HomeMy WebLinkAboutCC - June 19, 2012DOVEit'@�
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
Regular City Council Meeting — Tuesday, June 19, 2012
Call to Order — 7:00 p.m.
Pledge of Allegiance
Resident Forum
Special Presentation — Center Point Energy Partnership Grant
Agenda Approval
1. Approval of Minutes (6/5/12 Regular; 6/5/12 Closed)
Consent Items
2. Approve Payment of Claims — Finance
3. Approve Lease Agreement with Anoka- Hennepin School District/2012 Andover Family Fun Fest —Finance
4. Approve Revisions to Dugouts /Sunshine Park - Engineering
5. Approve Easement /11 -10 /South Coon Creek Drive NW Reconstruction —Engineering
6. Approve Final Plat/Arbor Oaks — Planning
7. Accept Contribution/Sweet Toppings LLC/Hickory Meadows Park - Finance
Discussion Items
8. Anoka County Sheriff's Office Monthly Report — Sheriff
9. Consider Variance Request (12 -01) to City Code 13 -1 -3 Frequency of Splitting Lots at 15873 Linnet St.
NW - Planning
Staff Items
10. Reschedule August 7, 2012 City Council Meeting — Administration
11. Schedule EDA meeting— Administration
12. Schedule July Workshop— Administration
13. Administrator's Report —Administration
Mayor /Council Input
Closed Session: Public Works Union Negotiations Update
Adjournment
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Special Presentation — CenterPoint Energy
DATE: June 19, 2012
A representative (Scott Lehner) from CenterPoint Energy will be present at the meeting to
present to the City Council and Fire Department a CenterPoint Energy Community Partnership
Grant to be used for the purchase of tools and equipment for the major incident trailer.
13
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator O�z�
FROM: Michelle Hartner, Deputy City Cle
SUBJECT: Approval of Minutes
DATE: June 9, 2012
INTRODUCTION
The following minutes were provided by TimeSaver, reviewed by Administration and
submitted for City Council approval:
June 5, 2012
June 5, 2012
DISCUSSION
The minutes are attached for your review.
ACTION REQUIRED
Regular
Closed
The City Council is requested to approve the above minutes.
Respectfully submitted,
�
Michelle Hartner
Deputy City Clerk
Attach: Minutes
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REGULAR ANDOVER CITY COUNCIL MEETING — JUNE 512012
MINUTES
The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, June 5, 2012, 7:02 p.m., at the Andover City, Hall,; 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trude,,and Tony Howard
Councilmember absent: None
Also present: City Administrator, Jim Dickinson
Community Development Director, Dave Carlberg
Director Public Works /City Engineer, David Berkowitz
Others
PLEDGE OF ALLEGIANCE .
RESIDENT FOR UM
No one wished, to address the Council.
AGENDA APPROVAL
Mayor Gamache stated additional information had been included for Item #7 and Item #8.
Motion by Councilmember Trade,; Seconded by Councilmember Howard, to approve the Agenda as
presented with the additional information. Motion carried unanimously.
APPROVAL OF
May 15, 2012 Regular City Council Meeting
Councilmember Trade stated on page 3, Line 18, she would like to add "to support wildlife" to
the end of the sentence.
Councilmember Trade stated on page 6, line 22, page 6, after "diploma program" add
"coordinated with other school districts, the partnership of the Workforce Center with Adult
Education," and delete the phrase "through the Work Force Center and other school districts."
Councilmember Trade stated on page 7, line 5, the word "form" should be changed to "from."
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Regular Andover City Council Meeting
Minutes — June 5, 2012
Page 2
Motion by Councilmember Trude, Seconded by Councilmember Knight, to approve the May 15,
2012, Regular City Council Meeting minutes as amended. The motion carried unanimously.
May 15, 2012 Closed City Council Meeting
Motion by Councilmember Trude, Seconded by Councilmember Knight, to approve the May 15,
2012, Closed City Council Meeting minutes as presented. The motion carried unanimously.
May 22, 2012 City Council Workshop Meeting
Councilmember Trude stated on page 2, line 18 the first word should be changed to "Anyone."
Motion by Councilmember Trude, Seconded by Councilmember Bukkila to approve the May 22,
2012, City Council Workshop Meeting minutes as amended. The motion carried unanimously.
CONSENT ITEMS
Item 2 Approve Payment of Claims
Item 3 Approve Easement/l 1 -10 /South Coon Creek Drive NW Reconstruction
Item 4 Amend Fee Ordinance /City Utilities Search Fee (See Ordinance 419)
Item 5 Accept Contribution/Justin and Elizabeth Higgins /Hickory Meadows Park (See
Resolution R054 -12)
Item 6 Approve City Council Goals and Values/Progress Report
Item 7 Approve Resolution Amending Resolution No. 124 -07 to Amend Deferred
Assessment Terms for Project 07 -43 — Allen Property (See Resolution R055 -12)
Motion by Councilmember Bukkila, Seconded by Councilmember Knight, for approval of the
Consent Agenda as presented. Motion carried unanimously.
HOLD PUBLIC HEARING /ORDER PLANS AND SPECSIII- 471174TH AVENUE NW,
HEATHER ST. AND 173RD LANE NW
City Engineer Berkowitz stated the City Council is requested to hold a public hearing for Project 1I-
47, 1746' Avenue NW, Heather Street NW and 173rd Lane NW. A petition was received from the
neighborhood fronting the existing gravel roads and was accepted by the City Council at the January
3, 2012 City Council meeting. The petition was signed by ten (10) of the sixteen (16) affected
properties and ten (10) were all in favor of the project if the costs were determined to be feasible.
There are six (6) properties that did not sign the petition or were unavailable. Proposed
improvements would include widening the roadway corridor to have a 22 -foot wide paved surface
and concrete curb and gutter. A 5 -foot wide boulevard area would also be graded and cleared to
allow for snow storage, signage, and private utilities. Drainage would be handled by the proposed
curb and gutter and would flow to existing low points. Curb and gutter would result in less impact to
Regular Andover City Council Meeting
Minutes — June 5, 2012
Page 3
1 the neighborhood than construction of standard ditch sections. The total estimated cost to pave the
2 existing gravel roadways is $304,260 and includes construction costs, contingencies, and indirect
3 costs. The proposed project, depending on City Council direction, could be funded 100% by the
4 property owners or through the City's Road and Bridge Fund (50 %) and special assessments (50 %)
5 based on requirements set forth in the City's Assessment Manual. If there were a 50150 split, the
6 City's share of the project costs would be estimated at $152,130. The total estimated assessment
7 amount would be $152,130 and this would result in an assessment rate per unit of $9,510 for a 50150
8 split or $19,020 if there were no cost share by the City. At the public hearing the Council will need
9 to determine if the project should move forward as a petition project with less than 100% signed or a
10 City initiated project that will qualify for the 50/50 cost split. If approved to move forward, this
11 project would not be started until the 2013 construction season and could be combined with other
12 projects the City would be considering at that time.
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14 Councilmember Trude asked if this particular road segment is difficult for the City to maintain
15 due to the drainage problems.
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17 City Engineer Berkowitz stated this segment is similar to other gravel roads in the City to
18 maintain. There are approximately 6 -miles of gravel roads remaining in Andover and the City
19 spends approximately $5,000 per year, per road mile to maintain.
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21 Councilmember Howard asked if the six (6) homes that did not sign the petition were bank
22 owned or if these properties opposed the project.
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24 Motion by Councilmember Knight, Seconded by Councilmember Trude to open the public hearing.
25 The motion carried unanimously.
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27 Mayor Gamache opened the public hearing at 7:19 p.m.
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29 Mr. Cory Thode, 3104 174'h Avenue NW, Andover, stated of the six (6) remaining properties
30 they had been unable to get in touch with five (5) property owners and one (1) person was
31 uncertain about the project. There had been several attempts to follow up with these residents.
32 Three (3) of the properties are rental properties.
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34 Mayor Gamache asked if anyone present was against the proposed project.
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36 There was no one against the project.
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38 Mr. Thode explained the drainage problems experienced in the neighborhood and the areas that
39 collect water have become unsightly. When it rains there is significant runoff and collection of
40 water in low areas along driveways.
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42 Mayor Gamache asked if the addition of concrete curbs and gutters would alleviate the drainage
43 problems experienced in this neighborhood.
Regular Andover City Council Meeting
Minutes — June 5, 2012
Page 4
City Engineer Berkowitz explained the addition of curb and gutters will help to move the water
into collection areas and off driveways. As the project moves through the design phase the City
will also look at other drainage options such as rain gardens. The water would continue to be
drained into the current collection areas but curb and gutters would channel the water directly to
these locations.
7 Councilmember Trude explained she had driven through this neighborhood and there are several
8 driveways that sloped down and looked like they would flood when it rained. She stated there
9 are several gullies as well.
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11 City Engineer Berkowitz explained the storm water design would not alleviate all of the
12 problems but the City would work with the residents to determine what would be most effective
13 for the drainage issues.
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15 Mayor Gamache clarified the residents would like to see this as a City project with a 50/50 cost
16 split rather than a petitioned projected.
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18 Mr. Thode explained a 50150 cost split would be preferred and the residents would also like to
19 request the Council consider a 15 -year term rather than a 10 -year term.
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21 City Engineer Berkowitz explained the City's Assessment Policy use to have a 5 -year term but
22 due to recent economic conditions a 10 -year term had been approved in certain cases. The
23 Council could decide to increase this to a 15 -year term.
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25 Councilmember Bukkila explained if the term were increased to 15 -years then the interest rate
26 and the total amount of interest paid would be increased. The longer the term the higher the
27 interest rate that is charged.
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29 City Administrator Dickinson projected the interest rate for a 10 -year term would be 4% to 4.5%
30 based on recent rates the City has been able to offer. The interest rate would increase if the term
31 were extended beyond a 10 -year term.
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33 Councilmember Trude stated she would consider extending the term because this project in a full
34 construction project and is more expensive than the reconstruction projects the City has done.
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36 Councilmember Knight stated he would also consider extending the terms if this is what the
37 residents requested. He also suggested the residents consider rain gardens because these are an
38 inexpensive solution for drainage problems.
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40 City Engineer Berkowitz stated the Council could determine the term at this time but this could
41 also be determined later in the process when there would be more information available
42 pertaining to what will be included in the project. If the Council decides at this time, the
43 residents would be reassured the term would be extended but then information such as rate and
Regular Andover City Council Meeting
Minutes —June 5, 2012
Page 5
amount may affect this decision later in the process.
Mayor Gamache stated there is no benefit in determining the term at this time but clarified the
Council would be open to considering an extended term for this project.
Mr. Gordy Bovee, 3023 17461 Avenue NW, Andover, stated he would be supportive of this
project if the City offered a 50150 cost split.
9 Councilmember Trude stated the residents would like to have a commitment from the Council on
10 extending the term before moving forward with the project.
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12 Councilmember Bukkila asked if there were alternatives to addressing the water and drainage
13 issues that did not include constructing a road with curbs and gutters.
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15 City Engineer Berkowitz explained there may be other alternatives that would be less costly that
16 would rechannel the water but these may be more difficult and have a greater impact on the
17 residents. Staff could look into alternatives. The key to the success of the drainage problems
18 with the proposed project would be the construction of the curb and gutters and rain gardens. He
19 stated this is a non -paved road and this affects the quality of life for this neighborhood.
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21 Councilmember Knight pointed out the dust affects the marketability of the homes in the
22 neighborhood.
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24 Councilmember Trude stated the homeowners might have difficulty in marketing their homes
25 due to the gravel road.
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27 Councilmember Bukkila stated the marketability of a home is not the responsibility of the City
28 but rather of the individual homeowner and she is not convinced the residents of the entire City
29 should be responsible for paying to have this road paved. The City has done a 50150 cost split to
30 pave connecting roads in the past but this particular road only services these 16 properties.
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32 An unidentified resident stated large Connexus Energy trucks travel this road frequently and this
33 creates excessive dust problems for the neighborhood.
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35 Mayor Gamache asked if Connexus Energy had a parcel in the neighborhood.
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37 City Engineer Berkowitz stated Connexus had one (1) parcel in this neighborhood. He explained
38 of the sixteen (16) parcels there are ten (10) in favor of the project, one (1) parcel owned by
39 Connexus Energy, and three (3) rental properties. This leaves only two (2) properties that have
40 not provided input on the project.
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42 Councilmember Bukkila stated the City's policy states 100% of the properties need to petition
43 for the project. She would like to know what the remaining property owners thought of the
Regular Andover City Council Meeting
Minutes — June S, 2012
Page 6
project.
Unidentified Resident stated the property owner had been given several opportunities to voice
their opinion about the project but had chosen not to answer their door or attend any of the
meetings.
7 Councilmember Trude stated when the policy was adopted it had been determined there was
8 some community benefit with paving roads. She commented that when Don Jacobson and she
9 had worked on this policy with the Public Works Committee, the goal was to have everyone
10 living on a finished road with the exception of a few farm roads. This is a neighborhood of
11 families that want to see their property improved and there is a benefit back to the community.
12 There are rental homes currently in this neighborhood and this could increase if people are
13 unable to sell their homes in the future due to the gravel road.
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15 Councilmember Bukkila stated based on this then the City and all of the residents would be
16 asked to pay 50% of the construction costs for those roads that only serviced one (1) home. She
17 clarified she would like additional information on alternatives including prices prior to
18 committing the residents to paying to pave a street for sixteen (16) homes.
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20 Councilmember Trude stated the farm roads that are remaining are multiple miles long. The
21 Public Works Committee did look at these sections. The City is close to having all of the gravel
22 roads paved. These residents have worked with their neighborhood and the City's Engineering
23 Department. They have held information meetings and been around the neighborhood six (6)
24 times to talk to residents and get support for the project. She clarified after viewing the
25 neighborhood she thinks it is a hardship to have to deal with the drainage problems in this
26 neighborhood. She stated she would support the resolution to move forward with this project.
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28 Mr. Mark Evan, 3055 174`h Avenue NW, Andover, stated he had been told that since the road is
29 gravel traffic is allowed to travel at 50 miles per hour but once the road is constructed then it
30 could be posted at a lower speed.
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32 City Engineer Berkowitz stated with the City's initiative the speed limit on rural roads has been
33 changed. Once the road is constructed the City could post the speed limit at 35 miles per hour
34 and include any additional signage that may be necessary, such as curve signs.
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36 Motion by Councilmember Knight, Seconded by Councilmember Howard to close the public
37 hearing. The motion carried unanimously.
38 Mayor Gamache closed the public hearing at 7:47 p.m.
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40 City Engineer Berkowitz clarified the approval of the resolution with a 50150 split would require
41 a 4/5 vote in order to initiate the project.
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43 Motion by Councilmember Trude, Seconded by Councilmember Knight to approve a resolution
Regular Andover City Council Meeting
Minutes — June 5, 2012
Page 7
ordering the improvement of Project No. 11 -47, 174th Avenue NW, Heather Street NW, and
173`a Lane NW and directing preparation of final plans and specifications.
Councilmember Trade stated the process has many steps and even after the improvements have
been ordered there will be plans and specifications done that will sort out some of the issues with
the drainage and other unknown issues. The project could be stopped at that time or after the
bids have been received. This resolution starts the process and as long as the information
received is favorable then the City can continue to move forward.
10 Mayor Gamache stated he would support this resolution. One of the goals for the City is to work
11 with residents to pave those gravel roads that residents would like to have paved. There are
12 significant water problems in this area that could be alleviated by the addition of concrete curb
13 and gutter.
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15 Councilmember Howard stated he would support this request based on the responsiveness of the
16 neighborhood.
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18 Councilmember Bukkila stated she is not in favor of this resolution based on the information
19 provided. She would like more information on alternatives for the drainage issues before she
20 could justify having the entire City pay a 50% portion of this project.
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22 The motion was called to a vote. The motion carried 4 ayes, 1 nay ( Bukkila). (See Resolution
23 R056 -12)
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25 CONSIDER COMPREHENSIVEPLANAMENDMENT /NEIGHBORHOOD COMMERCLIL
26 TO URBAN RESIDENTIAL HIGH DENSITY 11640 AND 1678 —155TH LANE NW
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28 Community Development Director Carlberg stated the applicant is proposing to construct a 70
29 unit senior assisted living facility on the subject properties. The current Neighborhood
30 Commercial land use designation was established through approval of the Grey Oaks project. At
31 that time, commercial development of the subject properties was planned. The Comprehensive
32 Plan establishes criteria for review of amendments concerning a proposed land use change.
33 These criteria include: Conditions have changed since the present land use designation was
34 established such to warrant the proposed amendment, the proposed land use is compatible with
35 surrounding land uses and with the goals, objectives, and policies of the Comprehensive Plan,
36 there is capacity of public systems, facilities, and services to serve the proposed land use and
37 capacity of these systems to serve other planned land uses is not adversely affected, the potential
38 impacts by the proposed land use on natural resources including vegetation, wetlands, floodplain,
39 and other natural features can be avoided or sufficiently mitigated, and to ensure a transition or
40 buffer between urban and rural residential zoning districts. The Planning Commission reviewed
41 this request and unanimously recommended approval of the proposed land use change based on
42 the findings of fact.
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Regular Andover City Council Meeting
Minutes — June 5, 2012
Page 8
Councilmember Trude stated the proposed change was more favorable to the neighborhood and
would provide for less hard surface or asphalt area and no retail hours and less traffic than if it
had been developed as originally planned.
5 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to approve a
6 resolution amending the Comprehensive Land Use Plan of the City of Andover to change the
7 land use classification from Neighborhood Commercial to Urban Residential High Density for
8 property located at 1640 and 1678 155'x' Lane NW. The motion carried unanimously. (See
9 Resolution R057 -12)
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11 CONSIDER PRELIMINAR YPLA T OFARBOR OAKS AND AMENDMENT TO GREY OAKS
12 PLANNED UNIT DEVELOPMENT /1640 AND 1678 —155TH LANE NW
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14 Community Development Director Carlberg stated the proposed plat would combine two (2)
15 existing lots into one (1) lot and establish drainage and utility easements at the perimeter of the
16 property. The applicant is also requesting an amendment to the previously approved Grey Oaks
17 Planned Unit Development (PUD) for the proposed 70 unit senior assisted living project. He
18 reviewed the access and stated the Anoka County Highway Department has requested clearing of
19 brush near the intersection of 155th Lane NW and Hanson Boulevard, dedication of the right -of-
20 way access to Hanson Boulevard, and construction of a southbound right turn lane along Hanson
21 Boulevard. Staff met with Anoka County and communicated it would not be recommending to
22 construct a southbound right turn lane due to the fact that the proposed project significantly
23 reduces the level of traffic from the previously approved land uses which did not require this
24 improvement. Staff did agree this improvement should be completed with fixture improvements
25 to Hanson Boulevard. He reviewed the Drainage and Utility easements, the park dedication and
26 trail fees, trail easement, the landscape plan, neighborhood screening, parking, trash enclosure
27 and the Coon Creek Watershed District approval for the project. He reviewed the Planning
28 Commission recommendations and clarified the applicant will be complying with these
29 recommendations except for the removal of the access at 155`h Lane NW, adjacent to the right
30 turn lane.
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32 Councilmember Trude asked if the resolution or other documents included in the approval would
33 need to specify the agreement with the City and Anoka County Highway Department regarding
34 the southbound right turn lane along Hanson Boulevard.
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36 Community Development Director Carlberg stated a letter will be sent to the Anoka County
37 Highway Department regarding this agreement and this will become part of the record.
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39 Councilmember Trude clarified this is a senior living facility and would have a large amount of
40 community space available for residents. This would allow the City to approve smaller living
41 spaces than City ordinance allows.
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43 Community Development Director Carlberg clarified Exhibit A and Exhibit B will also be
Regular Andover City Council Meeting
Minutes —June 5, 2012
Page 9
included in the approved documents with the resolution.
3 Mr. Roger Fink, Trident Development, provided the Council with an update on the screening and
4 landscaping that would be done along the southern property line to screen the property from the
5 single family homes in that area. He clarified an agreement had been reached with the property
6 owners that included installing a retaining wall and maintaining the red oak trees that are
7 currently growing along this border. There will be spruce trees added as well in locations that
8 allow it. He stated he had talked with Mr. Anderson, a neighboring property owner, about the
9 traffic in the back portion of the building and he is comfortable with the building and the
10 architecture and they do not have any concerns about the appearance or visual impacts. He stated
11 they would amend the landscape plan to exclude the spruce trees on Mr. Anderson's property
12 because he would prefer to let the oak trees to continue to grow.
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14 Councilmember Trude stated the landscape plan would not need to be amended because these
15 trees are not on the applicant's property and would have been considered beyond what would
16 have been required.
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18 Mr. Fink stated they have read all the conditions identified and agree with them and will comply
19 with them.
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21 Councilmember Knight stated the YMCA would be interested in looking at senior programming.
22 He asked if this would be something they would consider.
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24 Mr. Fink stated the marketing and management team would be responsible for reaching out to the
25 community senior centers and YMCA. He clarified they would be interested in working with the
26 YMCA for programming options but they would operate a transport van for residents because
27 many of them would not be able to walk the distance to the facilities.
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29 Councilmember Bukkila complimented the applicant on the most recent design and added this
30 facility would be an impressive asset to the community.
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32 Councilmember Howard stated he would be hesitant not to add additional trees along the south
33 border and rely strictly on the oak trees that are currently growing. Oak wilt is something that
34 could easily occur and this would destroy the screening. He recommended the applicant consider
35 adding additional trees along this area as a backup to the oak trees, in case something happens to
36 them.
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38 Mr. Fink stated they would be open to suggestions and couple of spruce trees could be included
39 along the retaining wall.
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41 Councilmember Howard asked if there would be designated employee parking that would limit
42 the parking and traffic on the south side of the building.
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Regular Andover City Council Meeting
Minutes —June 5, 2012
Page 10
Mr. Fink stated employee and resident parking was not designated but they could instruct staff to
park in certain areas of the building but the building design did provide for favorable employee
parking in areas on the east and west side of the building.
Councilmember Howard asked if the Council would be interested in designating the first and
second choices for additional performance parking if it should be required. The applicant has
provided proof of parking and the Council could designate preferred areas for future
development.
10 Community Development Director Carlberg stated the Council could designate this but he would
11 recommend this be considered at the time the additional parking would be required. The
12 circumstances, road designs, and landscape may change in the future which could make it
13 difficult to comply with what would be designated at this time.
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15 It was the consensus of the Council not to designate the order for future parking lot expansion.
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17 Motion by Councilmember Bukkila, Seconded by Councilmember Trude to approve a resolution
18 approving the preliminary plat of Arbor Oaks and amendment to Grey Oaks Planned Unit
19 Development located at 1640 and 1678 155t` Lane NW.
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21 Councilmember Trude clarified staff was clear on the landscaping plan and the Council's request
22 for additional trees along the southern border of the property.
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24 Mayor Gamache asked if the City should look at the Ordinances and add additional information
25 that would allow for senior housing to be smaller in size than the apartment size requirements so
26 that a PUD would not be required.
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28 Community Development Director Carlberg stated the City could have discussion on designating
29 senior living size requirements but this type of development would require a PUD.
30
31 Mr. Fink provided an additional update for the Council including the selection of a construction
32 lender and potentially closing on the property within the next 4 -5 weeks. Trident is projecting to
33 get their building permits and start construction in July.
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35 The motion was called to a vote. The motion carried unanimously. (See Resolution R058 -12)
36
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38 DETERMINA TION ONNEED FOR ANENVIRONMENTAL ASSESSMENT WORKSHEET
39 (EAW) FOR A PROPOSED 150,000 SQUARE FOOT RETAIL DEVELOPMENT — 1851
40 BUNKER LAKE BOULEVARD NW — CONSIDER RESOLUTIONIRECORD OF
41 DECISION /FINDINGS OF FACT
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43 Community Development Director Carlberg stated on May 9h, the City received a notice from the
Regular Andover City Council Meeting
Minutes June 5, 2012
Page 11
1 Minnesota Pollution Control Agency (MPCA) on behalf of the Environmental Quality Board (EQB)
2 of receipt of a citizen's petition submitted by Andover for Smart Growth (ASG). The petition
3 requests the completion of an Environmental Assessment Worksheet (EAW) for the proposed Wal-
4 Mart Store located at 1851 Bunker Lake Boulevard NW. The EQB rules require the responsible
5 government unit, which in this case is the City of Andover, to decide within 30 working days of
6 receipt of notice from the MPCA/EQB whether an EAW should be prepared. He explained a
7 mandatory EAW is required for projects that are equal to or in excess of 300,000 square feet for a
8 second -class city. Andover is a second -class city based on population but the proposed building is
9 less than 150,000 square feet. Therefore a mandatory EAW is not required. Upon receipt of the
10 petition, staff has reviewed the environmental concerns raised in comparison to the criteria and
11 factors established in Minnesota Rules 4410.1700 subp.7. He reviewed the criteria and the specific
12 areas of concern raised in the petition. Staff also received a letter responding to the petition from
13 Fredrikson & Byron, P.A., the legal firm representing Wal -Mart Stores, Inc. Staff concurs with the
14 responses in this letter and recommends the City Council deny the petition and not require having an
15 EAW prepared. He clarified if the resolution is approved then all documents included in the Council
16 packet and the approved minutes would be included in the public record for this approval.
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18 Mayor Gamache clarified the storm water issues would be reviewed by the Coon Creek
19 Watershed District and all these concerns would be addressed as part of their review process.
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21 Community Development Director Carlberg stated there are a number of state and local
22 organizations with regulations, ordinances, and laws that must be met concerning storm water
23 runoff and infiltration, light pollution, and increased traffic concerns. Currently the plans are
24 meeting all these requirements and as deficiencies are identified they are being worked out with
25 the developer.
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27 Mayor Gamache stated the current plans for the property includes two (2) large ponds on the
28 west side of the property where there is currently only one (1). He clarified Anoka County is
29 looking at the traffic circulation patterns and will determine if additional improvements will be
30 needed to the county roadway. The City currently has regulations in place that would limit the
31 light pollution to surrounding properties and the lighting that would be allowed is similar to what
32 is currently at the Target location. He clarified there will be more light than what is currently on
33 the property but not as much as there could be with other types of development.
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35 Community Development Director Carlberg stated this is correct. The plans for the proposed
36 project will be reviewed by several agencies and if there are areas that do not meet Federal, State,
37 or local regulations then these will need to be resolved with the developer.
38
39 Mayor Gamache clarified the entire project is proposed to be constructed where the baseball
40 fields are located on the current Pov's property. There would be little impact to the surrounding
41 wetlands.
42
43 Community Development Director Carlberg stated the property had been approximately 40%
Regular Andover City Council Meeting
Minutes — June S, 2012
Page 12
developed and the parking would be similar to what is currently on the site. The City does own
the property to the west and Mr. Povlitzski will retain 6 -acres of land to the north and this will
provide an additional buffer between the proposed project and the surrounding neighborhoods.
During the review process if additional screening is required the City will work with the
developer.
Councilmember Knight asked about the proximity of sensitive receptors and the increased traffic.
9 Mayor Gamache stated any development in this area will increase traffic and in the area of
10 sensitive receptors.
11
12 Community Development Director Carlberg explained ASG has suggested the project comply
13 with the California air standards but these do not apply in Minnesota. ASG also has not provided
14 any evidence that the redevelopment of the site would negatively impact the health of those
15 sensitive receptors identified. He also pointed out Wal -Mart's delivery trucks are not allowed to
16 "idle" their engines in the parking lot so even if California air standards were to apply in
17 Andover, air quality should not be harmed as a direct result of the Wal -Mart development.
18
19 Mayor Gamache stated when Bunker Lake Boulevard had been reconstructed the road was
20 designed to accommodate large commercial development on the north side, similar to that on the
21 south side, which includes a Target store.
22
23 Councilmember Trude clarified the petitioners needed to convince the Council there were
24 environmental impacts that would not be addressed by one of the agencies involved. The City
25 does rely on the work done by these other agencies, such as the Coon Creek Watershed and the
26 Anoka County Highway Department. The City believes all impacts will be reviewed and proper
27 steps taken to address these throughout the process. She clarified all materials pertaining to this
28 petition would be available to the public.
29
30 Mayor Gamache stated if something does come up that the City does not feel comfortable with
31 because there is not the proper approvals from the corresponding agencies then the process will
32 stop until the City is confident all laws, regulations, and ordinances have been followed. He
33 stated based on the information provided in the petition there is no evidence that an EAW would
34 need to be performed.
35
36 Councilmember Trude stated an EAW had been prepared for the 100 -acres adjacent to this
37 property in 2003 and there had been a 20 -acre junkyard on part of the property at that time. The
38 EAW showed there were no significant environmental impacts at that time so another EAW
39 should not be required.
40
41 Mayor Gamache stated the Wal -Mart construction would all be on the Pov's site and this site had
42 not been involved in the junkyard and there was no history of any other problems on this site that
43 would impact the environment.
Regular Andover City Council Meeting
Minutes —June 5, 2012
Page 13
Motion by Councilmember Trude, Seconded by Councilmember Bukkila approve a resolution
establishing findings of facts and establishing a record of decisions on the need for the
preparation of an Environmental Assessment Worksheet (EAW) in response to a citizen petition
for the proposed Wal -Mart store at 1851 Bunker Lake Boulevard NW.
Mayor Gamache stated the City feels comfortable with the ordinances, laws, and regulations that
are currently in place to sufficiently review the environmental impacts of the proposed
development.
10 Community Development Director Carlberg stated staff would expect to hold a public hearing on
11 this project in July or August.
12
13 Councilmember Trude stated the Coon Creek Watershed and Anoka County are also agencies the
14 people and residents can contact as well with their concerns.
15
16 The motion was called to a vote. The motion carried unanimously. (See Resolution R059 -12)
17
18 RESCHEDULE NOVEMBER 6, 2012 COUNCIL MEETING
19
20 Councilmember Trude stated in the past the Council has moved the Council meeting to the following
21 evening.
22
23 Motion by Councilmember Trude, Seconded by Councilmember Knight to reschedule the November
24 6, 2012 regular City Council Meeting to Wednesday, November 7, 2012, at 7:00 p.m. The motion
25 carried unanimously.
26
27 ADMINISTRATOR'S REPORT
28
29 City Administrator Dickinson updated the City Council and the residents regarding
30 administration and city department activities, legislative activities, development and CIP
31 projects, and upcoming meetings and community events including the EDA closed on two (2)
32 lots at Parkside at Andover Station and the building permits for these properties have been issued
33 by the City. Other platting projects in Andover include the 3`a Addition at Millers Woods and
34 the next addition at Woodland Estates. He stated the June 271' workshop would be a joint
35 meeting with the Artificial Turf Task Force and it is currently scheduled the same night as the
36 City sponsored outdoor concert.
37
38 Councilmember Knight stated the Council should attend the City sponsored concert.
39
40 Councilmember Bukkila stated this meeting is being scheduled with the Artificial Turf Task
41 Force as well and several members of this committee have changed their schedules in order to
42 attend the meeting on June 27h. She would not be in favor of changing the date or time.
43
Regular Andover City Council Meeting
Minutes —June S, 2012
Page 14
Councilmember Trade stated the workshop could be moved to Thursday since the Mayor is
unable to attend on Tuesday and Wednesday is the outdoor concert. The members of the
Artificial Turf Task Force could attend the Thursday workshop if they are able to. There are two
(2) members of the task force on the Council and they could provide an update if other members
were not able to attend.
7 Councilmember Bukkila stated this would not be acceptable to those members who have worked
8 on this task force and attended all the meetings. They have been rearranging their schedules to
9 accommodate the Wednesday meeting and it would make it more difficult for them to have to
10 reschedule again for a Thursday meeting.
11
12 Councilmember Trade stated the County would be attending this meeting as well in order to
13 discuss the County Roads in the City and what the City would like to see done.
14
15 Mayor Gamache stated the workshop could be scheduled for the Task Force from 6:00 p.m. to
16 7:00 p.m. then the Council could recess to attend the concert and if needed return to finish
17 business. He asked what exactly the City would be discussing with the County. He would
18 recommend postponing this meeting until after the Council has had an opportunity to define
19 exactly what they would like to discuss.
20
21 Councilmember Trade stated one of the City Council goals had been to discuss major road issues
22 with the County in order to get these sections identified and included in the County's CIP plans
23 for improvements.
24
25 Mayor Gamache stated the County has their CIP projects identified for the next several years and
26 meeting with them regarding the City's current concerns could be postponed.
27
28 Councilmember Trude suggested having the meeting with the Task Force on Wednesday from
29 6:00 p.m. to 7:00 p.m. then having the regular City Council workshop on Tuesday June 26d', even
30 though the Mayor would be unable to attend that day.
31
32 Councilmember Bukkila stated the Council could conduct all of there business during one
33 meeting and she would not support spreading it over two (2) evenings or changing the date from
34 Wednesday.
35
36 Councilmember Howard stated he would not be supportive of changing the date of the workshop.
37
38 It was the consensus of the Council to conduct the June workshop on Wednesday, June 27, 2012
39 as previously scheduled.
40
41 City Engineer Berkowitz stated the 133`d Avenue project is underway and there will be a
42 preconstruction meeting for the reconstruction project on South Coon Creek Drive. This project
43 would be expected to start in mid -June and Crosstown Boulevard will be closed for two (2) days
Regular Andover City Council Meeting
Minutes — June S, 2012
Page 15
in this area so the water main portion of the project can be completed.
Community Development Director Carlberg stated the City's Business Development Day Golf
Tournament is scheduled for Wednesday, June 13'x', and there were still openings.
6 City Administrator Dickinson stated the City has already hit its projected budget amount of 35
7 new home constructions. Fire Chief Winkel assisted the Sartell Fire Department. He stated the
8 City has recently had problems with vandalism that include setting fire to portable bathroom
9 facilities. He explained this was costly to the City and he asked residents to be alert and report
10 any suspicious behavior.
11
12 MAYORICOUNCIL INPUT
13
14 (Prairie Knoll Park) Councilmember Howard stated the soffit and fascia at Prairie Knoll Park is
15 in poor condition. He asked if there would be any money in the budget to have this repaired.
16
17 City Administrator Dickinson stated staff would look into this and report back to the Council.
18
19 (Community Garden Fence) Councilmember Howard stated there was orange snow fence being
20 used at the community gardens. He asked if the City had any regulations or rules regarding what
21 materials can be used to separate garden plots.
22
23 City Engineer Berkowitz stated the City does not have any regulations or rules in place at this
24 regarding the type of fencing that can be used. Staff can look at setting regulations for next year.
25 Staff can also contact the gardener with the orange snow fence and request it be replaced but at
26 this time the City has no recourse to require it to be taken down or replaced.
27
28 (Tire Chip Stockpile) Councilmember Howard asked about the status of the tire chip piles along
29 Hanson Boulevard.
30
31 City Engineer Berkowitz stated all the tires had been removed and the project should be
32 completed in the next couple of weeks.
33
34 (City Outdoor Concerts) Councilmember Trude suggested the City's outdoor concerts be
35 included on the city calendar and advertised on Facebook. She also suggested advertising the
36 Golf Tournament on Facebook.
37
38 Mayor Gamache recessed the regular City Council meeting at 9:23 p.m. to a closed session of the
39 City Council to discuss Public Union Negotiations and property acquisition negotiations for PID
40 #11- 32 -24 -32 -0001, PID #11- 32 -24 -31 -0001, PID #11- 32 -24 -24 -0001, PID #17- 32 -24 -13 -0031
41 and PID #17- 32 -24 -12 -0007.
42
43 The City Council reconvened at 9:46 p.m.
Regular Andover City Council Meeting
Minutes —June S, 2012
Page 16
PAEW �LuT
4 Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to adjourn. Motion
5 carried unanimously. The meeting adjourned at 9:47 p.m.
Respectfully submitted,
Tina Borg, Recording Secretary
10
11
Regular Andover City Council Meeting
Minutes —June 5, 2012
Page 17
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JUNE 5, 2012
TABLE OF CONTENTS
PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1
RESIDENTFORUM ....................................................................................... ............................... 1
AGENDAAPPROVAL ................................................................................... ............................... 1
APPROVAL OF MINUTES ............................................................................ ............................... 1
CONSENTITEMS .......................................................................................... ............................... 2
Item 2 Approve Payment of Claims .......................................................... ............................... 2
Item 3 Approve Easement/11 -10 /South Coon Creek Drive NW Reconstruction .................... 2
Item 4 Amend Fee Ordinance /City Utilities Search Fee (See Ordinance 419) ........................ 2
Item 5 Accept Contribution/Justin and Elizabeth Higgins /Hickory Meadows Park (See
ResolutionR054- 12) ............................................................................ ............................... 2
Item 6 Approve City Council Goals and Values/Progress Report ............ ............................... 2
Item 7 Approve Resolution Amending Resolution No. 124 -07 to Amend Deferred
Assessment Terms for Project 07 -43 — Allen Property (See Resolution R055- 12) ............ 2
HOLD PUBLIC HEARING /ORDER PLANS AND SPECS /11- 47/174TH AVENUE NW,
HEATHER ST. AND 173RD LANE NW (See Resolution R056 -12) ......... ............................... 2
CONSIDER COMPREHENSIVE PLAN AMENDMENT/NEIGHBORHOOD COMMERCIAL
TO URBAN RESIDENTIAL HIGH DENSITY /1640 AND 1678 —155TH LANE NW (See
ResolutionR057 -12) ................................................................................... ............................... 7
CONSIDER PRELIMINARY PLAT OF ARBOR OAKS AND AMENDMENT TO GREY
OAKS PLANNED UNIT DEVELOPMENT /1640 AND 1678 —155TH LANE NW (See
ResolutionR058 -12) ................................................................................... ............................... 8
DETERMINATION ON NEED FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET
(EAW) FOR A PROPOSED 150,000 SQUARE FOOT RETAIL DEVELOPMENT —1851
BUNKER LAKE BOULEVARD NW — CONSIDER RESOLUTION /RECORD OF
DECISION /FINDINGS OF FACT (See Resolution R059- 12) ................. ............................... 10
RESCHEDULE NOVEMBER 6, 2012 COUNCIL MEETING .................... ............................... 13
ADMINISTRATOR'S REPORT ................................................................... ............................... 13
MAYOR/COUNCIL INPUT ......................................................................... ............................... 15
(Prairie Knoll Park) .................................................................................... ............................... 15
(Community Garden Fence) ....................................................................... ............................... 15
(Tire Chip Stockpile) ................................................................................. ............................... 15
(City Outdoor Concerts) ............................................................................. ............................... 15
k-NDOVEA C I T Y 0 F
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jun Dickinson, City Administrator / Finance
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Payment of Claims
DATE: June 19, 2012
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $223,971.11 on disbursement edit list #1- 2 from 06/12/12 — 06114/12 have been issued and
released.
Claims totaling $352,467.10 on disbursement edit list #3 dated 06/19/12 will be issued and released upon
approval.
BUDGET IMPACT
The edit lists consist of routine payments with expenses being charged to various department budgets and
projects.
ACTION REQUESTED
The Andover City Council is requested to approve total claims in the amount of $576,438.21. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
/-5!�Lo �--
Lee Brezinka
Attachments: Edit Lists
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator / Finance
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Approve Lease Agreement with the Anoka- Hennepin School District / 2012
Andover Family Fun Fest
DATE: June 19, 2012
INTRODUCTION
To accommodate the activities of the 2012 Andover Family Fun Fest, space is needed on the
Andover Elementary School grounds.
DISCUSSION
The attached is the lease agreement with the Anoka- Hennepin School District and is identical to the
agreement used for the 2011 Andover Family Fun Fest with the exception to the date changes and
insurance amounts.
BUDGETIMPACT
None.
ACTION REQUIRED
The Andover City Council is requested to approve the attached lease agreement.
Respectfully submitted,
5e 14 -
Lee Brezinka
Attachments: - Lease Agreement
AGREEMENT
THIS AGREEMENT, made this 19th day of June, 2012, by and between Anoka -
Hennepin Independent School District No. 11 ( "District ") and the City of Andover
( "City ").
District hereby demises and leases the premises in City, and City hereby leases
and accepts the premises from District to have and to hold during the term, subject to
the terms and conditions of this Agreement. "Premises" is hereby defined as the
grounds, but not the building, of Andover Elementary School located at 14950 Hanson
Blvd. NW, Andover, MN 55304
City has inspected the Premises and accepts the same in "As Is" condition.
The Premises shall be used and occupied only for the purposes of activities
sponsored by City at the City of Andover Family Fun Fest, July 13 and 14, 2012. It is
understood and agreed that City shall have the use of the Premises from July 10
through July 17, 2012 for "set -up" and "take- down" purposes.
The use of the Premises shall be rent free. City agrees to reimburse District for
any direct costs that District may incur by reason of City's use of said Premises.
During the term, the City shall maintain at its own expense liability insurance,
with District named as an additional insured, against claims for death, personal injury
and property damage, on or about the Premises in an amount of $2,000,000 for death,
illness or injury to one or more persons, and $1,500,000 for property damage in respect
to each occurrence. Said policy shall also insure any property damage to the school
building included within the Premises caused by City.
Policies for the aforesaid insurance shall be in a form with an insurer acceptable
to District and shall waive any rights of subrogation against District. City shall, prior to
July 10, 2012, deliver to District copies or other evidence of such insurance satisfactory
to District that all premiums thereon have been paid and the policies are in full force and
effect.
It is agreed that no alcoholic beverage shall be served on the Premises.
General
(a) A representative of District will meet with City and provide site and
irrigation plans to help identify acres of use, layout of walks and traffic
patterns with intentions to minimize potential damage to the site.
(b) Prior to the dates of the Fun Fest set up, District will adjust irrigation
schedules and amounts of water to prepare the turf.
(c) District will locate and mark all irrigation heads and valve boxes a week
prior to set up.
(d) City will install protective covers over all irrigation heads within the use
area the morning of set up and clearly identify all valve boxes.
(e) District will turn off all irrigation to the areas used for Fun Fest during the
duration of set up through the completion of clean up and take down.
(f) City will, by noon, Tuesday, July 17t ", clean up and remove all debris, litter
and trash from District property that was produced as a result of Fun Fest
as well as the removal of all temporary fencing, protective covers over
irrigation heads and anything else used during Fun Fest.
(g) City will remove and replace soils in areas of petroleum or other soils that
cause damage that be considered extensive or permanent.
(h) Not knowing what weather conditions will occur during Fun Fest and /or the
amount of wear damage and compaction from foot and vehicular traffic,
City will provide various cultural activities such as aeration, rolling and /or
slit seeding as needed to aid in the restoration of the turf. City and District
representatives will assess specific restoration needs, timing, materials
and procedures the week of July 23rd
(i) Repairs needed to the irrigation system as a result of Fun Fest will be the
responsibility and at the expense of City.
(j) Any damage or destruction to plant materials, structures and /or other site
amenities will be repaired or replaced by City.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year above first written.
ANOKA - HENNEPIN INDEPENDENT CITY OF ANDOVER
SCHOOL DISTRICT NO. 11
By By
Its Its
By By
Its Its
0
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
To: Mayor & City Council
CC: Jim Dickinson, City Administrat4OrkslCity
David D. Berkowitz, Director of Engineer
From: Todd J. Haas, Assistant Public Works Director.
Subject: Approve Revisions to Dugouts /Sunshine Park - Engineering
Date: June 19, 2012
INTRODUCTION
The City Council is requested to approve the type of roofing for the new dugouts that are
currently under constructed at Sunshine Park ball field as requested by the Andover
Athletic Association (AAA).
DISCUSSION
Attached is the request from AAA to reconsider the roofing materials from a metal roof
to a shingled roof. The Park and Recreation Commission has reviewed the request at their
last meeting on June 7`" and are recommending approval. As you may recall, the City
Council previously approved the donation of the dugouts with metal roofs for all six ball
fields.
Attached is a picture from AAA of what the dugout would look like except for the roof
which is recommended to be shingled.
BUDGETIMPACT
There is no upfront cost to the City for the labor and materials to install the dugouts. The
City will be responsible for the long term maintenance of the dugouts.
ACTION REQUESTED
The City Council is requested to approve the type of roofing for the new dugouts that are
currently under constructed at Sunshine Park ball field as requested by the Andover
Athletic Association.
Respectfully submitted,
-Todd J. FIaas
Cc: Pat Wilson, Andover Athletic Association (Copy sent by e -mail)
Attachments: Request from AAA, Picture of approved dugouts
Todd Haas
From:
Pat Wilson <pwbaseball @comcast.net>
Sent:
Tuesday, June 05, 2012 2:15 PM
To:
'Ron Kibiger'; 'Jon Blum'; Todd Haas
Cc:
'Greg Clark'; ctc.bernard @netzero.net; 'Pat Hall'; 'Sohns, Robert'; Dave Berkowitz; Kevin
Starr, Jeremy Johnson
Subject:
RE: Dug Outs
Todd,
Can you please put AAA on the Park Commission agenda for Thursday night? I would like to state, for the Park Board's
knowledge that there wasn't a specific design commitment or requirement of steel roofing going into this project. Any
conversation with the Building Inspector that I recall was centered around the footings, structural integrity; issues of
that ilk. I do remember stating I wasn't 100% decided on the roofing since the dugouts we are using as a model had a
plain corrugated metal roof of which I did not care for the appearance. I do remember you stating at that meeting that
it would be nice to match the building colors already there. Yes, metal was discussed but not to the extent that finishing
the roofs with shingles would be considered a 'design change'. I just wanted to state that for the Board's information
going into Thursday.
Pat
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV
TO: Mayor and Council Members
CC:
FROM:
SUBJECT:
DATE:
Jim Dickinson, City Administrat,
David D. Berkowitz, Director of
Engineer
Approve Easement/11 -10 /South Coon Creek Drive NW Reconstruction -
Engineering
June 19, 2012
INTRODUCTION
The City Council is requested to approve the attached easement for Project 11 -10, South Coon Creek
Drive NW Reconstruction.
DISCUSSION
For the reconstruction of South Coon Creek Drive NW permanent and temporary easements are
needed to meet the goals and design standards that have been determined for this project. Staff has
worked with the property owners to secure the needed easements. Attached is the easement document
for approval.
BUDGET IMPACT
This is a temporary easement and no compensation is required.
ACTION REQUIRED
The City Council is requested to approve the attached easement for Project 11 -10, South Coon Creek
Drive NW Reconstruction.
Respectfully submitted,
David D. Berkowitz
Attachments: Easement Document V�
TEMPORARY SLOPE AND CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENT, Joseph and Judy Demaio(collectively
referred to herein as "Grantor "), hereby grant, and convey to the CITY OF ANDOVER, a
Minnesota municipal corporation, Grantee, a temporary easement for slope and construction
purposes, including, without limitation, the construction, maintenance, repair and replacement
thereof, and uses incident thereto, in, under and upon the real property, in Anoka County,
Minnesota described as follows:
That part of Government Lot 4, Section 29, Township 32, Range 24, Anoka
County, Minnesota, described as follows: Commencing at the Southeast corner of
said Government Lot 4, thence northerly along the east line of said Government
Lot a distance of 598.25 feet to the centerline of South Coon Creek Drive; thence
northwesterly along said centerline at an internal angle of 132 degrees 05 minutes
00 seconds a distance of 429.7 feet to the point of beginning of the land to be
described; thence northeasterly at a right angle to said centerline a distance of
217.8 feet; thence northwesterly at a right angle and parallel to the centerline of
South Coon Creek Drive a distance of 100.0 feet; thence southwesterly at aright
angle a distance of 217.8 feet to the centerline of South Coon Creek Drive; thence
southeasterly along said centerline to the point of beginning.
The temporary easement for slope and construction purposes over under and
across the above described property is described as follows: That part of the
above described property which lies southwesterly of a line 38.00 feet
northeasterly of and northwesterly of a line 33.00 feet northeasterly of the
southwesterly line of the above said property.
Said temporary easement to expire 7131113
Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or
other material excavated from said temporary easement area, as the Grantee may find necessary
and to remove trees, brush, undergrowth and other obstructions interfering with the construction
of South Coon Creek Drive.
AD 112 - Easement - 293224420023.docx
Grantors covenant that they are the owners of the temporary easement area and have the right,
title, and capacity to grant the temporary easement described above.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and
appurtenances thereunto belonging or in anyway appertaining to the said Grantee, for said
temporary slope and construction easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands this day of
2012.
By:
Joseph Demaio
J
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of , 2012,
by Joseph and Judy Demaio, who has caused these presents to be executed or have se eir hand
the day and year first above written.
BREN FI OES ^�
Noiary Public
Minn'saia 31 20 6 Notary Public
NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of
Minnesota, has accepted on , 2012, the above described temporary easement in this
document.
Dated:
2012.
THIS INSTRUMENT WAS DRAFTED BY
Hakanson Anderson
3601 Thurston Avenue
Anoka, MN 55303
Telephone: 763-427-5860
AD 112 - Easement - 293224420023.docx
CITY OF ANDOVER
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Temporary Slope /Construction
Easement Exhibit
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That part of Government Lot 4, Section 29, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the
Southeast corner of sold Government Lot 4, thence northerly along the east line of said Government Lot a distance of 598.25 feet to the
centerline of South Coon Creek Drive; thence northwesterly along said centerline at an internal angle of 132 degrees 05 minutes 00
seconds a distance of 429.7 feet to the point of beginning of the land to be described; thence northeasterly at a right angle to said
centerline a distance of 217.8 feet; thence northwesterly at a right angle and parallel to the centerline of South Coon Creek Drive a
distance of 1D0.0 feet; thence southwesterly at o right angle o distance of 217.8 feet to the centerline of South Coon Creek Drive;
thence southeasterly along said centerline to the point of beginning.
The temporary easement for slope and construction purposes over under and across the above described property is described as follows:
That part of the above described property which lies southwesterly of a line 38.00 feet northeasterly of and northwesterly of a line 33.00
feet northeasterly of the southwesterly line of the above said property.
Area of Temporary Easement 500 sq. ft. = 0.011 acres
Property Owner: Joseph & Judy Demaio
3447 South Coon Creek Drive NW
Andover MN 55304
PID No.: 29- 32 -24 -42 -0023
1�
I
Denotes
- - - - - - -i
Easement Scale
1" = 40'
1 hereby certify that this survey, pion or report was prepared by me
Temporary Slope /Construction
SHEET
or under my direct supervision and that I am a duly Professional
Hakanson
Easement Exhibit
1
Licensed Land ur under the laws of the State of Minnesota.
A
for
Anderson
OF
03/07/12
aM1 Enginwn one i.nnd aurveyon
Part of Government Lot 4
1
Charle . Christo herson, MN License No. 18420 Dote
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]63-12/ -saw FM 7a3-an -=O
SHEETS
DATE D3/07/12 FILE NO. ADi 12
(:D
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administr
Dave Carlberg, Community Dev pm t Director
FROM: Courtney Bednarz, City Planne*
SUBJECT: Approve Final Plat/Arbor Oaks — Planning
DATE: June 19, 2012
INTRODUCTION
The City Council is asked to approve the final plat of Arbor Oaks.
DISCUSSION
The attached final plat combines two lots and establishes perimeter drainage and utility
easements as discussed during review of the Arbor Oaks preliminary plat. The final plat is found
to be in compliance with the preliminary plat and applicable ordinances.
Attachments
Resolution
Location Map
Preliminary Plat Resolution R058 -12
Final Plat
ACTION REQUESTED
The Council is asked to approve the final plat subject to the conditions of the attached resolution.
• • .oil
Cc: Roger Fink, Trident Development 3601 18`" Street South, Suite #103 St. Cloud, MN
56301
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
FIRM ►•
A RESOLUTION APPROVING THE FINAL PLAT OF "ARBOR OAKS" FOR PROPERTY
AT THE SOUTHWEST CORNER OF HANSON BOULEVARD NW AND 155TH LANE NW
LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 1 GREY OAKS, ANOKA COUNTY,
MINNESOTA
WHEREAS, the City Council has approved the preliminary plat of the project to be known as
Arbor Oaks; and
WHEREAS, the a final plat of Arbor Oaks has been submitted for review; and
WHEREAS; the final plat has been reviewed and found in 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 Arbor Oaks contingent upon the following:
The final plat shall conform to the drawing stamped received by the City of Andover
June 12, 2012.
2. The plat shall be subject to all conditions of Preliminary Plat Resolution R058 -12.
3. Contingent upon staff review and approval for compliance with City ordinances,
policies and guidelines.
Adopted by the City Council of the City of Andover this _`h day of June, 2012.
ATTEST:
Michelle Hartner, Deputy City Clerk
CITY OF ANDOVER
Michael R. Gamache, Mayor
ctry v r ,�' x
NDOVER
Incorporated Subject Property W-(�E
1974 5
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R058 -12
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ARBOR OAKS AND
AMENDMENT TO GREY OAKS PLANNED UNIT DEVELOPMENT LOCATED AT 1640
AND 1678 155" LANE NW LEGALLY DESCRIBED AS LOT 1 AND LOT 2, BLOCK 1, GREY
OAKS, ANOKA COUNTY, MINNESOTA
WHEREAS, the applicant has requested approval of a preliminary plat and amendment to the Grey
Oaks Planned Unit Development; and
WHEREAS, the Andover Review Committee has reviewed the preliminary plat, and;
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning Commission recommended to the City
Council approval of the plat; and;
WHEREAS, City Code 13 -3 -9 requires findings for approval of planned unit developments and the
proposed project conforms to these findings as shown on Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning Commission and approves the preliminary plat and an
amendment to the Grey Oaks Planned Unit Development with the following conditions:
1. The proposed project shall conform to the City Code except as provided in the Arbor Oaks
Planned Unit Development Design Standards of Exhibit B.
2. The plan set shall be modified as necessary to achieve commercial site plan approval by the
City of Andover.
3. A concrete sidewalk shall be provided between the trash enclosure and the city trail along
Hummingbird Street NW.
4. The building architecture shall conform to the plans stamped received by the City of
Andover May 24, 2012.
5. Applicant shall provide documentation of agreement with Great River Energy to allow the
drive lane to encroach into existing utility easement along east side of subject property.
6. The applicant shall be responsible for removal of the existing driveway apron to
Hummingbird St NW, including restoration of the existing curb, boulevard and trail.
7. The developer shall be responsible for the cost of construction of all improvements proposed
as a part of the preliminary plat.
8. The applicant shall provide a trail easement in favor of the city to cover the existing city trail
that encroaches onto the property.
9. The right of access to Hanson Boulevard shall be dedicated to Anoka County with the final
plat.
Adopted by the City Council of the City of Andover this 5 "' day of June, 2012.
ATTEST:
CITY OF ANDOVER
Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor
EXHIBIT A
ARBOR OAKS PLANNED UNIT DEVELOPMENT FINDINGS
PAGE ONE
1. The proposed development is not in conflict with the goals of the Comprehensive Plan of the
city.
Approval of the preliminary plat and planned unit development is contingent upon approval of a
Comprehensive Plan Amendment to change the land use of the subject property from Neighborhood
Commercial to Urban Residential High Density.
2. The proposed development is designed in such a manner as to form a desirable and
unified environment within its own boundaries.
The proposed seventy unit senior assisted living facility provides high quality architectural design
and materials. The site improvements are carefully arranged to minimize impacts on surrounding
properties, provide appropriate screening and buffering and areas for indoor and outdoor activities
on the site.
3. The proposed development demonstrates how each modified or waived
requirement contributes to achieving the purpose of a PUD.
The proposed project conforms to the City Code with the exception of parking and drive
lane setbacks and minimum unit sizes.
Reduced parking and drive lane setbacks are needed to allow the proposed building
design and architecture which provide variations in shape, height, materials and location
of landscaped areas to break up building mass and create visual interest. The rear yard
drive lane encroachment is limited to an area approximately 50 feet in width and less
than 10% of the area along the rear property line. Both areas provide significant
landscaping beyond the minimum requirements of the City Code.
The proposed units are as follows:
• Six (6) two bedroom units, approximately 900 square feet in size, which exceeds the 850
square foot minimum of the City Code.
•, Forty-three (43) one bedroom units, 19 of which will be between 605 -651
square feet in size with the remainder exceeding the 700 square foot
minimum of the City Code.
• Twenty -one (2 1) studio units, approximately 400 square feet in size.
The proposed project provides common area amenities including outdoor activity space,
congregate dining, fitness center, community room and coffee shop. These areas support
activities, socialization and wellness programs outside of individual dwelling units.
Within the enhanced services (memory care) wing, a greater level of staffing and assisted
living is provided. Here, residents w i 11 h a v e over 7,200 square feet of common area in
lounges, dining, activity and wellness areas. When the area of common space and studio
apartments are combined, there is approximately 723 square feet of living space per studio
apartment.
EXHIBIT A
ARBOR OAKS PLANNED UNIT DEVELOPMENT FINDINGS
PAGE TWO
4. The PUD is of composition, and arrangement that its construction, marketing, and
operation are feasible as a complete unit without dependence upon any subsequent
unit.
The proposed project contains a single seventy unit senior assisted living building and associated
parking and landscaped areas to serve the needs of the facility. The facility will be professionally
managed by TealWood Care Centers Inc., a licensed care provider with more than 20 years of
experience operating and managing over 50 nursing home and assisted living facilities. Tealwood
arranges for all administrative, dietary, nursing, activities and maintenance staffing. All site
improvements and building design features are coordinated with Tealwood to meet the needs of the
residents and the operation of the staff. Tealwood also oversees marketing, leasing and licensing of
the property.
EXHIBIT B
ARBOR OAKS PLANNED UNIT DEVELOPMENT DESIGN STANDARDS
The project will consist of 70 units of the 441 total units allowed at 14.4 units per acre using the
30.64 net buildable acres within the Grey Oaks Planned Unit Development. The proposed project
will not affect the previously approved 352 units for Grey Oaks.
No.
Item
City Code Standard
Approved P.U.D.
Standard
1
Front Yard Parking Setback
20 feet
11 feed
2
Rear Yard Parking /Drive Lane Setback
10 feet
4'1" -10 feed
3
Minimum Apartment Size- Studio
NA
400 s.f.
4
Minimum Apartment Size -1 bedroom
700 s.f.
600 -800 s.f.
'Refer to Arbor Oaks Plan set stamped Approved by City of Andover for location of reduced
parking and drive lane setbacks.
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1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator / Finance
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Accept Contribution / Sweet Toppings LLC / Hickory Meadows Park
DATE: June 19, 2012
INTRODUCTION
This item is in regards to approving a resolution accepting a contribution made by Sweet Toppings LLC
to be used towards Hickory Meadows Park.
DISCUSSION
Sweet Toppings LLC has made a one -time contribution of $62.
ACTION REQUIRED
The City Council is requested to approve the resolution accepting the contribution.
Respectfully submitted,
�L,;!1P�-
Lee Brezinka
Attachments: Resolution
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
a
A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER
TO BE USED TOWARDS HICKORY MEADOWS PARK.
WHEREAS, any contributions that are to be made to the City of Andover must be
accepted by the City Council; and
WHEREAS, the contribution from Sweet Toppings LLC to be used towards
Hickory Meadows Park.
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the
contribution, which is to be used towards Hickory Meadows Park.
MOTION seconded by Councilmember
and adopted by the City
Council at a regular meeting this 19th day of June 2012, with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner - Deputy City Clerk
P]
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV
TO:
CC:
FROM:
SUBJECT:
DATE:
Mayor and Councilmembers
Jim Dickinson, City Administrator
Lt. Shelly Orlando - Anoka County Sheriff's Office
Anoka County Sheriffs Office Monthly Report - Sheriff
June 19, 2012
INTRODUCTION
Lt. Shelly Orlando from the Anoka County Sheriff's Office will be present to provide the
Council and the citizens of Andover with an update on law enforcement activities within the
City. .-
DISCUSSION
To be verbally presented.
ACTION REQUIRED
For Council information.
Respectfully submitted,
Lt. Shelly Orlando
Anoka County Sheriffs Office
4)]
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrato
Dave Carlberg, Community Develo nt Director
FROM: Courtney Bednarz, City Plannei
SUBJECT: Consider Variance Request (12 -01) to City Code 13 -1 -3 Frequency of Splitting
Lots at 15873 Linnet St. NW.
DATE: June 12, 2012
INTRODUCTION
The applicant is seeking approval of a variance to allow two lot splits to occur without the three
year waiting period required by City Code 13 -1 -3 which states:
13 -1 -3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this method of land
division on any parcel more than one time in any three (3) year period. A three (3) year waiting
period for a lot split is required on all lots, parcels or tracts from the date they were created by
previous lot splits under this chapter. (Amended Ord. 40, 8 -16 -1977)
DISCUSSION
Review Criteria
The city has adopted standards for variances to conform to state statute. City Code 12 -14 -7
is attached. This is an unusual request due to the fact that variances to this section of the City
Code are typically reviewed as part of a lot split application as provided by City Code 13 -1 -7
shown below:
13 -1 -7: VARIANCES: Variances from the requirements of this title, Title 11: Subdivision
Regulations, and Title 12: Zoning Regulations, may be granted by the City Council as provided
in City Code 12 -14 -7, except that any variance request shall be made as a part of the lot split
approval process. (Amended Ord. 407, 6- 21 -11)
The applicant has provided the attached letter, survey and grading plan to address the findings
required for granting a variance.
Background — Intent of Ordinance
Subdivision of property by metes and bounds description was initially restricted by Ordinance 10
Section 14 adopted in 1972 (attached). This section was based on a similarly worded Minnesota
Statute that dates back to 1945 (attached). The purpose of these sections was to limit subdivision
of property by metes and bounds description and to require the preparation of plats for a variety
of reasons; including:
• To allow cities to apply zoning and subdivision regulations as provided by statute
• To correct errors in previous metes and bounds descriptions and to prevent new errors in
the transcription of lengthy legal descriptions
• To simplify legal descriptions through the use of a lot and block number
• To ease understanding of property boundaries by graphically depicting them on a plat
drawing.
As you can see, Ordinance 10 Section 14 provided exemptions from its regulations based on
when a parcel was created or when hardship could be demonstrated. It appears the city has
approved three variances to allow multiple lots to be created through the lot split process. All of
these were approved in 1977 during the time that an ordinance for lot splits was being discussed.
In August of 1977 the city adopted Ordinance 40 to formalize a process for splitting of lots by
metes and bounds descriptions. This process is essentially a waiver of platting requirements.
Limitations were placed on the use of this process, including a limit of dividing one lot into two
lots and limiting the use of this process to once every three years. These limitations persist today
in City Code 13 -1 (attached). Staff could not find record of a variance being approved to allow
splitting of multiple lots through the lot split ordinance after ordinance 40 was adopted.
Since that time a number of small subdivision have been approved through the platting process
such as Ashwood Estates, Donahue Creekside Addition and Hanson Meadows. Each of these
subdivisions were infill developments that created three lots from a parent property as proposed
by the applicant.
Engineering Department Comments
The Engineering Department is recommending that a grading plan be prepared and approved for
the entire site so that as lots are individually graded, drainage will not affect lots as they develop.
Staff Recommendation
Staff cannot recommend approval of the proposed variance due to the fact it conflicts with City
Code 13 -1 -7 and the intent of City Code 13 -1 -1 and City Code 13 -1 -3.
Planning Commission Recommendation
The Planning Commission recommended denial with a 5 -1 vote (Olsen against, Peterson absent).
The minutes from the meeting are attached.
ACTION REQUESTED
The Council is asked to approve or deny the proposed variance and to modify the findings in the
attached resolution accordingly.
Attachments
Resolution
Location Map
City Code 12 -14 -7 Variances
Letter From Applicant
Property Survey
Grading Plan
City Code 13 -1 Splitting Lots, Parcels or Tracts of Land
Ordinance 10 Section 14 from 1972
Minnesota Laws Chapter 287 Subd. 2 from 1945
Ordinance 40 from 1977
Resolution Nos. 62 -7, 78 -7 and 82 -7
Ashwood Estates, Donahue Creekside Addition, Hanson Meadows
ji n Commission Minutes
submitted,
do
Cc: Scott Allen 15873 Linnet St NW
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING/DENYING A VARIANCE TO CITY CODE 13 -1 -3
FREQUENCY OF SPLITTING LOTS ON PROPERTY LOCATED AT 15873 LINNET
STREET NW LEGALLY DESCRIBED ON EXHIBIT A
WHEREAS, the Planning Commission held a public hearing and reviewed the variance request
to allow two lot splits without compliance with the three year waiting period provided in City
Code 13 -1 -3; and
WHEREAS the Planning Commission finds the request does not comply with City Code 13 -3;
and recommends denial of the proposed variance; and
WHEREAS, the City Council finds
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning Commission and hereby approves /denies the
variance request based on the findings in this resolution.
Adopted by the City Council of the City of Andover on this th day of 2012.
ATTEST:
Michelle Hartner, Deputy City Clerk
CITY OF ANDOVER
Michael R. Gamache, Mayor
Resolution R
Exhibit A
Legal Description (PID # 15- 32 -24 -43 -0018)
THE EAST 310 FEET OF THE WEST 1010 FEET LYING NORTH OF THE SOUTH 959.36
FEET OF THE SW1/4 OF THE SE1 /4 OF SECTION 15 TOWNSHIP 32 RANGE 24, ANOKA
COUNTY, MINNESOTA AS MEASURED ALONG THE WEST & SOUTH LINES OF SAID
1/4 1/4, SUBJECT TO EASEMENT OF RECORD
Nw-bq
Incorporated
1974
Variance
15873 Linnet Street NW
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City Code 12 -14 -7 Variances
12 -14 -7: VARIANCES:
A. Variances Authorized: The City Council, as authorized by Minn. Stat.
462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have
the authority to hear requests for variances from the requirements of the
zoning ordinance and other sections of the City Code where variances
are authorized, including restrictions placed on nonconformities.
(Amended Ord. 407, 6- 21 -11)
B. Review Criteria:
1. Variances shall only be permitted when they are in harmony with the
general purposes and intent of the official control and when the variances
are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11)
2. Variances may be granted when the applicant for the variance
establishes that there are practical difficulties in complying with the official
control. 'Practical difficulties," as used in connection with the granting
of a variance, means:
a. The property owner proposes to use the property in a
reasonable manner not permitted by an official control;
b. The plight of the landowner is due to circumstances unique to
the property not created by the landowner;
c. The variance, if granted, will not alter the essential character of
the locality;
d. Economic considerations alone do not constitute practical
difficulties. (Amended Ord. 407, 6- 21 -11)
C. Conditions Authorized: The City Council may impose conditions in the
granting of variances. A condition must be directly related to and must
bear a rough proportionality to the impact created by the variance.
(Amended Ord. 407, 6- 21 -11)
D. Specific Variances Authorized: No variance may be granted that would
allow any use that is not allowed in the zoning district in which the subject
property is located, except as follows: (Amended Ord. 407, 6- 21 -11)
1. Variances shall be granted for earth sheltered construction as defined
in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official
controls. (Amended Ord. 407, 6- 21 -11)
2. Variances may be granted for the temporary use of a one family
dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11)
E. Procedure: The procedure for granting variances is as follows:
1. Request For Variance; Fee: A person desiring a variance shall fill out
and submit to the Community Development Director a request for variance
City Code 12 -14 -7 Variances
application form together with a fee asset forth by ordinance'. (Amended
Ord. 407, 6- 21 -11)
2. Planning and Zoning Commission Review: A public hearing shall be
held by the Planning and Zoning Commission as provided in City Code
12 -14 -8. The Planning Commission shall make a recommendation to the
City Council based upon the provisions of City Code 12 -14 -7. (Amended
Ord. 407, 6- 21 -11)
3. City Council Action: The City Council may grant the variance based
upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11)
4. Appeals: The petitioner, if appealing an interpretation of this title by an
employee of the city which would require him /her to obtain a variance,
shall have the fee refunded if his /her appeal is upheld by the City Council.
5. Emergency Variance Requests: The City Council may waive Planning
and Zoning Commission review and take immediate action on emergency
variance requests that affect the immediate health, safety and welfare of
the citizens of Andover or if time constraints present severe hardship to
the applicant. The applicant is required to show the immediacy of the
issue and the potential health, safety or welfare threat. The City Council
shall determine if the request warrants immediate review. (Amended Ord.
407, 6- 21 -11)
6. Time Limit On Implementing Variance: If the City Council determines
that no significant progress has been made in the first twelve (12) months
after the approval of the variance, the variance will be null and void.
(Amended Ord. 8,10-21-1970)
Attachment 2a Letter From Applicant
Honorable Mayor and Council Members:
I am requesting a variance from city code title 13, section 13.1.3 (frequency of splitting lots) allowing me
to split and sell two of my four future lots at this time. As you can see in attachment 2b of this request,
the two future lots in question have been fully graded to plan, Cardinal Ridge 2 "d Edition, and once split
from existing property will be ready for sale. I currently have a builder interested in purchasing them but
obviously need to get this variance approved and the lot split process completed. I understand the
reasoning for the necessity of this section of code, to prevent lot splitting in large parcels without a
grading plan but as you can see my two lots are fully graded to plan and therefore I am requesting your
approval to this variance.
Thank you for your consideration.
Sincerely,
Scott Allen
15873 Linnet St NW
Andover, MN 55304
Section 13.1.3: Frequency of splitting lots:
No owner may utilize this method of land division on any parcel more than one time in any
three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts
from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8 -16 -1977)
0
CERTIFICATE OF SURVEY Property Survey
for� DESCRIPTION
Mras CUSTOM HOMES., EVL. fie east 310 feet of the west 1010 Met lAg north of the south 93936 feet
of the Southwest Gwrter of the Southeast Quarter. Seetim 15, Tomeho 3$
Rouge 24. Mato Q7anty, Nhnesoto, as measured elmyy the west and south
Ihsa of sold Sovthweat darter of the Southeast Quarter.
SLb, -t to a roadwvy eaaament aver, under and across that part of the above
daaMbsd prgaerty whkh lm wsstMy of o the pommal with and 30.00 feet
east of the folowhg desonbed the hwshafter referred to as Ihs 'A,
Beptnhy of the southwest comer of the above dos~ prop
srf�C
Mom an an assumed bvmMg of North 00 degrees 38 mhutes 3B
ssaw odr East dote the meat the of sold property a distance of
9.1 SD /set thence nar87sastemy a distance of 109.48 feet clang a radho ��n� gle o 20 to the minuutes escoed.�0.VW00
North 21 dorm 33 mhutes 11 seconds East tangent to last
akswbsd oune a distance of 3801 Met thence norMMy a
distance of 10A85 fast along a tangential cum concave to the
west ha *g a malts of 300.00 feet and a control mWe of 20
degrees 12 mhutm 37�ssconds to the north the of sold desombed
property and sold the A' Nero. tarmhathµ The dale the of sold
aaewment b prolonged or shortened to termhate an the north and
south the of sold descrbed property.
Also subbet to a drahage and ut9lty saaarnent over, under and
across the north 10.00 lost and the south 10.00 fast and the east
10.00 fact of sold descmbed property. And that part of sold
described property llhg between a line drown pard/d with and
30.00 feet east of sold described the A' and a the drawn parallel
with and 40 feet east of sold described One A' fie afdelhes of
add saastnent are prolonged or shortened to tenmhate an the
north and south the of sold property.
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City Code 13 -1 Splitting Lots, Parcels or Tracts of Land
CHAPTER 1
SPLITTING LOTS, PARCELS OR TRACTS OF LAND
SECTION:
13 -1 -1:
Definition
13 -1 -2:
Minimum Lot Requirements
13 -1 -3:
Frequency Of Splitting Lots
13 -1 -4:
Application For Lot Split
13 -1 -5:
Fees
13 -1 -6:
Review And Recommendations
13 -1 -7:
Variances
13 -1 -8:
Compliance With Provisions
13 -1 -9:
Application And Term Of Provisions; Conflicts
13 -1 -10:
Enforcement And Penalty
13 -1 -1: DEFINITION: A "lot split" is any division of a lot, parcel, or tract of
land into not more than two (2) parcels when both divided parcels meet or
exceed the minimum requirements for platted lots in the applicable zoning
district. (Amended Ord. 40, 8 -16 -1977)
13 -1 -2: MINIMUM LOT REQUIREMENTS: No lot, parcel or tract of land
shall be divided unless the resultant lots have at least the minimum width, depth
and square footage as required for any parcel of land in the zoning district
wherein the lot is located. (Amended Ord. 40, 8 -16 -1977)
13 -1 -3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this
method of land division on any parcel more than one time in any three (3) year
period. A three (3) year waiting period for a lot split is required on all lots, parcels
or tracts from the date they were created by previous lot splits under this chapter.
(Amended Ord. 40, 8 -16 -1977)
13 -1 -4: APPLICATION FOR LOT SPLIT: The applicant shall provide the
following information:
A. The scale and north direction.
B. Dimensions of the property.
C. Names and locations of adjacent streets.
D. Location of existing buildings on and within one hundred feet (100) of
0
subject property.
E. Current zoning and legal description.
F. Sufficient proof that the lot has not been split within the last three (3)
years.
G. A list of the property owners within three hundred fifty feet (350') of the lot
split.
H. Such other information as may be required to fully represent the
intent of the lot split. (Amended Ord. 40, 8 -16 -1977)
13 -1 -5: FEES:
A. There shall be a single charge as set forth by ordinance plus
consultant's fees, if any, for a lot split application.
B. Where parkland was dedicated or a park fee paid at the time the original
parcel was created, there shall be no park fee assessed or land
dedicated at the time of the lot split application. If no park fees have
been assessed nor land dedicated as above, the fee, as set forth by
ordinance for each lot created under this chapter, may be assessed for
park feeS2. (Amended Ord. 40, 8 -16 -1977; amd. 2003 Code)
13 -1 -6: REVIEW AND RECOMMENDATIONS:
A. Planning And Zoning Commission Review: The proposed lot split shall first
be presented to the Planning and Zoning Commission for its review and
recommendation. Such recommendations shall consider land uses, traffic
control, zoning regulation, future developments, and conformance with the
comprehensive development plan, and any other criteria deemed pertinent
by the Planning and Zoning Commission. (Amended Ord. 40, 8 -16 -1977)
B. Notice To Adjacent Property Owners: Upon receipt of an application for a
lot split, the Community Development Director shall notify by mail all
property owners within three hundred fifty feet (350') of the property of the
date of the review of such lot split. (Amended Ord. 40, 8 -16 -1977; amd.
2003 Code)
C. Planning And Zoning Commission Recommendation To City Council: The
division of a lot may be recommended for approval; provided that such
split is in conformance with the City Comprehensive Plan, does not
interfere with orderly planning, is not contrary to the public interest and
does not nullify the intent of this chapter.
16
See subsection 1 -7 -3H of this code.
2 SPa suhsp.ntion 1-7-3r, of this mrira
D. City Council Action:
1. Following review and recommendation by the Planning and Zoning
Commission, the request for a lot split shall be placed on the agenda of
the City Council in the following manner:
a. Recommendations from the Planning and Zoning Commission
meeting held on the second Tuesday shall be placed on the
agenda of the City Council at the first Tuesday meeting of the
following month.
b. Recommendations from the Planning and Zoning Commission
meeting held on the fourth Tuesday shall be placed on the agenda
of the City Council at the third Tuesday meeting of the following
month, unless there are five (5) Tuesdays in the given month from
which the recommendation of the Planning and Zoning Commission
is made, in which case, the recommendation shall be placed on the
agenda of the City Council at the first Tuesday meeting of the
following month.
2. Within sixty (60) days following receipt of the proposed lot split from the
Planning and Zoning Commission, the Council shall approve or
disapprove by resolution. If approved, a certified copy of the resolution
approving the lot split shall be forwarded to the petitioner.
E. Record Of Lot Split: The lot split, together with a certified copy of
the resolution, shall thereafter be filed with the County Recorder's
office.
F. Time Limit On Implementing Lot Split: If the City Council determines that
the conditions of approval are not met within twelve (12) months, the lot
split will be null and void. (Amended Ord. 40, 8 -16 -1977)
13 -1 -7: VARIANCES: Variances from the requirements of this title, Title
11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted
by the City Council as provided in City Code 12 -14 -7, except that any variance
request shall be made as a part of the lot split approval process. (Amended Ord.
407, 6- 21 -11)
13 -1 -8: COMPLIANCE WITH PROVISIONS:
A. The effect of this chapter shall not work to preclude compliance with
utilities hookup, payment of levied and pending assessments, and
performance of any other requirements of the ordinances of the city.
B. The owner, or agent of owner, of any parcel shall not divide any lot or
parcel for the purpose of sale, transfer, or lease with the intent of evading
the provisions of this chapter.
C. The owner, or agent of owner, of any parcel shall not sell or otherwise
convey said parcel with the intent of evading the provisions of this chapter
or circumventing attempts to plat acreage or otherwise subdivide tracts of
land within the city. (Amended Ord. 40, 8 -16 -1977)
D. No subdivision of land is allowed in the area designated on the
Comprehensive Plan as "rural reserve" unless storm sewer, sanitary
sewer and a municipal water supply are constructed to serve the area
being divided. The following exception is allowed: excluding minor parcels
that will not allow for additional building units that will not impede future
development of the rural reserve upon approval of the City Council. (Ord.
274, 9 -2 -2003)
13 -1 -9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS:
A. This chapter shall apply to and govern the entire city during the period for
which it is in effect. This chapter, during its effective period, shall replace
and supersede provisions in all other ordinances and regulations
applicable to the city which are in conflict or inconsistent with the
provisions herein. All ordinances and provisions therein which are not in
conflict with the terms and conditions of this chapter shall continue in full
force and effect.
13 -1 -10: ENFORCEMENT AND PENALTY: Any person, firm or corporation
violating any of the provisions of this chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished as defined by state law. The lot
splitting not in accordance with the requirements of this chapter may be enforced
by mandamus, injunction, or any other appropriate remedy in any court of
competent jurisdiction. (Amended Ord. 40, 8 -16 -1977)
12-
K e ,
f. Compliance with Law. The final plat shall be
prepared in accordance with all applicable State laws
and County ordinances.
11.02. Council Action. The Council Shall act on the
final plat within 60dayS of the date on which it was f iced
with the Clerk. The final plat shall nol be approved it it
does not conform to the preliminary plat including all
changes required by the Council, or does not meet the
engineering and design standards and specifications of
the Community.
11.03 Recording. Following approval of the final plat
by the Council, the Clerk shall promptly ratify the
subdivider of said approval and within 30 days
thereafter, the final plat shall be recorded with the
Register of Deeds or Registrar of Titles of Anoka
County. The subdivider shall forthwith furnish the
Clerk with a tracing and 3 copies of the final plat as
recorded, showing evidence of the recording on said
copies. Failure of the subdivider to comply with the
requirement of recording shall be cause for rescission
of approval
11.06 Required Final Plat Data. If shall be a
condition to the approval of a final plat that the
following data shall be shown on said plat or shall be
furnished therewith:
a. Municipal, township, county or section lines
accurately tied to the boundaries of the subdivision by
distances and angles.
b. Accurate angular and lineal dimensions for all
lines, angles and curvatures used to describe
boundaries, streets, easements, areas reserved for
public use, and other important features shall be
shown. Complete curve data shall be shown, including
radii. Internal angles, points and Curvatures, tangent
bearings, and lengths of all arcs. Dimensions of lot
lines shall be shown in feet and hundredths of feet. No
ditto work shall be permitted in indicating dimension.
c. Official monuments as designated and adopted by
the Canty Surveyor and approved by the District
Court for use as judicial monuments shall be set at
each corner or angle of the outside boundary of the
final plat. Location and ties of all monuments shall be
shown.
d. Pipes or steel rods shall be placed at each corner
of each lot and the location thereof shall be Shown.
e. An identification system for all lots and blocks
shall be shown.
I. Streets shall be named and all names shall be
Shown. A sequence of street naming shalt be followed
consistent with thepattern that has been established in
the area.
g. In the event the final plat Is a re-plat of an earlier
subdivision, the original platting of the subtlivision
shall be shown and identified by dotted lines.
h. Judicial and county ditches shall be shown by
dimensions and angles as determined from county
records.
1. Lax land and water areas shall be Indicated by an
idmlification symbol.
1. The maximum highwater level as defined in the
Department of Conservation Regulations and
Statewide Standards and Criteria for Management of
Shoreland Areas of Minnesota.
k. All utility and drainage easements, and the
dimensions thereof, shall be shown.
1. The names and platting of adjoining subdivisions
shall be shown and identified by dotted lines to a
distance of loo feet from the boundaries of the
subdivision under consideration. Lot, block and street
arrangements of such adjoining subdivisions stall be
shown. Where adjacent land is unplatted, it shall be so
indicated.
m. Before any residential plat may be approved and
before any permit may be issued for a residence
therein, the subdivider shall first present competent
proof that Ihenatural groundwater level at all times In
said subdivision is not less than 3 feet below the level of
the lowest portion of the proposed structure, or that a
satisfactory system of ground water control will be
Ordinance 10 Section 14 from 1972
constructed as an integral part of the proposed subdivision isfiled within6monthsof the effective date
residential subdivision. of this ordinance.
SECTION 13. REGISTERED LAND SURVEYS.
The provisions of this ordinance shall apply to all
registered land surveysw)thin the Community, and the
standards, regulations and procedures hereof shall
govern the subdivision of land by registered land
survey. Building permits shall be withheld on tracts
which have been subdivided by unapproved registered
land surveys; and the Community shall decline to
accept tracts as streets or roads Or to improve, repair
or maintain such tracts within an unapproved
registered land survey.
SECTION 13. EASEMENTS.
Prior to the submission of a final plat, registered
land survey or land Subdivision to the Council for
approval, the subdivider shall furnish the Community
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 Community. Said easements shalt be
in proper form for recording in the Office of the
Register Of Deeds or Registrar of Titles. Duplicate
certificates of title shall be made available for the
filing of easements on registered land. No final plat
shall be approved by the Council until there has been
full compliance with this section.
SECTION 14. RESTRICTIONS ON FILING AND
RECORDING CONVEYANCES.
14.01 Restrictions on Filing and Recording. In
accordance with applicable Slate law, no conveyance
of land to which the regulations are applicable shall be
filed or recorded, if the land Is described in the
conveyance by metes and bounds or by reference to an
unapproved registered land survey made after April
21, 1961 or to an unapproved plat made after such
regulations become effective. Theforeaoing provision
does not apply to a conveyance if the land described:
(1) was a separate parcel of record April 1, 1945 or
the date of adoption of subdivision regulations Under
Laws 19,15, Chapter 287, whichever is the later, or of the
adoption of subdivision regul ations pursuant to a home
rule charter, or
(2) was the subject of a written agreement to convey
entered into prior to such time,
(3) was a separate parcel of not less than two and
one -half acres inarea and 150 feel in width on January
1, 1966 or is a single parcel Of land not less than five
acres and having a width of not less than 300 feet.
Its any case in which compliance with the foregoing
restrictions will create an unnecessary hardship and
failure to comply does not interfere with the purpose of
the subdivision regulations, the platting authority may
waive such compliance by adoption of a resolution to
that effect and the conveyance may then be filed or
recorded. Any owner or agent of the owner of land who
conveys a lot or parcel in violation of the provisions of
this subdivision shall forfeit and pay tO the
municipality a penalty of not less than 5300.00 for each
lot or parcel so conveyed. A municipality may enjoin
such conveyance or may recover such penalty by a
civil action in any court of competent Jurisdiction.
14.02 Hardship. In any case in which compliance with
he foregoing restrictions will create an unnecessary
lardship and failure to comply does not interfere with
the purpose of this ordinance, the Council may waive
such compliance by adoption of a resolution to that
effect and the conveyance may then be filed or
recorded.
14.03 Penalty. Any owner or agent of the owner of
land who conveys a lot or parcel in violation of the
provisions of this section shall forfeit and pay to the
Community a penally of not less than $100 for each let
or parcel so conveyed. The Community may enjoin
such conveyance or may recover such penalty by a
civil action in any court of competent jurisdiction.
SECTION 15. PLATS PREVIOUSLY APPROVED.
All preliminary or final plats, registered land
surveys, or other subdivisions of land approved by the
Town Board but not filed with the Register of Deeds
under previous ordinances shall not be subject to
requirements of this ordinance, provided Said
/3
SECTION 16. PERMITS
16.01 Improvements. All electric and gas distribution
lines or piping, roadways, walks and other similar
improvements shall be constructed only an a street, or
other public way Or easement which is designated on
an approved plat, or properly indicated on the official
map of the Community, or which has otherwise been
approved by the Council.
16.02 Access. No permit for the erection of any
building shall be issued unless such building is to be
located upon a parcel of land abutting on a street or
highway which has been designated on an approved
plat, Cron the official map of the Community, or which
has been otherwise approved by the Council. This
I imitation on issuing permits shall not apply to planned
unit developments approved by the Council pursuant to
the Zoning Ordinance.
16.03 Limitations. No building permit shall be Issued
for th a erection of any building on any land conveyed In
violation of the provisions of this Ordinance. No permit
shall be Issued for the erection of any building on any
tract Of land described by metes and bounds and
consisting of less than 5 acres and having a width of
less than 330 feet.
SECTION 17. VARIANCES.
17.01 Hardship. The Council may grant a variance
from the requirements of this ordinance as to specific
tracts of land where R Is shown that by reason of
topography of other physical conditions strict
compliance with these requirements could cause an
exceptional and undue hardship to the enjoyment Of at
substantial property right; provided, that a variance
may begranted Only if the variance does not adversely
affect the adjacent property owners and
Comprehensive Plan or the spirit and intent of this
ordinance.
17.02 Procedure. Written application for a variance
shall be filed with the Clerk, and shall state fully all
facts relied upon by the applicant. The application
shall be supplemented with maps, plans or other data
which may aid in an analysis of the matter. The
application shall be referred to the Planning
Commission for its recommendation and report to the
Council.
17.03 Council Action. No variance shall be granted by
the Council unless it shall have received the
affirmative vote of a majorDy o/ the full Council.
SECTION 16. VIOLATION AND PENALTY.
Any person, firm or corporation violating any of the
provisions of this ordinance Shall be guilty of a
misdemeanor, and upon conviction thereof shall be
punished by a fine of not more than 3300 or by
imprisonment not to exceed 90 days or both for each
Offense.
The platting, replalting, subdividing or conveyance
of land not in accordance with the requirements of this
ordinance may be enforced by mandamus, injunction,
or any other appropriate remedy in any court of
competent jurisdiction.
SECTION 19. REPEAL.
All ordinancesor portions thereof in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 20. EFFECTIVE DATE.
This ordinance shall take effect antl be in force from
and after Its passage and publication.
Passed by the Council this 15th day of February,
19th. '
Lou Appleby
CHAIRMAN
ATTEST:
Mary L. West
CLERK
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Published in Anoka Co. Union
Feb. 25, 1972
Minnesota Laws Chapter 287 Subd. 2 from 1945
2871 OF MINNESOTA FOR 1945 505
reasonable regulation of the municipality applicable thereto.
No plat shall_ be filed or accepted for filing unless it is accom-
panied by a certified copy of the resolution approving •it or
accepting it as being in accord and conformity with any plans
or regulations as herein specified. A copy of this resolution
shall be supplied to the applicant.
Subd. 2. Description in conveyance. In any municipality
in which such platting regulations are in force; no conveyance
of land in which the land conveyed is described by metes and
bounds or by reference to a plat made after such regulations
become effective which is not approved as provided in Subdi-
vision 1 shall be made or recorded if the parcel described in
the conveyance is less than two and one -half acres in area
and 150 feet in width unless such parcel is a separate parcel
of record at the time of the adoption of this act or of the
adoption of platting regulations under this act, whichever is
the later, or unless an agreement to convey such smaller parcel
has been entered into prior to such time and the instrument
showing the agreement to convey is recorded in the office of
the register of deeds within one year thereafter. In any case
in which compliance with the foregoing provision will involve
an unnecessary hardship and failure to comply does not inter-
fere with the purpose of such platting regulations, the govern-
ing body may waive such compliance by adoption of a resolu-
tion to that effect with the consent of the planning commission,
if there is one, and the conveyance may then be recorded. Any
owner or agent of the owner of land who conveys a lot or
parcel, in violation of the foregoing provision shall forfeit and
pay to the municipality a penalty of not less than $100.00 for
each lot or parcel so conveyed. A municipality may enjoin
such conveyance by action for injunction or may recover such
penalty by a civil action in any court of competent jurisdiction.
Subd. 3. Published notice. When a copy of any plat is
filed with a municipality for approval, published notice shall
be given of a public hearing to be held within 30 days there-
after, in a newspaper published in that municipality or in the
county if there is no newspaper published in the municipality.
At such hearing all persons interested therein may be heard
and the council may thereafter, approve or disapprove the plat.
Such approval or disapproval shall be given not more than
60 days after the filing of any plat with a formal request for
its approval. The grounds for any refusal to approve a plat
shall be set forth in the proceedings of the council and reported
to the person or persons applying for such approval. Plats
after approval, may then be recorded as now provided by law.
ly
CITY OF ANDOVER Ordinance 40 from 1977
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.40
AN ORDINANCE REGULATING THE DIVISION OF LOTS WITHIN THE
CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains:
SECTION I- DEFINITION
A lot split is any division of a lot, parcel or tract of land into not more than
two (2) parcels when one or both divided parcels have a width of less than
300 feet and are less than five (5) acres in size.
A. No lot, parcel or tract of land shall be divided unless the resultant
lots have at least the minimum width, depth and square footage as
required for any parcel of land in the zoning district wherein the
lot is located.
B. No owner may utilize this method of land division on any parcel "
more than one (1) time in any three (3) year period. A three (3)
year waiting period for a lot split is required on all lots, parcels
or tracts from the date they were created by previous lot splits
under this ordinance.
SECTION II - APPLICATION
Application for a lot split shall be made on forms furnished by the City and
shall include a drawing showing:
1) The scale and north direction .
2) Dimensions of the property.
3) Names and locations of adjacent streets..
4) Location of existing buildings on andwiihixi 100 feet of subject property.
5) Such other information as may be required to fully represent the
intent of the lot split.
b) Current zoning and legal description.
7) The applicant must provide sufficient proof that the lot has not been
split within the last three (3) years.
8) Provide a list of the property owners within 350' of the lot split.
SECTION III - REVIEW AND RECOMMENDATIONS
A. The proposed lot split shall first be presented to the Planning and
Zoning Commission for its review and recommendation. Such
recommendations shall consider land uses, traffic control, zoning
regulations, future developments, and conformance with the Comprehensive
Development Flan, and any other criteria deemed pertinent by the
Planning and Zoning Commission.
IS
B. Upon receipt of an application for a lot split, the Clerk shall notify
by mail, all property owners wi thin 350 feet of the property of the
date of the review of such lot split.
C. The division of a lot may be recommended for approval provided
that such split is in conformance with the City's Comprehensive
Plan, doei s not interfere with orderly planning, is not contrary to
the public interest and does not nullify the intent of this ordinance.
D. Following review and recommendation by the Planning and Zoning
Commission, the request for a lot split shall be conveyed to the
City Council. Within 60 days following receipt of the proposed lot
split from the Planning and Zoning Commission, the Council shall
approve or disapprove by resolution. If approved, a certified copy
of the resolution approving the lot split shall be forwarded to the
petitioner. The lot split, together with a certified copy of the
resolution, shall thereafter be filed with the Recorders Office of
Anoka County.
SECTION IV - APPEAL PROVISIONS
The City Council shall have the power to vary or modify the application of
any provisions in this ordinance upon its determination in its absolute
legislative discretion that such variance or modification is consistent with
the letter and intent of the Comprehensive Plan or proposed amendment
upon which this ordinance is based, and with the health, safety, and
general welfare of the City of Andover. Upon receiving any application for
such variance or modification, (such application shall include the information
contained in Section II of this ordinance) the City Clerk shall refer such
application to the Planning and Zoning Commission of the City for report of
said Planning and Zoning Commission with respect to the effect of the variance
or modification upon said Community Development Plan or proposed amendment.
Such report shall be returned by the Planning and Zoning Commission to the
City Council within 60 days for City Council action.
SECTION V - FEES
A. There shall be a single charge of $25. 00 plus engineering costs, if any,
for a lot split application.
B. Where parkland was dedicated or park fees paid, there shall be no park
fee assessed or land dedicated. If no park fees have been assessed nor
land dedicated, the charge of $100 for each lot of less than five acres
in size created under this ordinance, shall be assessed for park fees.
`(Q
SECTION VI - COMPLIANCE
A. The effect of said Ordinance shall not work to preclude compliance with
utilities hook -up, payment of levied and pending assessments, and
performance of any other requirements of Ordinances of the City of
Andover.
B. The owner, or agent of owner, of any parcel shall not divide any
lot or parcel for the purpose of sale, transfer, or lease with the
intent of evading the provisions of this Ordinance.
C. The owner, or agent of owner, of any parcel shall not sell or
otherwise convey said parcel with the intent of evading the provisions
of this Ordinance or circumventing attempts to plat acreage or
otherwise subdivide tracts of land within the City of Andover.
SECTION VII - PENALTIES
Any person, firm or corporation violating any of the provisions of this
ordinance shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished as defined by State Law.
The lot splitting not in accordance with the requirements of this ordinance.
may be enforced by mandamus, injunction, or any. other appropriate remedy
in any court of competent jurisdiction.
SECTION VIII - AFFECTED AREAS: SUPERCEDES
This ordinance shall apply to and govern the entire City of Andover during the
period for which it is in effect. This ordinance during its effective period
shall replace and supercede provisions in all other ordinances and regulations
applicable to the City of Andover which are in conflict or inconsistent with
the provisions herein. All ordinances and provisions therein which are not
in conflict with the terms and conditions of this ordinance shall continue in
full force and effect.
A. Variance provisions and requirements thereto under Section 17 of
Ordinance No. 10 of the City of Andover do not apply to this ordinance.
SECTION IX - VALIDITY AND EFFECT
The validity of any word, sentence, section, clause, paragraph, part or provision
of this ordinance shall not affect the validity of any other part. This ordinance
shall be in effect until amended, revised or superceded by the City of Andover.
Adopted by the Andover City Council this
/7
16th day of August , 1977.
OF ANDOVER
- Mayor
Patricia K. �9AdgVst - City Clerk
t
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO. 62 -7
A RESOLUTION APPROVING A VARIANCE REQUEST FOR THE DIVISION OF
LAND FOR DONALD HALLBLADE IN THE GREEN ACRES AREA.
WHEREAS, a financial hardship has been incurred by the property
owner as a result of sanitary sewer assessments, and
WHEREAS, a further financial hardship would be incurred if the
property owner was required to plat, and
WHEREAS, such costs would increase the price of each lot to
an unreasonable figure, and
WHEREAS, the lot split is compatible with the surrounding area
as to size and usage.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby grant a variance to Donald and Barbara Hallblade
allowing them to divide Parcel No. 6370, Plat 65929, into three separate
parcels without following platting procedure as required by Ordinance No. 10.
BE IT FURTHER RESOLVED by the City Council of the City of
Andover that such variance approval is subject to the attached drawing, shown
as Exhibit "A ", relative to drainage easement on the proposed northeast parcel.
Adopted by the City Council of the City of Andover this 17th day of May ,
1977.
TEST:
Patricia K. Lir7dqui/st -,City Clerk
(City Seal)
r�
CITY OF ANDOVER
J4#ry S indschitl - Mayor
CITY OF ANDOVER
COUNTY OFANOKA
STATE OF MINNESOTA
NO. 78 -7
A RESOLUTION APPROVING THE VARIANCE REQUEST FROM THE
PROVISIONS OF ORDINANCE NO. 100 FOR THE DIVISION OF PARCEL 550,
PLAT 68110.
WHEREAS, pursuant to the provisions of Ordinance No. 10, the
Andover Planning and Zoning Commission has reviewed the variance request
to subdivide Parcel 550, Plat 68110 into four separate lots, and
WHEREAS, as a result of such review, the Andover Planning and
Zoning Commission is recommending approval of the variance, and
WHEREAS, the Planning and Zoning Commission is making such
recommendation in that the lots are compatible with the surrounding area
and there has been no public opposition, and
WHEREAS, the Andover Park and Recreation Commission is
recommending that a park dedication fee not be required inasmuch as the
fee was paid with the original plat, and
WHEREAS, the City Engineer has reported favorably on the
divisions per the attached map and legal descriptions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Andover to hereby approve the variance request by T. Cherney
for the division of Parcel 550, Plat 68110, described as Lot 1, Block 2,
Red Oaks Third Addition, pursuant to Ordinance No. 10, Section M. M,
into four (4) separate parcels per the attached "Exhibit A ".
BE IT FURTHER RESOLVED by the City Council of the City of
Andover that said variance is approved contingent on the payment of an
Escrow Deposit of $50. 00.
Adopted by the City Council of the City of Andover this 5th day of July ,
1977.
ATTEST:
K. Itindcaiist; - City Clerk
CITY OF ANDOVER
!q
Jer,Fy W�ndschitl - Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO. R82 -7
A RESOLUTION APPROVING A VARIANCE REQUEST FROM THE PROVISIONS
OF ORDINANCE NO. 10, FOR THE DIVISION OF PARCEL 4700, PLAT 65933.
WHEREAS, pursuant to City Ordinance No. 10, the Andover Planning
and Zoning Commission has reviewed the variance request of Richard Hoggatt
to subdivide Parcel 4700, Plat 65933 into three (3) lots, and
WHEREAS, as a result of such review, the Andover Planning and
Zoning Commission has recommended approval, and
WHEREAS, the Andover Planning and Zoning Commission cites as
reasons for such recommendation as being 1) lots created are compatible
with the surrounding area, 2) Coon Creek Watershed Board has approved the
division, and 3) there has been no public opposition, and
WHEREAS, the Andover Park and Recreation Commission has
recommended that the developer pay $100. 00 per lot as park dedication fee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby approve a variance request from Richard Hoggatt
for the subdivision of Parcel 4700, Plat 65933 into three (3) separate parcels;
said Parcel 4700 described per the attached Exhibit "A "; with said variance
being granted from Ordinance No. 10, Section M. M.
BE IT FURTHER RESOLVED by the City Council of the City of Andover
that said variance is approved contingent on the payment of $300. 00 as park
dedication fee.
Adopted by the City Council of the City of Andover this 5th day of July ,
1977.
7---AI4. ✓L
ricia K. d nst - City Clerk
CITY OF ANDOVER
d
Je' ry W dschitl - Mayor
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Regular Andover Planning and Zoning Commission Meeting
Minutes —June 12 2012
Page 2
Motion by Commissioner Cleveland,
May 8, 2012 Planning an
d1iy-Geim tssi Holthus, to approve the
minutes as amended. Motion carried on a
PUBLIC HEARING: Variance (12 -01) to City Code 13 -1 -3 Frequency of Splitting
Lots at 1 5873 Linnet Street NW.
City Planner Bednarz stated the applicant is seeking approval of a variance to allow two
lot splits to occur without the three (3) year waiting period required by City Code 13 -1 -3.
This is an unusual request due to the fact that variances to this section of the City Code
are typically reviewed as part of a lot split application as provided by City Code 13 -1 -7.
He reviewed the background and the intent of the ordinance. The Engineering
Department is recommending that a grading plan be prepared and approved for the entire
site so that as lots are individually graded, drainage will not affect future lots as they
develop. Staff cannot recommend approval of the proposed variance due to the fact it
conflicts with City Code 13 -1 -7 and the intent of City Code 13 -1 -1 and City Code 13 -1 -3.
Commissioner Olson stated that the two (2) proposed lots are included in the grading plan
that was provided to the Commission. This plan also includes a retention pond. He
asked if the pond had an outlet to the south. He also asked why these lots were
incorporated into the Cardinal Ridge Plat but they were not subdivided.
City Planner Bednarz stated the pond did have an outlet to the south. He clarified when
the Cardinal Ridge 2nd Addition was approved the review of the grading plan showed the
developer had two (2) options with this area. One option had been to build a retaining
wall to retain the storm water in the lots adjacent to Mr. Allen's property and the other
option had been to work with the property owner to match the grade on those lots to the
development which was what was selected.
Chair Daninger asked for clarification regarding what would happen with Linnet Street.
City Planner Bednarz stated the map shows Linnet Street extending north. The City has a
street easement in that area but during the Cardinal Ridge Plat, the City Council had
decided that the connection would not be made. The street easement still exists but the
City does not plan on making this connection at this time. The easement has not been
vacated because the City Council chose not to do this.
Commissioner Olson asked if the City owned the lots to the south of the retention pond or
if the individual lots owned to the center of the pond.
City Planner Bednarz clarified the property lines extend to the center of the pond. He
also explained fences are not allowed to extend into the drainage area.
Regular Andover Planning and Zoning Commission Meeting
Minutes — June 12 2012
Page 3
Motion by Commissioner Holthus, Seconded by Commissioner Cleveland to open the
public hearing at 7:14. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote.
Mr. Scott Allen, 15873 Linnet Street NW, Andover, stated he is requesting a variance
from City Code Title 13, Section 13.1.3, allowing him to split and sell two (2) of his four
lots at this time. The two (2) proposed lots have been fully graded to the Cardinal Ridge
2nd Addition plat and once split they would be ready for sale. Currently there is a builder
interested in purchasing these two (2) properties if a lot split variance can be obtained.
He explained he would be willing to grant the necessary drainage easements to the City
in order to complete this request. Approval of this request would also allow two (2)
deferred assessments to be paid. The cost to have these two (2) lots platted would not be
financially feasible at this time. The City's Engineering Department has requested a
grading plan be completed for the entire lot but this is unnecessary because the two (2)
proposed lots have already been graded to specifications for the Cardinal Ridge 2nd
Addition. He explained he needed to split two (2) lots at this time so he would like to
get a variance approved prior to selling them. If the lot split is not approved he will not
be selling either lot at this time. He clarified the Cardinal Ridge 2nd Addition
development has one (1) lot remaining and the builder would be interested in building a
model on one (1) lot and have the two (2) lots available for sale.
Commissioner Gudmundson asked if the property currently has City utilities.
City Planner Bednarz stated City utilities had been included to the property line for these
two (2) potential lots.
Motion by Commissioner Holthus, Seconded by Commissioner Cleveland to close the
public hearing at 7:20. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote.
Commissioner Olson stated these two (2) potential lots have been engineered and graded
so they could be split and sold as part of the Cardinal Ridge 2nd Addition development.
The applicant has been able to provide most of the information required by the City with
the exception of having a plat done, which would include the lot corners and easements.
He expressed concerns with the property being split further than the proposed lots
because he did not believe the remaining lot would be adequate to support additional lot
splits.
City Planner Bednarz stated if this lot split is approved he would have approximately 2-
acres remaining.
Commissioner Holthus stated approving the lot split does make sense given these
circumstances but City Ordinance 10 Section 14 was created to encourage the platting
process. She clarified she would not like to see the City set precedent that allows the
platting process to be omitted.
Regular Andover Planning and Zoning Commission Meeting
Minutes — June 12 2012
Page 4
Commissioner Gudmundson asked what other information would be provided through
the lot split process that is currently not provided. She clarified that she does not feel the
Commission has all the information they need to make this decision based on what is
being presented.
City Planner Bednarz stated a plat would include a grading plan, a full layout of the
property including Mr. Allen's remaining property and what additional lots could be
achieved, dedicated easements identified, and a simplified legal description. A typical
lot split request includes a map that shows the new lot boundaries, and a new legal
description.
Commissioner Gudmundson stated she would not recommend approval of this variance
without all the information and this information would be provided through the platting
process and following the City's ordinances.
Commissioner Olson clarified if the applicant was requesting a lot split only then a
grading plan would not be provided and there is one in this situation. He stated if this
request is approved the Planning Commission is approving the lot split and a variance
from the procedure, which requires a plat.
Commissioner Holthus stated if the variance is granted then the lot split application
would still need to be approved.
Commissioner Cleveland stated he agrees with both sides of the argument. Having two
(2) lots with homes on them would be better than two (2) empty lots but it is setting a
precedent. These lots are graded but if this is granted then the next person may not have
the property graded and they would expect a variance. The City has ordinances in place
and these should be followed.
Commissioner Nemeth stated the platting process would provide the missing information
that is needed to approve this application. He would like to see the full property laid out
and what would be remaining. He would like to see additional information prior to
making a decision.
Chair Daninger stated he would not be in favor of approving this request at this time.
Financial hardship is not a valid reason for the Commission to approve a variance and
approving this request would be setting a precedent that negates the platting process.
Motion by Commissioner Holthus, Seconded by Commissioner Gudmundson, to deny a
Variance to City Code 13 -1 -3 Frequency of Splitting Lots on Property located at 15873
Linnet Street NW because it does not meet City Code 10 -14. The motion carried on a 5-
ayes, 1 -nay (Olson), 1- absent (Peterson) vote.
City Planner Bednarz stated this item would be presented to the City Council at the June
19, 2012 City Council meeting.
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 12 2012
Page 5
OTHER BUSINESS.
Community Development Director Carlberg provided an update regarding the actions
taken by the City Council including the Comprehensive Plan Amendment and the Arbor
Oaks /Grey Oaks PUD Amendment. He reviewed the Planning Commission
recommendations that had been made and what had been approved by the City Council.
Commissioner Cleveland asked if the northwest corner of the facility had been looked at
and if there had been changes to the building design.
Community Development Director Carlberg stated the turning movements had been
reviewed and there will not be any changes to the building design in this area.
City Planner Bednarz stated the Primary Election is scheduled for August 14 and the
Planning Commission is asked to change their meeting from 7:00 p.m. to 8:01 p.m. on
August 14 or to meet on August 13 or August 15. There would be a workshop in July.
Consensus was reached to meet at 8:01 p.m. on August 14, 2012.
ADJOURNMENT.
Motion by Commissioner Holthus, seconded by Commissioner Cleveland, to adjourn the
meeting at 7:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote.
Respectfully Submitted,
Tina Borg, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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1
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City
FROM: Michelle Hartner, Deputy City
SUBJECT: Reschedule August 7th Council Meeting
DATE: June 15, 2012
INTRODUCTION
August 7, 2012 is scheduled to be Night to Unite and also a regularly scheduled Council
meeting night.
DISCUSSION
To give the Council the opportunity to attend Night to Unite events throughout the City,
it is recommended that the August 7, 2012 Council meeting be rescheduled.
Suggested options are:
ACTION REQUIRED
Monday, August 6, 2012
Wednesday, August 8, 2012
Or another date acceptable to the Council
Council is requested to reschedule the August 7, 2012 Council meeting to a date
acceptable to the Council.
Respectfully submitted,
Michelle Hartner
Deputy City Clerk
VC I T Y 0 F
N Db 06WE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO:
FROM:
SUBJECT:
DATE:
Mayor and Council Members
Jim Dickinson, City Administrator
Schedule July EDA meeting
June 19, 2012
INTRODUCTION
The Council is requested to schedule an Economic Development Authority (EDA) meeting at
6:00 pm before the July 3, 2012 City Council meeting.
DISCUSSION
Tentative agenda items for an EDA meeting have been identified as follows:
1. Approve Meeting Minutes
2. Retail Market Analysis Discussion
3. Parkside at Andover Station Update
4. Trident Development (Arbor Oaks) Update
5. Redevelopment Discussion
6. Other Business
Other items may be added upon request, or the meeting will be cancelled if no new
information comes forward on the identified agenda items.
ACTION REQUIRED
Schedule an EDA meeting at 6:00 pm before the July 3, 2012 City Council meeting.
submitted,
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule July Council Workshop
DATE: June 19, 2012
INTRODUCTION
The Council is requested to schedule a Council Workshop for the month of July for a number of
miscellaneous business items.
DISCUSSION
Potential agenda items for a general July workshop have been identified as follows:
1. Community Tour - ??
2. Discuss County Roads & Intersections
3. 2013 Budget Development Discussion
4. 2013 -2017 CIP Development Discussion
5. 2012 General Fund Budget Progress Report
6. City Investments Review
7. Other Topics — dependent on May & June activities
Other items may be added upon Council request or operational need.
ACTION REQUIRED
Schedule a July Council workshop for July 24`h or July 31" at 6:00 pm or another date and time
acceptable to the Council.
ANDOVE 4 '
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Administrator's Report
DATE: June 19, 2012
The City Administrator will give a brief verbal update on various items of interest to the City
Council and to the residents at the meeting. Listed below are a few areas of interest:
1. Administration & City Department Activities
2. Update on Development/CIP Projects
- Trident Development/Arbor Oaks
- Wal -Mart proposal
- Parkside at Andover Station
- Platting activity
3. Meeting reminders /Community Events
Upon receipt of the meeting packet, if a member of the Council would like an update on a
particular item, please notify me so an adequate update can be made.
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO: Mayor & Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Item for June 19, 2012 City Council Meeting
DATE: June 19, 2012
The City Council is requested to receive the following supplemental information.
Consent Items
Add -On. Accept Resignation/Senior Planner (Supplemental) - Administration
Discussion Items
Item #8. Anoka County Sheriff's Office Monthly Report (Supplemental) — Sheriff
Closed Session
Add On. Negotiations onPIDs 11- 32 -24 -32 -0001, 11- 32 -24 -31 -0001, & 11- 32 -24 -24 -0001
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: James Dickinson City Administrator
FROM: Dana Makinen, Human Resources Manager
SUBJECT: Accept Resignation of Courtney Bednarz, Senior Planner
DATE: June 19, 2012
INTRODUCTION
This item is to acknowledge the resignation of Courtney Bednarz, Senior Planner.
DISCUSSION
Courtney's last day with the City of Andover is June 19, 2012. He resigned for personal reasons.
The Human Resources department would like to advertise and recruit candidates for this position.
The Senior Planner is an important position. The person will be dealing with commercial
development, land use changes, and other zoning issues.
BUDGETIMPACT
None. This was already identified in the 2012 Budget.
ACTION REQUESTED
The City Council is requested to acknowledge the resignation of Courtney Bednarz and authorize
Human Resources to begin recruitment for a new Senior Planner.
Respectfully submitted,
Dana Makinen
L'
CITY OF ANDOVER — MAY 2012
ITEM
MAY
APRIL
YTD 2012
MAY
YTD 2011
Radio Calls *
786
805
3,781
3,714
Incident Reports
688
681
3,344
3,270
Burglaries
7
6
29
26
Thefts
33
36
164
191
Crim.Sex Cond.
1
2
5
8
Assault
2
1
15
11
Dam to Prop.
14
13
64
49
Harr. Comm.
3
7
32
44
Felony Arrests
10
4
30
37
Gross Mis.
2
1
8
7
Misd, Arrests
23
23
108
110
DUI Arrests
10
13
39
55
Domestic Arr.
5
5
18
21
Warrant Arr.
8
7
27
36
Traffic Arr.
171
135
882
848
* Total Radio Calls for the month and YTD are the sum from City of Andover and Community Service Officer
pages.
DUI OFFENSES:
DAY
OF
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
WEEK:
TIME:
02:35
11:11
18:23
01:53
14:21
13:08
17:26
03:44
20:57
19:53
CITY OF ANDOVER — MAY 2012
COMMUNITY SERVICE OFFICER REPORT
ITEM
MAY
APRIL
YTD 2012
MAY
YTD 2011
Radio Calls
130
97
444
514
Incident Reports
161
103
491
532
Accident Assist
2
2
12
27
Veh. Lock Out
26
19
95
139
Extra Patrol
347 *
360 *
964
977
House Check
0
0
14
73
Bus. Check
0
1
7
27
Animal Compl.
51
37
163
193
Traffic Assist
12
12
49
50
Aids: Agency
95
79
342
771
Aids: Public
64
20
174
150
Paper Service
0
0
0
0
Inspections
0
0
2
0
Ordinance Viol.
7
0
14
18
* Higher number of Extra Patrol due to Parks patrol shift