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Home My WebLink AboutCC December 7, 1999 -\ J o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - Tuesday, December 7,1999 agenda Call to Order - 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes Bookmark Name minutes Discussion Items 1. Hold Public Hearing/Adopt Assessment Rol1l97-26A1Hamilton Square ph9726a 2. Hold Public Hearing/Adopt Assessment RoIU98-32/3512 - 142nd Avenue NW ph9832 3. Approve RezoningIWoodland Estates Second Addition/Woodland Development Corp. rzwood2 4. Approve Preliminary Plat/Woodland Estates Second Addition/Woodland Development Corp. ppwood2 5. Approve Special Use Permit/Area I.D. Sign/ Woodland Development Corp. supwood2 6. Accept Petition/Order Feasibility Report/99-35/Woodland Estates 2nd Addition pet9935 7. Approve Rezoning/Shadowbrook 6th Addition/Bunker, LLC rzshadow6 8. Approve Preliminary Plat/Shadowbrook 6th Addition/Bunker, LLC ppshadow6 9. Accept Petition/Order Feasibility Report/99-18/Shadowbrook 6th Addition pet9918 10. Approve Compo Plan Amendment/SunridgefD.H. Land Company cpsunridge 11. Approve Rezoning/SunridgefD.H. Land Company rzsunridge 12. Approve Special Use PermitIPlanned Unit Development/SunridgefD.H. Land Company pudsunridge 13. Approve Preliminary Plat/SunridgefD.H. Land Company ppsunridge 14. Approve Special Use Permit/Area l.D. Signs/SunridgefD.H. Land Company supsunridge 15. Accept Petition/Order Feasibility Report/99-36/Sunridge pet9936 16. Accept Payment/Approve Temp. Workspace Request/City Properties/INorthem Natural Gas Co northern Staff, Committees, Commissions 17. Approve Resolution Establishing Fees for Park Patrol for Associations 18. Schedule Special Joint Meeting with City Council & Park and Recreation Commission 19. Discuss Planning & Zoning Commission Reappointments/Chair Position 20. Approve Funding/North Suburban Home Remodeling Fair 21. biscuss Intersection of Bunker Lake Blvd/Crooked Lake Blvd patrol ccpr pzchair fair intersection --,' j Non-Discussion/Consent Items 22. Approval of Union Contract 23. Approve Sheriffs Contract/2000 24. Approve Hire/Accounting Clerk/Finance Department 25. Approve Resolution Regarding Investment of Funds 26. Accept Bids & Approve PurchaseINew Fire Truck/Fire Department 27. Approval to Solicit BidsIBreathing Air Compressor/Fire Station #1 28. Authorize PurchaseIBobcat & Misc. EquipmentIPublic Works 29. Approve Street Light Location/Constance Blvd & University Ave NW 30. Reduce Letter ofCreditJAssessments/97-8/Chesterton Commons (Phase I) 31. Advertise for VacanciesIPark & Recreation Commission 32. Discuss Request/Snowmobile in Park Property/The Meadows of Round Lake union sheriff acctclerk investment truck compressor bobcat strlight 1cassess978 vacancy snowmobile '\ ,) Regular City Council Meeting Tuesday, December 7,1999 Page Two ,) 33. Accept Petition/Order Feasibility ReportJ99-37/l680 Andover Blvd NW 34. Approve Resolution Establishing 2000 User Fees for the Use of Fields and Hockey Rinks 35. Main Street (MN 242) Update 36. Vacation ofEasement/13811 Palm Street NW/ Continued 37. Approve Purchase of Survey Level 38. Approve Contract RenewallPeach Associates 39. Approve Purchase of Municipal Well Site/Lot I, Block 2, Shadowbrook 5th Addition 40. Y2K Staffing/December31, 1999 Mayor/Council Input Payment of Claims Adjournment '\ j ,. . . pet9937 userfee mainstr easement level contract wellsite y2k CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ,/ DATE: December 7. 1999 Approval of Minutes ORIGINATING DEPARTMENT City Clerk D..f AGENDA SECTION ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: November 9, 1999 Special Meeting November 16, 1999 Regular Meeting , ,j " , ,/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: December 7. 1999 . / ITEM NO. Hold Public Hearing/Adopt Assessment Roll/ 97-26A1Hamilton Square \. REQUEST: The City Council is requested to hold a public hearing at 7:00 PM for Project 97-26A, to adopt assessment roll. ORIGINATING DEPARTMENT Scott Erickson,&,<- Engineering AGENDA SECTION Discussion Item The items Mr. Hamilton has indicated questions on are as follows: I. Question: Mr. Hamilton had indicated that the project had previously paid $18,850 toward stormwater assessments for the extension of the pond outlet pipe. Why should he pay more and did not the $18,850 include engineering and overhead costs? Answer: Mr. Hamilton is correct that the project previously paid $18,850 in estimated stormwater assessments for the pond outlet pipe. This initial amount was based on previously estimated costs " associated with a different outlet location then was finally decided upon. The Hamiltons re-petitioned ) for the improvement which was installed under this project (See Attached Petition). The final amount of the improvement as constructed is $29,387.36. This is $8,742.64 less then what was estimated in the feasibility report for this improvement. The new feasibility report and the new project scope also adjusted the estimated cost of the expenses associated with the project which include the engineering and overhead costs. 2. Question: The Engineering and City Costs associated with the project are to high? Answer: The Engineering and City Costs are in-line with "typical" project costs. The expenses portion of the project amounted to 35.09% of the project. This is a reasonable expense amount for this project. Typically smaller projects will have a higher expenses as a % of the project cost. In comparison with a larger or higher cost project the % of this projects expenses are not unusual. The engineering cost of the project is the expenses the consulting engineer has incurred and charged the project and is the developers cost to pay. The city expenses include construction inspection and other associated time and expenses related to the project. It should be noted that a large amount of city staff time has not been charged to the project. The time spent on discussing and negotiating this issue has not been charged to either developer. The developer only pays for the cost associated with the construction, inspection and administration oftheir proj ect. , ) These are the issues I am aware of that we have not been able to resolve to the Hamiltons satisfaction regarding this project. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " RES. NO. , / MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER FOR IMPROVEMENT PROJECT 97-26A. HAMILTON SQUARE FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of _ SANITARY SEWER NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in " January, 2000 and shall bear interest at the rate of 6 ' percent per annum from the date of ) the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2000. To each subsequent installment when due shall be added interest for one year on all unpaid installments. ' 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded be Councilmember and adopted by the City Council at a reqular meeting this 7th day of December, 19 ~ , with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor / Victoria Volk - City Clerk g: datalstaff/rhondaal agendalreso lutions/ original/assmro II 12/2/99 (::(S8 9L.t> (::19 &OVER SPECIAL ASSESSMEt. .. ';:l17:17~ 06. 8C lJO PROJECT NAME: Hamilton Square , / FEASIBILITY STUDY: DATE Mav 25,1999 CONTRACT AWAlU): DATE June7.1999 (AS CHANGE ORDER TO CHESTERTON COMMONS 2ND ADDITION) FINAL CONTRACT COST: Engineering $ Aerial Mapping (1 % of street) $ Drainage Plan (0.3 % of street/storm) $ Administration (3 %) $ Assessing (1%) Invoice $ Bonding (0.5%) $ Legal & Easement $ Advertising $ City Expenses (includes full-time inspection) $ Testing: $ $ Oili~: $ Construction Interest (6.0%) 617/99 to 10/7/99 = 4 months $ ) TOTAL EXPENSES: (% of Final Contract Cost = 35.0907) TOTAL PROJECT COST: Trunk Source and Storage: Watermain: Connection Charge S Area Charge S Lateral Charge $ PROJECT NO.: 97-26A Construction Amount: $ 29,000.00 ConstrUCtion Amount: $ 22.707.80 Final Construction Amount: $ 21.753.80 3,154.30 (See Table A) 0.00 65.26 652.61 217.54 108.77 0.00 0.00 3.000.00 0.00 0.00 0.00 435.08 +$ 7.633.56 = $ 29.387.36 0.00 (0.00 Units @ $ 0.00 *(0.00 Acres @ $ 0.00 (0.00 LF @ $ 0.00) 0.00) 0.00) Sanitary Sewer: Connection Charge $ 0.00 (0.00 Units @ $ 0.00) Area Charge $ 0.00 .(0.00 Acres @ $ 0.00) Lateral Charge $ 0.00 (0.00 LF @ $ 0.00) Storm Sewer: Area Charge $ 0.00 (0.00 Acres @ $ 0.00) .Watermain and sanitary sewer connection charges to be collected when building permits are obtained, and are not part of this assessment. TOTAL TRUNK SOURCE AND STORAGE Previously assessed Hamilton Square Share: $14,500.00 x 1.3 for extension of storm sewer to east side of Hanson Blvd. N.W. Subtotal " TQTAL TO BE ASSESSED , / Current Assessment per Lot: $10,537.36 Feasibility Study: Date Mav 25. 1999 + $ 0.00 $ 18.850.00 $ $ 18.850.00 10.537.36 Amount $ 19.280.00110t " , J A. B. C. D. F. Gl . 3!Jt:;d ~.. _---.,.""1 91>:1>\ '" "~ c(S8 9L.t> ?19 9 .\ STORM SEWER Final Construction Cost $ 21,753.80 Expenses (35.0907%) + $ 7,633.56 Subtotal- Storm Sewer $ 29,387.36 Minus Hamilton Square share: including expenses ($14,500.00 x 1.3) for future storm sewer extension - $ 18.850.00 $ 10.537.36 E. Total- Storm Sewer Assessable $10,537.36/lot $ 10.537.36/lot Table A Hamilton Square Share of Storm Sewer Extension Extension of storm sewer north from manhole STM -14 (stub Y) to east of Hanson Boulevard N _ w. I Item No. Description Quantity Unit Price Amount I A. 15" RCP Class 5 Storm Sewer 834 $ 18.20 $15,178.80 , B. 15" RC Flared End Section w/TG I $ 505.00 I $ 505.00 C. 4' Dia. Storm Sewer Manhole 4 $ 1,200.00 $ 4,800.00 D. Silt Fence 50 $ 1.90 $ 95.00 E. Handplaced Riprap 15 $ 56.00 $ 840.00 F. Connect to Existing Storm Sewer 1 $ 250.00 $ 250.00 G. Seeding (Mix No. 900) and Mulch 0.1 $ 500.00 $ 50.00 H. Wood Fiber Blanket 25 $ 1.40 $ 35.00 TOTAL $21,753.80 HAMILTON SQUARE SHARE-I00% TOTAL $21,753.80 \ ) " / _..,w", , ~ VJ~'J anal 'OM C~~~ ~M.,l caw^~~w till?;"7 ~~~r'07'1'^ \ , ) , \. ) . , '. , ) . FAX 6124935193 J 5 & S. ATTORNEY~ ~Vy,,", . . Crt-3-btt / EDWARD AND LORA HAMILTON 6615 Hiehway 10 N. W. Ramsey, Minnesota 55303 (612) 421-3245 April 29, 1999 city Engineer CITY OF ANDOVER 1685 Crosstown Blvd. N.W. Andover, Minnesota 55304 RE: IhmiIton Sqmare Dear City Engineer: Edward and Lora Hamilton, 6615 Highway 10 N. W., Ramsey, Minnesota 55303, owners of the property herein descn11cd. do hereby petition for improvementS comLning of construction of a stonn SC'WC1' outlet over, across and through the publicly dedicated easement located within the plat Chesterton Co=ons 411l Addition. Anoka County. Minnesota. This improvement will benefit property owned by the undersi~ed legally descnbed as follows: Lot 1, Block 2, Hamilton Square, Anoka County, Minnesota. A portion of the cost of this intended improvement has been prepaid to the City in connection with the original plat Hamilton Square. The balance of the cost of the improvement we request be assessed against said Lot 1. Block 2. Hamilton Square. We specifically waive our right to a public hearing and request that a feasibility report for the improvement be prepared as soon as possible. We have enclosed a check In the amount of $1,000.00 as required tor the fea.sibility report expenses. Althoogh we have enclosed this check, and request that our petition be processed, it is our position tl121: we have previously pm tor the feasibility report applicable to this particular improvement and therefore. we request that the fee for expenses be waived and the enclosed check returned. If this decision cannot be made at staff level. we specifically request that council consideration of our request for a feasibility report be accompanied by our specific request for waiver of the fee. Sincerely, .eiid~' \.0 ~\ c:>(~ CZ ?///~- Lora Hamilton lWUomlol2.Lc""'O"'.wpd CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " , ) DATE: December 7. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Todd J. Haas, ~ ITEM NO. Engineering .A?" Hold Public Hearing/Adopt Assessment Roll/ J~-32/3512 - 142nd Avenue NW REQUEST: The City Council is requested to hold a public hearing on the proposed assessment for the improvement ofwatermain at 3512 - 142nd Avenue NW, Project #98-32. Attached are the following: . Resolution adopting the assessment roll . Letter dated November 3,1999 sent to the property owner . Notice sent with November 3 letter to the property owner regarding the public hearing. If you recall the reason for the public hearing is due to the fact that the homeowner that petitioned for the municipal water in late 1998 recently sold the house and therefore the City was not able to obtain a waiver waiving the public hearing so that the assessment could be levied against the property. / "\ ) Note: It is staffs understanding that no one directly requested the City Clerk to do an assessment search, so therefore the new property p\YI1ers would not have known about the assessment. Every once ' in a while we do have title companies stop at City Hall to do assessment searches on their own. The original property owner should have disclosed this at the closing, or indicated this to the new property owner. ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ , ) RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN FOR IMPROVEMENT PROJECT 98-32 (3512 - 142ND AVENUE NW FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of _ WATERMAIN NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. '\ 2. Such assessments shall be payable in equal annual installments extending over a period j of 5 years, the first of the installments to be payable on or before the first Monday in January, 2000 and shall bear interest at the rate of 6 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2000. To each subsequent installment when due shall be added interest for:one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded be Councilmember and adopted by the City Council at a requalr meeting this 7th day of December , 19 ~ . with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. '\ ) ATTEST: CITY OF ANDOVER J. E. McKelvey - Mayor g :datal staff/rhondaalagendalreso1utions/ original/assmro II 12/2/99 . " CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100. November 3, 1999 Re: 3512 - 142nd Avenue NW AssessmenUProject 98-32/Watermain Construction Dear Property Owner: Enclosed please find the public hearing notice for the proposed assessment for watermain construction for 3512 - 142nd Avenue NW. \ As you will note, the total amount of the proposed assessment is $4,267.35. If you have any questions, feel free to contact me at 767-5130. '- / Sincerely, ~~.. Asst. c~:neer TH:rja Encl. " ) ~ r/" ~ . . ~ '\ \', j CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 "- J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO~ NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, December 7, 1999 at 7:00 PM to pass upon the proposed assessment for the improvement of watermain construction in . the following described area: 3512 -142nd Avenue NW The proposed assessment roll is on file for public inspection at the City Clerk's . Office. The total amount of the proposed assessment is $ 4.267.35 Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such. notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL (!Z;;-~ d~ Victoria Volk - City Clerk Publication Dates: 11-12-99 11-19-99 \, j " ) \ J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: December 7. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Rezoning 99-03 R-l, Single Family Rural R-4, Single Family Urban 8. WOODLAND ESTATES 2ND ADD. John Hinzman, City Planner Request The City Council is asked to review the request of Woodland Development to rezone property from R-l, Single Family Rural to R-4, Single Family Urban at 151xx Nightingale Street NW for Woodland Development (PIN 22-32-24-31-0001, -32- 0001,0002). The proposed site is approximately 39 acres and is located in Section 22, north of Woodland Estates. The rezoning is submitted in conjunction with a preliminary plat for Woodland Estates 2nd Addition, consisting of 69 single-family detached homes and one special use lot. Planning and Zoning Commission Action The Planning and Zoning Commission voted 7-0 to recommend approval of the request at the November 9, 1999 meeting. The Commission had questions regarding the Agriculture Preserve designation on the southern 33 feet of the property. Please consult the attached staff report and minutes for more information. Attachments . Resolution for Approval . Planning and Zoning Commission Minutes - November 9, 199,9 . Planning and Zoning Commission Staff Report- November 9,1999 '. CITY OF ANDOVER COUNTY OF Al'J"OKA STATE OF MINNESOTA / ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows (pIN 22-32-24-31-0001, -32-0001, 0002): 1) Rezone from R-l, Single Family Rural to R-4, Single Family Urban on approximately 39 aces legally described as follows: , ) All that part of the South Halfofthe North Halfofthe Southwest Quarter of Section 22, Township 32, Range 24, Anoka County, Mirmesola, excepting there from the South 16.5 feet as measures at right angles to the South line of said North Halfofthe Southwest Quarter, according to the United States Government Survey thereof. AND The South 11.00 feet of the North Half of the North Half of the Southwest Quarter of Section 22, Township 32, Range 24. AND The North 16.5 feet of the South Halfofthe Southwest Quarter of Section 22, Township 32, Range 24, as measured at right angles to Section 22 of Township 32, Range 24, as measured at right angles to the North line of said South Halfofthe Southwest Quarter. AND The South 16.5 feet of the North Halfofthe Southwest Quarter of Section 22, Township 32, Range 24, as measured at right angles to the South line of said North Halfofthe Southwest Quarter. EXCEPT the following described property: Beginning at the intersection of the west line of said South Halfofthe Southwest Quarter of Section 22 and the south line of the north 16.50 feet of said South Half of the Southwest Quarter of Section 22; thence South 88 degrees 45 minutes 20 seconds East, assumed bearing along said south line, a distance of30.14 feet; thence North 01 degrees, II minutes 12 seconds East a distance off 134,06 feet; thence North 88 degrees 45 minutes 20 seconds West a distance of29,01 feet: thence North 01 degrees 14 minutes 40 seconds East a distance of 60,00 feet; thence South 88 degrees 45 minutes 20 seconds East a distance of 63.94 feet; thence North 14 degrees 20 minutes 30 seconds East a distance of 138,61 feet; thence North 30 degrees 50 minutes 12 seconds West a distance of84.41 feet; thence North 05 degrees 43 minutes 45 seconds West a distance of213,36 feet; thence :-.rorth 84 degrees 16 minutes 15 seconds East a distance of 133,28 feet; thence North 05 degrees 43 minutes 45 seconds West a distance of59.74 feet to the north line of the south 11.00 feet of said North Half of the North Half of the Southwest Quarter of Section 22; thence North 88 degrees 43 minutes 02 seconds West along said north line, a distance of 151.75 feet to the west line of the South Halfofthe North Halfofthe Southwest Quarter of Section 22; thence South 01 degrees 09 minutes 09 seconds West, along said west line, a distance of676.94 feet to the point ofbegirming. NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. 1999. Adopted by the City Council of the City of Andover on this 7th day of December CITY OF ANDOVER \ ) ATTEST: J.E. McKelvey, Mayor Victoria Volk, City Clerk , , ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 'LANNING AND ZONING COMilflSSION MEETING - NOVEMBER 9, 1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on November 9, 1999, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Larry Dalien, Dean- Daninger, Douglas Falk, Mark Hedin, Bev Jovanovich, and Jay Squires. None City Planner, John Hinzman Planning Intern, Megan Barnett Others Commissioners absent: Also present: APPROVAL OF MINUTES. , J October 6, 1999 Motion by Apel, seconded by Daninger, the Minutes be approved as submitted. Motion carried on a 7 -ayes, O-nays, O-absent vote. PUBLIC HEARING: REZONING (REZ 99-03) REZONE FROM R-I, SINGLE FA1.l1ILY RURAL TO R-4, SINGLE FAMILY URBAN - WOODLAND ESTATES J!'D ADDITION- WOODLAND DEVELOPMENT - SECTION 22. City Planner, John Hinzman stated the Planning and Zoning Commission is asked to review the request of Woodland Development to rezone property from R-l, Single Family Rural to R-4, Single Family Urban at 151x.x Nightingale Street NW for Woodland Development The proposed site is approximately 39 acres and is located in Section 22, north of Woodland Estates. The rezoning is submitted in conjunction with a preliminary plat for Woodland Estates 2nd Addition, consisting of 69 single-family detached homes and one special use lot. Mr. Hinzman reviewed the applicable ordinances and the criteri,a presented. He stated the surrounding land to the south of the subject property is urban residential, and there are rural residential uses to the north, east, and west, with some agricultural uses to the west, as well. , Mr. Hinzman stated the Comprehensive Plan designates this parcel for Urban Single Family , ) development, therefore, the rezoning would be in conformance with the Comprehensive Plan. Regular Andover Planning and Zoning Commission Meeting J'-'Jinutes - November 9, 1999 Page 2 " ) , ! Mr. Hinzman stated there is a special circumstance of this proposal in that the southern 33-feet of the proposed plat and the rezoning area, is designated as an agricultural preserve. He explained this property is currently utilized for a farm access road, and no cultivation is occurring at this time, however, being under the agricultural preserve program limits development on the parcel, in terms of an increase in density. Mr. Hinzman stated the City Attorney has been consulted regarding the subdivision of the agricultural preserve property, and has indicated that subdivision can occur provided no houses are constructed upon this land, and the density does not increase on the southern 33 feet of the property. Mr. Hinzman stated the agricultural preserve designation operates as an overlay zone of the zoning district. He explained that changing the underlying zoning district from R-l to R-4 would have no effect upon the agricultural preserve status, an the agricultural preserve restrictions would still be valid. Mr. Hinzman indicated there is one special use lot on the property, approximately 9.3 acres in size, which is the site of a proposed church. He explained this matter would require a separate special use permit if it were to go forward in the future. \ J Mr. Hinzman stated the site is designated for sewer expansion within the development time frame of 2000 to 2005, and the trunk sanitary sewer and water lines abut the site to the south. He advised the proposal is consistent with the adjacent land uses. Mr. Hinzman provided the Commission with pictures of the proposed site, which indicated the general appearance of the property, and its appearance in relation to the Woodland Estates 151 Addition, located south of the proposed site. Commissioner Hedin asked why the western portion of the parcel appeared to have such an irregular boundary. Mr. Hinzman stated a portion of the land to the west of the site is within the agricultural preserve program, and it is anticipated there will be an addition in this location in the future, which will incorporate the area into the preliminary plat. He explained this area can not be developed into full urban lots at this point, therefore, it was decided to leave it out of the rezoning, however, it is included in the preliminary plat, and is anticipated for future development. Commissioner Hedin inquired where the sewer and water Jines would cross the agricultural preserve land. Mr. Hinzman stated the lines were located along Nightingale Street, at the southeastern comer of the plat. He explained the lines would cross the 33-foot section of the agricultural preserve, however, since the density would not increase, it would not invalidate the agricultural preserve process. '\ / Regular Andover Planning and Zoning Commission Meeting Minutes - November 9, 1999 \ Page 3 . / Commissioner Hedin inquired if this area was also the proposed location of a well house. Mr. Hinzman stated the well house would be located on the southwest comer of 150th Lane and Nightingale Street. Chair Squires inquired if the Metropolitan Council had been consulted with regard to the agricultural preserve. Mr. Hinzman stated staff had contacted the Metropolitan Council, which concurred with staff in that as long as the density of the property is not increased, it can be subdivided. Commissioner Dalien inquired if the County Tax Assessor had been consulted regarding whether or not they would have to create additional tax parcels to accommodate for continuing the agricultural preserve on the southern 33 feet of each of the subject lots. Mr. Hinzman stated he had spoken with the County Assessor, who indicated since the site is adjacent to Torrens property, the lots would be recorded as two separate parcels, combined. Commissioner Dalien pointed out that because the agricultural preserve would have to remain as such, there would still have to be some delineation as to where the agricultural preserve property is located on each one of the lots for tax purposes. \ J Commissioner Hedin inquired if the residents of the development would be made aware of the 33- foot section of property they could not utilize. Mr. Hinzman explained the 33-foot section of the property would be a separate lot of record, however, it would be tied to the other portion of the property, and could not be sold separately. Chair Squires inquired if the City has requested developers to record a covenant to this effect in the past. Mr. Hinzman stated this has occurred two or three times in the past, and the recorded covenant indicates that the properties can not be sold separately. Chair Squires pointed out this also serves to notify the residents that there may be some limitations upon their ability to utilize a portion of the property. Motion by Falk, seconded by Apel, to open the public hearing at 7:10 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. Emmett Frees, 15041 Swallow Street, inquired ifthere were any provisions or plans for a City park within this development. ' Mr. Hinzman indicated that the Park Board provides recommendations on park locations, or accepting cash in lieu of land. He explained in this particular case, during the sketch plan stage, the Park Board recommended to accept cash, in lieu of land on this property. He advised the City " / Regular Andover Planning and Zoning Commission Aleeting kfinutes - November 9, 1999 \ Page 4 / Council makes the final determination on this matter, however, this was the Park Board's direction and recommendation on this property in the past. Byron Westlund, the developer, explained that the legal description of the lots within the agricultural preserve would indicate lots "I-A" and "l-B," which would be combined, with separate descriptions for each. He stated there were separate covenants and restrictions recorded with the plat, and one of the sections of the covenants and restrictions indicates this is an area of residential use only, and there can be no further subdivision of the parcels. Patty VanVickle, 15079 Thrush Street, stated the back area of her property is adjacent to the farm access road. She commented that when the developer was plotting the land, she was informed the area directly behind her property could not be developed, due to its low elevations. She inquired what was proposed to occur with the farm road. Mr. Hinzman stated the farm road was within the agricultural preserve designation, and at this point, there could be no intensive development within the southern 33 feet of that property. He explained that homes could not be developed in this area, and any development would have to be consistent with agricultural uses. He requested the developer further address this matter, as well as any drainage issues. \ / Mr. Westlund stated to his knowledge, there were no drainage issues with this proposal. He explained that the farm road would simply become someone's backyard. Mrs. VanVickle inquired at what distance to the north of her property would the proposed homes be constructed. Mr. Hinzman stated the area directly behind the Thrush Street cul-de-sac was a central ponding area. He explained there are some low spots on the property that would be incorporated into the backyards of the lots in that area. Mr. Westlund added that the pond would become a drainage basin. He indicated that a drainage pipe would be installed to collect the stormwater runoff from the streets, and this area will be utilized as a storage facility for the runoff. There was no further public input. Motion by Hedin, seconded by Jovanovich, to close the public hearing at 7:17 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Apel, seconded by Daninger, to recommend to the City Council approval of Ordinance No. 8-, an ordinance amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover to allow for the rezoning of property from R-l, Single Family Rural to R-4, Single Family Urban at 151XX Nightingale Street NW for Woodland Development (PIN 22-32-24-31-0001, -32- 0001,0002). Motion carried on a 7-ayes, O-nays, O-absent vote. ~ ;' CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION , , , DATE: November 9,1999 ITEM NO. 3 ORIGINATING DEPARTMENT Public Hearing: Rezoning REZ 99-03, R-l to R-4 Woodland Estates 2nd Addition Woodland Development Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to review the request of Woodland Development to rezone property from R-l, Single Family Rural to R-4, Single Family Urban at l51xx Nightingale Street NW for Woodland Development (PIN 22-32-24-31- 0001, -32-0001,0002). The proposed site is approximately 39 acres and is located in Section 22, north of Woodland Estates. \ " The rezoning is submitted in conjunction with a preliminary plat for Woodland Estates 2nd Addition, consisting of 69 single-family detached homes and one special use lot. Applicable Ordinances Ordinance 8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). Ordinance No.8, Section 5.03(B) establishes the criteria for granting a special use permit. These same criteria have been utilized by the City in considering rezoning applications in the past. The criteria include the following: Effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land. Effect on existing and anticipated traffic conditions includi!1g parking facilities on adjacent streets and land. Effect on values of property and scenic views in the surrounding area. " J / Effect of the proposed use on the Comprehensive Plan. . \ Page Two Rezoning - R-l to R-4 Woodland Estates 2nd Addition , ' Ordinance 8, Section 6.02 establishes the minimum length, width and size for property they are as follows: R-4, Single Family Urban Lot Width at Front Setback Lot Depth Minimum District Area - 80 feet - 130 feet - 11,400 s.f. Adjacent Land Use Adjacent land use within 350' of the site includes the following: · North - R-l, Single Family Rural - ag land and unplatted rural residences. · East - R-I, Single Family Rural- Nightingale Street, ag land and unplatted rural residences. . South - R-4, Single Family Urban - Woodland Estates. . West - R-l, Single Family Rural - ag land. Comprehensive Plan J The subject parcel is designated RU, Residential Urban Single Family in the Comprehensive Land Use Plan. Agricultural Preserve The southern 33' of the subject parcel is under agricultural preserve protection. The ag preserve program restricts land use and development to one unit per 40 acres in exchange for a tax reduction. A property may be withdrawn from the program upon petition and an eight-year waiting period. The property owner has not filed for program expiry. The City Attorney has been contacted regarding subdivision of agricultural preserve property. Subdivision can occur provided the density does not increase. Since the proposed homes \vould not be constructed upon land designated as agricultural preserve, there would not be a net density increase. The agricultural preserve designation operates as an overlay zone6fthe zoning district. Changing the underlying zoning district from R-l to R-4 would have no affect upon the agricultural preserve status, the ag preserve restrictions would stilI be valid. \ J Page Three Rezoning - R-l to R-4 Woodland Estates 2nd Addition Special Use Lot Lot 1, Block 1 has been designated as a special use lot. Preliminary plans for the 9.3-acre parcel include a church site. Churches are allowed as a special use in the residential zoning districts. A separate special use permit would needed for a future church. The applicant is not pursuing church approval at this time. General Review . The site is designated for sewer expansion in 2000. · Trunk sanitary sewer and water lines abut the site to the south. · The area has been designated for urban development in the Comprehensive Plan. · The proposal is consistent with adjacent land uses. Commission Qptions The Planning and Zoning Commission has the following options: \, ) 1. 2. Recommend approval of the proposed rezoning. Recommend denial of the proposed rezoning, citing those reasons for doing so. Table the item pending additional information from staff or the applicant. ~ .J. Recommendation Staff recommends approval of the rezoning. Attachments . Ordinance Amendment . Location Map . Site Pictures . Application · Notice of Public Hearing , / @ City of Andover ... 'y R-1 , , , ) LEGEND , ;;:J SUbject Property 1 N street Center lines D R-1 - Single Family-Rural D R-1A- Manufactured HoUSing o R-2 - Single Family-Estate CJ R-3 - Single Famlly-SUbUrban ~ R-4 - Single Famdy-Urban o M-l - Multiple OweRing low Density _ M-2 - Multiple ~"ing o LB - Limited Business D NB - NeighborhOod Business o SC. Shoppong een"'r IEiI GB - General Business E]l-Industrial D GR - General Recreation Parcels D Lot I Parcel Boondaries o Right-d-Way o WaWr Features Rezoning R-1 to R-4 Woodland Estates 2nd Add. Woodland Develo ment I I I I I ~ 148TH AV N A GR R1 ~' ~; Sources: Andover Engineering Andover GIS Anoka County GIS 1 inch = 857 feet Map Date: November 03,199 RF -1:10,210 " J Lo()~i n~ . North fro~ 151 st Lane & N , " / Looking North from Raven Street in Woodland Estates '\ , ) , " ) Looki ng W~~tJr9,l!!h~.!gb!!ng~.!~.2.treet : ~":';':::" ::~ ;:~~!;~~1i~~~~~fml!1Ilf1mlmf1t~rrfl1ff~:s~J~fJlj1~~}~if~f!~i~~~,ti]1tl . . . h.. ....n.__n_n.u._.._n_n..n..~.u....._"..n.....n_.._......n. .. .... ..-.... hn. ...._....nn....n.un._.....n................ . - ..:: :..::.:::~::.::;:::.::.:~:;~:::::.:::::'=-:';:':::::>:-:'::-::::~' . .. ... ,u,,'n. .....n.n......__......__..._.........,...... . . _. .. n n .._........n.n......__._.........,.u............ . . . - ." .;'~ ~::~~~j~~t~;m~~~~fu1mill~f~IT~m~~t~:H~f;R~g: , " '. ) Looking southwest towards Woodland Estates from Nightingale St. .::::"',,,"?"'-... , '\ , ) OCT 00 '9'3 00: 31 FR CITY CF FMlOJER 612 755 8923 TO 42'7\3192 P.82/OO , / 1685 CROSSTOWN BOULEVARD N.W. -ANDOVER, MINNesOTA 55304 _ (612) 755-5100 llEZ01lJl:'llG RXQUBS'l' PORK ' propero.. Addr... ~ l~I'''' k..... /-l.W ~ ~~...r Legal Description of Property: 0 & ~ (Fill in whichever is appropriate): l~'i-t. ~2~~ Lot Block Addition CITY of ANDOVER Pl:~ (If metes and bounds, attach the___ S '/ Wb tJ "J.z.. ~ ~~-St. '1-;,):. - ---coiDprete~egal description).. . Is the property: Aljstract"--~'--. '''~i'--T'~~~;;ns'}( ? (This .. ----:-- infonaation aust be provide<ra'i1c! can be obtainea--?roa the County) _ --------------------------~----------------~--------------------- Reason foe Reque.t J....: ~ <i. '\-tLv, tI~ "b P l1AVQ F\--.i- \ tv g. ~ .... _/ .--.-- Current Zoning fZ - \ Requested Zoning ~ - t..f ----------------------------------------------------------------- ~ame of Applicant Address OC(.lkWfVV\A:.,U r Sr ft-tvo Kr\- Home Phone usiness Phone Signature . --------------------------------------------------- lO~Crq Date Property Owner (Fee Owner) (If different from above) Addl:"ess \ / Home Phone Signature Business Phone --------------------------------------------~-------------------- Date ", ~;'~":5p;t;~~~~rl~1 CITY of ANDOVER "','" ,..;:;{ia~~~::f;Y~\~:~:, . _ . - . :'-:"~:'~"'.""_:";"f'~/r~.:"...:; 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. ~ (612} 7:55:-5100.__~ .~: :__, .- "r - i. ;'. ' ' The Planning and Zoning Commission of the City of ~dover ~ hOld pu~Iic beaiings at 7:9~ p~.~:9i ~:':;(i'-:~ ,:'. ~ '? ~'~~' , '- soop thereafter as can be Qeard, on TueSday, November C}, 1999 at the AndOver City Hl~lld6ll5c;roSSiO='" ;.'.;.:';:-:,>,~~' ..', '=;:~c.~'~W~j"t~~g""~~~[iJ~*it~f~~~1 . ,l. Rezomng property frollJ R I, ~mgleFam,ily Rural to R-4,.~.mgle I:~iljr.~~.., ;;'." :.;'" ,....'~_'.,......~_:,~ :"",_<~_,;,~:..:::,,,, ". ' '[~W".' 2.~Q$k,:~%~~f~,~~~~~'~~~~~.'~~f 3. Special Use Permit for an areaidentificati~n sigD. for 'Woodland ~teSSecond Addition:',., ,~., -:',..:,'., ;;:';.~ ~ >~' The property is generally located northwest of the intersection of Crosstown Boulevard NW and Nightingale Street NW, and is legally described as follows: The South Half of the North Half of the Southwest Quaner of Section 22, Township 32, Range 24, Anoka County, Minnesota, excepting therefrom the South 16.5 feet as measured at right angles to the South line of said North Half of the Southwest Quaner, according to the United States Government Survey thereof. and The South 11.00 feet of the North Half of the North Halfofthe Southwest Quarter of Section 22, Township 32, range 24. and The North 16.5 feet of the South Half of the Southwest Quaner of Section 22, Township 32, Range 24, as measured at right angles to the North line of said South Halfofthe Southwest Quaner. and The South 16.5 feet of the North Halfofthe Southwest Quarter of Sect ion 22, Township 32, Range 24, as measured at right angles to the South line of said North Half of the Southwest Quaner. and The South 671.1 1 feet of the east 3 16.00 feet of the North Halfofthe Southeast Quarter of Section 21, Township 32, Range 24, Anoka County, Minnesota. All written and verbal comments will be received at that time and location. A copy of the application and cation wi 1 be availa Ie at the Andover City Hall for review prior to said meeting. Publication dates: October 29, 1999 & November 5. 1999 , , j CITY OF ANDOVER REQUEST FOR CITY COUNCIL ACTION DATE December 7. 1999 AGENDA ITEM Discussion AGENDA ITEM Preliminary Plat II Woodland Estates Second Addition '1, Woodland Development Corporation ORIGINATING DEPARTMENT Andover Review Committee Request The City Council is requested by Woodland Development Corporation to review and approve the preliminary plat of Woodland Estates Second Addition located in Sections 21 & 22, Township 32, Range 24, Anoka County, Minnesota. , , ./ The Andover Review Committee (ARC) has reviewed the preliminary plat and their comments are as follows: General Comments . The proposed preliminary plat is currently zoned R-I, Single Family Rural and AgP, Agricultural Preserve, an over-lay district. Rezoning of the majority of the property from R-l to R-4, Single Family Urban is necessary. The proposed plat is currently within the Metropolitan Urban Service Area (MUSA) (2000-2005 Phase). Municipal sanitary sewer and water is proposed to serve the site. . The proposed subdivision consists of 69 single family residential lots and a special use parcel of 9.3 acres which is planned for a church. . The developer and/or owner is responsible to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Coon Creek Watershed District, LGU, MPCA and any other agency which may be interested in the site.). Comments of the Andover Review Committee There is a variance being requested with the proposed preliminary plat. The developer is requesting a variance from Ordinance 10, Section 9.01(D) to allow the outlots (Outlots A- C). J , j Other Comments bv the Andover Review Committee 1. A 10' wide bikeway/walkway trail is planned along the west side of Nightingale Street NW in accordance with the Andover Comprehensive Plan Trail Plan. The trail will be funded through the trail fund. 2. A bikeway route is designated on Uplander Street NW coming from the south from the Woodland Estates plat. The street sections of Uplander Street, 151st Avenue, Thrush Street, 151st Lane and Uplander Street on the west end of the plat will need to be widened to 35' with no parking on either side to accommodate the bikeway route. The Park and Recreation Commission will be recommending a funding source to pay for the widening. 3. Custom grading is proposed to be used on the western 2/3 of the site. 4. There may be minor housekeeping changes needed on the plat presented to the Commission. Planning and Zoning Commission Recommendation . / The Commission is recommending to the City Council the approval of the preliminary plat with conditions as indicated on the attached resolution. Park and Recreation Commission Recommendation The Commission reviewed the preliminary plat at their November 18, 1999 meeting. The Commission is recommending cash in lieu ofland. 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is Woodland Estates Second Addition. d. Scale is I" = 100' g. The preliminary plat and the grading, drainage and erosion control plan were prepared by Hakanson-Anderson Assoc., Inc. 8.02 EXISTING CONDITIONS b. Total acreage is 45.71. c. The existing zoning within 300 feet of the proposed plat has been shown. \ / f. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat per ordinance requirements. \ ) I g. The boundary lines within 100 feet of the plat have been shown along with the names of the property owners. h. A Tree Protection Plan has been submitted to for review and approval. j. A soil boring report has been received by the City. 8.03 DESIGN FEATURES a. The proposed right-of-way as indicated is 60 feet. c. The sanitary sewer, watermain, storm drains and street will be designed by the City's consultant. g. The setbacks for each lot are shown for the single family residential area. h. The proposed method of disposing of surface water has been shown on the grading, drainage and erosion control plan. , ) 8.04 ADDITIONAL INFORMATION b. Sewage disposal facilities will be municipal sewer. d. Rezoning of properties will be required. f. Flood Plain Management is regulated by the City. g. Street lighting is required and the installation costs will be paid for by the developer. j. The total linear road mileage for the proposed plat is 0.89 miles. k. Location of Area Identification Signs. Special Use Permit applied for in conjunction with preliminary plat. 9.02 STREET PLAN a. The typical section, right-of-way and grade are indicated on the preliminary plat. 9.03 STREETS / . / / , / a. The proposed right-of-way is shown as 60 feet which conforms to standards by classification. n. Boulevard is required to be topsoil and sodded. I 9.04 EASEMENTS b. A drainage easement has been shown to follow the 100 year flood elevation. 9.06 LOTS e. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 9.07 PARKS, PLAYGROUNDS, OPEN SPACES Park dedication as recommended by the Park and Recreation Commission. / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO -99 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND ESTATES SECOND ADDITION BY WOODLAND DEVELOPMENT CORPORATION LOCATED IN SECTIONS 21 & 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1. A variance from Ordinance 10, Section 9.01(D) to allow the outlots (Outlots A-C). J 2. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 3. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. 4. Contingent upon water and sewer trunk being brought to the property. 5. Trail to be constructed along the west side of Nightingale Street NW in accordance with the Andover Comprehensive Plan Trail Plan. 6. Widening of the street sections of Uplander Street, 151 st Avenue, Thrush Street, 151 st Lane and again Uplander Street to 35' with no parking on either side of these streets to accommodate a bikeway. Adopted by the City Council of the City of Andover this 7th December , 19---22-. day of CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor / Victoria V olk, City Clerk , / EXHIBIT A The South Half of the North Half of the Southwest Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, excepting therefrom the South 16.5 feet as measured at right angles to the South line of said North Half of the Southwest Quarter, according to the United States Government Survey thereof. and The South 11.00 feet of the North Half of the North Half of the Southwest Quarter of Section 22, Township 32, range 24. and The North 16.5 feet of the South Half of the Southwest Quarter of Section 22, Township 32, Range 24, as measured at right angles to the North line of said South Half of the Southwest Quarter. and The South 16.5 feet ofthe North Half of the Southwest Quarter of Section 22, Township 32, Range 24, as measured at right angles to the South line of said North Half ofthe Southwest Quarter. and The South 671.11 feet of the east 316.00 feet of the North Half of the Southeast Quarter of Section 21, Township 32, Range 24, Anoka County, Minnesota. " / J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: December 7, 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Approve SUP 99-28 Area Identification Sign Woodland Development 1 51 xx Nightingale Street NW Megan Barnett Planning Intern b, Request , The City Council is asked to approve a Special Use Permit request by Woodland Development to allow for the placement of an area identification sign for the Woodland Estates 2nd Addition development located at 151xx Nightingale Street NW, legally described as Lot 1, Block 1, Woodland Estates 2nd Addition. , J Planninl! and Zoninl! Commission Review The Planning and Zoning Commission voted 7-0 to approve the proposal at the November 9, 1999 meeting with a brieft discussion on a maintenance agreement. Attachments . Resolution for approval . Exhibit A · Planning and Zoning Minutes - November 9,1999 · Planning and Zoning Staff Report - November 9, 1999 '\ / \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT TO ERECT ONE AREA IDENTIFICATION SIGN ON THE PROPERTY LOCATED AT 151XX NIGHTINGALE STREET NW, LEGALLY DESCRIBED AS LOT I, BLOCK I, WOODLAND ESTATES 2ND ADDITION. WHEREAS, Woodland Development has requested a Special Use Permit to erect one area identification sign on the property located at 151xx Nightingale Street NW, legally described as Lot I, Block 1 Woodland Estates 2nd Addition, legally described on the attached Exhibit A. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 8.07; and ) WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1) The sign area for development is larger than five (5 a.) acres. 2) One (1) sign per development is allowed by Special Use Permit. Additional signs shall be reviewed by the Andover Review Committee (ARC) and the Planning Commission and approved by the City Council. 3) The maximum square footage of the sign is thirty-two (32 s.f.) square feet. " / \ '- ) , '- -' , , J Page two Area Identification Sign SUP 99-28 November 8, 1999 4) The sign is located ten (10') feet from the property line. 5) The Special Use Permit will be subject to annual review by staff. 6) The applicant shall execute a written agreement with the city for the maintenance of the sign. 7) The applicant shall apply for and be granted a sign permit before the erection of the sign. Adopted by the City Council of the City of Andover on this 7th day of December, 1999. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J.E. McKelvey, Mayor , \ / '. " / " / " EXHIBIT A The South Half of the North Half of the Southwest Quarter of Section 22, -"",C~~.- Township 32, Range 24, Anoka County, Minnesota, excepting therefrom the South 16.5 feet as measured at right angles tothe South line of said North Half of the Southwest Quarter, according to the United States Government Survey thereof. and The South 11.00 feet of the North HaIf of the North HaIfofthe Southwest Quarter of Section 22, Township 32, range 24. and The North 16.5 feet of the South Half of the Southwest Quarter of Section 22, Township 32, Range 24, as measured at right angles to the North line of said South Half of the Southwest Quarter. and The South 16.5 feet of the North Halfofthe Southwest Quarter of Section 22, Township 32, Range 24, as measured at right angles to the South line of said North Half of the Southwest Quarter. and The South 671.11 feet of the east 316.00 feet of the North Half of the Southeast Quarter of Section 21, Township 32, Range 24, Anoka County, Minnesota. Regular Andover Planning and Zoning Commission Meeting Minutes - November 9, 1999 Page 7 \ '- j Motion by Dalien, seconded by Jovanovich, to close the public hearing at 7:26 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Jovanovich, seconded by Daninger, to recommend to the City Council approval of Resolution No. _-99, a resolution approving the Preliminary Plat of Woodland Estates Second Addition by Woodland Development Corporation located in Sections 21 & 22, Township 32, Range 24, Anoka County, Minnesota, legally described on Exhibit A of said resolution. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated this item would be considered at the December 7, 1999 City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-28) AREA IDENTIFICATION SIGN- 151XX NIGHTINGALE STREET NW - WOODLAND ESTATES ~D ADDITION _ WOODLAND DEVELOPMENT. Planning Intern, Megan Barnett stated the Planning and Zoning Commission is asked to review a Special Use Permit request by Woodland Development to allow for the placement of an area identification sign for the Woodland Estates 2nd Addition development. \ Ms. Barnett reviewed the applicable ordinances and the criteria presented. " / Ms. Barnett stated the applicant is requesting to erect a permanent monument area identification sign for the Woodland Estates 2nd Addition, a single family urban residential development. She provided the Commission with a picture of the sign currently utilized by Woodland Estates 1 st Addition, and explained that this design was proposed to be duplicated for the Woodland Estates 2nd Addition. Ms. Barnett outlined the Commission's options for action. She stated staff recommends approval of the proposal. Commissioner Dalien inquired if there was a written agreement for maintenance of the sign. Mr. Hinzman explained there is an agreement that contains a provision that maintenance be performed. He added there is a stipulation that if maintenance is not ongoing, the sign will be removed, ami aR '-@ggro'" rea is eelleet8d f-0r tHis f3Ulf18S6. ~(Jrrec;+eC\ \ \ - 7.3 - C19 Motion by Daninger, seconded by Jovanovich, to open the public hearing at 7:30 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Frees inquired who would be responsible for the landscaping around the sign. Mr. Westlund explained there was a separate easement for the sign to be located upon the lot, and " maintenance of the sign is the responsibility of Woodland Estates Development. He added it was I " '- ) Regular Andover Planning and Zoning Commission Meeting Minutes - November 9, 1999 Page 8 hoped that through the years, the residents would take some responsibility for maintenance of the sign, however, through their agreement with the City, sole responsibility falls upon the developer. There was no further public input. Motion by Hedin, seconded by Falk, to close the public hearing at 7:32 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. Motion by Jovanovich, seconded by Dalien, to recommend to the City Council approval of Resolution L-99, a resolution approving a Special Use Permit request of Woodland Development to erect one area identification sign on the prope~ located at 15XX Nightingale Street NW, legally described as Lot 1, Block 1, Woodland Estates 2" Addition. Motion carried on a 7-ayes, O-nays, 0- absent vote. OTHER BUSINESS. \ / Mr. Hinzman updated the Commission regarding previous Council actions. He stated at the November 2, 1999 City Council meeting, there was approval of an amendment to the Snowmobile Ordinance to ban snowmobiles south of 161 st Avenue. He stated some of the snowmobile groups were attempting to determine the locations of corridor trails to be designated south of 161 st Avenue, and when those recommendations come forward in the future, the Council will review them, and further act upon this matter. Mr. Hinzman indicated the Council considered the special use permit request for the US West Wireless cell tower to be located at 32xx South Coon Creek Drive. He advised the Council tabled this item until their last meeting in January, in order to conduct an appraisal to determine if there would be any property valuation loss due to the cell tower. Mr. Hinzman stated the Council approved a variance request for a sideyard setback for encroachment ofa garage at 2551 136th Avenue. He stated there was also approval of the special use permit for land reclamation, the liquor licenses for Andover Station, the real estate signs for Fox Hollows, and the Garage before Principle Structure and Relocation of Structure for Gary Crider, on Crosstown Boulevard. Mr. Hinzman advised there was a large agenda set for the November 23 meeting of the Planning and Zoning Commission, consisting of 8 or 9 public hearings regarding preliminary plats. He explained that preliminary plats must be approved by the City Council by ,the end of 1999, to allow for construction next year. Mr. Hinzman stated Commissioners Jovanovich and Daninger's term expirations were approaching, ... and advised if they wished to be re-appointed to the Commission, they submit a letter to him by .' December I, which he would forward to the City Council. , , \.. / " - / \ , ,/ CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: November 9. 1999 ITEM NO, 5 ORIGINATING DEPARTMENT SUP 99-28 Area Identification Sign Woodland Development 1 51 xx Nightingale St. NW Planning Megan Barnett Planning Intern Request The Planning and Zoning Commission is asked to review a Special Use Permit request by Woodland Development to allow for the placement of an area identification sign for the Woodland Estates 2nd Addition development located at 151xx Nightingale Street NW, legally described as Lot I, Block I, Woodland Estates 2nd Addition. Applicable Qrdinances Ordinance No.8, Section 8.07, allows area identification signs on residential projects provided: 1) The sign area for development is larger than five (5 a.) acres. 2) One (I) sign per development is allowed by Special Use Permit. Additional signs shall be reviewed by the Andover Review Committee (ARC) and the Planning Commission and approved by the City Council. 3) The maximum square footage of the sign is thirty-two (32 s.f.) square feet. 4) The sign is located ten (10') feet from the property line. " Page Two '- ) SUP 99-28 Area Identification Sign November 9, 1999 Ordinance No.8, Section 5.03 regulates the Special Use Permit process and outlines the following criteria: I) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on the values of property and scenic views in the surrounding area. 4) The effect of the proposed use on the Comprehensive Plan. General Review " The applicant is requesting to erect a permanent monument area identification sign for the Woodland Estates 2nd Addition, a single family urban residential development. The area identification sign will be located on Lot I, Block I, Woodland Estates 2nd Addition. ./ Commission Options 1. The Planning and Zoning Commission may recommend to the City Council approval of the Special Use Permit request to erect one area identification sign on the property located at 15xx Nightingale Street NW, legally described as Lot 1, Block I, Woodland Estates 2nd Addition. The Commission finds the request meets the requirements of Ordinance No.8. 2. The Planning and Zoning Commission may recommend to the City Council denial of the Special Use Permit request to erect one area identification sign on the property located at 151 xx Nightingale Street NW, legally described as Lot 1, Block 1, Woodland Estates 2nd Addition. The Commission finds the request does not meet the requirements of Ordinance No.8. In recommending denial of the request, the Commission shall state those reasons for doing so. " l , Page three / SUP 99-28 Area Identification Sign November 8, 1999 3. The Planning and Zoning Commission may table the item pending further information from Staff. Recommendation Staff recommends approval of the proposal subject to the provisions of the attached resolution. Attachments \ / . Resolution · Exhibit A . Sign Location . Site Picture · Special Use Permit Application . Notice of Public Hearing \ ; , " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT TO ERECT ONE AREA IDENTIFICATION SIGN ON THE PROPERTY LOCATED AT 151XX NIGHTINGALE STREET NW, LEGALLY DESCRIBED AS LOT 1, BLOCK I, WOODLAND ESTATES 2ND ADDITION. WHEREAS, Woodland Development has requested a Special Use Permit to erect one area identification sign on the property located at 151 xx Nightingale Street NW, legally described as Lot I, Block I Woodland Estates 2nd Addition, legally described on the attached Exhibit A. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 8.07; and " / WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: I) The sign area for development is larger than five (5 a.) acres. 2) One (1) sign per development is allowed by Special Use Permit. Additional signs shall be reviewed by the Andover Review Committee (ARC) and the Planning Commission and approved by the City Council. 3) The maximum square footage of the sign is thirty-two (32 s.f.) square feet. " Page two / Area Identification Sign SUP 99-28 November 8, 1999 4) The sign is located ten (10') feet from the property line. 5) The Special Use Permit will be subject to annual review by staff. 6) The applicant shall execute a written agreement with the city for the maintenance of the sign. 7) The applicant shall apply for and be granted a sign permit before the erection of the sign. Adopted by the City Council of the City of Andover on this 7th day of December, 1999. , ) ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J.E. McKelvey, Mayor \ / , / '. , / ) EXHIDIT A The South Half of the North Half of the Southwest Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota. excepting therefrom the South 16.5 feet as measured at right angles to the South line of said North Half of the Southwest Quarter, according to the United States Government Survey thereof. and The South 11.00 feet of the North Half of the North Half of the Southwest Quarter of Section 22, Township 32, range 24. and The North 16.5 feet of the South Half of the Southwest Quarter of Section 22, Township 32, Range 24, as measured at right angles to the North line of said South Half of the Southwest Quarter. and The South 16.5 feet of the North Half of the Southwest Quarter of Section 22, Township 32, Range 24, as measured at right angles to the South line of said North Half of the Southwest Quarter. and The South 671.1 I feet of the east 316.00 feet of the North Half of the Southeast Quarter of Section 21, Township 32, Range 24, Anoka County, Minnesota. ." '\l . /2 :If ..... , '>- -,," ,~. / "- / ------ "- \ "- .... ... II: ::1' t". "- , .. ""-1 , ~~-.... J '" " "- " ,..- " " --- ,..- " " ,..- \ / " ----- \ "- " .. . . , L,.I;.=~:. ~~-11"-'~'" ~ f ;.IooU,~~~ ~~.~ ......... t r:~ ~~~~~~'_ i jc2":___ .---;--- , , , I , , ~,3'tl o.tr~ I ~~6t ~:I 95~'-: I,', ~=.,~ ,_,' - I I ... - wI'_ I' '-l ,- --""';.-.:' .34 . , , / -" I -------'8 BB~? r ...._--~......._~ , Il"5J.~ 9 .7 I I '1...."'-. ...: ~LT"lJ.4.J8 . ;6=07'J '4{)" \ : ~l;lC<lQOo _ 1 -',-------- ~07..,.:sa_ / L=\49A7 95~------ \ j72 f l;T~s:-.f1----I-- \ I I \ \ \ ~ \ \ \ \ \ \ \.. ....... '- '- '- '- .......- --- .............. ....... ..... I (},35 acres r :/ 4 a>I::, , u;1, It I _II /' II.,......... ,: 350 'I' I '- --:... ~ I ./ I "----L _1 \ \ ::Il <0 .,.. , I ~ J' ~ ':;, " .S;) ::J '-> 'Z, > ZONE j ", ~ -.. " 1 "- --- I ~.:;k~:::..:4::~~~~,:: ~ ..... ...... / ~ t........ :t ~". '\l .5 3 ~J.. ~.... i :. "Nf!l .~~ ), 3ec :~ .. J': ~ .. ", -.., : .:' ~'"e 'C g " " -.- ~ ..---.---- ..-- -- -. - - '-- - -- ------------~--~=-.:.--=- .. --..- -.. --.... _ _ ...:...-2.._. -:....: :-:::_::-.:: -:-:.....::-: :.._ _ _... --:--------- , , .. - Co:).$' . -'.... '"""S'~"'" ..::,;.... \.. <-:. ._~ ~~~ .- h - - - -l1h - --= -..: --.: ;;-_.:. _ _ ')'I:' ~ ;'7 ...S...., "' .f/" ; ..,' I -",:;.' I - ~ .~~ I .' ~ ~~- ,.,"-...~ ! ."...., .:?/!~ .'*)-", . . '\.:... ...... ,_o~ "';-~-$ : .../ ,. ~ .- ~. ,~~ <(!" ~~_-f~ '),",.: - --------~~------~;? ~ .~........,~,...; . ~::"~..,,~ ....'-J .......~....:- , j ~~F'" ;j .--------::-- L\:\ E ~.w. " .., / ,/ ...~'1tt '-'/0- :';.:.;< .or .8~. "J~t;,., CC-r~"s <" \~ " \.:.. , i\<"A. I ~'o ~\~ "'\~ \D~ ~ :...._------ ~ - .' ~ " .., ~ 4.... 41.-1~..J - - --- , \ ,j r \ ,) , '. , ./ Woodland Estates Area Identification Sign d7''C3 -j - . OCT 08 . 9'3 00: 32 FR CITY CF r:MXJJER 612 7S5 8923 TO 4270192 P.04/OO ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 7~100 SPECrAL USE PERMIT Propert", Addre.. ~& W:>rAk....,Q ~ v.J. Legal Description of roperty: (Fill in whichever is approp!iate): .. . U&tttuv- Lot Block Addition PIN _, (IA;metes and bounds, attach__ _ the complete legal , -- .----desct'ipt;.ion.) 0.---- - --- IS the property: Abstract ot Torrens ? (~is information must be provided and can be obtained from the County. ) -------------------"-------------------------~----------~-------- Reason for ~equest i1ua. tb.J-<~' ~~Q - ,~ tt WOv~ , ) Section of Ordinance Current Zoning }( - I ----------------------------------------------------------------- Name of Applicant l~&.Q_o../{''4'Q ~~ Address <:6?,:o \..tJ M'A-U0 <Sl fWJi>lcrr M(~,.J Home 'hone~ "ffine.. 'hone 42-7-7':>'VO Signature, I)~W--ct Date ~ -------------~ --------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address HODle Phone Business phone , ) / Signature Date ----------------------------------------------------------------- OCT 00 '99 00: 32 FR CITY CF f=tIDOOER 612 7SS 8923 TO 42?0192 P. 05/1219 , I J SPECIAL USE PERMIT PAGE 2 The fallowing information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and North mow; dimension of the property and structuIes; ftont, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property Torrens property Mailing labels " Rev. 5-06-93:d'A 5-04-94:bh 2-01-95:bh 3-22-9S;bh 9-30-96:bh 1-07-97:bh 6-03-98:bh Res. 179-91 (11-05-91) $200.00 $150.00 $100.00 $25.00 $40.00 $25.00 Date Paid Receipt # CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit. the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parkiIig facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. , , , / 4. The effect of the proposed use on the Comprehensive Plan. :supapp "'.' .' .~ -. ... "".."'''-. .' . ..':.~' - ~'~~k~i;~~\7~t.f:~!ti~~L~il~~. . __'"-'. "';0.11#. ...........!~~V....... ~. ...,__~\ . >./,:~~';~'~~d:i]j2~.:~~a;:;-;,;~:.;. "",' " -','''''~,~'f~~-,...'\'it-~~~~_:l,',"" . .. ,':. ;'~A~:t;~~~ft~~~:~i~~ff:~~\",: ). CITY of ANDOVER -- , -':.:~i~:~i;:}.:.':\~,;:,'>:~0~;~:~:;. '_ ~ ......... -0- .--~...:1a.....-.; 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. -XSt2!"755-5100' .: .Y':;_ '. .0 ..... .' .~... ::.. .... .....:~ . CITY OF ANDOVER :, ' ,:~.: :".'.__::::.< _ . ~~J}~"!,,\~.;~~j'f~;'~;~j:;~x;~~~~f~.t:t ':"~:':".'~:~"".' '.. , The Planning and Zoning Cciinmissionof the citY of Andover will hold public ~eai-ingS at 1;O()'P~~":9f ~c).}~ ::".. ,.': .. SOO!! thereafter as can be heard. on Tuesday"November 9, 1999 at the AndOver City ~ 168S~w.n. ';";:~':,"':::::'~>,.,:"; '. .. . .. BotiIevai-d NW, Andover. Minnesota to consider the fOllQwfug appIicatiom:fequCsted bY:Woo~flUi:&\s~~-i:e'-;;:;~S1~P;!{~<-t D<~lopm~'C"-",", . .. ... . ... ..:. .:'\: .<jq~i~~~~g~~~~gtt~; 1., Rezonmg property from R-l, Smgle FamjIy Rural to R-4. SmgJ~ Family UrllaIi. >,,:...:.' >:::g::t;,;_:;,~..::;,~,:;".::-,:~>,:":,~,;.,, ::.:., 2'~~~~~f:W~.;d~~~,~~~~f~~''**~fI~~i~f~*' . . . . . .' ... >:~ -.-.. .'. -.... - -." . -' . .~ 3. Special Use Permit for an area'identification sign for "Woodland EstateSSeccind Addition,.....L~:~.<;"..i'::'"~.,,\.:. The property is generally located northwest of the intersection of Crosstown Boulevard NW and Nightingale Street NW, and is legally described as follows: The South Half of the North Half of the Southwest Quarter of Section 22, Township 32, Range 24, Anoka . County, Minnesota, excepting therefrom the South 16.5 feet as measured at right angles to the South line of said North Half of the Southwest Quarter, according to the United States Government Survey thereof. and The South 11.00 feet of the Nonh Half of the North Halfofthe Southwest Quarter of Section 22, Township 32, range 24. and The North 16.5 feet of the South Ha1fofthe Southwest Quarter of Section 22, Township 32, Range 24, as measured at right angles to the North line of said South Half of the Southwest Quarter. and The South 16.5 feet of the North Halfofthe Southwest Quarter of Sect ion 22, Township 32, Range 24, as measured at right angles to the South line of said North Halfofthe Southwest Quarter. and The South 671.11 feet of the east 316.00 feet of the North Half of the Southeast Quarter of Section 21, Township 32, Range 24, Anoka County, Minnesota. / Publication dates: October 29, 1999 & November 5, 1999 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: December 7.1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott ~rick~on.J\( Engineering \Pl ITEM NO. Accept Petition/Order Feasibility Report! ~~-351W00dland Estates 2nd Addition The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain, street and storm sewer for Project 99-35, in the Woodland Estates 2nd Addition area. I I " / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER, PROJECT NO. 99-35, IN THE WOODLAND ESTATES 2ND ADDITION AREA. WHEREAS, the City Council has received a petition, dated October 28. 1999, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: , j 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1.000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. '. MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 7th day of December , 19 99, with Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor ) Victoria Volk - City Clerk '1'!- 3S- \ / October 8, 1999 RECEIVED 1:1'281900 CITY OF ANDOVER Mr. Scott Erickson City Engineer City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 RE: Woodland Estates Second Addition Dear Scott, " Woodland Development Corporation does hereby petition for improvements by the construction of ) water main,. sanitary sewer, storm sewer and streets with curb, concrete curb and gutter with the cost of the improvements to be assessed against the benefitting property which is described as Woodland Estates Second Addition. We request that a feasibility report be prepared as soon as possible. We have enclosed a check for $1,000 for the feasibility report expenses. Set petition is unanimous and the public hearing may be waived. S~relY~ l~ Byrof We,tlund Vice President BDW:yop Enclosure " / 830 West Main Street Anoka, Minnesota 55303 (612) 427-7500 FAX: (612) 427-0192 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " ... / DATE: December 7. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion ITEM No.7. Planning Jeff Johnson Approve Rezoning (99-03) Rezone from R-l to R-4 (Section 25) Shadowbrook 6th Addition Bunker, LLC Reauest The City Council is asked to review a rezoning request from R-l, Single Family Rural to R-4, Single Family Urban. The proposed site is approximately 29.4 acres in size and is located east of Prairie Road in Section 25, next to Shadowbrook 5th, 3rd, 2nd and 1st Additions which is legally described in the attached amendment to Ordinance No.8, Section 6.03. , \ The rezoning is submitted in conjunction with the Preliminary Plat for Shadowbrook 6th Addition, a ) thirty-five (35) single family detached home subdivision. Plannin!! and Zooin!! Commission Action The Planning and Zoning Commission met on November 23, 1999 and recommends to the City Council approval (unanimously) of the request. Please consult the attached staff report and meeting minutes located in the packet for more information. Attachments Planning and Zoning Commission Staff Report Ordinance Amendment \ / \ , ) , , ) , , , / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: November 23. 1999 ITEM NO. 4 ORIGINATING DEPARTMENT Public Hearine: REZ 99-04 Rezone from R-l to R-4 Section 25 - Shadowbrook 6th Addition Bunker, LLC Planning Megan Barnett Planning Intern Reauest The Planning and Zoning Commission is asked to review the rezoning request of Bunker, LLC to rezone approximately 29.40 acres from R-l, Single Family Rural to R-4, Single Family Urban. The proposed area is generally located east of Prairie Road in Section 25, next to Shadowbrook 5th, 3rd, 2nd, and 1st Addition, legally described on the attached amendment to Ordinance 8, Section 6.03. The rezoning is submitted in conjunction with the Preliminary Plat for Shadowbrook 6th Addition, a 35 lot single family urban detached subdivision. Applicable Ordinances Ordinance 8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). Ordinance No.8, Section 5.03(B) establishes the criteria for granting a special use permit. These same criteria have been utilized by the City in considering rezoning applications in the past. The criteria include the following: I) Effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land. 2) Existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) Effect on values of property and scenic views in the surrounding area. 4) Effect of the proposed use on the Comprehensive Plan. \ \. / Page Two Rezoning - R-l to R-4 Section 25, Shadowbrook 6th November 23,1999 Ordinance 8, Section 6.02 establishes the minimum length, width and size for property in the R-4, Single Family Urban Zoning District. They are as follows: Lot Width at Front Setback Lot Depth Lot Area Per Dwelling - 80 feet - 130 feet - 11,400 square feet Adiacent Zonin!! and Land Use Adjacent zoning and land use within 350 feet includes the following: North East South West R-l, Auditors Subdivison R-4, Shadowbrook 5th R-4, Shadowbrook 2nd R-l, unplatted residence . , General Review , / The proposed rezoning is consistent with the Comprehensive Land Use Plan and the current R-4 zoning ofthe adjacent properties. The proposed rezoning fits into the projected time frame for development and connection to city sewer and water, which is planned for the year 2000. The property proposed to be rezoned is also within the MetropIitan Urban Service Area (MUSA) 200-2005 boundary. Commission Options 1. The Andover Planning and Zoning Commission may recommend to the City Council approval of the rezoning request of Bunker, LLC to rezone approximately 29.40 acres from R-l, Single Family Rural to R-4, Single Family Urban in conjunction with the Shadowbrook 6th Addition subdivision located in Section 25, legally described on the attached amendment to Ordinance No.8, Section 6.03. 2. The Andover Planning and Zoning Commission may recommend to the City Council approval of the rezoning request of Bunker, LLC to rezone approximately 29.40 acres from R-l, Single Family Rural to R-4, Single Family Urban in conjunction with the Shadowbrook 6th Addition subdivision located in Section 25, legally described on the attached amendment to Ordinance No.8, Section 6.03. , / , " , ./ " I / '. / Page Three Rezoning - R-l to R-4 Section 25, Shadowbrook 6th November 23, 1999 3. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. Recommendation Staff recommends approval ofthe rezoning from R-l, Single Family Rural, to R-4, Single Family Urban, Shadowbrook 6th Addition. Attachments A-I Ordinance Amendment A-2 Location Map A-3 Rezoning Location A-4 Notice of Public Hearing " > , , \. / \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows: Rezone approximately 29.40 acres from R-l, Single Family Rural to R-4, Single Family Urban in Section 25 legally described as follows: That part of Lot 1 Auditors Subdivision number 141, lying southerly of County Ditch number 57 also refered to as Coon Creek, Anoka County Minnesota, Subject to the easements of record. NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. 1999. Adopted by the City Council of the City of Andover on this 7th day of December, CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk J.E. McKelvey, Mayor @ City of Andover Shadowbrook 6th Addition Bunker, LLC \ " LLLLLLJ~ LEGEND , I' l SUbject Property 0 350' Mailing Boundary /\I Street Center Lines LIl Properties Nctrfied N A Sources; Andover Engineering Andover GIS Anoka County GIS Parcels D Loll Parcel Boundaries 8 Right-d-Way Water Features 1 inch = 1,090 feet RF -1:13,083 Map Date: November 15, 199 '1 j CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANOOVER. MINN'ESOTA 55304. (612) 755-5100 CITY OF k"IDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold public hearings at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, November 23, 1999 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to consider the following applications requested by Bunker, LLC: 1. Rezoning property from R-l, Single Family Rural to R-4, Single Family Urban. 2. Preliminary Plat of "Shadowbrook 6th Addition" consisting of35 single family urban residential lots. The property is generally located east of the Shadowbrook plat, north of the Shadowbrook Second Addition plat, west of Shadow brook Third and Fifth Additions and south of Coon Creek, and is legally described as follows: , That part of Lot 1, Auditor's Subdivision No. 141, Anoka County, Minnesota lying Southerly of ) County Ditch No. 57, also known as Coon Creek. and All that part of Lot 4, Auditor's Subdivision No. 141, Anoka County, Minnesota, which lies South of the following described line: Commencing at the Southeast corner of said Lot 4; thence North 00 degrees 29 minutes 17 seconds West (orientation of this bearing system is assumed), ," .31ong the East line of said Lot 4, a distance of 1367.6.9 feet, to the point of beginning of the line,'. . ::'.>: :;~',::::'::':),' t9,be described; thence south 79 degrees 46 minutes 31 seconds West, a distance of328;71 feet.' '" :;. "'~':\"; " ';':~:;":~"<:'.:;:..ti) the West lU;c 'of said Lot 4 and saidline there terminates. ',' " :-- '...., ,'. .,,"'. ~. :',' .~. <- ;';~'. .;.~\'J:.:~...:.~.......':!.;"'~~'~_." '. - .... - , . ," . .:_0 . . _ :0. ....~:.>... .:~~:~:;'~:.y~/.~,~;', '" , and . , " , " :~'.':':,,~: '; ".; :--- Ali'that part of the North Half ofth~ Northeast Quarter of Section 36, Town~hip 32, Range 24, ,-', . ~~;:"i,':"'7:'.'::-:,-Ahoka County, Mi'nilesota, which lies easterly ofSHADOWBROOK, northerly of' . ,,' .' ',. , , -:':, '-' '::-.':.::. ':, "'SHAoOWBROOK SECOND ADDITION and west~r1y of SHADOWBROOK TIllRD and " -, ./, '. ,'FIFTH ADDITIONS, accordirig.tothe re.corded platS thereof, on file. and,9f record in ~e O~ice _ c.' .,.,', '::~:":'"'' ~:2f{~tt.i.t1~~}~fe~~Cf3~.?;~~~~~~~;'~r~~~,.~~~~~~inn~sota::' ',",' . ",",,:,.<,:.-:;:,:~" . "'~:",,: ~:7",';'-':':~~:~~:';::.~;:;;;~}<:: " .:';:.:.. :.:;/ All Mitten and verbal comments will be received at that time and location. A copy of the ,., " .", :.' .'",,~pplic~tion and location will be avaiiable at the Andover City Hall for review prior to said , ,"'.meeti~/~ ' , David ,Carlberg, Community Development Director , / Publication dates: November 12, 1999 & November 19, 1999 .. ... ".;-:":.~: . ..~ . ) CITY of ANDOVER . 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612)'755-5100 . , , "; ...= . . . . RE'. ZO'NIN"G' 'RE..' Q W'" S'T'F'O' RM' ',-."5j/>': ',: ::;:'<"..,.~-:,:,: ~.. '~". . . .,. .. -. _ '.: - - . "-:':':~f.';:-!:~".,~.ffi"'.::'.'t.:..;:'.:"'",~"', ';~"';-":';'_'-~;::':',:"":-"'::-\'::J.:'i~::..,,:,:. ,.".' Pro~:~~;{'~'~ ,/:~;,:.g;i~;:;l~~~~i~ii,'~;';"'~~IK~;JJ;~ii~, , Leg~ I?escription o'f~~~:, (Fill ~ ~hic~~~6;-i~"appropri~)":,~;,'~.:~:~;~;.;(4~5_; ,,:':::~~:\::' . '.- . - ~....' ~'.. .~ .~~ . Block A,d!lition " Lot .~' .' Is the property Abstract or Torrens: (To verify call the Anoka County Office at (612) 323-5400 with the property PIN number) ". - ~ Abstract x- Torrens , j Reason for Request 5-1~,.)/~/-( .6;-;:' //~ ffi~ Current Zoning /? / Requested Zoning /1'- y Land Use District \ J Name of Applicant /~~ AA C __ Address ./c),/..?A ~o~) h~' ~-,.J ~~ ~J:;;;;;g"'" Home Phone Business Phone a,7-/Yb -- Fax:::3:J-:-~// Signature /~ 45 Date ft 7'- ?:9 'I J REZONING REQUEST FORtV! Page 2 Property Owner (Fee Owner) (If different from above) r ~ ~c::;--- ./1 ,/ Address Home Phone Business Phone Fax Signature Date The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: a. Scale b. North Arrow c. Dimensions of the property and structures d. Front, side, and rear yard building setbacks e. Adjacent streets f. Location and use of existing structures within 100 feet Application Fee: $300.00~ Anoka County Recording Fee: ./ Abstract Property $25.00 ,. Torrens Property $40.00 .- 3d-~ .00 Date Paid Receipt # CRITERIA FOR GRANTING A REZONING REQUESTS In granting a Rezoning Request, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: I. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. . \ ,) 3, The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. I Rezoning Request Process " J . A Public Hearing notice will be sent out to all property O'WI1ers and residents within 350'feetofthe proposed property. . A sign stating "Proposed Land Use Change" will be placed on the property to be rezoned in order to inform interested residents (For Public Hearing information please call the informational hotline at (612) 767-5126). . City staffwill conduct a site inspection and photograph the property. . A staff report is prepared on the Friday before the City Council meeting. The report can be obtained by calling City Hall (612) 755-5100. . A Public Hearing is held at the Planning and Zoning Commission Meetings. Questions may be addressed to the applicant from the Planning & Zoning Commission or the public. . It is important that the applicant attend the Planning and Zoning meeting. . The Planning and Zoning Commission either votes to forward the item to the City , i Council with a recommendation of approval or denial, or table the item in order to , obtain further information. · The item is placed on the City Council agenda as either a discussion or non- discussion item. · The City Council will either approve. deny, or table the request. · The Zoning Map will be amended to reflect the proposed change. revised 8/30,99 g:1 datal stafflm bamett/ rezonapp, doc " " / , , J CITY OF ANDOVER REQUEST FOR CITY COUNCIL ACTION DATE December 7.1999 AGENDA SECTION Discussion AGENDA ITEM Preliminary Plat \)r Shadowbrook 6th Addition ~ \ Bunker, LLC ORIGINATING DEPARTMENT Andover Review Committee The City Council is requested by Bunker, LLC to review and approve the preliminary plat of Shadowbrook Sixth Addition located in Sections 25 & 36, Township 32, Range 24, Anoka County, Minnesota. , The Andover Review Committee (ARC) has reviewed the preliminary plat and their comments are as follows: J General Comments · The plat currently has two zoning classifications or designations, R-l, Single Family Rural and R-4, Single Family Urban. The portion zoned R-l, Single Family Rural will need to be rezoned to R-4, Single Family Urban. The proposed plat is currently within the Metropolitan Urban Service Area (MUSA) (1995-2000 Phase) as is scheduled to develop in 2000 in accordance with the Development Policy Guideline. Municipal sanitary sewer and water is proposed to serve the site. · The proposed subdivision consists of 35 single family urban residential lots. · The developer and/or owner is responsible to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Coon Creek Watershed District, LGU, MPCA and any other agency which may be interested in the site.). Comments of the Andover Review Committee There are variances being requested with the proposed preliminary plat. Variances are listed as follows: 1. The developer is requesting a variance from Ordinance 10, Section 9.03(G) which \ establishes a maximum 500' cul-de-sac street length. Both 141st Avenue NW and / '\ , .I Cottonwood Street NW/142nd Avenue NW are 750' in length. Therefore, variances of 250' are being requested for both streets. Other Comments bv the Andover Review Committee 1. There may be minor housekeeping changes needed on the plat presented to the Council. Planning and Zoning Commission Recommendation The Commission reviewed and held a public hearing on the preliminary plat on November 23, 1999. The Commission is recommending approval of the plat with conditions as shown on the attached resolution. Park and Recreation Commission Recommendation The Commission will be reviewing the preliminary plat at their December 2, 1999 meeting. The Commission recommended cash in lieu of land when reviewing the sketch plan on June 17, 1999. " J 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is Shadowbrook Sixth Addition. d. Scale is 1" = 100' g. The preliminary plat and the grading, drainage and erosion control plan were prepared by LSJ Engineering, Inc. and Midwest Land Surveyors & Civil Engineers, Inc. 8.02 EXISTING CONDITIONS b. Total acreage is 48.6 c. The existing zoning within 300 feet of the proposed plat has been shown. f. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat per ordinance requirements. g. The boundary lines within 100 feet of the plat have been shown along with the names of the property owners. h. A Tree Protection Plan has been submitted to for review and approval. J '; j. A soil boring report has been received by the City. 8.03 DESIGN FEATURES a. The proposed right-of-way as indicated is 60 feet. c. The sanitary sewer, watermain, storm drains and street will be designed by the City's consultant. g. The setbacks for each lot are shown for the single family urban residential area. h. The proposed method of disposing of surface water has been shown on the grading, drainage and erosion control plan. 8.04 ADDITIONAL INFORMATION b. Sewage disposal facilities will be municipal sewer. d. Rezoning of properties will be required. f. Flood Plain Management is regulated by the City. , \ g. Street lighting is required and the installation costs will be paid for by the developer. j. The total linear road mileage for the proposed plat is 0.41 miles (2,169 feet). k. Location of Area Identification Signs. No signs are proposed. 9.02 STREET PLAN a. The typical section, right-of-way and grade are indicated on the preliminary plat. 9.03 STREETS a. The proposed right-of-way is shown as 60 feet which conforms to standards by classification. n. Boulevard is required to be topsoil and sodded. 9.04 EASEMENTS b. A drainage easement has been shown to follow the 100 year flood elevation. J , \ \ 9.06 LOTS e. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. ': / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO -99 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF SHADOWBROOK SIXTH ADDITION BY BUNKER. LLC LOCATED IN SECTIONS 25 & 36, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on the preliminary plat; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: , 1. A variance from Ordinance 10, Section 9.03(G) to allow the length of cul-de-sac streets of 141st Avenue and Cottonwood Street/142nd Avenue to exceed the 500' maximum length requirement by 250'. , / 2. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 3. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. 4. Geotechnical engineering report being reviewed and approved by an independent geotechnical engineer and accepted by the City. Adopted by the City Council of the City of Andover this 7th December , 19--22-. day of CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk , , / , \ ) \ / EXHIBIT A Legal Description That part of Lot 1, Auditor's Subdivision No. 141, Anoka County, Minnesota lying Southerly of County Ditch No. 57, also known as Coon Creek. and All that part of Lot 4, Auditor's Subdivision No. 141, Anoka County, Minnesota, which lies South of the following described line: Commencing at the Southeast corner of said Lot 4; thence North 00 degrees 29 minutes 17 seconds West (orientation of this bearing system is assumed), along the East line of said Lot 4, a distance of 1367.69 feet, to the point of beginning of the line to be described; thenc\ south 79 degrees 46 minutes 33 seconds West, a distance of328.71 feet to the 'W ,st line of said Lot 4 and said line there terminates. , and All that part of the North Half of the Northeast Quarter of Section 36, Township 32, Range 24, Anoka County, Minnesota, which lies easterly of SHADOWBROOK, northerly of SHADOW BROOK SECOND ADDITION and westerly of SHADOWBROOK THIRD and FIFTH ADDITIONS, according to the recorded plats thereof, on file and of record in the Office of the County Recorder, Anoka County, Minnesota. ) Regular Andover Planning and Zoning Commission Meeting Minutes-November 23, 1999 DRAFT Page 4 ~ ) Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 7-ayes, O-nays, 0- absent vote. Mr. Hinzman stated this item would be considered at the December 7, 1999 City Council Meeting. PUBLIC HEARING: PRELIMINARY PLAT - SHOW BROOK 6TH ADDITION - BUNKER, LLC -35 SINGLE FAMILY DETACHED HOMES-SECTIONS 25 & 32. Mr. Carlberg stated the Planning and Zoning Commission is asked to discuss and recommend to the City Council the approval of the Preliminary Plat of Shadowbrook 6th Addition, located in Sections 25 & 36, Township 32, Range 24, Anoka County, as proposed by Bunker, LLC. Mr. Carlberg indicated the Commission's previous action recommended approval to the City Council of the rezoning request. He stated the proposed project is planned to develop in 2000, in the MUSA phase, within the Development Policy Guidelines. He pointed out the property was originally indicated within the 1995-2000 time frame, for development in 2000. Mr. Carlberg stated the proposed subdivision consists of 35 Single Family Urban residential lots. He indicated that during the original Sketch Plan phase, in 1995/1996, fifty-two (52) twin homes were " proposed for the site, however, the developer is currently proposing to construct thirty-five (35) ) Single Family homes. Mr. Carlberg stated this area will develop with sanitary sewer and water service, and is consistent with the Comprehensive Plan and the City's Development Policy Guidelines. He advised there are two variances being requested. He indicated Ordinance No. 10, Section 9.03 (G) establishes a maximum 500-foot cul-de-sac street length. He explained that the cul-de-sac located on 141 51 Avenue NW exceeds the 500-foot maximum by 250 feet, as do the street sections of Cottonwood Street and 142nd Avenue. He stated that both street sections are approximately 750 feet in length, and two variances of250 feet are being requested on the cul-de-sac lengths. Mr. Carlberg advised that all of the subject lots conform to the minimum lot size requirements for the R-4 Zoning District. He stated the Andover Review Committee has reviewed this proposal, and staff has gone through the project a number of times with the developer to insure it meets the ordinance requirements. He advised that a geotechnical route review was being conducted on this project, and the report will be subject to City review and approval. Mr. Carlberg stated a question was raised in the audience related to the filling of wetlands, and the general perception appears to be that the entire wetland would be filled and developed. He referred to the plat, which indicated the undisturbed areas, which are wetlands, flood plains, or flood fringe, and the shaded areas on the plat represent the areas that cannot be developed. He noted the grading plan indicates areas that are being mitigated for the crossing of Cottonwood Street. He advised that '/ the developer will actually be reducing some of the buildable area on the site, and a stormwater pond Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 5 DRAFT "I,; \ ) will be constructed on the high knoll of a peninsula on the site, prior to the discharge of any water into the wetlands. Commissioner Apel inquired if the peninsula was where the mitigation would occur. Mr. Carlberg indicated that a piece of land would be utilized from the buildable area for the mitigation, and that would become a wetland area. He noted the Sketch Plan of 1995/1996, indicated two unit town homes around the entire peninsula, and a street coming out into the area. He pointed out that the CUrrent project represents significantly less development of the area than the previous proposal. Mr. Carlberg stated the Parks and Recreation Commission would review the preliminary plat at their December 2 meeting, to determine park dedication, and whether that will be cash or land. He noted that during the Sketch Plan process on June 17, the Park Board was leaning toward cash in lieu of land, and it was expected this would be their recommendation. Commissioner Dalien noted a small stub of property between 142nd Avenue and Shadowbrook 5th Addition, and inquired if this was originally intended to go through as a street to service twin homes in that area. , , / Mr. Carlberg stated this was correct. He pointed out that this has been an item of discussion, in that it was proposed to be a connection between the two Additions. He explained the Shadowbrook 5th Addition utilizes a private street system, and the City's concern, at the time this was changed from twinhomes to single family, was that they would reduce street width in this area, and were bringing a public street through, into a private residential subdivision. He pointed out that this might result in some difficulties in terms of snowplowing, which is maintenance performed through the Homeowners Association, therefore, it was decided through the Sketch Plan process and staffs review, not to proceed with that connection. Mr. Carlberg stated the City will have easements through the area, as the utilities run through the property, however, there would not be a street connection, but rather a cul-de-sac, to separate the single family residences from the twin homes in the area. He advised that in the portion coming from the private development, there would just be a driveway to the two units, to deter traffic from driving through the area to reach the cul-de-sac. Commissioner Dalien inquired if this represented a trade off between less density and a longer cul- de-sac. ' Mr. Carlberg stated this was Correct. He added that the Department of Public Works was concerned regarding the private and public issue, in terms of turning around in the private area, and if an agreement with the Homeowners Association would be necessary in order to plow in the area. He explained that now vehicles can enter, turn around in the cul-de-sac, and go right back out. , , / Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 6 DRAFT , ) Commissioner Dalien inquired if there had been any thought given to constructing some twin homes on that end, and making the cul-de-sac shorter, forcing the twin homes residents to enter from 142nd Avenue, yet still having the cul-de-sac available for use by the single family homes. Mr. Carlberg stated the only discussion have been in terms of where the street should be connected through or shortened. Commissioner Jovanovich inquired if the Fire Department would encounter any difficulties in the area, in the event that a vehicle must turn around in the cul-de-sac. Mr. Carlberg stated the Fire Chief would prefer streets to connect. He stated, however, with the cul- de-sac and street length, there is the ability to turn around, and this does meet the requirements. He pointed out if there were issues with the area, such as blockage, there could be an additional access created through the area for fire vehicles, in the event of emergencies. He stated, however, there are a number ofthese cul-de-sacs in the community, 500 to 750 feet in length, and it is not uncommon to allow variances in these cases. Motion by Daninger, seconded by Dalien, to open the public hearing at 7:22 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. '.... / Commissioner Apel explained that mitigation was required with this development, and with this, many standards that must be met. He noted that developers are more able to meet mitigation standards than individuals, because they have more land to work with. A resident inquired if the developer had originally proposed a 500-foot cul-de-sac along the peninsula. Mr. Carlberg referred to the Sketch Plan, which indicated the area of the peninsula. that was originally planned for a road system, and the cul-de-sac, that was located more to the south. He explained the proposed cul-de-sac is somewhat longer, however, it was similar to the original proposal. Commissioner Apel noted that the density of the property had been lowered with the current proposal. Mr. Carlberg stated the density was lowered from fifty-two (52) units to thirty-five (35) units. He explained that the street coming out of the peninsula is the same length as originally proposed, and the street located to the north is slightly longer. There was no further public input. / Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 7 DRAFT \ " Motion by Falk, seconded by Jovanovich to close the public hearing at 7:25 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Falk inquired how many more Additions were proposed for this area. Mr. Carlberg stated to staffs awareness, this project would be the completion of the Shadowbrook development. He indicated there are three large properties on Prairie Road that could be developed with sewer and water service, however, this would be the decision of those property owners. Mr. Hinzman pointed out that those developments would be served from the Prairie Road area because of the large wetland. He explained there is a break off of buildability between the Shadowbrook 6th Addition and the Prairie Road properties because of the wetland. Mr. Carlberg noted the resolution before the Commission requires a modification to Item No.1, in that 140th Avenue should be 14151 Avenue, and it should further indicate Cottonwood Street and 142nd Avenue. He advised there should also be a condition that provides for a geotechnical engineering report to be reviewed and approved by the independent geotechnical engineer and the City. He stated staff has received and reviewed the report, however, the ordinance requires the City hire a consultant, at the expense of the developer, to verify the geotechnical report. Commissioner Apel inquired if the geotechnical report pertained to each lot specifically, or to the entire project. Mr. Carlberg stated the report pertained to the landlocked pond areas, and this was done to insure that the water would not enter into the basements as it percolates down with the pond. Assistant City Engineer, Todd Haas indicated the developer was attempting to have slightly less separation from the ground water table than the required three feet. He explained that the ordinance allows this, as long as an independent consultant reviews and agrees with the report that is submitted to the City. He stated with the exception of these areas, the other lots are all above the lOO-year flood elevations for the ponds and Coon Creek. Motion Jovanovich, seconded by Daninger to recommend to the City Council approval of Resolution No. -22, a resolution approving the preliminary plat of Shadowbrook Sixth Addition by Bunker, LLC in Sections 25 & 36, Township 32, Range 24, Anoka County Minnesota, legally described in Exhibit A, with changes to the draft resolution to indicate that Item No. I be modified to change 140'h Avenue to 141st Avenue, and further indicate Cottonwood Street and I 42nd Avenue, and to include a condition which provides for a geotechnical engineering report to be reviewed and approved by the independent geotechnical engineer and the City. Motion carried on a 7-ayes, 0- nays, O-absent vote. , J Mr. Hinzman stated this item would be considered at the December 7, 1999 City Council meeting. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , -' DATE: December 7. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson~( Engineering ITEM NO. Accept Petition/Order Feasibility Report! q~9-18/Shadowbrook 6th Addition The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain, street and storm sewer for Project 99-18, in the Shadowbrook 6th Addition area. , \ " / ~ , J \ " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STREET AND STORM SEWER ,PROJECT NO. _ 99-18, IN THE SHADOWBROOK 6TH ADDITION AREA. WHEREAS, the City Council has received a petition, dated November 30th, 1999, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover . 1. The petition is hereby declared to be 100% of owners of property affected, thereby '. / making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 7th day of December, 19 99, with Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk qq-Ig \ BUNKER, LLC. 10738 Hanson Blvd. Coon Rapids, tvfN 55433 (612) 767-3965 RECEIVED NOV :l 0 1999 November 29, 1999 CITY QLP:l}~QD.~~B~ Scott Erickson City of Andover 1685 Crosstown Blvd. NW Andover, tvfN 55304 Dear Mr. Erickson: Bunker, LLC. does hereby petition for improvements of water main, sanitary sewer, storm sewer and street with concrete curb and gutter for Shadowbrook Phase VI. The cost of the improvements to be assessed against the benefiting property, described as: Shadowbrook Phase VI I - / (said petition is unanimous and the public hearing may be waived) We request that a feasibility report be prepared as soon as possible. We have enclosed a check for $1000.00 for the expense of this report. The $1000.00 will be refunded upon execution of 15% improvement escrow. Sincerely, /'(L~ Mike Quigley Bunker, LLC. , , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '. J DATE: December 7, 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Community Development ITEM NO. \lo. Accept Payment/Approve Temp. Workspace Request/City Properties Northern Natural Gas David L. Carlberg Community Development Director The City Council is requested by the Northern Natural Gas Company to accept payment, approve the multiple line rights agreements and the temporary work space agreements for two city owned properties. The properties are located at 148th Lane and Prairie Road (Barnes Rolling Oaks Park), and 159th Avenue NWand 7th Avenue NW (location maps attached). The agreements are attached for Council review. Please note that corrections are necessary for the legal description on the Barnes RoIling Oaks Park location agreements. \ , I \, , / , / Enron Transportation & Storage 5t."rdc(S p,.rn.'idt."d bv Nortlrttn1 ~.tltllral GllS CJmp(lnY and Trans'U't'Ste171 Pi,r1elilll! Company 1600 West S2nd Street, S"ite 210 .'vlinnmpolis. MN 33431 (6W SS,-FOO NOVEMBER 23. 1999 MEMORANDUM TO: DAVID CARLBERG, CITY OF ANDOVER 1685 CROSSTOWN BL YO NW ANDOVER MN 55304 FROM: CHARLES HERRING, NORTIIERN NATURAL GAS COMPANY 1600 WEST 82ND STREET, SUITi 210 MINNEAPOLIS, MN 55431 SUBJECT: 1. ACCEPTANCE OF TIIE PAYMENT, REQUIRED UNDER TIIE EASEMENT, FOR LAYING OF TIIE ADDITIONAL PIPELINE ON CITY PROPERTY WITIITN TIIE EASEMENT BOUNDARIES. " 2. APPROVAL OF TIIE TEMPORARY WORKSPACE ON CITY PROPERTY AND A RESOLUTION AUTIIORIZING TIIE APPROPRIATE AUTHORITIES WITIllN TIIE CITY TO SIGN TIIE NECESSARY DOCUMENTS, PER YOUR INSTRUCTION THIS MEMO WILL OFFICIALLY REQUEST A PLACE ON TIIE AGENDA FOR CONSIDERATION AND ACTION OF TIIE ABOVE ITEMS WHICH WERE NOT ACTED ON IN TIIE LAST MEETING, TIIE ABOVE SUBJECTS WERE NUMBERS lHREE (3) AND FOUR (4) IN TIIE LETTER TO JOHN HINZMAN FROM JAMES TALCOTT, ESQUIRE, GENERAL COUNSEL FOR ENRON (NORTIIERN NATURAL GAS COMPANY), DATED NOVEMBER 2, 1999, A IT ACHED HERETO ARE TIIE ORIGINAL DOCUMENTS SUBMITTED WHICH YOU HAD RETURNED TO ME, YOU WISHED CONFIRMATION THAT TIIE Al\10UNT OF MONEY FOR THE LAYING OF TIIE ADDITIONAL LINE WAS WHAT WE HAD PAID OTHER LANDOWNERS. SUCH PAYMENTS IS CONFIRMED. AND THOSE Al\10UNTS EXCEED T1iE Al\10UNT CONTAINED IN TIIE EASEMENT FOR SUCH ADDITIONAL PIPELINES. YOU WISHED SIMILAR REASSURANCES THAT TIIE FORMULA FOR PAYMENT OF TIIE TEMPORARY EASEMENT CONFORMS TO THAT WHICH W AS CALCULATED FOR OTHER LANDOWNERS.. TIllS TOO IS CONFIRMED. \ IT MAY BE NOTEWORTHY TO INFORM YOU THAT BOTH PROPERTIES INVOLVED ARE CONSIDERABLE DISTANCES AWAY FROM RESIDENCES. / Natural gas. Electricity. Endless possibilities.™ " / '-, \ / TIIERE ARE LARGER AREAS OF TEMPORARY WORKSPACE AT ROAD CROSSINGS AND WETLANDS. JOHN HIINZMAN HAS VISITED THE CONSmUCTION SITES IN ELK RIVER AND RAMSEY AND WOULD SAY THAT SUCH ADDmONAL WORKSPACE IS NECESSARY AS A PART OF TIIE OPERATION. WE CONSIDER THAT TIIESE EASEMENT MATTERS ARE FOR THE MOST PART SEPARAlE ISSUES TO BE INDEPENDENTLY ADDRESSED. WE mUST THAT TIIE COUNCIL WILL SEE FIT TO GRANT SUCH REQUESTS AND AU1HORlZATIONS. THANK YOU FOR YOUR CONSIDERATION. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CALL ME SO THAT TIIEY BE TIMELY ADDRESSED. \ , ). Condition 7 - Since the FERC Certificate has been issued, this condition should be removed. Northern is willing to accept the permit with conditions as outlined above and will object ifany other form of condition or additional conditions are made part of the permit. Northem desires to cooperate with the City, but must comply with the FERC Certificate. As the Certificate states, "The Commission encourages cooperation between interstate pipelines and local authorities. However, this does not mean that state and local agencies, through application of state and local laws, may prohibit or unreasonably delay the construction or operation offacilities approved by this Commission." In conclusion, Northern requests the following action at the City Council meeting on November 16, 1999: 1. The Special Use Permit be approved and issued with only the conditions as outlined above. 2. The street crossing applications be approved as submitted which will permit the under- crossing of all City of Andover streets involved in the project. 3. Acceptance of the payment, required under the easement, for laying of the additional pipeline on City property within the easement boundaries. '.. Approval of the temporary workspace requested on City property and a resolution authorizing the appropriate authorities within the City to sign the necessary documents. Northern is currently exploring the possibility of constructing certain portions of the pipeline within the City of Andover yet this fall, \veather permitting. It is therefore important that the City issue the Special Use Permit on November 16. Northern will then be able to react appropriately and in a timely fashion. Northern cannot accept any further delays regarding this Issue. If there are any questions or if the City wishes to meet and discuss any of the items above, please contact Dennis Werkmeister at 612-887-1735. Very truly yours, cc: D. Werkmeister J. Cade 1*0,' am" Rl4alloll~ ~ . / jrt/99-241 \ j Enron Transportation & Storage 5t'r7.'iI.:e.;; Pr-v:'idr'd IllI .\'vrthem .....-,1t.lr,1[ C,r:-: Ccllllpalt!I,lI1d Tr.ll/:;:,t't....tt'rtT P!~ll'lil1r;' e'mpa1f:' )';00 W<,sl 8~lld 5Ir<,<'I. Sllil<, 210 .\Cilll1t?apll{i~. .\.l.\; 35431 'OCi 88~-r~0 MARCH 22, 1999 DAVID CARLBERG CITY OF ANDOVER 1685 CROSSTOWN BLVD NW ANDOVER. MN 5530~ RE: NORTHERN NATURAL GAS PIPELINE - CITY OF ANDOVER PROPERTY DEAR MR. CARLBERG, THIS LEITER SEEKS APPROVAL FROM TIIE CITY OF ANDOVER TO CROSS TWO PARCELS OF LAND OWNED BY THE CITY FOR TIIE PURPOSE OF INSTALLING A SIXTEEN INCH PIPELINE IN TIIE EXISTING RIGlIT OF WAY OF NORTIIERN AND FOR ADDITIONAL TEMPORARY WORKSPACE TO ENABLE TIIE INSTALLATION OF SAID PIPE, THIS FORMAL REQUEST FOLLOWS OUR CONVERSATION OF LAST WEEK REGARDING TIIE MAITER. THERE ARE TWO DOCUMENTS FOR SIGNA TIJRE, TIIE FIRST DOCUMENT IS ENTITI.ED "MULTIPLE LINE RIGIITS RECEIPT", AND TIIE SECOND ONE IS ENTITI.ED "TEMPORARY '- I WORK SPACE PERMIT", THERE IS ALSO INCLUDED COPIES OF RECORDED DOCUMENTS FOR EACH PROPERTY SHOWING THE ORIGINAL EASEMENTS AND MODIFICATIONS TIIEREOF. AN AERIAL PHOTOGRAPH DEPICTS TIIE EXISTING PIPELINE (IN A CHAINED SEQUENCE) Willi TIIE LOCATION OF THE INTENDED ADDITIONAL PIPELINE IN A SOLID LINE. THE PHOTOGRAPHS SHOW ADDITIONAL WORKSPACE AT INTERVALS NEEDED TO BORE ACROSS ROADS OR WET AREAS. NOT SHOWN IS TIIE FIFTY FIVE FEET OF ADDITIONAL ADJACENT WORK SPACE NEEDED TO LAY TIIE PIPE, THERE IS INCLUDED TWO SEGMENTS OF PAYMENTS INTEGRATED FOR EACH PARCEL. THERE IS A PAYMENT FOR TIIE MULTIPLE LINE RIGIITS FOR EACH AT TIIE RATE OF TEN DOLLARS A ROD AND A VALUATION RETURN FOR TIIE FOUR MONTH RENTAL ON THE WORK SPACE Willi AN EXTENSION PROVISION FOR EACH MONTH BEYOND THE ORIGINAL FOUR MONTH PERIOD CONTEMPLATED, SHOULD THERE BE ADDITIONAL rNFORMATION YOU NEED, WE WOULD BE PLEASED TO TRY TO PROVIDE IT, MY CARD IS ATTACHED FOR EASY ACCESS, WE WOULD APPRECIATE YOUR EARLY CONSIDERATION OF THIS'REQUEST. / ES HERRING LAND DEPARTMENT NORTIIERN NATURAL GAS COMPANY Enron Gas Pipeline Group 1600 West 82nd Strut. Suite 210 Minneapolis. MN 55431h(612) 712,1356 1 " , Natural gas. Electricity. Endless I Charles Herring Contract Ri.'lht-of.Way Agent Cellular (612) 963-6308 " ) Tract No,: Ref Tract: Line No,: W.O, No,: Line Name: A2 877-1-55 MNB87702 SN8294 Elk River Branch Line MULTIPLE LINE RIGHTS RECEIPT Received of NORTHERN NATURAL GAS COMPANY, the sum of FOUR HUNDRED FIFTY FIVE DOLLARS AND NO/100 ($455.00) in full payment of the consideration due the undersigned tor the right to lay, construct, maintain, operate, alter, repair, remove, change the size of, or replace an additional line of pipe, with appurtenant facilities, across the tollowing described lands. to-wit: The S t/2 of Ihe SE t/4 of Seclion 24, T32N, R24W <<cepllhe following land: Ik'ginning al the NW corner of the SW 1/4 of the SE 1/4 of .aid Section and running thence S 650 Fe""t: thence E 130 Feet; then N 650 Fee.; thence W 130 .'loct to the place of beginning, and the N t/2 of Seetio" 25. T32N, R24W; the E t/2 of the NE t/4 and Ihe part ofthe W t/2 of the NE t/4 and the I,art of the W 1/2 of the N E 1/4 lying E or the righl-of-way of Ihe Eastern Minne""ta Railway COIIII,any ill Section 26, T32N, R24W containing approximately 488.9 acrc~t mure of leu, subject tu existing J"eK'n'atiuns, easements, public roads and rigbt-of. ways. ADUk.. County, Minnesota. in accordance with the provisions ofa right-of-way agreement dated 3/17/59 and recorded on 7/29/59 as Document No, 201209 . in the Office of the County Recorder for Anoka County. Minnesota. The undersigned hereby certify Ihat they are the present Owner(s) of said lands and entitled to receive said payment. Signed this day of ,1999. '-- ) . OWNER(S): CITY OF ANDOVER By: Title: Tax fD/S,S,N,: By: Title: Tax fD/S,S.N,: RECEIPT OBTAINED BY: L-&UG4-- ~v~z.- Right-of-Way Agent for Northern tural Gas Company " / Tra,1 No,: Ref Tract Line No.: Woo. No,: Line Name: A2 877-1-55 MNB87702 SN8294 Elk Rh'cr Branch Line , J TEi\lPOI{,\I{Y WORk: SPACE PERMIT KNOW AI.l. MEN BY THESE PRESENTS ThaI the undersigned. tor ONE THOUSAND ONE HUNDRED EIGHTY DOLLARS AND NO/l!!!! IS 1,180.00) and other good and ,aluable eonsideralion reccivcd docs hercby grant unto NORTHERN NATURAL GAS COMPANY. a Delaware corporation. its successors and assigns. hereiruJfter called "GrJntee", for a period of 120 days, an additional 'SEE BELOW feet Icmporary working space adjaccnl and parallel to Granlee's existing righl.oQf-way located on or beside certain lraCl(S) of land located in Anoka Count)'. in the State of Minnesota, and legally described as follows: lACIII lkS(.rtptlun uf Prvpt't1y: Tht'S 1/1 urdu! s..: 1/4 u(!Wt'tJun 24, TJ2~.IU4W t'X1."t'pt the' fulluwlne hanil: Jkl!:lIudnCllf the NW l'umrruftht' SW 1/4 urtht" ~Jo: 1/4 u(JllIhl ~,.tJun IIlul runlllnC thll"n,'r S 6541 Jo't'I'I; 1I11'm't' io: 13u ,ont; lJlt'n N 650 "'rt'l; tht'fH.'r W IJu "'~t lu tilt' pllll'" urlwCllllllnC,1Uld tht' N III urs..,"tIun 25. TJ2S, R24W; th~.,: II! urlht' Nit: 1141lOd tht' plu1 urthr \\ II! ultht' NE 1/-I.1Id tht' pMrtulthr \\' II! ufth.. NE 1/~ Iylnc E uftht' rI&ht-uf~w.y vfth.. EillItem MinnnulllltItJtwllY Cumpllny In St-t'tlun !6, TJ2N,IU..aW cunlllinJnc IIpprudnliltely ..axH.9 .Il.r~s, murt' uflt'S!, subjrd tu t'}.lstine rrsrn"lIt.1utu. rllJrmrnts, publlt- rullds IlOd ri~lll-ul-wIIYs. on Easemcnl Grant agreement originally IIled on 3/17/59, and recorded on 7/29/59. as Document No, 201209, in Book No, 453, al I'Jge No, 89, and laler modified and amended on 5/05/81, and recorded on 12129/81, as Document No, 583794, in the Office oflhe Counly Recorder for Anuka Counly, in Ibe Slale of Minne",la, And in considemlion Ihereof. the parties agree: 1.) That Gr.mtee will construct its pipeline in accordance with the terms and within the existing eascment described in the above referenced right-of-way agreement 2.) ThaI Grantce. right to use Ihe lemporary working space shall begin on the first day of construction activities on the existing casement described in the above refercnced right-of-way agreement and exh:mJ lor 120 days Iherefrom. 3,) That GrJntee and the undersigned agree thai this TemporJry Work Space Pemut can be extended after Ihe 120 days stated for consecutive periods of 30 da)'S each. not to exceed a maximum of one year. upon Gr.Jntec giving the undersigned a minimum oftive (5) days advance notice tx:fore Ihe end oflhe 12U day period and each consecutive 30 day period thcreaOer. \- ;' 4,) Thai GrJnlee agrees 10 pay Ihe undersigned Ihe amount of S 295.00 for each conseeulive 30 day period aner the initial 12U c1a~ p;riod has elapsed. ;.) That Grantee, its successors and assigns, will pay to the then O\\.ncrs of said real estate and to any tenant or lessee thcreof. as their respectivc interests mOlY appear, any damage to fences, improvements. and growing crops which may be cJused by the exercise of the rights hereby granted. h.) Tlu.tl Gr.lOlce agrc..~s 10 restore the prop;rly to its original cundition as nearly as prJcticable upon completion of construction of the subject pipeline. The undersigned represent thallhe above described land is/is not rented for Ihe period beginning January 1,1999 to March 1,1999, E,cculed this day of ,1999. OWNER(S): CITY OF ANDOVER By: Tille: Dale: By: Tille: Datc: " Obl~e~ Bv: . ell~~ ..d1-U-':of. Righi-Of'.. Wa). Agent for Northern Natural d. s Compan)' / An additional 5S' reef or work.!JIJilCe and a 200' X 200' Work!llpace arca "- J REfER TO P3-15 fOR OWNERSHIP OETAlLS <:ED I Qcl) <k!) <:ED c.tcl) a:D II a2D CE) --"l :i ~ W en , Z ~ . ~'" Z~ I........ '0 .w..., 3~\i!b ~ z~:J -' ~ !:?>~ 3 -.....0::: . ~~"'g: 010 cO..- '" - R/W66'jWS20'S I . ~ ~ u 0 ~ x (I) a . Z (/)% e: . N ",4,:J: '" x~ii: 1:; :J: 3' ~ 8 . cia: ~~ 00\61 en <<'? 8 w~88 ~g~~o~lw~ ~8z~ z 'I: Ii: ~ ~<>~ ~ XW . . ~~,!.~li>~. . ~3>-\i!o1: '" o..zlii3", .",'-'x . 88 .'-'::S i>-:O;'''' Ii:~:!lo..li:li:bb ~:!l~Z~~. :";;(~. . z"'~. . - - 0 "" <3. . j!: ",0.. 3 ;:::~~~ 0:: 0:: i30..:;:21l1~:e~ ~w o 0 COCDtOf") o(t1o.... It)tO cOOt "'''' I d ~: ~~ ~ 82 gj~~;I: 10 ''1:15 <>o~ lii.~~,.::z:o:: wZ ._ _ '-',.: '.p;z5li:... 1:S b~l=":'" 0 .~"'..,. d'-'~:Hw !"~-;~:J:' "<;~ ua:xo..__en:l!O::N</'I 20'N/46'S I 166'1 ~ o '-' w c;: I NOO- o 0 ~ 0:: o Z ~ o ~ '" '" ~o ,<> :::~ Z I :J . ~~ ",'" .. "'- 000 '" of on '" + o 564' 321' 586' CD 0 CD ROAD BORE SEE owe. P4-1 148TH lANE .!< ORIVEWAY '" ... 0 0> '" + ;1; + :! '" 63' 25' CD SEE owe. P7-1 &: P7-2 fOR TIE-IN OTl'S o ROAD BORE SEE owe. P4-2 PAUl ST. 8 + o ... '" + on ..-7702 - ElK RIVER BRANCH UNE I.~ OPIIIATIOIU ----- owe. O€D<D> ~ ~rus ~ ~ M ~ M SNll294 Northern Natural Gas Company Omoho Nebrcsko - .. .-' . ____.__ .__. ~____.....-:-_ ;-0' ~-'." . ..;..;~ :.;;" '~.,:.. ~." -:-.&-o ~. .. ..0 '\ ) . NI/2 ~.. .. SEC. 1. .' . . .. !. :- CITY OF ~ H .;;,:':~'" .rcMJlDt S<<.ZS " '@ @) ~ --. It v- $< ; ~~ 14 , ", - -....~-,'. - ';;"-.. -... 'C " , ~~....;:: - - '~~". '~ ~- -.. -~- "- ~- /II , 2 (11 ~ (z) //.; ...~ ~- .~-...' ..................................-.. .... . 148TH N.-.t ~ ~- I (I) , 'S /'1 -~,rh' - ~ I,) ., \ , I . , /i.J I ~. ;.@ 2ND I lANE w: · 101 ~ ADO ON {$/ , , 14 i, \ ~; .-;:.-.-, I,' II} , I , .I .-;' 8AR~ _ · If/ ROA~ T.' - ~ ~ . ..~ -.t1 \ I ," . ~~.'~- 1.\ ~ /#) " /.II " . ~~....,... ~ /#/ . , f1I " ~ '\ . 1Lt=.~~. , r V4erNt/lDf Sc,c.IS . SEIMCI:: ( GOlflff"( , ~. . - -~N ~.. .. . :.. , " .@ " . :::. '1 .. ;.'lI ~.:.. " ". .. ,'" ... .. \ J TrdCI No.: Ref. Tract: Line No.: W.O. No,: Line Name: Alll 877-1-69 MNB87702 SN8294 Elk River Branch Line i\IlJLTII'LE LINE RIGIITS RECEIPT Received of NORTHERN NATURAL GAS COMPANY, the sum of ONE HUNDRED EIGHTY TWO DOLLARS AND NOIIOO ($ 182.00 \ in full payment of the consideration due the undersigned for the right to lay, construct, maintain, operate, alter, repair, remove, change the size of, or replace an additional line of pipe, with appurtenant facilities, across the following described lands, to-wit: "That part of the NE 1/4 of the SW 1/4, Section 18, T32N, R24W described as follows: Commencing at a point distant 33.31 chains E and 7.44 chains N 2 Degrees 45 Minutes W from the SW corner of the NW 1/4 of the SW 1/4 of said Section 18; thence S 58 Degrees E 6.213 chains; thence N 47 Degrees E 2,96 chains; thence N 59-1/2 Degrees E 3.64 chains more or less to the E line of said NE 1/4 of the SW 1/4; thence S along said E line to the SE corner of said NE 1/4 of the SW 1/4; thence W on the S line of said NE 1/4 of the SW 1/4; thence W on the S line of said NE 1/4 of the SW 1/4 to a point 33.31 chains E of the SW corner of the NW 1/4 of the SW 1/4 of said Section 18; thence N 2 Degrees 45 Minutes W 7.44 chains to the actual place of commencement. Anoka County, Minnesota. in accordance with the provisions of a right-ot:way agreement dated 9/05/59 and recorded on 3/23160 as Document No, 208835 ,in the Office of the County Recorder for Anoka County. Minnesota. The undersigned hereby certify that they are the present Owner(s) of said lands and entitled to receivc said payment. \ ) Signed this _ day of .199'1. OWNERlS: CITY OF ANDOVER By: Title: Tax ID/S,S.N,: By: Title: Tax ID/SSN,: OBTAINIW BY: atvz.&..s/~i>t.~7 - Right-of-Way Agent for Northern Nat al Gas Company \ I " '---" Tl"oIcl No.: Ref Tract: Line No,: Woo. No,: Line Name: Alii 877-1-69 MNB87702 SN8294 Elk River Branch Line n:MP()I~Al~Y WOnK SPACE pF.nl\1IT KNOW AI.l. MEN IW THESE PRESENTS: That the undersigned. for SEVEN HUNDRED TWENTY EIGHT DOLLARS AND NOIIOO ($ 728.00) and other good and valuable consideration received docs hereby gl"'.lnl unto NORTHERN NATURAL GAS COMPANY, a Delaware corporation. its successors and assigns. hercinatter called "Grantee", lor a period of 12U days, an additional .SEE BELOW feet temporary working space adjacent and parallel to Grantee's existing right-of-way located 011 or beside eenain Imct(s) of lalld located in Anok. County, in the Slale of Minnesota. and legally described as follows: ~al DescrilJtiun of Property: 'That (l.rt of the NE 1/4 of the SW 1/4, Section 18, T32N, R24W de,cribed as follow", Commencin~ at . (loint dbt.nt JJ.J I chain, E and 7.44 chain, N 2 O<'ltrcc, 4S Minute> W from the SW corner of the NW 1/4 of the SW 1/4 of ,.id Section ISi thence S ~S Degrees E 6.213 chains; thence N 47 Degrees E 2,96 chains; thence N 59.1/2 Dl.-grccs E 3.6-1 chains more or Ie.. to the E line of ,.id NE 1/4 of the SW 1/4; thence S along ,.id E line to the SE corner of ,.id NE 1/4 of lhe SW 1/4; thence W on the S line or..id NE 1/4 of the SW 1/4; thence W on lhe S line of ,.id NE 1/4 of the SW 1/4 to. (loinl 33.31 ch.in, E of lhe SW corner of lhe NW 1/4 of the SW 1/4 of ,.id Section 18; thence N 2 Degree, 45 Minote, W 7044 chain, to the actual place of cummencement. on Easement Grant agrecmenl originally med on 9105/59, and recorded on 3/23/60. as Documenl No, 208835, in Book No, 475, al I'age No, 510, and later modified and amended on 211 InS, and recorded on4/17n5, as Document No, 425212, in the Office of the County Recorder for Anoka County, in the Slate of Minnc!juta. And in consideration thereof, the panies agree: I.) 2.) " '- ) 3.) That Gr;JnlCC \...ill \,;onslrucl ils pipeline in accunbm;c with the terms and within the existing easement dcscribcl.1 in the above rcfc:rcnccd righl-of-W3Y agreement. That Granlee. right to use the temporary working space shall begin on the first day of construction activities on the existing casement described in the above referenced right--of.way agreement and ex.tend for 120 days therefrom. That Grantee and the undersigned agree tl1<lt this Temporary Work Space Permi. can be extended aHer the 120 days stated. lor ConSl..'Culi\'c periods of 30 days each. nol to excced a Illaximum of olle )'C3t, upon Gr.mtec giving the undersigned a minimum of live (5) days advance notice before the end of the 120 day period and each consecutive)O day period therc;Jfier. ~.) That Grantee agrees to!XIY the undersigned the amount of S 182.00 for each consecutive 30 day period aficr the initial 120 day pcriud has elapsed. 5.) That Gr.mlee, its successors and assigns, will puy to the then o\'..-ners of said real estate and to any tenanl or lessee Ihereof, as their rcspt.>ctive interests may appear, an)' damage 10 fences, improvements, and growing crops which may be caused by the exercise of the rights hereby granted, 6.) Thai Gnlntee agrees to reslore the property 10 its original condilion as nearly as prdclicable upon completion of construction of the subject pipeline, The undersigned represenllhat the above described land is/is not renled for the period beginning JANUARY. IW9to DECEMBER. 1999, Execuled this day of ,1999, OWNER(S): CITY OF ANDOVER By: Tille: Dale: By: Tille: Date: ) ObI2!%'-Z2~4_ Right-of-W.y A~ellt for Northern N.tur' ., COml).ny 200' X 200' (As shown on map) 100' X IlX)' (As shoIVn on map) "'->"-JIVNNNNN NNNNNN ~ggggg~g: g:g:3~e~ ++++++++ ++++++ -"''''''''''''''''''' -8-~>1~ .....c........U'-"IV()II.. 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(JZJ (>I) o,'{IcJ 0'_- ~_ < .. ; :G.: I M CITY @ @ -~=..- --- ., 1 I ___ ---f TlUCT V 1 It} I 1 I 1 : ~l' I" .1 ,..-- I .../ \../8. & ( nu ('1 ,~ ,-' ! (IJ : '1'JLICT ... . I.. ~ III -.- II' I.; ') : I' Iii ..--.------..~,..'~a~~ ~ - ~II-...-....-n""'- ") @ @ @ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION : ) DATE: December 7.1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion ITEM NO. ILf. Planning Jeff Johnson Approve Special Use Permit (99-30) Area Identification Signs - Sunridge DH Land Company 13440 Jay Street NW ReQuest The City Council is asked to review and approve the Special Use Permit request ofDH Land Companies to erect two (2) area identification signs for the Sunridge Development located at 13440 Jay Street, legally described as Lot 5, Watt's Garden Acres. The signs will be located on both sides of Jay Street NW which is the main entrance to the subdivision. A sign {dimension of2' x 2.5' (5 square feet)} will be mounted onto each brick column. Please see attached drawings for details. , ) Plannin!! and Zonin!! Commission Recommendation The Planning and Zoning Commission at their November 23, 1999 meeting recommended approval of this request, unanimously. A resolution is attached for your review. \ ) , ) / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF DH LAND COMPANY TO ERECT TWO (2) AREA IDENTIFICATION SIGNS ON THE PROPERTY LOCATED AT 13440 JAY STREETNW, LEGALLY DESCRIBED AS LOT 5, WATT'S GARDEN ACRES. WHEREAS, DH Land Company has requested a Special Use Permit to erect two (2) area identification signs on the property located at 13440 Jay Street NW, legally described as Lot 5, Watt's Garden Acres. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 8.07; and WHEREAS, the Planning and Zoning Commission finds the request would not have a ) detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: I) The sign area for development is larger than five (5 a.) acres. 2) One (I) sign per development is allowed by Special Use Permit. Additional signs shall be reviewed by the Andover Review Committee (ARC) and the Planning Commission and approved by the City Council. 3) The maximum square footage ofthe sign is thirty-two (32 s.f.) square feet. , / , / '\ / Page two Area Identification Signs SUP 99-30 November 23,1999 4) The sign is located ten (10') feet from the property line. 5) The Special Use Permit will be subject to annual review by staff. 6) The applicant shall execute a written agreement with the city for the maintenance of the sign. 7) The applicant shall apply for and be granted a sign permit before the erection of the SIgn. Adopted by the City Council of the City of Andover on this 7th day of December, 1999. / ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J.E. McKelvey, Mayor ) CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: November 23. 1999 ITEM NO. 10 ORIGINATING DEPARTMENT SUP 99-30 Area Identification Sign Sunridge DH Land Company 13440 Jay Street NW Planning Megan Barnett Planning Intern Reauest '. ) The Planning and Zoning Commission is asked to review a Special Use Permit request by DH Land Company to allow for the placement of two (2) area identification signs for the Sunridge Development located at 13440 Jay Street NW, legally described as Lot 5 , Watt's Garden Acres. Annlicable Ordinances Ordinance No.8, Section 8.07, allows area identification signs on residential projects provided: I) The sign area for development is larger than five (5 a.) acres. 2) One (1) sign per development is allowed by Special Use Permit. Additional signs shall be reviewed by the Andover Review Committee (ARC) and the Planning Commission and approved by the City Council. 3) The maximum square footage of the sign is thirty-two (32 s.f.) square feet. 4) The sign is located ten (10') feet from the property line. J " / Page Two SUP 99-30 Area Identification Signs November 23,1999 ~(\\ ~\1 \\(LS mlll Ordinance No.8, Section 5.03 regulates the Special Use Permit process aae e~tlHlo~ ,. fuiL..Lo_"t~. ~ ~\l~\CltSLL I) The effect ofthe proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on the values of property and scenic views in the surrounding area. 4) The effect of the proposed use on the Comprehensive Plan. General Review . The applicant is requesting to erect two (2) permanent monument area identification signs / for the Sunridge Subdivision. . The area identification signs will be located on both sides cf Jay Street, the main entrance into the subdivision. . DH Land Company has not decided on an exact identification sign style at this time, however they are looking at a sigI1 ~i~ension of2' x 2.5' (5 square feet) mounted onto brick col~mns (~ee attachment). I-r yjJ 1 L~tu J( J ( . The apphcant Will also go throug}( the sign permit procl(gS~ ----' Commission Dvtions I. The Planning and Zoning Commission may recommend to the City Council approval of the Special Use Permit request to erect two (2) area identification signs on the property located at 13440 Jay Street NW, legally described as Lot 5, Watt's Garden Acres. The Commission finds the request meets the requirements of Ordinance No.8. 2. The Planning and Zoning Commission may recommend to the City Council denial of the Special Use Permit request to erect two (2) area identification signs on the property located at 13440 Jay Street NW, legally described as Lot 5, Watt's Garden Acres. , J ~ Page three ) SUP 99-30 Area Identification Signs November 23,1999 The Commission finds the request does not meet the requirements of Ordinance No.8. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. Recommendation Staff recommends approval of the proposal subject to the provisions of the attached resolution. Attachments J . Resolution . Sign Location . Sign Design · Notice of Public Hearing , . / , / El"NCHMARK TNH='W'2.31 I I I I .I I I - .. ~ _I_--L~_ .".- .;..,.~, n_ ",,' .~ ;. "'~y ~.it.; (Ii "~1'- :=. " - 'MONM"N1" ~.I TH V SIGNAC" :: I " '\ \ / / / / ._t~>.1 I r- ~: I ;:~ ~ : ~:i ~i ~ j I i .... '~-- >; I ptil ,-- 60,,)1:, -, 1 r-- ,S , <D / ~ - III M :.i 0 N M cO '" i:: M - III M - III ;;; u lJ) " 2 <{ <D ':": - III - - '" . . ~ '" - - - >- -' Q, uj ~ a rr z. :J l/l TO 3'.:."lt'd , ,/ " . , I I I I I , I I , F F -8]1 / ..I .. . _ . , , , , , ~ti~"t3: 1. '_ . n_ t,i__.. ~'.J I -J.., Ir.lIl83.:IKkl .:10 '=~ I':'J,:, '3~.'~I7.-l SiL -,:: 19 L~:GT ~~~T/8T!T! <: '" .., .n .,; ., , (> J .. ., - '0 .,. J. I. '0 Q ! :: I - i " I ~ i l/) , 1 , , . , ::; 0'( '!{ .n O. ~II l'l'j I- ..J II W CJ 9 a: z :) III , L[) ,____ ____-'-_ C\.J I i tt-- I i i I I I I IC\.J J- I , -1- I -r- ;::13 ~''dd I J I I ! ('Y) :: -~.._'---- ('Y) ._,,,, --_..:- ill --'..- N" --'--__'_u_~ --- ' ,-- --- ""----.. ..--./.._ I I --.0. ('Y) LO /lJIl~'33d3d ,:10 '=H:'I5 ,=,~..:t';-L~L-::: l';t I -_,___. ___L ' I I o ('Y) I i I i I I _____,_u Lr:;::1 66&1/81/11 il....1:::. ...j~~ ~.:.: ~ 5UNRIDGE.PL. r 11/18/99 11:54 J? .,,',, ..; .>"l ,~ 1,3.61 l"'""1-1(,Jl:. tJ.j H; 25.050 L: 27,050 , / '. / /hu,- TI lJ, 'I J 1685 CROSSTOWN BOULEVARO N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT Property Address S6Ld-J,tUr>s7!6,rA/t'r ~F ~o.-nfr1f"/{'/A/ 2l"vd. 4#-.!>:::J;1t/JlLffel I CITY of ANDOVER Is the property: information must County. ) ----------------------------------------------------------------- Legal Description of Property: (Fill in whichever is appropriate): \\ J/_ Lot Fife (~) Block Addi tion Wa Ifs uarden A'(',r~a('cordb9" ;0 (-J;e. l'Yfa;o C:Jr Pfq.f- -/here of' 0/7, h/e a"d cJ-j; ,r-eco/d //; r4e Yrte oN -lite ,4!.e9i...)"fra,r o,c I l-r/~s 01 CUld. ..por ,€1N'O~<<- LOU/1f-r J /UI,,/JeSOTtL. PIN 3</322</ '13 0001 (If metes and bounds, attach the complete legal description.) Abstract or Torrens ~ (This be provided and can be obtain~~~ the Reason for Request t)/f' pi da n r' p rt'?/ .. ~ /9' 1/fl1Cl/1co--reJ- .. ~. , / Current zoning *'-sI,l to - 2.. Section of Ordinance ----------------------------------------------------------------- Name of Applicant ])H W/Jd ~fft,rn/1r/ ~r Address /-?7c'() GI'?/c1/?/1 /'od Sr/'f'p;t: AlW /!/DO r/er- /lI/f/. S-S-30cl Home Phone (P!Z 3ZB SCfOq Business Phone 612 --5&9 BOG:{ Signature Date ----------------------------------------------------------------- Property Owner (Fee Owner) :VII LL:l/Jd (o~dJa/7'f-I#'c (If different from above) Signature Z2 '/ W- Phone fC/23ZB8cxbQ Date /~~~1" Address \ , / ---------------------------------------- 'I I SPECIAL USE PERl'\1IT PAGE 2 The following information shall be submitted prior to review by the City of Andover: I. A scaled drawing of the property and structures affected showing: scale and North arrow; dimension of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property o\Wers within 350 feet of the subject property . Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property Torrens property Mailing labels $200.00 $150.01\ ~ $100.00 \, I C; 0 $25.00/ $40.0'(/ $25.00 Date Paid ~ / Rev. 5-06-93:d'A 5-04-94:bh 2-01-95:bh 3-22-95:bh 9-30-96:bh 1-07-97:bh 6-03-98:bh Res. 179-91 (11-05-91) Receipt # CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. \ / 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. :supapp Ordinance No.8, Section 5.03 Special (Conditional) Uses General Statement (A) Special Use Permits may be granted or denied in any district by action of the City Council. The Andover City Clerk shall maintain a record of all Special Use Permits issued including information on the use, location, conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate. A copy of the Special Use Permit shall also be filed with the Building Inspector. Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the Special Use Permit shall require an amended Special Use Permit and all procedures shall apply as if a new permit were being issued. ; All uses existing at the time of adoption of this Ordinance and automatically granted a Special Use Permit, shall be . considered as having a Special Use Permit which contains . conditions which permits the land use and structures as they existed on said date and any enlargements, structural alteration, or intensification of use shall require an amended Special Use Permit as provided for above. Certain uses, while generally not suitable in a particular zoning district, may, under some circumstances. be suitable. When such circumstances exist, a Special Use Permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall be granted for that particular use and not for a particular person or firm. The cancellation of a Special Use Permit shall be considered administratively equivalent to a rezoning and the same requirements and procedures shall apply. (B) Criteria For Granting Special Use Permits: In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning Commission and: the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. \ / If it shall determine by Resolution that the proposed use: will not be detrimental to the health, safety, morals, or general welfare of the community Page 42 Ordinance No.8, Section nor will cause serious traffic congestion nor hazards, 'I nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this Ordinance and the Comprehensive Plan, the City Council may grant such permits. (1) In-home beauty salons/barber shops shall be subject to the following: a. One (1) chair salon/barber only b. The hours of operation shall be approved by the City Council. c. Parking requirements shall be as set out in Ordinance No.8, Section 8.08. d. The salon/shop must comply with the State Cosmetology Board and the State Barbers Board requirements. , j e. In non-sewered areas, the septic system must be in compliance with Ordinance No. 37, the On-Site Septic System Ordinance. A beauty shop/barber shop shall be considered the equivalent to one (1) bedroom in terms of usage under Ordinance No. 37. f. The Special Use Permit shall be subject to an annual review. g. The beauty shop/barber shop shall be owner occupied. h. Upon sale of the premises for which the Special Use Permit is granted, such Permit shall terminate. \ ) i. Drawings detailing the salon/shop shall be submitted at the time of the request for the Special Use Permit. j. In non-sewered areas, a minimum of 39,000 square feet of lot size shall be required. k. In non-sewered areas, the septic system shall be inspected annually before the Special Use Permit is reviewed. (8Q, 5-4-82) (2) Retail SholPing in Industrial Districts shall be subject to the ollowing: . a. The Special Use Permit shall be subject to an annual review. b. Detailed drawings of the building to be used or converted shall be submitted. Page 43 Ordinance No.8, Section \ c. The use that the Retail Shopping is to be put shall be stated. d. parking requirements shall be as set out in Ordinance No.8, Section 8.08. e. A general inventory shall be provided along with other items determined necessary by the City Council. (8R, 7-6-82; 8YY, 11-03-88)) (C) Procedure: (1) The person applying for a Special Use Permit shall fill out and submit to the Clerk a "Request for Special Use Permit form" together with a fee as set by City Council resolution. An additional fee as set by Council Resolution may be required for each meeting in excess of two (2), which is necessary because of incomplete information or changes in the petition. ; (2) The Clerk shall refer the application to the Planning Commission. Property owners and occupants within three hundred fifty (350') feet of the property in question shall be notified at least ten (10) days prior to the Planning Commission meeting, although failure of any property owners or occupants to receive such notification shall not invalidate the proceedings. Notification shall be by mail. The petitioner shall be required to submit a list of the property owners and occupants within three hundred fifty (350') feet as part of the petition. (8A, 2-14-75; 8FFF, 12-06-88) (3) The Planning Commission shall consider the petition at its next regular meeting, but not earlier than seven (7) days from date of submission to the Planning Commission. (4) The petitioner or his representative shall appear before the Planning Commission in order to answer questions concerning the proposed Special Use Permit. , (5) The report of the Planning Commission shall be placed on the agenda of the City Council in the following manner: a. Recommendations from the Planning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council no later than their first Tuesday meeting of the following month. b. Recommendations from the 'Planning Commission meeting held on the fourth Tuesday shall be placed on the agenda of the City Council n~ later than their third Tuesday meeting of the following month, unless there are five (5) Tuesdays in the given month from which the recommendation of the Planning Commission is made, in which case the recommendation shall be placed on the agenda of the City Council no later than their first Tuesday meeting of the following month. (8FFF, 12-06-88) Page 44 Ordinance No.8, Section , I / (6) The City Council must take action on the application within sixty (60) days after receiving the report of the Planning Commission. If it grants the Special Use Permit, the City Council may impose conditions (including time limits) it considers necessary to protect the public health, safety and welfare, and such conditions may include a time limit for the use to exist or operate. (7) An Amended Special Use Permit application shall be administered in a manner similar to that required for a new special use permit except that the fee shall be as set by City Council resolution. Amended Special Use permits shall include re-applications for permits that have been denied, requests for changes in conditions, and as otherwise described in this Ordinance. (8) No application for a Special Use Permit shall be resubmitted for a period of one (1) year from the date of said order of denial. "- .I (9) When a Special Use Permit may be of general interest to the Community or more than the adjoining owners, the Planning Commission may hold a public hearing and the Special Use Permit shall be reviewed with notice of said hearing published at least ten (10) days prior to the hearing. (D) Special Use Permit Sunset Clause If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Special Use Permit, the permit will be null and void. (8LLL, 4-17-90) 5.04 Variances and Appeals Where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of this Ordinance, an appeal may be made and a variance granted. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. The procedure for granting variances is as follows: (A) A person desiring a variance shall fill out and submit to the City Clerk a "Request for Variance form" together with a fee as set by City Council resolution if the variance request involves single-family residential. All other requests shall have a fee as set by City Council Resolution. (8DD, 2-18-86) . "- ..J (B) The application shall be referred to the Planning Commission which shall submit a report to be placed on the agenda of the City Council in the following manner: (1) Recommendations from the Planning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council no later than their first Tuesday meeting of the following month. Page 45 -' -~ > :<:::~:};~~';:f)~~~~. . .~. \ ) CITY of ANDOVER CITY OF ANDOVER . . ,. .:; . . ", . _. si~=~~~A '.>.'. :' ';'.'~.~..:':..~.-,i{~~~,~?~if%~!'> :..,;......;'::-~.~~. c':. '., .... .. '., .... ....: :-:'_~,~~.~.':."-. . : "5:'-': /:':, '':.'::,~'"''~:ffr\:;'~~~:;'''''>.',>>;:'~iY$~''''''' ;:~.~.".:'/.."':/..",.':.j,.- -,.- "."'..' '..- 'NOn' "CE" ..~.P'...TriLI.. C"'Hj,:ARi:NG""':.:;s,~,;;",:,".,.~,..c-:;s.-:;!?':-'----i-~~Yt ' .. . "" .0 UJ:" U.D. ' , .'., -' , ".. '-';: ~":' ":, ~~~:;""0:':'< _ ..04...:. . . . '. ",.C..., . .~e Pla~.,~~~~ ~~ ~~g c.o~s~l~~!'f~(:;qtY"~fM~~Y~;.~' ~~!4PJ1~ji~J~~ftJ:j~f;~9J.c . at 7:00 p.m., or as soon thereafter as can be heard; on TueSday.-'Novembei 23,'199~,a~ tlier:;1.;."{.~'-;:;>.\~:: :'Aridover City Hall, 16.85 CrosstoWn Bowevard NW~AiIcioy~~~esOta ~?.ci9Bs~der.:tl1.~:]~t~-it1~;:09t;~ ~:~.:~:..:~:;;~~~:~4~J~~S~.~~t~~lj~~J' 2. Rezoning property from R-4, Single Family Urb~ to M-2, Multiple Dwellfug, . . "';:'?T':- ';--. '-. ':~ '. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA. 553,04 ~. (612) .75~5100. . . . - . . '.' ~'. ....'..... 3. Special Use Permit for a Planned Unit Development consisting of34 townhomes and one single family residential lot. . ) 4. Preliminary Plat of "Sunridge", 5. Special Use Permit for two area identification signs for "Suruidge". The property is generally located south of Commercial Boulevard NW and west of Jay Street NW, and is legally described as follows: Lot 5, Watt's Garden Acres, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Arioka County, Minnesota. Subject to the reservations of the State of Minnesota, in trust for the taxing districts concerned, of all . materials and mineral rights therein, as provided by law. All written and verbal comments will be received at that time and location, A copy of the application and location will be available at the Andover City Hall for review prior to . meeting. ~ Publication dates: November 12, 1999 & November 19, 1999 / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , / DATE: December 7. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson, 11 Engineering 'flL ITEM NO. Accept Petition/Order Feasibility Report! \ ~-36/sunridge The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain, street and storm sewer for Project 99-36, in the Sunridge area. , J '- . I \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER ,PROJECT NO. _ 99-36, IN THE SUNRIDGE AREA. WHEREAS, the City Council has received a petition, dated November 30, 1999, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: I 1. The petition is hereby declared to be 100% of owners of property affected, thereby , making the petition unanimous. 2. Escrow amount for feasibility report is $1.000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. , . MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 7th day of December, 19 99, with Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor '\ J Victoria Volk - City Clerk '\ ./ DH LAND COMPANY, INC. City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RE: PROPOSED SUNRIDGE SUBDIVISION Dear City Engineer, DH LAND COMPANY, INC. does hereby petition for improvements by the construction of water main, sanitary sewer, stonn sewer and streets with curb and gutter with the costs of the improvement to be assessed against the benefiting property which is described as: SUNRIDGE / Said petition is unanimous and the public hearing mat be waived. We reguest that a feasibility report be prepared as soon as possible. We have enclosed a check for $1000.00 for the feasibility report expenses. S.incerelY, ' I/~ "'. ./ // /~~~~~ l-/ " I RECEIVED NOV 1 0 1999 CITY OF ANDOVER .. 99-5~ , . ; 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards, a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. b. No building shall be located nearer than its building height to the rear and side property lines. 3. Landscaping, Surfacing and Screening. a. All areas disturbed on the site other than that covered by structures or hard surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. . ~ / b. The entire site other than that taken up by structures or landscaping shall be surfaced in accordance with the standards on file in the office of the City Engineer. ( t ~:. c. Developments abutting a residential district shall be screened and landscaped in compliance with .the Zoning Ordinance and other applicable regulations. 16. Sign Requirements. Signs shall be regulated and conform to the. standards set out in Ordinance No.8, Section 8.07. All signs shall be shown on the Final Plan. 17. Special Protection Districts. Planned Unit Developments involving land within the Flood Plain, Shoreland Management or Scenic River Districts shall be subject to the provisions of those ordinances regulating said districts. . j Section 5. Application. Review and Administration. The general sequence for application, review and action on a POO shall be the same as platting a property as specified in Ordinance No. 10, the Platting and Subdividing Ordinance. A Special Use Permit shall be required. Application for the Special Use Permit shall be 8 made as specified in Ordinance No.8, Section 5.03 and shall be made in conjunction with the filing of the Preliminary Plat Application. Section 6. Violation and Penalty. 1. Misdemeanor. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty ofa misdemeanor, and upon conviction thereof shall be punished as defined by State Law. 2. Other Remedies. In addition to the penalties imposed by this ordinance, the City may exercise, with or separately from such penalties, all and any other legal and equitable remedies then available to the City by this ordinance, or by statute, or by other ordinances of the City, or by applicable rules and regulations, to enforce this ordinance, including, without limitation, injunction. Section 7. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. \ , / Passed by the City Council of the City of Andover this 4th day of June , 1996. ArrEST CITY OF ANDOVER /1/i ~ ..1 .~ J...:. y ,'t. v. ///c....-f)~ '"." . 1.-" I ".' J.E. McKelvey, Mayor Ii ~ '.. ., /1 . / . .. /- '-.u.- o.<..v-'" L I~A:.../' Victoria Volk, City Clerk " J 9 Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 8 r ~ "f T . I i- Chair Squires stated at this time, the Commission would consider Item 8. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-29) PLANNED UNIT DEVELOPMENT - SUNRIDGE - DH LAND COMPANY -13440 JAY STREET NW. Mr. Carlberg introduced Kevin Stanton and Doug Stanton of DH Land Company, the developers of the project, and Stephen Johnston from Landform Engineering, who is the Engineer and designer of the project. He requested the proposal be presented to provide an understanding of the project, prior to the Comprehensive Plan Amendment and the Rezoning. Stephen Johnston of Landform Engineering Company stated the project consists of thirty-four (34) two-unit townhome buildings, and one single family detached home, which is the existing home on the property. He indicated the project is essentially the same as was originally presented, however, a few changes have occurred since that time. He explained that with the original application this development was an allowed use in the R-4 Zoning District, with a conditional use permit. He stated the City Council has since changed this, and removed this use from that zoning category, therefore, they are requesting to rezone the property to M-2, which requires the rezoning and the Comprehensive Plan Amendment. \ Mr. Johnston indicated the Planned Unit Development was being requested as this process provides an easier means to deal with some of the variances involved in the M-2 ordinance. He explained that the M-2 Zoning District indicates some setback and lot size requirements that are more in keeping with larger scale buildings than those being proposed. He noted there are larger front yard and sideyard setback requirements, than those in the R-4 district for single family use, which is comparable to the proposed use. Mr. Johnston stated one of the critical elements of this plan is that a Homeowners Association will control this project. He explained that the Association would have control over the common elements of the project, including the use of the lots, the conduct of the occupants, and anything that might jeopardize the health, safety and welfare of the other occupants, including noise, disturbing activity, and damage to the common elements. Mr. Johnston indicated the Homeowners Association also prohibits some animals from the area, and regulates changes in the appearance of the common elements, and the exterior appearance of common interest community including balconies, patios, window treatments, signs, displays, and landscaping. He stated the Association is self-governed and membership in the Association is mandatory. The Association also provides, through a professional management company, lawn service, snow removal, irrigation, maintenance, sanitation and any required exterior maintenance, . "- '- / Mr. Johnston stated that in order to remain viable, the Association collects funds from all of the residents, and uses those funds to provide for the maintenance and upkeep of the area. He explained Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 9 nD ^ FT l...-;i ~ \. .r-\ ) that the residents of this project would pay a monthly fee of approximately $98 dollars, to cover those expenses. Mr. Johnston stated there are three groups of people that typically reside in this type of development. One group consists of young professionals, who are on the go, have limited free time, and do not generally enjoy home maintenance or being around the home. He explained these residents desire a nice home, however they do not share the same interests as those who reside in single family homes. Mr. Johnston stated another group of residents are the "empty nesters," who do not require the larger home, and do not wish to spend their free time on home maintenance. He explained that these residents also like the idea that they can update their home with modern amenities. Mr. Johnston stated the third group that purchases into these projects are the senior citizens, who are unable to maintain a large home anymore. He indicated that many of these people often have dual homes, and like the idea that their property will be maintained in their absence. He stated all three of these groups have above average incomes, and are able to support community businesses. He added that these people are an asset to the community. Mr. Johnson stated that one of the buzz words often heard is that townhomes provide "life-cycle" / \ housing, which is a home for people who are starting out, and also a place where they can move ./ when they no longer require a larger detached single family residence. Mr. Johnston stated they chose this site for these types of units. He explained that the major roadway to the north of the site will over time, produce more traffic, as will the redevelopment area, and this higher traffic volume is better tolerated by townhome residents than detached housing residents. He explained that the reason for this is that the groups described tend to be more focused upon activities either away from, or inside of their home. He commented they desire a well kept exterior, however, do not generally utilize the outdoor area for recreational purposes. He added that the commercial area is better tolerated for the same reasons. Mr. Johnston stated that one of the benefits of this type of development to the City and its residents is the diversification of housing types. He pointed out there is not a significant amount of this type of housing in Andover, although there is in other communities in the Metropolitan area. He explained that this development will provide life-cycle housing and options for some of the residents who would otherwise have no opportunities for housing in the City. Mr. Johnston stated this project will provide an improved image at the front door of the City's commercial area. He commented that the detached housing typically provides limited landscaping, and certainly no continuity between the homes. He provided the Commission with pictures that indicated what occurs when each resident along an open roadway decides independently how they will address the privacy factor, whether it be with landscaping or fencing, etc. " , I Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 10 D~) 1\ FT . ; .~ r-'l 1 j Mr. Johnston stated the backyards of the proposed project are all screened in a uniform manner with berming and vegetation, and the Homeowners Association will maintain the area. He indicated that they will provide $3,500 for the landscaping of the units, which will be professionally designed, maintained, and installed. He added that irrigation will be installed on all green spaces on the project to maintain the landscaping in top condition. Mr. Johnston stated the restrictions on outdoor storage, kennels and parked vehicles, as well as regular maintenance by the Homeowners Association, will maintain the appearance of the back areas of the residences. Mr. Johnston indicated that the final benefit the developer has identified for the City is decreased traffic generation. He stated the Institute of Transportation Engineers' Trip Generation Report demonstrates that there are approximately 5.8 trips per day on average, for two bedroom town homes, whereas there are an average of 10.9 trips per day, for single family detached homes. He explained that although this development has a higher density than a single family R-4 subdivision, it would generate less traffic and less impact to the streets and other residents in the neighborhood. Mr. Johnston advised that the project will connect into the existing street system at the same three locations that the previously proposed and approved project utilized. He indicated the previous \ single family project proposed twenty-seven (27) homes, each a separate building. He pointed out / the current proposal includes seventeen (17) buildings, plus the existing single family home, therefore, there will be eighteen (18) buildings on the site, as opposed to the original plan for twenty- seven (27). Mr. Johnston stated nine homes will be constructed in the area where the property backs up to the existing residential area. He indicated that eleven (11) homes are proposed, however, those are consolidated into a total of six buildings, therefore there are fewer buildings adjacent to the residences than there would be with the single-family units. He indicated there are two buildings comprised of two units located on the corner of the site, and around the perimeter there will be fifteen (15) homes. He explained that while they will increase the density over that of the previously approved single family project, they are decreasing traffic and the number of units, while greatly increasing the attractiveness and screening of the project. Mr. Johnston provided the Commission with the landscape plan for the development. He stated they were proposing a significant amount of landscaping along Commercial Boulevard. He indicated that since the landscape drawing was prepared, some of the landscaping along the back area of the development has been removed to provide maintenance to the stotmsewer system, however they have attempted to pull some of that back towards the units to provide a landscape buffer. He explained that each of the homes will have landscaping between them to provide privacy, and there will be ample landscaping in the front yard areas as well. The landscaping will be installed with the homes, and the units will be sodded, with irrigation to provide for maintenance. . ., .j Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page II f"\ ~.'. ,.;l\, f" ~k" ~ 'i'(~ ;'.. ! " ~I ~ 'i, ,r--'"';.. .;a ;,; "- / Mr. Johnston stated from an engineering standpoint, the infrastructure has been partially installed on 135'h Avenue, and the sanitary sewer lines were installed under previous projects. He stated there would be a very small construction project extending sewer and water down 135'h Avenue, and then the paving of the streets. He advised that the storm sewer is directed to the west, first to a treatment facility, and then to the wetland ponding area west of the site. Mr. Johnston stated with regard to the Planned Unit Development, they will have to meet the challenge of defining this project as a Planned Unit Development, and whether or not they are providing Planned Unit Development attributes. He indicated a Planned Unit Development should encourage innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety and type design, siting of structures by conservation, and more efficient use of the land in such developments. He noted the fact that all three typical groups of residents of these types of homes generally have above-average incomes and the ability to support the community businesses. Mr. Johnston stated that average price of these homes is expected to be approximately $200,000 per side, therefore, each of the units will have a value of approximately $400,000. He pointed out that in order to justify that price, the individuals purchasing the homes would have to have a fair amount of income. He noted these are not entry level or rental units. He explained that at this amount of value, \ the owners would have to obtain rents of approximately $2,000 per month, which makes it very , / unlikely that many of these homes would turn into rental units. Mr. Johnston indicated the Planned Unit Development requires higher standards of site and building design through the use of trained and experienced land planners, architects, and landscaping architects. He advised that Landform Engineering Company develops a number of these projects every year, and their firm has prepared the proposed plan based upon this experience. He reiterated that the landscaping has been professionally designed and will be professionally installed, which will be of benefit to the residents around the site, as well as all residents of the City Mr. Johnston stated that through this proposal, there is more convenience in location and design of development and service facilities. He explained that this type of density located directly adjacent to a commercial area makes sense from a siting standpoint, and provides a good buffer to the detached homes, and also provides services to the residents of the development. Mr. Johnston stated they were required to demonstrate the preservation and enhancement of desirable site characteristics such as natural topography, geologic features and the prevention of soil erosions. He noted the landscaping plans, and indicated they will be saving as many of the trees as they can around the perimeter of the site, however, they will certainly not be able to save all of the trees. He explained that many of the trees that can be moved will be relocated prior to earthwork. He pointed out that only one developer will perform the work on the site, and therefore, will assume sole responsibility for protecting the site, in terms of soil erosion. , " l Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 12 no ^ FT r-...J ;. ),. ri. . II ~ / Mr. Johnston stated they are required to demonstrate a development pattern and harmony with the Andover Comprehensive Plan. He explained that the Comprehensive Plan specifically states the Planned Unit Development is not intended as a means to vary applicable Planning and Zoning principles. He stated this project reflects the accepted planning principle of transitional zoning from low density residential to commercial property. He explained the Planned Unit Development is used to blend the proposed project into the Zoning District, which is typically designed for larger multiple buildings. He indicated they have been forced by the change in the Zoning Ordinance to rezone to M-2, and when they attempt to apply the standards of M-2 to this type of project, it is not a very good match. He explained that through the Planned Unit Development, they can address some of those issues, and stilI provide a good project, while meeting the needs of the developer and the community. Mr. Johnston stated he hoped the Commission would look upon this project favorably. He stated they were hoping to forward this item to the City Council with a recommendation of approval that date, so that they could proceed with construction of the project next year. Commissioner Jovanovich inquired if the developer had constructed any of these projects in any other cities. Mr. Johnston stated his firm likely constructs six of these types ofprojects per year. " Commissioner Jovanovich inquired if the purchase price of $200,000 was intended per unit, or per building. Mr. Johnston stated this was $200,000 per unit, and approximately $400,000 per building. Commissioner Dalien inquired if the original proposal required any variances to the current City ordinances. Mr. Johnston stated the original proposal required two variances. One pertained to lot width, and that was to avoid an existing sanitary sewer and water main as they were crossing the site. He stated by relocating those utilities, they could eliminate that variance, however, staff recommended that the variance was better than relocating the utilities. He stated the second variance was for lot depth adjacent to Commercial Boulevard. He explained that the site is not deep enough to obtain a full right-of-way and meet the setbacks under the R-4 zoning requirements. He stated they were five feet short of meeting that requirement. He indicated they otherwise met all of the lot size, density, and lot width requirements, and these were the only two variances requested. Commissioner Dalien inquired if the developer had planned to construct all of the homes themselves in the original proposal. Mr. Johnston stated this was correct. Commissioner Dalien inquired what the proposed price range for those home would have been. Mr. Johnston stated they would have been within the same price range. He added that the City currently has rules regarding similar home styles within 300 feet of each other. He stated by nature, townhome communities are almost singular in design. He explained there is some variation in the design, however, for general aesthetics, sales, and maintenance purposes, the design tends to remain .. , / Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 13 DRAFT ~ ~ consistent throughout the project. He stated this was also an element of the Planned Unit Development that will be examined with the process that would have also required a variance with the original project. Commissioner Hedin inquired what effect the increased run off into the wetlands would have, with the new density of the project. Mr. Johnston stated he had not calculated the exact change in impervious surface. He indicated they were required to match rates, and the total volume of this project versus the volume of the original project would not represent a very significant change. He explained there would be fewer buildings, and two-car garages, instead of a number of three-car garages, so the overall building footprint is very similar to that of the original project. He advised there will be an increase in the volume of runoff to the wetland, however, he did not think it would be any more significant than that of a single-family project. Mr. Carlberg stated the Commission was currently considering Item 8, the Planned Unit Development. He explained the intention of considering this item at this time was to allow the developer to present the project so the public is aware of what they should comment upon. Commissioner Apel stated there would be no point in acting upon this item if one of the previous items were not approved. '\ ; Mr. Carlberg suggested the Commission table this item, and take up consideration of Item 6, the Comprehensive Plan Amendment, at this time. Commissioner Dalien inquired if it would be appropriate to allow the residents to provide their input at this time, as the concept has just been presented. Mr. Carlberg indicated it would be appropriate to hold the public hearing on the Planned Unit Development, and take the testimony of the public at this time. Chair Squires noted that with five additional public hearings on the project, there would be ample time for additional input at a later point. Motion by Falk, seconded by Jovanovich to open the public hearing at 8:00 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Gene Strande, 1993 134th Lane stated his house is located in the corner of the site, next to the pond. He inquired how far the proposed buildings would be from the lot lines, and how large they would be in terms of square footage, He stated one of the reasons he purchased his home was because of the trees and natural area behind his property. He stated this area was very nice and he hoped that they could maintain some of the continuity that exists there. He added that whoever purchases the property would probably like to see it remain as is, as well. ~ / Regular Andover Planning and Zoning Commission Meeting Minutes -November 23,1999 Page 14 np l\ f:T ~ ~ . ~~ ~ ~ \ Mr. Strande noted the comment regarding a separation between each unit, and inquired if this would be apply to the units adjoining the existing single family homes. Mr. Johnston stated the proposed units are anticipated to be 1,400 square feet per side. He stated they would have a two-car garage, and two and three-bedroom units would be available. He eXplained that the setbacks in the R-4 district are ten feet, and in the M-2 district they are thirty (30) feet. He advised there are a few lots that would require a ten-foot setback, and the majority of these are drawn at slightly over fifteen (15) feet. Mr. Johnston stated there will be landscaping between the units to provide separation which will extend out into the street. He explained the original plan indicates landscaping across the south end of the site, which was required by the City to be removed for maintenance of the existing storm sewer lines. He stated they will attempt to do their best to provide landscaping in this area, however, there is a twenty-foot (20') strip of land that is not available to them at this time. Chair Squires inquired if a fence would be constructed along the south property line. Mr. Johnston stated there is currently no fence proposed. He indicated they could consider a fence, however, they would prefer to provide the screening in this area via landscaping materials. " ,/ Mr. Johnston stated the trees are located across Lots 21 and 22. He indicated they were proposing to keep a portion of the trees in the corner, however, they are unable to keep all of the trees due to the grading. He added that there is no practical way to develop the project and save all of the trees. Commissioner Hedin inquired if the developer could provide pictures to indicate the anticipated appearance of this project in the next five years. Mr. Johnston stated his firm develops a number of multi-family dwellings and attached projects, however, this townl:lOme was designed specifically for this project, therefore, and they did not have any projects that were similar in appearance. Commissioner Jovanovich inquired if the developer has constructed any of the projects located in the city of Coon Rapids. Mr. Johnston stated this was the first townhome project they have proposed. Commissioner Jovanovich noted they look very much similar to those developments located off of Round Lake and Northdale Boulevards. Mr. Johnston indicated the project would be similar to the developments located on Hanson Boulevard and Highway 242, although many of those buildings are linked together by more than two units per structure. Motion by Dalien, seconded by Daninger to continue the public hearing and table this item until consideration of Items 6 and 7. Motion carried on a 7-ayes, O-nays, O-absent vote. '\ Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 17 DP'':\ .~ FT ~ r1; " .Iii . .' 1 \ .1'.....~, ~ " ) Chair Squires stated this appeared to be an appropriate use for this piece of property. He stated he has always personally believed that multiple family housing is a good transition between commercial and single family residential, and this is a good example of where that transition is appropriate. He added that the developer has demonstrated how the proposal is also compatible with the existing single family residential uses to the south, and does not present a greater detriment to them than even a single family use might. Motion by Dalien, seconded by Hedin, to recommend to the City Council approval of the Rezoning from R-4, Single Family Urban, to M-2, Multiple Dwelling, and adoption of Ordinance No. 8_, and ordinance amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover, Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated these items would be considered at the December 7, 1999 City Council Meeting. +--- ~At this time, the Commission continued consideration ofItem 8, Planned Unit Devel~pment. ~ Chair Squires asked if anyone would care to comment on this item. F' There was no further public input. j Motion by Hedin, seconded by Jovanovich, to close the public hearing at 8:20 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Apel stated this area was a good use for the Planned Unit Development option. He indicated it was unlikely the area could be developed in good form without some concessions, and the developer has shown his efforts are worthwhile. Mr. Carlberg advised that with this item, the development standards, or variances, are a part of the Planned Unit Development. He indicated that the proposed development standards pertained to the R-4 Zoning District, therefore, when the Commission recommends approval of the Planned Unit Development, they are also recommending those standards be utilized, rather than listing each variance. Commissioner Hedin inquired regarding staffs recommendation. Mr. Carlberg stated there is no recommendation from staff on this item. He indicated that staff simply presents the facts to the Commission, and the Commissioners can determine if the proposal meets those requirements. " / Commissioner Jovanovich stated she was familiar with a similar development off of Round Lake Boulevard, as well as the townhomes located behind the Sears building, and knew people who Regular Andover Planning and Zoning Commission }yfeeting Minutes - November 23. 1999 ) Page 18 DRi~\FT resided in both of these developments. She stated the City of Andover has a need for these types of developments, and this appears to be a good project. lv/olion by Hedin, seconded by Jovanovich, to recommend to the City Council approval of the Special Use Permit request for the Planned Unit Development for Sunridge located at 13440 Jay Street NW. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated this item would be considered at the December 7, 1999 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT - SUNRIDGE - DH LAND COMPANY - 34 TWIN HOMES, ONE EXISTING SINGLE-FAMILY HOME -13440 JAY STREET NW. , . Carlberg stated the Commission is familiar with this development. He pointed out t the City is 1 king for a twenty-foot (20') trail easement on the eastern side of Lot 1, at the cation of Jay Street d 135th Avenue. He stated there would be a ten-foot (10') wide bitumi s trail system in that area, d staff has indicated this should be provided as part of thedevel ment. He noted the theater was ocated in this area, as well as a banquet facility, an offi warehouse, and some proposed resta ants. He stated the City would like to insure that pede . ans in this residential area have means to co ect with a sidewalk and trail system in the co cial area to the north. larification of the location of the pro .. " ) Mr. Carlberg referred to the s e plan, and stated the ea ent would be located along east side of lot 1, right from the street to the no along Commerc' Boulevard. He indicated as the area develops there will be a network of side ks and trai systems that people can tie into, to access the commercial development. be constructed along the south side of Commercial Chair Squires inquired if a walkway Boulevard, through the site. Mr. Carlberg advised the City III probably be re-co structing Commercial Boulevard in the future, and installing a sidewalk trail system. He indicate'cNhat a sidewalk is currently planned along. Jay Street to provide ac ss to the theater property. He ~R!ained there were plans for some trial systems along Comm cial Boulevard, however, this would be'! e City's project, and not part of the current developme proposal. '\ Chair Squire mquired if the developer should be required to provide a w sy along the south side of Comm cial Boulevard. Mr. arlberg explained that this area is all City right-of-way, and any project in ~ea would be t City', undertaking. ~ "-, , ./ \ , / CITY OF ANDOVER REQUEST FOR CITY COUNCIL ACTION DATE: December 7,1999 AGENDA SECTION Discussion AGENDA ITEM Preliminary Plat Sunridge 13. D.H. Land Company ORIGINATING DEPARTMENT Andover Review Committee The City Council is requested by D. H. Land Company to review and approve the preliminary plat for the Planned Unit Development (PUD) of "Sunridge" located in Section 34, Township 32, Range 24, Anoka County, Minnesota. General Comments J . The proposed preliminary plat is currently zoned R-4, Single Family Urban. Rezoning of the property to M-2, Multiple Family is necessary. . The proposed plat is currently within the Metropolitan Urban Service Area (MUSA) and will be developed with municipal water and sewer. . The proposed subdivision is to be developed as a Planned Unit Development (PUD) and consists of 34 townhome units and one single family residential urban lot. . The developer and/or owner is responsible to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Coon Creek Watershed District, LGU, MPCA and any other agency which may be interested in the site.), Comments bv the Andover Review Committee 1. The variances or development standards for the development shall also be approved with the Special Use Permit for the PUD. These standards are listed in the letter from Steve Johnston, Landform Engineering dated November 3, 1999 and listed on the preliminary plat. 2. A 20' trail easement with a 10' bituminous trail shall be provided on the east side of Lot 1, Block 1. , ./ ~ J 3. There may be minor housekeeping items or changes needed on the plat presented to the Council. Planning and Zoning Commission Recommendation The Commission reviewed the preliminary plat and held a public hearing on November 23, 1999 meeting. The Commission is recommending the approval of the plat with the conditions as indicated on the attached resolution. Park and Recreation Commission Recommendation The Commission will be reviewing the preliminary plat at their December 2, 1999 meeting. The Commission is recommending cash in lieu of land in addition to the required trail fee. 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is "SilllTidge". d. Scale is 1" = 50' ., g. The preliminary plat and the grading, drainage and erosion control plan were prepared by Landform Engineering, Inc. ,I 8.02 EXISTING CONDITIONS b. Total acreage is 9.70 acres c. The existing zoning within 300 feet ofthe proposed plat has been shown. f. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat per ordinance requirements. g. The boundary lines within 100 feet of the plat have been shown along with the names of the property owners. h. A Tree Protection Plan has been submitted to the City for review and approval. j. A soil boring report has been submitted to the City. 8.03 DESIGN FEATURES ~ a. The proposed right-of-way as indicated is 60 feet. / " c. The municipal sewer, water, streets and storm sewers plans/profiles will be designed by the City. h. The proposed method of disposing of surface water has been shown on the grading, drainage and erosion control plan. 8.04 ADDITIONAL INFORMATION b. Water supply will be by municipal well. c. Sewage disposal facilities will be municipal sanitary sewer. d. Rezoning will be required. f. Flood Plain Management is regulated by the City. g. Street lighting as required - installation costs will be paid for by the developer. k. Location of Area Identification Signs. Special Use Permit applied for in conjunction with the preliminary plat. , j 9.02 STREET PLAN a. The typical section, right-of-way and grade are indicated on the preliminary plat. 9.03 STREETS a. The proposed right-of-way is shown as 60 feet which conforms to standards by classification. n. Boulevard is required to be 4" topsoil and sodded. 9.04 EASEMENTS b. Drainage and utility easements are required for the 100 year flood elevation. 9.06 LOTS e. The developer is responsible to obtain all necessary permits from the CCWD, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. ., ; " . , \. .I 9.07 PARKS, PLAYGROUNDS, OPEN SPACES Park dedication as recommended by the Park and Recreation Commission and approved by the City Council. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " I RES. NO R -99 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF "SUNRlDGE" BY D.H. LAND COMPANY LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval ofthe plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: . , 1. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 2. Contingent upon approval of the Comprehensive Plan Amendment, Rezoning and the Special Use Permit for the Planned Unit Development. 3. Park dedication per Ordinance No. 10, Section 9.07. 4. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 5. The variances or development standards as listed on the preliminary plat and in the letter from Steve Johnston, Landform Engineering dated November 3, 1999 shall become the only listing of variances approved on the plat. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 7. A 20' trail easement with a 10' wide bituminous trail shall be provided on the east side of Lot 1, Block 1. 8. Geotechnical engineering report being reviewed and approved by an independent geotechnical engineer and accepted by the City. Adopted by the City Council of the City of Andover this 7th December , I9---.2L. day of CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 18 re' d in both of these developments. She stated the Ci developm and this appears to be a good projec On l\ r"T ~. 7\"_\. !"', ~ . . . .r-!;~ ~ :; '. , / dover has a need for these types of an stated this item would be considered at the December 7, 1999 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT - SUNRIDGE - DH LAND COMPANY - 34 ~ 7TWIN HOMES, ONE EXISTING SINGLE-FAMILY HOME -13440 JAY STREET NW. Mr. Carlberg stated the Commission is familiar with this development. He pointed out that the City is looking for a twenty-foot (20') trail easement on the eastern side of Lot I, at the location of Jay Street and 135th Avenue. He stated there would be a ten-foot (10') wide bituminous trail system in that area, and staff has indicated this should be provided as part of the development. He noted the theater was located in this area, as well as a banquet facility, an office warehouse, and some proposed restaurants. He stated the City would like to insure that pedestrians in this residential area have means to connect with a sidewalk and trail system in the commercial area to the north. \ / Chair Squires requested clarification of the location of the proposed trail easement. Mr. Carlberg referred to the site plan, and stated the easement would be located along east side of lot I, right from the street to the north along Commercial Boulevard. He indicated as the area develops there will be a network of sidewalks and trail systems that people can tie into, to access the commercial development. Chair Squires inquired if a walkway would be constructed along the south side of Commercial Boulevard, through the site. Mr. Carlberg advised the City will probably be re-constructing Commercial Boulevard in the future, and installing a sidewalk and trail system. He indicated that a sidewalk is currently planned along. Jay Street to provide access to the theater property. He explained there were plans for some trial systems along Commercial Boulevard, however, this would be the City's project, and not part of the current development proposal. Chair Squires inquired if the developer should be required to provide a walkway along the south side of Commercial Boulevard. '\ Mr. Carlberg explained that this area is all City right-of-way, and any project in the area would be the City's undertaking. ./ Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 19 r,r:f'., !:T k. .:;. Jc~\r ;" "- I / Commissioner Hedin inquired if the southern portion of the trail would end at the street, or if there was additional bituminous surface to the south. Mr. Carlberg stated the trail would be a connected to the street, and there would be a curb cut. He indicated the trail would go from there to Commercial Boulevard. He explained that Jay Street previously went through to Commercial Boulevard, north to Kottke's Bus, then to Bunker Lake Boulevard, however, that was abandoned to keep the residential area separate from the commercial area, which has worked very well. He stated an easement should have been retained for trails along the area, however, the City vacated the right-of-way, and kept the drainage and utility easement. He advised that it is not permissible to construct a trail on a drainage and utility easement unless they have taken a trail easement from the property, therefore, they were proposing to shift the location of the trail, and require it as a part of this development. Commissioner Hedin inquired if the trail ended at the roadway, and if someone walking south on the trail would ultimately have to walk along the side of the road. Mr. Carlberg stated there were no sidewalks in this development, therefore, they would have to walk along the edge of the curb. He stated they do not typically see sidewalks in the residential developments, although this has been an issue of much discussion. " I Commissioner Daninger inquired if the trail could continue south on Lot 1, and then cut into the street in that area. Mr. Carlberg stated this area is already developed, therefore, anyone attempting to access the area would be coming from the street. He stated there were existing single family homes in the area, and the trail would only dead end on another property. He indicated there is no network of trails in this area. Commissioner Hedin inquired if there was another trail located on the west end of the development. Mr. Carlberg stated this area was examined for a potential trail, however, it was determined since the Jay Street intersection would be a good place to cross, they would keep the trails to the east side of the development. He added that they would not be significantly extended at this time, however, it was hoped they would extend to Jay Street where there are sidewalks. Commissioner Hedin inquired if the intersection on Jay Street utilized a four-way stop sign, or a traffic signal. Mr. Carlberg stated currently there is no plan for signalization at this intersection. He noted Commercial Boulevard is currently through-traffic, , / Commissioner Hedin stated Jay Street was a fairly busy roadway. Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 20 f~'>.. ~ .-) 1\ ;ra T of ,,~ ..; ./' ~.. ,I "., .,._, r .;k;..... .. '4 1:4:, , J / Mr. Carlberg stated this was correct. He indicated there will be pedestrian ways, however, there will not be a controlled light at this time. He pointed out that if it was determined that a traffic signal was warranted in the future, the City Council could address the issue. He explained that typically traffic signals are not utilized on a "T" intersection, however, this matter can be evaluated as the development occurs, and the item may be revisited in the future. Commissioner Hedin stated the area was going to be very well developed in commercial uses, and if the businesses obtain the traffic they desire, the pedestrian traffic will be unable to travel from the south to the businesses. Mr. Carlberg stated staff would research the travel patterns in this area. He stated Commercial Boulevard is currently under-traveled. He indicated there would be very good access to Bunker Lake and Hanson Boulevards from this area, however, they would have to see how the traffic patterns occur, and may have to consider some signalization and pedestrian crosswalks in this area. Commissioner Falk inquired if a portion of Lot I was an easement. Mr. Carlberg stated this was correct, for sewer and water utilities. ) Commissioner Falk inquired if there was a previous proposal to construct a trail in that area. Mr. Carlberg stated they had considered this, however, they determined to extend the trail to an area that has no links. He noted the easement is for utility purposes, and a trail can not be constructed on top of the utilities. He stated the interest currently is to place the trail on the east side of the development. Commissioner Daninger stated with the first proposal on this site, the Commission expressed their concerns regarding the curve on Martin Street. He stated this proposal appears to be unchanged, however, the Planning and Zoning Commission requested this matter be addressed at that time. Assistant City Engineer, Todd Haas stated a tangent has been installed in a 50-foot section between the reverse curve to meet the requirements, and they would post the roadway with signage indicating the appropriate speed limit. He stated the City Engineer approved of this proposal. Mr. Carlberg advised that this item would require a potential geotechnical review, therefore there should be a condition in the resolution that indicates a geotechnical engineering report shall be reviewed and approved by the independent geotechnical engineer as accepted by the City. He stated that condition should be added to the Preliminary Plat, and this may be corrected and removed in the future, however, at this point it appears there is a need for this review. He noted there may be a few housekeeping items that require attention, however, for the most part, the preliminary plat meets the requirements of the Zoning Ordinance. ~ ) Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 21 r~~'l ;'r\ 1:T i.-.;./ J'\ ::tf."\ r" ~ , I I Commissioner Apel inquired if some of these details can be addressed during the design of the developmental contract. Mr. Carlberg stated this was correct. He pointed out there will also be Association documents and by-laws with the Planned Unit Development, which will all be reviewed prior to final approval of the development. He indicated there would be covenants that restrict the uses on the property, and Association documents that regulate the ongoing maintenance and landscaping of these facilities. He advised that the City Attorney and the City Council would review these documents, prior to Council approval of the development. He added that there is a provision that in the event maintenance is not continued, the City has the ability to come in and perform that maintenance, and assess the cost back to the property owner. Commissioner Hedin inquired if the minimum purchase price for these units would be included in the agreement. Mr. Carlberg stated they have established the minimum costs per unit, as per association fees that would be tied to these documents. Commissioner Hedin inquired if the purchase price would be specifically indicated in the document itself. Mr. Johnston stated he was not certain they could include the purchase price in the document. " ) Commissioner Hedin inquired what would prevent them from lowering the purchase price of the units. Mr. Carlberg suggested the purchase price of the homes could be indicated in the covenants. Mr. Johnson explained that in the covenants they could specify minimum square footage requirements, which would have the same effect as indicating the value. He explained they were submitting their best estimate of the purchase price, based upon what they believe the market value will be. He indicated this would likely be the most appropriate manner to achieve their objective, as the value of the units will fluctuate over time. Chair Squires inquired if they could condition their approval by incorporating some of the submittals that were provided by the developer, and require that the units constructed be substantially similar to those represented in the presentation. He noted the concern was if the Commission approves the rezoning, the developer might come in and construct rental units that are quite different than the Commission envisioned, based upon the approval. He inquired if this would be an appropriate means to address this concern. Mr. Carlberg stated this could be done. He explained however, with the Planned Unit Development, the developer has indicated these would be 1,400 square foot units, which is the project the Commission would be approving, and this is not to be varied from. He stated this was why the development standards indicated by the developer were the standards that the Commission was recommending approval for, and that should cover it. He noted there are developments that indicate in their covenants a minimum price value, and another means would be to indicate the square , / Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 22 ~.. ~ ')\ C"'... , . , l' ~L~ x;;" . .~\ ~ " ) footage of the building and the two-car garage. He advised that through the Planned Unit Development, those standards are addressed and must be adhered to. Commissioner Hedin explained that he is not a real estate agent, and therefore, 1,400 square feet is somewhat meaningless to him, in terms of the value of the homes. Chair Squires stated one option would be to include in the resolution a specific item that indicates that the developer is required to construct the dwelling units in a manner that is consistent with the plans that were presented to the City. He stated this would clarify the matter, and address the concern. Commissioner Falk advised that the purchase price would already be indicated in the development contract. Mr. Carlberg advised that unit size could be specified in the development contract. He stated it would be wise for the Commission to add a condition which indicates that this is the project they approved according to the standards, and if the developer varies from that, they would have to amend the special use permit and come back through the process. / Commissioner Hedin indicated he was not concerned about the purchase price of the homes in the future, as this could not be controlled, however, if it varies greatly at the beginning of the project, he would be concerned. Chair Squires stated this was a legitimate concern, and the Commission should always hold the developer to the conditions that were presented. Commissioner Daninger stated he was concerned that in five years the development is not falling apart. Mr. Carlberg stated from staffs perspective, the concern of the City is that there are provisions in the covenants and Association documents that provide that the City does not inherit the problems that may occur. He stated in this case, they would like to insure the maintenance is ongoing in this development. He commented that the Commission has the right to condition the presentation as a part of the approval. Mr. Carlberg indicated the Parks and Recreation Commission would review this item on December 2, and will most likely recommend accepting cash in lieu of land. . Motion by Dalien, seconded by Jovanovich, to open the public hearing at 8:36 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. I Regular Andover Planning and Zoning Commission Meeting Minutes -November 23, 1999 Page 23 f"')~) r' r? ...;- :"--"';: t' x"'::J ~ L..-'.~ ... #-."1. ~ :.i -, / Mr. Johnston stated he could not imagine it would take ten years to complete this project, which would be a nightmare from the developer's standpoint, however, if it did, and there was a fixed $200,000 purchase price on the units, it would only cover a very minimal building. He explained that with inflation, in ten years the building constructed for $200,000 would be substantially different than what is seen today. He stated that addressing this by tying the requirement to what has been submitted through the Planned Unit Development would be much more prudent. Motion by Falk, seconded by Jovanovich to close the public hearing at 8:40 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Jovanovich, seconded by Falk, to recommend to the City Council approval of Resolution No. -99, a resolution approving the preliminary plat of Shadowbrook Sixth Addition by Bunker, LLC located in Sections 25 7 36, Township 32, Range 24, Anoka County, Minnesota, legally described on Exhibit A, with a condition which provides for a geotechnical engineering report to be reviewed and approved by the independent geotechnical engineer and the City, and the addition of a specific provision that the developer shall construct dwelling units consistent with those units described in the plans presented to the City. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated this item would be considered at the December 7, 1999 City Council Meeting. PU C HEARING: SPEC SIGNS - UNRIDGE -DH LAND COMPANY -13440 JAY STREET NW. EN-'FlFIGA-TION Planning Intern, egan Barnett stated the Planning and Zoning Commission is asked to review a Special Use Permit quest by DH Land Company to allow for the placement of two (2) area identification signs for t Sunridge Development located at 13440 Jay Street NW. Ms. Barnett provided an overvie of the applicable ordinances, and the criteria presented. Ms. Barnett stated the applicant is uesting to erect two (2) permanent monument area identification signs for the Sunridge Sub . ision, The applicant has submitted a picture that indicates the possible design they will be 'lizing for the area identification signs. The identification signs will be located on both side of Jay Street, the main entrance into the subdivision. Ms. Barnett stated DH Land Company has not decided on an e ct identification sign style at this time, however, they are looking at a sign dimension of2' x 2.5' (5 s' are feet) mounted onto brick columns. She advised that the applicant would be required go through th ign permit process. ., / Ms. Barnett outlined the Commission's options for action. She indicated staffre mmends approval of the proposal subject to the provisions of the resolution. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DA TE Opl'pm hpr 7 1 QQQ AGENDA 1'--0 SECTION Discussion Item ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA ITEM 1'--0 Special Use Permit - PUD Sunridge D.H, Land Company David L. Carlberg Community Dev, Dir. BY: Id. The City Council is requested by D. H, Land Company to review and approve the Special Use Permit request to develop a Planned Unit Development (PUD) consisting of 34 townhomes and one single family urban residential lot on the property legally described on the attached resolution. Back~round For background information on the request, please consult the staff report and the minutes from the November 23, 1999, Planning and Zoning Commission meeting. Planning & Zonin!! Commission Recommendation The Planning and Zoning Commission recommends to the City Council approval with conditions as listed on the attached resolution. MOTION BY: SECOND BY: , . J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF D.H. LAND COMPANY FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A MIXED USE RESIDENTIAL DEVELOPMENT CONSISTING OF THIRTY -FOUR (34) TOWNHOMES AND ONE SINGLE F AMIL Y RESIDENTIAL LOT TO BE KNOWN AS THE SUBDIVISION OF "SUNRIDGE" ON THE PROPERTY LEGALLY DESCRIBED BELOW. WHEREAS, D.H. Land Company has requested a Special Use Permit for a Planned Unit Development to develop a mixed use residential development consisting of thirty-four townhomes and one single family residential lot to be known as the subdivision of "Sunridge" pursuant to Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance regulating Planned Unit Developments on the property legally described as follows: J Lot 5, Watt's Garden Acres, according to the map or plat thereof on file and of record in the office of the Registrar of Tittles in and for Anoka County, Minnesota. Subject to the reservations of the State of Minnesota, in trust for the taxing districts concerned, of all materials and mineral rights therein, as provided by law; and WHEREAS, the City Council has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the City Council finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the City Council finds the request meets the criteria of Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance regulating Planned Unit Developments; and WHEREAS, a public hearing was held before the Planning and Zoning Commission and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommended to the City Council the approval ofthe Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and will allow D.H. Land Company to develop a Planned Unit Development on said property with the following conditions: \ / Page Two Resolution Special Use Permit - Planned Unit Development Sunridge - D.H. Land Company I. All variances associated with the approval of the Special Use Permit for the Planned Unit Development shall be approved with the approval of the preliminary plat. The development standards listed in the letter from Stephen M. Johnson, Landform Engineering dated November 3, 1999 shall be the approved standards for the development. 2. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 3. The Special Use Permit shall be subject to annual review by Staff. 4. The Special Use Permit for the Planned Unit Development shall be contingent on the approval of the preliminary plat of Sunridge. ) 5. A property owners association shall be created with the following documents provided to the City for review and approval by the City Council prior to being recorded with the final plat in accordance with Ordinance No. 112: a. Articles ofIncorporation b. By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, maintenance ofthe common areas. Adopted by the City Council of the City of Andover on this ---.l!L day of December. 1999. CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor Victoria Volk, City Clerk I CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE ~ r"vp~ hpr'" 1 000 , AGENDA ITEM 8. Public Hearin2: SUP (99-29) Planned Unit Development "S unri d ae" '" D.H. Land Comoanv ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA David L. Carlberg Bt"-ommunitv Develooment Director BY: Request The Planning and Zoning Commission is requested to review the Speciat Use Pemiit . request ofD.H. Land Company for a Planned Unit Development (PUD) to develop a mixed use residential development consisting of 34 townhome units ;md one single family residential lot (existing) on 9.7 acres to be known as "Sunridge". . The property to be developed as the plat of the POO of"Sunridge" is generally located south of Commercial Boulevard NW and west of Jay Street N\V in Section 34, , Tow'nship 32, Range 24, ..<\noka County, Minnesota as shown on the location map. J The property is currently zoned R-4, Single Family Urban. A rezoning of the property to M:2, Multiple Dv"elling is being requested in conjunction \vith this request. Applicable Ordinances Ordinance No.8, Section 3.02, defines a Planned Unit Development (PUD) as. h~ving (2) or more principal uses or types of structures on a single lor:.or parcel of land and developed according to an approved plan. A POO shall include to\vnhouses, single and two family homes, apartment projects involving more than one building, residential subdivisions submitted under "density zoning" provisions, multi-use structures, such as an apartment building with retail at ground floor level, commercial developments. industrial developments. mixed residential and commercial developments and similar projects. Ordinance No.8. Section -k 18, Planned Unit- Developments was amended on May 7, 1996 and states that Ordinance No. III shall regulate Planned Unit Developments. ) ( " Paae Tv;"o :> Special Use Permit - Planned Unit Development "Sunridge" - D,H. Land Company Planning and Zoning Commission Meeting November 23, 1999 Ordinance No. 112, regulates Planned Unit Developments. The purpose of this ordinance is intended to provide for and permit flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. The flexibility is achieved by waiving or varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot size, setbacks, height and similar regulations, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City of Andover and its inhabitants. Attached is a copy of Ordinance No. 112 for Commission review. Ordinance No.8, Section 5.03, regulates the Special Use Permit process, outlining , conditions and procedures. , ) ( Ordinance No.8, Section 5.03, Special Uses, also establishes criteria in reviewing Special Use Permit applications. These criteria include: the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land, the existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan, Ordinance No. 205. disallO\vs structures to be similar to the exterior architectural design or appearance \vithin 300 feet of each other. A variance is 'being requested as a part of the PUD. j " / Page Three Special Use Permit - Planned Unit Development "Sunridge" - D,H, Land Company Planning and Zoning Commission Meeting November 23, 1999 General Review Attached for Commission review is a letter from Stephen M. Johnston, Landform Engineering. The letter addresses the scope of the project, the development standards being used, how the projects conforms to the provisions in Ordinance No, 112 and the purpose of the homeowners association. The Commission should be aware that the developer is not proposing a density increase above the zoning district requirement. , / The developer of the project will be in attendance at the meeting to present and discuss the Planned Unit Development concept with the Planning and Zoning Commission, Commission Options A. The Andover Planning and Zoning Commission may recommend to the City Council the approval of the Special Use Permit requested by D.H. Land Company for a Planned Unit Development to develop a mixed use residential development consisting of 34 townhomes and one single family residential lot to be known as "Sunridge" on the property legally described on the attached resolution, The Commission finds the request meets the criteria of Ordinance No.8, Section 4.18 and Ordinance No. 112. PUDs. The Commission also finds the request meets the criteria ofOi"dinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the communitv: the use \-vill not cause serious traffic ~ . congestion or hazards: the use will not depreciate the surrounding property; and the use is in harmony with the Comprehensive Plan. " J . ) Page Four Special Use Permit - Planned Unit Development "Sunridge" - D.H. Land Company . Planning and Zoning Commission Meeting November 23, 1999 B. The Andover Planning and Zoning Commission may recommend to the City Council denial of the Special Use Permit requested by D. H. Land Company for a Planned Unit Development to develop a mixed use residential development consisting of 34 townhomes and one single family residential lot to be known as "Sunridge" on the property legally described on the attached resolution. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No. 112 and Ordinance No.8, Sections 4.18 and 5.03. In denying the request, the Commission shall state those reasons for doing so. , i , . C. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff, ) I '. ." t( - .~ .- --- /'elopme'nl Services Sile Planning Civil Engineering Lan d Sur y e iii n g ... -"t._ ---_'__ / .-' ... ~/' .// ,/ ., ;///~. . , '- / Stephen M. Johnston, P.E.. Principal Darren B, lazan. Principal Ross G. larson. Principal Dan Thurmes. R.l.S.. Principal Landform Engineering Company 650 Butler North Building 51'\ 1st Avenue North r jeapolis, MN 55403 phone 612.252,9070 fax 612.252.9077 www.landform.nel E-mail: info@landform.nel November 3, 1999 RECEIVED NOV 0 4 1999 CITY OF ANDOVER David L. Carlberg, Community Development Director City of Andover 1685 Crosstown Boulevard N.W. Andover,.MN 55304 RE: Sunridge Planned Unit Development Nfr. Carlberg; We are pleased to present oUr application for Suriridge - a Residentiaio Planned Unit Development adjacent to Commercial Blvd., immediately west of Hanson Blvd. This application also includes a guide plan amendment from RU to &\1 and a rezoning from R-4 to M-2. I wish to point out that this is the identical project that was submitted to the City, as a Preliminary Plat, in June of 1999 under the then allowable provisions of the R-4 zoning district. The City has, on its own initiative, changed this zoning ordinance, since that application was made, forcing this property owner to request the guide plan amendment, zoning amendment and PUD status. Not only has this change in the zoning ordinance complicated the process, but it has also "raised the bar" needed for approval. The application under the R-4 district only required a 3/Sths positive vote from the council for approval. The new application will require a 4/Sths vote due to the required guide plan amendment and rezoning, The PUD process is needed to address the multiple variances required from the M-2 code for this project. The M-2 zone seems to be established for townhome buildings with more than two units per building. As a result the lot size requirements are excessive for two unit townhomes on individual lots. Under the original R-4 application the only variance needed was for lot depth adjacent to Commercial Blvd. and lot width for a few lots to avoid an existing sewer line. This line could have been moved if the variance was denied. The lot depth variance was unavoidable due to the dimensions of the existing parcel. David L Carlberg Page 2 Pl.:D submittal November 3,1999 \ I Regardless this is a good use of the land and in our. opinion this project should be app~ovecr- The project provides a good transition from the single family detached homes to the south and Commercial Blvd. to the north, With the. proposed Homeowners Association the area will be maintained properly and the townhomes will have market values exceeding the adjacent homes. All of which will preserve the public welfare of the community, Proposal It is proposed construct 34 two-unit townhomes on 9.7 acres, A homeowners association will govern the project. The proposed townhomes are 1,400 sJ, with an attached 2 car garage. Both 2 and 3 bedroom versions will be available. As with most townhome communities the buildings will be similar in size and appearance. While this violates ordinance 205, it provides a more aesthetically pleasing neighborhood. Rezoning and Land Use Amendment This site is well suited for the proposed project. The townhomes will have minimal impact on the adjacent detached housing. There are no direct neighbors to the north or west, A roadway separates the properties to the east and mature trees screen the buildings. The neighbors to the south will actually have fewer buildings adjacent to their homes than they would if the site \ was to develop with detached housing. Townhomes generate less impact on roads and / schools and are generally better maintained than detached homes. ( Townhomes provide the "Life Cycle Housing" that is lacking in Andover. In order to build the project under the City's revised Zoning Ordinance we have been informed that the site must be rezoned from R-4 to M-2 with a corresponding guide plan amendment from RU to Rl'v1. Listed below is a comparison between the M-2, original R-4 and our proposed plan. Standard M-2 R-4 Proposed Plat Lot Standards Lot Area per Dwelling 5,000 8550 8550 Lot Width at Setback 75 60 60 Lot Depth 150 130 130 Setbacks Setback From Street 40 35 35 Side Yard From Street 30 35 35 Side Yard Setback - house 30 10 10 / Side Yard Setback - garage 10 10 0 l Rear Yard Setback 30 30 30 L.\ndform En:<:ilh..~rin~ (\)mrJ.nY. h50 6utl~r ~orth BuiIJing.;lO First A...~nu~ ~urth, \linn~Jpolis, M~ ~5403 (n12) 152.Qn;Il,lhl.!1 'l..C;2.~}i7 fa:(, ...iclhn...tlmlfi)l.lnllfurm.!1t't www.l.lJ\dform.nd David L. CJ.rlberg Page 3 Pl.;O submittal ='iovember 3. 1999 Building Standards Floor Area per Dwelling Land Coverage - Maximum Height (maximum) 960 30 35 960 30 35 1200 - 1400 <30 <35 The proposed plan exceeds the lot area requirements for M-2, but falls short of the lot width_ and depth requirements. This is likely due to the fact that the M-2 zone is designed for apartments and 8 unit townhomes. Given the dimensions of the existing parcel the lot depth can not be achieved without a change in building type or a variance. The 75' foot lot width can not be achieved with out a significant loss of buildings or a change in the plat to allow more than one unit per lot, which is typical in townhomes of 6 units or more. More than one unit per lot would necessitate either condominiums or rental properties, neither of which is deemed acceptable by the property owner/developer. This project meets the lot width requirements under the R-4 zoning district as it existed in June of 1999. _' The front set back requirement of 40 feet is reasonable for multiple unit townhomes, but since these units are more similar in scale to a single family home the 35 foot set back is reasonable. The side yard setback for these buildings is again more appropriately based on single family detached homes than multiple unit townhomes. The setback for garages can not be met. It is impossible to simultaneously join the garages at a common lot line and set them back 5 feet. , , / The site's location adjacent to a major roadway and commercial area makes it a logical location for attached housing. Buyers of attached housing are generally more willing to accept the negatives associated with living in this type of location because of there lifestyles which are not focused on their yards or on raising young families. Through a professionally planed neighborhood, with known housing styles and locations, many of the negatives can be designed around. Planned Unit Development (PUD) The following (in Italics) is from the City's PUD ordinance. Our response to each item follows each paragraph of text. Section 1. Purpose. This ordinance is intended to provide for and permit flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and acth'ities. This flexibility can be achieved by waiving or varying form provisions of Ordinance No.8, the Zoning Ordinance, including lot sizes, setbacks, heights and similar regulations, while at the same time preserving the health, safety, order, convenience, prosperih) and general welfare of the City of Andover and its inhabitants. Planned Unit Developments encourage: " 1. Innovations in de!'elopment to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and sitting of structures and by tilt' consermtion and more ejficit?lZt use of land in such deL,efopments; ) LmJ,form En~in,-~rtn..; Comp.U\y. b50 Butlc:r :'\:orth BuilJing. 51l> first r\n,'nue ~orth. ~(innt:;lpoHs. ~1:'\j ~5..m3 (612.1 151..\}{)70. (bI2) 252..9077 fax. ..iohn..tonl#ql.tndfurm.nt."t www (.lnJform.nd David L. Carlberg Page 4 PliO submittal November 3, 1999 \ J , , \ .' " ) In general three groups of individuals purchase Townhomes )- Young professionals - on the go, limited free time, no interest in home maintenance )- Empty Nesters - middle aged individuals whose kids have grown up and are no longer living at home. They don't need the four bedr9Qm home (may in fact want to avoid it) enjoy their newfound freedom to enjoy active lifestyle that may include fishing, golf or travel. Want to update family home with some modem amenities. ~ Senior Citizens - not physically able to maintain a large home, May travel to winter home, looking for absentee security. All three groups generally have above average incomes and ab_ility to support community businesses. Townhomes provide "Life Cycle Housing" - a home to start out in and one to return to after you have raised your family, which keeps residents in the community raising community involvement, community investment. 2, Higher standards of site and building design through the use of trained and experienced. land planners, architects and landscape architects; <. Landform Engineering Company designs numerous Townhome communities each year. Through that experience we have gained an understanding of the market place and the latest design trends in the industry. 3. More convenience in location and design of development and service facilities; The adjacent commercial area provides convenient access to services and entertainment. 4. The preservation and enhancement of desirable site characteristics such as natural topography, geologic features and the prevention of soil erosion; The site lacks significant natural amenities, This project will provide an improved image at front door to City's commercial area since: )- Detached housing typically provides limited landscaping (certainly no continuity) with builders providing little or no budget to buyers (<$250), Typical single family homes are landscape as you go with materials provided by the local budget nursery. )- Townhomes will include $3,500 per unit in landscaping, professionally designed, installed and maintained. )- Irrigation system will keep landscape fresh without overwatering. ,. Restrictions on outdoor storage, kennels, and parked vehicles as well as regular building maintenance keep the area attractive. Lmd(orm Engin""t:nn~ ClJmr.\l\Y. 0':;0 Budt:r :'\iorth BuilJing. 510 First A...~nu~ :\:orth. ~[inn~.J.polis. ~L.'\i 55403 ("12/ !...C';1.';)070. (hl2l !52.9077 f.1'. ..;.iohnston@l.tndform n~t W\vw I.1.nJ(orm.n~t David L Carlberg Page 3 PUD submittal November 3, 1999 The one-builder/developer situation simplifies the process of maintaining good erosion control practices, 5. A creative use of land and related physical development which allows a phased and orderly transition of land from rural to urban uses; Not applicable. 6. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering the development costs and public investments; . Not applicable 7, A development pattern in hannony with the Andover Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles,) . This project reflects the accepted planning principal of transitional zoning from low density residential to commercial property. The PUD is used to blend the proposed project into the zoning district, which is typically designed for larger multiple unit buildings, 8. A more desirable and creative environment than might be possible through the strict application of the zoning and subdivision regulations of the City. ~ , The M-2 district does not reflect appropriate lot standards for attached buildings on individual lots, The setbacks don't reflect the needs of common building walls and two unit homes, which are similar in scale to single family detached housing. Through the PUD standards unique to this project can be established which reinforce good design. PUD Homeowners Association This PUD will be governed by the rules of a homeowners association. The purpose of the homeowners association is to protect the investments made by the owners of the townhomes through rules and regulations regarding, > The use of common elements > The use of lots and conduct of townhome occupants which may jeopardize the health safety and welfare of other occupants, which involve noise, or other disturbing activity, or which may damage the common elements or other townhomes. " Regulation of prohibiting animals. . > Regulation of changes in the appearance of the common elements and conduct, which may damage the common interest community. " Regulation of the exterior appearance of the common interest community, including balconies, patios, window treatments, signs, displays and landscaping. The homeowners association is self-governed, Membership in the association is mandatory. ) LUl.Jform En~in~rin~ Lomp..u'\y. 650 Butl~r :'\iorth Swilling. 510 First Av~nul:! :\ilJrth. ~(in.nl:!apolis. ~L.'\i 55-103 (nI2) 152.9070. (612) 252.9()n fax. ..iohnston@bnJform.net WW'W_14U\JCorm.nl:!t David L Carlberg Page 6 PUD submittal November 3. 1999 " The homeowners association also provides through a professional management company the i following services, ~ Lawn service >- Snow Plowing >- Irrigation Maintenance >- Sanitation. >- Any Required exterior Maintenance '. To remain viable the association must collect sufficient funds to meet all current maintenance obligations as well as retain sufficient reserves to complete major restoration projects as they arise, The current estimated monthly fee is $98. With fewer units the costs remain essentially the same resulting in a higher monthly fee. . ,- Ordinance 205 The Proposed PUD does not meet the requirements of Architectural Design Standards of Ordinance 205, which was enacted to ensure a variety of house styles in neighborhoods. In a townhome neighborhood it is the norm to have similar appearing homes. This assures consistent maintenance, simplifies sales, and creates a blended, balanced appearance. While it is possible to vary the appearance of the townhomes this would be a detriment rather than a~ enhancement to the neighborhood, I '\ .' We hope that this answers any questions you have regarding this project. If anything else arises please let me know. Best Regards, Landform Engineering Company ~~v" 1/,/6v' 'Stee'en Mjohnston, PE PrO cipal ) LmJform Engin~ring CiJmpany. 650 Butl~r North Building. 510 First Avenue North, ~linn~apolis. ~(N' 55403 (bI2) 252.90;0. (612) 252.9077 fax. c;iohnston@I.UlJform.n~t www.landfortnnet ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF J\.'llN"NESOT A .' ORDINANCE NO. ill AN ORDINANCE REGULATING PLANNED UNIT DEVELOPMENTS (PUDS) IN TIIE CITY OF ANDOVER. Section 1. Put:pose. This Ordinance is intended to provide for and permit flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. This flexibility can be achieved by waiving or varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot sizes, setbacks, heights and similar regulations, .. while at the same time preserving the health, safety, order, convenience, prosperity:..- and general welfare of the City of Andover and its inhabitants. Planned Unit Developments encourage: " I 1. Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and siting of structures and by the conservation and more efficient use of land in such develo~ents; 2. Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects; 3. More convenience in location and design of development and service facilities; 4. The preservation and enhancement of desirable site characteristics such as natural topography, geologic features and the prevention of soil erosion; 5. A creative use ofland and related physical development which allows a phased and orderly transition of land from rural to urban uses; 6, .Aut efficient use ofland resulting in smaller networks of utilities and streets thereby lowering the development costs and public investments; 7. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles,) / , ~ r , 8. A more desirable and creative environment than might be possible through the strict application of the zoning and subdivision regulations of the City. Section 2. Definition. Planned Unit Developments (PUDs) shall include all developments having two (2) or more principal uses or structures on a single parcel of land which shall include townhouses, single and two-family homes, apartment projects involving more than one (1) building, residential subdivisions submitted under density zoning provisions, multi-use structures, such as an apartment building with retail at ground floor level, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. Section 3. Zoning District Supplement. A Planned Unit Development (PUD) District is supplementary to a zoning district within or encompassing all or a portion or portions of one or more original districts in accordance with the provisions of this Ordinance and the Zoning Ordinance. As used in this Ordinance, the term "original district" shall mean a zoning district as described in Ordinance No.8, the Zoning Ordinance. '. / Section 4. General Requirements and Standards. I , ( 1. Ovmership: An application for PUD approval must be filed by the landowner or jointly by alllandovmers of the property included in a project. The application and all submissions must be directed to the development of the property as a unified \vhole. In the case of multiple ownership, the Approved Final Plan or Plat shall be binding on all owners. 2. Comprehensive Plan Consistencv: The proposed PUD shall be consistent with the Andover Comprehensive Plan. 3. Sanitary Sewer Plan Consistencv: The proposed PUD shall be consistent with the Andover Comprehensive Sewer Plan when applicable. " ) 4. Ordinance Consistencv: The proposed PUD shall be consistent with the intent and purpose of City Ordinance provisions relating to land use, subdivision and development. 2 '. / 5. Common Open Space: Common open space at least sufficient to meet the minimum density requirements established by the City shall be provided within the area of the PUD, except as provided in Subsection 8 below, 6. Operating and Maintenance Requirements for PHD Common Open SpacelFacilities: Whenever and wherever common open space or service facilities are provided within a PUD, the PUD shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a pre-determined reasonable standard. Common open space and service facilities within the PUD may be placed under the ownership of one or more of the following, as approved by the City Council: a. Dedicated to public, where a community-wide use is anticipated. and the City Council agrees to accept the dedication. b. Landlord control, where only use by tenants is anticipated. J c. Property Ovmers Association, provided all of the following conditions are met: 1. Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, to\vnhouses, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the City of Andover. Said filing with the City shall be made prior to the filings of said declaration or document with the recording officer of Anoka County, Minnesota. 2. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject said properties to the terms of said declaration. " / 3. The declaration of covenants, conditions and restrictions shall provide that an owner's association shall be formed and that all owners shall be a member of said association which shall maintain all properties and common areas in good repair and which shall assess or charge individual property owners 3 " / proportionate shares of joint or common costs, This declaration ( shall be subject to review and approval by the City Attorney. , The intent of this requirement is to protect the property values of the individual owners through established private control. 4. The declaration shall additionally, amongst other things, provide that in the event the association fails to maintain properties in accordance with the applicable rules and regulations of the City of Andover or fails to pay taxes or assessments on properties as they become due and in the event the City of Andover incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association, then the City of Andover shall have the right to assess each property its prorata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. 5. Membership of the association shall be mandatory for each owner and anv successive buver. . / .. .. ( 6. The open space restrictions shall be permanent and not for a l .. given period of time. 7. The Association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it. 8. Property owner must pay the prorata share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes, 9. The Association must be able to adjust the assessments to meet changing needs. 10. The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City " Council prior to the approval of the final PUD plan or plat. , / ( 4 , \ / 7. Staging of Public and Common Open Space, When a POO provides for common or public open space and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum. bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. 8. Densitv, The density ofa POO shall conform to the regulations of the zoning district in which the land and project are located and shall be based on the net buildable area (exclude streets), except that density increases of up to five (5%) percent (20% maximum total) may be allowed for each category listed below at the discretion of the City Council, as an incentive for the developer to include the following features hereby determined to be a benefit to the public. a. Significant undeveloped common open space. b. Significant improved common open space. / c, Distinctiveness and excellence in setting design and landscaping, d. Architectural style and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. 9. Staging of Development. Whenever a POO is to be developed in stages, the density of the stages when totalled shall not exceed the proposed residential density of the entire PUD. The City may require a developer to record a restrictive covenant in favor of the City to insure that all stages or phases will be developed within the overall density for the entire POO. 10. Utilities. All utilities shall conform to the design standards of Ordinance No.lO, the Subdividing and Platting Ordinance and other applicable design standards on file with the City. All utilities, including, but not limited to, telephone, electricity, gas, and telecable shall be installed underground. " / 11. City Utilities. All city utilities including water, sanitary sewer, storm sewer and streets shall be designed, installed and maintained 5 / by the City in conformance w'ith all city standards and practices. Utility easements shall be dedicated as required by the City. ( 12. Urban Development and Availability of Public Service. All development shall be carefully phased so as to ensure that it will not cause an unreasonable burden upon the City in providing services and utilities or cause a deleterious impact upon the natural environment. 13. Streets and Site Improvements. All streets and site improvements shall meet the design standards and regulations contained in Ordinance No. 10, the Platting and Subdividing Ordinance, unless otherwise approved by the City Council. / 14. Landscapin~. In any PUD, landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with sizes and species indicated as a part of the Final Plan, In assessing the landscape plan, the City Council shall consider natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD. ( ( 15. Special Requirements and Standards. a, Residential Planned Unit Developments (Density Zoning), 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2, Yards. a, The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. . I b. No building shall be located less than fifteen (15') feet from the back of the curb line along those streets which are part of the private internal street pattern. '\ 6 , , / c. No building within the project shall be located nearer to another building than one-half(l/2) the sum of the building heights of the two (2) buildings. d. No building shall be located nearer than its building height to the rear and side property lines. b. Commercial or Industrial Planned Unit Developments. 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. \ / b, No building shall be located nearer than its building height to the rear and side property lines. 3. Landscaping, Surfacing and Screening. a. All areas disturbed on the site other than that covered bv . structures or hard surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. b, The entire site other than that taken up by structures or landscaping shall be surfaced in accordance with the standards on file in the office of the City Engineer. c. Developments abutting a residential district shall be screened and landscaped in compliance .with the Zoning Ordinance and other applicable regulations. " c. Mixed Use Planned Unit Developments. / 7 / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: December 7. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Comp Plan Amend 99-03 RU, Residential Urban Single Family to RM, Residential Medium Density SUN RIDGE I~, DH Land Co. John Hinzman, City Planner Request \ / The City Council Commission is asked to review an amendment to the Comprehensive Plan to change the land use district designation from RU, Residential Urban Single Family to RM, Residential Medium Density. The proposed site is approximately 9.7 acres and is located at 13440 Jay Street NW, legally described as Lot 5, WATTS GARDEN ACRES. The Comprehensive Plan Amendment is submitted in conjunction with a rezoning to M- 2, Multiple Dwelling, as well as PUD and Preliminary Plat for 34 twin homes and one existing single family detached home. Planning and Zoning Commission Action The Planning and Zoning Commission voted 7-0 to recommend approval of the request at the September 14, 1999 meeting with limited discussion. Please consult the attached staff report and minutes for more information. Attachments . Resolution for Approval . Planning and Zoning Commission Minutes - November 23, 1999 . Planning and Zoning Commission Staff Report - November 23, 1999 " I .' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM RU, RESIDENTIAL URBAN SINGLE FAMILY TO RM, RESIDENTIAL MEDIUM DENSITY FOR DH LAND COMPANY AT 13440 JAY STREET NW LOT 5, WAITS GARDEN ACRES (PIN 34-32-24-43-0001) WHEREAS, DH Land Company has petitioned to change the land use district designation from RU, Residential Urban Single Family to RM, Residential Mediwn Density on approximately 9,7 acres legally described as follows located at 13440 Jay Street NW, legally described as Lot 5, WAITS GARDEN ACRES. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested. I NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves said amendment to the Comprehensive Land Use Plan with the following condition: 1. Approval by Metropolitan Council. Adopted by the City Council of the City of Andover on this 7th day of December 1999. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk , / Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 15 np l\ J=T w...- lor ~ ~~ ~ .w , / PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (CPA 99-03) - RU, RESIDENTIAL URBAN SINGLE FAMILY TO RM, RESIDENTIAL MEDIUM DENSITY - SUNRIDGE -DH LAND COMPANY -13440 JAY STREET NW. PUBLIC HEARING: REZONING (REZ 99-04) REZONE FROM R-4, SINGLE FAMILY URBAN TO M-2, MULTIPLE DWELLING -SUNRIDGE -DH LAND COMPANY -13440 JAY STREET NW, Mr. Hinzman requested the Commission consider the Comprehensive Plan Amendment and the Rezoning in combination, as they are interrelated. City Planner, John Hinzman stated the proposed site is slightly less than ten acres in size, He indicated the property is currently designated R-U, Residential Urban Single Family, and the developer proposes to re-guide that under the Comprehensive Plan for R-M, which is the Residential Medium Density land use district. He stated in conjunction with this, the developer is requesting the property by rezoned from R-4, Single Family Urban, to M-2, Multiple Dwelling. Mr. Hinzman reviewed the applicable ordinances and the criteria presented. He noted that the zoning of a district could not be changed without changing the Comprehensive Plan designation. He advised that some of the criteria considered for the Comprehensive Plan and the Rezoning are ,I similar. He indicated these criteria include the effects upon the health, safety and general welfare of the occupants of the surrounding land, the traffic and property valuation effects, etc. He advised the land use plan is more general in nature, and the zoning itself is more specific. Mr. Hinzman provided the Commission with pictures of the site, which indicated the general adjacent land use. Mr. Hinzman stated the City's Comprehensive Plan of 1991 is currently being utilized for these considerations. He pointed out that the City was proceeding to update the Comprehensive Plan, however, most of the comments related to residential developments are similar within the two plans. Mr. Hinzman stated that specific to this development, the City is experiencing a significant amount of growth and desires to provide opportunities for a variety of housing types. He indicated the City is concerned with maintaining high standards of quality and aesthetics. He stated, as high quality residential development occurs, the City is concerned with providing appropriate buffers between any incompatible land uses, and also providing for adequate public services and facilities. Mr. Hinzman indicated the Comprehensive Plan identifies policies related to housing and residential land use which indicate the City shall encourage a variety of housing types, including multiple family dwellings. The planning and development of residential neighborhoods as units is encouraged, as well as continuity in street patterns. " j Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 16 r">. ~"', 1\ F T ~ - ."/' .:-'- ~'- ' "'l . '. ...olOd'~" F "~I ~~ .,.4_ ,\ :Q / Mr. Hinzman indicated that residential neighborhoods shall be protected from adverse environmental impacts including noise, air and visual pollution. He stated residential neighborhoods shall be protected from encroachment or intrusion of incompatible uses. He advised that mid-density development shall be encouraged on a planned unit basis and shall specifically include provisions for traffic circulation that would mitigate adverse affects on existing single-family residential neighborhoods. Mr. Hinzman outlined the Commission's option for action, and indicated that staff recommends approval of the Comprehensive Plan Amendment and the Rezoning of the property. He noted the Comprehensive Plan Amendment is subject to final approval by the Metropolitan Council. Mr. Hinzman advised that at this time the Commissioners have before them the Comprehensive Plan Amendment and Rezoning for Sunridge, which require two separate actions. He suggested the respective public hearings be held simultaneously. Commissioner Hedin inquired how staff believes the Metropolitan Council will view the amendment to the Comprehensive Plan. \ / Mr. Hinzman stated he believed the Metropolitan Council would view this in a favorable light, as they have been examining creating more life cycle housing opportunities in the City, if they fit in well with transitional zones between the higher density commercial zones and the lower density residential zones. Motion by Daninger, seconded by Dalien, to open the public hearing for Item 6, Comprehensive Plan Amendment at 8: 15 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Motion by Daninger, seconded by Falk, to open the public hearing for Item 7, the Rezoning from R- 4 to M-2, at 8:15 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. There was no public input. Motion by Daninger, seconded by Jovanovich, to close the public hearing for Item 6 at 8:16 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Daninger, seconded by Falk, to close the public hearing for Item 7 at 8:16 p.m, Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Falk, seconded by Hedin to forward to the City Council a recommendation of approval of Resolution No. R -99, a resolution amending the Comprehensive Land Use Plan of the City of Andover to change the Land Use District designation from RU, Residential Urban Single Family, to RM, Residential Medium Density for DH Land Company at 13440 Jay Street NW Lot 5, Watts Garden Acres (PIN 34-32-24-43-0001). Motion carried on a 7-ayes, O-nays, O-absent vote. " / Regular Andover Planning and Zoning Commission Meeting Minutes - November 23, 1999 Page 17 D t'.,,,> .,., F T ~ iI I:. ~ : ,,1\ r~\ ~ , 1 / Chair Squires stated this appeared to be an appropriate use for this piece of property. He stated he has always personally believed that multiple family housing is a good transition between commercial and single family residential, and this is a good example of where that transition is appropriate. He added that the developer has demonstrated how the proposal is also compatible with the existing single family residential uses to the south, and does not present a greater detriment to them than even a single family use might. Motion by Dalien, seconded by Hedin, to recommend to the City Council approval of the Rezoning from R-4, Single Family Urban, to M-2, Multiple Dwelling, and adoption of Ordinance No. 8_, and ordinance amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated these items would be considered at the December 7, 1999 City Council Meeting. At this time, the Commission continued consideration ofItem 8, Planned Unit Development. Chair Squires asked if anyone would care to comment on this item. '\ There was no further public input. - -' Motion by Hedin, seconded by Jovanovich, to close the public hearing at 8:20 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Apel stated this area was a good use for the Planned Unit Development option. He indicated it was unlikely the area could be developed in good form without some concessions, and the developer has shown his efforts are worthwhile. Mr. Carlberg advised that with this item, the development standards, or variances, are a part of the Planned Unit Development. He indicated that the proposed development standards pertained to the R-4 Zoning District, therefore, when the Commission recommends approval of the Planned Unit Development, they are also recommending those standards be utilized, rather than listing each variance. Commissioner Hedin inquired regarding staffs recommendation. Mr. Carlberg stated there is no recommendation from staff on this item. He indicated that staff simply presents the facts to the Commission, and the Commissioners can determine if the proposal meets those requirements. \ / Commissioner Jovanovich stated she was familiar with a similar development off of Round Lake Boulevard, as well as the townhomes located behind the Sears building, and knew people who , \ CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION '. J DATE: November 23.1999 ITEM NO. 6 ORIGINATING DEPARTMENT Public Hearing: CPA 99-03 Land Use Change RU to RM 13440 Jay St NW DH Land Co. Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to review an amendment to the Comprehensive Plan to change the land use district designation from RU, Residential Urban Single Family to RM, Residential Medium Density. The proposed site is approximately 9.7 acres and is located at 13440 Jay StreetNW, legally described as Lot 5, W A TIS GARDEN ACRES. '\ . / The Comprehensive Plan Amendment is submitted in conjunction with a rezoning to M- 2, Multiple Dwelling, as well as PUD and Preliminary Plat for 34 twin homes and one existing single family detached home. Applicable Ordinances Minnesota State Statute Chapter 473.858 states, "If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan... after August 1, 1995, a local governmental unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan." Land Use Plan and Zoning Map l Often times, the land use plan and the zoning map are confused and thought to be the same. The land use plan is general in nature and long range, the zoning map is short range and precise. The land use plan sets the general guidelines for use by the Planning Commission and City Council in reviewing and evaluating development proposals. The zoning map is a tool to implement the land use plan. The land use map delineates the general land use areas by type, such as residential, industrial, and commercial. The zoning ordinance and accompanying map set forth and further refines permitted uses in each zone and establishes requirements for each use in specific zones. , 'I .J Page Two CP A 99-03 RR to RM 13440 Jay Street NW Adjacent Land Use Adjacent land use within 350' of the site includes the following: East South West . Commercial Blvd - C, Commercial- ANDOVER ST AnON - proposed banquet facility and office\warehouse. . Jay Street - RU, Residential Urban Single Family - ECHO WOODS. . RU, Residential Urban Single Family - PHEASANT MEADOWS . RU, Residential Urban Single Family - HIDDEN CREEK EAST 5TIl , North Comprehensive Plan The 1991 Comprehensive Plan identifies the following issues related to residential development: '\ .J 1) The City is experiencing tremendous pressure for development of residential opportunities. Although the City desires to provide opportunities for a variety of housing types, it is concerned with maintaining high standards of quality and aesthetics. 2) As residential development occurs, the City is concerned with the controlled extension of municipal services to ensure cost efficiencies. 3) As residential development occurs, the City is concerned with providing appropriate buffers between incompatible land uses. 4) As residential development occurs, the City is concerned with the provision of adequate public facilities including schools, police and fire protection, parks, connector streets, etc. 5) The City is concerned with the maintenance and preservation of its agricultural lands. The Plan identifies the following policies related to housing and residential land use: . The City shall encourage a variety of housing types including multi-family. . Planning and development of residential neighborhoods as units is encouraged. . Residential neighborhoods shall be developed to ensure the con~inuity of street patterns. . Residential neighborhoods shall be protected from adverse environmental impacts including noise, air and visual pollution. . Residential neighborhoods shall be protected from encroachment or intrusion of incompatible uses by buffering and adequate separation. . Planned unit development shall be allowed in order to: (1) preserve open space, (2) reduce unit land costs, (3) lessen the amount of new dedicated streets (thereby '\ / " J ~ , / Page Two CPA 99-03 RR to Rt\1 13440 Jay Street NW reducing on-going repair and snow removal costs), (4) lower utility costs (through reduced footage and hence lower maintenance costs), and (5) reduce additional runoff resulting from development. · Mid-density development shall be encouraged on a planned unit basis and shall specifically include provisions for traffic circulation that would mitigate adverse affects on existing single-family residential neighborhoods. General Review · The proposal would buffer commercial development to the north from single-family detached development to the south. · Density would increase by approximately 9 units under the proposed land use change. · Over story and under story plantings would be incorporated into the landscape plan to buffer the site from surrounding uses as depicted on the landscape plan. An average of $3,500 would be spent per unit on landscaping. · All units would be developed as a planned unit development (PUD) with mandatory home owners association regulating appearance, maintenance, nuisance and conduct Issues. · Vehicle trips per day would be less under the proposed twin home development then under a single family detached development. According to the Institute of Transportation Engineers (ITE) Trip Generation manual approximately 210 trips per day would be generated from the proposed development, compared to 248 trips per day under a single family detached development. · The proposed development will be discussed in further detail during the preliminary plat and PUD discussion. Commission Options The Planning and Zoning Commission has the following options: I. Recommend approval of the proposed land use change. 2. Recommend denial of the proposed land use change, citing those reasons for doing so. 3. Table the item pending additional information from staff or the applicant. Recommendation Staff recommends approval of the comprehensive plan amendment, subject to the approval by Metropolitan Council. '. / J '\ / Page Four CPA 99-03 RR to RM 13440 Jay Street NW Attachments · Resolution for Approval · Site Location Map . Site Pictures . Application · Notice of Public Hearing IJ@ City of Andover Sunridge Comprehensive Plan Amendment Change from . RU, Residential Urban to . .... i .... .. .. ..~ ... . .... RM, ReSiden.tial Medium Density ;... :>Z~~.it: .. ..... .... I At . -." ..... I . ... ~----i ,>+ ........,. '.. .... . ... ..~.. 'u " /1.<> ... .... ..............\ II,d ....... ... <..u}f- ........ .........12 .... .t~...... ............<....,<:...~ "............ .....1 ~~".... . 1135(J3.> __ _ __ _._ _ _ _ _ _ _.--, __.J. " ...............u ~f"'I..,." :l~ ALVD 1 /' --1 E ~ ~ ~ 2ll. ~- -i ~ :=@"-~~ j cr ~/~ l-;'--J !-':oJ- ~ I~ -1~-'_ __ ./ ',,-. -" '- \ ~'. o . \ .. ." , "'---...... -'- I ~;.~~ T~ ~ 2031 LEGEND r! Subject Property N Street Center lines o 350' Mailing Boundary f . .. . v. ~.~. "' / 1:140 ~5~ I- , I~ 9931981 !1i 196 19511939 1927 1915 ~03 ::i 134TH LN , 199'41982\970 19&8 1.,.46l93~~19fo lei8 1891 1a79l L3465~ /I~ 3:46 , ,,,\'3445 345 1!!74 3:4J;; 13442 1886 19l}3 \;71 Iv-' ~ l'13~ 1,231"111 rs99 ~7 nY5 rs63 .............. \' 95 '~r\ ., ~.~ /i z 0 -.J -.J ~ I- ~ .2 _133RD.A\lE _ ~ Rural Residential Residential Urban Single Family Residential Medium Density Residential Multiple Residential . Commercial ~ Industrial Public Open Space . .. Agricultural Water Features o Right-of-Way i+- '" -'-C, ~ t' ~ ;~ tC, ,,,,I Uf ~ '," - ~ LOCATIO:- t,.~ ~ I . I I I , . . ... .. ...- .... . . , . W..~.,y' ~~ 77 . 96 , \13509 ~ C 'f 1348 ~ ' 13497 _~, '" 134i... , 13485 ._/.. :c- 134. 13473 1M. 13461 ::- ~i\-\ LN.J~ 1/ .' 777." 1760 I- 1784 C/) .--I ::;;;ojjI T f!! 13395 !!l 'w~ J \ / ~ /r'\- , - N A Sources: Andover Engineering Andover GIS Anoka County GIS I inch 2 990 feet RF - I: 1I.883 Map Date: November 19, 1999 CITY of ANDOVER 1685 CROSSTOWN BOULEVARO NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 COMPREHENSIVE PLAN AMENPl\1E~ REQUE.ST FO~:': ....~.~ '.~.. ..' - . ..... ,. ,........~:......, .'-:';~-~.":-'....:'~./-./~??r:';';~','(~:~:fi~~:'?i~~~.-:t'::..-'::'~ Property Address Sou-lJ, we.sf{'OI'/Jfr o,C' ('t')/11/Y1,..rl"fA/6ft/d. 4/J(;( ::Ta'lS'-f-red Legal Description of Property: (Fill in whichever is appropriate) '. Lot FIve s- Block... Addition l'Wa #5/ rranjp--r ;1C/'"e.5l/ac~ordl;' '1: to (2 /1-1a.o 0'- -O/..Gtt-. 1:he/e. <;1+ 0/7 ~/e ~Jla .O-f /"~C""'C:L /rl ;If. e o-f'-nce .ol-F:. -f-~.e.. ~ 9 /-5-f-/"'0."- 0 ~ Tf f/~!S i/l a'1~ ~/' ~<IIO Kct . Co",,,, -f- 'I I /11,' /.) "? eJo7'q,., .... PIN: -3 </ '32 2.'/ Lf_~ ;-:;00 / . .... .. . _ . .. (If metes and bounds, attach the complete legal description) . Is the property Abstract or Torrens: (To verify this calI the Anoka County Office at (612) 323-5400 with the property PIN number) Abstract Torrens .>< J Reason for Request T (') FaLL F/Lt O~.v/.Na/1r P C)c/1-11P' , , ~. " .,? r f ?~s. , Current Land Use DistrIct it. ....>/..--:1;7- n//rl' Current Zorung R - Y Requested Land Use District If'/.V/ ?es-) &/1 -ha,//"fecfll'c/ /!,;1 7).....-?,J'? ~ Name of Applicant j) I-! l.a I1d {6/14/'7/1/7'1" :-Ide ,,' Address /..-?7/hO Ct1/df'/J/t7o'-.S1-/ee~ .dIw 4A/lJo#"r /JJ#' SS-?o<-j '\ / Home Phone w/?. 528 80CJQ Business PhoneblZ3ZB 8C!69 Fa'( ~/2 7S'7 Silo Signature Date " ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF Ai.'IDOVER COUNTY OF Al'iOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold public hearings at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, November 23, 1999 at the Andover City Hall, 1685 CrosstOml Boulevard NW, Andover, Minnesota to consider the following applications requested by D.H. Land Company: 1. Comprehensive Plan Amendment from RU, Residential Urban Single Family to RM, Residential Medium Density. . 2. Rezoning property from R-4, Single Family Urban to M-2, Multiple Dwelling. ) 3. Special Use Permit for a Planned Unit Development consisting of 34 townhomes and one single family residential lot. 4. Preliminary Plat of "Swuidge". 5. Special Use Permit for two area identification signs for "Suruidge". The property is generally located south of Commercial Boulevard N\V and west of Jay Street NW, and is legally described as follO\vs: Lot 5, Watt's Garden Acres, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota. Subject to the reservations of the State of Minnesota, in trust for the taxing districts concerned, of all materials and mineral rights therein, as provided by law. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at the Andover City Hall for review prior to meeting. \ ) Publication dates: November 12, 1999 & November 19,1999 :N'3224310009 ~. ,./ER ECONOMIC DEV AUTHORITY ) ROSSTOWN BLVD NW ~DOVER MN 55304 P~: 343224310009 ANDOVER ECONOMIC DEV AUTHORITY 1685 CROSSTOWN BLVDNW ANDOVER MN 55304 .-:-i: 343224310011 ~DOVER ECONOMIC DEV AUTHORITY i85 CROSSTOWN BLVD NW ~OVER MN 55304 P~: 343224340047 KOWALCZYK N1ARK S & SUSAN M 13426 NIGHTINGALE ST NW ANDOVER MN 55304 X 343224340048 . CKEEHAN MICHAEL S & CATHERINE 3440 NIGHTENGALE ST NW '1DOVER MN 55304 P~: 343224340054 FRANK DAVID & Mll.LER ELIZABETH 13409 NIGHTINGALE ST NW ANDOVER MN 55304 .N: 343224340055 . )SKOWIAK D J & HOLLAND M R ,20 134TH LN NW .'illOVER ivfN 55304 PIN: 343224340056 GROSZ PETER G 2006 1 34TH LN NW ANDOVER ivfN 55304 N: 343224340057 JonVALUE HOMES ~C \ O~ ,HH LN NW S fER MN 55304. P~: 343224340058 EASTWOLD SCOT R & NORMA E 2031 134TH LN NW ANDOVER ivfN 55304 :--I: 343224340059 =LSON GORDON T & CYNTHIA M A5 (35TH LN NW "DOVER MN 55304 P~: 343224340060 GUTZKOW JODY K & JA:--IKOWSKI R S 2055 135TH LANE NW ANDOVER iv~ 55304 ~: 343224340061 FFENBURG JENNY 65 135TH LN NW "DOVER rv~ 55304 P~: 343224340062 NORBECK SHAWN D & LISA K 2075 135TH LN NW ANDOVER MN 55304 ~: 343224340073 :RALTA VISTA ~C 55 RICE ST - PAUL iv~ 55113 P~: 343224410007 KOTTKES' BUS SERVICE ~C 13625 JAY ST NW ANOKA MN 55304 'l: 343224410008 )TTKES BUS SERVICE lNC 525 lAY NW , K / MN 55304 PIN: 343224420008 MISTELSKE CHARLES E 13576 JAY ST NW ANDOVER MN 55304 \(: 343224420009 STELSKE CHARLES E 576 JAY STNW mOVER MN 55304 P~: 343224420010 THE ANDOVER ECON DEVLPMT AUTH 1685 CROSSTOWN BLVD ANDOVER ivIN 55304 "N' ~43224430001 U. ) KURT W & SUSAN D JAY STNW "DOVER ~fN 55304 PIN: 343224430005 RADES VANCE E & LAURA K 13465 KILLDEER ST NW ANDOVER ~fN 55304 ~: 343224430006 3EIU..IOLLER V R & BLADE L D 445 KILLDEER ST NW 'lDOVER MN 55304 P~: 343224430007 GERHARDSONJfu~ffiSD 13433 KILLDEER ST NW ANDOVER MN 55304 ,,: 343224430008 JTHERfORD KEVIN J & RENEE L 442 JAY STNW mOVER MN 55304 P~: 343224430009 MULLIGfu'-l JOHN M & ANGELA M 13454 JAY STNW ANDOVER MN 55304 >I: 343224430010 .RTON JOSEPH E & JENNIFER J :66JAYSTNW -DOVER MN 55304 PIN: 343224430011 KUKOWSKI DARRELL J & V L 13478 JAY STNW ANDOVER MN 55304 i: 343224430012 ILUNG RUSSELL J & MELINDA M 4' 'TH LNNW , -ER MN 55304 PIN: 343224430013 HANSEN CRAIG H & MARY ANN 1982 134TH LN NW ANDOVER MN 55304 .: 343224430014 ~NER BRETT A & MICHELE o 134TH LN NW :JOVER MN 55304 P~: 343224430015 PNCGANN DARREN J & JEAN D 1958 134TH LN NW ANDOVER ~fN 55304 : 343224430016 \0 QINGHONG & ZHANG X~ 5 134TH LN NW JOVER MN 55304 PIN: 343224430017 LORENO JAMES A & NANCY A 1934 134TH LN NW ANDOVER MN 55304 .343224430018 .LAHAN JASON P & JENNIFER E ! 134TH LN NW )OVER MN 55304 P~: 343224430019 WHALEY JOSEPH 1910 134TH LN NW ANDOVER MN 55304 343224430020 "HER RICHARD D & ARVILLA M [34TH LN NW lC .'1 ~fN 55304 . / PIN: 343224430021 RAUSCH ERIC D & CHERYL A 1886 134TH LN NW ANDOVER ~IN 55304 343224430022 ES DENNIS R & BRENDA L 134TH LN NW OVER MN 55304 PIN: 343224430023 ZELLMAN BRADLEY S & KYMBERL Y S 1963 134TH LN NW ANDOVER MN 55304 [N- - \3224430024 0\ .S JA~IES E & ALLISON M ~: ,4TH LN NW :-IDOVER MN 55304 P~: 343224430025 MISCHEL DANIEL R & KERRY ANN 1939 134TH LN NW ANDOVER MN 55304 :N: 343224430026 ~SER JAMES A & TERRA A ~27 134TH LNNW :-IDOVER MN 55304 P~: 343224430027 OLLANKETO WADE J & HEIDI A I9I5134THLNNW ANDOVER MN 55304 .-N: 343224430028 :NSON TODD W & NEWVILLE J L 103 I 34TH LN NW "DOVER MN 55304 P~: 343224430029 ~IONEroCJ&C~EM I891134THLNNW ANDOVER MN 55304 N: 343224430030 .-SLASON TROY A 79 134TH LN NW \[DOVER MN 55304 P~: 343224430031 STRANDE GENE M & MARY J 1993 134TH LN NW ANDOVER MN 55304 :-I: 343224430032 ER DEBORAH J & KA&"lEY A A , '. 81, JTH LN NW ~rER MN 55304 . P~: 343224430039 HOEHLE WAYNE T 1983 134TH AVE NW ANDOVER [l,..lN 55304 'I: 343224430040 HNSON VAN A & JACQUEL~E L iI13-HHAVENW :DOVER ~~ 55304 PlN: 343224430041 MITCHELL PA TroCK M & KRIS L 195913-HHAVENW ANDOVER ['vlN 55304 \[: 343224430042 .I FARHANA J 47 l34TH AVE NW ;DOVER MN 55304 PIN: 343224430043 NELSON JAMES A & BRENDA L I935134THAVENW ANDOVER!'vlN 55304 i: 343224430044 'RY ROBERTA L & THOMPSON S V :3 134TH AVE NW DOVER ~fN 55304 PIN: 343224430045 LARSON KURT J & SHANNON K 1911 134TH AVE NW ANDOVER MN 55304 :: 343224430046 UD CHARLES G & ANN M 9 134TH AVE NW DC'R MN 55304 / P~: 343224430047 CHroSTIANSON roc HARD A & P J 1887 134TH AVE NW ANDOVER!'vlN 55304 : 343224430048 =:KOFF BRADLEY J & TERESA I 5134THAVENW JOVER MN 55304 PIN: 343224430049 roSTE MARK E & DUSHA DIANE M 1863 134TH AVE NW ANDOVER MN 55304 'DV ~~3224430072 T. .~ JULIE A & MARK A 3 KILLDEER ST NW ..NDOVER MN 55304 P~: 343224430073 FLAGSTAD KARSTEN S & JASON M 13420 JAY ST NW ANDOVER MN 55304 IN: 343224440022 UARBERG BRYAi'l"T& KA VILS- 3521 JAY STNW NDOVER MN 55304 P~: 343224440023 KREBS DEAN A & ANGELA K 135091AYSTNW ANDOVER MN 55304 '-<- "N: 343224440024 rLMORE CHRISTOPHER G ~497 lAY ST NW \JDOVER MN 55304 P~: 343224440025 GRAHAM COLLEnE F 13485 lAY ST NW ANDOVER MN 55304 N: 343224440026 'lSCH KENNETH 0 & SUSAN E 4731AY STNW mOVER MN 55304 p~: 343224440027 MARCOnE TODD & MONICA 134611AY STNW ANDOVER MN 55304 'i: 343224440028 IIEIA STEPHEN P & KRISTINE L u' 'IS ST NW I ;r . 'ER ~IN 55304 P~: 343224440029 RINERSON E 1 & FREDERICK WI 13472 IBIS ST NW ANDOVER ~~ 55304 I: 343224440030 :-'"NOW LISA J -80 [BIS ST NW DOVER ~fN 55304 P~: 343224440031 RADTKE RICKY 0 & CHRISTINE L 13488 IBIS ST NW ANDOVER ~~ 55304 .: 343224440032 :"LER JOHN G & DIANNE M 96 IBIS ST NW DOVER MN 55304 P~: 343224440058 ERICKSON HOLLY M 1784 134TH LN NW ANDOVER ~IN 55304 : 343224440059 _SON BRIAN 1 & SAMANTHA 1 2 l34TH LN NW JOVER ~fN 55304 , / " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , J DATE: December 7. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Rezoning 99-05 R-4, Single Family Urban to M-2, Multiple Dwellling SUN RIDGE \ I, DH Land Co. John Hinzman, City Planner Request r '\ The City Council is asked to review the request ofDH Land Company to rezone land from R-4, Single Family Urban to M-2, Multiple Dwelling. The proposed site is approximately 9.7 acres and is located at 13440 Jay Street NW, legally described as Lot 5, W A TIS GARDEN ACRES. , / The Rezoning is submitted in conjunction with a comprehensive plan amendment to RM, Residential Medium Density as well as PUD and Preliminary Plat for 34 twin homes and one existing single family detached home. Planning and Zoning Commission Action The Planning and Zoning Commission voted 7-0 to recommend approval of the request at the September 14, 1999 meeting with limited discussion. Please consult the attached staff report and minutes for more information. Attachments . Resolution for Approval . Planning and Zoning Commission Minutes - November 23,1999 . Planning and Zoning Commission Staff Report - November 23~ 1999 " / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF ~llNNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows (pIN 34-32-24-43-0001): 1) Rezone from R-4, Single Family Urban to M-2, Multiple Dwelling on approximately 9,7 acres legally described as Lot 5, WAITS GARDEN ACRES. NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 7th day of December 1999. ~ . / CITY OF ANDOVER AITEST: J.E. McKelvey, Mayor Victoria Volk, City Clerk , .. Regular Andover Planning and Zoning Commission A/eeting lv/inutes - November 23. 1999 Page 15 ~0 1\ r"T -...~ ;., ',~ ~\ r 4 PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (CPA 99-03) - RU, RESIDENTIAL URBAN SINGLE FAj"/ILY TO Ri.ll, RESIDENTIAL MEDIUM DENSITY _ SUNRIDGE - DH LAND COMPANY -13440 JAY STREET NW. PUBLIC HEARING: REZONING (REZ 99-04) REZONE FROM R-4, SINGLE FAMILY URBAN TO M-2, MULTIPLE DWELLING -SUNRIDGE -DH LAND COMPANY -13440 JAY STREET NW. Mr. Hinzman requested the Commission consider the Comprehensive Plan Amendment and the Rezoning in combination, as they are interrelated. City Planner, John Hinzman stated the proposed site is slightly less than ten acres in size. . He indicated the property is currently designated R-U, Residential Urban Single Family, and. the developer proposes to re-guide that under the Comprehensive Plan for R-M, which is the Residential Medium Density land use district. He stated in conjunction with this, the developer is requesting the property by rezoned from R-4, Single Family Urban, to M-2, Multiple Dwelling. \ Mr. Hinzman reviewed the applicable ordinances and the criteria presented. He noted that the zoning of a district could not be changed without changing the Comprehensive Plan designation. He advised that some of the criteria considered for the Comprehensive Plan and the Rezoning are similar. He indicated these criteria include the effects upon the health, safety and general welfare of the occupants of the surrounding land, the traffic and property valuation effects, etc. He advised the land use plan is more general in nature, and the zoning itself is more specific. . j Mr. Hinzman provided the Commission with pictures of the site, which indicated the general adjacent land use. Mr. Hinzman stated the City's Comprehensive Plan of 1991 is currently being utilized for these considerations. He pointed out that the City was proceeding to update the Comprehensive Plan, however, most of the comments related to residential developments are similar within the two plans. Mr. Hinzman stated that specific to this development, the City is experiencing a significant amount of growth and desires to provide opportunities for a variety of housing types. He indicated the City is concerned with maintaining high standards of quality and aesthetics. He stated, as high quality residential development occurs, the City is concerned with providing appropriate buffers between any incompatible land uses, and also providing for adequate public services and facilities. Mr. Hinzman indicated the Comprehensive Plan identifies policies related to housing and residential land use which indicate the City shall encourage a variety of housing types, including multiple family dwellings. The planning and development of residential neighborhoods as units is ~ encouraged, as well as continuity in street patterns. I .' Regular Andover Planning and Zoning Commission i'vleeting Minutes -November 23, 1999 Page 16 ~ ,.,-.\ ."....1"" T ~ ',;..-~ rm ; L..- . ... ., > ~ Mr. Hinzman indicated that residential neighborhoods shall be protected from adverse environmental impacts including noise, air and visual pollution. He stated residential neighborhoods shall be protected from encroachment or intrusion of incompatible uses. He advised that mid-density development shall be encouraged on a planned unit basis and shall specifically include provisions for traffic circulation that would mitigate adverse affects on existing single-family residential neighborhoods. Mr. Hinzman outlined the Commission's option for action, and indicated that staff recommends approval of the Comprehensive Plan Amendment and the Rezoning of the property. He noted the Comprehensive Plan Amendment is subject to final approval by the Metropolitan Council. Mr. Hinzman advised that at this time the Commissioners have before them the Comprehensive Plan Amendment and Rezoning for Sunridge, which require two separate actions. He suggested the respective public hearings be held simultaneously. Commissioner Hedin inquired how staff believes the Metropolitan Council will view the amendment to the Comprehensive Plan. \ J Mr. Hinzman stated he believed the Metropolitan Council would view this in a favorable light, as they have been examining creating more life cycle housing opportunities in the City, if they fit in well with transitional zones between the higher density commercial zones and the lower density residential zones. ilIotion by Daninger, seconded by Dalien, to open the public hearing for Item 6, Comprehensive Plan Amendment at 8:15 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Daninger, seconded by Falk, to open the public hearing for Item 7, the Rezoning from R- 4 to M-2, at 8:15 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. There was no public input. Motion by Daninger, seconded by Jovanovich, to close the public hearing for Item 6 at 8:16 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Daninger, seconded by Falk, to close the public hearing for Item 7 at 8:16 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Falk, seconded by Hedin to forward to the City Council a recommendation of approval of Resolution No. R -99, a resolution amending the Comprehensive Land Use Plan of the City of Andover to change the Land Use District designation from RU, Residential Urban Single Family, to ~ RM, Residential Medium Density for DH Land Company at 13440 Jay Street NW Lot 5, Watts Garden Acres (PIN 34-32-24-43-0001). Motion carried on a 7-ayes, O-nays, O-absent vote. Regular Andover Planning and Zoning Commission }yfeeting AI in utes - November 23, 1999 Page 17 " ) n~'>) ., FT ~ . I. .... ~.' : \ r~\ ~ Chair Squires stated this appeared to be an appropriate use for this piece of property. He stated he has always personally believed that multiple family housing is a good transition between commercial and single family residential, and this is a good example of where that transition is appropriate. He added that the developer has demonstrated how the proposal is also compatible with the existing single family residential uses to the south, and does not present a greater detriment to them than even a single family use might. Motion by Dalien, seconded by Hedin, to recommend to the City Council approval of the Rezoning from R-4, Single Family Urban, to M-2, Multiple Dwelling, and adoption of Ordinance No.8, and ordinance amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated these items would be considered at the December 7,1999 City Council Meeting. At this time, the Commission continued consideration ofItem 8, Planned Unit Development. Chair Squires asked if anyone would care to comment on this item. / There was no further public input. Motion by Hedin, seconded by Jovanovich, to close the public hearing at 8:20 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Apel stated this area was a good use for the Planned Unit Development option. He indicated it was unlikely the area could be developed in good form without some concessions, and . the developer has shown his efforts are worthwhile. Mr. Carlberg advised that with this item, the development standards, or variances, are a part of the Planned Unit Development. He indicated that the proposed development standards pertained to the R-4 Zoning District, therefore, when the Commission recommends approval of the Planned Unit Development, they are also recommending those standards be utilized, rather than listing each vanance. Commissioner Hedin inquired regarding staffs recommendation. Mr. Carlberg stated there is no recommendation from staff on this item. He indicated that staff simply presents the facts to the Commission, and the Commissioners can determine if the proposal meets those requirements. , Commissioner Jovanovich stated she was familiar with a similar development off of Round Lake ) Boulevard, as well as the townhomes located behind the Sears building, and knew people who , I CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: November 9,1999 ITEM NO. 7 ORIGINATING DEPARTMENT Public Hearing: Rezoning REZ 99-05, R-4 to M-2 13440 Jay Street NW Sunridge DH land Co. Planning John Hinzman City Planner Request . , The Planning and Zoning Commission is asked to review the request ofDH Land Company to rezone land from R-4, Single Family Urban to M-2, Multiple Dwelling. The proposed site is approximately 9.7 acres and is located at 13440 Jay Street NW, legally described as Lot 5, WATTS GARDEN ACRES. j The Rezoning is submitted in conjunction with a comprehensive plan amendment to RM, Residential Medium Density as well as PUD and Preliminary Plat for 34 twin homes and one existing single family detached home. Applicable Ordinances Ordinance 8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning), Ordinance No.8, Section 5.03(B) establishes the criteria for granting a special use permit. These same criteria have been utilized by the City in considering rezoning applications in the past. The criteria include the following: Effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land, Effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. \ ) Effect on values of property and scenic views in the surrounding area. Effect of the proposed use on the Comprehensive Plan. "- / Page Two Rezoning - R-4 to M-2 Sunridge Ordinance 8, Section 6.02 establishes the minimum length, width and size for property they are as follows: M-2, Multiple Dwelling: Lot Width at Front Setback Lot Depth Minimum District Area - 75 feet - 150 feet - 5,000 s.f. Adjacent Land Use Adjacent land use within 350' of the site includes the following: North · Commercial Blvd - GB, General Business - ANDOVER STATION - proposed banquet facility and office\warehouse. · Jay Street - R-4, Single Family Urban - ECHO WOODS. · R-4, Single Family Urban - PHEASANT MEADOWS · R-4, Single Family Urban - HIDDEN CREEK EAST 5TIl . East South West , J General Review · The proposal would buffer commercial development to the north from single-family detached development to the south. · Density would increase by approximately 9 units under the proposed land use change. · Over story and under story plantings would be incorporated into the landscape plan to buffer the site from surrounding uses as depicted on the landscape plan. An average of $3,500 would be spent per unit on landscaping, · All units would be developed as a planned unit development (PUD) with mandatory home owners association regulating appearance, maintenance, nuisance and conduct issues. · Vehicle trips per day would be less under the proposed twin home development then under a single family detached development. According to the Institute of Transportation Engineers (ITE) Trip Generation manual approximately 210 trips per day would be generated from the proposed development, compared to 248 trips per day under a single family detached development. · The proposed development will be discussed in further detail during the preliminary plat and PUD discussion. '\ ) \ .J ) \ ) Page Three Rezoning -R-4 to M-2 Sunridge Commission Options The Planning and Zoning Commission has the following options: 1, Recommend approval of the proposed rezoning. 2. Recommend denial of the proposed rezoning, citing those reasons for doing so. 3. Table the item pending additional information from staff or the applicant. Recommendation Staff recommends approval of the rezoning, Attachments . Ordinance Amendment · Location Map . Site Pictures . Application . Notice of Public Hearing ~ City of Andover Sunridge - Rezoning - - - _133RD-A\[E _ _ _ _ _ _ LEGEND , / .1 Subject Property /V Street Center Lines o 350' Mailing Boundary ~ R-1 - Single family-Rural R-1A - Manufactured Housing R-2 - Single Family-Estate ... R-3 - Single Famlly-S. uburban -~---- R-4 - Single Family-Urban M-1 - Multiple DweQing Low Density _ M-2 - Multiple D'weAng E3 LB - limited Busrness NB - Neighborhood Busmess CJ SC - Shopping Center ~ GB - General Business DI-Industrlal D GR - General Recreation N A Sources: Andover Engineering Andover GIS Anoka County GIS 1 inch = 990 feet RF -1:11.883 Map Date: November 19, 199 CITY of ANDOVER. ...1685 CROSSTOWN BOULEVARD N.,!,. . ANDOVER. MINNESOT~ 55304. (612) 75S-51 00 . -: . . .- . . ....-:..... "..,.. .... ........~.-...~..-.:.... _'":.:'..-~ - Leg3J. DesCription of~perty:.(FiU inwhicheverisappropri~y'. ..-.: .<:;':"::'<:-~""'."-=;::;':'-:.'."::'--;',':';'. ~::'i~::7_: . .... . - . ". . . '. . ~..-' : .' ~.., .!.... ~ " :. :~ ',' ';-:.' -'..- Lot -"::"/ve /si . Block . :'. A.d!liti~i1'Wa:'Hs-i G<i(;'d~h',4d.;e;i, r:r~&e"oi~'9 . -10 -li;e r/-1-4jOorLJl.at rH.-er~.c>r 01;7 -.1I'.~y.~. a/p~5>-,f ceco~c(/..:/7._..-...-T-1-e -..o.,c~>.~eo~f1;e. .. ..<'1N'Slr~r 0 r.7i'fle..r ,,z. a/Jd ri::1r.-A_^"O"C.~ C(?I,7~To/,:mJ~nf!!s:o"ll-~ _ . _.. '... _>... ._. . p.. : .~_:,.;:~~f ~~e~~ct~~"$~~:~e;r:~;~;~-I~i~~~~~tio~i":~,~{~::,/.:~,-.:.':'.:._.'::?:..~<;~~;?::~/~.:~> Is the property Abstract or Torrens: (To verify call the Anoka County Office at (612) 323-5400 with the property PIN number) . ., Torrens x- , j Abstract Reason for Request "0 ,cU.I (F/LL Ok' /')uvO/JI'"E' r-hClrJ'le.S Current Zoning R - '/ Requested Zoning M-2... LandUseDistrict(!LI~,f>~"';r - RUS/?CLE ;;;......,;~ 4-s- See CO/n,j PL~".J A-.D/?1!'d"':>/I'l(J"..Ir- ~o,R. ~,#? Ee. /d f?....TiC./ ~edriv....1Jr?-d'...,Ll Name of Applicant D.t.J (.AND C0M,IJ0/1'f .:TAlC Address /37~O Golde'7/'ocl,)Treer A/a! A/Vdot/f/" /'4#_ SS.30Y' \ J Home Phone ~n 328 800'1 Business Phone (Pll328 8X.>9 Fa'{ &/Z 75'7 -SIlo Signature Date '. J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF Ai'lOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold public hearings at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, November 23, 1999 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to consider the following applications requested by D.H. Land Company; 1. Comprehensive Plan Amendment from RU, Residential Urban Single Family to RM, Residential Medium Density. . 2. Rezoning property from R-4, Single Family Urban to M-2, Multiple Dwelling. , , / 3. Special Use Permit for a Planned Unit Development consisting of 34 townhomes and one single family residential lor. 4. Preliminary Plat of "Swuidge". 5. Special Use Permit for t\1(0 area identification signs for "Suruidge". The property is generally located south of Commercial Boulevard NW and west of Jay Street N\V, and is legally described as follows: Lot 5, Watt's Garden Acres, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota Subject to the reservations of the State of Minnesota, in trust for the taxing districts concerned, of all materials and mineral rights therein, as provided by law. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at the Andover City Hall for review prior to . meeting. irector ) Publication dates: November 12, 1999 & November 19,1999 )f '43224310009 \~ .- iVER ECONOMIC DEV AUTHORITY 6, .ROSSTOWN BL YO NW ,NDOVER MN 55304 P~; 343224310009 ANDOVER ECONOl'vtIC DEV AUTHORITY 1685 CROSSTOWN BLVD NW ANDOVER ~fN 55304 IN; 343224310011 .NDOVER ECONOMIC DEV AUTHORITY 585 CROSSTOWN BL YO NW .NDOVER MN 55304 PIN; 343224340047 KOWALCZYK MARK S & SUSAN M 13426 NIGHTINGALE ST NW ANDOVER MN 55304 IN: 343224340048 ICKEEHAN MICHAEL S & CATHERINE 3440 NIGHTENGALE ST NW :-mOVER MN 55304 PIN: 343224340054 FRANK DAVID & MILLER ELIZABETH 13409 NIGHTINGALE ST NW ANDOVER l'vfN 55304 ~: 343224340055 . OSKOWIAK D ] & HOLLAND M R )20 134TH LN NW .'lDOVER l'vIN 55304 PIN: 343224340056 GROSZ PETER G 2006 134TH LN NW ANDOVER l'vfN 55304 X 343224340057 00("'\ VALUE HOMES INC 0:... ~ ITH LN NW .'-1 fER tvIN 55304 PIN; 343224340058 EASTWOLD SCOT R & NORL\1A E 2031 134TH LN NW ANDOVER lvfN 55304 '<: 343224340059 =:LSON GORDON T & CYNTHIA M 45 135TH LN NW mOVER l'vIN 55304 PIN; 343224340060 GUTZKOW JODY K & JANKOWSKI R S 2055 135TH LA;-';E NW ANDOVER lvlN 55304 '-I; 343224340061 cFENBURG JENNY 55 135TH LN NW IDOVER MN 55304 PIN: 343224340062 NORBECK SHAWN D & LISA K 2075 135TH LN NW ANDOVER l'vfN 55304 ~: 343224340073 -R AL TA VISTA INC ;5 RICE ST PAUL l'v~ 55113 PIN: 343224410007 KOTTKES' BUS SERVICE lNC 13625 JAY ST NW ANOKA l'vIN 55304 . I: 343224410008 TTKES BUS SERVICE lNC 25 J<1Y NW Ok ;fN 55304 PIN: 343224420008 MISTELSKE CHARLES E 13576 JAY ST NW ANDOVER tvfN 55304 .: 343224420009 iTELSKE CHARLES E 76JAYSTNW JOVER MN 55304 PIN: 343224420010 THE ANDOVER ECON DEVLPMT AUTH 1685 CROSSTOWN BLVD ANDOVER MN 55304 'r1'" '.3214430001 lV' C KURT W & SUSAN 0 3. JAYSTNW .NDOVER MN 55304 PIN: 343114430005 RADES VANCE E & LAURA K 13465 KILLDEER ST NW ANDOVER MN 55304 IN: 343114430006 BER."IOLLER V R & BLADE L 0 3445 KILLDEER ST NW NDOVER MN 55304 P~: 343224430007 GERHARDSONJ~~SD [3433 KILLDEER STNW ANDOVER MN 55304 :N: 343124430008 UTHERfORD KEV~ J & RENEE L 3442 JAY ST NW NDOVER!'tfN 55304 P~: 343224430009 MULLIGAN JOHN M & ANGELA M 13454 JAY STNW ANDOVER MN 55304 .N: 343224430010 \RTON JOSEPH E & JENNIFER J 466 JAY ST NW '-SDOVER MN 55304 PfN: 343224430011 KUKOWSKI DARRELL J & V L [3478 JAY STNW ANDOVER MN 55304 N: 343214430012 JIl r '1\IG RUSSELL J & MELfNDA M , 94 ITH LN NW ./ 'ER MN 55304 PfN: 343114430013 HANSEN CRAIG H & MARY ANN 1981134THLNNW ANDOVER MN 55304 'i: 343114430014 "RNER BRETT A & M[CHELE iO 134TH LN NW ;DOVER ~fN 55304 P~: 3432244300[5 PNCGANN DARREN J & JEAN 0 1958 134TH LN NW ANDOVER ~fN 55304 -I: 3431244300[6 AO QINGHONG & ZHANG X~ 16 [34TH LN NW DOVER tvlN 55304 P [N: 3432244300 [ 7 LORENO JAMES A & NANCY A [934 [34TH LN NW ANDOVER MN 55304 ': 3432244300[8 LLAHAN JASON P & JENNIFER E 1 134TH LN NW DOVER tvfN 55304 PIN: 3432244300[9 WHALEY JOSEPH 1910 134TH LN NW ANDOVER MN 55304 : 343224430020 :HER RICHARD 0 & ARVILLA M 3 11"TH LN NW , ")c. ,R MN 55304 PIN: 343224430021 RAUSCH ERIC D & CHERYL A 1886 [34TH LN NW ANDOVER ~IN 55304 : 343224430022 )ES DENN[S R & BRENDA L . 134TH LN NW )OVER MN 55304 PIN: 343224430023 ZELLMAN BRADLEY S & KYMBERL Y S 1963 134TH LN NW ANDOVER MN 55304 :~ ~3224~30024 Jl,S JAMES E & ALLISON M ~5 HHLNNW ~DOVER MN 55304 P~: 343224430025 MISCHEL DANIEL R & KERRY ANN 1939134THLNNW ANDOVER MN 55304 "N: 343224430026 UoSER JAMES A & TERRA A 127 134TH LN NW 'mOVER MN 55304 p~: 343224430027 OLLANKETO WADE J & HEIDI A 1915134THLNNW ANDOVER MN 55304 ~: 343224430028 NSON TODD W & NEWVILLE J L 03134THLNNW mOVER MN 55304 p~: 343224430029 HARMON ERIC J & CARRIE M 1891134THLNNW ANDOVER MN 55304 :-1: 343224430030 SLASON TROY A 79 134TH LN NW mOVER MN 55304 p~: 343224430031 STRANDE GENE M & MARY J 1993134THLNNW ANDOVER MN 55304 -i: 3~3224430032 =:R n~BORAH J & KAfu'lEY A A , 31. ,rH LN NW ;[ =:R MN 55304 P~: 343224430039 HOEHLE WAYNE T 1983 134TH AVE NW ANDOVER ~~ 55304 ./: 343224430040 -lNSON VAN A & JACQUELINE L '1 134TH AVE NW DOVER ~IN 55304 p~: 343224430041 MITCHELL PATRICK M & KRIS L 1959 134TH AVE NW ANDOVER ~~ 55304 :: 343224430042 . F ARHANA J -7134THAVENW :)OVER MN 55304 PIN: 343224430043 NELSON JAMES A & BRENDA L 1935134THAVENW ANDOVER MN 55304 : 343224430044 ~Y ROBERTA L & THOMPSON S V 3 134TH AVE NW JOVER ~~ 55304 P~: 343224430045 LARSON KURT J & SHANNON K 1911 134TH AVE NW ANDOVER MN 55304 343224430046 JD CHARLES G & ANN M ) 134TH AVE NW X ). ~~ 55304 P~: 343224430047 CHRISTIANSON RICHARD A & P J 1887 134TH AVE NW ANDOVER MN 55304 343224430048 KOFF BRADLEY J & TERESA I - 134TH AVE NW 10VER!\I1N 55304 P~: 343224430049 RISTE MARK E & DUSHA DIANE M 1863 134TH AVE NW ANDOVER MN 55304 :i'I:-\3224430072 'L .' JULIE A & MARK A :<ILLDEER ST NW "DOVER r-.fN 55304 P~: 343224430073 FLAGSTAD KARSTEN S & JASON M 13420 JAY ST NW ANDOVER MN 55304 )I: 343224440022 .JARBERG BRYAN T & KA VILS- 521 JAY STNW 'illOVER MN 55304 P~: 343224440023 KREBS DEAN A & ANGELA K 13509 JAY ST NW ANDOVER MN 55304 . '-<- 'l: 343224440024 LMORE CHRlSTOPHER G ~97 JAY STNW (DOVER MN 55304 PIN: 343224440025 GRAHAM COLLETTE F 13485 JAY ST NW ANDOVER MN 55304 ~: 343224440026 !SCH KENNETH D & SUSAN E ~73 JAY STNW DOVER MN 55304 PIN: 343224440027 MARCOTTE TODD & MONICA 13461 JAY STNW ANDOVER MN 55304 :: 343224440028 IEJA STEPHEN P & KRISTINE L , 6.: 5 STNW / 'ER MN 55304 P~: 343224440029 RlNERSON E J & FREDERICK W J 13472 IBIS ST NW ANDOVER r-.fN 55304 : 343224440030 -1WW LISA J lO [BIS ST NW )OVER MN 55304 PIN: 343224440031 RADTKE RICKY D & CHRISTINE L 13488 IBIS STNW ANDOVER r-.fN 55304 343224440032 .LER JOHN G & DIANNE M i6 IBIS ST NW JOVER MN 55304 PIN: 343224440058 ERICKSON HOLLY M 1784134THLNNW ANDOVER MN 55304 343224440059 SON BRIAN J & SA."fANTHA J . 134TH LN NW JOVER MN 55304 , \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ ) DATE: December 7,1999 AGENDA SECTION Staff, Committees, Commissions ORIGINATING DEPARTMENT Todd Haas~ Parks ITEM NO. Approve Resolution Establishing Fees for Park Patrol for Associations \'1. REQUEST: The City Council is requested to approve the resolution establishing fees for associations for park patrol as recommended by the Park and Recreation Commission. The fee as proposed would be proposed to be $6.00 per night per field with the understanding the fee and park security would begin May 1, 2000 and basically would continue until about the middle of September which is about the time the associations are done for the year. ,- ~" Attached are the meeting minutes of the Park and Recreation Commission for your review, and also a job description of Park Security along with the appropriations as to the cost to have the park security. .j Also, the Commission is recommending that during tournaments (both adults and youth) on weekends the proposed fee would be $75 per day. Chairman Dave Blackstad will be at the meeting to present this item to the City Council. If you have any questions, feel free to contact Chairman Blackstad. Note: The park security individual most likely would be an individual hired through the Anoka County Sheriffs Department as a Community Service Officer. \ ) " j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ESTABLISHING FEES FOR PARK SECURITY FEES FOR THE YEAR 2000 WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: The following fees are hereby established: TYPE OF FEE FEE Park Security during regular use $6 per night Park Security (both adult and youth) for weekends $75 . , Adopted by the City Council of the City of Andover this 1999. 7th day of December I / CITY OF ANDOVER ATTEST: J. E. McKelvey Victoria Volk - City Clerk "- ) P ARK ATTENDANT (Job Description) . City Hall & Sunshine Parks Surveillance . Facility Security . Emergency Communications . Assure Appropriate Field Facility Usage . Turn Field Lights On/Off . Ordinance Enforcement (eg. Golfers, illegal parking/driving on trails, alcohol, etc.) . Gate Lock-down (recycle center) Alwropriations May 1st - June 30th 4 nights per week x 4 hours per night x 9 weeks x $15.00/hr $2,160.00 July 5th - Sept.20th 3 nights per week x 4 hours per night x 12 weeks x $15.00/hr $2,160.00 Accounts Receivable (based on a $6.00/field/night fee schedule) May 1st - June 30th 4 nights per week x 19 fields x 9 weeks x $6.00/field $4,104,00 July 5th - Sept.20th 3 nights per week x 4 fields x 12 weeks x $6.00/field $864,00 Weekends - $75.00 per day (complete complex) All fees would have to be paid prior to contract. PARK ATTENDANT. doc 11/ 18/99 Regular Ando....er Park and Recreation Commission Jleeting -"finutes - ,Vo....ember 18. 1999 Page 3 ICommissioni:r O'Tooli: stati:d that hi: would liki: to see the numbers before a di:cision is made. Commissioni:r Lindahl replii:d that if the park dedication fi:es were changed it would not impact this di:vdopmi:nt. Motion carrii:d on 5 - ayes, 1 - nays (O'Toole), 1 - absent (Holthus), and 0 - present vote. APPROVE 1999-1000 HOCKEY RINK SCHEDULE Mr. Haas stated that Staff has not received any applications for the use of the rinks as of yet. PUBLIC WORKS UPDA TE Mr. Haas stated that the issue will have to be discussed at a future Park Commission meeting. (DISCUSS THE POSSIBILITY OF PARK PATROL WITH VARIOUS ASSOCIATIONS Commissioni:r Grabowski stated that he would abstain from voting on the issue since he is a . ) reprcsi:ntativi: ofthi: Rum River Valley League. Miki: Benner. North yktro Soccer Association, stated that he understands what the Commission i:i trying to accomplish with hiring security for thi: parks and verified when the schedules would have to be submitti:d. Chairperson B lackstad noted that if a ci:rtain soccer association reserves a fii:ld and pays for the use of the field and than allows another association use of the field for that date, the two associations can discuss if they want to be paid back for the fees that have already been paid amongst themselves. N[r. Benner stated that the security guard will probably not catch golfers, but will help with the parking issues. Commissioner Grabowski replied that there are golfers in the evenings also. He also noted that how the associations decide to charge their players to cover the fee is irrelevant to the City. Commissioner O'Toole questioned if the parks will be patrolled until dark. Commissioner Grabowski replied that they will monitor the parks until 10:00 p.m, , " Linda Sexton. Anoka Junior Soccer Association, stated that their practices start in April, and '\. mainly use the fields during the da)<time for practice. "-commissioner Grabowski replied that the majority of the associations start May 1st. Regular Andover Park and Recreation Commission J/eeting .'vlinutes - Sovember 18. 1999 Page -I Ron \-[oore. Andover Soccer Association, questioned if they City is going to require security every time a team practices. Commissioner Grabowski explained that any field that is reserved as of May I" the associations will be charged a fee for security. ~lr. ~[oore stated that he is overwhelmed with the cost issue, since some of the fields are being rested even though they are reserved. Commissioner Anderson questioned how much rest time is included in the schedule. N1r. Moore replied that it depends on the schedule. Commissioner Anderson stated that the cost per kid will be very minimal, and the City will deal with issues as they are brought up since this will be the first year security is being used. ) Chairperson Blackstad explained that the City will be looking for x amount of games and x amount of practices per week and than a fee will be determined based on that schedule submitted and then the associations can pass the cost down to the players, then the season is taken care of. He suggested that the soccer associations use some of the outlying fields for practice. Commissioner Lindahl questioned if a field is not reserved and an association practices on the field, will they be asked to leave. Commissioner Grabowski replied no, as long as the field is not reserved by another team, but explained they want to avoid field usage of teams \vithout reservations. Mr. Benner wanted to verify that the cost will be $6.00 per night rather than $6.00 per usage. Commissioner Grabowski replied that the fee is $6.00 per usage. Mike Gamache. Andover Athletic Association, questioned about tield usage on Sunday nights, Commissioner Grabowski replied that they typically don't reserve fields on Sunday nights, but if it becomes an issue they will have to reserve them. Chairperson Blackstad stated that this is the first year security is being required and changes will probably have to be made. / A individual representing the Area Youth Softball Church League, explained that last year the league typically played on Sunday nights starting in mid June until August. Regular Andover Park and Recreation Commission ,\,feeting .Idinlltes - ,Vovember 18. 1999 Page 5 Commissioner Grabowski stated that if games are scheduled on Sunday nights then a fee needs to be determined. Chairperson Blackstad replied that the Commission will have to evaluate the situation. Commissioner Grabow'ski stated that it should be mandatory that if anyone schedules a game they have to help with costs of security. Steve Frietag, North y[etro Soccer Association, stated that there is usuaIly only a week notice for the coaches as to when practices are scheduled and questioned if they will be kicked of the fields if they are being used for practice. Chairperson Blackstad explained that in February the associations wiIl apply for fields, and then in April the fields will be reserved. Any usage starting May 151 is when the fees will apply. He explained that the problem usuaIly doesn't exist with practices, but when the games start. Commissioner O'Toole stated that he would like to sit down and determine exactly what the officers will need to be looking for and suggested having ajoint discussion with the associations on any concerns they might have. , J ' (J'"lotion by Lindahl, seconded by O'Toole, to approve the hiring of park security to be included in the City budget with the understanding the asSOCiations. will work out a funding arrangement. Motion carried on 5 - ayes, 0 - nays. I - absent (Holthus). and I - present (Grabowski) vote. S:VOWMOBILES Mark Christooherson. resident of The Meadows of Round Lake, stated that he was requesting the use of the park land between his property and Round Lake as a snowmobile access to the lake. He explained that he has used the land in the past for snowmobiling not knowing he was not suppose to. !vIr, Christopherson stated that he was open to suggestions from the Commission and noted that he would be willing to sign a waiver that would not hold the City liable for any injuries that may occur. Mr. Haas explained to the Commission that residents currently need approval from the City to gain access to the lake across park land. Commissioner O'Toole stated that the park land is a large area and affects a lot of homes, There would need to be a restricted trail that would allow him access from the house to the lake only, but not allow the whole park for snowmobile use, " , Chairperson Blackstad stated that he is concerned that people a couple blocks over will feel they can use the trail for access and then they have a problem with snowmobiles on City streets. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION .~ , / DATE: December 7. 1999 AGENDA SECTION Staff, Committees, Commissions ORIGINATING DEPARTMENT Todd Haas,~ Parks ~ ITEM NO. Schedule Special Joint Meeting with City Council & Park and Recreation Commission \8. REQUEST: The City Council is requested to schedule a special joint meeting with the Park and Recreation Commission. The two (2) items the Commission would discuss with the City Council are the park dedication fees for the year 2000 and the Park Capital Improvement Budget. Potential times for the special meeting could be as follows: ~ , , . Tuesday, December 14, 1999 at 8:00 p.m. after the City Administrator's review which is scheduled for 7:00 p.m.. Thursday, December 16, 1999 at 7:00 p.m. or 7:30 p.m. which is the same night the Commission has a regular scheduled meeting. . \ , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ., , DATE: December 7. 1999 / AGENDA SECTION ORIGINATING DEPARTMENT Staff, Committee, Commission Planning ITEM NO. Commissioner Reappointments Appoint Chairperson and \ctcting Chairperson David L. Carlberg Community Development Director The City Council is requested to direct Staff on how the Council wishes to proceed with the December 31, 1999 term expirations of the following Planning and Zoning Commissioners: Mark Hedin - Has served on the Commission for the past 9 months filling a vacancy created by Jeff Luedtke's resignation in March of 1999. Mr. Hedin has requested reappointment if the Council so desires (letter attached). \ Bev Jovanovich - Has served on the Commission for the past year filling a vacancy created by the resignation of Mike Gamache in January of 1999. Ms. Jovanovich has requested reappointment to the Commission (letter attached). Although the Council in the recent past has been interviewing for the vacancies created by the expiration of terms, Staff recommends that both Commissioners Hedin and Jovanovich be reappointed to new three year terms that will expire on December 31, 2002 at this time. Staff believes the make-up of the Commission, although somewhat inexperienced, is a very good one. This is based on the fact that five of the seven Commissioners were appointed in the last year and three of those had never served on any type of commission before. The City Council is also requested to appoint a chairperson and an acting chairperson for the Commission. Jay Squires has served as chairperson for the past two years and has indicated he would be willing to serve again at the wish of the Council. Maynard Apel has served as the acting chair for the past two years as well. Staff has discussed his reappointment with him and recommend Larry Dalien be appointed as the acting chairperson at this time. This recommended change is an attempt to bring other Commissioners experience levels up so they will be able to perform the chair position in the future. Mr. Dalien has the experience to fulfill the acting chairperson position. " , , j \ / / November 23, 1999 To: Andover City Council Dear Council, If it be your desire, I would be honored to continue to serve on the Planning and Zoning board. Sincerely, ~. )' /?1~t .{,')/e/: - MarkD. Hedin / November 10, 1999 Mr. John Hinzman Andover City Hall 1685 Crosstown Bldv. N.W. Andover, Minn. 55304 Dear Mr. Hinzman, I wish to have a continuity of remaining on the Andover Planning Commission. I feel with my experience, I give a balance to the commission. Thank you. 3~IY~O UO../\/"0U~ Bev Jovanovlch '\ , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: December 7,1999 AGENDA SECTION Staff, Committee, Commissions ORIGINA TING DEPARTMENT Planning ITEM NO. dO, North Suburban Housing Fair Participation Request John Hinzman, City Planner The City Council is asked to allocate $1250 for participation in the 2nd annual North Suburban Housing Fair to be held February 19,2000 at the Anoka Armory. Last years inaugural show was a success attracting over 50 local vendors and 1,000 people. Surveys collected indicated the fair was by helpful in planning home improvements. Sponsoring cities include Andover, Anoka, Champlin, Coon Rapids, Dayton, and Ramsey. Attached is a resolution authorizing the proposed expenditure. ~. Housing Fair Details Each sponsoring city would allocate $1250 towards operating expenses including hall rental, advertising, and printing. Booth rental fees charged to vendors are expected to cover over half of total expenses. Andover's net contribution is estimated to be $300. Last year over $1000 of the $1500 allocation was given back to the city. The Anoka Area Chamber of Commerce would manage the collection of all fees Space will be available for 50 home remodeling contractors and vendors, ranging from plumbing, heating, and electrical to landscaping, siding, and flooring. Home improvement seminars would be conducted, and information on city building requirements would be distributed. The fair would be advertised on local cable and newspapers. Benefits to Andover The remodeling fair would benefit owners of both new and existing homes. Nearly half of all homes in the City are 20 years or older, and may be in need of repair or remodeling. Owners of newly built homes could explore landscaping and basement refinishing options. \ ) , J \ J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION ALLOCATING FUNDING FOR THE NORTH SUBURBAN HOUSING FAIR WHEREAS, The 2nd annual North Suburban Housing Fair is scheduled for February 19, 2000 at the Anoka Armory; and WHEREAS, said home remodeling fair has served to educate homeowners about redevelopment and remodeling opportunities in the past. NOW THEREFORE, BE IT RESOLVED that the City of Andover approves participation in said home remodeling fair and authorizes $1250 towards fair expenditures from the contingency account. Adopted by the City Council of the City of Andover on this 7th day of December, 1999. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ; DATE: December 7.1999 AGENDA SECTION Staff, Committees, Commissions ORIGINATING DEPARTMENT Scott Erickson,){~ Engineering \fJ ITEM NO. Discuss Intersection of Bunker Lake Blvd./Crooked Lake Blvd. 41. UPDATE: As an update to the City Council's request for the Anoka County Highway Department to install a traffic signal at the intersection of Bunker Lake Boulevard and Crooked Lake Boulevard, the County will be discussing this issue at their Public Works Committee meeting scheduled for 10:00 a.m. on December 15, 1999. Discussions with the County Engineer, Mr. Jon Olson, have indicated that they would not be recommending a signal at this location. Mr. Olson had indicated that if the full amount of the traffic signal were funded by the City along with ongoing maintenance cost that they would review such a request. If the City chose to consider internally funding a traffic signal a funding source would need to be identified. The status of potential funding sources and current obligations will be presented at the meeting. " ) With the Council's concurrence we would continue to present this signal request to the County as a temporary installation necessary as a result of the Main Street Project which will utilize Bunker Lake Boulevard as a detour. " ; CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ , J DATE: December 7. 1 999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Administration Richard Fursman ITEM NO. ~. Approval of Union Contract REQUEST: The City Council is requested to consider again the adoption of the 2000/2001 union contract. The requested changes to the contract are listed with the memo. The terms ofthe contract which are recommended for approval have been put into the budget that was presented to the Council and public at the Truth in Taxation meeting, and is acceptable to the union. The complete listing of Union requests and my recommendations (Bold Italic) are reproduced for your review. , '\ , J Concerning Wage Rate Impacts At the special Council meeting when the union contract was initially reviewed, questions concerning the raise for the union members were raised. The amount of the raise and the impact of the contract language on the budget were questioned. The Council originally reviewed proposed wage applications on August 9, 1999. (See August 9, minutes) It was indicated that a goal of bringing every classification up to average pay for 1999 and then adding 3% in anticipation of wage adjustments for 2000 was built into the budget. The impact of such a policy would be approximately $134,000 (in wages and benefits) on the total budget. It was further indicated that due to the disparities with various job classifications, each job title may have a slight or larger variation. Some percentage increases were at 3% while others were in the range of 7% and a few were higher depending on the disparity between the individuals pay and the average trying to be reached. A listing of departments and the impact of wage and benefit adjustments on personnel services is included with this item for each department and function. It sltould he noted tltat tlte amount of adjustment in Parks includes a new accounting for engineering time used for tlte development of tlte park system. The impact of the 6.36% increase for the Union is about $2,200 per person in wages. The Andover union scale is presently 3.36% behind the average in the Metro area. The Metro Area is receiving on average, a 3% increase in union contracts for 2000. I have proposed taking salaries to the 1999 average by adding 3.36%, and then adding another 3% to match this years metro unions adjustments. This should put Andover right at the average for 2000. I believe this to be consistent with the Council's goal of maintaining Andover wages at the Metro Area average for each position. '\ ) Pay Equity Compliance Consideration: The other major consideration given to keeping eachjob classification in the "average" range has to do with the City's obligation to the Local Government Pay Equity Act. Simply put, by keeping with average pay ranges for each classification, Andover will maintain itself as a compliant employer and avoid required adjustments or penalties later in the year. (See Pay Equity Compliance Notice) 1. ARTICLE XXIII - Duration: Two Year agreement effective January 1,2000 through December 31, 2001. Yes, with the exception of wages and benefits. \ 2. i APPENDIX A - WAGES: Increase wage schedule by seven percent (7%) for the year 2000 and an additional seven percent (7%) for the year 2001. Close. 6.36% change on the step programfor the year 2000. Undeterminedfor the year 2001. 3. NEW ARTICLE - LONG TERM DISABILITY PLAN: Employer to pay for a Long Term Disability Plan for employees. Yes. 100% employer paid LTB plan. 4. ARTICLE X - OVERTIME: I) Comp Time Bank: Unlimited accumulation of comp time during calendar year with a carry over of 80 hours from year to year. Employees will be cashed out for all hours in excess of 80 hours on the fIrst pay check in December of each year. This is part of the personnel policy and will not be part of the contract. 2) Increase night shift pay (Section 10.7) to $1.25 per hour. There is already a 6.36% increase in pay. 3) Any call out without an eight (8) hour notice will be compensated at an additional one dollar ($1.00) per hour. ,. "- J Items 3&4 in this section will be handled through supervisor talks. 4) Any shift extension without three (3) hours notice shall be compensated at an additional rate of one dollar ($1.00) per hour. 5) Increase from three (3) hours to four (4) hours pay for pump house check. Recommend no change. 6) Hazard Pay shall be paid for sewer work and chemical spraying. This should be covered with appropriate clothing and protective gear 5. ARTICLE IX - WORK SCHEDULE: Section 9.5: When assigned Lead Supervisory pay compensation shall be paid at a rate of two dollars ($2.00) per hour. Instead of increasing lead pay, recognize the position of lead person as a permanent status with an additional $1.00 per hour applied to the union wage plan. Section 9.6: Pager Pay. Increase one and one-half (I 1/2) to two (2) hours. Recommend against '\ ) 6. NEW ARTICLE: Union members shall have the fIrst opportunity to work any overtime. Recommend against. Should be done on rotating basis. 7. ARTICLE XV - SENIORITY: Change the date in Section 15.4 to March 15th. Recommend Approval. "- 1 I 8. ARTICLE XX - V ACATlON/SICK LEA VE/ANNUAL LEAVE: The following notice should be given to the employer when requesting vacation: DURATION OF V ACA TION Two weeks or more One to two weeks Less than one week NOTICE 30 days 10 days 48 hours Two days or less notice for vacation is at the Supervisor's discretion. Recommend no change, or actually taking language out of contract. These issues should be dealt with department talks and not union language. 9. APPENDIX A - WAGES: New classification of Maintenance Department and pay scale implemented accordingly. (Position held by Ron Scott, carpenter) Recommend placing the individual permanently within the street department with lead person status. (Rather than creating new department) NEW: Double time pay on holidays for Pump House and Pager Compensation. Recommend Against 'I J NEW: Employees receiving any compensation over and above their regular salary shall have the option to convert it to comp time. Recommendfollowing personnel policy on comp time hours. NEW: Any employee working on Sunday shall receive Two (2) times their hourly rate of pay. Recommend Against. 10. ARTICLE XIX - INSURANCE: Employer to pay all increase in Insurance costs. Recommend Approvalfor year 2000. file:g!data/dept/adminlmemo/unionOO . , ; ,J \ / CITY of ANDOVER " SPECIAL ANDOVER CITY COUNCIL MEETING -AUGUST 9,1999 MINUTES A Special Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on August 3,1999,7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,Andover, Minnesota, to review the preliminary 2000 General Fund Budget. Councilmembers present: Councilmembers absent: Also present: \ ) Don Jacobson, Julie Johnson, Mike Knight, Ken Orttel None City Building Official, Dave Almgren City Engineer, Scott Erickson Finance Director, Jean McGann Finance, Brian Swanson Fire Chief, Dan Winkler Public Works, Kevin Starr and John Wallace Community Development Director, Dave Carlberg Park and Recreation Commission Chairperson, Dave Blackstad City Administrator, Richard Fursman Resident, Charlie Veiman PRELIMINARY 2000 GENERAL FUND BUDGET Mr. Fursman explained the goals of the evening are to agree on a preliminary rate for the year 2000 General Fund Budget, provide direction for the various programs, share concerns and ideas, and request further information or reports on specific programs. The expenditures projected for the year 2000 budget are up about $400,000, and the revenue is down about $100,000. That means there is an increasing cost for services and a decreasing amount of money coming in. The decrease is mainly due to transfers from other departments in 1999, which amounted to about $900,000. At a future workshop Staff will provide details on tax revenue projections as well as the projected 1999 budget surplus. Staff is also looking at optional revenue sources such as fee for services. In addition, he felt that in the next 12 months, the city will see the strongest growth of commercial building ever, which could add up to $200,000 in revenue in the Building Department. The proposed budget includes about $30,000 for elections, approximately $134,000 in wages and benefit adjustments, an approximately $50,000 increase in police protection, an increase of about $200,000 in street repairs and approximately $60,000 in capital equipment. , 'J Mr. Fursman stated Staff is recommending the Council set the tax rate at the maximum levy limit allowable by law, which is about a 4.1 percent increase. This has the net effect on a house valued at $150,000 of $1.62 per month or about $19 per year. \0 , Special Andover City Council Meeting Minutes - August 9, 1999 Page 2 " \ (Preliminary 2000 General Fund Budget, Continued) The Council discussed the impact of the 4.1 percent. It was thought that the county assessor will be adding about a 10 percent inflationary factor to homes and land in the City. Adding 4.1 percent on top of that becomes a substantial impact to the homeowner. In addition, it is anticipated School District II will be seeking a large bond referendum as well as increasing its general budget, all of which affect the overall taxes of the residents. The Council felt they need to look at the overall picture. Staff noted that if the tax levy is set at the maximum allowed, the levy can be reduced as the budget is finalized; however, that number cannot be increl!Sed once it is set. Councilmember Orttel wanted to review the 1999 budget closer regarding the transfers. It appears the threshold from this year includes those transfers, questioning whether that should be the case. Mr. Fursman stated direction is needed from the Council as to what is an acceptable limit. They have added a significant amount to the street budget and police to continue street maintenance and for public safety. The intent is to get a long life out of the street from the maintenance programs without having to go to the public with a special levy for them. Councilmember Jacobson generally agreed that the public needs to be able to see that they are getting something for their tax dollar. Councilmember Knight felt the top priority should be on police and streets. He asked if the police protection being provided has been evaluated recently as to whether or not it is adequate. . \ Mr. Fursman stated a year ago the police protection was increased from 40 hours to 56 hours of coverage assuming the City would get grants. One of those grants fell through, but that increase in protection was meant to carry the City through to the year 2002. The anticipated income that will be generated from commercial development is not included in the 2000 budget yet. Mr. Almgren predicted the number of building units for 1999 will exceed the projections, although he is predicting fewer units in 2000 than in 1999. Mr. Erickson also stated that as the City increases the amount of money spent on the storm sewer system, they will be evaluating the option of some type of assessment or utility charge for storm sewers. Mr. Fursman stated another idea being explored to generate revenue is to charge the youth teams who use the softball fields just as they are charged ice time for hockey and court time for basketball. Right now the City spends up to $100,000 per year maintaining the softball fields for youth atWetics. He suggested the Council may want to distribute that cost to those organized sports which primarily use the fields. The Council felt that idea needs to be approached very carefully as people generally expect the maintenance of the parks and ball fields with their tax dollars. Chairperson Blackstad stated only the City of Anoka charges the youth athletics for the maintenance of the ball fields. Councilmember Jacobson asked if there is a possibility of leasing rather than purchasing items in the budget. He also asked if it is a reasonable time for the City to consider establishing its own police department. Ms. McGann stated they will look into leasing. In October Staff will bring back a revised version with any additional revenue or unanticipated expenditures. At that time they will also be able to determine if there are any surplus funds from the 1999 budget that can be utilized for purchases in 2000. Mr. Fursman stated it would add 80 to 100 percent more to the budget for the \ I. , ) Special Andover City Council Meeting Minutes - August 9, 1999 Page 2 (Preliminary 2000 General Fund Budget, Continued) The Council discussed the impact of the 4.1 percent. It was thought that the county assessor will be adding about a 10 percent inflationary factor to homes and land in the City. Adding 4.1 percent on top of that becomes a substantial impact to the homeowner. In addition, it is anticipated School District 11 will be seeking a large bond referendum as well as increasing its general budget, all of which affect the overall taxes of the residents. The Council felt they need to look at the overall picture. Staff noted that if the tax levy is set at the maximum allowed, the levy can be reduced as the budget is finalized; however, that number cannot be increased once it is set. / \ j Councilmember Orttel wanted to review the 1999 budget closer regarding the transfers. It appears the threshold from this year includes those transfers, questioning whether that should be the case. Mr. Fursman stated direction is needed from the Council as to what is an acceptable limit. They have added a significant amount to the street budget and police to continue street maintenance and for public safety. The intent is to get a long life out of the street from the maintenance programs without having to go to the public with a special levy for them. Councilmember Jacobson generally agreed that the public needs to be able to see that they are getting something for their tax dollar. Councilmember Knight felt the top priority should be on police and streets. He asked if the police protection being provided has been evaluated recently as to whether or not it is adequate. Mr. Fursman stated a year ago the police protection was increased from 40 hours to 56 hours of coverage assuming the City would get grants. One of those grants fell through, but that increase in protection was meant to carry the City through to the year 2002. The anticipated income that will be generated from commercial development is not included in the 2000 budget yet. Mr. Almgren predicted the number of building units for 1999 will exceed the projections, although he is predicting fewer units in 2000 than in 1999. Mr. Erickson also stated that as the City increases the amount of money spent on the storm sewer system, they will be evaluating the option of some type of assessment or utility charge for storm sewers. Mr. Fursman stated another idea being explored to generate revenue is to charge the youth teams who use the softball fields just as they are charged ice time for hockey and court time for basketball. Right now the City spends up to $100,000 per year maintaining the softball fields for youth atWetics. He suggested the Council may want to distribute that cost to those organized sports which primarily use the fields. The Council felt that idea needs to be approached very ~arefully as people generally expect the maintenance of the parks and ball fields with their tax dollars. Chairperson Blackstad stated only the City of Anoka charges the youth athletics for the maintenance of the ball fields. Councilmember Jacobson asked ifthere is a possibility ofleasing rather than purchasing items in the budget. He also asked if it is a reasonable time for the City to consider establishing its own police department. Ms. McGann stated they will look into leasing. In October Staff will bring back a revised version with any additional revenue or unanticipated expenditures. At that time they will also be able to determine if there are any surplus funds from the 1999 budget that can be utilized for purchases in 2000. Mr. Fursman stated it would add 80 to 100 percent more to the budget for the ~ l Special Andover City Council Meeting Minutes - August 9, 1999 Page 3 (Preliminary 2000 General Fund Budget, Continued) City to have its own police department and provide the same coverage it receives now from the county. Ms. McGann stated an equipment bond will mature this year, but it was just replaced by another bond issue. Mr. Fursman stated that not all of the equipment has been purchased using the most recent bond issue, and it is possible there will be some changes. Councilmember Orttel asked about the increase in salaries. Mr. Fursman stated no across-the-board increase was given this year. Adjustments were made according to the averages in the metropolitan area. Last year they authorized a 2.9 percent across- the-board cost of living. This year the percentage increases range from 3 to 4 percent up to 6 or 7 percent, depending on how far behind that particular classification was from the average pay. Ms. McGann stated no new full-time positions have been added in the budget. The dollar amounts in the budget may change for each department because the percentages may change. Intergovernmental revenue is down by $30,000 because of the COPS grant. Discussion was then on the shrinking resources from the State. Mr. Fursman stated he is going to invite the City's state senator and representative to review the City's budget and to discuss state aid and fiscal disparities with them. Fiscal disparities was meant to provide to those communities with very little commercial, such as Andover; yet Andover is actually paying more in fiscal disparities than it receives. Also, the City's local governmental aid decreased by about $100,000. He didn't know how Andover compares with the rest of Anoka County. The Council felt that information may be valuable. It is as if the City is being penalized for being fiscally conservative. It was also suggested that some lobbying regarding fiscal disparities and state aid may provide some benefit for the City. Ms. McGann stated that at either the August 17 or September 7 meeting, she will bring back a resolution for the maximum levy increase. It can be adjusted after that point. The Council agreed. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 7:55 p.m. Respectfully submitted, '\IJ\~~L Marcclta A. Peach Recording Secretary '\ / City of Andover Budget Comparisons Budget Year 2000 PERSERV.XLS / GENERAL FUND PERSONAL SERVICES 1999 2000 1999 2000 DEPARTMENT BUDGET BUDGET BUDGET BUDGET Mayor/Council $ 76,854 $ 79,056 $ 34,400 $ 34,400 Newsletter 17,000 21,000 City Clerk 100,508 107,359 68,624 73,545 Elections 3,515 31,720 1,228 19,894 Administration 86,927 91,536 54,803 58,911 Financial Administration 215,006 220,048 161,064 162,262 Auditing 8,600 9,500 Assessing 76,000 78,336 Attorney 107,900 108,120 Planning & Zoning 200,252 215,250 142,758 157,041 Data Processing 66,550 97,075 City Hall Building 67,900 70,539 Firestation Building 53,750 54,200 Equipment Building 16,150 20,806 Public Works Building 246,343 267,818 City Hall Garage 1,875 2,592 Senior Center 12,180 12,433 Engineering 416,570 386,734 296,529 274,874 Police 1,012,092 1,062,430 Fire Protection 669,012 598,949 254,089 259,276 Protective Inspection 324,694 324,285 221,116 234,171 Civil Defense 12,712 13,432 2,586 2,714 Animal Control 13,325 12,105 Streets 985,030 1,083,977 106,191 112,926 Snow/Ice 440,267 467,637 183,280 195,930 Storm 150,486 124,361 37,760 41,247 Street Lighting 36,200 36,400 Street Signs 108,736 112,099 44,290 47,170 Traffic Signals 25,000 30,000 Street Lights- Billed 113,700 134,700 Tree Preservation 19,909 21,040 3,494 4,077 Weed Control 18,950 20,193 5,908 6,568 Parks 585,875 551,156 228,515 277,456 Sunshine Park 26,442 31,917 Recycling 94,999 95,885 42,356 41,800 Unallocated 83,800 128,312 Other Fin. Uses 35,000 40,000 TOTALS $ 6,530,109 $ 6,762,998 $ 1,888,993 $ 2,004,261 \ / Page 1 , \ / City of Andover Budget Comparisons Budget Year 2000 PERSERV.XLS PERSONAL SERVICES 1999 2000 DEPARTMENT BUDGET BUDGET Sewer - Administration S 28,614 S 35,714 Sewer - Collection 96,323 113,283 Water - Administration 28,614 31,475 Water - Distribution 138,162 157,978 TOTALS $ 291,713 $ 338,451 j \ ; Page 1 f- " / '< tll "'0 "'0 Z ~ 0 (1) < el. (1) tll 3 ...... CJ 0- (1) (1) Q.. ;;>.. ..., . (1) -" 'I -" ~ ~ ~ ", / ^ ()~ o (1) 3 ~ 3' . -. () ~ III o'~ :l (1) (1) :l ..., - (1) ..., \ , / OQ -< ~ 0 (1) C tll ~ ::!. n o o "'0 (1) ~ tll :::!'. o :::::l :::::l n o 3 ~ ~. :::::l OQ ~ ;::;: ::r ...... ::r (1) o n tll. OQ o < (1) ~ :::::l 3 (1) :::::l ...... "'0 tll '< (1) ..c c -. ...... '< ~ (1) ..c c -. ~ (1) 3 (1) :::::l ...... V> V> (1) ..c c ...... '< ~ (1) "'0 o ::+ 0 ~ =.8 '.J -' n -. 1..0 tll 1..0 -' -l C) 0 ::r < -. (1) V> ~ :::::l :::::l 0 3 :::!'. (1) n :::::l (1) ...... V> ""0 tll tll '< ~ m ffi..c c ~. .....;::::;-,....... o '< .......)> tll n :::::l ...... o ....... '< o c ~ 1..0 1..0 1..0 "'0 tll '< 3: Vl 0' ~ , ,C'~, }" ~:: ~"~ .: ~ . ': ~':~i . .~~:~:- · - . " ~ :.',~~'>~~ "". "'~""'2''"'''''''' '~'''''-'' .. ~:~':., .; ", . .., a ~. '-:? ~ .~ ;:s .~ c ~ ~ "'0 ~ (1) V> (1) :::::l ...... (1) Q.. ~ ~ ~ ~ ~. '-:? ...... o ~ a ~ ~. CJ~ a ~ ~~ ~ ~ ~. ~ ~ ~ ~ - , , ) 60R .".. AGRE~tv)~ ~~ BETWEEN THE CITY OF ANDOVER AND , , , ) MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL #320 REPRESENTING: MAINTENANCE WORKERS AND MECHANICS ~~ ~~ JANUARY 1, 4-9982000 - DECEMBER 31, 4-9992001 ." 11/499 , CONTRACT/ANDOVER / , ) TABLE OF CONTENTS (The page numbers have intentionally been left blank and will be added in on the final draft.) ARTICLE ) I II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XVIII XIX XX XXI XXII XXIII XXIV , J / PAGE PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNION SECURITY.... .. .................................... EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EMPLOYER AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ................. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SAVINGS CLAUSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WORK SCHEDULES ......................................... OVERTIME PAY.. . . ... . .... . ... . ...... ....... . " . ......... .. CALL BACK. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . LEGAL DEFENSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RIGHT OF SUBCONTRACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DISCIPLINE ................................................ SENIORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PROBATIONARY PERIODS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SAFETY ................................................... JOB POSTING: TRANSFERS AND PROMOTIONS, . . . . . . . . . . . . . . . . . INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VACATION/SICK LEAVE/ANNUAL LEAVE ........................ HOLIDAYS ................................................. LONG TERM DISABILITY INSURANCE .......................... WAIVER ................................................... DURATION .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPENDIX A - WAGES FOR 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPENDIX B - WAGES FOR 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ) LABOR AGREEMENT BETWEEN THE CITY OF ANDOVER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL #320 ARTICLE I. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Andover, hereinafter called the EMPLOYER, and Minnesota Teamsters Public and Law Enforcement Employees' Union, Local #320, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and ; 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II. RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications listed below who are public employees within the meaning of Minn. Stat. 179A.03, Subdivision 14, excluding supervisory, confidential and all other employees: Maintenance Worker Mechanic ARTICLE III. UNION SECURITY In recognition of the UNION as the exclusive representative the EMPLOYER shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and \ / 3.2 Remit such deduction to the appropriate designated officer of the UNION. , 1 , j 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE IV. EMPLOYER SECURITY The Union agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V. EMPLOYER AUTHORITY \ , ) 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION snail notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. '\ ,. 2 ) 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1 , \ Step 2 " ) / An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT, shall within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. 3 \ / Step 3 Step 4 If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. A grievance unresolved in Step 3 and appealed shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator. shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 ARBITRATOR'S AUTHORITY A. \ , , The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. c. ". The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 4 I / 6.7 , \ 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 3, the grievance remains. unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of ARTICLE VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of ARTICLE VI the grievance is not subject to the arbitration procedure as provided in Step 4 of ARTICLE VL The aggrieved employee shall indicate in writing which procedure is to be utilized - Step 4 of ARTICLE VI or another appeal procedure - and shall sign a statement to the effect that the choice of another hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of ARTICLE VI. ARTICLE VII. DEFINITIONS 7.1 UNION: Minnesota Teamsters Public and Law Enforcement Employees' Union, Local #320. 7.2 EMPLOYER: City of Andover. 7.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local #320. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 7.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE" - RECOGNITION. Employees who are promoted from a job classification covered by this AGREEMENT and return to a job covered by this 5 ~/ AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and layoff and total length of service with the EMPLOYER for other benefits under this AGREEMENT. 7.7 SEVERANCE PAY: Payment made to any employee upon honorable termination of employment. 7.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.9 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 7.10 LUNCH BREAK: An unpaid period during the scheduled shift. 7.11 ON-CALL DUTY: When employee is required by the Employer to be available on call after normal working hours (Article 9). On call employees must be able to be within 20 minutes of shop during non-inclement weather conditions. . "\ .I 7.12 WEEKEND DUTY: When an employee is required by the Employer to perform utility checks and tests on Saturday, Sunday and Holidays. 7.13 LEAD PERSON: An employee that is assigned to perform supervisor duties. during the supervisor's absence. (Lead Person Pay - Article IX, Section 9.5). ARTICLE VIII. SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX. WORK SCHEDULES 9,1 The sole authority for work schedules is the EMPLOYER. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. \ / 6 I / 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 7:00 - 3:30 day. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours, however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. 9.5 When assigned Lead Supervisory duties, employees shall be paid an additional $+.-56 $1.25/per hour; for all hours worked. Lead Person shall be as defined in Article VII, Section 7.13. 9.6 Pager Pay: Shall be as per the following: (Refer to Definition Article, Section 7.11 _ . \ On-Call Duty). , / 1.5 hours regular pay for weekday 1.5 hours regular pay Saturday 1.5 hour regular pay Sunday 2 hours regular pay holidays 4 hours regular pay for New Year's, Independence Day, Thanksgiving Day, and Christmas Day. The preceding shall be compensated at Pay Level 5 for each applicable employee. ARTICLE X. OVERTIME PAY 10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1Y:z) times the employee's regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. All overtime will be done by Union personnel on a seniority basis within each division. .\ 10.3 Overtime refused by employees will for record purposes under ARTICLE 10.2 be 7 1 / considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 10.5 Weekend Duty: The Employer shall pay any employee required by the Employer to perform daily checks on Saturday, Sunday and/or holidays, three (3) hours of overtime pay at the level five rate. Any work performed beyond three (3) hours will be paid at the employee's regular rate of overtime pay. 10.6 On Call Duty: The Employer shall pay any employee required by the Employer to be available on-call after the normal work day in accordance with Article 9.6. 10.7 Night Shift: Employees assigned by the Employer to work the night shift shall be. paid an additional seventy-five (.7 5rt) per hour for each hour so assigned. ARTICLE XI. CALL BACK An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1 Y2) times the employee's base pay rate. ~ , / ARTICLE XII. LEGAL DEFENSE 12.1 Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIII. RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIV. DISCIPLINE \ / 14.1 The City will discipline, suspend or dismiss employees for just cause only. The following are deemed appropriate forms of discipline; however, the level and order 8 , , / of discipline shall be at the discretion of the City, based upon the nature of the infraction: 1) Oral reprimand and warning; 2) Written reprimand; 3) Suspension without pay; 4) Demotion; or 5) Discharge. 14.2 Written reprimands, suspensions and terminations shall be issued in writing and signed by the employee before being placed in their personnel file. 14.3 In accordance with Minnesota Statute, an employee may request a written statement of the reasons for discharge from employment within 5 working days of. such discharge. 14.4 Disciplinary action may be carried out by the appropriate supervisor. Additionally, a supervisor may temporarily relieve an employee of duties for the remainder of a shift or work assignment with pay. 14.5 Disciplinary action may be carried out by the City Administrator, or designee. , / 14.6 The City Council shall take final action relative to the discharge of an employee, if the discharge is contested. 14.7 This Article shall apply to full-time and part-time employees. ARTICLE XV. SENIORITY 15.1 Job classification seniority will be the determining criterion for lay offs when the job- relevant qualifications between employees are relatively equal. 15.2 Job classification seniority will be the determining criterion for recall when the job- relevant qualification factors are relatively equal. Recall rights under this provision will continue for twenty-four (24) months after layoff. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. 15.3 The EMPLOYER shall prepare and post a seniority list each year by January 20th. The Union shall receive a copy of this list. '\ / 15.4 Vacation periods shall be selected on the basis of seniority until Apfit March 15th of each calendar year. The number of employees allowed off on vacation shall be 9 , / determined solely by the EMPLOYER. 15.5 Seniority means that employees total length of service with the City of Andover. 15.6 Classification seniority: Total length of service within a specific job classification. ARTICLE XVI. PROBATIONARY PERIODS 16.1 All newly hired or rehired employees will serve a six (6) months' probationary period. 16.2 All employees will serve six (6) months' probationary period in any job classification in which the employee has not served a probationary period. 16.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. . J ARTICLE XVII. SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII. JOB POSTING: TRANSFERS AND PROMOTIONS 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 18.11 have the necessary qualifications to meet the standards of the job vacancy; and 18.12 have the ability to perform the duties and responSibilities of the job vacancy. 18.2 Provide the most qualified senior employees first chance for promotions, (including Lead Worker and temporary assignments) transfers, (including temporary job assignments) and equipment assignments. J 10 ) 18.3 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBATIONARY PERIOD). 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit wi/I be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX. INSURANCE 19.1 The CMPlOYCR Nill contribute up to a maximum of thrce hundred forty fi~e dollars ($:345.00) j:ler month j:ler full time employee for ~reup health and life insurance including dependent cOv'erage. For the year 2000, the Employer shall pay for all increases in insurance for full-time employees group health and life insurance including dependent coverage. The year 2001 will remain open for negotiations. , \ 19.2 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance other than the individual group health and group life insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. , j 19.3 Permanent part-time employees who are regularly scheduled to work thirty (30) hours or more per week wi/I receive pro-rata benefits under this ARTICLE. ARTICLE XX. VACATION/SICK LEAVE/ANNUAL LEAVE 20.1 Employees must pick one of the two options listed below: OPTION #1 SICKNACATION o - 5 years: 6 - 10 years: 11 years: 2 weeks vacation/12 days sick 3 weeks vacation/12 days sick 4 weeks vacation/12 days sick OPTION #2 ANNUAL LEAVE \ ) o - 2 years: 3 weeks.........................(15 days) II , ) 3 - 4 years: 5 - 9 years: 10 years: 3 weeks and 3 days......(18 days) 4 weeks.........................(20 days) 5 weeks.........................(25 days) 20.2 Employees selecting Option #1 shall be allowed to accumulate up to a maximum of 200 hours vacation leave. Employees selecting Option #2 may accumulate annual leave to a maximum of 200 hours. Employees shall forfeit any vacation or annual leave accumulations at the anniversary date in excess of the allowable maximum. 20.3 An employee's initial date of employment shall be used to determine the appropriate hours of vacation leave or annual leave to be accrued. 20.4 Vacation leave or annual leave may be used as earned with advance prior approval of the employee's supervisor and/or Department Head. However, vacation leave or annual leave may be denied or approval withdrawn when the granting of such vacation leave or annual leave would result in insufficient personnel to carry out necessary functions as deemed appropriate by the City. \ 20.5 An employee who leaves the employment of the City in good standing shall be compensated for vacation leave or annual leave accrued and unused at the time of the termination. An employee who does not complete 6 months of the probationary period shall not be eligible for compensation in accordance with this clause. ./ 20.6 An employee shall not be permitted to waive vacation leave or annual leave for the purpose of receiving double pay. 20.7 Rate of accrual: Full-time employees who have selected Option #1 shall earn sick leave at the rate of 3.69 hours for each 2 weeks of service. An employee shall be eligible to use sick leave as accrued and accumulated, in accordance with the sick leave policy. 20.8 Sick Leave Usage: Sick leave may be granted for personal injury, illness, legal quarantine, or preventive medical care, if such preventive medical care cannot be handled outside the employee's normal work hours. The City may grant sick leave usage in the event of illness in the immediate family; however, the City reserves the authority to determine the appropriate usage and number of days of sick leave for illness in the immediate family. 20.9 Employee Responsibility: Each employee is responsible to contact the appropriate supervisor, within a reasonable time, with the reason for requesting usage of sick '- leave and to keep the appropriate supervisor informed on the usage of sick leave. I 12 , ) 20.10 Medical Doctor Certificate: The City may request, at any time, that an employee provide a medical doctor's certificate including verification of illness or use of sick leave and/or ability to return to work. 20.11 False Claims: An inappropriate claim of sick leave may be cause for disciplinary action up to and including discharge. 20.12 Sick Leave Severance Program: Upon termination of employment, an employee in good standing, or legal beneficiary, shall be eligible to receive a lump sum payment in accordance with the following schedule: 20.13 An employee's unconverted sick leave shall be placed in a banked sick leave account which may be used by the employee under the following circumstances: (1 ) The City may grant the use of banked sick leave if the employee has exhausted all annual leave and has been absent from work for 2 consecutive days in the event of a serious illness in the immediate family, employee's illness or injury, or the injury or illness of the employee's child; however, the City reserves the authority to determine the appropriate usage and number of days of sick leave for serious illness in the immediate family. \ , / (2) The City may require that the employee provide a physician's statement certifying the illness or injury prior to granting the use of banked sick time. (3) Employees shall be paid up to 400 hours for unused sick leave at time of termination of employment from the City, provided the employee leaves the City under favorable conditions and in good standing. The following schedule shall be used in the determination of pay-off: 20% - 40% - 50% - two (2) through five (5) years service time six (6) through nine (9) years service time ten (10) years service time 20.14 Accrued Sick Leave: Employees with 800 or more hours of accrued sick leave may elect to convert up to the lessor of 96 hours or the amount exceeding 800 hours to vacation at a rate of 50%. In no event shall an employee use this provision to convert sick leave to more than 48 hours of vacation. Such an election must be made during the month in which the employee's anniversary date falls. , , ) 20.15 Extended Illness: Extended illness which continues beyond the limits of any 13 '\ / employee's paid sick leave accrual may be considered for coverage. A supervisor wishing to recommend such a consideration should send a written recommendation to the City Council for a final determination. If extended sick pay is approved, one of two options will be available for extending sick leave pay. (1) The extended sick pay will be charged against the employee's future sick leave accrual which will resume under the usual stipulations when the employee returns to work on a permanent full-time basis, or; (2) Extended sick pay may be granted through the voluntary donation and transfer of accrued sick leave from other employees. An employee may donate up to a maximum of ~ days. An employee may receive up to 30 workinq days sick leave for anyone occurrence. Sick leave shall be donated and received on an hour for an hour. basis. No consideration for differences in wage rates shall be applied to the transfer. Before the extended sick pay begins, all of the employee's vacation, compensatory time and floating holiday must have been taken, either prior to or during the illness. . " .J 20.16 FUNERAL LEAVE: Employees shall receive three (3) days paid leave for the fOllowing family members: Mother Children Grandparent Father Brother Husband Sister Wife Grandchild ARTICLE XXI. HOLIDAYS 21.1 A full-time employee shall be provided the following paid holidays except as otherwise provided in this section: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving 1 Floating Holiday Christmas Day' 21.2 Whenever one of the above listed holidays falls on a Sunday, the following day " shall be observed as a holiday, and whenever one of the above listed holidays falls ) 14 \ ) on a Saturday, the preceding day shall be observed as a holiday. 21.3 If a non-exempt employee is scheduled to work on Christmas or Thanksgiving, the employee shall be compensated for the time worked at two times the employee's regular base hourly rate of pay for those hours actually worked on such special holiday, in addition to their holiday pay. Additionally, if a non-exempt employee is scheduled to work on Easter, the employee shall be compensated for the time worked at two times the employee's regular base hourly rate of pay for those hours actually worked. 21.4 Any other holidays worked shall be paid at time and one-half (1-1/2) times the employee's regular base hourly rate of pay for those hours actually worked on such holiday. ARTICLE XXII. LONG TERM DISABILITY INSURANCE The Employer shall pay for a long term disability plan for all employees. ARTICLE XXIII. WAIVER \ ) 23.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations . regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 23.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. \ / 15 '\ ) . , , J , / ARTICLE XXII. DURATION This AGREEMENT shall be effective as of January 1, 4-998 2000 and shall remain in full force and effect until the 31st day of December, +9992001. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , +9992000. CITY OF ANDOVER MINNESOTA TEAMSTERS LOCAL #320 16 'j , ) APPENDIX A WAGE RATES FOR THE YEAR 2000 (Reflects a 6.36% Increase) MAINTENANCE WORKER STEP PROGRAM Probation Step 1 Step 2 Step 3 Step 4 Step 5 HOURLY RATE $13.5896 $14.4958 $15.4019 $16.3071 $17.2133 $18.1194 ANNUAL RATE $28,266.40 $30,151.27 $32,036.14 $33,918.84 $35,803.67 $37,688.54 MECHANICS STEP PROGRAM Probation Step 1 Step 2 Step 3 Step 4 Step 5. HOURLY RATE $14.4564 $15.4200 $16.3836 $17.3473 $18.3109 $19.2724 ANNUAL RATE $30,069.42 $32,073.75 $34,078.08 $36,082.42 $38,086.75 $40,086.66 I Weekend Duty: The EMPLOYER shall pay any employee required by the EMPLOYER to perform daily checks on Saturday, Sunday and/or holidays three (3) hours overtime pay per hour at Level 5 rate for each day scheduled. Weekend Duty referred under Definition Article, Section 7.12. Maintenance Department: City Maintenance Position will be a lead position. This position will be assigned from the City Street Department. Seniority will be maintained within the City Street Department. , , J 17 '\ / APPENDIX B WAGE RATES FOR THE YEAR 2001 Wages rates for the year 2001 are to be opened for negotiations in the year 2001. . , / \ ) 18 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION - ': 'j DATE: December 7.1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Administration Richard Fursman ITEM NO. a3 . Approve Sheriff's Contract/2000 Request: The City Council is requested to consider approving the Sheriffs contract for 2000. The contract is identical to the 1999 contract with the exception of cost. The 99 contract amount was $1,012,092. The 2000 proposed contract is $1,062,430. The plans to move forward in 1999 with 56 hours of coverage did not occur until late fall. The failure of the COPS grant proposal delayed the hiring of the full compliment of deputies. The COPS grant was finally awarded with an additional $150,000 for the new hires to be paid over the next 36 months. It should be noted the contract includes money for a liaison officer for Oakview Middle School. This ' " / issue was left undetermined as the Council considered the worth of the program. Staff from the Sheriffs office, City Hall and the School continue to support the liaison officer position as an effective and efficient use of law enforcement resources. - " /' ;Andover .. ;January 2000 - December 2000 i Fifty-Six Hour Coverage Twelve Hours C.S.O. 365 DA YSIYEAR 365 DA YSIYEAR . , 1 ',. . PERSONNEL A. Sworn Deputy Sheriff 1.) 11.76 Deputies at $3,798 /month 2.) 7 Overtime (Average hours/month per Deputy) 3.) Liaison Officer B. Non-Sworn C.S.O. C. Benefits for Sworn and Non-Swom Personnel P.E.R.A. (Sworn) P.E.RA (Non-Sworn) FICA Medicare Severance Allowance Unemployment Compensation Life Insurance Health Insurance Dental Insurance Long Term Disability Insurance Worker's Compensation Uniforms Total Benefits $535,987 32,468 41,415 39,420 69,525 . 2,042 3,016 8,843 8,661 1,623 217 76,560 3,828 1,708 12,661 7,580 196,264 /rAL PERSONNEL COSTS -~~Q~ II. VEHICLE A. Police Equipped Vehicles B. C.S.O. Vehicle C. Liaison Vehicle D. Maintenance Costs 1.) Vehicle 2.) Emergency & Communications Equipment 3.) Insurance - 4.) Cellular Telephone Tota/ Maintenance Costs 3 Squads 1 Vehicle 1 Vehicle $74,400 7,200 7,200 52,110 1,962 1,950 1,200 57,222 TOTAL VEHICLE COSTS ~. III. Administrative Costs Administrative, Clerical, Etc. ~~ IV. TOTAL COST TO CONTRACTING MUNICIPALITY "'Less Amount Received From State for Police State Aid . ,NET COST TO CONTRACTING MUNICIPALITY , ) $1,062,430 53,132 $1,009,298 *This figure is determined by the State and is subject to fluctuation. The latest figure available is $5,271 per Deputy. Revenue received is for previous year Deputy hours hired prior to July 1 " , / Anoka County Contract No. 990238 LA W ENFORCEl\tIENT CONTRACT THIS CONTRACT is made and entered into this day of 1999, by and between the County of Anoka, a political subdivision of the State of Minnesota, and the Anoka County Sheriff, hereinafter referred to as the "County," and the City of Andover, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304, hereinafter referred to as the "Municipality," for the period of January 1, 2000, through Decernber 31,2000. WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County, through the Office of the Anoka County Sheriff (hereinafter Sheriff), for the performance of the law enforcement functions hereinafter described within the corporate limits of said Municipality; and , " J WHEREAS, the County is agreeable to rendering such services and law enforcement functions on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by Minn. Stat. ~~ 471.59 and 436.05. NOW, THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants expressed herein, it is agreed as follows: 1. PURPOSE The County, through its Sheriff, agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth. II. SERVICES TO BE PROVIDED BY THE COUNTY A. Except as otherwise hereinafter specifically set forth, such services shall " encompass the duties and functions of the type normally coming within the jurisdiction of the Sheriff I / - 1 - , , \ ., J J pursuant to Minnesota Law, and, in addition, the Sheriff and his duly assigned deputies shall, within the Municipality's corporate limits, exercise all the police powers and duties of city police officers as provided by Minn. Stat. S 436.05. B. The rendition of services, the standard of performance, the discipline of the deputies, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in and under the sole control of the Sheriff. C. Such services shall include the enforcement of Minnesota State Statutes and the municipal ordinances of the Municipality. D. The County shall furnish and supply all necessary labor, supervlSlon, equipment, and communication facilities for dispatching, jail detention (including the cost of such detention), and daily patrol service as specified in Paragraph IT.E. of this Contract, and shall be responsible for the direct payment of any salaries, wages, or other cornpensation to any County personnel performing services pursuant to this Contract. J E. The County agrees to provide law enforcement protection as follows: For the period of January 1, 2000, through December 31,2000, the Sheriff will provide fifty~six (56) hours per day of daily patrol service for 365 days per year. Said daily patrol service shall be exercised through the employment of three patrol cars, to be supplied, equipped, and maintained by the County and staffed by Sheriffs deputies. Further, said daily patrol service will provide and fulfill those services and duties ordinarily provided and fulfilled by city police officers as provided by state law and municipal police officers as provided by state law and municipal ordinances. The Sheriff will also provide twelve (12) hours per day of service by a Community Service Officer. The Sheriff, upon consultation with the Law Enforcement Committee created pursuant to Paragraph VI. herein, shall determine the time of the day during which the patrol service shall be provided. The Sheriff may periodically change the times of patrol service in order to enhance the effectiveness of the coverage. The Sheriff will also provide a full-time Deputy Sheriff to be assigned as a School Liaison Officer in the Municipality's schools during the school year. During the non-school months, this officer will continue to be assigned in the Municipality to work in such areas as patrol, selected enforcement efforts, and crirne prevention. - 2- ,~ J III. DUTIES OF MUNICIPALITY A. It is agreed that the Sheriff shall have all reasonable and necessary cooperation and assistance frorn the Municipality, its officers, agents, and employees, so as to facilitate the performance of this Contract. B. This Contract shall not alter the responsibility for prosecution of offenses occurring within the Municipality as is currently provided by law. Likewise, collection and distribution of fine monies shall be controlled in the manner provided by law. IV. COMPENSA TIONffERM The Municipality agrees to pay to the County the annual sum of One Million Sixty- Two Thousand Four Hundred Thirty and OO/lOOs Dollars ($1,062,430.00) for law enforcement protection as herein specified for the year 2000. Said contract sum is payable in four (4) equal installments, with the first installment due on April 1, 2000, and with remaining installrnents due on July 1, 2000; October 1, 2000; and December 31,2000. , I The County agrees that the Municipality will receive a credit against its contract price obligation as a result of anticipated Police State Aide. The amount of the credit will be determined by the amount of money received per sworn officer from the State of Minnesota times the number of sworn officers charged to service the contract. v. RENEWAL This Contract may be renewed for a successive period of one (1) year. Said renewals shall be accomplished in the following manner: A. Not later than one hundred twenty (120) days prior to the expiration of the current Contract, the County, through its Sheriff, shall notify the Municipality of its intention to renew. Said notification shall include notice of any increase in total contract cost. B. Not later than ninety (90) days prior to the expiration of the current Contract, the Municipality shall notify the Sheriff of its intention to renew and its acceptance of increased \ costs. ) / - 3 - C. The renewal shall be officially approved by the parties' respective governing bodies prior to expiration of the current Contract. VI. LA W ENFORCEMENT COMMITTEE The County, through its Sheriff or his designee(s), agrees to meet, from time to time, with any duly designated law enforcement committee of the Municipality. The purpose of said meetings shall be to make suggestions for improvement in the implementation of this Contract or for amendrnents thereto; provided, however, that no such suggestion or amendment shall be binding upon either party until reduced to writing and duly signed by the parties hereto. The membership of said committee, and the time and place of said meetings, shall be determined by the Municipality with reasonable notice to the Sheriff. VII. DISBURSEMENT OF FUNDS All funds disbursed by the County or the Municipality pursuant to this Contract shall be disbursed by each entity pursuant to the method provided by law. \ , VIII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds, and reports of all receipts and disbursements shall be made upon request by either party. IX. AFFIRMATIVE ACTION In accordance with Anoka County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-tirne employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Contract on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin. X. INDEMNIFICATION The Municipality and the County mutually agree to indemnify and hold harmless each i other from any claims, losses, costs, expenses, or damages, injuries or sickness resulting from the J -4- \ ,) acts or omissions of their respective officers, agents, or ernployees, relating to the activities conducted by either party under this Contract. XI. TERMINATION This Contract may be terminated by either party at any time with or without cause upon not less than one hundred eighty (180) days written notice delivered by mail orin person to the other party. Notices delivered by mail shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to services rendered prior to such notice of termination. XII. NOTICE For purposes of deli vering any notices hereunder, notice shall be effecti ve if deli vered to the Anoka County Sheriff, 325 East Main Street, Anoka, Minnesota 55303, on behalf of the County; and the City Manager of the City of Andover, 1685 Crosstown Boulevard Northwest, Anoka, Minnesota 55304, on behalf of the Municipality. / XIII. ENTIRE AGREEMENTIREQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Contract supersedes all oral and written agreernents and negotiations between the parties relating to the subject matter hereof, as well as any previous contract presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Contract shall be valid only when they have been reduced to writing and duly signed by the parties herein. , , , / - 5 - \ , ) IN WITNESS WHEREOF, the Municipality, by resolution duly adopted by its governing body, has caused this Contract to be signed by its Mayor and attested by its Clerk, and the County of Anoka, by resolution of the County Board of Commissioners, has caused this Contract to be signed by the County Sheriff, Chairman of the County Board of Commissioners, and attested by the County Administrator, all on the day and year first above written. COUNTY OF ANOKA CITY OF ANDOVER By: Dan Erhart, Chairman County Board of Commissioners By: Its: Mayor Dated: Dated: ATTEST / By: John "Jay" McLinden County Administrator Its: City Clerk By: Dated: Dated: By: Larry Podany Sheriff Dated: APPROVED AS TO FORM By: M. Katherine Doty Assistant County Attomey Dated: , " , J mkd\contract\2000\andover.lec - 6- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ , ) DATE: December 7 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NOp7.(. Approve Hire/Accounting Clerk/Finance Department Finance Jim Dickinson Request: The Andover City Council is requested to approve the hiring of an Accounting Clerk for the Finance Department. Currently the Finance Director is calling references for two of the candidates that were interviewed and will provide the name and qualifications of the recommended candidate at the meeting. The appointment is for an existing position that was vacated, and will be within the budgeted level. , , J '. , / '\ , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: December 7 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. OJS. Approve Resolution Regarding Investment of Funds Finance Jim Dickinson Approve Resolution Rel!ardinl! Investment of Funds Request: The Andover City Council is requested to approve the resolution regarding the investment of funds. Approval is needed to remove Jean D. McGann from being authorized to invest City of Andover funds and authorize James Dickinson, the recently appointed Finance Director, to do so. " / , , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. -99 A RESOLUTION AMENDING RESOLUTION NO. 038.95 WHICH REVISED RESOLUTION NO. 189-92 AUTHORIZING CERTAIN EMPLOYEES TO SELL, ASSIGN, TRANSFER AND/OR DELIVER FUNDS. WHEREAS, the City Council of the City of Andover has previously adopted resolution No. 038-95 authorizing Richard Fursman, Administrator, Jean D. McGann, Finance Director and Shirley Clinton, Treasurer to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this City; and WHEREAS, Jean D. McGann has resigned as Finance Director and James Dickinson was appointed Finance Director. " ) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby revise the authority to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this city to Richard Fursman, Administrator, James Dickinson, Finance Director and Shirley Clinton, Treasurer. Adopted by the City Council of the City of Andover this 7th day of December, 1999. CITY OF ANDOVER Attest: J. E. McKelvey - Mayor Victoria V olk - City Clerk \ J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: DECEMBER 7, 1999 AGENDA SECTION NON DISCUSSION ITEM ORIGINATING DEPARTMENT DAN WINKEL, /J.. I FIRE CHIEF . VV . ITEM NO. ACCEPT BIDS AND APPROVE PU~CHASE OF NEW FIRE TRUCK ~(). Staff is requesting the City Council to accept the bids and approve the purchase of a new fire truck. The new vehicle has been in the planning process for almost three years and is a scheduled addition to Station 3. The Andover Vehicle Committee had previously reviewed the need for this vehicle and included the purchase as part of the 1999 Equipment Bond. The specifications were reviewed by the city mechanic and were found to be in proper order. The Andover Fire Department truck committee worked for about one and one-half years to complete the final specifications used for the bid process. The City Council did approve soliciting bids at the September 21, 1999 council meeting. The appropriate legal notice was advertised in the Anoka County Union for two weeks. Also, note that a complete set of specifications were mailed directly to nine manufacturers of this type of fire truck. The bid opening was scheduled for Tuesday, November 30, 1999 at 10:00 a.m. / One bid was received and opened at 10:00 a.m. from Pierce Manufacturing of Appleton, Wisconsin. Clarey's Safety Equipment from Rochester, Minnesota is the authorized sales representative for Pierce and was present for the bid opening. Staff also received one letter from Alexis Fire Equipment stating that they do not have a sales representative in the area and would not bid on the truck at this time. The amount of the bid from Pierce Manufacturing is $329,750 delivered to Andover. The budgeted amount in the Equipment Bond is $330,000. The construction of the truck will take approximately 210 calendar days. Upon review of the bid, staff has determined that it meets or exceeds all of the minimum requirements as specified. As part of the bid, a list of needed miscellaneous equipment was included for pricing. The total amount of the additional equipment is approximately $21,000. While some of these items on the list can be moved from other vehicles, staff is requesting council approval to purchase an additional $15,000 worth of equipment. Funding for this request would come from money saved on Equipment Bond items, and also the 1999 and 2000 Fire Department Capital Equipment budgets. There is one deduction that staff is recommending. The amount of$750 can be deducted from the total price of the truck for changing the automatic foam induction system to another type. / Staff recommends that council accept the bid and authorize purchase of one 2000 Pierce Custom Fire Truck. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ / DATE: DECEMBER 7, 1999 AGENDA SECTION NON DISCUSSION ITEM ORIGINATING DEPARTMENT DAN WINKEL, i'\ I.') FIRE CHIEF V. W. ITEM NO. APPROVAL TO SOLICIT BIDS FOR A NEW BREATHING ~'-10MPRESSOR AT FIRE STATION #1 The Fire Department is requesting City Council approval to advertise for bids for one new breathing air compressor as a replacement at Fire Station # 1. The proposed compressor is a 1999 budgeted item. The funding would actually come from 1998 Fire Department Capital Equipment dollars that were not spent. The existing compressor has had numerous problems and continues to be unreliable. Approximately $6,500 has been spent over the last four years for repairs and maintenance. \ The estimated cost for the breathing air compressor replacement is between $18,000 and $20,000. The delivery time for most new compressors is six to eight weeks. The bid price will also include the cost to remove the existing system and install the new compressor, fill station and cascade bottles. The components from the existing system will be kept as replacement parts for Station #2 if needed. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: December 7,1999 Non-Discussion/Consent Agenda ITEM NO. Purchase of 7~~ Bobcat and Misc. Equipment n^. ORIGINATING DEPARTMENT John Wallace - Vehicle Maintenance Department APPROVED FOR AGENDA AGENDA SECTION BY: The Vehicle Purchasing Committee is proposing the City purchase a new 773G Bobcat Skid Steer, Coneqtec Universal APX-400 Cold Planer and a set of rubber tracks. Listed below is the pricing for each item: 1. 773G Bobcat 2. APX-400 Cold Planer 3. Goodyear Rubber Track $18,668.00 + tax $ 8,400.00 + tax $ 4,000.00 + tax $19,881.42 $ 8,946.00 $ 4,260.00 These are all State Contract pricing. This equipment is being purchased under Minnesota State Purchasing Contract #424472. \ / This machine is badly needed by all departments, in fact, we have rented extra ones in the past years to help out with the work load. The Cold Planer will be used to grind asphalt or concrete around manholes, curbs, catch basins and help in the repair of City streets. We had a demo of two different size machines and two different Cold Planers. Employees from all departments liked the Bobcat and the APX-400 Cold Planer the best, because of the ease of use, safety issues and parts availability. The money to pay for this machine will come from the 1999 Equipment Bond. The Street Department decided that it was not in the City's best interest to purchase a full size road striping machine, but rather a much smaller portable machine. There is $30,000.00 left over after the smaller portable striping machine was purchased from the 1999 Equipment Bond. We are purposing to purchase this equipment with the remaining money. We will also be trading in a used Bobcat back hoe for $4,500.00. We use this machine very little since we purchased the mini excavator 3 years ago. The grand total would be $33,087.42 subtotal with tax - 4.500.00 trade in allowance $28,587.42 TOTAL " J file: g:\word\councII1c120799.doc CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: December 7. 1999 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering 4'" ITEM NO. IAQ~prove Street Light Location/Constance Blvd & University Ave NW REOUEST: The City Council is requested to approve the installation of a street light at the intersection of University Avenue and Constance Boulevard. The City of Ham Lake has agreed to pay for the installation of the light at the intersection of University Avenue and 157th Avenue along with the ongoing energy/maintenance charge for the street light. The City of Andover would be responsible for the ongoing energy/maintenance charge for the street light at the intersection of University Avenue and Constance Boulevard. \ ,-' Note: The cost of installing each light was virtually the same cost. The cost of installing the light at University Avenue and Constance Blvd is$1480. The cost at University Avenue and 157th Avenue was $1400. " , J HOLMBERG .. I I ;r: LIS I AOa2;r: , ---------~------- 114TH AIIE_ NW r73RD AilE. NW lnND AVE. NW 171$T AVE. NW 170TH AvE. NW 169TH AilE. NW s 168TH AilE. NW 167TH AilE. NW 166TH AvE. NW 16~TH AilE. NW 164TH AilE. NW <JCO~9 ,\tf /o~. vP'~ 161$T AilE. NW 160TH AVE. NW 1~9TH AvE. NW ISSTH AvE. NW I56TH AvE. NW NW NW NW loJ ~ ::~ .... <( ~ ~ :c I~ZNO AilE. NW (f) LL. .... Q ~I>- ..J ~ I ti l~l ST AilE. NW 150TH AVE. NW "- ) , , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: December 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Finance Brian A. Swanson ITEM NO. Release Letter of Credit/ Assessments/97 -OS/Chesterton Commons (~ Release Letter of Credit - Chesterton Commons #97-08 '\ Request: >' The Andover City Council is requested to approve the release ofletter of credit #276 in favor of the City of Andover provided by The Bank of Elk River on behalf of Ashford Development Corporation for special assessments. This release results in a $98,000.00 decrease. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION "- " ) DATE: December 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, Engineering/ ITEM NO. Advertise for Vacancies/ c3 \ ~ark and Recreation Commission The City Council is requested to authorize the advertisement for the vacancies on the Park and Recreation Commission. Applications would be due on December 28, 1999 at 4:30 PM. Commissioners Dave Blackstad and Dave O'Toole terms do expire at the end of the month. City Staff will let both Commissioners know that if they are interested in being members again that it will be necessary to reapply for the vacancies. '1 / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ') --_./ DA TE: December 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, Engineering ITEM NO. I Mi~CUSS RequesUSnowmobile in Park PropertyfThe Meadows of Round Lake REQUEST: The City Council is requested to review and consider holding a public hearing for an area on the west side of Round Lake for a trail through an existing park to allow those property owners that are adjacent to the park to cross the park to get to Round lake which is open for snowmobiling. If you recall, snowmobiling in any park is not allowed by Ordinance 109, Section 4a 1., except snowmobiles may be operated on designated snowmobile trails which the City Council would have to approve. / \ The Park and Recreation Commission has reviewed the request and is recommending a / public hearing be held. If the City Council agrees with the recommendation of the commission, then a date would need to be established for the hearing. '.' Attached is the petition. Mark Christofferson, who is taking the lead to have the trail approved, will be at the City Council meeting to answer any questions the City Council may have. The City Council met on December 2, 1999 in which a public hearing was held to review snowmobile trails that were proposed by the Snowmobile Task Force/Andover Trail Association in the restrictive snowmobiling areas of the City. The direction of the Council was to not approve any trails for this snowmobiling season. Staff recommends that this request be denied at this present time and be re-considered when discussions with the Task ForcefTrail Association resume this spring. \ ) ;{Ii,.. " ".>ii: ............}/ ~I - , . I ,'," \NO~\ANi:1 s - 1><i11f 000 i 'S~ Ff5.- Fl; '- ~EA :~(). hi>( . . ~, ,!', ~ j- 2N1 : :./ ... 2' . -, ~ ;.. ' l 8 . '"T :: 2/j{l'~1 ~.:., '" 2 J (j}~~i,~~_; ,+(Vff~'I-~f~~A~=~.) i=!TA!P >:>r:V!f{'j, I, ~;. "'3'; .~9 ,. :'4 ' I' ~\' , .41 1 . ' 15'! , 2: J ~ ,r 2 I~; '47tH L. NW I I rl J ~1" I ,./if e to , 6' ',....., " I'" I ,"\, !.I'.:'-.. ~."/I\'I,.;-r. 9/'~.~,~ '. ........ ---"'" I" , T 2/ -1 I' , ',\- -Y~A 'V '~,' .../~./ .~.. J -, N"'S '.~.~ ~. /,.. .'. 2' \ J 6 N'S05f'4j' ~ \ ~ ,,' _ " 1 6 ;0, II . 216 - ~ir_. :...: ,I" !t: ~ I- ;JO~ 1H..: , "'x')ll' '~fu~/,. :; " I" $- ~ L':' ...:..r 1 'T, .),~f L ");f,j~C,\ \'~..\"\' ~~;o .~' ~ ~;~ ___~ __ :"{- ~ ~ -. 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JgO} ,,~:.,,'O."TI91~~';''-'-,!, .., :; : ~ "3'5IJ~Jl3 I 7 I , & t -.J ;! g'iOI --....... 62 Z J 152 5 t "" 2: ' .;: . f--r-~- o is , "4. f2- 3, I I ' --- ~----__ 4 I/rJirr JI+~; '1,,1, '1-- - - - b I~> ,IW' ~.~ :1 '::,,~A I /r"~== It. ~O;;;:N~'::: I / ,/ I ~~*~(~ fB~tffi ~~ r:O::::TY STATE AI[} ff~~ I 7/1tJ" 'l'cMcKSTJr ' - ~%. I WOOOLf/'f!!.J -I- ~f!?(!Wr III ~ . (t.~ ' , ''''1ST .......E NW I r-;;ooNd II ' I.. -'~. -' . '\ "".'."~"/l(~..f. ' ~0'1'1' g , ,I, ,', --. ,. 1Z1 I 0>::::- .: A. ~ --'O)..[~_'lS';<;~ _. I ,'" ',;-]., ~,=:::;~I;-~ ~ ,;~ J~ \' . I "t' ..y~:.Ji1. 2 ';;-.:;":~~ +;;- ."'-wY-8 , #1:' zf--.-"._:t: f- ~ ~~ '1-2. ...!.. 1'[' ~, '1. , , '1, "'li~\. V, ~<fJ,t~ ~ .I~ <:):;~ i::r-;' ~~\.,"\' ~ . t ~ r1'r.~t"~ll ~m.....~ ....!, , f.-!-.., t~ I-~ fY. ~ '.~ :~I.f ~i'~}S~~~""f" ,. \~f;:t';- /~ .; ~~ ~ ~ Jf-~I-; ~rf("" ., "".' "''' il' br.y, ,1 . . .~O '/." ,:..; ~ 3-5/0118..llJ '. ~<'l~"" '1'1 r.FV'\' ,o2r.~~i~;,: ~ ..,~- ~]"'b'''' \~ \~ II ~I'l I~ II:: fTMI" o s.r:.1 .. ~ '~ Cfl' " . ~ / ~l!~ ,.,.,.,~.. . . } r- ~W; ~ ~ ~"o" (..\0'<' -l~~"" 't.'" :~ ~ .' ,:.. ,22 -' :q.... 11 . \' , .. Q (J ,~,1 .'---J- ~- """\. I ".. _. ~~" "~~~^ \ ;'ftv ~ ._ 1--_ r:j" ~ ., (4~ ~C.~'-: "<,~~. ~ ~r{rL I :~~i~ 1 '- ROU )) LA~ :::J J OVER / "". .111'. l 1 ~H^n~n """'/\ "...~tr'T"'<' , ,....1 1 PETITION Are you in agreement for snowmobiles to access Round Lake via the wetlands east of Dakota Street and the furthest north of the wetlands area? The hours of use will be from Sunday through Thursday until 9 p.m. and Friday and Saturday until 10 p.m. We are presenting this to the City Council and Parks Board for their approval. Address: ~,--LLfsqq Q~u.. ~-r 10 W 'i 'F~.;f- !L/5f/{'7 71ft-UTI ,- /\/uJ 3. -. a~Lt ,#..-:: -:'- ~ / -Y--fZ-7 [I-4/c' 7A S-7:~' tv - 4. ;~//., 41 L'7:,-s I 7'1" J-"L-, f t #/, / /_.'~7c.'/: ~~L7 -,~99' /fi; If ,0fi-e 6. ~ If' Jf/l- )1-)--:" -- ( (j 10 (if ,t~ 3Cf 4~ - 1'10 -kL ::t, r'v V'0 '/C;' --'-~ /~~ ./ fi'/ ~ .:"5/JV - / /e' /.Je' '!{ ~> No - "5' 97;2 /YC: /11 /rrtc- /-!c~/ ~ No '3 "'\\ t\ ( l' ~- -H. \ L l-:l.-t \..,<;" ~ No 77'13 /C!lJh, L~,-- @\ No ff'7 C( ( Ji-l b 1) I k, {~_. ;1./ ( ;.! ~- No ~82 '46"1~ LA"'~ ~J...0 ~ No -:17&7 11../r..7---H- ~ /f/- IV, @ No fA SZ-, /Llf,.,. P LN -l) L---1/ - ~s_ ) No ~h. '3<??>/ /^/6rt.,La,.;.J/e.) ~ No ) Vr-'}\- DJ:g-/u. :;;fJvJ ~ No /':I.5.~ 'lh ~ k:S }-./J, jJ (Ye~ No /%Z-}fi~f;,5-rNt1/. 6J No :;-"/7 fLfr!2.1.) \~ ~ @ 'i '. .// 1. 2. 5. , J I 13. -,_0.;:A 14:-/7 C/~ \ / 17. -0. L 7 -/( /C) (~. 1 18. ~II)' "I:; - /J, . /J{-I.. 19~~~ 20. -7~QJ/c 21. ~e One ~ No Yes ~- G No Q No ~ No ~NO @ No Yes No PETITION " '\ Are you in agreement for snowmobiles to access Round Lake via the wetlands east of , j Dakota Street and the furthest north of the wetlands area? The hours of use will be from Sunday through Thursday until 9 p.m. and Friday and Saturday until 10 p.m. We are presenting this to the City Council and Parks Board for their approval. , 1. 2. 3. 4. 5. 6. 7. 8. ,,0 ...;,. ~ , 9. -- . J 10. !I{,Lf.:t, ----- 11. /,~ (14M! 0/ , . I '\ . .j -'l....,- I'u i...,.-;'l . - fI 12. I k' - - - :,; I~S'Sli,,-<{ ~ ' , I" 13.~j~:::- 14. ---:- ~IV,"I _ --.!-kJ 15.6, J) D"1rk/tll1c1 16. 17. 18. 19. , \ 20. J 21. Address: '-Ie;, I 1'1~ iJ.. A.Jc ^h~ tjJ75 /I/ITft,4 vi- J'-"W ~09r1 - jC/tf/~-Ikr-( !l/,0. -r ' , '7059- / 'It, R ;7Tv' jU i1J ~tJ1S- /46'f1.tZx.JJt(j, !jell, w 1ft !k/~ ~tJ /mtJ ~t.z S-c .-& j ..,~ :. -- ~ ""., r',.....~2' )7' \/ vV' / J J;'{ I/,y ;'([,78 ~r A/tJ tLjtJAcf DAne/A ,C)/ U (. I ~ J '--I C 7!- L1v L;t .:__> I; - Ii ( ; I' ,\.. 1\ l / / .- L;/) ! ,....,j. /6,""/ r-- I.L. l\.- IL" - ,.! / -" //TtVr) ;- / 4C03' IY {/11 l(CVJC- 40bD /Lf6t~ l..,,~ Nw tV u/ IJ: .': {.- ,/ , . No No No @ No <@ No &s No , Yes No ---9 ' . Yes Yes (~V ;.r:-;-' "'" ,',1 Yes No Yes' No ( No Yes (Ye~ No @ No Yes No Yes No Yes No Yes No Yes No Yes No 147TH I , ~ ROUND LAJU! .+ .. . WET1.ANDS . ~.. .. .. .. ... .. . ... ~ .. WETLANDS WETLANDS '\ - ...\ _. "".. .... '" \ - -, . .. t ...... ..... I .......... , " , -... I \ - , .....-----..-: . J PARK " . , , .. \ - A:-. , . I . oun.dr ,. . / / - , . , , I I '.. , The MEADOWS 01 ROUND LAKE Ij~ /o/tJ WETLANDS ){.J} .) p.' IP /..V:.-' , "1th THE MEADOWS OF ROUND lAKE (2') ,.~/ '.~~ 1\l1A....O A/." ~ /;",.... ;...?.... "' 30'" L{~S " - 8L~-G Rcx,nd t...u.. Boul....,..1O / Developed by NEDEGAARD CONSTRUCTION CO., INe. 757.2926 B.L N 0002068 / Regular Andover Park and Recreation Commission Jfeeting Jfinutes - .\"ovember 18. 1999 ','/- ) Page 5 Commissioner Grabowski stated that if games are scheduled on Sunday nights then a fee needs to be determined. Chairperson Blackstad replied that the Commission will have to evaluate the situation. Commissioner Grabo\vski stated that it should be mandatory that if anyone schedules a game they have to help with costs of security. Steve Frietag. North Metro Soccer Association, stated that there is usually only a week notice for the coaches as to when practices are scheduled and questioned if they will be kicked of the fields if they are being used for practice. Chairperson Blackstad explained that in February the associations will apply for fields, and then in April the fields will be reserved. Any usage starting May 1 S! is when the fees will apply. He explained that the problem usually doesn't exist with practices, but when the games start. Commissioner O'Toole stated that he would like to sit dO\Vll and determine exactly what the officers will need to be looking for and suggested having ajoint discussion with the associations on any concerns they rnight have. " . J ,llotion by Lindahl, seconded by O'Toole, to approve the hiring of park security to be included in the City budget with the understanding the associations will work out a f.mding arrangement. Motion carried on 5 - ayes, 0 - nays. I - absent (Holthus), and I - present (Grabowski) vote. S:VOWJIOBILES Mark Christooherson, resident of The Meadows of Round Lake, stated that he was requesting the use of the park land between his property and Round Lake as a snowrnobile access to the lake. He explained that he has used the land in the past for snowmobiling not knowing he was not suppose to. NIT. Christopherson stated that he was open to suggestions from the Commission and noted that he would be willing to sign a waiver that would not hold the City liable for any injuries that may occur. Mr. Haas explained to the Commission that residents currently need approval from the City to gain access to the lake across park land. Commissioner O'Toole stated that the park land is a large area and affects a lot of homes. There would need to be a restricted trail that would allow him access from the house to the lake only, but not allow the whole park for snowmobile use. ., Chairperson Blackstad stated that he is concerned that people a couple blocks over will feel they . ~ can use the trail for access and then they have a problem with snowmobiles on City streets. Regular Andover Park and Recreation Commission .\,-feeting .~fimltes - Sovember 18. 1999 Page 6 ) Commissioner O'Toole noted that there is an access point to the park land. ~[r. Christopherson replied that the access is not marked as an access. He explained that he has not had any complaints from neighbors regarding the snowmobiles and has rnade sure that he talked to neighbors to make sure they weren't be affected by the snowmobiles. Commissioner Lindahl stated that he personally doesn't think they should be given free reign to the park area, but would consider an access to the lake. ~[r. Christopherson replied that he is looking for access to the lake, not for whole use of the park. Chairperson Blackstad explained that the reason for the new snoWmobile restriction is that things have been abused, and don't want to see allowing rnore abuses. Commissioner Lindahl stated that he is concerned that one access will turn into several accesses. \-[r. Christopherson replied that h~ \vould be willing to rnark the path and govern the area if the City is allows him use of the park land for lake access. / Commissioner Lindahl stated that the reason the City took the land as park land was to preserve it in its natural state. Cornmissioner O'Toole explained that the City is trying to get a handle on the snowmobile problem and as the Park board he does not feel they can recomrnend use of the land. He suggested that l\k Christopherson \vork with the Snowmobile Task Force. \-[r. Christopherson replied that if he approached the City Council on the issue without discussing the request with the Park Commission they would have sent him back to discuss the issue with the Commission first. He stated that he would be willing to have a petition signed by his neighbors. Chairperson Blackstad suggested including ~[r. Chritopherson's request as part of the public hearing regarding snowmobile trails that will be taking place and notify the neighbors in the area. Commissioner Lindahl stated that he would be more comfortable with granting the access ifhe received signatures frorn the neighbors in support of the access. Motion by Blackstad, seconded by Lindahl, to direct Staff to send out notification to adjacent property owners that the issue will be discussed during a public hearing regarding snowmobile trails. Motion carried on 6 - ayes. 0 - nays. 1 - absent (Holthus), and 0 - present vote. '. I / i\-fr. Haas stated that there were two other parks affected by the designated snowmobile trails and suggested that the Park and Recreation Commission make a recommendation. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: December 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINA TING DEPARTMENT Todd Haas, Engineering ~ ITEM NO. Accept Petition/Order Feasibility Report! 8~9-37/1680 Andover Boulevard NW The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer and watermain for Project 99-37, in the area of 1680 Andover Boulevard NW. Watermain and sanitary sewer were assessed as deferred assessments under Project 92-24. Also, the assessment will need to be indexed according to the Engineering News Record (ENR) which was approved by the City Council as part of the deferred assessment. .' \ , / . "- / , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN , PROJECT NO. 99-37, IN THE AREA OF 1680 ANDOVER BOULEVARD NW. WHEREAS, the City Council has received a petition, dated November 16. 1999 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: , 1. , , 2. 3. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. Escrow amount for feasibility report is 0 The proposed improvement is hereby referred to the Citv Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 7th day of December , 19 99, with Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor ') Victoria Volk - City Clerk 11- ~ 7 '. ) November 16, 1999 RECEIVtD NOV I 6 1999 I I CITY OF ANDOVER Andover City Engineer 1685 Crosstown Blvd. N.W. Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: I hereby petition for improvements of watermain and sanitary sewer with the costs of the improvements to be assessed against my benefiting property. Said petition is unanimous and the public hearing may be waived. I would like to be assessed over a five-year period and also waive my rights to an assessment hearing. '- / Sincerely, C}"-~ p~ Juanita Palo 1680 Andover Blvd. N.W. Andover, MN 55304 Home 612-757-9437 Work 612-785-8436 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " \ '--) DATE: December 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, _~ Parks ~ ITEM NO. Approve Resolution/Establishing 2000 .yser Fees for the Use of Fields and Hockey Rinks 34. The City Council is requested to approve the resolution establishing user fees for the use of fields and hockey rinks as recommended by the Park and Recreation Commission. Note: These fees were not changed from the 1999 fee requriements. , , / " ) "- / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ESTABLISHING 2000 USER FEES FOR THE USE OF FIELDS AND HOCKEY RINKS WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: The following fees are hereby established: TYPE OF FEE Adult Rec Play FEE - Flat Rate $75 per team, per season $10 additional, per player, non-resident fee $ 0 per team, per season $ 0 additional, per player, non-resident fee Note: Includes the use of fields for both lighted and non-lighted. Field w/o Lights $15 Fee per hour or (Private Use) $75 Fee per day Field w/Lights $20 Fee per hour or (Private Use) $100 Fee per day Youth Rec Play Rental of Equipment for Tournament Limer Lime Drag Hose and nozzle , / Batter's Box $ 3.00 per tournament $ 3.50 per bag $ 1.50 per tournament $ 1.50 per tournament $ 1.50 per tournament Weekend Tournaments (No Field Maintenance/Adult) $200 tournament fee for the park, plus $150 field usage fee per field (No Field MaintenancelYouth) $200 tournament fee for the park, plus $75 field usage fee per field for all youth organizations not affiliated with Andover youth (With Field Maintenance/Adult) $500 tournament fee for the park, plus $150 field usage fee per field (With Field MaintenancelYouth) $500 tournament fee for the park, plus $75 field usage fee per field for all youth organizations not affiliated with Andover youth Note: 1 day tournaments will be charged 75% of the tournament and field usage fee. Rink Without Lights (Adults) $25 (Fee per day) Rink With Lights (Adults) $12 (Fee per hour) Adopted by the City Council of the City of Andover this -1!b... day of December. 1999. CITY OF ANDOVER '\ ATTEST: ) J. E. McKelvey Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , I / DATE: December? 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, Engineering ITEM NO. Main Street (MN 242) Update 36. BACKGROUND: Although the City Council is aware of the Main Street project in the City of Coon Rapids I did discuss the project with the City of Coon Rapids for a status update. The information received is as follows: 1. The City of Coon Rapids is designing and administering the project for the County. The consulting engineering firm ofBRW is the cities design engineers for the project. 2. Bids are anticipated to be opened in late January, 2000, for the project. '\ 3. The project is expected to begin in February, 2000. One of the first items will be the removal of the bridge. j 4. It is anticipated that the north half of Main Street will be constructed first with traffic operating onthe south half. The traffic will then be switched to the south half of the street for construction of the north half. 5. The bridge is anticipated to be reopened in July, 2000. 6. The roadway should be reopened in 2000. 7. A detour to Bunker Lake Boulevard in the City of Andover is planed. If the Council would like any additional information regarding specifics of this project please let me know. " ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: December 7. 1999 AGENDA SECTION ORIGINATING DEPARTMENT N on-Discussion Planning Jeff Johnson ITEM NO. Public Hearing (Continued): Vacation of Easement 13811 Palm Street NW 3~ ,Inc. Request At the November 16, 1999 City Council meeting, Council requested that the applicant submit to Staff all completed information required by the City in order to vacate a portion of an easement located at 13811 Palm Street NW, legally described as Outlot C, Hills of Bunker Lake 5th Addition. 'I Late last week Staff received the information from the applicant. At the time the report was written, the City Engineering Department did not have the opportunity to review all the materials submitted. Ifthere are outstanding items that need to be addressed, Staff will request that this itern be removed from the consent agenda to be discussed. , ) J Regular Andover City Council Meeting Minutes - November 16. 1999 Page 2 (Consent Agenda, Continued) Item 18 Approve Revised SoftballlBaseball Tournament Application Form Item 19 Approve Soccer Tournament Application Form Item 20 Approve Plans and Specs/Advertise for Bids/IP98-22A1Well-Pumphouse #7 (Resolution R236-99) Item 21 Approve Purchase/Cubicle Furniture/Engineering (from Metro Systems, $1,255.37) Item 22 Receive Sanitary Sewer Rate Study Item 23 Extend Bid Award Period/Grey Oaks (Resolution R237-99) Motion by Jacobson, Seconded by Johnson, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES \ November 2, 1999. Regular Aleeting: Correct as written. -' Motion by Knight, Seconded by Johnson, approval of the Minutes. Motion carried unanimously. ANOKA COUNTY SHERIFF REPORT Captain Bruce Andersohn reported the Department responded to 1,000 calls for the month of October, bringing the year-to-date calls to 9,035. Bunker Lake Boulevard is open and traffic is moving nicely. He reminded people that there are still construction crews on the site doing fmishing work and asked the public to please abide by the speed limit. They will be enforcing the speed limit and will be bringing in the speed trailer. He commended the public for their behavior throughout the summer. Councilmember Orttel asked if it would be proper for the Sheriffs Department to support the City in asking for a traffic light on Crooked Lake Boulevard and Bunker Lake Boulevard during the rerouting of traffic when.the Hwy 242 bridge over Highway 10 is closed. Captain Andersohn asked the Staff to send him the request, and he will have it forwarded to the county highway department. They are willing to support the City's request. He understands the construction on that bridge will commence in February. There is a plan available, and he will present it when he comes to the Council meeting next month. \ ) PUBLIC HEARING: VACATION OF EASEMENT/13811 PALM STREET NW Mr. Carlberg reviewed the request of Hills, Inc., to vacate a portion of a drainage and utility easernent on Outlot C, Hills of Bunker Lake 5th Addition to allow for the construction of a home. The lot was deemed unbuildable when platted because of the wetland delineation. The property , I "- ) .j Regular Andover City Council !'v!eeting Minutes - November 16. 1999 Page 3 (Public Hearing: Vacation of Easement/13811 Palm Street, Continued) owner has redelineated the wetland, and the Coon Creek Watershed District has approved it with conditions. Based on conversations with the Anoka County Highway Department, he recommended a condition be added to the Resolution that the City review the final drainage and hydraulic plans so they do not impact drainage on Bunker Lake Boulevard. Mayor McKelvey opened the hearing for public testimony. 7:15 p.m. There was none. Motion by Jacobson, Seconded by Johnson, to close the public hearing. Motion carried unanimously. Councilmember Orttel asked if there is to be one lot or three. Larry Olson, representing the applicant, stated the original submittal was for three lots; but when going through the Coon Creek Watershed process, only one lot was deemed buildable. The request is for one lot. The Council was concerned that there are nine conditions not yet met and suggested the item be tabled until those conditions are completed. \ / Motion by Jacobson, Seconded by Orttel, to table this to the next meeting to have Staff and developer complete all the technical information that is required -- the verification of the ponding, veritication of the elevations, verifications of floor elevations for adjacent properties, verification of wetland boundary, verification of hydrology and hydraulic calculations and a revised grading plan -- so there is a clean document to act on. Motion carried unanimously. APPROVE DESIGNATION OF SNOWMOBILE ROUTES Todd Haas, Assistant City Engineer, reviewed the proposed designated sno\';mobile routes through the southern portion of the City as well as the no-snowmobiling boundary across the City. There has been a change from the route coming out of Po v's because of the state law not allowing two-way snowmobile traffic on roads. That trail will now go through part of the City park property up to Crosstown Boulevard. There are three drop-off locations for snowmobiles and trailers -- Pov's, the north end of Tower Drive at the City Hall and the Round Lake boat landing on Round Lake Boulevard. The Task Force felt Hanson Boulevard would not make a good trail because of the . existing bituminous trails, the high volume of traffic and the density. , John Campbell, Andover Snowmobile Trail Association, stated they have received permission from the property owners through Knoll's Farm, Fields' Farm and the Slyzuk and Eveland properties. They are still working with property owners along 147th Lane. He has talked with three homeowners and needs to contact four more. All have agreed, though one is concerned about his la\,;l1 which is mowed up to the curb. They will be riding on the street, so that should not be a problem. They are soliciting funds for signs to direct the traffic further north. They have suggested a snow fence for one person along Crosstown because of a day care and for peace of mind to keep people off the property. He also talked with a member of Jerry Windschitl's family who felt it would .. CITY OF ANDOVER REQUEST FOR \ ) DATE: November 16. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Public Hearin~: Vacation of Easement 1 3811 Palm Street NW Hills Inc. Request Megan Barnett Planning Intern The City Council is asked to hold a public hearing to review the vacation of easement request of Hills Inc. to vacate a portion of a drainage and utility easement located at 13811 Palm Street NW, legally described as Outlot C, Hills of Bunker Lake 5th Addition. Hills Inc. is requesting a vacation to allow for construction of a home. Coon Creek Watershed District Review: , / The Coon Creek Watershed District has reviewed the request by Hills Inc. to develop on Outlot C, Hills of Bunker Lake 5th Addition. The Coon Creek Watershed District, has approved the wetland redelineation, as provided by Mark Kjolhaug. The district found wetland redelineation to be lower than originally delineated. The Board of Managers of the Coon Creek Watershed District has approved the request allowing for development on 13811 Palm Street. Andover En!!:ineerin!!: Department Review: The Andover Engineering Department has reviewed the Vacation of Easement application and have requested further information from the applicant. Please see the attached resolution stating the outstanding conditions to still be reviewed. General Review: Outlot C is part ofthe Hills of Bunker Lake 5th Addition Subdivision and was deemed not buildable due to the wetland delineation at the time of the plat' approval. Due to the revised wetland delineation boundary, which was confirmed by the Coon Creek Watershed District, Outlot C now has the potential to become buildable contingent upon approval from the City of Andover. \ ) " , ) / , , J '\ ) Page 2 99-05 Vacation of Easement November 16, 1999 Recommendation Staff recommends approval of the vacation of easement. Please consult the attached resolution for more information. Attachments A-I Resolution A-2 Area Location Map A-3 Site Map A-4 Site pictures A-5 Coon Creek Watershed District Permit Review A-6 Coon Creek Watershed District Permit Application Status A-7 Vacation of Easement Application A-8 Notice of Public Hearing A-9 Property Owners within 350 feet of the site. "\ , ) CITY OF Al'IDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF HILLS INCORPORATED TO VACATE A DRAINAGE AND UTILITY EASEMENT LOCATED AT 13811 PALM STREET NW, LEGALLY DESCRIBED AS OUTLOT C HILLS OF BUNKER LAKE 5TH ADDITION (pIN 34-32-24-14-0053) WHEREAS, Hills Inc. has requested to vacate the following portion of a drainage and utility easement located at 13811 Palm Street NW, legally described as Outlot C Hills of Bunker Lake 5th Addition, according to the recorded plat thereof, Anoka County, Minnesota, Except the north 5 feet, the west 10.00 feet, and that part lying easterly of the following described line: J Commencing at the northeast comer of said Outlot C, thence on an assumed bearing of North 87 degrees 42 minutes 46 seconds West along the north line of said Outlot C, a distance of34.00 feet and to the point of beginning; thence South 08 degrees 14 minutes 24 seconds East a distance of 66.68 feet; thence South 44 degrees 48 minutes 57 seconds West a distance of 45.32 feet; thence South 88 degrees 57 minutes 39 seconds West a distance of38.95 feet to a point on the southwesterly line of said Outlot C distant 108.00 feet from the southeast comer of said Outlot C and said line there terminating. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested with the following conditions: 1) Verification of new flood elevations for ponding. 2) Verification of overflow elevations. 3) Verification oflow floor elevations for adjacent properties. 4) Verification of revised wetland boundary. \ ) " Page Two , ) Vacation of Easement 13811 Palm Street NW 5) Verification of hydrology calculations. 6) Verification of hydraulic calculations. 7) A revised grading plan submitted to the City. 8) A grading plan showing where the storm sewer is located which is submitted to the City of Andover. 9) Review of drainage plan by Anoka County Highway Department. Adopted by the City Council of the City of Andover on this _ day of 1999. , , / ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor \ / C"ty f Vacation of Drainage & Utility Easement A' d 0 Hills of Bunker Lake 5th Addition n over 13811 Palm St. , - ~ I Q ..... Bunker Lake ( LEGEND I I SUbject Property 0 350' Mailing Boundary 1\/ street Center Lines D Properties Notified N Sources: A Andover Engineering Andover GIS Anoka County GIS \ Parcels D Lot I Parcel Boundanes D Right-of-Way D Water Features 1 inch ~ 857fee. RF -1:10,283 Map Date: November 03,199 CERTIFICATE OF SURVEY for HILLS, INC. 1_, I '- I ' , -. , , -. 1_ , .-. .... I '- . , .. -- , , .. / / 6'0 -'1'4 ~~~4; \,":>~4;~ ~ . ~+. &-. ~~~ ~~j::ii;: ~~~ tI) 60 R/W / ~O> 0- -c...; 1/)" '0 It)0 r;}'0' 'l~ II Q:' DESCRIPTION OF PROPERTY SURVEYED Outlot C, HILLS OF BUNKER LAKE 5TH ADDlnON, according to the recorded plot thereof. Anoka County. Minnesota, ~ r Scale: 1" = 40' Denotes 1/2 inch by 14 inch iron pipe o monument set. marked with a plastic cop inscribed 'RLS 25343' . Denotes iron pipe monument found. size and markings as indicated. The orientation of this Bearing System is based upon the recorded plot of HILLS OF BUNKER LAKE 5TH AOOmON, '~I ," r' " r- " .J , , .- ,- , ' " " '-' . ' t- .. , . 1/ ~ ~/) oF dl N87"42'46"W N.E. Cor. Outlot C-.... \ on 10 r \ 45.77 I I '...-_... r-Vi----,J.- "-...... PROPOSED DRAINAGE \ 0 l' - I ....;>.AND UTILITY EASEMENT' I~~ I.... I /" TO BE VACA TED -"-.... Ii...CXl. as I" 0 U '\....~. ~ '0/ : T L I r<l ~ I..... : OVT.\... ,I t, ~ ~ ", C I' g " I , ~ , I ,S:: '" " lfi?:!: , <0-;'" tt , 1'0,... ~ , "'l ~ '.....J',(;; ~ ~ I ' ~ '--' ,---" '~ 7 -..... o,ovt;,,,,, aO J O"t/. <"St<,,~; J Ot c '..Y (,;, <" N -.t lri "<t ..... w n I"') ,-, '-' tltSJ .~ VJ' "1.<" tr ..... o b o z , . '-' /.... ", ,-, '-' /.... !J1 o \~ f'~o f",,-s ,', ".' S.E. Cor. Outlot C DESCRIPTION OF PROPOSED DRAINAGE AND I AND UTILITY EASEMENT TO BE VACA TED Outlot C, HILLS OF BUNKER LAKE 5TH ADDlnON, according to the recorded plot thereof. Anoka County. Minnesota, EXCEPT the north 5 leet, the. west 10.00 feet, the southwesterly 15 feet, and that port lying easterly of the fol/owing described line: Commencing at the northeast corner of said Outlot C, thence on on assumed bearing of North 87 degrees 42 minutes 46 seconds West along the north line of said Outlot C. 0 distance of 45.77 feet and to the point of beginning; thence South 09 degrees 08 minutes 53 seconds East 0 distance of 58,34 feet; thence South 13 degrees 11 minutes 24 seconds West 0 distance of 66.80 feet to 0 point on the southwesterly line of said Outlot C distant 58.55 feet from the southeast corn'er of said Outlot C and said line there terminating. J hereby certify that this survey. plan or report was prepared by me or under my Inc. direct supervision and that I am a duly Licensed Land Surveyor under the Jaws of the Stat~ of Uinnesota. July . /999, I MIDWEST Land Surveyors & Civil Engineers. 799 Coon Ropids Blvd. . Coon Rapids. UN. 554JJ Ph, 5/2-786-6909 Fox: 6/2-785-9208 Jab No, /47-54 Boak-Pog. OCF Acod Fil. VACTFAS[ ~ 1999 Midwest Lond Surveyors .to Ciw Cn9if'1Hf'S. Inc. - /.,11 Rights R~s~rved. By Registration No. Minnesota Licensed Land Surveyor 25J4J o 0 N CREEK WATERSHED D 1ST R C T 12301 C..ntral Avenue Norlh9asl . suite 100 . /llo/no . Minnesota 65434 \ " NOTICE OF PERlmT APPLICATION STATUS Project: . lIilis of Bunker Sib Additional Lots Date: November 9,1999 Post-It. Fax Note 7671 To SUM ~I(.ICSO/'J Co.1DepL Phon9, From Applicant: Hills;, Inc. 10738 HanSon Blvd NW Coon Rapids MN 55433 Permit Application #: 99-10 EJC- 00. c.c..~ P!lone'7SS-0'''S Fax' 755'-OZ8'3 ""'IV Fax. ~: & ""A'TT)tI"~... At their meeting on November 8,1999; the Board ofManagen of the Coon Creek Watershed District approved the above referenced project. Please be advised that1his is not a permit. To proceed with and obtsin your permit, the Distrlct'must receive: ]. Performance eserow, $565.00, i. Payment may 9c made in cash, or ii. First SSOO paid in cash with remainder covcrcd by a lcaer of credit. Please be advised that this is not 11 permit, and that work without a pennit is a violation of the terms oflhe Coon Creek Watershed District Rule 1.03. If you have any questions, please ca1l612l755-0975. / ~i?~ Lori R. Haak District Planner cc: File 2-1-99-10 City of Andover Ed Matthiesen, Montgomery Watson '. ) . / p,inr"d 0(\ (.c:.,c:IGCS OCl~Q' NOU 09 '99 10:32 755 0283 PAGE. 01 - --- . -~~" ~,,~"''' W/'1 I COr:::>Ht:lJ lJ 15T TO RNDOVER Item 9, Hills ofBunlcer Lake 5" Additional Lots, Page 1 00 \ COON CREEK WATERSHED DISTRICT PERMIT REVIEw , ,I MEETlNG DATE: AGENDA NUMBER: FILE NUMBER: ITEM: November 8, 1999 9 2-1-99-10 Hills of Bunker Lake 5th Additional Lots RECOMMENDA nON: Approve with 2 Stipulations IN APPLICANT: Hills, Inc. 10738 Hanson Blvd NW Coon Rapids .MN 55433 PURPOSE: Development 00 lots (1.3 acres) within Hills of Bunker Lake 5th LOCATION: Outlot C of Hills of Bunker Lake 5th Addition Section 35, Andover-138th Ave NW and Palm St NW , \ , / APPLICABILITY: Bridges and culverts (1.06 sub 1) Any activity involving drainage, filling or alteration of wetlands (1.09) Dcvclopmcnt ofland not authorized by the municipal drainage plan (1.04) EXHIBITS: Permit application, rcvd 6/30/99 Grading plan by L. Olson, 2/5/99, revised 10/26/99, rcvd 10/27/99 Drainage area map by L. Olson, 2/5/99, revised 10/26/99, revd 10/27/99 Fax from Mark Kjolhaug reo wetland lines on Outlots B, C & D, 11/5/98, rcvd 1115/98 Certificate of Survey by Midwest Land Survcyors, 10/26/99, rcvd 10/27/99 HISTORY & CONSIDERA nONS: This lot was platted with Hills of Bunker Lake 5'h Addition and contains wetland. The lot is a result of a combination of 2 lots from the original plat. The applicant is seeking to develop the lot, but needs a portion of the drainage and utility easement vacatcd to do so. The project was tabled on 7/26/99 with 7 stipulations. FINDINGS: Wetlands: Wetland exists on-site according to the 1987 Federal manual, NWI and Soil Survey. Wetlands were delineated in conjunction with Hills of Bunker Lake 5th Addition. The wetland on Outlots C & D was rccvaluated on 10/6/98 by Mark, Kjolhaug, who found the wctland boundary to be lower than originally delineated. The revised wetland boundary has been checked. Therc is no wetland impact proposcd. Wetland Replacement Plan: A wetland replacement pIan is not needed. , I NOV 04 '99 13:S3 7SS 0283 PAGE. 01 -. .--.. --... -,,-. ,'-..... V.....ll IU I"1r'iJ.JUv~ P.02 Item 9, Hills of Bunker Lake 5"' Additional LOIS, Page 2 00 Floodplain: nla "' ) Soils & Erosion Control: Soils affected by the proposal are Lino loamy fine sand and Scelycvillc muck. Stabilizing vegetation is proposed for disturbed areas within two weeks of rough grading. Adjacent properties and stonnwater ponds are protected from sediment deposition. Project site is not greater than 5 acres, an NPDES permit is not required. Water Quality: Project does not include impervious drainage areas greater than 2 acres. All discharges into wetlands are pretreated by a sediment basin/water quality pond, and arc designed correctly. All work adjacent to wetlands, watcrbodies and water conveyance systems are protected from erosion. The proposal will not detrimentally affect the existing water quality of the receiving water. The proposal will not cause extreme fluctuations of water levels or temperature changes. Storm water & Hydraulics: n/a Groundwater: The site does include groundwater sensitive areas. Information has been provided to substantiate low floor elevations. It is unclear whether low floor elevations meet the criteria for the City of Andover; 3 ft above highest anticipated water table, I ft over 100 yr. The 2-100 year high water level for landlocked pond #1 is unclear (888.0 on the Hills of Bunker 5U, regrading plan, revised] 0/26/99, and 888.77 on the Timber Oaks grading plan, revised 8/14/96). The applicant should either provide calculations to confirm the 2-100 year is 888.0 for the watershed as developed or raise the low floor for outlots C and D to 890.0. , J Wildlife: The proposed project does not include endangered or threatened specics, rare natural communities, colonial waterbird nesting sites, migratory waterfowl concentration areas, deer wintering areas or wildlife travel corridors. Historic Sites: The proposed project does not include sites of historic or archeological significance. Ditches: Project drains to Ditch 57 (Coon Creek). Maintenance: The proposed project does not include ditch maintenance easement, utility line crossings, or access to ponding areas. Property owners affected by changes in drainage have been notified and acknowledge the changes proposed. Local Planning & Zoning: The proposed project is consistent with local planning and zoning. There is no approved local water plan. Performance Escrow: $500 + 1.3 ac ($50.00/ac) = $565.00 .---- " I NOU 04 '99 13:53 755 0283 PAGE. 02 -- , Item 9, Hills ofBunkcr Lake Sill Additional Lots, Page 3 on .) FINDINGS/ISSUES/CONCERNS: Groundwater: It is unclear whether low floor elevations meet the criteria for the City of Andover; 3 ft above highest anticipated water table, ) ft over 100 yr. The 2-100 year high water level for landlocked pond #1 is unclear (888.0 on the Hills of Bunker Sill regrading plan, revised 10/26/99, and 888.77 on the Timber Oaks grading plan. revised 8/14/96). The applicant should either provide calculations to confirm the 2-100 year is 888.0 for the watershed as developed or raise the low floor for outlots C and D to 890.0. RECOMMENDATION: Approve with 2 Stipulations Stipulations: 1. Receipt of escrow; and 2. Provide calculations to confirm thc 2-100 year is 888.0 for the watershed as devcloped or raise the low floor for outlots C and D to 890.0. .' \ I J NOV 04 '99 13:53 755 0283 TOTAL P. 03 PAGE. 03 :, ',----,) '-J , . , r---...... "-) .' -.-- ~~ #' " k '~ ", \ ~ " \. l ~l CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 VACATION OF EASE:!'l:ENT REQUEST FOR!'! Property Address 11811 NW Palm Street Legal Description of property: (Fill in whichever is appropriate): Lot C Block OiL Addi tion Hills of Bunker Lake 5th Addn Plat parcel PIN R35 32 24 14 0053 (If metes ana bounds, attacn the complete legal) ----------------------------------------------------------------- Reason for Request To build a home and put the property on the tax roll Current Zoning R-1 ----------------------------------------------------------------- Name 0 f Appl i can t Hills, Inc. Address 10738 Hanson Blvd NW Coon Rapids MN ~~433 Home Phone 1 Business phone (612) 755-6554 Signature Cff Date 10-26-99 ------------------~--------------------------------------------- property Owner (Fee Owner) (If different from above) Address Home phone Business phone Signature Date ----------------------------------------------------------------- - -. ) / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MI,NNESOTA ~5304 .(612)755~510p ;c', '. , .:' ' " ~ .'" : - .."-,",.;- , ,~ . .: . . -", --' -"-", .'..> "-. ... "'." -.. ..,",;~;~f~~t~~~1~~~~~{~~{~~~~~,I: ~'. . - '. . '- .~.: ",.,_,-"_ : >.~.~ '....'~._ 't-c...~"':.:-(i"-'7:~'..::/...:..,.'......:-. ,.: " ' J - ,-- NOTlCEOF,PUBLICHEARING.,..:. '. . ,.,'";,,',,. "..,..,;.;,v','v,,,,',,:;;"S- ;' 0: i:ifj~': \,-, :'" ~ ".",: .::,~ , ' ~'~";'~ ~,'::~'~ :>r.~~~:~~~,..;'~,ht:',::,~},~::\;'~~~(;:,':~~""~"':~: Y~7.~'-","'::',: :.t.:Z;:~~;~l:;:;~~-~~~'~~~~. ;,~r::~ ", " 'J11e Cit}{ ,<;O!Jllcil, ofthe-City:9f~~oyc::t~lh(jlct'a pul)~!C ,hearipg}~t,7~(Wp:iif.;~9(~-~'::~i~,;.:',~&~,:~/::~' ,~3{;.; ';.~:.-, 'soon 'thereafter as can be heard, on Tuesday, November 16; 1999 at Atidover~Cit)r,Ha).l, :,-!:',;,,>, ,', :~, ,,~::~ , '., 1685 Crosstown Boulevard Nvi,'Andover, MiIine;oui'to-revi.e~'tlie'~~tioh of~e~ent~':;:/.', ".: " ,;~,;;', , ~equest'of~ils;, Ine:' to 'v~a~~"'~,'~Qrtio~,:of~e ~ge'~d,F~~tY:-~~~?ti9#oi~4 ~t:;;":~f.~~'~~'~~ :i~ ;.;;;:~:r;~::'f 13~1 fNW Palm ~treet legally described'as L<?fC Block Outlot (pIN 35:'37-24-14~00~3): " ,; '> > " :' '," . c-,., .' , -1'0, ~ . - . ~._- : .. \ All written' and verbal comments\\ili be. receivfdat that time. Written commehtS caii b~';:" : .... submitted prior to the meeting at fax (612) 755-89230r'email: ." " mbainett@cLandover.mn.us. A copy of the proposed application Win be. available for review prior to the meeting at City Hall. Please contact Megan BaT?ett, Planrung Intern, with any questions at (612) 755-5100. '~'-~ ,:" . . .' Publication dates: November 5,1999 November 12, 1999 \ j PIN 3Q3224230019 PRZYBILLA FLOYD M & TODD DEBRA , "6 OLIVE STNW i-.._JOVER, MN 55304 PIN 353224140038 HINKEL CHAD E & LORI A 13875 REDWOOD ST NW ANDOVER, MN 55304 PIN 363224230004 JACOBSON TRENT L & TERESA L 13914 NORWAY STNW ANDOVER, MN 55304 PIN 363224230017 COLVIN ELAINE F & BLAKE JON E 13903 OLIVE ST NW ANDOVER, MN 55304 PIN 353224140039 GILSRUD DENISE L & ROSS C 13857 REDWOOD ST NW ANDOVER, MN 55304 \ , PIN 353224140042 PLOCIENIK FRANK & DOROTHY M 13838 PALM STNW ANDOVER, MN 55304 PIN 353224140052 HILLS INC 10738 HANSON BLVD COON RAPIDS, MN 55433 PIN 363224230001 ANOKA COUNTY OF 2100 3RD AVE ANOKA, MN 55303 \ / PIN 353224140051 FOX GARY J & WENDY J 13905 PALM STNW ANDOVER, MN 55304 PIN 363224230016 WOODLAND DEVELOPMENT CORP 830 WEST MAIN ST ANOKA, MN 55303 PIN 353224140052 HILLS, INC. 851138thAve. ANDOVERr, MN 55304 PIN 353224140049 DALEN DARRYL P & PATRICIA S 13867 PALM STNW ANDOVER, MN 55304 PIN 353224140043 HABERMANN MARK A & TERRI M 13856 PALM STNW ANDOVER, MN 55304 PIN 353224140040 MEYHOFF TODD C & TAMMIE J 13839 REDWOOD ST NW ANDOVER, MN 55304 PIN 353224140033 URBAN PETER J & STACIE L 862 138TH AVE NW ANDOVER, MN 55304 PIN 353224140034 SCHW AAB SCOTI A & ALICIA N 850 138TH AVE NW ANDOVER, MN 55304 PIN 353224140045 STONER JANE E 13892 PALM ST NW ANDOVER, MN 55304 PIN 353224140050 FRANK STEVEN J & MARCIA L 13887 PALM ST NW ANDOVER, MN 55304 PIN 353224140044 STIJELAND NORMA 13874 PALM STNW ANDOVER, MN 55304 PIN 363224230005 PETERSON KENT C & DORRIE M 13904 NORWAY ST ANDOVER, MN 55304 PIN 353224140048 SPINDLER KERRY J & CINDY M 13849 PALM ST NW ANDOVER, MN 55304 PIN 353224140047 LANTIA KEITH F & MARGARET E 13829 PALM ST NW ANDOVER, MN 55304 PIN 353224140041 BOULEY MARTIN B & C HARTMAN- 13821 REDWOOD STNW ANDOVER, MN 55304 PIN 353224140035 SCHULTZ DANIEL L & SABA K D 838 138TH AVE NW ANDOVER, MN 55304 PIN 353224140032 OBEY STEVEN Z & KARl L 874 138TH AVE NW ANDOVER, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: December 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,~[ Engineering ITEM NO. Aeprove Purchase of Survey Level .2J 7, The City Council is requested to approve the purchase a survey level from Sokkia Measuring Systems in the amount of $1,666.00. Quotations received are as follows: Vendor Sokkia Albinson Quote $1,666.00 + tax $2,085.00 + tax \ ) It is requested that this item will be funded from the 1999 Engineering Department, Office Equipment Fund. \ ) ) ~- '. " ,j - " .., '\ / '\ / ~., . - . ~, .. - - ",,""- ;~ ,'~?< /~~:. ::~.:~~'>,:;~:~.rf.~~:;~j .".' a <' . ~ .,~ !/3/J:l~~'i~.F~CIcic.I1LBZD U:~L 9- zs-...!....EL~(StM~ .fU)JJ. ..~~ .~.. ..' . ~lt.1cJA -tTAX~_ -t7J\X . I _ALBIIJ.1aJJS i SoJU</~ ;. _ ~l.'~ +- TAX AL8J~:.II~ SS-1'..1M' ~ ---. -"-.- -,-". .-- ~ _ -.------------..-------.-.---. ---,-'-'---'-' -.-_.~----------- . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ , ./ DATE: December 7. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion . City Clerk V ITEM NO. ~. Approve Contract Renewal/Peach Associates Peach Associates has asked to have their contract updated for the taking and transcribing of City Council and EDA minutes. The hourly rate will remain at $22.50; the charge per typewritten page of minutes will increase from $8.45 to $8.80. This is approximately a 4% increase. Attached is a letter from Marcie Peach and a copy of the new contract which will go into effect on January 3, 2000. \ / '\ " J ~ November 29, 1999 -~/) Mayor Jack McKelvey Councilmembers Dehn, Knight, Kunza. Orttel CITY OF ANDOVER 1685 Crosstown Boulevard NW Andover, MN 55304 The Honorable Mayor and Council: Enclosed is an updated contract between the City of Andover and Peach Associates, Inc., for the taking and transcribing of Minutes of the City Council and EDA meetings. The contract proposes an increase in the 2000 rates of about 4 percent; however, that increase is for the typewritten pages only. No increase is proposed for the hourly rate. , " City Council + EDA - Hourly rate remain at $22.50 per hour of meeting + one-half hour of travel time per meeting. Increase from $8.45/typewritten page to $8.80 per typewritten page of Minutes ) As always, thank you for your continued support. Sincerely yours, \\\ ~~ ---------? Marc~ac~ Peach Associates, Inc. \ I ,_ J , ., \ .' , / CONTRACT AGREEMENT This contract agreement between PEACH ASSOCIATES, INC., 15830 University Avenue NW, Andover, MN and the CITY OF ANDOVER, 1685 Crosstown Boulevard NW, Andover, MN shall be effective beginning Monday, January 3, 2000, and may be terminated by written notice within 60 days by either party. The contract agreement includes the following: 1. Peach Associates, Inc., agrees to provide the City of Andover with one Copy of Minutes for the City Council regular and special meetings and Economic Development Authority Meetings within seven working dates after the date of the meeting. 2. The City of Andover shall provide City letterhead for the first page of the Minutes, tapes for recording the meetings, and supporting Agenda material for the meetings. All other supplies shall be furnished by Peach Associates, Inc. 3. The City of Andover agrees to pay Peach Associates, Inc.: City Council & EDA - $22.50 per hour or fraction offor meeting attendance and one-half hour of travel time ($11.25) per meeting; plus $8.80 per typewritten page of Minutes 4. Changes to the above stated fees must be by mutual agreement of both parties. PEACH ASSOCIATES, INC. \\\c~'-L&kC Marccl1aA. Peach ---::;, -<~vL CITY OF ANDOVER Jack McKelvey, Mayor Victoria V olk, City Clerk DATE: ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ~., j DATE: December 7.1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson~ Engineering ITEM NO. Approve Purchase of Municipal Well Site/Lot 1, Block 2, Shadowbrook 5th Addition jq. REOUEST: The City Council is requested to authorize the purchase Lot 1, Block 2, Shadowbrook 5th Addition. This lot would be purchased as a potential future well site for the City. A test well was previously installed at this location which indicated a abundance of water at this location. The only drawback was that the water had a high manganese content which would require wellhead treatrnent to be installed to improve the water quality. Although at this time we are evaluating more cost effective locations for well sites we feel it is prudent to reserve this site as a future well site for the City. The developer had indicated the list price of the property to be $49,900 but had indicated the cost of the site to the City " would be $47,900. If approved by the City Council the lot would be purchased for $47,900 and the City ~) Attorney would assist on the purchase of the property. The funding for this project would be from the. City Trunk Water Fund. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ( "', DATE: December 7.1999 AGENDA SECTION ORIGINATING DEPARTMENT N on- Discussion/Consen t Administration Richard Fursman ITEM NO. '-fO . Y2K Staffing/December 31, 1999 The Council is advised that plans for staffing emergency services are being finalized for New Year's Eve. Andover will have a stand-by crew of emergency personnel staged at the fire station from 10pm - 2 am. The Sheriffs department will have every officer on duty for the evening. At this point there seems to be no purpose in keeping City Hall open, and will be unstaffed unless otherwise directed by council. If people need emergency services, the 911 service will be the way to access those services. Problems are not anticipated with any City services or utilities. The only problem anticipated is the reaction of people to the New Year's event. There will be the typical, party related behavior, and some people are sure to treat the day as a reason to be weird. ,- -" , ' ~/ ., CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Date December 7.1999 ORIGINATING DEPARTMENT ~ Finance ~ Jim Dickinson AGENDA SECTION Amended Approval of Claims J {ITEM NO. Schedule of Bills REOUEST: The Andover City Council is requested to approve total claims in the amount of $ 667.175.01. BACKGROUND: Cl,ims totaling $ 109.164.01 on disbm,,,",nt ,dit iist #1 dot,d 11-30-99 hO" boon issu,d ond "1",,,d. Claims totaling $ 558.011.06 on disbursement edit list #2 dated 12~07-99 will be issued and released upon Council approval. Date: 12-07-1999 Approved By: '" '" . . . . . . ~.. " 3:0000 " . . . ~'" . 0,. , , , , , ~ '" '0 . . "-0 0 ~""""""I-' !i 0 . . 0 r<C'H .................... ,. ~ . . ~'" "'. ....WWWW , " . . "-H . V10000 0, " . . ~Z ....." ...................... '" '" '" . . ~il; .... ~ \,D\D\DIJ)\O , 0 . . . "-"" 1,1)\0\0\0"" H C ~ . . 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'" ~~~~'~ \;! 0 0 '" 0 \,OO'\o'\...:I~U'I '" '" .... .... '" .... ~oO'\Gl""'\'o '" ~. '" ; .... '" .... l,1\~ot-,)\,O\,o '" .... " '" . . . . . . '" .... 0 0 z 0 I,1\GlOO'\oo Z . !;: '" '" .., '" \00'\0.....00 .., '" '" '" ,. '" '" '" ~ '" " .. 0 '" '" 1< '" '" z :' "" t<t< "'0 ..'" 00 "'''' .::: on "'.... . .., 0'" o o "'.. '" Il!;: "''' ~~ "'" "'''' O~ b- \ \\\f\ l DATE December 7. 1999 ITEMS GIVEN TO THE CITY COUNCIL . Special City council Minutes - November 9,1999 . EDA Minutes - November 9,1999 . Planning and Zoning Minutes - November 9, 1999 . City Council Minutes - November 16,1999 . Park and Recreation Minutes - November 18,1999 . Letter from Todd & Karin Moen - November 18,1999 . Letter from Larry Whitman - November 20, 1999 . Letter from AI & Pat Sailer - November 30,1999 . Letter from Bob Kast - December 2,1999 . Memo from Brian Kraabel - December 2, 1999 . sunridge Preliminary Plat . Shadowbrook 6th Addition Preliminary Plat . 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'wa1sAs arp uo Stlam lS::ll{lJtlj ::lrp olla~ trn:) 1! aJojaq a1f!JOJq:> ::lrpjO Al!-foftlw ::lrp do ::lsn Ja1tlM arplr! sJ1lla1f!W ::lrp astltl:>::lq S! sffi 'JU11P!saJ ::l1f!JoJll:> JadOJd ::lrp 1f!tll1J!tlW 10Utrn:> ::lM 1mp W::l1SAS Ja1tlM. ::lrp uo Stlam am aJalfl. 'Ja1tlM. ::lrp S::lltll{.OqM lU::lP!saJ ::l1tl.I! trn ump aJow aw swa:>uoo W::lIqOJd Ja~S!q V -' . ." Enron Transportation & Storage Sen'ices Pror:ided by NortherIJ Natural CdS Company and Trallsrct'sterll Pipe/in/! Company 1600 West 82nd Street. Suite 210 Minneapolis. MN 55431 (612) 887-1700 December 7, 1999 Dear To Whom It May Concern: RECEIVED D~C 0 11998 CITY _ OF_ ANDOVER City of Andover 1685 Crosstown Blvd. NW Andoverr MN 55304 Northern Natural Gas Company (Northern) is an interstate pipeline company engaged in the business of transporting natural gas by pipeline. Northern developed a plan for the installation of a natural gas pipeline and appurtenances in order to supply additional volumes of natural gas to the Anoka County area. To complete the projectr Northern will be constructing a pipeline on its permanent easement across your property legally described as a portion of the NE~ of SW~, Section 18, and a portion of the ~ of Section 25, all in T32N, R24W, Anoka County, Minnesota. A representative of Northern has been negotiating with you to acquire the following temporary easements for workspace during construction of the pipeline and appurtenances: · A strip of land 55-feet in width parallel and adjacent to the existing easement, and an additional area parallel and adjacent to the existing easement, all in a portion of the ~, Section 25, T32N, R24W. · Two (2) areas parallel and adjacent to the existing easement, all In a portion of the NE~ of S~, Section 18, T32N, R24W. Based on those negotiations, I am prepared to recommend that Northern pay you the sum of One Thousand Nine Hundred Eight Dollars (1,908.00) for the temporary easements. (In addition to this amount, Northern will be paying you six Hundred Thirty Seven Dollars ($637.00) for the additional pipeline to be laid across your property. This amount is not negotiable.) This offer may be accepted until December 12th, 1999. If the offer is not accepted by that date, Northern will commence eminent domain proceedings to obtain the necessary temporary easements to construct the pipeline. I hope that we can reach an agreement. in order to avoid the time and expense of litigation. Natural gas. Electricity. Endless possibilities.™ ~ Page 2 Please call me as soon as you have had the opportunity to consider our offer at 612-576-0808. Yours truly" NORTHERN NAT~AS J ff Brockwell ight-of-Way Project COMPANY Manager CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: December 7 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Hire/Accounting Clerk/Finance Department t14. Finance Jim Dickinson Request: The Andover City Council is requested to approve the hiring Deanna Connoy to fill the position of Accounting Clerk for the Finance Department. A tentative offer subject to council approval was offered that will be within the compensation scale. Terms are as follows: Start = $27,364 annualized January 1,2000 = $30,231 annualized Six months = $31,379 annualized Deanna was selected from a field of 55 applicants.