab to briJIg it equal with U!ject, mRed ttacb ill ADdoYet OIl ~ SouIenrd NW. Item.. Tbcoseof~adil,oIl1""''''' I CUlmIt martct few Co: , ...w siD locaIcd ou Ms. Renne IItates that H ~ year old late older sale ClIJl be used to .iudBc the c:uncm for the Tutor lime OIly Care at 3390 BuDter the sale of tbe Big WbceI Slon: site (Sale 6) in $1.46 per square blt in 1936, ~ tho in area ll1d Ia::aOOa. The diJre. a&<;; in Y3Iue year time di&n:ac:e, tllis equals a 9.36% estimate 1br time of 5% per year 8Dd if applied tIIlIt the ~.1beIU made 8CX:uI'I!dy RIfloct the main IIWY (HIDma BoaIevard NW) through ADdover. ...tJect tho c:aneat madx:t fbr 1aad. I bdiGW thai this val1IC fiIr bad in.udlM:r. The ~ ale afthe '-l BcnIevaR1 at $2.97 per square fuot. when ~ed fa rqJOIt, wbida acIjojDs this sale 10 !he west aud sold for cooditioas "tiaIc- DEcor. 8ot1I8llJclm oear1y irIfmt;~1 IlIUllR blt II 103%, wt.ea dividDcI by the oICW1l (11) iac._ per ",*. 'Ibis ftpre Is JI'C81er tbeo my tbo odIer I8b 1'UIIcI tllIlIJt in I blgher vaIuo ftlr IUbjcct. J 1-'AlX. fd2 68f18f97 15: 18 6127891681 At1-'t<Al::iAL LI" I- .LU:. t-'Abt:. tl::l , I Mr. Todd Haas Page 2 August IS. 1997 In CODCI" tile ilia at idc:Dlk;a1 propertles were the __ -= aad .. alubject IIDll important that III of my aiel cital be Iocau:d klcatioo lad deYdoprnet'( 1Xl"',,1 hot f ~Wj.liI1abJe then Illme of tboee ciRd in the rWy filImd. It woaIcI be COIMDfcIIt if aU ottbe Illes Mthin OlIO mile. Iu D1 appabaIl felt tbIt It lID md ....j....~..., IUde lor items 1IEh.. time. I beIiege ... tbe sales citaI fa lIlY report m IIIIInl appraisal. " I hope tbII McIitiaIlal ialbrmatioa iI olhe1p yua, the Parb ColDmltsiOII md the City COUIICil. SincereI1. ,- ,<.~ c.., Ricbard C. EriWon Vial PImIdcat Minnaota Li08lll8 No. 4001311 RCEJpb " NATURE SAVER'" FAX MEMO 01616 Oa" ro 60.. From J CoIO.PI. i~Wt4N IV <f1F ~~vr/Z. Phone I 7S.>-$/<<:> Faxl 1./'1~~" 3 Fax I , Regular Park and Recreation Commission Meeting August 21, 1997 - Minutes Page 2 (Terrace Park, Cont.) Motion by Kieffer, seconded by Lindahl to remove the "no parking" signs on the east side of Poppy Street along the park. Motion carried on a 5 yes, 2 absent (Grabowski, Blackstad) vote. This item will go to the City Council on September 2,1997. Sandy Mielke suggested that the parents of the ballplayers be reminded to clean up after themselves. Shadowbrook 2nd Addition/Park Dedication Requirements Mr. Haas explained that Mike Quigley of Bunker, LLC has sent a letter to the city offering $14,000 per acre for park dedication fees on Shadowbrook 2nd Addition. This is based on the current appraisals for Crown Pointe East 2nd Addition and Cherrywood Estates. Commissioner Anderson felt that we should have an appraisal on all properties because values can change in 6 months. Mr. Quigley noted that the appraisals for Cherrywood Estates and Crown Pointe East 2nd are only 60 days old. Mr. Anderson was concerned that if we accept the $14,000 per acre that would be $20,000 the Park Commission is not going to get. Motion by Kieffer, seconded by Barringer that we accept $14,000 per acre for Shadowbrook 2nd Addition as prior appraisals were done in June an those properties were in close proximity to Shadowbrook 2nd Addition. Motion carried on a 4-yes, 1-no (Anderson), 2-absent (Grabowski, Blackstad) vote. (j;) Hamilton Square!Park Dedication Requirements Mr. Haas explained that approximately a month ago the city had the Hamilton property appraised and the Hamilton's asked that they be allowed to have their own appraisal done. Their appraisal came in a lot less than the one done by Richard Erickson of Appraisal Engineering Bureau, Inc. f " The Commission felt that we should go with Mr. Erickson's appraisal as the ordinance says that the market value shall be detennined by an accredited appraiser chosen by the Park and Recreation Commission. / " J . J Regular Park & Recreation Commission Meeting August 21, 1997 - Minutes Page 3 (Park Dedication/Hamilton Square, Cont.) Motion by Lindahl, seconded by Barringer that we accept Appraisal Bureau Engineering's appraisal amount in accordance with the ordinance. Motion carried on as-yes, 2 absent (Grabowski, BIackstad) vote. This will go to the City Council on September 2, 1997. The Fannstead/Park Dedication Requirements Mr. Haas explained that Presbyterian Homes is going to go through the platting process and the City Council has left it up to the Park and Recreation Commission as to what the dedication fee should be. The City Council is also thinking about amending the ordinance to eliminate the 2% dedication requirement for each additional dwelling unit over 3 units per gross density. \ / John Mehrkens of Presbyterian Homes presented two different drawings of their proposed project. The first drawing has been shown to the neighborhood, council and staff. This will be a 3 phase project for senior housing. There will be cottages for independent living seniors, apartment style units and assisted living facilities. The design has incorporated a lot of green space, the Round Barn and walkways. They would like to use these items as part of their park dedication requirement. The second drawing shows the long portion of the barn being eliminated and a pond in that space. One of the duplexes has also been eliminated. They would be willing to look at a different use for the Round Barn, such as a museum for the city. Mr. Haas stated that the city attorney explained that the courts have said that 10% is what is reasonable for park dedication. He also noted that the western portion of the proposed development originally was part of the shopping center and a park dedication was paid on that property. This is also true of the portion on the north side of the property. Mr. Mehrkens stated that the site is 10 acres. The walking paths will be open for anyone in the city to use. The donation of the Round Barn and use by the city as they choose and the amount of green space being dedicated would make 10% avreasonable fee. " CITY OF ANDOVER REQUEST FOR COUNCil ACTION \ J DATE: September 2, 1997 AGENDA SECTION Discussion ORIGINATING DEPARTMENT Planning ~ ITEM NO. Park Dedication Update "The Farmstead" 4. Presbyterian Homes of Minnesota David L. Carlberg Community Development Director The City Council on August 5, 1997, discussed the request of Presbyterian Homes of Minnesota to waive park dedication requirements associated with the development of the "Farmstead" plat and senior housing project (minutes attached). At that time, Staff indicated to the Council that further research was necessary as well as Park & Recreation Commission review and discussion. The Park and Recreation Commission on August 21, 1997 discussed the park dedication for "The Farmstead"(minutes attached). The Commission is recommending that a 10% dedication fee be applied for this project. The Commission did not have an interest in the "Round Barn" as a community center. " ) The Planning and Zoning Commission held a public hearing on August 26, 1997 on an amendment to Ordinance No. 10, Section 9.07, Park Dedication. The proposed amendment would require a 10% park dedication requirement only. The 2% additional increase per unit over three has been removed. The amendment also allows, at the discretion of the City Council, the ability to give credit for park dedication requirements for multiple family senior housing projects provided certain criteria are met. Attached is the amendment reviewed by the Planning and Zoning Commission. " , / Regular Andover City Council Meeting Minutes - August 5, 1997 Page 3 I C%)PRESBYTERIAN HOMES/ADOLFSON & PETERSON/FINANCING DISCUSSION Mr. Fursman asked the Council to consider several types of financing assistance to Presbyterian Homes and Adolfson & Peterson for the proposed senior center at the Round Barn site on Bunker Lake Boulevard. The developer have asked the City to issue 501{c)3 revenue bonds for the project. The revenue bonds would bear the name of the City of Andover, but there is no impact on the City; nor is the City liable for any of the debt. The reason for issuing those bonds would be to get a lower interest rate for their construction project. The cost savings would lower the operating cost to, in turn, provide lower rentals. Mary Ippel, bond consultant, explained how the laws affect charitable organization projects such as this and why the City must issue the bonds in order for them to be designated as tax exempt. Mr. Fursman stated the second issue is to use the tax increment financing mechanism known as "pay as you go" where all property taxes generated from the new buildings are refunded to the property owner for 15 years. The TIF savings would be passed 0n to the residents of the project in the form of lower rents of between $75 and $125 per unit. It would require a new district, which would be a housing district. , Ms. Ippel explained Presbyterian Homes has undertaken a number of these / types of projects with requests for tax increment financing assistance, so they are aware the TIF will be qualified as a housing district. She explained the qualifications that Presbyterian Homes must meet while renting their units in order to continue to qualify for TIF. Those qualifications will not be that difficult to meet because this is an elderly project, though this is not what is thought of as subsidized housing. Mr. Fursman stated they do not have the exact details of how much subsidy this would provide. Presbyterian Homes has estimated it could be about $200,000 per year. The IS-year limit is a request of Presbyterian Homes. There is no local government aid loss under this proposal. Ms. Ippel stated she would not limit the length of the TIF, but instead put the district in the TIF for the full duration up to 25 years. At the end of 15 years, the City could look at the existing law and then analyze the increment for other low-to-moderate housing in the larger development district. (Mr. Fursman stated the third request is to waive park dedication fees in return for preserving the Round Barn for community use and providing and maintaining recreational pathways for use by the neighbors. Staff is not yet making a recommendation because it hasn't been determined what \ the Round Barn will be turned into, nor have they determined the park ( J dedication value. Staff is recommending more research be done with the Park and Recreation Commission to determine how the Round Barn will be used and whether or not it has park implications and to get an evaluation of the value of the property to determine an amount for park Regular Andover City Council Meeting Minutes - August 5, 1997 Page 4 I \ (Presbyterian Homes/Adolfson & Peterson/Financing Discussion, Continued) dedication under the ordinance. Another consideration is that because the development will be a Planned Unit Development to get the increased density which includes open spaces and trails, those open spaces and trails could count toward park dedication. Councilmember Orttel stated park dedication is to provide for an increased use of the parks for potential residents. He didn't see that in this case. They are already providing open spaces and trails for public purposes. Also, the commercial area has already paid park dedication and shouldn't have to pay again. Mr. Carlberg pointed out Section 9.07.8 does give credit for nonresidential development. He wondered if senior housing could be incorporated into this to allow that type of credit. Councilmember Orttel stated he would like to see that investigated further. Mr. Fursman recommended no action be taken on this request, and Staff will continue to do further research. The Council agreed. Mr. Fursman noted the final financing request of Presbyterian Homes i3 to receive credit for previously paid SAC and WAC fees for municipal sewer and water. Mr. Carlberg stated about $36,000 worth of assessments relating to trunk sanitary sewer, trunk watermain, lateral water and , trunk connection charges have been assessea to the property. Those / assessments can be credited to the redevelopment of the property. Staff is comfortable with waiving the fees that have already been paid. They will come back at a later date with the final assessment figures. The Council agreed. John Mehrkens, Presbyterian Homes, stated they met with the neighborhood last week, and the response has been very favorable. Scott Weicht, Adolfson & Peterson, reviewed the changes between their original proposal and the current one based upon the requests and concerns of the neighborhood. Those changes include reducing the number of double units to four, having only visitor and some staff traffic off Marigold, lowering the northern wing of the congregate living building to two stories, increasing the number of assisted living units and decreasing the number of congregate living units, increasing the open space areas between the assisted and congregate living units and to the north of the congregate living building, and pulling back the entrance to the underground parking to the west. He also showed a rendering of. the exterior appearance of the buildings which will retain the character of a farm setting. They are now moving into the design phase of the project and hope to break ground October 7 or 8, 1997. MOTION by Orttel, Seconded by Kunza, the Resolution calling for a public hearing on a proposal for a Housing Finance Program and the issuapce of \. revenue bonds to finance an elderly housing development (Presbyterian /Homes of Andover Project) pursuant to Minnesota law and authorizing the publication of a notice of the hearing, as prepared. (See Resolution RI87-97) Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. ,j Regular Park & Recreation Commission Meeting August 21,1997 - Minutes Page 3 (Park Dedication/Hamilton Square, Cont.) Motion by Lindahl, seconded by Barringer that we accept Appraisal Bureau Engineering's appraisal amount in accordance with the ordinance. Motion carried on a 5-yes, 2 absent (Grabowski, Blackstad) vote. This will go to the City Council on September 2, 1997. (i) The FannsteadfPark Dedication Requirements Mr. Haas explained that Presbyterian Homes is going to go through the platting process and the City Council has left it up to the Park and Recreation Commission as to what the dedication fee should be. The City Council is also thinking about amending the ordinance to eliminate the 2% dedication requirement for each additional dwelling unit over 3 units per gross density. " / John Mehrkens of Presbyterian Homes presented two different drawings of their proposed project. The first drawing has been shown to the neighborhood, council and staff. This will be a 3 phase project for senior housing. There will be cottages for independent living seniors, apartment style units and assisted living facilities. The design has incorporated a lot of green space, the Round Barn and walkways. They would like to use these items as part of their park dedication requirement. The second drawing shows the long portion of the barn being eliminated and a pond in that space. One of the duplexes has also been eliminated. They would be willing to look at a different use for the Round Barn, such as a museum for the city. Mr. Haas stated that the city attorney explained that the courts have said that 10% is what is reasonable for park dedication. He also noted that the western portion of the proposed development originally was part of the shopping center and a park dedication was paid on that property. This is also true of the portion on the north side of the property. Mr. Mehrkens stated that the site is 10 acres. The walking paths will be open for anyone in the city to use. The donation of the Round Barn and use by the city as they choose and the amount of green space being dedicated would make 10% a reasonable fee. , " Regular Park & Recreation Commission Meeting August 21,1997 - Minutes Page 4 (The Farmstead Park Dedication, Cont.) Chairperson O'Toole would be in favor because this is considerably different than other developments that have been done. As far as the Round Barn, he didn't know if the city would want ownership. Mr. Haas suggested that the south trail be the main trail and meet bicycle guidelines. Then the city would not need to have a trail along Bunker Lake Boulevard. He felt that the city could pay 50% of the cost and the developer could pay 50%. Motion by Lindahl, seconded by Barringer that we accept a 10% park dedication fee for the property being platted as The Farmstead. Motion carried on a 5-yes, 2-absent (Grabowski, Blackstad) vote. This will go to the City Council on September 2,1997. '. Anoka Area Arena Discussion, Cont, / Mr. Haas explained that at the last meeting Fred Hamacher gave a presentation about the ice arena and the Park Commission decided not to donate any money at this time. There was no change in the Park Commission's decision. 1998 Park Capital Budget Update Chairperson O'Toole explained that he attended the budget meeting with the City Council and that all of the capital expenditures the Park and Recreation Commission had requested have been removed from the budget. The Commission expressed their disappointment noting that the older parks in the city need to be updated as they are hazardous and do not meet ADA requirements. Commissioner Kieffer asked for a breakdown of what the park dedication fees are earmarked for so that the Council knows the Park Commission really has no money. Review BidlPark Fencing Improvements/97-25 , '\ I The Commission reviewed the fencing bid submitted by Mid-Metro Construction for Project 97-25. The alternate bid was to add fencing and mow strips along the foul lines on the ballfields at Sunshine Park and Pine Hills Park. The Commission didn't feel that the alternate should be awarded at this time. . \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , .J Ordinance No. 102 AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLA TYING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: Section 9.03(D). Vertical Curves. Different connecting street gradients shall be connected with vertical curves. Miniml::1m length, iR feet, ef said vertieal el::1l"Ve shall be twenty (20) times the algeeraie differenee in the pereentage ef grade of the r,':o (2) aajaeeat sl0fles. Vertical curves shall be designed in accordance with MNDOT guidelines with a minimum desil!11 sneed ono MPH or as required by the City En?ineer. " Section 9,07.08 Credit for Private Open Space. Where private open space for park and recreation purposes is provided in a proposed nOR residential multinle family senior housing, commercial and industrial development and such space is to be privately owned and maintained by the owner of that ROR residential development, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest. to do so and that the following standards are met: A. That yards, court areas, setbacks and open space required to be maintained by City Ordinances shall not be included in the computation of such private open space; B. That the private ownership and maintenance of the open space is adequately provided for by written agreement; C. That the private open space is restricted for park and recreation purpose by recorded covenants which run with the land in favor of the owners of the property within the R0R resideatial development and which cannot eliminated without the consent of the City Council. . , . J Page Two Ordinance No. 102 D. that the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space; E. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the Comprehensive Plan, and are approved by the City Council; F. That where such credit is granted, the amount of credit shall not exceed one hundred (100%) percent for the BeR resideatial development of the amount calculated under Section 9.07.10. Section 9.07.10 Dedicated Land, Minimum Area. Developers of land within the City of Andover shall be required to dedicate to the City for park. open space and playground purposes as a minimum that percentage of gross land area as set out below: '. A. Residential D'llelling Units/.^.ere (Gross DeHsity) Requirement 10% Q...4 ~ Over 3 :\ed p.','o (2%) perceBt te dedieatieB requirements fer eaeh additieaal1:lBit S'ler three (3) units per grass deasity B. Commercial-Industrial 10% " Notwithstanding the foregoing for all subdivisions by metes and bounds description the subdivider or developer may elect to pay in lieu of the above- mentioned park dedication requirements the sum of four hundred ($400.00) dollars for each dwelling unit that could be constructed upon the proposed subdivided property. In the event the developer elects to pay said Four Hundred ($400.00) Dollar charge, the City may collect additional park fees in the event the developer re-subdivides the property in the future. Such future park fees shall be based upon / '\ Page Three Ordinance No. 102 the percentage schedule set out herein; however, the developer shall receive credit for the per 1:Iflit park fees paid previously. Section 13. Easements. The City shall require as a condition of the approval of the preliminary plat the dedication of all easements for utilities, drainage, streets right-of-way. surface water ponding and such other public uses as shall be found necessary. convenient or desirable by the City to ensure the timely extension of utilities to adjacent properties in accordance with Exhibit A of the Development Policy Guideline adopted by the City Council and on file in the Office of the City Clerk. Prior to the submission of a final plat, registered land surveyor land subdivision to the City Council for approval, the subdivider shall furnish the City with all easements for utilities, drainage, street rights-of-way, surface water ponding, and such other public uses as shall be found to be necessary, convenient or desirable by the City. Said easements shall be in a proper form for recording in the Office of .. the Recorder of Anoka County. Duplicate certificates of title shall be made available for the filing of the easements on registered land. No fmal plat shall be approved by the Q!x.Council until there has been full compliance with this section. All other sections of this ordinance shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover this 16th Seotember , 1997. day of CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria V olk, City Clerk :m PRESBYTERIAN HOMES OF MINNESOTA Senior communiti~s designed with the hand of experience, a heart . / ror excellence and an eye to t/u flltl/re. \ / PRESBYTERIAN HOMES July 15, 1997 RECEIVED JUL 2,41997 CITY OF ANDOVER Mr. Richard Fursman, City Administrator City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Subject: Request for City Assistance for the Farmstead Dear Mr. Fursman: In follow-up to previous meetings, Presbyterian Homes of Minnesota (PHM) is working with the Adolfson family to develop approximately 10 acres of land located on Bunker Lake Blvd. between Quay and Marigold streets into the Farmstead, a 143 unit project developing a "mini" continuum of care for older adults. This project is assumed to include approximately 65 units of assisted living, 70 units of housing and 8 town homes. PHM is a mission oriented non-profit provider committed to providing quality services at reasonable price points. We believe it is vitally important to reach as affordable a price point as possible to more adequately meet community needs and accordingly, are requesting assistance from the city of Andover. Specifically, the following requests: 1. Approval to use 501 (c)3 revenue bonds. The city would essentially be endorsing this project as one providing meaningful services to older adults in the Andover community. The city would act as a "conduit" endorsing the project. The project itself would provide the collateral and the city would have no financial obligation with respect to the financing. The result would be a lower cost of interest and less cost for residents. Interest rates today are estimated to be approximately 6.5% over a 30 year term. 2. Approval of a 15 year pay-as-you-go tax increment financing (TIF). This essentially becomes a tax rebate program enabling current property tax rates to be captured by the city but allowing the full property tax assessment to be implemented over time. Essentially, the taxes as assessed are paid with part of those being rebated to the project. This type of TIF has no risk to the city and enables the rental rates to be lowered. One hundred per cent of the TIF proceeds would be used to reduce unit costs per month. It is anticipated that the savings would average from $75- 125 per unit, per month in lowered cost. At the end of 15 years, the tax base would increase from its current base of approximately $20,000 per ear to an anticipated amount more than $200,000 per year. onsideration for waiving scheduled park dedication fees in return for preserving the Red Barn for community use and providing and maintaining recreational pathways through the property for use by the neighbors. Approximately one sixth of the site would be retained in green space, Round Barn or walkways. It is anticipated that over one mile of walking trails would be provided in and through the project to be used by the neighbors. 4. Credit of existing units against scheduled SACMlAC fees. Currently there are seven units for which credits we believe could be given. This would essentially reduce scheduled SACMlAC fees by approximately $15,000. .1l'"li1g~1Jlt'llt J... St'rz'ices 3220 lake Johanna Boulevard. Arden Hills. MN 55112 Phone (612) 631-6100 Fax (612) 631-6108 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Septem ber 2 1997 J AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. 5. Amended Special Use Permit Repair Garage - 13585 Thrush Street Beck's Auto The City Council is asked to review the Amended Special Use Permit request of Raymond Beck (Beck's Auto) to provide for the exterior storage and screening of vehicles on the property located at 13585 Thrush Street NW. Background On August 16, 1994, the City Council approved a Special Use Permit for Raymond Beck to allow for the operation of a repair garage known as Beck's Auto. The City Council agreed that Mr. Beck would be allowed to operate a repair garage with the following conditions as stated in the resolution granting the Special Use Permit (See attached resolution RI87-94). Request \ / Mr. Beck is requesting that the following condition in the resolution be amended: 5. No outside storage of parts or vehicles after the close of business each day. Mr. Beck is requesting to expand the existing parking lot in the rear of the building and provide a secure parking area for their customer's convenience. This parking area would accommodate vehicles which may be stored overnight. This area would be screened by means of a six (6) foot high solid wood fence so that the exterior storage will not be visible from adjacent properties. Please see enclosed copy of Site Plan. Please find attached, a letter from Mr. Beck that addresses his reasons for requesting an Amended Special Use Permit. Planning and Zoning Commission Recommendation The Planning and Zoning Commission met on August 12, 1997 to review this Amended Special Use Permit request and recommends (3-2 vote) to the City Council approval with the following conditions: #5 be amended to read "No outside storage of parts after the close of each business day." #6 be added to read "The site be open for inspection by City staff." #7 be added to read "The junk vehicle ordinance be strictly adhered to." J Staff has prepared a resolution that reflects these changes. See attached resolution. / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF RAYMOND BECK TO ALLOW FOR THE OUTDOOR STORAGE OF VEHICLES. SAID VEHICLES SHALL BE SCREENED (SCREENING TO CONSIST OF A SIX [6] FOOT HIGH SOLID WOOD FENCE) SO AS NOT TO BE VISIBLE FROM ADJACENT PROPERTIES AND PUBLIC RIGHT-OF-WAYS ON THE PROPERTY LOCATED AT 13585 THRUSH STREET NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 3, ANDOVER COMMERCIAL PARK. WHEREAS, Raymond Beck has requested an Amended Special Use Permit to allow for the outdoor storage of vehicles on the property located at 13585 Thrush Street NW, legally described as Lot 1, Block 3, Andover Commercial Park. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that the request meets the criteria as stated in the Zoning Ordinance; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Raymond Beck to provide screening by means of a six (6) foot high solid wood fence for the outdoor storage of vehicles with the following conditions: Conditions (1-4) of Special Use Permit Resolution 187-94 apply. 5. After the close of each business day, all vehicles shall be stored inside a building or screened by means ofa solid six (6) foot high wood fence. 6. No outside storage of inoperable, partially dismantled, unlicensed or not currently licensed vehicles shall be allowed. / 7. No outside storage of vehicle parts or parts which are kept for scrapping, dismantling, or salvage of any kind shall be allowed. / Adopted by the City Council of the City of Andover on this _ day of ,1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor Regular Planning Commission Meeting August 12, 1997 - Minutes Page 2 / (public Hearing/ Amended Special Use Permit/ Anoka County Hwy. Dept., Cont.) \ / / MOTION by Wells, seconded by Gamache to open the public hearing. Motion carried unanimously. (No one appeared for this item) MOTION by Gamache, seconded by Wells' to close the public hearing. Motion carried unanimously. MOTION by Wells, seconded by Gamache that the Andover Planning and Zoning Commission forward to the City Council the resolution prepared by staff recommending approval of the request of the Anoka County Highway Department to amend a special use permit relating to the bulk storage of liquid fuels on property located at 1440 Bunker Lake Boulevard with the four conditions as recommended by staff. Motion carried unanimously. '@ Public Hearing: Amended Special Use Pennit/Beck's Auto Mr. Johnson reviewed the request of Raymond Beck, Beck's Auto for an amended special use permit to provide for the exterior storage and screening of vehicles on the property at 13585 Thrush Street NW, which is located in the Andover Commercial Park. Mr. Johnson noted the applicable ordinances and explained that the original special use permit was granted on August 16,1994. He also noted that Mr. Beck has asked that condition 5 in the original resolution (no outside storage of parts or vehicles after the close of business each day) be amended. Mr. Johnson explained that Mr. Beck is requesting to expand the existing parking lot in the rear of the building and provide a secure parking area for his customers' convenience. This parking area would accommodate up to 10 vehicles which may be stored overnight. The area would be screened with a six foot high solid wood fence so the exterior storage would not be visible from adjacent properties. Chairman Peek stated that it was his belief that outside storage in the commercial park would be limited. Mr. Johnson noted that he reviewed other Special Use Permits that have been granted over the last three years. Andover Collision's permit states that at the end of each business day vehicles shall be kept inside or fully screened. There were several other permits that contain the same language as Mr. Beck's. There was also a special use permit granted to Bob Bendtsen that contained the same language as Andover Collision's. Commissioner Wells asked if there have been any complaints about the business. Mr. Johnson noted that there have been one or two; however, no one has stopped at City Hall to complain. Chairman Peek stated that he drove through the commercial park tonight and everyone has vehicles stored outside. It looks like we're not enforcing anything. MOTION by Wells, seconded by Barry to open the public hearing. Motion carried. J Regular Planning Commission Meeting August 12,1997 - Minutes Page 3 (Public Hearing/Beck's Auto, Cont.) Ray Beck, 13585 Thrush Street NW explained that what he is ultimately trying to do is clean up his lot. He will not use it for dismantling vehicles. He also noted that all of his customers do not pick their cars up right when they're done. Chairman Peek asked if security is an issue. Mr. Beck stated yes, they have had some minor vandalism. Mr. Peek noted that several years ago the city approved outside storage if a car was not left over 7 days. He asked Mr. Beck if he would be willing to do that. Mr. Beck stated that sometimes he has customers who drop off their vehicles and go on vacation for two weeks. He didn't know what he would do with their cars if it was limited to 7 days. The Commission discussed the number vehicles that would allowed to be stored outside with Mr. Beck stating that he would want 10 - 15 with the possibility of more. He noted that this is strictly short term storage. Commissioner Apel didn't feel that we should be telling Mr. Beck how many cars he can have stored at his business. He compared it to telling a video store they could only rent 500 movies a day. Mr. Johnson suggested a condition that the property would be open for inspection by staff to make sure he isn't dismantling cars. MOTION by Barry, seconded by Wells to close the public hearing. Motion carried / unanimously. Chairman Peek felt that in the future if we include clauses that outside storage isn't allowed we should enforce that or take the clause out of special use permits. He noted that the only concern that he has is that the proposed wood fence be maintained. Commissioner Wells felt that 20 cars is too many. She also noted that Mr. Beck contacted her at home on Saturday and she asked that it be noted for the record that she will not be swayed either way by calls at home. She also felt that the fencing area is too deep. Commissioner Barry agreed that 20 cars as a maximum is too many but 10 is too few. However, she would not want to limit their business. She found this request to be reasonable. Commissioner Gamache felt that Mr. Beck should be commended for his proposal. MOTION by'Gamache, seconded by Apel to forward to the City Council approval of an Amended Special Use Permit requested by Raymond Beck as presented by staff with condition #5 being amended to read "No outside storage of parts after the close of business each day". Commissioner Wells asked if the maker of the motion would be willing to place a limit on the number of vehicles. Commissioner Gamache didn't see any reason to do that. Mr. Johnson recommended that the Commission add two conditions: 1) that the site be open for inspection by city staff; and 2) that the junk car ordinance be strictly adhered to. Commissioner Wells then asked if Mr. Gamache would include a condition that the vehicles parked outside of the fenced area are those that are not being worked on. Regular Planning Commission Meeting August 12, 1997 - Minutes Page 4 t (Public Hearing/Beck's Auto, Cont.) Commissioner Gamache agree to add the two conditions recommended by staff "and Commissioner Apel agreed. Commissioner Apel called the question. Vote on motion: Yes - Barry, Gamache, Apel; No - Peek, Wells. Chairman Peek explained that in concept he supports this request but he didn't think the Commission's recommendation follows it. Commissioner Wells felt that by not limiting the number of vehicles we will have a problem. Motion carried on a 3 yes (Gamache, Barry, Apel), 2 No (peek, Wells) vote. This will go to the City Council on September 2, 1997. Public Hearing: Ordinance 233/An Ordinance Regulating Dogs and Cats Mr. Johnson explained that all of the language that was in Ordinance 53 remains the same except that a provision has been added to regulate cats. No more than three cats / shall be allowed on parcels of land less than 3 acres. In a survey of 13 cities, it was found that half of them regulate cats and 4 out of 7 license cats. Staff is not recommending that we license cats. Cats will be prohibited from running at large. Commissioner Wells recommended that we license cats so that when they are found running at large, the owner can be contacted. MOTION by Barry, seconded by Wells to open the public hearing. Motion carried unanimously. Carolyn Fischer, 1348 - 149th noted that she has tried to live trap cats in her neighborhood and has been unsuccessful. She would like to see the city include cats in the ordinance so they cannot run at large. She also asked that the city license cats. Commissioner Barry felt that cats are no different than dogs and she also would like to see them licensed. Commissioner Wells agreed. MOTION by Wells, seconded by Gamache to close the public hearing. Motion carried unanimously. . I MOTION by Apel, seconded by Gamache to forward to the City Council Ordinance 233 as presented for approval. Motion carried on a 3 yes (Apel, Gamache, Peek), 2 no (Barry, Wells) vote. This will go to the City Council on September 2, 1997. Beck's Auto, Inc. 13585 Thrush St. NW Andover, MN 55304 (612) 754-6030 July 23, 1997 Planning & Zoning Commission City Council City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RE: Amended Special Use Permit Beck's Auto, Inc. Dear Commissioners and City Council members : Today we submitted our application for an Amended Special Use Permit. We are requesting to expand our parking lot and provide a secure parking area for our customer's convenience. For those of you who are new to the Planning & Zoning Commission and City Council, we would like to introduce ourselves. We have been in business as an auto repair shop for the past 14 years. Prior to moving to our Andover location, we were know as Northtown Automotive and rented space at Northtown Mall for 10 'h years. Our building is located in Andover Commercial Park. We have a 6,000 square foot facility with 9 working bays. Our operation is a professional, clean, honest and a very well run business. We are well known and respected by other automotive repair facilities in the metro area. We are members of the North Metro Chamber of Commerce, we support local fund raising efforts and we recently were approved as a national sales location for the Goodyear Tire & Rubber Company. We strongly believe in supporting our local community, not only through patronizing other businesses, but by the hiring of local residents. In the past 27 months at this location, we would like to think that we have proven to the City of Andover that we are responsible business OVv11ers. We have grown from 4 employees to a staff of 7. Currently, we are in the process of searching for another I or 2 top technicians to add to our staff, which will help ease the workload. We are a full service repair facility with the knowledge, skills and equipment to handle the larger, more complicated repairs. City of Andover Page 2 July 23, 1997 The following are some of the reasons we are requesting the Amended SUP: 1. Our business has expanded greatly in the 27 months we have been in business at this location. The sheer volume of vehicles has surpassed our expectations of3 years ago. Our volume has almost tripled from our prior location. 2. Many repair jobs are large projects requiring several days to complete and we often need to wait for parts to arrive, etc. 3. The Planning and Zoning Commission had no restrictions on parking in their recommendation to the City Council to approve our Special Use Permit. Former Council member Jacobson was responsible for adding the fifth condition to the Resolution, in regards to the after hours parking. As far as we know, this fifth condition only applies to 2 businesses in the City of Andover. 4. The customer base continues to grow and consists of many Andover residents, residents of neighboring cities, along with our prior Northtown customers. Most of our customers are regular, repeat customers. We provide repair service to all of our neighboring businesses and their employees, with the exception of Northwest Transmission. 5. Customers drop their cars offfor repair and leave them with us overnight, for a few days, and longer when convenient for them. This is an amenity we like to provide for our customers. 6. We feel we deserve the same courtesy extended to other businesses in Andover in regards to after hours parking. This only seems fair. We realize Andover is trying to achieve a certain "Image" and we respect that. Image is very important to us also. 7. We always park as many vehicles in our building each night, as is physically possible, which amounts to 9 vehicles. 8. We do not intend on using the secure parking for dismantling of cars and/or resale of parts, or for storing unrepairable cars. We are looking for temporary, overflow, secure parking for the convenience of our customers. We are trying our best to comply with all City Ordinances, etc. and we are willing to work with the Planning & Zoning Commission, the City Council and City Staff to resolve the after hours parking regulation and expansion. We hope that you feel our business is an asset to this community too. We will be contacting each of you individually in the near future to answer any questions you may have. Thank you in advance for your time and consideration in granting this request. SiQ;~tt Ray ke~k, Owner ',..::./..,;::.:.(..::,' ..t....>..,:,'.......'I. \ (' ~-f ,./ "i I '. j b ...":<: '::;:';':":;:'!:'}::::J":~:;:~:<:'F'?:;"P"~ I u. ~ : ....,., II : ., lIJ~r~~CSTATlS Q:;: ---~---_. ~------... .. 'NJGH~~~G~U . ~~~~IOII.I/ ~ -- I; t'.,.._. ; F ,..... . ..... ....1 I R -I '-- CST.vCS' NIGHTINGALe '~ I I '. .~, : 1:1 T:'..~>:' "j:::,;,. :..... . I ;" ;;7~-7'" EST-m:s, i 'I I -~~~ 1~1.1.'}:.:,.:;":.<:'<:':'::: ! I. 4-,' .... , ,~_ -.JI ~~. .':. .," .:....... , ". . >;::....-.1 --1 -, I -. -"l..., : . ! .~ ,<z"':', . ..... . ,! JI~ " ~~~..,">'\'.i'" . ~EsT..rEs"c '.' .:..' .:\....:.. .....1...... ~~r..;.:>..::.!l ~ITY U~. .,,?~~:;. ~ ~ '.f' ". .... .):'j<, i~' '....'..1... HALL ;1, ..,. '~s;':.:~. l~-. ,.\. .:":'."'i"II~':::7'~~!"" ." ! ! i ' I :' '; ;,"~ ..,......;,... '!r-- ~~~.-'1' J. . t;"~ . 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I, I l' _ \1 ~ ; " iE- '. , , 1 ~~, I~ ~ .' ~ , \ . -- - - -' ~~ -I~ - - - - ._~ ~ - i\~t::-- " .-~(~~it.. _ .'.:lU L ' / / I I I ( -..'iI' l z. / 3 I il~t... 1. ..... --.-J.. --- .O~Oz:. ,a,9J I .0 ~\ ~~ l~ i . j ~ I I ' , it ,I I .I ' /.\ t \..~ . ..~'. ;- II' . ! ~ ~ ') ~ ." ;i.S."09k' .,....=-=t- =;-.- '"-"'~-=--t~ -=::-- - .. l.o.~rF:~__._ ---.-.-----.k . ,,0.01. 5 .e-ow I , I " tOM ON l;J3l:1lS HSnI:fHl: . .. . -.' ,...... S lt~ i~ c.~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R187-94 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF RAYMOND BECK TO ALLOW FOR THE OPERATION OF A REPAIR GARAGE LOCATED AT 13585 THRUSH STREET NW (PIN 34-32-24-32-0018), LEGALLY DESCRIBED BELOW. WHEREAS, Raymond Beck has requested a Special Use Permit to allow for the operation of a repair garage on the property located at 13585 Thrush Street NW (PIN 34-32-24-32-0018), legally described as Lot 1, Block 3, Andover Co~ercial Park; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Raymond Beck to operate a repair garage on the above described property with the following conditions: 1. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2. The Special Use Permit will be subject to annual review and site-inspection by City Staff. 3. The applicant shall secure a Hazardous Waste Generator's License from Anoka County and provide proof to the city. 4. The site shall be subject to meeting the requirements of Ordinance No.8, Section 8.08, parking. 5. No outside storage of parts or vehicles after the close of business each day. Adopted by the City Council of the City of Andover on this 16th day of August, 1994. ATTES~ Victoria Volk, dLL City Clerk CITY OF ANDOVER //i~v!~, I r'1A'y'-28 97 14: 45 FRDt1: 755-8923 TO: 7545415 PAGE: 02 / 1685 CROSSTOWN BOULEVARD N.W. · ANDOVER. MINNESOTA 55304 . (612) 755-5100 ~k'kd SPECIAL USE PERMIT Property Address 13585 Thrush St. NW, Andover Legal Description of Property: (Fill in whichever is appropriate): CITY of ANDOVER Lot 1 Block 3 Addition Andover Commercial Park (If metes and bounds, attach the complete legal description. ) Is the property: Abstract x or Torrens ? (This information must be provided and can be obtained from the County. ) -----__________________~~_~~~______~____~N~____________"__________ PIN 34-32-24-32-0018 Reason for Request: \ In order to serve our customer needs better, we would like to provide them with secure, short term storage/parking for their vehicles. This would be in addition to the inside storage of vehicles each night. We have no intention of storing/parking vehicles for the main purpose of dismantling and resale of parts. Section o'f ordinance 503 703current Zoning 6~_ ~)'.vJ:?(:5~ -------------------~--------------------------------------------- - Name of Applicant Raymond Beck Address 13585 Thrush st. NW. Andover, MN 55304 Home Phone Business Phone 754-6030 Signature Date &"'2-'2---1/ ---________ --____________________~N_N_N_________________________ property Owner (Fee Owner) (If different from arove) Address HOme Phone Business Phone J Signatur, Date \TJ~ ~ -- - -/-;;.:::~ ~ {;:;: -v~~ - --I-'--;~ ~~-- /F-~-------------- 1 2-s,uu fUUJldif.IfL -7 l3/ 7 U.JI~ . DOCUMENT NO. 1156145.0 ABSTRACT I 3'-/-. 3d.. O?'-/-- 3~. 00/[3 STATE OF MINNESOTA ) €- COUNTY OF ANOKA ) ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON MAR 07 95 AT 4 : 30 PM FEES AND TAXES IN THE AMOUNT OF AND WAS DULY RECORDED. $19.50 PAlO. CITY OF ANDOVER RECEIPT NO. 95010177 EDWARD M. TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATORlRECORDERlREGISTRAR OF TITLES KHJ BY DEPUTY PROPERTY TAX ADMINISTRA TOR/RECORDER/REGISTRAR OF TITLES 1156145 I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. 187-94 with the original record thereof preserved in my office, and have found the same to be a true and correct transcript of the whole '. thereof. J IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 6th day of March , 1995. ,tZ;A~<4#- VJ.ctorJ.a Vo - City Clerk - ., R~coi~t -# /0/-1;1/7' .5<? D;:;~s ","0 c..>. ~f I F";",' FO~~~\' . ....... '-- \. ~'-' C~~-~.d _. f - . '_i ~ . _ - . .' . : :..:. : \:'.: " (SEAL) \ ~~ '}:z '.... " / Regular Andover City Council Meeting Minutes - August 16, 1994 Page 3 '\ J (Consent Agenda, Continued) Item 18 Accept Petition/IP94-24/1800 Bunker Lake Boulevard (Delete "street and storm sewer" from Resolution) :'(See Resolution R176-94) . Item 19 Approve Plans and Specs/IP94-2/Woodland Pond 2nd Addition (See Resolution Rl77-94) Item 20 Declare Cost/IP94-4/14267 Round Lake Boulevard Watermain (See Resolution R178-94) Item 21 Declare Cost/IP93-28/13828 Round Lake Boulevard waterrnain (See Resolution R179-94) Item 22 Declare Cost/IP93-29/13836 Round Lake Boulevard Waterrnain (See Resolution R180-94) Item 23 Declare Cost/IP93-9/Xeon Street Storm Sewer (dollar figures to be provided by Engineer) (See Resolution R181-94) Item 24 Declare Cost/IP92-27/Commercial Boulevard (dollar figures to be provided by Engineer) (See Resolution Rl82-94) Item 26 Declare Cost/IP91-5/Njordrnark-Dale, 178th Lane (dollar figures to be provided by Engineer) (See Resolution R183-94) Item 27 Declare Cost/IP91-l6/159th Avenue (dollar figures to be provided by Engineer) {See Resolution R184-94) Item 28 Declare Cost/IP93-18/Pine Hills (dollar figures to be provided by Engineer) (See Resolution R185-94) Item 32 Approve Plans and Specs/IP94-l7/Quickstrom Addition (See Resolution R186-94) Item 33 Reduce Cash Escrow/IP87-2 and IP87-22 MOTION by Jacobson, Seconded by Dalien, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES August 2, 1994, Regular Meeting: August 3, 1994, Special Meeting: Correct as written. Correct as written. MOTION by Jacobson, Seconded by Perry, the Meeting Minutes for August 2 and August 3 as presented. Motion carried on a 4-Yes, l-Present (Dalien) vote. SPECIAL USE PERMIT/REPAIR GARAGE/13585 THRUSH STREET NW Rav Beck, Northtown Automotive - was located in Northtown for 10 1/2 years, but he lost his lease when Woolworths went out of business. Andover is growing, and he would like to move his business to this community. He runs a clean operation, with no dismantling outside of the building. He complies with all EPA regulations. Councilmernber Jacobson recommended adding a fifth condition to the . / Resolution, which was added to the previous repair garage permit: "No outside storage of parts or vehicles after the close of business each day." Mr. Beck did not have a problem with that except if someone would drop a car off for repair during the night or before business hours. Regular Andover City Council Meeting Minutes - August 16, 1994 Page 4 (Special Use Permit/Repair Garage/13585 Thrush, Continued) " MOTION by Knight, Seconded by Perry, the Resolution granting the Special Use Permit to Mr. Beck as detailed with the addition of Item No.5. (See Resolution RI87-94) Motion carried unanimously. APPROVE PRELIMINARY PLAT /FOXBERRY FARMS Mr. Haas reviewed the proposed preliminary plat of Foxberry Farms which is zoned R-4, located in the MUSA and consists of 82 single family residential lots. Variances are being requested on Lots 14, 15, 18 and 19, Block 4 because they do not meet the 130-foot minimum. There is a controversy on whether or not 141st Lane should exit onto Hanson Boulevard. The Andover Review Committee, along with the Fire Department and Sheriff Department, are recommending 14lst Lane intersect with Hanson Boulevard. The Planning Commission recommended it be constructed as a permanent cul-de-sac. The Park Commission will be recommending land for park dedication per the Comprehensive Plan as a part of the over-all trail system along Coon Creek. '. Councilmember Knight shared the concern raised at the Planning Commission meeting about all back yards backing up to Hanson Boulevard. He did not think it is sightly. He wondered if a service road was considered. Mr. Haas stated there will be restrictive covenants on this development. Also, the City requires those lots to have an additional 10 feet for that reason. Homer Tomkins, General Manaqer, Contractor Property Developers Companv - stated they did not approach a service road. It is generally cost inefficient not to have houses on both sides of the street. They are in the process of closing on the purchase of the adjacent parcel. While Foxberry Farms and Jonathan Woods will continue to be done as separate plats, they will form a partnership and have managerial control over both developments. There is no market for developed lots adjacent to a major arterial without having substantial landscaping. They plan to have a meandering buffer berm with plantings on the sides. They have a tree spade and will be removing the pine trees from the street areas and relocate them along the berm and the balance of the property. This will impact the noise and visibility. Another concept is to build a Kentucky horse fence along the berm to create some individualism. He didn't know if they would use all the trees, but they would be willing to work with the City to provide additional trees in the City parks. Mayor McKelvey noted the Parks Department has asked for 75 to 80 trees to be relocated in various parks. , J Mr. Tomkins - stated they would be glad to do that after they have transplanted them along Hanson and Andover Boulevards. The trees will be planted on the sides of the berms, not on top. They will start moving as many trees as possible to the perimeters before the grading begins. The balance will be moved while the grading is being done. ~~ '\ '-..J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA ST.\TE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, August 12, 1997 at City Hall, 1685 Crosstown Boulevard NW, Andover, MN to review the Amended Special Use Permit of Raymond Beck (Beck's Auto, Inc.) to provide for exterior storage and screening of vehicles on the property located at 13585 Thrush ~) Street NW, legally described as Lot 1, Block 3, Andover Commercial Park. All written and verbal comments will be received at that time and location. A copy of the staff report and applicationwill be available at City Hall for review prior to said meeting. ~iUP Victoria V olk, City Clerk Publication Dates: August 1, 1997 August 8, 1997 , '\ \. _/ P~: 343224320005 ANDOVER ECON DEVLP AUTHORITY 1685 CROSSTOWN BLVD lOVER MN 55304 P~: 343224320006 ANDOVER ECON DEVLP AUTHORITY 1685 CROSSTOWN BLVD ANDOVERN MN 55304 P~: 343224320010 SON1ERRE DOROTHY R 2356 BUNKER LAKE BLVD NW ANDOVER MN 55304 P~: 343224320011 GIESKE JUDY & PFEIFFER LAURI 13654 THRUSH ST NW ANDOVER MN 55304 P~: 343224320012 HUGHES JAMES A & SANDRA E 12083 ROB~ RD MAPLE GROVE MN 55369 P~: 343224320014 G & R ELEVATOR MFG ~C 2353 1361H AVE NW ANDOVER MN 55304 P~: 343224320015 MULCAHY GARY T 05232 N GLENBROOK AVE OAKDALE MN 55128 P~: 343224320016 MULCAHY GARY T 05232 N GLENBROOK AVE OAKDALE MN 55128 P~: 343224320017 ARENT JONATHAN & JUNE 40911761HAVENW ANDOVER MN 55304 P~: 343224320018 BECK RAYMOND C & CYNTIllA K 11132NDAVENE BLAINE MN 55434 , , J P~: 343224320019 GERADS KEITH C & lRACY L 11835 DAVENPORT ST NE BLAINE MN 55449 P~: 343224320020 ANDOVER CITY OF 1685 CROSSTOWN BLVD ANDOVER MN 55304 P~: 343224320024 ANDOVER CITY OF 1685 CROSSTOWN BLVD ANDOVER MN 55304 CITY OF ANDOVER REQUEST FOR COUNCil ACTION DATE: September 2. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson, Engineering ITEM NO. Discuss Change Order #1/lnclude Hamilton Square (97-26) ~~ Shadowbrook (95-26) At the time of the preparation of this agenda item it has been indicated by the attorney for the Hamiltons that they may not be filing the final plat for Hamilton Square prior to the Sept. 2, 1997, City Council meeting. Staff has indicated to them that it is necessary to file the final plat, enter into a development contract with the city, pay all fees, escrow's, et.. and complete all platting requirements prior to the city awarding a street and utility contract for their project. An updated status report will be presented at the meeting. J " j CITY OF ANDOVER REQUEST FOR COUNCil ACTION DATE: September 2.1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson, Engineering ITEM NO. Receive Bids/97 -8/Chesterton Commons I, The City Council is requested to approve the resolution receiving bids for Project 97-8, Chesterton Commons. Bids received are as follows: Contractor Bid Amount Engineer's Estimate $739,245.76 $742,793.19 $743,170.50 $773,276.50 $776,143.00 $801,847.16 $713,310.00 Richard Knutson, Inc. Northdale Construction , Burschville Construction / Barbarossa & Sons Ryan Contracting G.L. Contracting Although the window of construction is quickly closing, it is not recommended to award the bid for this project until the Coon Creek Watershed District (CCWD) has issued a permit for this project. The CCWD is reviewing the revised plans at their September 8, 1997 meeting. The Watershed has also indicated that they will be requiring drainage and utility easements to be dedicated to the City for the drainage ponds identified on the preliminary plat. To attempt to keep this project and the Hamilton Square pro~ect on track the Council may want to set a special Council meeting for September 9th or 10t to review and award bids if the developers are successful in resolving their remaining issues. J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION RECEIVING BIDS FOR THE IMPROVEMENT OF PROJECT NO. 97-8 FOR CHESTERTON COMMONS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 190-97 , dated August 5, bids were received, opened and tabulated according to law with results as follows: Richard Knutson, Inc. Northdale Construction Burschville Construction $739,245.76 $742,793.19 $743,170.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Richard Knutson. Inc. as being the apparent low bidder. " MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of September , 19~, with voting in favor of voting Councilmembers the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk " -' '\ McCombs Frank Roos Associates, Inc, 15050 23rd Avenue NoI1h. P~. Minnesota 55447-4739 Telephone 612147&-e010 6121476.8532 FAX Engineers PlannelS Swveyore " August 29, 1997 HonOIable Mayor and Members of the City Council City of Andover 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304 SUBJECT: City of Andover Chesterton Commons Phase One Utility and Street Improvements City Project No. 97-8 MFRA #11670 Dear Mayor and Councilmemhers: I On Thursday, August 28, 1997, bids were received and opened for the Utility and Street Improvements on Chesterton Commons Phase One. A total of six bids were received, ranging from $739,245.76 to $801,847.16. The bid tabulation is forthcoming. The engineer's estimate is $713,310.00. The low bid is 3.6 percent higher than the engineer's estimate. The following tabulation are the bidders and their bids: 1. Richard Knutson, Inc. $ 739,245.76 2. Nonhdale Consttuction Company, Inc. $ 742,793.19 3. Burschville Construction, Inc. $ 743,170.50 4. Baroarossa and Sons, Inc. $ 773,276.50 s. Ryan Contracting, Inc. $ 776,143.00 6. GL Contracting, Inc. $ 801,847.16 Based on their satisfactory perfonnance on similar projects and the merit of their low bid, it is our recommendation the contract for this project be awarded to Richard Knutson, Inc. If you have any questions or need additional infomwtion, please contact me. Very truly yours, I McCOMBS FRANK ROOS ASSOCIATES, INC. RJi~ R. Jeff Elliott, P.E. \ RJE:pry .:'main,\11670\chcs8-29 An Equal opport~ Emilio,.... S00~ ;rnv~j Sll'lG:J:JN J'ldEI:~ U61 '6~ '~nv 8/~ 'd ZH3 'ON / " / " UJ ~ Q. I- o 10 UJ I a ~ a: . Il. OWCD zZI- I-Oz OUJW UJ"'~ "d:~ 0:1:0 a:CL. 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Box 159 Harris, Minnesota 55032 Phone: 674-4474 Richard Knutson, Inc. 12585 Rhode Island Ave. S. (0 Savage, Minnesota 55378 ,./ 73~J <.4 s;; , Phone: 612-890-8811 American Cast Iron P.O. Box 278 Savage, Minnesota 55378 Phone: 800-442-2347 U.S. Filter 15801 W. 78th Street Eden Prairie, Minnesota 55344 Phone: 937-9666 LaTour Construction ) 134 County Road 8 NW Maple Lake, Minnesota 55358 Phone: 320-963-5993 Burschville Construction P.O. Box 65 74-'3) 1"10,50 0 Hanover, Minnesota 55341 ,/ Phone: 497-4242 Nodland Construction P.O. Box 338 Alexandria, Minnesota 56308 320-763-5159 S. 1. Louis Construction 3032 County Road 138 Waite Park, Minnesota 56387 Phone: 320-253-9291 Minnesota Pipe & Equipment P.O. Box 250 Farmington, Minnesota 55024 Phone: 463-6090 Davies Water Equipment 4010 Lake Breeze Ave. N. , ylinneapolis, Minnesota 55429 I Phone: 553-2581 BID TABULATION PROJECT: Chesterton Commons I \\'NER: City of Andover DATE: August 28. 1997 FILE: 11670 Page 2 of3 ~ PLANHOLDER BID BOND AMOUNT COMMENTS C. W. Houle, Inc. 1300 West County Rd. I Shoreview, Minnesota 55126 Phone: 484-6077 Randy Kramer Excavating P.O. Box 498 Watkins, Minnesota 55389 Phone: 320-764-6871 Barbarossa & Sons P.O. Box 367 C2 Osseo, Minnesota 55369 /" 17"31 7.. 7c'oo Phone: 425-0797 Northdale Construction 14450 Northdale Blvd. ./" 74,-/,")3.1') G Rogers, Minnesota 55374 Phone: 428-4997 ~yan Contracting ;700-13th Ave. East 7 r'l 143. cP (3) Shakopee, Minnesota 55379 /' Phone: 894-3200 Northern Water Works 4124 83rd Ave. N. Brooklyn Park, MN 55443 Phone: 560-5200 Blake Drilling 10604 Radisson Rd. NE Blaine, Minnesota 55449 Phone: 780-9187 Redstone Construction P.O. Box 218 Morea, Minnesota 55051 Phone: 320-679-4140 Bauerly Brothers Company 4787 Shadow Wood Dr. NE Sauk Rapids, Minnesota 56379 Phone: 320-251-9472 Precision Pavement Marking 1754 Lyndale Ave. N. .v1inneapolis, Mn 55430 I Phone: 529-7820 e:mam:forrns:bidtab BID TABULATION \ JWNER: City of Andover DATE: August 28, 1997 FILE: 11670 PROJECT: Chesterton Commons 1 PLANHOLDER BID BOND AMOUNT COMMENTS Landwehr Construction P.O. Box 1086 St. Cloud, Minnesota 56302 Phone: 320-252-1494 R.P. Utilities P.O. Box 829 Annandale, Minnesota 55302 Phone: 274-3333 S. R. Weidema Inc. 17600-113th Ave. North Maple Grove, Minnesota 55369 Phone: 428-9110 Annandale Construction 6646 County Rd. 5 NW Annandale, Minnesota 55302 Phone: 320-274-8296 Kuechle Underground 20 Main Street N. Kimball, Minnesota 55353 Phone: 320-398-8889 Forest Lake Contracting 14777 Lake Dr. Forest Lake, Minnesota 55025 S.M. Hentges & Sons 650 Quaker Ave. Jordon, Minnesota 55352 Phone: 492-5700 Northern Dewatering 14405 Northdale Blvd. Rogers, Minnesota 55374 Phone: 428-2616 G. L. Contracting 9300 Willow Dr. 801 84-"7./~ ([) Medina, Minnesota 55340 / } Phone: 478-9529 , r Page 3 of 3 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE September 2.1997 AGENDA SECTION Discussion ORIGINATING DEPARTMENT Finance ~'\::)~ Jean D. McGann lITEM NO. ~ Discuss 1998 Property Tax Rates The Andover City Council is requested to adopt the preliminary 1998 proposed property tax levy to be certified to the County Auditor. As discussed at the Special Budget meeting on August 12, 1997 a property increase of 5% is calculated in the proposed levy certification. This increase includes the Street Overlay Program previously adopted by the City Council as well as the Public Works Facility. \ J The resolution included with this item is only a Proposed Property Tax Levy and must be certified to the County on or before September 15,1997. This levy amount may be reduced after September 15, 1997 but cannot be increased. As you are aware, the State of Minnesota has imposed Levy Limitations for 1998. The City of Andover has a Levy Limitation of$2,753,649.00 for 1998. The proposed Levy for 1998 is $2,620,709.00. If the City opted to impose the maximum levy, residents would see an approximately 31 % increase in their taxes. The following page shows a pie chart indicating how the 1998 Proposed Levy compares to the 1997 Actual Levy. At the September 16, 1997 City Council Meeting, the Council will be asked to set another Budget meeting. At that meeting Capital Outlay purchases and other line item details of the Budget will be discussed. The Andover City Council is requested to adopt the City of Andover 1998 Proposed Property Tax Levy by form of resolution. \ / \ / r (I) 4'0 < '< c: 0]0- 3 c: "C ~ .. c8'~o ~ ~ ~ ." c :; -<';j)> N' CD><Z (I) c. SU)>C :?.::s~ CD!!.m / ~~ ::0 -, (II ~ co co 00 ~ o -1iil ll> ll> >< ~ ~ :3" "U a "0 (I) ;:l. '< , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO -97 A RESOLUTION ADOPTING THE CITY OF ANDOVER 1998 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR AND ESTABLISHING THE PROPOSED BUDGET FOR THE GENERAL FUND. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy and budget prior to September 15, 1997. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 1998 property tax levy totaling $ 3,596,482, of which $ 3,101,799 is for general 'lperating purposes and is levied against all taxable property within the City of Andover, $16,629 is levied against property located within the Lower Rum River Watershed District for the City of Andover's share of costs of this organization and $478,054 is for the repayment of bonded indebtedness as follows: 1991 Fire Station Bonds 1994 Certificate of Indebtedness 1995 Certificate of Indebtedness Total $ 320,775 $ 33,445 $ 123.834 $ 478 054 BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the preliminary General Fund budget as follows: REVENUES Property Taxes License and Permits Intergovernmental Revenue Charges for Current Services Fines and Forfeits Miscellaneous Revenue ,Transfers J Total $ 2,833,275 359,215 896,137 483,600 41,300 189,284 171.000 $ 4.973.811 EXPENDITURES General Government Public Safety Public Works Other $ 1,570,573 1,599,174 1,634,132 169.932 Total $ 4.973.811 Adopted by the City of Andover this 2nd day of September, 1997. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: Victoria V olk - City Clerk J STATE OF MINNESOTA) \ COUNTYOFANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. -97 adopting the 1998 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this day of September, 1997. Victoria V olk - City Clerk / J CITY OF ANDOVER REQUEST FOR COUNCil ACTION \ DATE: Seotember 2, 1997 , I AGENDA SECTION ORIGINATING DEPARTMENT Staff, Committee, Commission ITEM NO. Appoint EDA Members and Set Terms q. Commnnity Development David L. Carlberg ~ Community Development Director The City Council is requested to officially appoint Economic Development Authority (EDA) members. The Council on August 19, 1997 interviewed three applicants for two positions on the EDA. The Council selected Robert Nowak and Bill Hupp to serve on the EDA with Gene Dudziak as an alternate. The Council will need to determine what term (1 year, 2 year, etc.) the newly appointed EDA members will serve. The Council may also wish to stagger the terms. \ / '\ J CITY OF ANDOVER REQUEST FOR COUNCil ACTION DATE: September 2. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Slow-No- Wake Update (Rum River) \0. Update On Wednesday, August 27 City staff along with representatives from the cities of Ramsey and Anoka took a boat tour of the Rum River to identify erosion sensitive areas. As you are aware, these areas may / be restricted to slow-no-wake speed. A total offive (5) areas were identified. At the next City Council meeting on September 16, staff will present a map and pictures of these areas for your review and comment. . , CITY OF ANDOVER REQUEST FOR COUNCil ACTION DATE: September 2. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Adopt Ordinance No. 229 Establishing a Park and Recreation Commission and Regulating Conduct in Public Parks \ \. The City Council is asked to review and approve Ordinance No. 229 - An Ordinance Establishing a Park and Recreation Commission and Regulating Conduct in Public Parks. j The Park and Recreation Commission has reviewed this ordinance and recommends a few changes as stated in the meeting minutes (July 23, 1997). Please review these minutes. , " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 229 An Ordinance repealing Ordinance No. 47 adopted August 23,1979, Ordinance No. 47A adopted November 7,1986, Ordinance No. 47B adopted February 17, 1987, Ordinance No. 47C adopted July 7,1987, Ordinance No. 47D adopted November 5,1991, Ordinance No. 47E adopted February 18, 1992, Ordinance No. 47F adopted July 2,1996 and Ordinance No. 47G adopted June 17, 1997. AN ORDINANCE ESTABLISHING A PARK AND RECREATION COMMISSION AND REGULATING CONDUCT IN PUBLIC PARKS; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENALTIES FOR VIOLATIONS. The City Council of the City of Andover hereby ordains as follows: Section 1. Creation of Park Commission. There is hereby created a Park and Recreation Commission. , A. Composition. The Park and Recreation Commission shall consist of seven (7) members whom are residents of the City. The members shall be appointed by the City Council by a majority vote. A member may be removed at any time by a majority vote ofthe City Council. B. Terms of Office. The Commission members shall be appointed for three (3) year staggered terms. Terms shall expire on January 1. Original and successive appointees shall hold their offices until their successors are appointed. Vacancies during a term shall be filled by the City Council for the unexpired portion of the term. C. Absences. Three (3) consecutive unexcused absences of a member from duly called Commission meetings shall constitute an automatic resignation from Office. Determination that an absence is unexcused shall be at the discretion of the Commission Chairperson. D. Compensation. All Commissioners shall serve with such compensation as established by City Council resolution. 1 E. Chai1:person. F. Meetings. G. Duties. , The City Council shall appoint a Chairperson from the appointed Commission members who shall serve a term of one (I) year. The Commission may create and fill such other offices as it may deem necessary for its own administration. The Commission Chairperson shall attend City Council meetings upon the request of the City Council. The Park and Recreation Commission shall hold regular meetings on the first and third Thursdays of each month. The Commission may hold as many additional meetings per month as the City Councilor Park and Recreation Commission may deem necessary. The Commission shall adopt rules for the transaction of business and shall keep a record of its resolutions and transactions. The Commission shall be responsible to the City Council for all property and programs relating to parks and recreation. The Commission shall be responsible for coordinating maintenance, improvements, upkeep and operation of all City parks. The Commission shall research and advise the City Council concerning parks and recreation programs. Fees and deposits shall be reviewed by the Commission on an annual basis and a recommendation made to the City Council. Section 2. City Park and Recreation Area Regulations. The use and occupancy of all City parks and recreation areas owned, rented and/or leased by and located in the City of Andover shall be subject to the following regulations: A. Abusive Language. B. Advertising. Selling and Solicitation. Persons engaged in offensive, obscene or abusive language or boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment will not be allowed. No advertising, unapproved selling or solicitation is allowed. An Exclusive Use Permit may be approved by the City Council and issued by the City Clerk for the selling of food, alcoholic or non-alcoholic beverages as established in City Council resolution. 2 C. Alcoholic Beverages. D. Burning. E. Firearms F. Gambling. G. Golfing. H. Hours. ; 1. Operation of Motor Vehicles. \ Consumption or possession of alcoholic beverages is not permitted unless a permit is obtained under Section 2(E). It shall be unlawful to build or attempt to build a fire except in areas designated for such purpose. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco, paper or other flammable material. No firearms (as defined by City Ordinance), or explosives shall be present or used unless approved by City Council. Gambling shall not be allowed. No person shall be allowed to golf or practice golf. City parks and recreation areas shall not be occupied or used nor may any motor vehicles be parked therein between 11 :00 p.m. and 6:00 a.m. except: 1. When participating in an activity for which a permit has been granted by the City. 2. Red Oaks Park will be open from sumise to 10:00 p.m. No person shall ride or drive a vehicle at a rate of speed exceeding that posted in City parks or fifteen (15) miles per hour. Drivers shall confine the operation of any motorized vehicle to roads, parking areas, or other specifically designated as a temporary parking area by the City Council and/or their designated representatives. It shall be unlawful for any self-propelled vehicle, including but not limited to motor vehicles as defined in Minnesota Statute, Chapter 169, other self-propelled vehicles, go-carts, and snowmobiles, to travel within City parks or recreation areas, except on established roadways, trails, or other areas designated for such purpose. 3 , J. Park Property. It shall be unlawful to mark, deface, disfigure, injure, / tamper with or dispose or remove any buildings, bridges, playground equipment, tables, benches, fireplaces, railings, paving or paving materials, public utilities or parts or appurtenances thereof, signs, notices (temporary or permanent), monuments, stakes, posts, equipment, facilities or park property or appurtenances, whatsoever either real or personal. K. Pets and. All domestic animals (such as dogs, cats and similar Animals. animals) must be kept leashed or under control. Pets that are on or adjacent to athletic fields must be leashed. Owners are required to clean up and dispose of their pet's excrement. No domestic animals shall be allowed on or within the following City Parks at any time: 1. Sunshine Park. 2. City Hall park Complex #1. Horses shall be allowed only in designated areas. " I No person shall hunt, molest, harm, kill, trap, chase, tease or throw missiles at any animal, reptile or bird. No person shall remove or have in possession the young of any wild animal or have the eggs or nest or young of any reptile, mammal or bird; exception to the foregoing is made in that snakes known to be poisonous, such as rattlesnakes and/or other hazards to human safety may be killed or removed. L. Play Areas. No person or persons shall engage in racing or playing of any games which interferes with the general use of designated play areas. This shall be construed, but not limited to prohibit the use of sleds, toboggans, snowmobiles on any skating rinks, or other such conflicts of use. M. Protection of It shall be unlawful to remove, cut or otherwise deface ~ any tree or ground cover without consent from the Commission and written permission from the City Clerk. / 4 N. Signs. It shall be unlawful to post any sign, placard, advertisement or inscription, or cause to be erected, any sign unless approved by the City Administrator or their designee. J It shall be unlawful for any person to interfere with the Park and Recreation Commission or their appointed representatives in the performance of their duty. Section 3. Validity Clause. If any section, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, any section, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subdivisions, sentences, clauses or phrases be declared unconstitutional. Section 4. Penalty. Any person, firm or corporation violating any of the provisions as stated in this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished in accordance to State law. Adopted by the City Council of the City of Andover on this 2nd day of September, 1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk 1. E. McKelvey, Mayor J 5 Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 1997 Page 9 / ORDINANCE REVIEW - ORDINANCE NO. 45, REGULATING SALE OF CIGARETTES Mr. Johnson explained this ordinance will be updated. There have been recent changes in the laws regulating the sale of cigarettes which will be included in the updated ordinance. Staff will do more research on - that and bring the item back for consideration. ORDINANCE REVIEW - ORDINANCE NO.. 4 (;, REGULATING SWIMMING POOLS Mr. Johnson explained the Building Official will be reviewing this ordinance in conjunction with the Building Code. Some of the lar.guage will need to be updated. This will be brought back for consideration when it is updated. @ ORDINANCE REVIEW - ORDINANCE NO. 47, REGULATING PARK COMMISSION Mr. Johnson stated this ordinance will be given to the Park and Recreation Commission to see if there is anything they want to review. There will be some language changes, but he does not anticipate any major changes. He also noted that a task force will be established to review and recommend changes to the Zoning Ordinance. Both the Comprehensive Plan and the Zoning Ordinance must be updated by the end \ of 1998. I OTHER BUSINESS Busing - Commissioner Barry thought there was new legislation on bussing children with regard to the distance from schools. It could affect the foot traffic to the schools. Mr. Hinzman stuted he was not aware of it but would check into it. May 20 City Council Meeting - Mr. Hinzman reviewed the actions of the City Council taken at their May 20 regular meeting. He also reminded those Commissioners on the Comprehensive Plan Task Force of a meeting scheduled for Thursday, May 29, 1997. MOTION by Luedtke, Seconded by Barry, to close the Planning and Zoning Commission -meeting. Motion carried on a 5 - Yes, 2 -Absent (Squires, Wells) vote. The meeting adjourned at 9:02 p.m. , Respectfully E.1!bmi..t.t..~ )\~~~~L Mar lla A. Peach Recor ing Secretary Regular Park and Recreation Commission Meeting Minutes - July 23, 1997 Page 4 I (Review Quotes/IP97-25/Fencing, Continued) MOTION by Anderson, Seconded by Lindahl, to reject the quote and ~sk the City Council to rebid it as a public bid. Motion carried unanimously. 1998 PARK CAPITAL IMPROVEMENT BUDGET, CONTINUED Mr. Haas reported the Council will be meeting on August 12 to start looking at the preliminary budget numbers. He suggested Chairperson O'Toole be there to represent the Park Board. Also, the City did not get the grant for the next phase of Kelsey-Round Lake Park. He asked if the Commission would like to spend some funds on that park anyway. The Commission suggested an application be made again next year for a grant for Kelsey-Round Lake Park. They also asked for a map of the park and what has already been constructed. They agreed with the proposed budget of $100,000 for capital improvements plus $100,000 for Kelsey- Round Lake Park. (i) REVIEW ORDINANCE NO. 47 REGULATING PARKS J The Commission reviewed Ordinance No. 47 and made the following comments and suggestions: * Section 1, 1.1, B: last line, change ". ..be in the discretion..." to "...be at the discretion. .." * Section 2,2.4, A: change to, "Domestic or exotic animals (ar!imals commonly kept for pets, such as dogs, cats and similar animals) shall not be allowed on or within the following City Parks ~t any time: . . . " * Section 2, 2.11: Commissioner 0' Toole felt that self -propelled vehicles should not be allowed in any parks or on any trails. As worded, it sounds like they are allowed on some trails or parks. He also noted the issue of snowmobiles with metal traction devices was discussed at the July 15 City Council meeting. He thought the intent was to keep snowmobiles off the paved trails entirely. Will the trails be kept open for walks during the winter? Mr. Haas stated the ordinance does not allow snowmobiles within the parks themselves. The trails can be kept open for walkers in the winter if the Commission desires. The Commission felt this section should be reworded to first stat~ what is not allowed and then state the alternative. It is confusing as written. Mr. Haas stated he will discuss this further with the Planning Department. J * Section 2, 2.12, A: Because there are no campgrounds or designated camp sites in the City, the Commission felt this item should be deleted and Items Band C be relettered to A and B respectively. Regular Park and Recreation Commission Meeting Minutes - July 23, 1997 Page 5 / (Review Ordinance No. 47 Regulating Parks, Continued) * The Commission asked that a section be added to the ordinance which prohibits golfing in the parks. CHAIRMAN'S REPORT Donation to cushmon: Commissioner Grabowski asked organizations have contributed to the cushmon. The baseball and all three soccer associations should be approached. Mr. he will check into it. if other association Haas stated Outside security lights at the Concession Building: Commissioner Grabowski noted those lights have not yet been replaced, though he understands the Public Works Department is very busy because of the damage from recent storms. Mr. Haas stated he will check into it further. Bituminous bid the plans and Sunshine Park. completed. for Sunshine Park - Commissioner Grabowski asked to see specifications for the bituminous work and trails in Mr. Haas stated he will show them as soon as they are '. update on activities: Mr. Haas updated the Commission on the progress of the trails along Bunker Lake Boulevard and the planting of trees along those trails as proposed by the City'S forester. MOTION by Anderson, Seconded by Kieffer, to adjourn. unanimously. Motion carried The meeting adjourned at 9:00 p.m. Respectfully submitted, y';~~L Recording Secretary , Regular Andover Park and Recreation Commission Meeting Minutes - August 7, 1997 Page 4 (Anoka Area Arena presentaiton, Continued) constructed entirely by volunteers, though they had to take out a mbrtgage for the second one. The arenas now host hockey teams and tournaments, figure skating, intramural athletic activities for high school, spring indoor soccer and is in the process of developing an in- line hockey league. Of the three area communities served, the greatest percentage of participants are from Andover. Ice time is totally sold out, and the other activities are expanding. Mr. Hanicher noted it i~ a struggle to continue to meet the mortgage payments, which are expected to be paid off in six years. He asked that anything the City could do to assist them to offset expenses would be helpful. The City of Ramsey is helping, and the City of Anoka will try to cut service costs. A suggestion for Andover would be to plow the snow around their building, but they are open to any ideas to relieve the monthly stress of meeting their financial obligations. Discussion with the Commission was on the hourly rate for ice time. Mr. Hanicher stated the rate is $95 per hour for off peak times and $105 for peak times, which is low compared to other rinks. The high school pays about $80 per hour, but it is a flat fee the beginning of the year, plus a percentage of the games. They do raise rates periodically and would do so as a last resort, but their preference is to stay on the low side of other arenas. Many of the families using the rink have volunteered time and money in building the arenas, so they do not want to over \ burden those families. At the moment no one wants to think about adding / a third arena; however, it seems likely that the demand will warrant one in the near future. That one may not necessarily be at the same location. Locating in Andover may be a consideration. (Commissioner Anderson left the meeting at this time, 8:35 p.m.) After Mr. Hanicher left, the Commission continued to discuss the request. Commissioner Lindahl had a concern with a financial contribution because it sets a precedent, and the City is in three other school areas. Also, Andover budgets a considerable amount to support its own outdoor hockey rinks. Possibly some of the donations from the Lions Club could be earmarked for the Anoka Arena. Commissioner Grabowski agreed, or having the City allocate so many hours a year of snow plowing as a courtesy. Another option would be for them to increase the hourly rate for the high school. The other Commissioners generally agreed that a donation should not come from the Park budget, but they would favor courtesy snow plowing of the arena's parking lot. There was no further discussion. @ REVIEW ORDINANCE NO. 47 Mr. Haas stated the ordinance before the Commission has been revised based on the comments from the July 22 meeting. Chairperson O'Toole wondered if something must be added because of the trails, what is or is not allowed such as the speed of bikes, outlawing motorized vehicles, - . "~-"'---"- ."-..- .."-..--.--- .. ~:~_~__;':--"_""';',~;,:_~;"'.!.-~;;..~""_~ -;i.- >::;,~;_ _:'. ._. -' ~,. .. ........~~,.~..,..-:..:...........:,....,..".-....................,"'._.-~-=........~".-..._-,.....,~,; .......,. Regular Andover Park and Recreation Commission Meeting Minutes - August 7, 1997 Page 5 (Review Ordinance No. 47, Continued) etc. Mr. Haas stated motorized vehicles are not allowed per the ordinance. That provision has been clarified in the draft before the Commission. " The Commissioners discussed the pros and cons of having a speed limit for bikes on the trails. Mr. Haas stated the trails will be posted with stop signs, curves, blind intersections, etc., just as the DNR is doing on its trails. The Commission suggested Mr. Haas contact other cities that have trails and the county to see what they are doing. There were no further changes recommended. Mr. Haas stated he will de some research on guidelines for trails and bring the item back to the next meeting. CHAIRMAN'S REPORT Hills of Bunker Lake Park - Commissioner Blackstad asked if the issue around the pond has been resolved. Mr. Haas reported he has not yet been able to do anything with that issue. Chairperson O'Toole stated someone called about a fence that is constructed down to the pond. Mr. Haas stated he will check into it, though the property line may go that far. " J Moving of trees along Hanson Boulevard - Commissioner Blackstad noted when the City moved some of the trees along the Hanson Boulevard/Coon Creek trail, they drove across a person's yard and almost ran over a sprinkler system. Mr. Haas explained the attempt was to screen the trail for the property owners. They did receive waivers to go onto private property. He thought the entire effort went well. Trails - Commissioner Grabowski related an account of a person who was not in favor of the trail along Bunker Lake Boulevard; but now that ic is tarred, feels it is good for the neighborhood. Cushmon - Commissioner Grabowski urged Mr. Haas to contact the baseball and soccer associations for their contribution toward the Cushmon. Mr. Haas agreed. July concession - Commissioner Grabowski stated he received a copy of the concession sales for the month of July, which totaled about $7,000. The City gets 10 percent, plus the base rent. He felt an option to increase sales would be to ban bringing in food and drink. He especially worried about bringing in glass containers. No action was taken on this suggestion. Dogs in the Ci ty Hall parks Commissioner Blackstad reported an incident of a woman bringing her dog to the park even though she knew it was not allowed. Mr. Haas suggested the Sheriff's Department be contacted in those instances. Commissioner Grabowski stated he usually gives a warning the first time. He felt the situation may get better when the signs are installed. CITY OF ANDOVER REQUEST FOR COUNCil ACTION DATE: September 2. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance Summary Ordinance No. 223 Scenic River Ordinance 'd. The City Council is asked to review and approve the attached ordinance summary of Ordinance No. 223 (An Ordinance for the Controlling of Bluffland and Riverland Development in Order to Protect and Preserve the Scenic, Recreational, Natural, Historical, and Scientific Values ofthe Rum River). The \ City Council approved this ordinance at their August 19, 1997 meeting. , I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 223 SUMMARY AN ORDINANCE FOR THE CONTROLLING OF BLUFFLAND AND RIVERLAND DEVELOPMENT IN ORDER TO PROTECT AND PRESERVE THE SCENIC, RECREATIONAL, NATURAL, HISTORICAL, AND SCIENTIFIC VALUES OF THE RUM RIVER IN THE CITY OF ANDOVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy The purpose of this ordinance is to: 1) Establish a Scenic District along the bluffland and shore land of the Rum River as required by the Management Plan for the Rum River. 2) Regulate within the Rum River District, a land use district, the area of lot, and length ofbluffland and water frontage suitable for building sites. 3) Regulate the setback of structures and sanitary waste treatment facilities from blufflines and shorelines to protect the existing and/or natural scenic values, vegetation, soils, water quality, floodplain areas, and bedrock from disruption by man-made structures or facilities. 4) Regulate alterations of the natural vegetation and topography. 5) Maintain property values and prevent poorly planned development. 6) Conserve and protect the natural scenic values and resources of the Rum River and to maintain a high standard of environmental quality. 7) To comply with the Minnesota State Statutes and the Management Plan for the Rum River. Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designees along with the Commissioner of Natural Resources shall have the authority to enforce the provisions ofthis ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement, covenants or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions ofthis ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. \ A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this 2nd day of September, 1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor , \ CITY OF ANDOVER REQUEST FOR COUNCil ACTION DATE: September 2. 1997 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Amended SUP 97-12 Bulk Storage of Liquid Fuels 1 440 Bunker Lake Boulevard NW Anoka County Highway Dept. John Hinzman, l' wW City Planner \3. Request . / The City Council is asked to review the amended special use permit request of the Anoka County Highway Department to to replace three 12,000 gallon, and three 10,000 gallon underground storage tanks with two 12,000 gallon underground storage tanks on property located at 1440 Bunker Lake Boulevard NW (pIN 35-32-24-32-0001 & 35-32-24-31-0001) legally described in the attached resolution. Planning and Zoning Commission Action The Planning and Zoning Commission recommended approval of the amended special use permit at the August 12, 1997 meeting. Please consult the attached staff report and minutes from that meeting for more information. , \ , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION AMENDING SPECIAL USE PERMIT SUP 83-2 RELATING TO THE BULK STORAGE OF LIQUID FUELS FOR THE ANOKA COUNTY HIGHWAY DEPARTMENT PURSUANT TO ORDINANCE NO.8, SECTION 4.26 ON PROPERTY LOCATED AT 1440 BUNKER LAKE BOULEVARD NW (PIN 35-32-24-32-0001 AND 35-32-24-31-0001 ). WHEREAS, The Anoka County Highway Department has requested an Amended Special Use Permit to allow for the replacement of three 10,000 gallon, and three 12,000 gallon under ground storage tanks with two 12,000 gallon underground storage tanks pursuant to Ordinance No.8, Section 4.26 on property located at 1440 Bunker Lake Boulevard NW, legally described as follows: ~ '\ I The north half of the Southwest Quarter of Section 35 Township 32 Range 24 Anoka County Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 4.26; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following conditions: 1) That the applicant shall provide to the City, in writing, proof that the tanks meet all State and Federal requirements and installation regulations. , / 2) That the Andover Fire Marshall inspect tank removal and installation. , / , Page Two Amended SUP - Storage of Bulk Liquid Fuels Anoka County September 2, 1997 3) That the Amended Special Use Permit be subject to a sunset clause as stipulated In Ordinance No.8, Section 5.03 (d). 4) That the Amended Special Use Permit shall be subject to annual review. Adopted by the City Council of the City of Andover on this 2nd.day of September, 1997. CITY OF ANDOVER A TrEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk , / ,- -' .. .' . . . ,- . . '; .' .. - '.' '\ / CITY of ANDOVER' egular Planning and Zoning Commission Meeting - August 12, 199i Minutes The Regular Bi-monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairman Randy Peek at 7:03 p.m., Tuesday, August 12, 1997 at the' . Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN. Commissioners Present: Barry, Wells, Gamache, Apel Commissioners Absent: Luedtke, Squires Also Present: Jeff Johnson, Zoning Administrator; John Hinzman, City Planner; . Others "- ." .. ~'. . Mr. Hinzman informed the Commission that Item 3, Public Hearing for a Rezoning'. '. . requested by Craig and Ruth Kostelecky, Item 4, Public Hearing for a lot split requested. by Craig and Ruth Kostelecky and Item 7, Public Hearing for an Amended Special Use .' Permit requested by William Wadzink have been withdrawn. . \ Approval of Minutes - July 22, 1997 .... . . Motion by Wells, seconded by Gamache to approve the minutes of July 22, 1997 as .:'.i' . presented. Motion carried on a 4 yes, I abstain (peek) vote. . . . . .:.. .j-PUblic Hearing: Amended Special Use Pennit/Anoka County Highway Dept, Mr. Hinzman reviewed the Amended Special Use Permit request of the Anoka County . Highway Department to replace three 12,000 gallon tanks and three 10,000 gallon . '. . . underground storage tanks with two 12,000 gallon underground storage tanks locate~ at 1440 Bunker Lake Boulevard. Mr. Hinzman noted the applicable ordinances, and also '. . . indicated that the stored underground fuel would decrease from 66,000 gallons to 24,()OO gallons. Mr. Hinzman stated that staff recommends approval with the following conditions: 1)' that the applicant provide to the city in writing. proof that the tanks meet all State and Federal requirements and installation regulations; 2) that the Andover fire marshal inspect the tank and its installation; 3) that the amended special use permit be subject to the sunset clause; and 4) that the amended special use permit shall be subject to annual review. J Commissioner Apel asked if the amended special use permit is for a change of location. Mr. Hinzman replied yes, the original special use permit for the tanks was issued in 1983. . .' '. ,.'. Regular Planning Commission Meeting August 12,1997 - Minutes Page 2 , J (public Hearing/ Amended Special Use Permit/ Anoka County Hwy. Dept., Cont.) MOTION by Wells, seconded by Gamache to open the public hearing. Motion carried unanimously. (No one appeared for this item) MOTION by Gamache, seconded by Wells' to close the public hearing. Motion carried unanimously. MOTION by Wells, seconded by Gamache that the Andover Planning and Zoning Commission forward to the City Council the resolution prepared by staff recommending approval of the request of the Anoka County Highway Department to amend a special use permit relating to the bulk storage of liquid fuels on property located at 1440 Bunker Lake Boulevard with the four conditions as recommended by staff. Motion carried unanimously. ublic Hearing: Amended Special Use Permit/Beck's Auto on reviewed the request of Raymond Beck, Beck's Auto for an amended special . t to provide for the exterior storage and screening of vehicles on the property at 13585 sh Street NW, which is located in the Andover Commercial Park. Mr. Johnson note the applicable ordinances and explained that the original special use permit was gran d on August 16,1994. He also noted that Mr. Beck has asked that condition 5 in the 0 . . al resolution (no outside storage of parts or vehicles after the close of business each ay) be amended. Mr. Johnson explained that Mr. Beck is requesting to expand the xisting parking lot in the rear of the building and provide a secure parking area for his stomers' convenience. This parking area would accommodate up to 10 vehicle which may be stored overnight. The area would be screened with a six foot high soli wood fence so the exterior storage would not be visible from adjacent properties. Chairman Peek stated that it was his belie at outside storage in the commercial park would be limited. Mr. Johnson noted that h eviewed other Special Use Permits that have been granted over the last three years. An over Collision's permit states that at the end of each business day vehicles shall be kept ins e or fully screened. There were several other permits that contain the same language Mr. Beck's. There was also a special use permit granted to Bob Bendtsen that contain the same language as Andover Collision's. Commissioner Wells asked if there h e been any complaints about the business. Mr. Johnson noted that there have been 0 e or two; however, no one has stopped at City Hall to complain. / Chairman Peek stated that he drove through the commercial park tonight and everyone has vehicles stored outside. It looks like we're not enforcing anything. MOTION by Wells, seconded by Barry to open the public hearing. Motion carried. , ) CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION DATE August 12, 1997 AGENDA ITEM ~. Public Hearing: ASUP 97-13 Bulk Storage of Liquid Fuels 1440 Bunker Lake Blvd. NW Annlr'1. Conntv U. , U^U Dp.nt ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA John Hinzman BY: C'it,,~' BY: Request The Planning and Zoning Commission is asked to review the Amended Special Use Permit request of the Anoka County Highway Department. to replace three 12,000 gallon, and three 10,000 gallon underground storage tanks with two 12,000 gallon underground storage tanks on property located at 1440 Bunker Lake Boulevard NW (pIN 35-32-24-32-0001 & 35-32-24- 31-0001) legally described in the attached resolution. The property is zoned R-l, Single Family Rural. , Applicable Ordinances Ordinance No.8, Section 4.26, establishes the criteria for a Special Use Permit for all uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids. Ordinance No.8, Section 5.03, regulates the Special Use Permit process as well as the Amended Special Use Permit process and outlines the following criteria for review: 1) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on values of property and scenic views in the surrounding area. 4) The effect of the proposed use on the Comprehensive Plan. Adjacent Zoning and Land Use , J All property within 350 feet of the proposed fueling facility is owned by An6ka County. Page Two ASUP 97-12, Anoka County 1440 Bunker Lake Blvd. NW August 12, 1997 Background Anoka County proposes to establish a central fueling location for the Highway and Parks Departments in Andover. The new facility would be located on the south side of the access drive, east of Hanson Boulevard. Gasoline and diesel fuels would be dispensed on the site. The current tanks were installed via a special use permit issued in 1983 (SUP 83-2). General Review The proposed location would be buffered by dense woods and existing structures on the 80 acre Anoka County site. Over 700 feet separate the site from the nearest residential structure, and the facility would not be visible to surrounding property owners. Stored underground fuel would decrease fuel from 66,000 gallons to 24,000 gallons. The Andover Fire Marshall has reviewed the proposed plans. Commission Options 1. The Planning and Zoning Commission may recommend to the City Council approval of the Amended Special Use Permit request of the Anoka County Highway Department on property located at 1440 Bunker Lake Blvd. NW legally described on the attached resolution. The Commission finds the request meets the requirements of Ordinance No.8 2. The Planning and Zoning Commission may recommend to the City Council denial of the Amended Special Use Permit request of the Anoka County Highway Department on property located at 1440 Bunker Lake Blvd. NW legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinance No.8. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. Staff Recommendation Staff recommends approval of the Amended Special Use Permit requested with the following conditions: 1) That the applicant shall provide to the City, in writing, proof that the tanks meet all State and Federal requirements and installation regulations. \ Page lbree ASUP 97-12, Anoka County 1440 Bunker Lake Blvd. NW August 12, 1997 2) That the Andover Fire Marshall inspect the tank and its installation. 3) That the Amended Special Use Permit be subject to a sunset clause as stipulated In Ordinance No.8, Section 5.03 (d). 4) That the Amended Special Use Permit shall be subject to annual review. Attachments A-I Resolution A-2 Area Location Map A-3 Site Location Map A-4 Site Plan A-5 Amended Special Use Permit Application A-6 Notice of Public Hearing , , / B I I I , , , I I I I , , , I , , , I , I I I / , I I I , , , , , I , I f ~i I I I I I I I , , , I , , I l. .J ...._...................._..u......_............. ". ......_..._.... "~I I . I I." I PJlIM.,... W! Alii! 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(812) 755-5100 ~L~L~ SPECIAL OSE PERKIT Property Address 1440 Bunker Lake Blvd. Legal Description of Property: (Fill in vhichever is approp;iate): Lot Block Add! Hon PIN 35 32 24 32 OOOl (If metes and bounds, attach the complete legal description. ) Is the property: CAb5trac:~ X or Torrens 1 (This information must be provide~ can be obtained from the county. ) ----------------------------------------------------------------- Reason for Request Upgrading UST fueling facility to meet new federal requirements. Consolidating Anoka County fueling facilities. , , Section of Ordinance ~/5@:::,I, 4/;;)(. Current Zoning R-l Single Family Rural Name of Applicant Address County of Anoka, Highway Department 1440 Bunker Lake Blvd., Andover, MN Signature Business Phone (612) 754-3520 Date 7//0/q7 I I --------------------------------------------------- Property Owner, (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date - ----------------------------------------------------------------- ...J " CITY of ANDOVER . / .1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 . CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA NOTICE OF PUBLIC ~ARING The Planning and Zoning Commission of the City of Andover will hold apublic hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tu. esday,Augu.st 12, 1997 at . . Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minrtesota to review the amended special use permit request of the AnokaCountyHighway Department to upgrade and consolidate undergroimd storage tanlc facilities at 1440. Bunker Lake Boulevard NW(PIN 35-32-24-32-0001& 35-32~24-31-0001) legally described as follows: . The north half of the Southwest Quarter of Section 35 Township 32 Range 24 Anoka County Minnesota All written and verbal comments will be received at that time. A copy of the application will be available for review prior to the meeting at City Hall. ,[:e.:_ -' tiLL Victoria V olk, City Clerk Publication dates: August 1,1997 August 8, 1997 J P~: 343224140002 UNITED POWER ASSOCIATION 1657 BUNKER LAKE BLVD NW , -;OVER MN 55304 / P~: 343224140003 UNITED POWER ASSOCIATION ELK RIVER MN 55330 P~: 343224410004 MURPHY OIL USA ~C 200 PEACH STPO BOX 7000 ELDORADO AR 71730 P~: 343224410006 STREICH ROGER D & DARLENE A 13024 CR LK BD NW COON RAPIDS MN 55433 P~: 343224410008 KOTIKES BUS SERVICE ~C 13625 JAY NW ANOKA MN 55304 P~: 343224410011 ABC MINI-STORAGE, INC 13625 JAY NW ANDOVER MN 55304 PIN: 343224440007 RUNKE JAMES E & MARGAREI' E 7320 152ND LN NW ANOKA MN 55304 P~: 353224130002 ANOKA COUNTY 2100 3RD AVE ANOKA MN 55303 PIN: 353224130007 HARRIS EDDIE J 13754 WINTERGREEN ST NW ANDOVER MN 55304 P~: 353224130008 Y AMAUCm CRAIG L & SHELLEY M 13740 WINTERGREEN ST NW ANDOVER MN 55304 " , PrN: 353224130024 S~CLAlR IAN D & SANDRA A 1160 1371H LN NW ANDOVER MN 55304 P~: 353224230005 SUPERAMERICA GROUP ~C 3499 DANEY DR LEXINGTON KY 40512 p~: 353224230008 GUST KENNETH J & MELANIE A 1400137THLNNW ANDOVER MN 55304 P~: 353224230009 ED VENSON JEFFREY A 1416 137TH LN NW ANDOVER MN 55304 D~: 353224230010 ",OITOWICZ MARK E & BELINDA J 14261371HLNNW \NDOVER MN 55304 P~: 353224230011 PENN DAN W & BEVERLY E 1430 137TH LN NW ANDOVER MN 55304 .,~: 353224230012 'QUIRES JAY T & TONI L 425 137TH LN NW \NDOVER MN 55304 P~: 353224230013 LAFOND RICHARD J & LINDA L 1415137THLNNW ANDOVER MN 55304 '~ '1224230045 m.L~ INC 0738 HANSON BLVD 'OON RAPIDS MN 55433 PIN: 353224240002 ANOKA COUNTY OF 2100 3RD AVE ANOKA MN 55303 P~: 353224240007 MEAD CRAIG A & KRAMASZ MARY E 1368 137TH LN NW / 'OVERMN 55304 , .' P~: 353224240008 HOLTZ RANDY L & KATHLEEN M 1356 137TH LN NW ANDOVER MN 55304 P~: 353224240009 GREINER MICHAEL & MELANIE 1344 137TH LN NW ANDOVER MN 55304 p~: 353224240010 HAM SUSAN K 1332 137TH LN NW ANDOVER MN 55304 P~: 353224240011 RACHEL JANET M & OLSON LORNA M 1320 137TH LN NW ANDOVER MN 55304 P~: 353224240012 KESSLER GREGORY J & TRACEY L 1308137THLNNW ANDOVER MN 55304 p~: 353224240013 SPANNBAUER JAMES & BARBARA 1296137THLNNW ANDOVER MN 55304 p~: 353224240014 ROECKLE~ THOMAS E & CAROL A 1284 137TH LN NW ANDOVER MN 55304 p~: 353224240015 DIXON DOUGLAS D 13753 ZILLA ST NW ANDOVER MN 55304 '\ P~: 353224240016 RUFFCORN RONALD K 13761 ZILLA ST NW ANDOVER MN 55304 .' p~: 353224240021 MEYER HENRY C & JULIA K 13760 YELLOW PINE ST NW ANDOVER MN 55304 P~: 353224240022 F1TZ TODD H & MARIA A 13746 YELLOW PINE ST NW ANDOVER MN 55304 P~: 353224240023 DORSO A M & LUBRECIIT L M 13747 YELLOW PINE ST NW ANDOVER MN 55304 P~: 353224240024 PEDERSEN D J & ELIZONDO P K 13761 YELLOW PINE ST NW ANDOVER MN 55304 PIN: 353224240036 \1ELLEM TODD L & KIM M 13760 ZILLA ST NW ANDOVER MN 55304 P~: 353224240037 PASTOR SHANNON & CHRISTINE 1315 137TH LN NW ANDOVER MN 55304 ~~: 353224240038 ~ILIENTIIAL JOHN L & WANDA M 1329 137TH LN NW \NDOVER MN 55304 P~: 353224240039 ROUSS~ JAMES L & NANCY G 1343 137TH LN NW ANDOVER MN 55304 , , ~lJ' '3224240040 r AFro' ONNIE JR & JULIE M :357137THLNNW \NDOVER MN 55304 P~: 353224310001 ANOKA COUNTY OF 550 BUNKER LK BLVD ANDOVER MN 55304 p~: 353224320001 ANOKACOUNTYOF 2100 3RD AVENUE ". '<A MN 55303 / p~: 353224330001 ANOKA COUNTY OF 21003RDAVE ANOKA MN 55303 p~: 353224340001 ANOKACOUNTYOF 2100 3RD AVE ANOKA MN 55303 p~: 353224420002 ANOKACOUNTY 2100 3RD AVE ANOKA MN 55303 p~: 353224430004 BURL~GTON NORTIIERN ~C TAXDEPT - 4TH FLOOR 1700 EAST GOLF RD SCHAUMBURG II. 60173 CITY OF ANDOVER REQUEST FOR COUNCil ACTION \ OA TE: September 2 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Adopt Ordinance No. 30A (Repeals Ordinance No. 30) \4. REQUEST \ The City Council is asked to adopt Ordinance No. 30A. As proposed, this ordinance (An Ordinance Providing for the Reimbursement of Consultant Fees Associated with Developments or Proposed Developments) would be deleted. / Finance staff has reviewed this ordinance and has contacted the League of Minnesota Cities. It came to a conclusion that this ordinance is not needed. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 30A AN ORDINANCE TO PROVIDE FOR THE REIMBURSEMENT OF CONSULTANT FEES ASSOCIATED WITH DEVELOPMENTS OR PROPOSED DEVELOPMENTS. The City Council of the City of Andover hereby ordains: Ordinance No. 30 is hereby amended as follows: Ordinance No. 30 adopted September 3, 1975 is hereby repealed. Adopted by the City Council of the City of Andover on this 2nd day of September, 1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor _0 ORDINANCE NO. 30 '\ CITY OF ANDOVER ANOKA COUNTY STATE OF HINNESOrA AN ORDINANCE TO PROVIDE FOR TilE REUlBURS~HWl' OF CON:;ULTAlfC FEES ASSOCIATED WITH DEVELOI"HENTS OR PROPOSED DEVELOPMENTS. TIlE AllDOVER CITY COUNCIL DOES H1mEBY ORDAIN: DEFINITIONS: . / (a) "Q\.'ner" Cleans any person, firm or corporation. (b) "Consultant FecG" Ineans any c1.ar[;es billed to the City of Andover for services performed by the Andover planner, enGineer, :md attorney; exclusive of services pCrron:1ed as p",rt or the consultants' nOl'nlal rptainer or by sj'cc!(I1 agrcr.mcnt bclt:r:(>n the City of ;,ll<'cwer ,lOd its ccn!'ull.1i'lts. (c) "Development" r;'ctlns any rczoninr" fiuh.Jivi,;Scn, spec!"l uric rcn~it, vnri.,nce, bllilding addition, or chnnge in !;ite plnn; or proposcd rcznn!ng, subdivision, special use permIt, vurinnce, building addition, or chnngc in pite plan. E5Tl.r.!.lSIIHE1IT or FEi-:S. Any o\.:ner that causes the City" of Andover Lo ">:pend monies for consult.,nl rees on behnl f of, or on account of, that owner, associated ylth a development or proposed de~eloprncnt, shall reimburse the City of Andover for the actual consultant feco expended by the CiLy (Ill 1>('h.'11r, or on ~CC(lunt of, ~aid ot.;ner. ESCRmi fUND. The O\~ner GhClll depo,it 11ith the City of Anuover an nmount, 8S determined by the City l\dministrator, necessary to cover the totR1 consultant services a~sociotcd with the development or proposed development prior to the performance of any such services by Andover's employed cnnsult<lnts. However, if n dcvelopmcnt or propo~cd clc....clnpm(.nt f111d lhe re1nted con9ultnnt review is anticipnted to span B period of timc in excess of ninety (90) d::JYc, the m;ucr tl1 11 on 1y be expcc ted to uerns it a sum, as detennined by the City Administrator. neces9ary ror the City to pay consul"tant fees for ninety (90) days. The owner will then be expected to maintain the escrow rund at a balance equal to one-thIrd (1/3) of the original amount deposited. .' . , o "\ , .---. ,:" The City of Andover yill from time to time provide an itemizcd 8 tatement to the owner shot~ing him the City cxpenditures for consul tDnt services associated with his developmcnt together with the current balance in his escrow fund. This statcmcnt yill be providcd if additional funds nre required to maintain the established level. The owner shall reimburse the escroy fund for nny deficits caupcd if the amount 8ctunlly exrendcd or billed to the City e~ceeds the escrow balance. The City of Andover shall refund any monies dcpositcd in the eGcrow fund not expended for consultant fees yithin thirty (30) days nfter comrletion of a consult:mt's services nssociated with the development or proposed development. The City of Andover shall not pny interest on the Donies deposited in the escrot.: fund. PENAl.TY. Any persons violating any provision of this ordinilnce shall be guilty of a misdeme.:tnor. and upon convic t ion thereof sha 11 be punir.ncd by a fine of not Clore th<1n three hunclrcd dollnrs ($300.00) or shall be imprisoned for a period of time "not to exceed ninety (90) days or both. plus the costs of prosecution in either case. This Ordinance shall be in full force and effect from and aftcr its adoption and publication according to law. Passed by the City Council this 3rd day of September, 1975. Richard J. Schneider, Hilyor ATTEST: " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Seotember 2. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Reduce EscrowlDevelopment Improvements/ ~ Meadowlark Heights \::J. Todd J. Haa~, ~ Engineerin~ The City Council is requested to reduce the development contract cash escrow (developer improvements) for the Meadowlark Heights development. Amount Available Reduce To Reduction Meadowlark Heights $16,493.54 $5,000.00 $11,493.54 + interest , \ . .', ..... Building the Comm!1nities of Tominorrow , ~ ' 13627 Lexington Avenue Northeast Ham Lake, MN 55304 " August 14, 1997 nECE.fV.ED AUG 1 5 1997 CITY 0 r, h'~LiVVER Mr. Todd Haas City of Andover 1685 Crosstown Blvd, NW Andover, MN 55304 Re: MeadowLark Heights Final Acceptance Dear Todd: " Now that the City has accepted MeadowLark Heights as complete and the general contractor has furnished its one year maintenance bond, I request that the perfonnance escrow, the administrative costs escrow and any other escrows be immediately released and refunded to me. If you have any questions or need additional infonnation, please contact me. ~~ Scott Lennes, President e-mail: ScotCLennes@msn.com Builder License # 20033087 Phone: (612) 786-9268 Fax: (612) 786-6360 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ , j DATE: September 2 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ........\V Engineering~ ITEM NO. Revise Resolution #094-96/No Parking/ 1l9.poPPY Street & 135th Avenue The City Council is requested to approve the resolution amending Resolution No. 094-96A designating no parking on the west side of Poppy Street NW at 135th Avenue NWand no parking (both sides) of 135th Avenue NW at Poppy Street NW as recommended by the Park and Recreation Commission. See attached letter from one of the effected property owners. \ / '\ / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DESIGNATING NO PARKING ON THE WEST SIDE OF POPPY STREET NW AT 135TH AVENUE NW AND NO PARKING (BOTH SIDES) OF 135TH AVENUE NW AT POppy STREET NW. WHEREAS, the City Council is cognizant of the public nuisance traffic hazard, congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to a potential problem. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover that there be no parking on the west side of Poppy Street NWat 135th Avenue NWand no parking (both sides) of 135th Avenue NWat Poppy Street NW. Adopted by the City Council of the City of Andover this 2nd day of September, 19~. CITY OF ANDOVER , ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / 7i~ I'A/2.~ (IIO ,,.jZlCl#l:, .w~S) . , / City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 RECEIVED " AUG 1 1 1997 CITY OF ANDOVER August 8, 1997 Attn: Public Works Dept. Gentlemen, Thanks, but no thanks! Shortly before the end ofthe baseball season, ''No Parking" signs were put up along 135th Avenue and Poppy streets. From what I understand about a year ago Bev Jovanovich (my neighbor)had requested these signs, we were not contacted. Prior to the installation of the gravel parking lot north of the field on Poppy St. as many as eight homes were inconvenienced with people parking along both sides of the road along 135th Avenue , and Poppy Street on any given night. This was a problem with bicyclists using the road as well as children walking between parked cars to get to the playground. Now only two homes are somewhat inconvenienced, mine (more so) and Ms. Jovanovich's. The irony is, several of the parents must feel they are exempt to the parking restrictions during the ball season and park in the street anyway. I called the city of Andover and spoke with Todd Haas and expressed my dismay about the signs and asked him what should be done about people parking in the street, he suggested calling the sheriffs department. (my brother is a sheriff for Anoka County and I know he has many more important things to do than write parking tickets!) On occasion we need to park in the street, or may want to entertain or have a garage sale, In those instances, our guests need to park in the street, now we have lost that privilege. Is it fair that we are penalized for 12 months for a 3 month ball season? As a mom of a daughter who plays softball and resident where there happens to be a ball field, I can emphasize with both sides and feel there are several alternatives to consider: 1. Leave the signs along 135th Avenue (by Bev's house) and take down the signs on Poppy St. 2. Leave the signs on one side of the street only. 3, My husband could remove the signs, store them and reinstall them the next ball season. , / City of Andover page two or two " Lastly, coaches instruct the players on how to play the game and have rules that need to be followed to insure good sportsmanship. Isn't it just as important for the parents to follow a similar set of rules by respecting the safety and property of those in and around the parks? Do they need to be reminded of this at the start of each season? Enclosed are photos of the streets around my house, the comer around Bev's house, the ball field and the gravel parking lot for your information. Please advise as how you wish to proceed with this matter. Sincerely, . '\ I W__ /) <:1..I\t\..6. r Sandy Mielke 13516 Poppy St. NW. 427-0743 home 544-5100 work cc: Parks and Recreation Department Todd Haas '\ , / "- / , / " , ~p. w6 :l"?~ CITY OF ANDOVER . COUNTY OF ANOKA ' STATE OF MINNESOTA RES\' NO. 094-96A .' A RESOLUTION DESIGNATING NO PARKING ONPOPPY STREET NW AT 135TH AVENUE NW. WHEREAS, the City Council is cognizant of the public nuisance traffic hazard, congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to a potential problem. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover that there be no parking on Poppy Street NW at 135th Avenue NW Adopted by the City Council of the City of Andover this .lllL day of May. 19 w... CITY OF ANDOVER ATTEST: tJ ~. /4b~~' 01:, McKelvey - Mayor t( 7;~. d~1- Victoria Volk - City Clerk ,. 1: 32 R. 24 ANDOVER ANOKA @ @ _IS" COWlUlIOH Of IKC' rHl'f' .vH.U IH fl4 .A.HOCA. e. Ofnas A.HfCflHG nc UUt. St- rHd DAAWIHC IS TO II usm ~ wfUHCt 1'UUOUS AI<<I J'H' rr IS HOt USI'OH.slIU 101 .. ACCtrlAOfJ HUSH COHT.AJ. 65!E2 /32 E 1/4 c~ =.:. ~~ ; J:~ AiiF'ii,cij,wy 'iD.lI€ I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " DATE: September 2 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson~( Engineering ITEM NO. Award Bid/97 -25/Fencing \1. The City Council is requested to approve the resolution accepting bids and awarding contract to Mid-Metro Construction for the base bid in the amount of $51,277.50 for Project 97-25, Fencing at Sunshine Park, Pleasant Oaks and Pine Hills. The Park and Recreation Commission is still contemplating award of the alternate bid. If they decide to include this with the scope of work it will be presented at the September 16, 1997 Council meeting. Bids received are as follows: Contractor Mid-Metro Construction Century Fence Base Bid Alternate Bid $51,277.50 $59,723.10 $16,840.00 $17,247.60 The funding for this project is from Park Dedication. \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-25 FOR FENCING/SUNSHINE PARK PLEASANT OAKS. PINE HillS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 183-97 ,dated August 5, 1997, bids were received, opened and tabulated according to law with results as follows: Mid-Metro Construction Century Fence BASE BID $51,277.50 $59,723.10 ALTERNATE BID $16,840.00 $17,247.60 , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mid-Metro Construction as being the apparent low bidder. / BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Mid-Metro Construction in the amount of $51 277.50 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of September ,19..9L, with voting in favor of voting Councilmembers the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / J.E. McKelvey - Mayor Victoria Volk - City Clerk (]) Mid-Metro Construction J {P '\ / TABULATION OF BIDS PROJECT: Proiect 97-25 BIDS OPEN: Auaust 19, 1997 Fencina (Sunshine Park, Pleasant Oaks. Pine Hills) 10:00 AM ..........~iim@I~ Nortn3tar rSRS9 #" r~ 51 2??>Z> /~, 3'10.00 ENGINEER'S ESTIMATE $ $ ....... ~" ..... O~ \(1 ".,.,.,. ~ ~,v """'" '.1..,,-. .. 7','170: 1o&/!7S CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: September 2. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson~( Engineering ITEM NO. Award Bid/97-27/Sunshine Park Bituminous Bikeway Trail 18'. The City Council is requested to approve the resolution accepting bids and awarding contract to Barber Construction Co., Inc. in the amount of $12,990.00 for Project 97-27, Sunshine Park Bituminous Bikeway Trail. Bids received are as follows: Contractor Barber Construction Co., Inc. , Alber Asphalt Base Bid Engineer's Estimate $12,990.00 $14,705.00 $16,000.00 . / The funds for this project are from CDBG and Park Dedication. , / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-27 FOR SUNSHINE PARK BITUMINOUS BIKEWAY TRAIL. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 181-97 ,dated August 5,1997, bids were received, opened and tabulated according to law with results as follows: Barber Construction Co., Inc. Alber Asphalt $12,990.00 $14,705.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Barber Construction Co.. Inc. as being the apparent low bidder, BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Barber Construction Co.. Inc. in the amount of $12990.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of September ,19...9L, with Councilmembers the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in favor of voting CITY OF ANDOVER ATTEST: J.E, McKelvey - Mayor Victoria Volk - City Clerk TABULATION OF BIDS PROJECT: Proiect 97-27 Sunshine Park Bikeway Trail BIDS OPEN: August 19 1997 10'30 AM /2, '''V.DO Alber Asphalt J S -/. GCRtrall3ndic:al3iR~. IA"-. ENGINEER'S ESTIMATE $lbI40D~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \, I DATE: September 2.1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Final Plat Iq I Shadowbrook Second Addition Planning ~ David L. Carlberg Community Development Director The City Council is requested to approve the resolution approving the final plat for the Shadowbrook Second Addition development project. The final plat is found to be in compliance with the preliminary plat. It is recommended that the final plat be approved subject to the following stipulations: \ , / 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3, The developer escrow for the uncompleted grading of this site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved or any revisions thereof. 4. Street light costs to be paid to Anoka Electric Cooperative, Costs to be determined by Anoka Electric Cooperative. 5. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded, 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from D.S, Army Corps of Engineers, DNR, LGD, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. g, Park dedication as recommended by the Park and Recreation Commission. The dedication will be a combination of cash and land. Note: The variances were approved as part of the approval of the preliminary plat. \ / COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -97 MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF SHADOWBROOK SECOND ADDITION, AS BEING DEVELOPED BY BUNKER. LLC, IN SECTION 36-32-24. WHEREAS, the City Council approved the preliminary plat of Shadowbrook ; and WHEREAS, the Developer has presented the final plat of Shadowbrook Second Addition. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Shadowbrook Second Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. The dedication will be a combination of cash and land. 9. Variance from Ordinance 10, Section 9.06 a3 to allow the developer to use the report from GME Consultants dated March 6, 1995 and letter dated August 16, 1995 to establish the lowest floor elevation based on estimated groundwater level and waive mottling soil requirements. 10. Variance from Ordinance 10, Section 9.06 A3 to allow for the developer to use the letter from GME Consultants dated April 8, 1996 (revised April 19, 1996) to allow lowest floor elevations to be lower than the 100 year flood elevations for detention ponds (areas that drain dry over a period of time) for the following: Page Two Resolution - Approving Final Plat ., Shadowbrook Second Addition " September 2, 1997 Lots 1 & 2, Block 3 Lots 10 & 11, Block 3 Lots 4, 5, 10 & 22, Block 4 Lots 17,18 & 20 - 23, Block 4 Lots 6,7,8,10 & 11, Block 6 11. Variance from Ordinance 10, Section 9.02 C due to the number of streets that will meet the definition of a collector street. This section of the ordinance states that preliminary plats shall be approved wherein lots front on the right - of-way of collector streets. Adopted by the City Council of the City of Andover this 2nd day of September, 19~. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk '\ Regular Park and Recreation Commission Meeting August 21,1997 - Minutes Page 2 (Terrace Park, Cont.) Motion by Kieffer, seconded by Lindahl to remove the "no parking" signs on the east side of Poppy Street along the park. Motion carried on a 5 yes, 2 absent (Grabowski, Blackstad) vote. This item will go to the City Council on September 2, 1997. Sandy Mielke suggested that the parents of the ballplayers be reminded to clean up after themselves. ~ Shadowbrook 2nd Addition/Park Dedication Requirements Mr. Haas explained that Mike Quigley of Bunker, LLC has sent a letter to the city offering $14,000 per acre for park dedication fees on Shadowbrook 2nd Addition. This is based on the current appraisals for Crown Pointe East 2nd Addition and Cherrywood Estates. Commissioner Anderson felt that we should have an appraisal on all properties because values can change in 6 months. Mr. Quigley noted that the appraisals for Cherrywood Estates and Crown Pointe East 2nd are only 60 days old. Mr. Anderson was concerned that if we accept the $14,000 per acre that would be $20,000 the Park Commission is not going to get. Motion by Kieffer, seconded by Barringer that we accept $14,000 per acre for Shadowbrook 2nd Addition as prior appraisals were done in June an those properties were in close proximity to Shadowbrook 2nd Addition. Motion carried on a 4-yes, I-no (Anderson), 2-absent (Grabowski, Blackstad) vote. Hamilton Squarl'/Park Dedication Requirements Mr. Haas explained that approximately a month ago the city had the Hamilton property appraised and the Hamilton's asked that they be allowed to have their own appraisal done. Their appraisal came in a lot less than the one done by Richard Erickson of Appraisal Engineering Bureau, Inc. The Commission felt that we should go with Mr. Erickson's appraisal as the ordinance says that the market value shall be detennined by an accredited appraiser chosen by the Park and Recreation Commission. " ~ ~ f:~""> ~ .:.~ ~,i :~ .~ \1 l -:' I f ~ 1\ \j " ..' ..., () :~, "'~'~:;';A' , \' '. . '("4 ,.,j , & ! 1 j <:J d'~;J" , , . ) , Y ~ , 'I /1 I v _ , / ' , , / '. , , /1// l , . .'. e "'" 'Qt: "~i!;"\iI.., , ~~~ " ~ ~~~~~ , :!~~ ~ ~ "'-~~~!! ~~~ e " "" '" , ..~ Ii ~~~~" ~ " Ii~~ ~ i'! i:l~~~!1 V) ~~u ~ ~ ~!li!;~~ ~ ~Ii~!.- ~ ~ ~i!;~~.. o ...""'Il.;ct '" '-'Q::""I"( :2:: ~~"'C~!:! ~ ~i!5~ i~~~ ~ ~ ~~:s~:t i!j~~." " " , ' " ~ ' . $ . " "-'., ~ -9C035 .... .. '''-'.- ,. , ....." - ~ ~ ~ '-- L --;;'GO'-~f,'''''.j , . \ ..... . Z _~... \ ~ - - ".- O I '. ..." - ~. ~ / ~ ./ " ~ - i Q Q <r:: -\""' ~ ~ / : - 0 4~ Z ",l:] . >> '"'" w' o ,.~ z. U 0", " a ~. < ~ J:;iI "r: $ : \f) "- '" 0 . 0:0 y~ o 4 ~o . ~ ~ ~. ....... G" J ~ O ~ / o / o ~ ~ CO ~ o Q ~~ <r:: s~... <>a · ..1 . ~ . ',. , I- I . '" , m 1_ , v .l ..." l ' "I> . !,~~; . Q.. ti...;:..... '! 'I" ; ,- . .. 0 ~~ ~tfi~ if .... :. : , -, ~ , , ~ ~ .. . '" .. - , ,. . . . , '. - . 'tl _.~ , --- . tJJ . ," !"\ :.\ 1 f l-~ " i\ ',.'.' ("~I i ~ . ';:' ::,.;, ';" . i'" I ' ", " , .. , . , " .. ''', .. ",' . . -- f! ----- !l I - -; ~?";;fb::,!;:,! I - <:l ! ~ ,r ~ " R "" ! ' . " , . ,. '.. . . .,. '!'I;oo ~ . '" ''''''" . ' '" ! ! '>!'l . . ... , , '-'. ~ CIIi!. I tJ:St;!tto " :;:;;c3 ~ t<I :g ~;i ~ ~i1~ ~ ~ il!~"b ~ ~ """ I . '!I'" _ o ~:e;ti!3 !3 ~"..J.~ <: ~li:<(_.... to" ~:Z:I!!::~~ ~~~~ ~ ~ ~~~~'! , I I o . $ ~ '" "! ~~ '-. .. . .l! " '" "'1 , ",._. I I; " '"~_ '. ~ !i1~~ , ;". ", . ~ "-tl" -- ~ !it;,,~ __ ~,,~ .... " Z ";;t;-~j!; ',' ~~ ~".!.~ " . I "" "',' ". O ,! !Ill " " ' " ".. ..~ / '. I--f t::..." , , t:"" , I--f " . ,..... . ,', c, . ,. I 1-1 ',' '. ~. Q '.. '~I " ~~I ~ ,,' 0' ~~I .~ "C ,,' ; II ". , - "' . " Q '" " 'i , O ~L I ." (f) . /I ..J L ..." . "s Z ll: '" -, -,"u_ . '" '" '~";"~'-:" O ". '" ~. .!,'fCM..." 0- ~ U Q~ ,<. I r~' < ~ - ~t , r r\ c.. '" , V.J. 0:::> o "'~ ~ (.) ~ -~ (J~ o 0 o ~ ~. I ~ o Q ~ t-r-l ~ :. t-L-I , .. rn ~ w'" -z.~ _0 -'e< ~ 00'''' l .. II :1:.. /I '" " ':- "' ~., ~: ~ \ .', "/ I . , ~. , ". : , - \~ . " , '" \" " . " " " '. '. ,. - t'c ":' , ~~ W l " ~ ~~ ' '., . '\~ . ,,, ., ~ :'; \". ~--) " " " -. - - '0 ", .. "'c .._,,~. , . , " , -"=-.. , " , ... --- ' -- IItP~~-Ntfl-!K~ N_ _ _ _ _ ~/13N-~/IN oK} ~ _ 3.9t.80069N - - - ---t--M~G'it--{k- I __ $--'1' . . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ " J DATE: September 2.1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson~l Engineering . ITEM NO. Award Bid/97 -6/Shadowbrook 2nd Addition :!J.D. The City Council is requested to approve the resolution awarding contract to C.W. Houle Inc. in the amount of $651,896.40 for Shadowbrook 2nd Addition, Project 97-6. Bids received are as follows: Contractor Bid Amount , J C.W. Houle, Inc. Ryan Contracting, Inc. Northdale Construction Barbarossa & Sons, Inc. Richard Knutson, Inc. Burschville Construction, Inc. $651,896.40 $707,501.03 $743,538.53 $753,648.70 $766,231.33 $801,334.40 Engineer's Estimate $741,574.65 Receiving of the bids was done by the City Council at the August 19, 1997 Council meeting. / , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-6 FOR SHADOWBROOK 2ND ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 170-97 , dated July 15 ,1997, bids were received, opened and tabulated according to law with results as follows: C.W. Houle, Inc. Ryan Contracting, Inc. Northdale Construction $651,896.40 $707,501.03 $743,538.53 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate C.W. Houle Inc. as being the apparent low bidder. / BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with C.W. Houle Inc. in the amount of $651 896.40 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a regular meeting this 2nd day of September ,19~, with voting in favor of voting Councilmembers the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ DATE: September 2. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineerin~ . ITEM NO. ') Accept Petition/97 -35/The Farmstead od. The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain, street and storm sewer for Project 97-35, The Farmstead. '\ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER , PROJECT NO. 97-35, IN THE FARMSTEAD AREA. WHEREAS, the City Council has received a petition, dated August 27. 1997 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1 000 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of September, 1997, with favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in voting Councilmembers CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk ~ Innovations in Senior Living Communities SENIOR HOUSING PARTNERS August 21, 1997 DECEIVED " 'j AUG 2 7 1997 ':f CITY OF ANDOVER City Engineer City of Andover 1685 Crosstown Blvd, NW. Andover, MN 55304 Dear City Engineer, Presbyterian Homes of Minnesota does hereby petition for improvements by the construction of water main, sanitary sewer, storm sewer and streets with concrete curb and gutter with the costs of the improvement to be assessed against the benefiting property which is described as: Lot 1, Block 1, Andover Farmstead, Said petition is unanimous and the public hearing may be waived. We request that a feasibility report be prepared as soon as possible, We have enclosed a check for $1000 for the feasibility report expenses and understand this will be applied against the improvement escrow. Sincerely, John Mehrkens 2345 Rice Street + Suite 240 .) St. Paul. Minnesota +55113 oOowww.senioroartners.com + (612) 490-9126 + Fax (612) 490-9145 + 800-891-9126 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \. , ) DATE: September 2 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. '7~pdate of Irrigation Well/96-19/Sunshine Park l'?YX . This is an update item for the City Council. City staff has evaluated the possibility of constructing or installing a separate pump and watermain from Well #6 which is located at the south end of Sunshine Park to the concession building. Based on discussions with the Park and Recreation Commission, it is recommended that the City not install a separate pump and watermain to the concession as it will not be cost effective (besides the cost of a pump and watermain) because of the existing irrigation system and fencing that would need to be removed. The Engineering Department has discussed this with Public Works. Frank Stone reviewed this and will be recommending an annual fee be charged for the fare share of the chemicals and the City's fare share to maintain the water system based on water usage of the park. \ / \. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ I DATE: Seotember 2. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Finance ~~ Jean McGann ITEM NO. ~3, Set Truth in Taxation Hearing Dates Background: The Truth in Taxation law, M.S.275.965, requires Cities to hold a public hearing for property taxes payable in 1998. The City is required to set two hearing dates. These public hearings must occur between November 29, 1997 and December 20, 1997, If the second hearing date is necessary, it must be at least 5 days but not more than 14 business days after the initial hearing. The hearing dates are required to be certified to the County on or before September 15, 1997. The County, School Districts and Metropolitan Agencies have already established hearing dates. \ / Request: The Andover City Council is requested to set the Truth in Taxation Public Hearing dates as follows: First Hearing -- Wednesday, December 3, 1997 at 7:00 P.M. in the Council Chambers Continuation Hearing -- Tuesday, December 16, 1997 at 7:00 P.M. in the Council Chambers / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '. , / DATE: September 2. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Finance ~~ Jean McGan~ ITEM NO. 04. Approve 1997 Budget Revisions Request: The Andover City Council is requested to approve the 1997 General Fund Budget revisions as indicated on the following two (2) pages. Overall, there are not many budget revisions to be made. The original budget was realistic in both revenues and expenditures. The main reduction in revenue is due to the elimination of a Senior Engineering Tech position. This reduction in revenue was completely offset with increases in revenue from other Engineering staff, "- / The primary revision on the expenditure side of the budget is the increase offunds within the contingency accounts. At this point, staff would recommend waiting to reallocate the contingency account until final Federal disaster funding amounts are available to help pay for a portion of the debris removal. In addition to the budget revisions on the following two (2) pages, there have been several requests for trransfers of allocated funds within departments. Frank Stone, Public Works Superintendent, has made several requests. 1. Transfer of$35,000.00 from Streets & Highways budget to Public Works Building General Fund budget to purchase the following: a. Install gas direct fired air makeup unit in old Public Works building, Total cost = $31,950.00. b. Six (6) C 1 00 Command Series Motorola desktop low band City Radios. 2. Transfer of $35,000.00 from Storm Sewers contractual services to Storm Sewers Capital Outlay. These dollars would purchase a Compact Excavator. The Compact '\ Page Two Excavator is a miniature backhoe that can swing 360 degrees. This request is due to the numerous additions of sedimentation ponds as well as other off road storm sewer problems. , / The Council is also requested to consider one transfer in the Water Distribution Enterprise Fund. The Water department would like to transfer $20,000.00 from Meter/Homs Capital Outlay to rentals of equipment for use when renting equipment for departmental needs. \ / \ ) CITY OF ANDOVER 1997 General Fund Budget Revisions For Year Ending December 31,1997 REVENUES INCREASE DESCRIPTION (DECREASE) REASON FOR CHANGE Other Grants $ 25,000 Additional Grant to be Received School District Liaison 15,000 School District Contribution to City Building Permits 20,000 Higher than anticipated revenue Heating Permits 2,000 Higher than anticipated revenue Plumbing Permits 3,000 Higher than anticipated revenue Septic Repair 625 Higher than anticipated revenue Rezoning 700 Higher than anticipated revenue Lot SplitsNacation of Easement 500 Higher than anticipated revenue r'lat Fees 2,000 Higher than anticipated revenue Plan Check Fees 15,000 Higher than anticipated revenue Escrow Inspection Fee 500 Higher than anticipated revenue Site Plan Review - Trees (4,000) Inspection now done by Forestry Fund Commercial Site Plan Review 1,750 Higher than anticipated revenue City Engineer Fees 15,000 Higher than anticipated revenue Civil Engineer Fees 25,000 Higher than anticipated revenue Engineering Secretary Fees 10,000 Higher than anticipated revenue Public Works Fees 5,000 Higher than anticipated revenue Planning Department Fees (20,000) Lower than anticipated revenue due to Commercial Site Plan Review Senior Engineering Tech Fees (50,000) Position eliminated from 1997 budget Rent Other than City Hall 12,000 Antenna lease agreement Refunds and Reimbursements 16,500 Snow removal aid from State Recycling 7.500 Higher than anticipated revenue , / Net Revenue Increase $ 103,075 \ ! CITY OF ANDOVER 1997 General Fund Budget Revisions For Year Ending December 31,1997 EXPENDITURES INCREASE DESCRIPTION (DECREASE) REASON FOR CHANGE Attorney Fees $ 8,000 Higher than Anticipated Expendiures Recycling Bins 3,500 Bins needed for residents - dollars are recaptured Recycling Publishing 4,000 Additional publishing needed - reimbursed by County Planning Publishing 4,000 Ordinance Publishing - review of all ordinances City Hall Water & Sewer 700 Higher than Anticipated Expendiures Sunchine Park Water and Sewer 12,000 Higher than Anticipated Expendiures Police Contract 45,687 Contract - offset by School and Police Aid Weeds - Supplies (100) Less than anticipated expenditures Needs - Operating Supplies (100) Less than anticipated expenditures Weeds - Professional Services (1,000) Less than anticipated expenditures Weeds - Repair/Maint (100) Less than anticipated expenditures Weeds - Contractual Services (3,000) Less than anticipated expenditures Weeds - Dues/Registratins (300) Less than anticipated expenditures Insurance - Workers Comp (10,995) Less than anticipated expenditures Fire Department - Workers Comp (8,000) Less than anticipated expenditures Contingency 48,783 Excess of budget revisions Net Expenditures Revision $ 103,075 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ DATE: September 2.1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Finance ~\)~ Jean McGann ITEM NO. c9...~ Approve Contract/Continuing Disclosure for Outstanding Bond Issues Background: The City of Andover is required to file annual disclosures for certain bond issuances under SEC Rule 15c2-12. Of the Cities outstanding bond issues, the following are required to have disclosures filed: Continuing disclosure is required for five outstanding bond issues at this time. The reports are due on December 31, 1997. These issues are outlined in Exhibit A of the proposed contract. Request: The Andover City Council is requested to approve the proposed Dissemination Agreement with Juran & Moody for compliance with SEC Rule 15c2-12. This contract involves fees of$2,250 plus expenses. The funding for this will be through the appropriate debt service fund, , J , \ DISSEMINATION AGENT AGREEMENT TIllS DISSEMINATION AGENT AGREEMENT (the "Dissemination Agreement"), dated as of the 21st day of August, 1997, by and between the City of Andover, Minnesota, 1685 Crosstown Boulevard NW, Andover, MN 55304-2612 (the "Issuer") and Juran & Moody, a division of Miller, Johnson, & Kuehn, Incorporated, 1100 Minnesota World Trade Center, St, Paul, MN 55101 ("the Dissemination Agent") in connection with bond issues of the Issuer (the "Bond Issues") identified in Exhibit A which is attached to and by reference made a part of this Dissemination Agreement: The Issuer and the Dissemination Agent covenant and agree as follows with respect to the Bond Issues: SECTION 1. Definitions. the following capitalized terms shall have the following meanings: "Annual Report" shall mean the document or documents filed by the Dissemination Agent with a National Repository or State repository pursuant to this Dissemination Agreement. "Annual Report Data" shall mean the Issuer's audited financial statements, such other financial information and operating data for each Bond Issue as may be requested by the Dissemination Agent to compile the Annual Report, and information collected by the Dissemination Agent (such as data from the county auditor), " J "Continuing Disclosure Agreement" shall mean that certain agreement or undertaking executed by the Issuer at the time of issuance of the bond issues listed in Exhibit A. "Disclosure Representative" shall mean the City Clerk of the Issuer or his or her designee, or such other officer or employee as the Issuer shall designate in writing to the Dissemination Agent from time to time. "Listed Events" shall mean any of the material events listed in Section 5(a) of this Dissemination Agreement. "National Repository" shaH mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. Attached to and by reference made a part of this Dissemination Agreement is Exhibit B, a current list of National Repositories, Notwithstanding anything to the contrary contained herein, Exhibit B may be amended from time to time by the Dissemination Agent, following the designation of additional National Repositories or loss of such status by an existing National Repository, by delivering a notice of amendment and an amended Exhibit B to the Issuer. "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. \ "SEC" shaH mean the Securities and Exchange Commission or any successor to its functions governing state and municipal securities disclosure. "State" shall mean the State of Minnesota '\ , ) "State Repository" shall mean any public or private repository or entity designated by the State as a state repository for the purpose of the Rule. As of the date of this Agreement, there is no State Repository. "Tax-Exempt" shall mean that interest on the Bonds is excluded from gross income for federal income tax purposes, whether or not such interest is includable as an item of tax preference or otherwise includable directly or indirectly for purposes of calculating any other tax liability, including any alternative minimum tax or environmental tax, SECTION 2. PuqJOse of the Dissemination A~reement. This Dissemination Agreement is being entered into by the Issuer and the Dissemination Agent in order to assist the Issuer in complying with the Rule. '\ / SECTION 3. Provision of Annual Reports. (a) On or before September I, 1997 and by August 1 of each year thereafter, the Issuer shall provide the Annual Report Data to the Dissemination Agent. The Dissemination Agent shall compile and provide to each Repository by December 31 of each year commencing December 31, 1997, the Annual Report for each Bond Issue in a format consistent with the Rule, (b) Ifby October 1 of each year, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall contact the Issuer to determine if the Issuer is in compliance with subsection (a). (c) The Dissemination Agent shall: (i) determine each year prior to December 31 the name and address of each National Repository and each State Repository, if any; and (ii) file a report with the Issuer and the Trustee (if applicable) certifying that the Annual Report has been provided pursuant to this Dissemination Agreement, stating the date it was provided and listing all the Repositories to which it was provided. SECTION 4. Content of Annual Reports. The Annual Report prepared by ,the Dissemination Agent for each Bond Issue shall contain or incorporate by reference the financial information and operating data specified in the applicable Continuing Disclosure Agreement or continuing disclosure provisions of any applicable Resolution, Indenture, Loan Agreement or Lease Agreement, relating to bond issues listed in Exhibit A. SECTION 5. Reportin~ of Si~nificant Events. (a) This Section 5 shall govern the giving of notices of the occurrence of any of the following events listed below or in the Issuer's Continuing Disclosure Agreement or in the of applicable Resolution, Indenture, Loan Agreement or Lease Agreement: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults; / CON DIS - MASTER Page 2 '\ ) difficulties; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial security; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions or events affecting the tax-exempt status of the (7) Modifications to rights of security holders; (8) Bond calls; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the securities; and (11) Rating changes. (b) The Dissemination Agent shall, within one (1) Business Day of obtaining actual knowledge of the occurrence of any of the Listed Events, contact the Disclosure Representative, inform such person of the event, and request that the Issuer promptly notify the Dissemination Agent in writing whether or not to report the event pursuant to subsection (t). '\ , / (c) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall as soon as possible determine if such event would constitute material information for Holders of Bonds. (d) If the Issuer has determined that knowledge of the occurrence of a Listed Event would be material, the Issuer shall promptly notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report the occurrence pursuant to subsection (t). (e) If in response to a request under subsection (b), the Issuer determines that the Listed event would not be material, the Issuer shall so notify the Dissemination Agent in writing and instruct the Dissemination Agent not to report the occurrence pursuant to subsection (t), (t) If the Dissemination Agent has been instructed by the Issuer to report the occurrence of a Listed Event, the Dissemination Agent shall file a notice of such occurrence with the Municipal Securities Rulemaking Board and each National Repository and State Repository. SECTION 6. Dissemination A&ent. The Issuer has engaged the Dissemination Agent to assist it in carrying out its obligations under this Dissemination Agreement and may discharge any such Dissemination Agent, with or without appointing a successor or Dissemination Agent. The Dissemination Agent may terminate its duties hereunder upon fifteen (15) days written notice to the Issuer. For its services hereunder, the Dissemination Agent shall be paid an annual fee of $1,000 plus $250 per Bond Issue for each Bond Issue listed in Exhibit A that is required by the Rule to file an Annual Report. In addition, the Issuer shall reimburse the Dissemination Agent for out of pocket expenses incurred in preparing the Annual Report. \ / CON DlS - MASTER Page 3 '\ ) SECTION 7. Amendment. Waiver. Notwithstanding any other provision of this Dissemination Agreement, the Issuer and the Dissemination Agent may amend this Dissemination Agreement, and any provision of this Dissemination Agreement may be waived, in writing, as agreed to by the parties thereto. SECTION 8, Additional Information, Nothing in this Dissemination Agreement shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Dissemination Agreement or any other means of communication. SECTION 9, Duties. Immunities and Liabilities of Trustee and Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Dissemination Agreement, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys' fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's gross negligence or willful misconduct. SECTION 10. Beneficiaries. This Dissemination Agreement shall inure solely to the benefit of the Issuer and the Dissemination Agent, and shall create no rights in any other person or entity. / SECTION 11, Counterparts, This Dissemination Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the CITY OF ANDOVER, MINNESOTA and JURAN & MOODY have caused this Dissemination Agreement to be executed in their respective names, all as of the date first written above. CITY OF ANDOVER, MINNESOTA JURAN & MOODY By Its Mayor By tJ&~ Its Vice President And Its City Clerk \ / CON DIS - MASTER Page 4 '\ ,) EXIllBIT A BOND ISSUES SUBJECT TO CONTINUING DISCLOSURE CITY OF ANDOVER, MINNESOTA FIRST FINAL LAST ISSUE DATED REPORT MATURE REPORT PAR ISSUE DATE DUE DATE DUE $6,055,000 GO Tax Increment Bonds of 1995D 10/01/95 12/31/97 2/1/13 12/31/14 2.055,000 GO Tax Incremenl Bonds of 1996 6/1/96 12/31/97 8/1/12 12/31/13 1,220,000 G 0 Crossover Refunding Bonds of 6/1/96 12/31/97 8/1/01 12/31/02 1996 600.000 G 0 Improvement Bonds of 1996 6/1/96 12/31/97 8/1/06 12/31/07 3,120,000 GO Improvement Bonds of 1997 5/1/97 12/31/97 12/1/02 12/31/03 6.315,000 G 0 Improvemenl Bonds of 1997, 7/1/97 12/31/98 12/1/05 12/31/06 Series B I J ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ANDOVER, MINNESOTA ISSUE PAR $2,350,000 FIRST REPORT DUE 12/31/98 LAST REPORT DUE 12/31/17 FINAL MA TURE DATE 12/01/16 DATED ISSUE DATE Public Project Revenue Bonds of 09/01/97 1997 \ ) CON DIS - MASTER Page 5 \ ; EXIllBIT B LIST OF NATIONAL REPOSITORIES Bloomberg Municipal Repository P,O, Box 840 Princeton, NJ 08542-0840 Phone: 609-279-3200 Fax 609-279-5962 Thomson Municipal Services Attn: Municipal Disclosure 395 Hudson Street - Third Floor New York, NY 10014 Phone 800-689-8466 Fax 212-989-2078 Disclosure, Inc, Attn: Municipal Disclosure 5161 River Road Bethesda, MD 20816 Phone 301-215-6015 Fax 301-718-2329 ./ Kenny Information Systems, Inc. Attn: Repository Services 65 Broadway - 16th Floor New York, NY 10006-2511 Phone 212-770-4595 Fax 212-797-7994 Moody's NRMSIR Public Finance Information Center 99 Church Street New York, NY 10007 Phone 800-339-6306 Fax 212-553-1460 RR Donnelly Financial Municipal Securities Disclosure Archive 559 Main Street Hudson, MA 01749 Phone 800-580-3670 Fax 508-562-1969 J CON DIS - MASTER Page 6 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: September 2. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J. Haas, ~ Engineering r ITEM NO. Approve Quotes/Street Repair/Eldorado Estates Ck, The City Council is requested to approve the quote to install a bituminous overlay berm 16 feet wide to divert storm runoff to eliminate severe erosion to an existing driveway in the area known as Eldorado Estates (see attached map for location). The quotes received are as follows: 1. Alber Asphalt, Inc. 2. Metro Paving 3. Diversified Paving Inc. $2,375.00 $3,450.00 $3,900.00 , Since the project of Eldorado Estates is completed and accepted by the City and the 1 year warranty has expired, we are recommending that the project be paid from the In-House MSA Fund. , / # J l?' --- ---- ~ I ~ . , "1"'- I: I: I: I: I ~ --". " =~ ~-.....: ~I-~ ~~~:e--' r '-' ~ ~ f-& (5 4 ~ -;,: -::- lil -0- ~ t---'t I-- a: >- "- 5 ;;; >- I ~. i I 5 ~.:.:.----- ,~~: ~, '''-.: e-- , :~/~! l--- ...... - - , 1:::: -- 1 l -i:- 14 ~:~ ;i~{o.';'. i r;r.7~ ' I J' / /". I\. I --- ! i I I I I -f--- I I I I _L____ - I I I \ + -,}; -REGl TEEfD I _. I I \ J_ I ! I I " I I I I I : I I ! i I I I Ll o o Q) :! o o ... :! -- __'~"_ ~:..=,-;:;1~o;," -"~', ,-- , "," ..... . <',,''i:c.c'.'. . j~" I~'(' .~. '!:f.~'I'~f .......-..- ,,~ . ~\. ...,..,~ . ~. . . , ~~._l"-t,,.I."t'r. -- y. t. I . I V"UE .:;: 'S' . f"!T-, -71;l'1'1'~ -;~t --~.' . II:' --~~~ ., r; . . , . . '~'/'I ~'q, o~ '1 ~ I . e-- ""--'C--' r: \ M~ ,-' l) .~~, ~~~ t,,"~\ c} . t,,'....... . . ...// 11- -~ 1111 :;:, ~ ;\, .j L-;- --:77:7- . l21}/ ni I _. I I I . 'E,RED _. -. LAND S~'RVE.'( .,.. 1>-' - _. L. NO~ ~ -----NO'- ,---' : -:::; ~~ _. . I v.....?I I _, ~ -.: /LfJ.' J; : I I -i ': / -1'~:"" '~" .' I V~~ . u. - 1 _.SL ~h 1ft. -H.~. . '.\' 't--t-- - ~-;:,r'l:""8 -. /1. .. _h - r -"J(~-' ~-.,. -. l71-l \ lr --+ = ~ / ~" < .\ . \. . . 'y.L"-.-' 'I<L Sf ",',. 1 1 - '- -/1 _. ~. ' i. '9)(' /' . I J. - - ,-'- r I[---J -, . .~r -h J '-;;;-~ .- ::::::::l~"'.. .. 7 - ~jt~lfiN'~.\. 1I ot; .;; . I}. . ~..;y~ i . ~. ':'~: . ') Jr..I. r ~ ~---1 $ " "1 /.~ 7""'- "'b t- ;~l/.i.<i ~~. :1i;~1 '5 I' ~)). - ~ ~ ~ . l1A ;Pr'. . - ". ~ ''-...'" c--~ ~ /" II~ II r .:; .''''''- _ ___..._..___ II II "I t- ~.I'.J,'~ ' .;: . y. < \' . ~VVr~.t~ ~ ;~A~W~J(;.." ,4 i~ . '~!- .::;'iJ:. . . , ~r-- . . '. _ , ~!..I+..!-lf-'_+~,,--,.J-\:!: I . ft'Xi<,:-S0U. ': ; : r '-"" \~~~''Y./ T'; :: I ,< -' . ! ': . 6! :~r-- f-- ~ l....m 1...ltl";~\:~J nUUm n __n. \ .n'--i -.:: _L_ .~ ~"U-~~~Y'2 ii i ,I it,. w.~JI;'" ~~, I " <; ..;.;;- I. ,::{ '..u- II ,a I J' l. ", 3 ., '4f... 1_"" A~~~~L<_ m '\, II \ ~LES,7j1l -r --;;- 3 : r-- .~! . M ~ 5' E5iATf,~ g . '" II I I I I I 'f!' CAsLER' ADD TION . . ":' c------o I-- I L -~ ~ v ~ r- Ir-- Ir- T I =-=r: u -no~ : ~ ~",,~~M1~1, ~ -.......... ~ \RAICI EsrATts' }/ ! l-=l~ "\Y - N w ANOKA .......E COUNTy......... SOVSR 5 ,... --,- fk~~/!J) RUM jl\. , ~ . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ ) DATE: September 2 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, Engineering ITEM NO. ,(~.td Bid/96-15/Public Works Expansion/Structural Steel Erection The City Council is requested to approve the resolution accepting bids and awarding contract to KMH Erectors in the amount of $23,165.00 for structural steel erection for Project 96-15, Public Works Expansion. Bids received are as follows: Contractor Bid $23,165.00 $23,894.00 $24,592.00 KMH Erectors Listullndustries Western Steel Erection / \ , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 96-15 FOR PUBLIC WORKS EXPANSION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 108-97 ,dated May 20,1997, bids were received, opened and tabulated according to law with results as follows: KMH Erectors Listullndustries Western Steel Erection $23,165.00 $23,894.00 $24,592.00 / NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate KMH Erectors as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with KMH Erectors in the amount of $23.165.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of September ,19~, with Councilmembers the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in favor of voting CITY OF ANDOVER ATTEST: J J.E. McKelvey - Mayor Victoria Volk - City Clerk Ii PETERSON FAX NO. 16125252340 P. 01 ,1tJC'?8 _ 'llll'l/i "~f21.. - . __#JP __~Inc. / 6701 West 231'd Street. Minneapolis, Minnesola 55426. (612) 544.1561 . FAX (612) 525-2333 CON~RUCTION MANAGERS August 28, 1997 Dear Mr. Fursman City of Andover 1685 Crosstown Blvd. Andover, MN 55304 RE; Bid Tabulation for Andover Public Works Building Dear Mr, Fursman: The result of the August 28, 1997 Bid Opening fOr steel erection at the: Andover Public Works Building as follows: / Bid Package #3 - KMH Erectors, Inc. $23,]65.00 This bid is within the project budget. It is my recommendation that a contract be awarded to KMH Erectors. Should you need further assistance or have any questions, please contact me. !~ cc: Scott Erickson Pete Kolias Tom Stone ) Member at Ccr1Blnu:lion MaregerrlI!nl A=ci8llcn cl America ~~~.o!:.. ~ \JJ.Y .1rt.rt. ) CITY OF ANDOVER PUBLIC WORKS PROJECT AUGUST 28,1997 Bid Results - Bid Package 5B Structural Steel Erection K ~ tI 1:; r ~c T if -C /- ; /-T -- r :Z;/1 ~ <-/ ./--#-; <=~ :2S/b~rOO r .:z"J:- S9?f.Oc> " :::z 1-1 5" 9~. 00 I W -e...... -I- -e. r ""- 71 c- c ( G ~ c.-----f-o ..... / \ I , '\ .J '\ , / '\ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 2. 1997 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning John Hinzman, J W ~ City Planner ITEM NO. Local Planning Assistance Grant Update \ ~~, On August 5, 1997, City Council authorized staff to submit application for local planning assistance grant funds (RI82-97). The City of Andover has been awarded a local planning assistance grant of no less than $10,660 from Metropolitan Council. Funding will be allocated towards strategic planning for the 90 acre Commercial Park, GIS, and staff time in completing the Comprehensive Plan. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: September 2. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,~L Engineering ITEM NO. Approve Final Payment/97-4/Seal Coating aq The City Council is requested to approve the resolution accepting work and directing tinal payment to Astech Surface Technologies Contracting Corp., Project 97-4, for Seal Coating. , / \ , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ASTECH SURFACE TECHNOLOGIES CONTRACTING CORP. FOR PROJECT NO. 97-4, FOR THE IMPROVEMENT OF SEAL COATING. WHEREAS, pursuant to a written contract signed with the City of Andover on April 1 ,19 97 , Astech Surface Technologies Contracting Corp. of _ St. Cloud MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and / BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of September, 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor \ Victoria Volk - City Clerk -' CITY OF ANDOVER PARTIAL PAYMENT ; Estimate No. 2 (Final) Period Ending 8/25/97 Sheet -1- of ---1 Project 1997 Seal Coating Project 97-4 Original Contract Amount Location Andover $ 226.394.25 Contractor Astech Surface Technologies Contracting Corp. Total Contract Work Completed $ 202.772.14 Total Approved Credits $ $ -0- -0- Total Approved Extra Work Completed Total Approved Extra Work Amount Completed $ -0- Total Amount Earned This Estimate $ 202772.14 " Less Approved Credits J Less ~ Percent Previously Retained $ $ -0- -0- Less Previous Payments $ 192.633.53 $ 19263353 $ 10138.61 $ 10.138.61 P agree to the above estimate. Total Deductions Retainage Released Amount Due This Estimate I, Date Date 8ft '5/97 '; Received payment in full of above estimate in the amount of $ 10.138.61 Contractor Date partpay.doc CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , ) DATE: September 2. t 997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Public Works Frank Stone ITEM NO. ~nge Order #l/]ulian M. Johnson/96-15/Public Works Expansion I<-3U, REQUEST: A request is being made for a Change Order to the grading and utility contract for the purpose of adding an 8" watermain into the cold storage building and add 91 feet of sanitary sewer line to an existing line that is presently in the new parking lot of the new Public Works building. Julian M. Johnson is presently on the job site for the new construction and has submitted a quote of $15,250 to do the work as needed. Attached for your review is a copy of the quotation and resolution, \ ) JULIAN M. JOHNSON CONSTRUCTION CORP. ~ General Excavating and Fill Hauling 6190 Industry Avenue NW Anoka, MN 55303 Phone(612)323-2900 Fax(612)323-7579 A TO: Andover Public Works PHONE: 755-8118 I DATE: August 27, 1997 1680 Crosstown Boulevard PROJECT NAME: Utilitv work at Public Works I Andover,~ 55304 LOCATION: Andover I PLAN DATE: PROJECT MANAGER: Frank Stone w. herebf SUbmit apeelficetiona and 88I:i__ fur: Extend 8" Sanitary Sewer 90 lin. ft. City to supply pipe $ 1,600.00 Wet tap 12" water main and extend 6" service into existing metal building $ 10,875.00 8" Service in lieu of 6" ADD: $ 2,775.00 · Water main price to include: Wet tap with gate valve & box Curb removal & replacement Pavement removal & replacement Service extended into building with 90 degree bend and flange fitting above floor w. PfOPOM 10 tunnh mate>rial ~ labor -1XlfYl9Iete and in complialce with the abowe s.peclficatiohsfarthe.umGl; SEE ABOVE-------- DOLLARS :"""'---------.........."..,.-SEE ABOVE--,.,.""...,-- Payment to be made as follows: NET 30 DAYS FROM DATE OF INVOICE All Material is guaranteed to be as specified. All work to be completed in a professtonal manner according to standard practices. Any alteration to Of deviation from the above specifications which involves extra costs will be made only upon receipt of an authorized. written change order and will be shown on subsequent invoices as amounts over and ~~ above the original estimate. It is understood that W'I will not be penalized for delays caused by sbikes, accidents 01 other delays caused by acts of God. Our workef'$ are covered by Worker's Compensation Insurance. Note: This Proposal may be withdrawn Authorized by us if not accepted within 30 days Signature Jefrv Snfnitzky ACCEPTANCE OF PROPOSAL: The above prices, ;1..,-.ir-4..ls and conditions ant satisfactory and are accepled. You ant authorized 10 do the work as specified. Payment wi" be made as outlined above. Signature: Signature: Date of Acceptance: PROPOSAL '. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-.1. TO PROJECT NO. 96-15. PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Julian M Johnson Construction Corp of Anoka. MN . NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15, MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of September . 19-9,L, " ~ with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 2. 1997 AGENDA SECTION Non-Discussion/Consent Item/ADD-ON ORIGINATING DEPARTMENT Scott Erickson, Engineering ITEM NO. 20. Award Bid/97-6/Shadowbrook 2nd Addition The City Council is requested to move this to a discussion item to discuss a contingent award of the project pending the developer's successful recording of the final plat. . , :' I' .. . .. . I " ,--"~ <;. 6Y \-t"""~ I I :...Lj7( , \ , i j i , I ANOKA I COUNTY \ ____._~_.__._____.._J ~ COUNTY OF ANOKA Office of the County Board of Commissioners GOVERNMENT CENTER 2100 3rd Avenue. Anoka, Minnesota (612) 323-5680 August 27, 1997 55303-2489 RECEIVED AUG 2 8 1997 CITY OF ANDOVER MARGARET LANGFELD County Bosrd of Commissionsrs District #3 Dear Community Leader: Y ou're invited to attend a presentation on Sept. 15 to leam about the state's campaign, "You're the One Who Can Make the Peace," sponsored by Violence-Free Anoka County, An Alliance for Violence Prevention The Alliance is a diverse forum of representatives from the community who have been meeting since October, 1996 to identify needs and resources for violence prevention in Anoka County. The State of Minnesota has launched this five year, statewide, multi-media campaign to reduce violence and promote peaceful actions, positive solutions and individual responsibility. While identifying and raising consciousness of violence in all its fonns, the ''You're the One Who Can Make the Peace" campaign cites examples of how individual actions and responses can, and do. help create more peaceful neighborhoods and communities. Come learn more about the effort and how you can use these messages and free materials at work, at home and in your community. You're The One Who Can Make The Peace Sept. 15,1997 2:30 p.m. reception 3 p.m. presentation 4 p.m. Violence-Free Anoka County meeting/discussion on future action 7th Floor Board Room Anoka County Govemment Center, 2100 3rd Ave., Anoka, MN RSVP by Sept. 10 to Peggy McNabb at 323-5837 Your attendance is important to me because I know you share my belief that we all have a personal responsibility to stop violence. There is no one big solution. But there is you and me and others in Anoka County who care. Join me Sept 15 to increase our knowledge and learn how we can incorporate the State's campaign materials in our work. Sincerely, ~~~ Margaret Langfeld P .S. Spread the Word __ Enclosed are a few postcard invitations for you to share with other key people in your organization who are concerned about preventing violence in the workplace, at home and in our communities. FAX: 323-5682 Affirmative Action I Equal Opportunity Employer .~~\ TDDITTY: 323-5289 DATE September 2. 1997 ITEMS GIVEN TO THE CITY COUNCIL . Special Closed City Council Minutes - August 19, 1997 . City Council Minutes - August 19, 1997 . Special City Council Minutes - August 19, 1997 . Park and Recreation Commission Minutes - August 21, 1997 . Letter from Bill Nelson, Ham Lake Chamber of Commerce - August 15, 1997 . Memo from Scott Erickson - August 25, 1997 . Ordinance No. 223 . Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM THE NEXT AGENDA. , THANK YOU. <:.~. f\'ts. CJf~Jc;7 Ham Lake CHAMBER OF COMMERCE "We Mean Business" August 15, 1997 DECEIVED AUG 2 1 1997 C1TYu r M.1\lUClVER City of Andover 1685 Crosstown Boulevard NE Anoka, MN 55304 r Dear City Council Members: I am pleased to announce that the Ham Lake Chamber of Commerce has arranged An Evening with Senator Rod GrlUIlS, and I would like to extend an invitation to your Council and Staff to attend Wednesday, October 15th at Majestic Oaks in Ham Lake. The event is not a political fundraiser, The excess proceeds will be donated for a scholarship at St, Francis High School and to the North Anoka County Food Shelf. There will be an opportunity to meet Senator Grams at the 6:30 p.m. Social Hour. After dinner, Senator Grams' presentation will be followed by a question and answer session. Please distribute the enclosed flyer/registrations to your members or make mention of the event in your newsletter or announcements. The event is open to the public. You may call the Ham Lake Chamber at 434-3011 for more information, Sincerely, tit.:. ~ Wm. "Bill" Nelson, President 15544 Central Avenue N.E., Ham Lake, Minnesota 55304 . (612) 434-3011 3:)m~~o:) ~O m8~VH:) __:--- 3lfe'I men i,"., 's, 'The :J-{am La~ Cham6er of Commerce announces }In P,vening wit Ii \\ Senator 1@d grams f I ( tOrS'S' MWi fju7 UluH ''3JJ{; mU1Il.J(Ju.JtU1J PPS'H '1:J.muUlOJ!OR9Ul1l1jJ fjU7 UluH :Ot p,77Ul YUU):J1t]:J .Jno! ~n~ u~t.Jod SJ'lt 1SO):JU11stJ1]iJJ $ yasO}:JU'3) JV10,L $ $ $ $ $ $ $ $ 1S0J J3gUlnj6 3uoycD 3UlVj6 OO'S'U .J.a9UJ3Ul.-uoM .fOO'OZ$ ..l3gW3U/. 3J.J.aWWOJ fo ..l3gWVYJ 3"?J'D'J W'DJC UO!1-Vru3S3}Jj SUlV..lfJ pcf[p ..101-VU3S Y1-.un 9U!U3tt3j uz{ jjays yoofJv:JO} 3Y1 01 yuv dJYSJVjoY:JS V JOf 3:JJ3UlUlOJ fo J39UlVyJ 3)V'J UlV}C aY1 [9 Y31VUOY 39 JJytt sy33:JOJd SS3:JX'3) '.l3SJVJYUnfJV:JJ1yod v 10U SJ 1U3tta SJ1j,L '3J9VJ!VtJ,V }p.1s SJ. 8u!1V3S fi 33S 011Sl J390PO J31/VJO 'uo,l11JUUOfU! 3JOUl.wf'1ljfJJ3JOfs3J9V13111Jodlo:l 3rLJ3S3.l 01ll0f-PfP 111J39lUU1JJ 3Ij1JlVJ t'OfS'S' MP6 fay'D'J W'DJC 3J}I; mU3t1.I(J'D..l1Ui1J t't'S'S'l i1J..l3U/.woJ fa ..l3gWVYJ ayrJJ W'DJC :01 3J9u(Vc! 3]JUUl ~:l3Ij:l 1j1,un Wof U('!1l1rLJ3S3J )WWi '1S l J390PO (9 mp 3.111 SUQJ1VrLJaS3J YJl1thJ.({) 'S.l39lU3Ul-UOU olOf OOTl$ puv 'OO'OZ$ SJ. S.l39lU3Ul 3:1J3UlUlOJ fa ol39UlU1JJ i1?JU'J UlV%.wf :lSoJ SJ3MSUl1 pull suQJ1smb olOf p3ttWJJV 39Jl!h13Ul!L 31upd(1 U018u!1jSf1~ ,SUll1olfj ol01UU3S' (9 p3ttWJJofJ3UU!(JJ 'W'd Or:L S3.l1JJ1.30 y SJ01J (zV1U3U1.ydlUO:l PUl1JV9 IjSf1J olno% )t7p0S' .wl1JU3S' 3Ij1133J1{j 'W'd Of:9 i1?Jv':J UlV% 'm polvtJ.3]nof[) i1?Jf1':J ~nf[) lOL - wnoJ jjofj ~f10 :J!:lS3fvJI{j 1V L66l (lj1SJ ;a901:10 (vysauyattt MEMORANDUM DATE: TO: FROM: RE: August 25, 1997 Mayor and City Council ~ Scott Erickson, City Engineer~ Geographic Information System (GIS) Status Update As the Council may recall the City of Andover is currently in a Joint Powers Agreement with the cities of Fridley and Columbia Heights for providing GIS services for the cities. We have contracted with Plan Sight who is currently providing these services for all three cities. Each city receives an equal allotment of time from plan site for the development of their respective GIS systems. Items and tasks which are complimentary to all three cities are shared between the cities to provide economies and reduce redundancy of tasks. To- date this approach has been working very well and we are successfully developing a GIS system for the city. The digital basemap is currently being brought up to date and data is being stored by the city and obtained from other agencies (and the internet) to be utilized by this system. The GIS system is currently being utilized by the City Planning Department in the redevelopment of the City's comprehensive plan. Attached are a few of the maps that have been created by the system (see attached). After you have had a chance to review the sample maps take a few minutes to think of the endless planning issues that can be evaluated through the database and mapping capabilities. Any information that is currently in a database format or can be put into a database can be evaluated and mapped by this system. If you have any thoughts or ideas on information you would like to see displayed or would like to take a look at the system let us know. II I: I ' Minnesota 1:--- 11) Park hours are 6:00 AM to 1 ':Of? P,M. everyday. 12) All tral/sare' ;;P;;'f~-; biking and~~;;~ :.;;;;" :~-: -;- i cover permits. cross-country skiing. Extra caution must ' ! be exercised while using the mUlti-purpose trails. I, IS) I I. 14) i- I' , I' .- , l j.. ~~ WELCOME TO KELSEY- ROUND LAKE PARK I f ,~ .f , l ,~ \ City or Andover All skiers are required to have a current Minnesota Sate Ski Pass before skiing these trails, The sid trails are not groomed, l'.., ~ l'.., '" Cl ~ Cl S "-i ~A -' ~1t1'd r .; E1\ .~~ W ....).;~ 5'\. . ~ '8.'0, \U' Polhwa d ,,b , (F.'::~"',~ i.j) \~;Mb: .' .~TT%'(""/ "~;!~~0~' ~ .~,llfi[[I:~J~~~~_" -'~4l: $..... .~'\' j.J ":1"7 V _.'~ ",:; Benches .. .. -. I'h"~'~""~, i' '.....J.>t;' c <} I J' - - I ..;.....--. (illEr" '\ *:}~" i Q \~~!~ ,.Cu ~ /-. 't-.:... tcf : \~luP Path~ayl -.........--......-...-...........'" ,\ \ j .f / // Alcohol. firearms, motorized vehicles and obscene language are not permitted. Pets must be kept on a leash or under control at a1/ times. " ,-'- I Pathway I ~~ Q I ,I I / ( I I , \ \ \ \0 J ~~ "" - ","-y "~-,---_./ ,,)\i Q ~ ROC/XD LAKE 149TH AVENUE ....r-t , \ \ '. >J~':"''''- A.:.&~.I;r ':;ty4}...L_ ft.~.'(':...,..-.-.,5,,.(. ....'It ,y1.:.w_,_~..._"....-.uJ:'''4 .~.,":.l ,"5.-.\' <J :i:..rQ a!;'=1.~~_:1w-- 1:"0 Cept ~1:'JjA-...J._~"'€,.....~.-~, :l':t.....v--0-<";::::"f' Trails I Type: _I ~Brrl~!lNot:S '. v. CLASS IV /. ',/. WOOD CHIP . .~., X-COUS1RY SKI ~:".{' BOARO\\'ALK Park Features: /tt~_. ~=:L.h a ....~n o r.h.!IhI !"";J]W<>o>doIWo&!s.J 1 . ~ -..-dl.. ~-~----~--- ,v A. ""ft 000 4>,;.(1 ".. " !!I'O) kEiSE1: - ROUND IJAKE PARK I r LOC^lO~~ ; . .~ .,'.. ;..":_ r ,-; " ( , ~ -I . . ~. - -.. . ~ ~..;. f': . -r ' : . .' i' ';.: ~ . .... C.S.A.H 20 . "-.-., . ::J: ~ ~ o . , . .,' BUNKER LAKE BOULEVARD I C.S.A.H. 16 i . -' c'l i~r-'1'-~ ~ <i-- ill I ~' 11\ " I llllil' +, 1Z:",c~. IlTv f I 1})T ~ , fo- ''"" " iJ f= f- f-:. r/6" r - '- ;Ii; ~. '."< '.<;;.'~ ~I ,.,.,:-, -...' \;, "'J ," 11, If. t~~Ii:$~ -L ,l~,lll' h IJ ' ,,' II L\ I b . '.l'" \.... .l.- ~ , r:~- '- ~"'I= .1.' I -- ,'P .:-er.~ "'.' ,. ... .",.' ,.'-..1..\. '~~"''''''' '..'.J-h_ ... 1\-,-. '.' r-'" lr- I~, F -,~" 1"" P )f I 1.1" III 'rIlIllll- J ~ ' .Ii .~!)<. ~ I~] 11n' rJI'H11 ~ ~p ~~ CD H ss i ~ ~ ... ... ~~ O ~ ,. : 0 ~ ~ If ~~S':' ~ <;> ~Ei'B: 1 1 i. Ii i Ild ( I iUH ~ . h ': if if"!:' 1 If" i irl;' f , Ii' ~ J! > t ~ ~ !4~ ~ . > ~~~~~j~~$i5il~ ::!~ S;~~e$::;wx~~'1 8 · h~~i ~ i i~~~ i I if . i S 5 ~ l I a " il ~ :;;; ..... - .' ;0 ........ ~ - ~ '" - -jl .",' C;' ,! ~l::"\L' .' 'I'- ! . I'<-. ~>!I"",'~'~ R~ ~Jl"'i'! '~, ~'.~EI ~h \~ ! r-? n,l, em: 'T it .C, h'. . I .1 ' "i..' '.' 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AN ORDINANCE FOR THE CONTROLLING OF.BLUFFLAND AND RIVERLAND DEVELOPMENT IN ORDER TO PROTECT AND PRESERVE THE SCENIC, RECREATIONAL, NATURAL, HISTORICAL AND SCIENTIFIC VALUES OF THE RUM RIVER IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 1. Policy and Authorization. An ordinance for the controlling ofbluffland and riverland development in order to protect and preserve the scenic, recreational, natural, historical and scientific values of the Rum River in Andover, Minnesota, in a manner consistent with Minnesota State Statutes and the Management Plan for the Rwn River, ;' Section 2. Purpose. The purpose of this ordinance is to: (1) Establish a Scenic River District along the bluffland and shoreland of the Rwn River as required by the Management Plan for the Rwn River, (2) Regulate within the Rum River District, a land use district, the area of lot, and the length ofbluffland and water frontage suitable for building sites. (3) Regulate the setback of structures and sanitary waste treatment facilities from blufflines and shorelines to protect the existing and/or natural scenic values, vegetation, soils, water quality, floodplain areas, and bedrock from disruption by man-made structures or facilities. (4) Regulate alterations of the natural vegetation and topography. (5) Maintain property values and prevent poorly planned development. (6) Conserve and protect the natural scenic values and resources of the Rwn River and to maintain a high standard of environmental quality. , . , (7) To comply with Minnesota State Statutes and the Management Plan for ." the Rwn River. Section 3. General Provisions. The jurisdiction of this ordinance shall include all lands designated within the Rwn River land use district within the jurisdiction of Andover as defined in the Management Plan for the Rwn River, The use of any land within the Rum River land use district; the size and shape of lots; the use and location of structures on lots; the installation and maintenance of water supply and waste disposal facilities; the filling, grading, lagooning, or dredging of any river area; the cutting of vegetation or alteration of the natural topography within the district; and the subdivision ofIand shall be in full compliance with the terms of this ordinance and other applicable regulations. Permits from the City of Andover are required by this ordinance and other applicable ordinances for the construction of buildings, public or private water supply and sewage treatment systems, the grading and filling of the natural topography and erection of signs within the Rum River land use district. It is not intended by this ordinance to repeal, abrogate or impair any existing easements, covenants, deed restrictions, or land use controls. Where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, and shall not be deemed a limitation or repeal of any powers or rights granted by Minnesota Statutes, / '\ / It is hereby declared to be the intent of the City that several provisions of this ordinance are separable in accordance with the following: I) If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. 2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment. Section 4. Definitions. For the purpose of this ordinance, certain terms and words are hereby defined as follows: Agricultural Use: the use of land for the production of food or fiber, their storage on the area, and/or raising thereon of domestic pets and domestic farm animals, /- '\ 2 \ ) Blt!.lfline: a line along the top of a slope connecting the points at which the slope becomes more than twelve (12) percent. This applies to those slopes within the land use district which are beyond the setback provisions from the ordinary high water mark, Building Line: that line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions, Camoground: an area accessible by vehicle and containing campsites or camping spurs for tents and trailer camping, Clear-cutting: the removal of an entire stand of vegetation. Commissioner: the Commissioner of Natural Resources, Conditional Use: a use of land which is permitted only when allowed by the local governing body after a public hearing, if certain conditions are met which eliminate or minimize the incompatibility with other permitted uses of the district. '\ Essential Services: underground or overhead gas, electrical, stream or water distribution systems; collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alann boxes, traffic signals, hydrants and other similar equipment and accessories in conjunction therewith; but not including buildings or transmission services, / Forestry: the use and management, including logging, or a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of wood roads, skidways, landings, and fences, Hardsltip: as used in connection with a variance under this ordinance, the property in question cannot be put to a reasonable use under the conditions allowed by this ordinance, Economic considerations alone shall not constitute a hardship if any reasonable use for the property exists under the terms of this ordinance, LslJ.: a lot shall be considered to be an individual building site which shall be occupied by no more than one principal structure equipped with sanitary facilities, together with such open spaces are as required under the provisions of the Zoning Ordinance, having not less than the minimum area required by the Zoning Ordinance for a building site in the district in which such lot is situated and having its principal frontage on a public street. Mining: all or any part of the process involved in the extraction of minerals by removing the overburden and extracting directly from the soils, clay, stone, sand and gravel and other similar solid material or substance deposits thereby exposed. , I 3 Minerals: soil, stone, clay, sand, gravel and other similar solid material or substance to be mined from natural deposits, , , Mobile Home: a housing unit designed for transportation after fabrication on streets and highways on its own wheels or on a flatbed trailer to the site where only minor assembly operations are necessary. Modular Home: a non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing it to the site, and built to meet or exceed the Uniform Building Code. Nonco'!forminr Use: any use established before February 3, 1981 which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use, Ooen Space Recreation Uses: Recreation use particularly oriented to and utilizing the outdoor character of an area; including hiking and riding trails, primitive campsites, campgrounds, waysides, parks and recreational areas. Ordinary High Water Mark: a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial, In areas where the ordinary high water mark is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs, r \ Planned Unit Development: a development having two (2) or more principal uses or structures on a single parcel of land and developed according to an approved plan, Primitive Campsites: an area that consists of individual remote campsites accessible only by foot or water. Screened: when a structure is built or placed on a lot or vegetation is planted such that when the structure is built it is visually inconspicuous as viewed from the river during the summer months, Visually inconspicuous means difficult to see or not readily noticeable in summer months as viewed from the river. Selective Cutting: the removal of single scattered trees, Setback: the minimum horizontal distance between a structure and the ordinary high-water mark or lot line, bluffline, or street. Distances are to be measured from the most outwardly extended portion of the structure, '\ 4 \ J Sewage Treatment System: any system for the collection, treatment and dispersion of sewage including but not limited to septic tanks, soil absorption systems and drainfields. Single Fami(v Dwelling: a detached building containing one dwelling unit. Structure: any building, sign or appurtenance thereto, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, or gas lines, including towers, poles, and other supporting appurtenances, and fences used to control livestock or delineate boundaries. Subdivision: improved or unimproved land or lands which are divided for the purpose of ready sale or lease, or divided successively within a five (5) year period for the purpose of sale or lease, into three (3) or more lots or parcels ofless than five (5) acres each, contiguous in area and which are under common ownership or control. Substandard Use: any use within the land use district existing prior to February 3, 1981 which is permitted within the applicable land use district but does not meet the minimum lot area, length of water frontage, structure setbacks or other dimensional standards of the ordinance, Variance: any modification or variation of official controls where it is determined that by reason of exceptional circumstances, the strict enforcement of the official controls would cause wmecessary hardship. / Wetland: land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp, or marsh. Section 5, Land Use District Provisions, In order to preserve and protect the Rum River and its adjacent lands which possess outstanding scenic, recreational, natural, historical, scientific and similar values, the Rum River in Andover has been given the Scenic River classification and the uses and classification of this river and its adjacent lands are hereby designated by land use zoning districts, the boundaries of which are based on the Management Plan for the Rum River. The boundaries of the Rum River Scenic land use district are shown on the map designated as the Andover Official Zoning Map, which is made a part of this ordinance and is on file, In case of conflict between the map and the property descriptions in the Management Plan for the Rum River, the latter shall prevail. Minimum District Dimensional Requirements The following chart sets forth the minimum area, setbacks, and the requirements of the Rum River Scenic River District: / 5 3) 4) 5) 6) 7)* 8) 9) 10) 11) I) Minimum Lot Size a) Riparian 10ts.....,....,....".....,.,..............,.......,...,.4 acres b) Non-riparian lots....,..,.....,....,......,............,.......2_ 1/2 acres Lot width at building line for lots ofrecord.............................300' a) Newly created lots......,......,................,.............300' Lot width at ordinary high water mark..,............,..,............ ,..,..3 00' Building setback from ordinary high water mark,......,............. I 50' Building setback from bluffiine.........,..,...............,..,........,....,....30' On-site sewage treatment system setback from ordinary high water mark,........................,............,........,....,..... 100' Maximum structure height.,.....,.....,. ,............. '.... '........... ....... ,... ,3 5' Controlled vegetative cutting area (See Section 8) a) Setback from ordinary high water mark............ 150' b) Setback from bluffiine.........................,......,...."..30' Sideyard setback from street (comer lot),....,..,........,..........."..,...30' from interior lot line,........,.."....,......"..,.......... 1 0' Front yard setback (building line closest to street)"........."...."....40' Lot depth from high water mark"..,......"................,..................250' , , 2) * This requirement shall not apply to buildings used primarily for agricultural uses. On the Cedar Creek tributary designated in the Management Plan for the Rum River the following setbacks also apply within the land use district: / '1 I) Building setbacks from ordinary high water mark ..,.."..............100' 2) On-site sewage treatment system setback from ordinary high water mark.........".."....,...."...,...............,......."......, 75' 3) Controlled vegetative cutting area setback from ordinary high water mark (See Section 8)................,....,..,....,..... I 00' No structure shall be placed on any slope greater than 12% (12 feet vertical rise in 100 feet horizontal distance) unless such structures can be screened from river view with natural vegetation, where practicable, sewage disposal system facilities can be installed so as to comply with the Sanitary Provisions of Section 7 and the building pennit applicant can prove to the City Council that any potential erosion or sedimentation problems related to locating such a structure either do not exist, or that adequate measures will be taken to prevent such problems through special construction methods. No structures shall be placed in any floodway. Structures proposed within a floodplain shall be consistent with the City of Andover and/or statewide Standards and Criteria for Management of Flood Plain Areas of Minnesota. Lots record in the Office of the County Recorder which meet all legal requirements of the City of Andover prior to February 3, 1981 but do not meet the dimensional requirements of this ordinance shall be allowed as building sites, provided: such use is pennitted in the , \ 6 \ / land use district; the lot was in separate ownership prior to February 3, 1981; and all sanitary and dimensional requirements of this ordinance to be complied with as far as practicable. If in a group of contiguous lots under single ownership, any individual lots does not meet the lot width requirements of this ordinance, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination ofIots will equal one (I) or more parcels ofIand each meeting the lot width requirements of this ordinance, except that such lots which meet or exceed 60 percent or more of the lot width standards of these regulations may be considered as a separate parcel of land, for the purpose of sale and development, if on-site sewage disposal systems can be installed so as to comply with these regulations, Section 6. Uses Within The Land Use Districts. The purpose of establishing standards and criteria for uses in the Rum River land use district shall be to protect and preserve existing natural, scenic, historical, scientific, and recreational values to maintain proper relationships between various land use types, and to prohibit new residential, commercial, or industrial uses that are inconsistent with the statewide standards and criteria for Wild and Scenic Rivers and the Management Plan for the Rum River. / Permitted and Conditional Uses. In the following tables of uses: "P" means Permitted Use; "c" means Conditional Use, Certain of the following uses are subject to the Zoning Dimension Provisions and Sanitary Provisions of Section 5 and Section 7, All of the following uses are subject to the Vegetative Cutting Provisions of Section 8: I) Governmental campgrounds, subject to management plan specifications and approval of the Commissioner..,.......................,..,....................,P 2) Private campgrounds, subject to management plan specifications and the provisions of Section 10 (Certification)...........,.........."...............,...."..,....C 3) Public accesses, road access type with boat launching facilities subject to management plan specifications & approval of the Commissioner.."......,..."..,........,."""."."",...,..,.,.'..,..',.,.,."..,.."."'.',.,,..,..,....,,.""",P 4) Public accesses, trail access type, subject to management plan specifications and approval of the Commissioner,............,................"..,.........,..,..P 5) Temporary docks........................ "..... '...........,.... ....... """,............."..........., ........ ....C 6) Other governmental open space recreational uses, subject to management plan specifications and the approval of the Commissioner..,.""....",."...,.,."".,...",.."..,.............,....."",.".",'.........,,'.."....."".,.,.P 7) Other private open space recreational uses, subject to management plan specifications and the provisions of Section 10 7 (Certification),..."..,.,.... ,.".. '.'". "".. ,,'.... ,. """.. '" '..",.". "".. .". .,.. ",.. "",.. '....". ",. ..... C 8) Agricultural uses.,....,.,.. ,..,.. ,........................,.................,.... ,..,........ ..,..,.......... ...... ,..P 9) Single family residential uses, except mobile and modular homes",..,.".,..",..""...",.."...,."",......,..."....".",..""."."..",.."",....."".".""P I 0) Forestry uses.......,.".,.,.....,. ,...,....,.....,........ ,.......,.....,. ,.. ,.... '..............,............ ".. ......P 11) Essential services.......,....,. ...,..,............... ..,........,.............. ,...,....... ....,.................. ,..,P 12) Sewage disposal systems,........,.........,.......... ,...........,.......... ,..,.........".... ........ .." ,....P 13) Private roads and minor public streets......."..,..............."..............,......,......,.....,..,..P 14) Signs approved by federal, state, or local government which are necessary for public health and safety; and signs indicating areas that are available or not available for public use"............................,..........,......,....P 15) Signs not visible from the river that are not specified in (14, above)..,.............,.....P 16) Governmental resource management for improving fish and wildlife habitat; wildlife management areas; nature areas; accessory roads. ",. ",'."."... .",.. ",,'..... ."""".,.. ..". '.".. ,.. "". .,... ,,'" .,.,. """.. .."". ",'... ,P 17) Underground mining that does not involve surface excavation in the land use district......................,....",....,.......,........"......"......,..,....C 18) Utility transmission power lines (60KV through 199KV) and pipelines, subject to the provisions of Section 8,......,...........,.......,.............,....C 19) Public roads, subject to the provisions of Section 8......,.................................,.......C All uses not listed as permitted or conditional uses shall not be allowed within the applicable land use district without review and approval of the City Council and Commissioner of Natural Resources, " '\ ) Section 7, Sanitary Provisions, Any new dwelling intended for human occupancy must provide for an adequate method of sewage treatment. Public or municipal collection and treatment facilities must be used where available and feasible. Where public or municipal facilities are not available, all new on-site individual sewer treatment systems shall conform to the minimum standards and administrative procedures set forth in other applicable local ordinances, the minimum standards of the Minnesota Pollution Control Agency (Individual Sewage Treatment Systems Standards) and Section 5 of this ordinance. No person, firm or corporation shall install, alter, repair or extend any individual sewer disposal system or private well without first obtaining a permit for such action from the City of Andover for the specific installation, alteration, repair, or extension. Prior to issuance of any such permit, the City of Andover shall require that percolation rate tests and, at the discretion of the Building Official, soil boring tests be done on the proposed site for an individual sewer disposition to determine whether or not the site is capable of supporting a conforming sewage treatment system, , 8 , ) Any new public or new private supply of water for domestic purposes must conform to Minnesota Department of Health standards for water quality and the administrative procedures of other applicable local ordinances, Section 8, Landscape Alterations, The vegetative cutting provisions shall apply to those areas specified in Section 5 of this ordinance, The following are general provisions, within designated setback areas: I) Clear cutting, except for any authorized public services such as roads and utilities, shall not be permitted, 2) Selective cutting of trees in excess of four (4) inches in diameter at breast height shall be permitted providing cutting is spaced in several cutting operations and a continuous tree cover is maintained, 3) The cutting provisions as stated above, shall not be deemed to prevent: a) The removal of diseased or insect infested trees, or of rotten or damaged trees that present safety hazards, b) Pruning understory vegetation, shrubs, plants, brushes, grasses, or from harvesting crops, or cutting suppressed trees or trees less than four (4) inches in diameter at breast height. Clear cutting anywhere in the designated land use district on the Rum River is subject to the following standards and criteria: 1) Clear cutting shall not be used as a cutting method where soil, slope, or other watershed conditions are determined by the City Council to be fragile and subject to severe erosion and/or sedimentation. 2) Clear cutting shall be conducted only where clear cut blocks, patches or strips are, in all cases, shaped and blended with the natural terrain, 3) The size of clear cut blocks, patches or strips shall be kept at the minimum necessary, 4) Where feasible all clear cuts shall be conducted between September IS and May 15, Ifnatural regeneration will not result in adequate vegetative cover, areas in which clear cutting is conducted shall be planted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring, , ,. 9 Grading and filling work done within the designated land use district of this ordinance shall require a permit and shall comply with the following: I) Grading and filling of the natural topography which is not necessary to a permitted or conditional use shall not be permitted in the land use district. 2) Grading and filing of the natural topography which is accessory to a permitted or conditional use shall not be conducted without an approved grading and filling permit from the City. A grading and filling permit may be issued only if the conditions of Section 8 are properly satisfied. 3) Grading and filling of the natural topography which is necessary to a permitted or conditional use shall be performed in a manner which minimizes earthmoving, erosion tree clearing, and the destruction of natural topography, 4) Grading and filling in of the natural topography shall also meet the following standards: a) The smallest amount of bare ground is exposed for as short a time as feasible. Temporary ground cover such as mulch is used and permanent ground cover is planted, Methods to prevent erosion and to trap sediment are employed. Fill is stabilized to accepted engineering standards. J - -'\ b) c) d) , , Any activity which will change or diminish the course, current or cross-section of any public waters, including but not limited to, filling, excavating or placing of any materials in or on the beds of public waters is prohibited unless authorized by a previously obtained permit from the Commissioner of Natural Resources pursuant to Minnesota Statutes, Public waters shall be defined in Minnesota Statute. Drainage or filling in of wetlands is not allowed within the land use district designated by this ordinance, All utility transmission crossings of land within the Rum River land use district shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of Minnesota Statutes. With respect to electric power utility transmission crossings, a conditional use permit shall be required for crossings of 69 kilo-volts thru 199 kilo-volts, No conditional use permit shall be required for high voltage (200 kilo-volts or greater) transmission lines under control of the Environmental Quality Board pursuant to Minnesota Statutes. However, lines of 200 kilo-volts or more which are exempt by the Environmental Quality Board shall require a conditional use permit. " \ 10 , I In addition to such permits as may be required by Minnesota Statutes, a conditional use permit shall be required for any construction or reconstruction or public roads within the Rum River land use district. Such construction or reconstruction shall be subject to the standards and criteria of Minnesota Statutes, and City Street and Road Standards as adopted by the City Council. A conditional use permit is not required for minor public streets which are streets intended to serve primarily as an access to abutting properties; however, shall be constructed or reconstructed to comply with City Street and Road Standards. Public roads include township, county, and municipal roads and highways which serve or are designed to serve flows of traffic between communities or other traffic generating areas, Section 9, Su bdivisions. No land shall be subdivided which is determined by the governing body, or the Commissioner, to be unsuitable by reason of flooding, inadequate for development, severe erosions potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the community. Percolation-rate tests and soil boring tests shall be required as deemed necessary by the City Building Official, to be done by the subdivider and their results submitted to the City Council to assure that each lot in the proposed subdivision is capable of supporting a sewage treatment system of the type recommended by the Minnesota Pollution Control Agency's standards for individual sewage treatment systems, A Planned Unit Development may be allowed only when the proposed clustering provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands, and other features of the natural environment than traditional subdivision development. Except for minimum setbacks and height limits, altered dimensional standards may be allowed as exceptions to this ordinance for planned unit development provided: 1) Preliminary plans are approved by the Commissioner prior to their enactment by the governing body. 2) Central sewage facilities are installed which meet the standards, criteria, rules or regulations of the Minnesota Department of Health and the Pollution Control Agency, 3) Open space is preserved. This may be accomplished through the use of restrictive deed covenants, public dedications, granting of scenic easements, or other methods. 4) There is not more than one centralized boat launching facility for each planned unit development. 11 Section 10, Administration. '. The provisions of this ordinance shall be administrated by the City Council. The City Council shall act upon all questions as they arise in the administration of this ordinance; to hear and decide appeals; and to review any order, requirements, decisions or determination as provided by Minnesota Statutes. Permit fees and inspection fees shall be established by resolution of the City Council and shall be collected by the City for deposit with Andover and credited to the general fund. Uses which are prohibited by this ordinance but which are in existence prior to the effective date of this ordinance shall be non-conforming uses, Such uses shall not be intensified, enlarged, or expanded. All private sanitary sewer systems inconsistent with the performance standards of Andover's Sanitary Sewer Ordinances and the minimum standards of the Minnesota Pollution Control Agency and the Minnesota State Plumbing Code within the Rum River Scenic River District shall be brought into conformity or discontinued within the time frame specified in Ordinance No, 221. All uses in existence prior to February 3, 1981 which are permitted uses within the newly established land use district, but do not meet the minimum lot area, setbacks or other dimensional requirements of this ordinance are substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exceptions: . \ / 1) Any structural alteration or addition to a substandard use which will increase the substandard setback shall not be allowed. 2) Where a setback pattern from the ordinary high water mark has already been established on both sides of a proposed building site, the setback of the proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply to lots which do not meet the minimum lot width requirements in Section 5, The granting ofa variance requires the presence of the following conditions. 1) The strict enforcement of the land use controls will result in unnecessary hardship. 2) Granting of the variance is not contrary to the purpose and intent of the zoning provisions herein established by these standards and criteria, and is consistent with Management Plan for the Rum River, 3) There are exceptional circumstances unique to the subject property which were not created by the landowners. . '\ 12 4) Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located, 5) Granting of the variance will not alter the essential character of the locality as established by the Management Plan for the Rum River. Copies of all plats within the boundary of the Rum River land use district shall be forwarded to the Commissioner within ten (10) days of approval by the City Council. Approval of a plat which is inconsistent with this 'ordinance is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal. All inconsistent plats approved by the City of Andover must be certified in accordance with Section 10 of this ordinance. This ordinance may be amended whenever the public necessity and the general welfare require such amendments by the procedure specified in this section. Amendments to this ordinance must be certified by the Commissioner as specified in Section 10 of this ordinance. Amendments of this ordinance may be initiated by a petition to the Planning and Zoning Commission or by action of the City Council. An application for an amendment shall be filed with the City of Andover, Upon receipt in proper form of the application and other requested materials, the Planning and Zoning Commission shall conduct a public hearing in the manner prescribed by Minnesota Statutes. Within sixty (60) days following the public hearing, the City Council shall make a report of its recommendations on the proposed amendment and shall file a copy with the Commissioner, Certification from the Commissioner must be obtained as specified in Section 10 before the proposed amendment becomes effective, A copy of all notices of any public hearing is not required, a copy of application to consider issuance of a conditional use permit shall be received by the Commissioner at least thirty (30) days prior to such hearings or meetings to consider issuance of a conditional use permit. A copy of the decision shall be forwarded to the Commissioner within ten (10) days of such action. Conditional Use Permits relating to private or commercial recreational development must be certified in accordance with Section 10 of this ordinance. r 13 Certain land use decisions which directly affect the use of land within the designated land use district and involve any of the following actions must be certified by the Commissioner (Section 10): "\ 1) Adopting or amending an ordinance including rezoning of particular tracts of land. 2) Granting a variance from a provision of this ordinance which relates to the zoning dimension provisions of Section 5 of this ordinance or any other dimension provisions established in the Management Plan for the Rum River. 3) Approving a plat which in inconsistent with the ordinance, 4) Granting a conditional use permit for a private or commercial recreational development. Certification Procedure is as follows: 1) A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances, or inconsistent plats under local ordinance shall be received by the Commissioner at least thirty (30) days prior to such hearings or meetings to consider such actions. The notice of application shall include a copy of the proposed inconsistent plat, or a description of the requested variance, . \ / 2) The Andover City Council shall notify the Commissioner of its decision on the proposed action within ten (10) days of the decision. 3) The action becomes effective when either: a) The final decision taken by the City of Andover has previously received certification of approval from the Commissioner; or b) The City of Andover receives certification of approval after its fmal decision; or c) Thirty (30) days have elapsed from the day the Commissioner received notice of the final decision, and the City has received from the Commissioner neither certification of approval nor notice or non-approval; or d) The Commissioner certifies his or her approval within thirty (30) days after conducting a public hearing. '\ 14 4) In case the Commissioner gives notice of non-approval of an ordinance, variance or inconsistent plat, either the applicant or the City Council may within thirty (30) days of said notice, file with the Commissioner a request for hearing, If the demand for hearing is not made within thirty (30) days, the notice of non-approval becomes fmal. Where a hearing is requested it shall be: a) The hearing will be held in the City of Andover within sixty (60) days of the demand and after at least two (2) weeks published notice. b) The hearing will be conducted in accordance with Minnesota Statutes. c) The Commissioner shall certify his or her approval or disapproval of the proposed action within thirty (30) days of the hearing, The following table summarizes the permit and certification process within the land use district designated by this ordinance. Land Use District Permits Action Necessary Building Permits ....,.. '................,. ,....,..... ....................... ,.......,.... '..... ......LP Sign Construction Permits .."..,...."....,........,.....................................,....,LP Septic Permits .,.........,. .........,........,................. ..,..,....,. "...........,..,......... ..LP Water Supply Permits ..,......,.."........."..,........,....,....."..,.....,......,.....",....LP Grading, Filling Permits ............."........,............................,..,....,............LP Conditional Use Permits, General Conditional Use ,....,..................PH-FD Conditional Use Permits for Private recreational developments . .............. ..,..... ,..,........ ,............., .PH -CC Amendments to Ordinance ..........,.................,......."...,......,..,...".,..,PH-CC Amendments to District Boundary ..,............".................................PH-CC Inconsistent Plats ... '.... ,....,.......... ,..... .............. ....... ,... .."............... ...PH -CC Planned Unit Development ...,...."..,........................""................,....PH-CC Variances ..............................,......",...................,.............,.........."...PH- W A Plats ,......,........,........,.............,..........,....PH (notification not required) -FD LP- Permit issued by the local authority in accordance with this ordinance and all other local ordinances. CC- Certification by the Commissioner of Natural Resources prior to final local approval. PH- Public hearing necessary by all local authority giving thirty (30) days notice of the r hearing to the Commissioner of Natural Resources, 15 FD- Local authority forwards any decisions to the Commissioner of Natural Resources within ten (10) days after taking final action, W A- The Commissioner of Natural Resources shall submit, after notice of public hearing and before the local authority gives preliminary approval, a written review and approval or denial of the project. Section 11. Enforcement. It is declared unlawful for any person to violate any of the terms and provisions of this ordinance, Violation thereof shall be a misdemeanor and shall be punishable as provided under State law. Each day that a violation is permitted to exist shall constitute a separate offense. In the event of a violation of this ordinance, the City Councilor the Commissioner of Natural Resources, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, or abate such violations. Adopted by the City Council of the City of Andover on this l.2th day of Au~ust, 1997. A TIEST: CITY OF ANDOVER ~-'1 ~(la Victoria V olk, City Clerk . ~. )f!~k:. , , 16 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Date September 2. 1997 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance Shirley Clinton lITEM NO. Schedule of Bills REQUEST: The Andover City Council is requested to approve total claims in the amount of$ 364.662.41. BACKGROUND: Claims totaling $ 96.202,41 on disbursement edit list #1 dated 08/26/97 have been issued and released. Claims totaling $ 268.460,00 on disbursement edit list #2 dated 09/02/97 will be issued and released upon Council approval. Date: 09-02-97 Approved By: "'''' . . "''' . . ><: . . 00. . . 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