The URL can be used to link to this page

Home My WebLink AboutCC July 5, 1995 \ CITY of ANDOVER / Regular City Council Meeting-July 5, 1995 Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Public Hearing/Timber Meadows 2nd Addition/Vacation of Easement, Cont. 2. 1994 Audit Presentation 3. Consider Hiring Construction Inspector, Cont. 4. Approve preliminary Plat/Andover Center 2nd Addition 5. Approve Final Plat/Andover Center 2nd Addition 6. Special Use Permit/Repair Garage/1714 Bunker Lake Blvd. 7. Special Use Permit/Accessory Structure Prior to Principal structure/14621 Grouse street N.W. 8. Lot Split/Variance/14278 Underclift Street NW 9. Variance/15425 prairie Road/Sagvold EDA Meeting 10. Purchase Best Auto Parts Staff, Committees, Commissions 11. Computer Contract 12. City Hall Advisory Task Force 13. Ordinance 66 Amendment Non-Discussion/Consent Items 14. Abate Assessment/Heidelberger Property 15. Approve Joint Powers Agreement w/Oak Grove/95-11/181st Ave. 16. Receive Feasibility Report/Order Public Hearing/95-10/ Hawk Ridge & Countryview Estates 17. Transfer of Funds from Water & Sewer Trunk Funds to Imp. Bonds of 1986B 18. Approve CO #1/95-1jWoodland Creek 5th Addition 19. Approve CO #2/94-18/Section 22 Trunk Sewer & Watermain Mayor-Council Input Payment of Claims Adjournment CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 5, 1995 DATE AGENDA. SE~T10N NO D1Scuss1on Items ORIGINATING DEPARTMENT ~1nance APPROVED FOR AGENDA ITEM NO Receive 1994 Audit, Financial Report and Management Letter Jean D. Finance ~::n Director 7)/ ~. ~;)'~' The Andover City Council is requested to receive and accept the 1994 audit report, annual financial report and management letter. The financial statements will be published in accordance with State law and will be submitted to the state Department of Revenue upon acceptance. BACKGROUND The accounting firm, Malloy Karnowski Radosevich & Co., P.A. has completed the audit work for the year ended December 31, 1994. The enclosed copy of the Annual Financial Report and accompanying \ management letter convey the financial results of the City's , operations for 1994. Items of particular interest include: The General Fund fund balance increased $130,423 during 1994 to a year end balance of $985,876, which is 34.9% of the 1994 adopted General Fund budget. Ideally, the General Fund fund balance should be 40% of the adopted budget, which would be $1,153,616 for year end 1994. Income for the water and sewer funds was $251,245 and $99,884 respectively. After adjusting for contributed assets and inter- fund transfers, the Water Fund retained earnings increased by $185,531 to $676,407. The Sewer Fund retained earnings increased $57,706 to $456,606. Mr. Bill Lauer, from Malloy Karnowski Radosevich & Co., P.A. will present an overview of the audit and the financial report. " / MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 5, 1995 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED r-.o. Approval of Minutes FOR AGENDA ITEM City Clerk V r-.o. Approval of Minutes Volk b.~ ' v. The City Council is requested to approve the following minutes: June 20, 1995 Regular Meeting June 20, 1995 Special Closed Meeting , ) , / MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL AcrION DATE July 5, 1995 ITEM t-.D. Todd Haas, Engineering #j( APPROVED FOR AGENDA AGENDA SECTION t-.D. Discussion Item ORIGINATING DEPARTMENT Public HearingjVacation of Easement/Lot 3, Block 5 Timber Meadows 2nd Addition BY~ I. The City Council is requested to hold a public hearing which was tabled from the last City Council meeting of June 20, 1995. Attached is the backup from the June 20, 1995 meeting. .. \ ) j MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACfION June 20, 1995 DATE AGENDA /10. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item Todd Haas, Engineering ~ BY: ITEM ~. Public HearingjVacation of Easement/Lot 3, Block 5 Timber Meadows 2nd Addition I. The City Council is requested to hold a public hearing at 7:00 PM for the request of a Vacation of Easement for a portion of Lot 3, Block 5, Timber Meadows 2nd Addition. Attached are the following: \ I - Resolution vacating easement for City Council approval - Application for the Vacation of Easement - Notice of Public Hearing - List of Property Owners within 350 feet This is being vacated to eliminate problems in the future for a future home owner in case they may want to build an accessory building or add onto their home. / MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT ON LOT 3, BLOCK 5, TIMBER MEADOWS 2ND ADDITION. WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the vacation of a drainage and utility easement located on Lot 3, Block 5, Timber Meadows 2nd Addition and WHEREAS, as a result of such hearing and review, the City Council recommends vacation of said drainage and utility easement, legally described as follows: Description to vacate drainage and utility easement over Lot 3, Block 5, Timber Meadows 2nd Addition, Anoka County, Minnesota. , J The south 10.00 feet of Lot 3, Block 5, Timber Meadows 2nd Addition, Anoka County, Minnesota, according to the record plat thereof, which lies easterly of the westerly 320 feet thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover hereby agrees to vacate said drainage and utility easement legally described above on Lot 3, Block 5, Timber Meadows 2nd Addition. Adopted by the City Council of the City of Andover this of July , 19 95 . 5th day CITY OF ANDOVER ATTEST: Jack McKelvey - Mayor Victoria Volk - City Clerk , I / ...fA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 VACATION OF EASEMENT REQUEST FORM Property Address Legal Description of property: (Fill in whichever is appropriate): Lot ff 3 Block 1t S Addi tion ~ ~ liMI3'i.;L ;LI !./1-tJc1<.J 5> ~'--- Plat Parcel PIN (If metes and bounds, attach the complete legal) ----------------------------------------------------------------- for Request '3 f(c/L.:> . I (,~~~ Current zoning Name of Applicant '7/1 Address ','"")1) \); ----------------------------------------------------------------- \,tEDDcAf'-JD ^ / fL., ,"\ f "\-n ".J tl/l,(0 I ,1 '^ I! -;,., 7'-" ..... ~""'I Home phone:; ,I (f Business Phone --:-/./ i - ~v YA- ' Ii II i\ ~ ;/ . /' Signa tu r e _lUl!'-'J'v\lJ1" v,)~\....l""'\"....{ Da te ( " '(-f "7 ~ ------------tr--------------------------------------------------- Property Owner (Fee Owner) (If different from above) }> L~Z-\..i./ P \,,\,"~-^-) r sr A--tJ&;(L.:A r Address Home Phone Business Phone Signature Date ----------------------------------------------------------------- \ ./ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MINNESOTA 55304.(612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " NOTICE OF PUBLIC HEARING The City Council of the City of Andover will hold a public hearing at 7:00 P.M., or as soon thereafter as can be heard, Tuesday, June 20, 1995 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to review the Vacation of Easement for a portion of Lot 3, Slock 5, Timber Meadows 2nd Addition at the request of the woodland Development: DRAI~AGE AND UTILITY EASEMENT TO BE VACATED An easement for drainage and utility purposes to be vacated over, under and across the following described property: / The south 10.00 feet of Lot 3 Block 5, TIMBER MEADOWS SECOND ADDITION, Anoka County, Minnesota, according to the record plat thereof, which lies easterly of the westerly 320.00 feet thereof. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to the meeting. '.- d.(E~ ;,(d Victorla Volk - City Clerk publication Dates: June 9, 1995 June 16, 1995 I , I File: 844.60 PROPOSED DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED " The south 10.00 feet of Lot 3 Block 5, TIMBER MEADOWS SECOND ADDITION, Anoka County, Minnesota, according to the record plat thereof, which lies easterly of the westerly 320.00 feet thereof. See attached "Exhibit A" / " I /"\ .,~/'" I ....."",., I 0,'0' 0" TIMBER ~~'O: , M~ADOVJ 3 I \ SECO~D \ , 1111 ~~~~~g~ I Assoc.,lnc. Engineers. Surveyors &. L.mdscape Archi[e<:ts 222 Monroe Sueet. Anoka. Minnesota 55303 612/427-5860 <J, , .J='o'" ~.j, I?PO' '~<? I '~o~O" -........, 366_75 0 \ ;= - - - - -- - - - - - - - -, o ~ lO~.:. ~3"'N LANE 319.80 II I I I 2 , I I I wi I :(\,/1 i.., -~i :~ I" 'bl I~ 5Zj, I : , I I I , J 31980 1299.36 N88.24'33"W ~ '1 :: Denotes Iron Monument J Scale NONE:. I Book Page See. T. ;'~ I "', I -.. I I Ig I....J~ liD en 165.00 I': \WQ 3: N89"S9'3S"W[' \:;Z 0=\0;;; (I0\RODS11;;; J. 0",0 ,0 I..... .- 0 ,0 ~ l{) 0 a: I '0:: '. 0 . <D ~Q (IO ROOS)'lg;:,~ 15~ - ~S890S9'3S"E I :~ IO~ 165.00 \: ~;~ J- ..:::...\ , l{)?= I (\J ~I d-gl CD ~I 50 I L 75 T I I I I S't<ETC.\4 O~ CASEf'.J1EN\ \/ACA\\ON " o ~ 50 I hereby certify that this survey, plan or report WiJ5 pre~ared by me or under my direct supervision and that I am a duly Regls- terep27;::dthe laws of the State\;;~esota. ~ ~ RegNo 4/1:,/QS M4,~O Dale . Job No, '!: Z :" _00 \ \, :i / z: l~ ~oO:o \ "-- Y a:J ",,;"'00 <J~3'~ I lco ,," ..OJ '1,,0' \ 000 . "!~/? I I IV -- ~ ~Jg 00" ......-_ ___ 30 30 -I',il ~ \ -75,69-. ,00 ,'- '-;-- _ _ _3~rL _ ____,J "'~.a. IIl;Q ~ \ , -- Q ~ : S89~~9'3~"W o , i65,OO 130,CC' ~, 35659 1132.-54 NoW. 492.75 t- :,~o .co 599_7s ... 105,JO ---, I I AOON. t;.A.'ScNE.NT TO 6E. V A.CA T= a ,", '" :>' !;:i i \ \ L South Wne of Ihe No~heC31 Of"ter of ~!'le ,"'or~!'leo.st Qual"!er of 'see,; 7, 1.32. R. 24, Anoka County, Minnu " II A E~H\8\\ R. \ , / Parcel Search 1 3224110015 " , J r )> ~ m OJ r < o , / N W*E s PIN: 163224220001 ~IERTES WILLIAM G & JOAN C 16.115 ROUND LK BLVD , A:, ,'VER MN 55304 P[:';: 163224220032 CLEVELAND DENNIS M & S J 3126 163RD LN NW ANOKA MN 55304 PI:';: 163224220034 MERTES WILLIAM G & JOAN C 16315 ROUND LK BLVD NW ANDOVER MN 55304 PIN: 163224230010 KIRK JANET M 6821 INTERLACHEN BLVD EDINA MN 55436 P[;.r: 173224110004 ~I.-\LSTROM M L & PALMQUIST R 830 W MAlN ST .-\);OKA :vIN 55303 '- , / PI;.i: 173224110006 ~IODEEN DANIEL J & BOERSMA C L 3312 164TH AVE NW '..;.rDOVER MN 55304 ?[:'I: 173224110010 ~I.-\LSTROM M L & PAL~IQUIST R 830 W MAlN ST .-\:--10KA M:--1 55303 PIN: 173224110014 F.-\:'-iGER BRIAN J & SUSAN A '5 163RD LN NW .lOVER MN 55304 ?I);: 173224140001 WOODLA:'-iD DEVELOPMENT CORP C.-\RLSO:'l L.-\WRE:--1CE B 830 WEST ivL\IN STREET ,-\:'<OK..-\ ~IN 55303 \ J PIN: 163224220023 BEAL MICHAEL L & SUSAN E 3153 164TH AVE NW ANOKA MN 55304 PIN: 163224220033 LEONHARDT MICHAEL J & P K 16340 JONQUIL NW ANOKA MN 55304 PIN: 163224230009 LARSON JA1\1ES M 3095 162ND LN NW ANDOVER MN 55304 PIN: 173224110002 MOE KERRY & CLENDENING JOELLE 16326 ROUND LK BLVD NW ANDOVER MN 55304 PIN: 173224110005 MALSTROM :vI L & P.-\UvIQCIST R 830 W MAIN ST ANOKA MN 55303 PIN: 173224110009 MALSTROM :VI L & P.'\.L:VIQUIST R 830 W M.'\.lN ST A:'IOKA MN 55303 PIN: 173224110013 GUDMUNDSON LYNAE M & CONR-l"D P 3372 163RD LN NW ANDOVER MN 55304 PIN: 173224110015 MALSTROM M L & PALMQUIST R 830 W M.'\.lN ST ANOKA MN 55303 \ J ANOKA COUNTY G.I.S. 2100 3RD AVENUE ANOKA. MN 55303 OFFICE: 6121422-7508 FAX: 6121422-7508 PIN = Parcel Identification Number 17,Apr-95 PIN: 163224220001 PIN: 163224220023 PIN: 163224220032 PIN: 163224220033 MERTES WILLIAM G & JO 16315 ROUND LK BLVD ANDOVER MN 55304 BEAL MICHAEL L & SUSA 3153 164TH AVE NW ANOKA MN 55304 CLEVELAI~D DENNIS M & 3126 163RD LN NW Al'IOKA MN 55304 LEONHARDT MICHAEL J 16340 JONQUIL NW PIN: 163224220034 ANOKA ~IN 55304 / PIN: 163224230009 PIN: 163224230010 PIN: 173224110002 PIN: 173224110004 MERTES WILLIAM G & JO 16315 ROUND LK BLVD NW ANDOVER MN 55304 LARSON JAMES M 3095 162:'-10 L:-l NW ANDOVER MN 55304 KIRK JA:-lET :vi 6821 INTERLACHEN BLVD EDINA MN 55436 ~10E KERRY & CLE;"WENI 16326 ROUND LK BLVD NW A:'<DOVER MN 55304 MALSTROM M L & PALMQ 830 W ;'vL.1JN ST ANOKA MN 55303 PIN: 173224110005 MALSTRO;'vI ;'yI L & PALMQ 830 W ~L.1JN ST .-\NOK.-\ \IN 55303 \ J / PIN: 173224110006 MODEEN DANIEL J & BO 3312 164TH AVE NW ANDOVER MN 55304 PIN: 173224110009 MALSTROM M L & PALMQ 830 W MAIN ST At'J 0 KA MN 55303 PIN: 173224110010 MALSTROM M L & PALMQ 830 W MAIN ST ANOKA MN 55303 PIN: 173224110013 GUDMUNDSON LYNAE M 3372 163RD LN NW ANDOVER MN 55304 PIN: 173224110014 FANGER BRIAN J & SUSA 3326 163RD L:'-I NW ANDOVER MN 55304 PIN: 173224110015 MALSTROM M L & PALMQ 830 W MAI:'-I ST A;'-I 0 K.-\ MN 55303 PIN: 173224140001 WOODLAND DEVELOPME CARLSON LAWRENCE B830 WEST ANO K.A" MN 55303 \ J " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 5, 1995 DATE AGENDA SECnON NO Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO scott. Eric~son~1 Engl.neenng 'Jl V BY: Consider Hiring Construction Inspector Cont'd. s. At the June 20, 1995, Council Meeting, the City Council was presented with a request to hire a full time Construction Inspector. This item was tabled for additional information to be provided regarding this position. Wages - The proposed pay range for this position is $36,000 - $40,000. - The estimated cost of the position including benefits (est. 15% of Salary) is $41,400 - $46,000. * Benefits are approximately 15% of salary. \ Juties - Are as outlined on the attached job description. - The duties would be primarily utility inspections of new development projects. Septic Inspection - It is not recommended to utilize this position for septic inspections as construction inspections and septic inspections are both performed primarily in the summer months. _ It is proposed to utilize the income generated from this position to fune a septic inspection program (See estimated income). Estimated Income % of Time Approximate Hourly Total Billed to Rate Hours Overhead Amount city Projects (Includes Benefits Worked Rate Billed Out Income 25% X $22/hr X 2080 hr X 2.95 .. $33,748 $-12,012 50% X $22/hr X 2080 hr X 2.95 .. $67,496 $+21,736 75% X $22/hr X 2080 hr X 2.95 .. $101,244 $+55,484 100% X $22/hr X 2080 hr X 2.95 = $134,992 $+89,232 \ J Continued MOTION BY: SECOND BY: ,Minimum Requirements / Knowledge, Skills, Abilities 1. Knowledge of construction specifications and plans. 2. Knowledge of the regulations pertaining to public works construction. 3. Knowledge of construction material. 4. Ability to compile engineering data and statistics. 5. Ability to establish and maintain effective working relationships. 6. Ability to determine adherence to engineering specifications and to secure compliance with specifications. 7. Ability to make varied arithmetic computations and tabulations rapidly and accurately. 8. Skill in the use of surveying equipment. 9. Skill in the use of drafting equipment. 10. Ability to determine metered take-off quantities. 11. Ability to prepare construction estimates. 12. High School Graduate. 13. Successful completion of 2 year construction related vocational program. 14. Certified to inspect Municipal State Aid Construction projects. Training and Experience A combination of education and experience equivalent to high school graduation and post-secondary training in construction materials and/or civil engineering and 10 years experience in construction or inspection of ,construction projects or equivalent combination of education and work Jexperience. Desirable Training and Experience 3 years experience as a supervisor of construction crews involved in street, sewer and water construction and/or estimator of construction projects. College education directed towards Civil Engineering degree. Extent of Supervision or Guidance provided under the general supervision of the City Engineer. Supervision of Others Provides direct supervision and coordination of all City construction projects and construction inspections. Responsibility for Public Contact Contact with other City employees, contractors, utility companies and the general public. , .I Position: Construction Inspector Supervisor: City Engineer Description: To ensure capital improvement projects and development projects are constructed and installed according to plans and specifications. 1. Inspects street, sanitary sewer, storm sewer, watermain and other special improvements projects by checking all construction to ensure compliance with plans and specifications, maintaining records of quantities of supplies used, and completing change work orders for approval. 2. Estimates costs of street, sewer and water improvements and develops preliminary and final estimates, uses cost information and preliminary and final plans to draft preliminary and final reports regarding improvement projects. 3. 4. \ ( j 5. 6. 7. 8. 9. 10. Estimates monthly payments due contractors and maintains a continual listing of funds paid. Prepares applications for State Aid reimbursements relating to Minnesota State Aid street improvement projects. Performs survey work when required. updates zoning, street utilities and Engineering related maps and specifications as changes are made. Obtains and compiles technical data such as traffic count information. Performs drafting work. Provides information to the public and City departments regarding locations of streets, sewer, water and utility services. Works with the contractor and homeowner in resolving problems resulting from improvement projects by surveying, checking work, writing letters and talking with the involved parties. 11. Researches and drafts preliminary engineering reports and prepares final reports under guidance of the City Engineer. 12. Assists in annual street audit for street inventory date for the street maintenance system. 13. Performs other duties as required. ~inimum Requirements J Knowledge, Skills, Abilities 1. Knowledge of construction specifications and plans. 2. Knowledge of the regulations pertaining to public works construction. 3. Knowledge of construction material. 4. Ability to compile engineering data and statistics. 5. Ability to establish and maintain effective working relationships. 6. Ability to determine adherence to engineering specifications and to secure compliance with specifications. 7. Ability to make varied arithmetic computations and tabulations rapidly and accurately. 8. Skill in the use of surveying equipment. 9. Skill in the use of drafting equipment. 10. Ability to determine metered take-off quantities. 11. Ability to prepare construction estimates. 12. High School Graduate. 13. Successful completion of 2 year construction related vocational program. 14. Certified to inspect Municipal State Aid Construction projects. Training and Experience A combination of education and experience equivalent to high school graduation and post-secondary training in construction materials and/or civil engineering and 10 years experience in construction or inspection of ';onstruction projects or equivalent combination of education and work experience. Desirable Training and Experience 3 years experience as a supervisor of construction crews involved in street, sewer and water construction and/or estimator of construction projects. College education directed towards Civil Engineering degree. Extent of Supervision or Guidance provided Under the general supervision of the City Engineer. Supervision of Others provides direct supervision and coordination of all City construction projects and construction inspections. Responsibility for Public Contact Contact with other City employees, contractors, utility companies and the general public. / * Estimated Wages and Benefits is $45,760 Assumptions _ The position could be billed to new development construction for a minimum of 33% of the year to fund the position. _ The position could be billed out for a longer period of time resulting in potential income between $0 - $89,232. _ positive income would be used to fund a Septic Inspection program. _ New Development Construction would be occurring in Andover for 10-15 Years. projection Based on past construction activity, it is projected this position would be billed out to new development inspections for a minimum of 4 months (33% of time) and up to 8 months (67% of time) each year, depending on new development activity. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 20, 1995 ITEM t-O scott. Eric~sonJ~ Engl.neerl.ng APPROVED FOR AGENDA AGENDA t-O SECTION Discussion/Consent Items ORIGINATING DEPARTMENT Consider Hiring Construction Inspector BY: /d. (. / The City Council is requested to consider and approve hiring a full time construction inspector for the City. The City of Andover currently contracts with Engineering Consulting Firms (TKDA and BRA) for construction inspection services for our Urban and State Aid Construction Projects. The City construction inspector would provide inspection services for these projects with additional support provided by the consulting firms depending upon the number of projects occurring concurrently. This individual would also provide inspection services for our rural development projects and utility projects as they occur. In addition, time would be spent on updating the City's utility books, assisting in setting up a pavement management system and assisting on other projects identified by the City Engineer. This position would be funded by billing the inspection services to the development projects. The individuals time would be billed out at a factor of 2.75 to 2.95 times their hourly rate. Similar to the rates applied by the consulting firms. It is estimated the individual would need to be billed out for approximately 21 weeks to fund the position for the entire year. Attached is the job description for the position of Construction Inspector. ........ '. / MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACflON July 5, 1995 DATE AGENDA /'00. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM /'00. Preliminary plat/ Andover Center 2nd Addi tion ndover Review '?BY Comm1 t tSc I);L 4. The City Council is requested to approve the preliminary plat of Andover Center 2nd Addition per Ordinance 8 and 10 and all other applicable ordinances as requested by William C. and Karen L. Rademacher. Attached is the proposed resolution recommended by the Planning and Zoning Commission. The Andover Review Committee (ARC) has reviewed the preliminary plat. Their comments are as follows: , ) General Comments * The proposed preliminary plat is currently zoned SC, Shopping Center. The proposed plat is within the Metropolitan Urban Service Area (MUSA). Municipal sanitary sewer and water will be serving the site. * The proposed subdivision consists of 3 Shopping Center lots. * The developer and/or owner will be required to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Lower Rum River Watershed Management Organization, LGU, MPCA and any other agency which may be interested in the site). planning and zoning Commission recommendation The Commission is recommending approval of the plat as presented. See attached resolution. Andover Review Committee Recommendation Approve the preliminary plat as presented. CONTINUED , ) MOTION BY: SECOND BY: Additional Information , 8.01 IDENTIFICATION AND DESCRIPTION a. proposed name is Andover Center 2nd Addition. d. Scale is 1" = 50' g. The preliminary plat has been prepared by Hakanson-Anderson Associates, Inc. The grading, drainage and erosion control plan will not be required as the site will not be regraded. If and when the lots are developed, the grading, drainage and erosion control plan will be reviewed as part of the site plan application when commercial construction is proposed. 8.02 EXISTING CONDITIONS b. Total acreage is 4.487. 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 the names of the property owners. 8.03 DESIGN FEATURES g. The setbacks for each lot are shown. 8.04 ADDITIONAL INFORMATION b. Source of water supply is municipal water. c. Sewage disposal facilities will be municipal sewer. d. Rezoning of properties will not be required. 9.06 LOTS e. The developer is responsible to obtain all necessary permits from the Lower Rum River watershed Management Organization, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 9.07 PARKS, PLAYGROUNDS, OPEN SPACE park dedication was previously paid when the parcel was platted in the mid 1980's. , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. .' A RESOLUTION APPROVING THE PRELIMINARY PLAT ANDOVER CENTER 2ND ADDITION WILLIAM C. AND KAREN L. RADEMACHER SECTION 32, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. OF AS BEING DEVELOPED BY LOCATED IN WHEREAS, pursuant to published and mailed notice thereof, the Planning and zoning Commission has conducted a public hearing and reviewed the preliminary plat of Andover Center 2nd Addition; 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. Park dedication will not be required. 2. The developer is responsible to obtain all necessary permits from the Lower Rum River Watershed Management Organization, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Andover Center 2nd Additon. Adopted by the City Council of the City of Andover this day of 19 95. CITY OF ANDOVER J. E. MCKelvey - Mayor ATTEST: Victoria volk - City Clerk / ~ ~ 00 1;50 ~g gi.1~ ~lj ~~!i a::' ~o'" "'~ ~ -<~ ~ %0 ,.,,,,, 0'" "i~ ~~ "0 ~ CO ~ j!:s:l \)8 VlO ~~ i'I~ ~Vl ",z I:' Co ~fii ~~ -<'2 ~~ ~~ 'd a~'" '" '" '" 0 ~'i' '" ~ '" ~~ ~i ~2 ~ ~~~ ~~ ~ ~ ~ oLJ d '" :0 ~ () Vl () a ~ ~-~ '-", , ~ '" "" q '" '" u '" .... _ :; i, ==::::3 ~ n -III uJ:= ~r. C1f>>:I: ~" fJ)::J 0 ... E. (J') c..~ Lf 0 (1) 0 ~ n..... 1 f' ",::l " - Ul ~~.pgg ~ Q ~ "'" =< 8 " o~\J ~ 'TJ ~ ;u '" ~ ~ 2 0;;'13: ~::oz ~ rrl In ~ ;.;:Oli-< o 0 3:Z"U '" Z 0 s;: ~ z ~ --i o rrl CJ '" Ul 3 00 ~z r:J ~ u o 'f! V'l t'J i-j ...... Q ..... ~ i t" - (;') , \ \.J z i o ! ",' ~>;I::>; ~~I:~ ",," 0 ~ NI:~O "'-Jzo::l ~U'~it g~:i~ t.l~i5. ~ ~o 0(;1 ~~ ~~ ,,,, "2 6 ~ 5" " o I '" :0 .. '" c '" o S ~ ~ ii' ",~3 gtlfl ~;A' , ~ '" Jl~~ 1~' I:~r zi ~ ~z~ ~~~ CJ:I:.-g. ~ gd~VI(I)I:ll:l:r~\)~\)~ z~~~aH~;!;"Ie:"le:- ~/:Dl:O~~~~~/:~/:~~ "il!I..~" "z8~8" ~13.C:U~~6€ ~ ~ I:Q~(I)~~(TlZ -t~~lIlg~ F~~ -<~!:!! !':'>~~ t:'~ ~~-<NO :::Oz.. ti~VI~~9~r,t.., ~f.> ",..~~ f? b 88 I j;f c"zl>n;:'<,;;;g &,ool'l'" ;tg:QO;--_ t.o39' 0 Olft~2:-~!: 3g~~ ~ ~g!. :. ~ :g.i ~ 3: ~ [~l~. a ~~ ,. ; 00 It .0 ItG ii ~ [~~ o l .... 1 ~ i . ~N '5 8 I ~ g~ ~ [~iH f) ,'it ~. cJ"" .g 0..0.11 if ~ ;r~ ~ g~~. ::I " .. . oj ~ ~ ~ < :tJ 2or~ .8; ;.::;J~ . "" G g g ~ ~ ~~~ ~" 2o::i ,,0 .... ~.3 ~ ~ '2' "0" ":;;' ~g.~ VI ~-<i .3i ~'-r i " <J i ,< < ~ I I , ~ .J '!iY - II ..:", .J ...... .... - ",r: UNDERCLIFT stREET " ..,.; :., :.... ...:... -I I I I ~ ~ " I ~ I , '" ~ 0 , I I 0. ,.. '" ~ _I -1 ~ 1-' -r I !); / I g I " / I I: c z ~ ~ VI I"~ ~ I z 0 .. .. e: .. z "D ..... > " ~ . 0 v J ~ ~ 0 !;I 0 >; ;0 ;:0 / 0 ~ 1./ I ~ 0 ~ &' ../ 5 I >l i '.., SAtf>S TR(),l, Jam .. lAARY I - - 1 ..-'il I SOiNEJ[)(R. JA.lA(S [ II: J I - - - .'(:. I ::... " .... KA\IlUWSIO. ~ II: J(AA~ ....: ...... I - - -I JORCES, ~CTOR .. [)lANE '~.: I - - -1 DUOIKE. DANIEl. II: kElUY ......... ,.' " "'" -'1:'-""4 ............ ............ ............ '. " 'J ,,- =l ~ '" ~~ ~ - i'l ~ '" M ROUND lAKE BLVD g~ z ~ ;; " n~-~ r ~~S~ r ~.2~ -i~"'2 ~ I ;IiH ~ n III mil ~ tJ0oo*'le~"X,t1 000E~r1r liiU i i ~ i ~ ~ un H I n P ; II Ii ~ ~:U~ ~ ~ ~ I ~ IS ~ ~ ~ ~ ~ ~ ~ p ~ i ~ H ~ ~z~;~ ~ ~ ~~~ ~~<~ e:~h~~ H~~ ~ g ~ d ~ ~ ~ ~~ ~ I ~ . ~ I i ~ I~! . .j'>o 2 LL~ _ -L~_ Ul o ".. ,,' ~ .... .~ ~ 1'1 u U ~ o u '" FllANl<1E. ROY II: .IJ..L '::0 [0 I~ ,Z It:l ~&:~I ,~ tzj, ' ;li '.I t:d ~ __, t-<z al~ I ~ '" i z n; \ In ~ : ~ :';, > ~i ...... . M ~I~ --- ~ Z:'I ..l-; 0 ~ . 0 z co ~." '-' :.:.; .;.. r ti ~ ' ~ I ~\ c j , " r ! ~5 1 " ~~ 'Uo . :.\ (1, , I I' SOiOWAl TER. OAHU , -- "I w . i I ~ . mICA.In.RR~C{ I": , "'~ I'" <0 ~ / / / / WUA. R09(RT 5 .. 0 M' -1\ ~!~ ~', ,e ~ I !":! =~ EowARt:! .. SliRU"Y aT Ul o ;:0 I .j'>o ::0 I .j'>o r "\ \ / -c ::xJ m r- - ~ - Z )> ::xJ -< (') -c - -I r- -< 0 )> 'TI -I > z 0 c 0 -n < m :x:J )> Z C 0 < m :xJ () (') m 0 Z c z -I -I m -< 0 :xJ i1 )> en z m 0 " () > 0 Z C )> 0 0 - -f - 0 Z CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 5. 1995 AGENDA f>.D. SECTION ORIGINATING DEPARTMENT Discussion Item Todd Haas, Engineering ~ ~( APPROVED FOR AGENDA ITEM f>.D. Final Plat/Andover Center 2nd Add. BYtJ;! s. The City Council is requested to approve the final plat for Andover Center 2nd Addition. The final plat is in compliance with the preliminary plat. Drainage and utility easements will be reviewed prior to filing of plat. ) It is recommended that the plat be approved subject to the following: 1. The City Attorney presenting a favorable title opinion. Note: City Staff will be working with the developer to ensure all the necessary drainage and utility easements have been shown on the final plat. , " / MOTION BY: SECOND BY: \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE FINAL PLAT OF ANDOVER CENTER 2ND ADDITION AS BEING DEVELOPED BY WILLIAM C. AND KAREN L. RADEMACHER IN SECTION 32, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Council approved the preliminary plat of Andover Center 2nd Addition ; and WHEREAS, the developer has presented the final plat of Andover Center 2nd Addition WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Andover Center 2nd Addition contingent upon receipt of the following: 1. City Attorney presenting a favorable title opinion. BE IT FURTHER RESOLVED citing the following: 5. The developer is responsible to obtain all permits from the Watershed Management Organization, DNR, Corps of Engineer, LGU, MPCA and any other agency that is interested in the site. Adopted by the City Council of the City of Andover this 5th day of July , 19 95 . CITY OF ANDOVER Jack MCKelvey - Mayor ATTEST: Victoria Volk - City Clerk / CITY OF ANDOVER REQUEST FOR COUNCIL ACflON July 5, 1995 DATE AGENDA SECTION NQ Discussion Items ORIGINATING DEPARTMENT Planning ~ APPROVED FOR AGENDA ITEM NQ SUP - Repair Garage 1714 Bunker Lake Blvd. NW Robert Bendtsen David L. Carlberg Planning Director ~~ ? REQUEST The City Council is asked to review the Special Use Permit request of Robert Bendtsen to operate a repair garage on the property located at 1714 Bunker Lake Boulevard NW, legally described on the attac~ed resolution. Mr. Bendtsen is currently operating a repair garage on the adjacent parcel to the west (1716 Bunker Lake Boulevard NW) and wishes to relocate his business due to space needs. APPLICABLE ORDINANCES I Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03, establishes those uses allowed by Special Use Permit. In an I, Industrial District, repair garages are allowed by the granting of a Special Use Permit. In granting a Special Use Permit, the City Council shall examine the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands; the effect on traffic patterns and congestions; the effect on surrounding property values and the use's consistency with the Comprehensive Plan. Planning & Zoning Review The Planning and Zoning Commission, at their June 13, 1995 meeting, recommended approval of the Special Use Permit request with conditions. Attached for your review are the minutes and the staff report from the meeting. Attached is a proposed resolution for Council review and adoption. MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ROBERT BENDTSEN TO ALLOW FOR THE OPERATION OF A REPAIR GARAGE LOCATED AT 1714 BUNKER LAKE BOULEVARD NW (PIN 34-32-24-41-0005), LEGALLY DESCRIBED BELOW. WHEREAS, Robert Bendtsen has requested a Special Use Permit to allow for the operation of a repair garage on the property located at 1714 Bunker Lake Boulevard NW (PIN 34-32-24- 41-0005), legally described as follows: The East half of Lot 3, Block 1, Pankonin Addition. Except Easements of Record; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan; and / WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow Robert Bendtsen to operate a repair garage on the above described property with the following conditions: 1. The special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(0). 2. The Special Use Permit shall be subject to annual review and site inspection by City Staff. 3. The applicant shall secure a Hazardous Waste Generator's License from Anoka County and provide proof to the City. 4. The site shall be subject to meeting the requirements of Ordinance No.8, Section 8.08, Parking. 5. The building shall be inspected by the City Building Official and the Fire Marshal for code compliance. 6. Hours of operation shall be Monday through Friday, 6 a.m. to 6 p.m., and Saturday, 9 a.m. to 1 p.m. Page Two SUP - Repair Garage Robert Bendtsen June 13, 1995 7. At the end of each working day the vehicles under repair either be inside the building or parked in a fenced in area on the property. 8. The Special Use Permit for the repair garage at 1716 Bunker Lake Boulevard (PIN 34-32-24-41-0003), legally described as the West half of Lot 3, Block 1, Pankonin Addition be declared null and void. The applicant has 60 days to relocate business and bring building up to code. Adopted by the City Council of the City of Andover on this 5th day of July, 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: / Victoria Volk, City Clerk , / Regular Andover Planning and Zoning Commission Meeting Minutes - June 13, 1995 ;ge 2 (Public Hearing: Preliminary Plat, Andover Center 2nd, Continued) MOTION by Peek, Seconded by Jovanovich. to forward the attached Resolution to the Council with the recommendation of approval. Motion carried on a 6-Yes, 1-Absent (Apel) vote. This will be placed on the July 5, 1995, City Council agenda. / / / / SKETCH PLAN - SECTION 28 - ASHFORD DEVELOPMENT CORPORATION Mr. Haas reviewed the comments of the Andover Revi~~committee regarding the sketch plan of the development proposed by/Ashford Development in Section 28. The development would consist of l~/rural residential lots. The City Council will need to determiffie . f 149th Avenue will be constructed to service the development. It is currently designated as an MSA Street, but is posted as a minimu maintenance road. The City does maintain about one-fourth of a mi+ to service a home, then it becomes a field road. A number of lot$may need variances because of lot widths since the ordinance has no~'yet been amended regarding that issue. If the ordinance is amended before the preliminary plat, those variances will not be required. Mr. Haas also noted that Lots 1 and 8 of Block 2 are less than 2.5 acres'and will require variances for size. , I I / Jerrv Windschitl. Ashford Development - explained the reason Lots 1 and 8 of Block 2 are less than 2. acres. They are about 15 feet less than what is needed to meet the a eage. They prepared several sketches; and in working with the St f, Staff preferred the one before the Commission. Assuming a p oposal to construct a full-width MSA street, which is wider than a ~yPical city street, the additional right of way is being dedicated wit~the plat so it does not have to be acquired in the future. In doing/that, two lots are undersized. If the MSA road is removed, the lots woUld not be undersized. Commissioner Pee felt it would make more sense to have the smaller lots internalized r her than the corner lots being undersized. Mr. Windschitl st ed he would have no objection to the interior lots platted as t smaller lots, either Lots 2 and 7 or Lots 6 and 3. To his knowledge, ere are no wetland issues on the property. The property is basically sand hill with one row of trees through the center of it. ensus of the Commission was to approve the sketch plan with the that consideration be given to shifting the lot variances on size to the interior lots. They also acknowledged that the variances g noted for lot width may change if the ordinance is amended, but two variances in lot size will not. The item is to be forwarded to City Council for review. f) 'PUBLIC HEARING: SPECIAL USE PERMIT - REPAIR GARAGE IN AN I, INDUSTRIAL DISTRICT - 1714 BUNKER LAKE BOULEVARD NW - ROBERT BENDTSEN 7:21 p.m. Mr. Carlberg reviewed the request of Robert Bendtsen for a Special Use Permit to operate a repair garage at 1714 Bunker Lake Regular Andover Planning and Zoning Commission Meeting ~~nutes - June 13, 1995 ,ge 3 (Public Hearing: Special Use Permit-Repair Garage, Bendtsen, Continued) Boulevard NW, the East Half of Lot 3, Block 1, pankonin Addition. He noted the applicable ordinances and criteria to be examined. Access for the operation will be on the new frontage road, which is linked to Jay Street. Mr. Bendtsen was granted a Special Use Permit for a repair garage at 1716 Bunker Lake Boulevard on July 19, 1994; and he would like to relocate the operation because the current building does not meet his needs. Because Mr. Bendtsen indicated the existing business would no longer be operating if granted this Permit, Staff has included a condition in the Resolution to declare the first Permit null and void. The City has received no complaints on the existing operation. MOTION by Doucette, Seconded by Luedtke, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Apel) vote. 7:28 p.m. ' Bob Bendtsen - explained he is sharing a building now, and the other business is expanding. There are three buildings on one parcel, and he will be moving from one building to the other. Mr. Carlberg explained the voiding of the existing Special Use Permit will have no effect on the other businesses operating in the current building because they are permitted uses under the Ordinances. He also reported the Commission may ~e seeing a request for a Special Use Permit for Andover Firearms to ~erate out of the other building on the site. Mr. Bendtsen - explained he owns all three buildings. He agrees to all of the stipulations in the proposed Resolution. The outdoor storage is all screened; and he outlined the location of the existing fencing, which is one fenced area behind the current building and the building he wishes to move to. He has some vehicle storage. The building he is moving to does not have restroom facilities. The Commission suggested the legal description include only that portion which has the building in question, that is "The East half of Lot 3, Block 1, Pankonin Addition" and exclude "The West 148 feet of Lot 4, Block 1". Mr. Bendtsen had no problem with that change. MOTION by Putnam, Seconded by Peek, to close the public hearinq. Motion carried on a 6-Yes, 1-Absent (Apel) vote. 7:32 p.m. Chairperson Squires was also concerned that the voiding of the existing Permit be recorded with the County to avoid a problem in the future. Mr. Carlberg stated Staff will draft a separate Resolution for Council approval specifically revoking the existing Permit within 60 days of approval of the new Permit with the proper legal description. MOTION by Jovanovich, Seconded by Peek, to forward to the City Council the Resolution granting the Special Use Permit request of Robert Bendtsen to allow for the operation of a repair garage located at 1714 )unker Lake Boulevard. In the Resolution where it says the East half of Lot 3, Block 1, include that part but omit the remainder of the sentence. Condition No.8, to allow 60 days to get the building up to code, or whatever time is necessary. Motion carried on a 6-Yes, 1- Absent (Apel) vote. This will be placed on the July 5, 1995, City Council agenda. 7:39 p.m. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION June 13, 1995 AGENDA ITEM 5. P.H. - SUP Repair Garage 171~ Bunker Lake Blvd. Robert Bendtsen DATE ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA David L. Carlberg BvFlanning Director Bvt REQUEST The Andover Planning and zoning Commission is asked to ::eview the Special Use Permit requested by Robert Bendtsen to operate a repair garage at 1714 Bunker Lake Boulevard NW, PIN 34-::2-24-41- 0005. The property is zoned I, Industrial. Legal Description The East Half of Lot 3, Block 1, pankonin Addition and ';he West 148 feet of Lot 4, Block 1, pankonin Addition. Subject to Easements of Record. APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03 lists the uses allowed by Special Use Permit. In an Industrial District, repair garages are allowed under a Special Use Permit. In granting a Special Use Permit, the following criterin shall be examined. 1. The effect of the proposed use upon the health, saf(!ty, morals and general welfare of occupants of surrounding laruls. 2. The existing and anticipated traffic conditions inc:.uding parking facilities on adjacent streets and land. 3. The effect on the values of property and scenic vie"s in the surrounding area. 4. The effect of the proposed use on the Comprehensive plan. / Continued Page Two SUP - Repair Garage 1714 Bunker Lake Boulevard NW Robert Bendtsen June 13, 1995 BACKGROUND On July 19, 1994, Mr. Bendtsen was granted a Special US!! Permit to conduct a repair garage on the property at 1716 Bunker Lake Boulevard NW, located just west of subject property. M::. Bendtsen would like to relocate his operation because his curren': building does not meet his needs. Mr. Bendtsen has indicated thi\t a repair garage would no longer be operating at his current 10ca';ion if he was granted this Special Use Permit. Therefore, Staff :las included a condition to the resolution in that regard. COMMISSION OPTIONS 1. The Planning and Zoning Commission may approve the :ipecial Use Permit requested by Robert Bendtsen to operate a repair garage located at 1714 Bunker Lake Boulevard NW, PIN 34-32-24-'\1-0005. J The Commission finds the request meets the criteria esti\b1ished in Ordinance No.8, Section 5.03, including; the use will !lot be detrimental to the health, safety, morals or general we:.fare of the community, the use will not cause serious traffic congestions or hazards, the use will not depreciate surrounding property and the use is in harmony with the Comprehensive Plan 2. The Planning and zoning Commission may deny the Sper;ia1 Use Permit requested by Robert Bendtsen to operate a repair garage located at 1714 Bunker Lake Boulevard NW, PIN 34-32-24-,;1-0005. The Commission finds the request does not meet the critl!ria established in Ordinance No.8, Section 5.03. In denyillg the request, the Commission shall state those reasons for doing so. If the Commission chooses to recommend denial to the Ci;:y Council, the Commission should state those reasons for doing so . findings of fact). 3. The Planning and zoning Commission may table the itl!m. / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA '-:J) ~ f\-Fl P<i- 2_ l.P!13/qs RES. NO. A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ROBERT BENDTSEN TO ALLOW FOR THE OPERATION OF A REPAIR c;ARAGE LOCATED AT 1714 BUNKER LAKE BOULEVARD NW (PIN 34-32-24- ,1-0005), LEGALLY DESCRIBED BELOW. WHEREAS, Robert Bendtsen has requested a Specia:, Use Permit to allow for the operation of a repair garage on the property located at 1714 Bunker Lake Boulevard NW (PIN;4-32-24- 41-0005), legally described as follows: The East half of Lot 3, Block 1, pankonin Addition and he West 148 feet of Lot 4, Block 1, pankonin Addi tion. Except: :asements of Record; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets .he criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and zoning Commission fin(~s the proposed use will not be detrimental to the health, saf"ty and general welfare of the occupants of the surrounding lan';s; the use will not cause serious traffic congestion or hazards; t:\e use will not depreciate surrounding property; and the use is in :~armony J with the Comprehensive plan; and WHEREAS, a public hearing was held and there wa;; no opposition regarding said request; and WHEREAS, the Planning and zoning Commission rec/Ommends to the City Council approval of the Special Use Permit req'\ested. NOW, THEREFORE, BE IT RESOLVED, that the City C,uncil of the City of Andover hereby agrees with the recommendati.,n of the Planning and zoning Commission to allow Robert Bendtsen to operate a repair garage on the above described property with the following conditions: 1. The Special Use Permit shall be subject to " sunset clause as defined in Ordinance No.8, Secti'ln 5.03(D). 2. The Special Use Permit shall be subject to ;~nnual review and site inspection by City Staff. 3. The applicant shall secure a Hazardous Wast, Generator's License from Anoka County and p'ovide proof to the city. 4. The site shall be subject to meeting the re(~irements of Ordinance No.8, Section 8.08, parking. / 5. The building shall be inspected by the City Building Official and the Fire Marshal for code comp,.iance. 6. Hours of operation shall be Monday through 'riday, 6 a.m. to 6 p.m., and saturday, 9 a.m. to 1 p m. / Page Two SUP - Repair Garage Robert Bendtsen June 13, 1995 7. At the end of each working day the vehicles under repair either be inside the building or par,:ed in a fenced in area on the property. 8. The Special Use Permit at 1716 Bunker Lake 'loulevard (PIN 34-32-24-41-0003), legally described a,; the West half of Lot 3, Block 1, pankonin Addi tion b.! declared null and void. Adopted by the City Council of the City of Ando"er on this ___ day of , 1995. ATTEST: / CITY OF ANDOVER J. E. McKelvey, Ma"or victoria Volk, city Clerk I i 1 ~ . I . 1____ ----t------- - - I" 1 I I I @ Jf .., E_ J4 CORNERL . SEC.34 , I ~TY- ROAn!- - ---r"JO. ~ 116 - -,p--~-I 1,".' ERVICE- DR:- \.,) ~ ~ ~~ -~ ...~ lcr~ LI.., ,o1i 1 PA ".' ., (:;. c-; / ADD. ~.'" ... , .! '.1 > ~ . '. . 4": "rJ ~,~ .~Jl ~.; ~. ,.., ;~I 15 ';J.il:l''f ""'3 5.,...("1' .(. , i /' ~ I ~ ~' 14 . fc.",:,'i,_~ ~;..s ft"J"'~ n--.i J AC~5 I' " I.] '0' \..... -- --1 ~ 19lf@ I '::', .. " '---'l~ 00 cnQ: :o~ ~~ .....J ~ 70_.~ f. :::> -, 0 U OMMERCIAL I ~~ -'z 146 2C 152 J -.<. ':~I~ ,. . '.'4 -.. 00 " , o ~ :\291 8 ~ .. :'f8803" :!,... 15701 .. ~ 121) ... ? l~2'_~ 3:; z;; . .' '.3 .2 ~.Zil 5 ~ IU9"'O'49"W 00 C n 1I~.04 :;) toJ ~ ~ ~\.~O "" 137 J ~ ....:.~~'3 t.. 92 z o . 160 o 14~"!'''1:: ~ .. ~ . . CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. .. ANDOVER, MINNESOTA 55304.. (612) 755-5100 SPECIAL USE PERMIT Property Address 1714 BU:lKEr T.K RLvn Legal Description of property: (Fill in whichever is appropriate): EAST ONE-HALF OF . Lot 3 Block 1 Addi tion PANKONTN AND WEST 148 ft OF LOT 4, BLOCK 1 PIN R34 32 24 41 0005 (If metes and bounds, attach the complete legal description.) Is the property: Abstract or Torrens X ? (This information must be provided and can be obtained from the County. ) , ----------------------------------------------------------------- Reason for Request I WANT TO MOVE MY BUSINESS NEXT DOOR. I HAVE A'SPECIAL USE PERMIT FOR AUTO REPAIR AT 1716 BUNKER LK BLVD. I WOULD GIVE UP THE SPECIAL USE PERMIT AT 1716 IF I COULD OPERATE J AT 1714 BUNKER. I DONT PLAN ON HAVING ANY MORE AUTO RELATED ... BUSINESSES AT ANY OF MY BUILDINGS. THIS WOULD REMAIN THE ONLY AUTO REPAIR USE PERMIT. ------------------------- --------------------------------------- T Section of ordinance Name of Applicant ROBERI' BENDTSEN Address a1100 BUTTERNUT S1' NtV' H~me Phone ~-~ ~~iness SJ.gnature e, , 1 Phone 767-<14RO Date 5/12/95 ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date ----------------------------------------------------------------- SPECIAL USE PERMIT PAGE 2 The following information shall be submitted prior to review by the City of Andover: l. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within lOO feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: ~ ="""-. Commercial '-LilO. 00 \ Residential $l50. 00)).. Amende<;\ SUP $50.00 ~ '1 ')..1- C;o Recordlng Fee ~d'f I - Abstract property $25.00 Torrens property &14.50-=' Date Paid ~~j- ?:l J12(.. Receipt iU~ - Rev. 5-06-93:d'A 5-04-94:bh 2-0l-95:bh 3-22-95:bh Res. l79-9l (ll-05-9l) 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: l. 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. / \ , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 .. (612) 755-5100 / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, June 13, 1995 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Robert Bendtsen to operate a repair garage in an I, Industrial District on the property located at 1714 Bunker Lake Boulevard NW (PIN 34-32-24-41-0005), Legally described as follows: The East Half of Lot 3, Block 1, Pankonin Addition and The West 148 feet of Lot 4, Block 1, Pankonin Addition. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. ~~ Vlctorla Vo ,City Clerk publication dates: June 2, 1995 June 9, 1995 IN 343224140001 ellison, Harold t. 3, Box 1774 ambridge, MN 55008 \ IN, ,,3224410001 rater, E. J. & J. A. 786 Bunker Lake Blvd. NW ndover, MN 55304 IN 34322441004 ~rphy Oil USA, Inc. 200 France Ave. So. :uite 334 :dina, MN 55435 'IN 343224410008 cottkes Bus Service, Inc. L3625 Jay St. NW \ndover, MN 55304 PIN 343224140002 United Power Association 1657 Bunker Lake Blvd. NW Andover, MN 55304 PIN 343224410003 Bendtsen, steve paul 1716 Bunker Lake Blvd. NW Andover, MN 55304 PIN 3432244l00l0 Kottkes Bus Service, Inc. l3625 Jay st. NW Andover, MN 55304 PIN 343224410002 Imre, John & Sheila 15844 Sycamore NW Andover, MN 55304 PIN 343224410005 Bendtsen, Steve Paul 1716 Bunker Lake Blvd. Andover, MN 55304 PIN 3432244l00l1 ABC Mini-Storage, Inc. 13625 Jay st. NW Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 159-94 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ROBERT BENDTSEN TO ALLOW FOR THE OPERAT~ON OF A REPAIR GARAGE LOCATED AT 1716 BUNKER LAKE BOULEVARD NW (PIN 34-32-24-41-0003), LEGALLY DESCRIBED BELOW. WHEREAS, Robert Bendtsen has requested a Special Use Permit to allow for the operation of a repair garage on the property located at l7l6 Bunker Lake Boulevard NW (PIN 34-32-24- 4l-0003), legally described as the West half of Lot 3, Block 1, pankonin Addition: and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestion or hazards: the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan: and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow Robert Bendtsen to operate a repair garage on the above described property with the following conditions: 1. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2. The Special Use Permit will be subject to annual review and site inspection by City Staff. 3. The applicant shall secure a Hazardous Waste Generator's License from Anoka County and provide proof to the City. 4. The site shall be subject to meeting the requirements of Ordinance No.8, Section 8.08, Parking. 5. The building shall be inspected by the City Building Official and the Fire Marshal for code compliance. 6. Hours of operation shall be Monday through Friday, 6 a.m. to 6 p.m., and saturday, 9 a.m. to 1 p.m. \ Page Two SUP - Repair Garage Robert Bendtsen July 19, 1994 " 7. At the end of each working day the vehicles under repair either be inside the building or parked in a fenced in area on the property. Adopted by the City Council of the City of Andover on this 19th day of July, 1994. CITY OF ANDOVER ~ i/r& Victoria Volk, City Clerk q.~. /YJ<-td.~ .j. E. McKelvey, . yor ATTEST: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 5, 1995 DATE AGENDA SECTION NO Discussion Items ORIGINATING DEPARTMENT lanning ~ APPROVED FOR AGENDA ITEM NO Special Use Permit Accessory Structure 14621 Grouse Street Mathew Larson NW David L. Carlberg, Planning Director BY: y 1. REQUEST The City Council is asked to review the request for a Special Use Permit by Mathew Larson to construct an accessory structure (garage) prior to the construction of a principal structure on the property located on 14611 Grouse Street NW. Mr. Larson lives at 14621 Grouse Street NW and has a purchase agreement to buy 14611 Grouse street where the proposed garage is to be constructed. please consult the attached staff report dated June 13, 1995 and the minutes from the Planning and zoning Commission meeting for further information. ) RECOMMENDATION The Planning and zoning Commission recommends denial of the Special Use Permit request. A resolution is attached for Council approval. The Council should be aware that Mr. Larson has submitted documentation indicating he is willing to construct a principal structure in 1997 if he is granted the Special Use Permit to build the garage. The Planning and zoning Commission was not aware of this proposal during their review. , / MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF MATTHEW LARSON TO CONSTRUCT AN ACCESSORY STRUCTURE PRIOR TO THE CONSTRUCTION OF A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 14611 GROUSE STREET NW, LEGALLY DESCRIBED AS LOT 9, BLOCK 1, PINEWOOD ESTATES SECOND ADDITION. WHEREAS, Matthew Larson has requested a Special Use Permit to construct an accessory structure prior to the ccnstruction of a principal structure on the property legally described above; and WHEREAS, the Planning & zoning Commission tas reviewed the request and has determined that said request does not meet the criteria of Ordinance 8, Sections 4.05 and 5.03; and l. 2. , ) 3. 4. 5. the the WHEREAS, a public hearing was held before the Planning and zoning Commission on the request and there was considerable opposition from neighboring and adjacent property vwners; and WHEREAS, the Planning and zoning Commission finds the following: The request is out of character for the R-4 District. If approved a precedent would be set. Creates the possible need for variances in the future. The request is inconsistent with the Comprehensive Plan. The request may have a negative effect on property values; and WHEREAS, the Planning and zoning Commission recommends to City Council denial of the Special Use Permit requested for above stated reasons. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the city of Andover hereby agrees with the recommendation of the Planning & zoning Commission and denies the request of Matthew Larson to construct an accessory structure prior to the construction of a principal structure on said property. Adopted by the City Council of the City of Andover on this 5th day of July, 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: / Victoria Volk, City Clerk .I ~a .. " / / Regular Andover Planning and Zoning Commission Meeting Minutes - June 13, 1995 'ge 4 I PUBLIC HEARING: SPECIAL USE PERMIT - ACCESSORY STRUCTURE PRIOR TO CONSTRUCTION OF PRINCIPAL STRUCTURE - 14621 GROUSE STREET NW - MATTHEW LARSON 7:39 p.m. Mr. Carlberg reviewed the request of Matthew Larson for a Special Use Permit to construct a 26' x 30' accessory structure prior to the construction of a principal structure on Lot 9, Block I, Pinewood Estates Second Addition. Mr. Larson's principal structure is on Lot 8, and he has a purchase agreement on Lot 9 contingent upon receipt of the requested Special Use Permit. The property is zoned R-4, urban residential; and Mr. Carlberg reviewed the applicable ordinances and criteria to be examined. In the past the City considered each request on its own merits. One such request was denied because there were no residents in the vicinity and maintenance was a concern; another was approved because it was across the street from the applicant and was on larger acreage for the purpose of keeping horses. MOTION by Peek, Seconded by Jovanovich, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Apel) vote. 7:45 p.m. Georqe Parvev, 14660 Grove Street - moved here to get away from the farm yard buildings. This is a residential area, and he felt it'should be ept that way. It is a nice neighborhood; and he is concerned that once ~he building is built, it will become an eye sore with junk cars, RV's and trailers accumulating on the lot. Mr. Carlberg explained a pole building would not be allowed in the urban area. It must be a framed stick structure of similar design and exterior finish as the residence. Candy Spelmann. 1678 146th Avenue NW - doesn't want a structure like this just a few blocks away degrading the value of her home. She didn't know what things would be stored there. Matthew Larson - stated his father is living with him now, so there is an extra vehicle. Ms. Spelmann - stated most homes have three-car garages. She too didn't want junk setting around in front of the garage. She stated it will be unattractive to other buyers in the neighborhood and will make their area look more commercialized. She felt it is a large building. Who will want to purchase that lot with a garage already on it? She is not happy about this at all. Mr. Carlberg stated if Lot 9 is to be sold separately, a principal structure would be required to be built. If it is sold and a house is not built, the City would have to take legal action against the owner. However, there is no time limit as tp when Mr. Larson has to sell the lot. Carol Cooper, 1690 146th Avenue NW agreed with Ms. Spelrnann, '':!specially since there is no time limit as to when a house must be built on the lot. It is a huge garage in a neighborhood where all the houses are similar in size and appearance. She also agreed it will bring down the value of everyone's house and it won't look right. There are three lots open how, and she didn't feel they would sell because of having this garage to look at. She'd rather see the open space, which is full Regular Andover Planning and Zoning Commission Meeting Minutes - June 13, 1995 ';Ie 5 (Public Hearing: Special Use Permit-Accessory Structure Prior to Construction of Principal Structure-Larson, Continued) of trees and is a pretty area. She's seen a trailer there now; and rather than a garage, she'd prefer to have the trailer next to the house or stored elsewhere. Without a time limit on when a house is built, it could be there 20 years without a house. In her opinion, the garage would have to be very tall to house a mobile home and will be an eye sore. Is he planning to do business out of the garage? Mr~ Carlberg stated businesses in accessory buildings are not allowed in that area. Pattv ? . Lot 12 - would rather have a neighbor rather than look out at a garage. She worries about the value of her house going down. Who will want to buy those two lots with the garage sitting there? She asked if there is a requirement on the value of the garage? Mr. Carlberg explained the City can't regulate values. Ms.? - stated the buildings in that area are about the same price range, and she'd hate to see a garage go up without a house. The two lots would remain open because no one would want to buy them and look at this huge garage. She also felt things will end up being left outside and it will become an eye sore. . ~rmin Janske, 1685 146th Avenue NW - stated this is a residential area, and this is not the place for a garage standing by itself. He can see this area fron his property and felt it should stay residential. Mr. Larson. Matthew Larson's father - explained the purpose for the garage is for storage because there isn't enough room at the home and they don't want it in the yard. Right now the lot is a dump with contractors dumping tar in it. They would clean it up, an~ possibly within a few years he will buy the property from his son. That was his intention. He didn't think this was any different than putting an accessory structure on the lot he owns, or putting up a garage before the house. The plans of the proposed garage show walls that are nine feet tall. A resident stated she hasn't been on the lot, but she hoped the contractors or the neighborhood could get the lot cleaned up. She'd rather do that than have the loss of trees and a garage constructed. In her opinion it does not look junky now. MOTION by Putnam, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, l-Absent (Apel) vote. 8:00 p.m. The Commission and Mr. Carlberg discussed the ordinance requirements on the size of house, size of accessory structures and land coverage per lot. ~he Commission commented with the garage size proposed, a good- )ized house would be required on the lot. Mr. Carlberg stated the ordinance does not require landscaping, just weed control. The driveway width cannot exceed 30 feet. City Engineering approval would be needed for a second curb cut for a lot if one is granted for this garage and another is desired in the future for a residential ~tructure. Commissioner Luedtke thought the length of the driveway to the garage Regular Andover Planning and Zoning Commission Meeting Minutes - June 13, 1995 1ge 6 .I (Public Hearing: Special Use Permit-Accessory Structure Prior to Construction of Principal Structure-Larson, Continued) would be almost 80 feet. Commissioner Doucette saw Lot 9 as a yard enlargement of Lot 8 with a request for an accessory structure. Could the Commission require the exterior of the garage to be compatible with the principal structure on Lot 81 Mr. Carlberg stated the Commission has that ability. Commissioner Peek noted the approval granted by the City in a similar situation in the northern part of the city was on a larger lot and was for a better defined use. This request has a significantly greater impact on the neighbors because of the density. He understood the concerns of the neighbors about the property values. Because of the density and the open-ended use, he did not think the proposal is good planning. Also, it could create a situation where the owners would come back to the City at some point asking for a variance. Commissioner Jovanovich agreed. If there is a trailer there,'who is to say someone won't be living in it, which might be a problem. Mr. Carlberg explained the only way to combine the two lots would be to replat it. Then a Special Use Permit would not be required. The issue is because it is two separate legal lots of record. Commissioner Putnam stated he would be more in favor if the two lots were a single lot with an accessory structure behind the principal structure and sold -.nd maintained as one parcel. It doesn't make sense to require new Jwners in the future to have to accept the garage as located; it is not good planning. Chairperson Squires also agreed, feeling this would establish a precedence in an R-4 area. MOTION by Putnam, Seconded by Jovanovich, to deny the request for a Special Use Permit request by Matthew Larson for Lot 9, Block I for the construction of an accessory structure in advance of the principal structure. A public hearing was held and there was considerable opposition from neighboring property owners and adjacent property owners. It is out of character for the R-4 district. It would be setting a precedent. It may set up a situation for future request for variances, and so forth, that are really unnecessary if we deny this action now. The proposal is not consistent with the Comprehensive Plan and the proposal may have an effect on the surrounding property values. Motion carried on a 6-Yes, I-Absent (Apel) vote. This will b~placed on the July 5, 1995, City Council agenda. 8:14 p.m. -- .~--~. .-. .- ~ -.-_.- Pf1BI..lC--HEAlftNG:--~LOT SPLIT/VARIANCE - 4278 UNDERCLIFT STREET NW - SHIRLlr~BVRE 8:14 p.m. M~r~rg explained shirley LeFebvre has requested a lot split of .7 acres at ~~Underclift Street NW into two lots of .31 and .39 acres to create a IOt--for the construction of a single family -..... "residence. Variances are also r'equired for the lot size. The property /is zoned R-3, with lot dimensions irithat district based on not having municipal utilities. However, because-city sewer and water are available, the lot split and variance should be revi~wed as if it were zoned R-4, Single Family Urban. The R-4 district is immed~ately to the south of the parcel. The two lots do meet the minimum requireme~tp__of an CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION June 13, 1995 DATE AGENDA ITEM 6. Public Hearing Special Use Permit Accessory structure 1461l & 14621 Grouse st BY: ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning David L. Carlberg Planning Director BY: ~ :.,- REQUEST The Andover Planning and zoning Commission is asked to review the Special Use Permit requested by Matthew Larson to construct a 26' x 30' accessory structure prior to the construction of a principal structure on the properties located at 14611 & 14621 Grouse Street NW (PIN 27-32-24-14-001l & 0012), legally described as Lots 8 & 9, Block 1, pinewood Estates Second Addition. The lots are zoned R-4, Single Family Urban. APPLICABLE ORDINANCES Ordinance No.8, Section 4.05 states that, "No accessory building J or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Special Use Permit". Ordinance No.8, Section 5.03 regulates the Special Use Permit process. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. The 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 has constructed a single family residence on Lot 8, Block 1, Pinewood Estates Second Addition (1462l Grouse Street NW). The applicant would like to construct a 26'x 30' accessory building (garage) on the parcel to the south of his house known as Lot 9, Block l, pinewood Estates Second Addition (14611 Grouse Street NW). Mr. Larson has either an option to buy or a purchase agreement on this property. Page Two SUP - Accessory Structure 14611 & 14621 Grouse Street NW Matthew Larson June 13, 1995 COMMISSION DPTIONS 1. The Planning and zoning Commission may approve the Special Use Permit requested by Matthew Larson to allow for the construction of an accessory building prior to the construction of a principal building on the property located at 14611 Grouse Street NW (PIN 27-32-24-14-0012), legally described as Lot 9, Block 1, Pinewood Estates Second Addition. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate the surrounding property and the use is in harmony with the Comprehensive Plan. The Commission also finds that the use meets the provisions specified in Ordinance No.8, Section 4.05, Accessory Structures. 2. The Planning and zoning Commission may deny the Special Use Permit requested by Matthew Larson to allow for the construction of an accessory building prior to the construction of a principal J building on the property located at 14611 Grouse Street NW (PIN 27-32-24-14-0012), legally described as Lot 9, Block 1, pinewood Estates Second Addition. The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. If the Commission chooses to recommend approval of the request, Staff recommends the following conditions be added: 1. The applicant place the structure in accordance with the minimum setback requirements of the designated zoning district. 2. The applicant place the structure so as to accommodate the future placement and construction of a principal building. 3. A Special Use Permit shall be subject to a sunset clause as established in Ordinance No.8, Section 5.03(0). 4. A covenant be recorded that the lots shall not be transferred or sold separately unless the construction of a principal structure is planned. I _ :~_ "3 C~ IR;'J1:= 1{:~~, - 0.. - '<"> i >>-=-- :!....~...~ ....f>!...:J. 7: :,::'0.>:"<::.". ,-, . 1 }-::';:;,:::;,i';:;, \ ; ~ .: -::,::/l:i::J f 'R-I -'-- -- -- .:: '~:.",.-,';};:~,;:.rt/l... tl..::\;.;;'.\},sD,' :< I ----..; - i= " ~..;;-::;:~ 1-- 1-- i " I I- f: - .., ~ . = --L n o e z Sro ~ ~ I~ CJl ~ !=l ~ o -<8 rr'\~' L .lL890:DI03~E V..J. ~ I 155.00 I ~ t---3 r.n I~ 0) I ~~ > 0 o fTlo ~ ~ L N 89033' ...:!. ~ tIj ~ 1(Xl 155.00\ I (Xl ~ I" -.J \~ ~> 0 ~ N 89033'd3"E 0 ~ E3 ~ P?OJ 155,00 - I ~ t--t I~=ws@ I 81 rri ~ t%j CL=41.70 I 81 ~.-.-4 s 79056' t-4 -...... r--o ---.....; _08"[ r""\ t-r-- h~ -'6~~ ==1 ~;:i . ("'! .~ I J ~ t:;l '1::,4. ,::::::..$.. r:-j' "- I ~ > r! -! ...... '*!.90 ~ ~I ~.~ ~ ~'-~<9' ~ ~ ~W. ~, ~\~f <~~,--~ ~ I "."q '" ,< ~ o ~Ei~:~"''''' ~ ~ - - -98" ..\,~ "\. 0 ./ I ~ 80.10 l IL",,61. "2.6- . "\. " "\. ~_.-' ~ · I h"",g"'28 ~ "\. / C (J) 1;8~' \~o J~ ~~J.9 2 ~ ~ o '.. ....' 0 ~~ \ ~. ~a ~ <: ~ _ ~II~"'" .;./".~ \.--,:,,~~~.:::::---r- .... 125 ~ '\A CD I~- Lr ". fTl Cl J 6'-. I t.n N .' (Jl "'- .,/ 'v ~" ~ -, ?.... ~ I ~ Ul 'f''- ~ "^; . ~ 9. ~ r .:'..t U1 . ~ V" 3::3 0 lL lD fTl ./' ' 'tl- ll.. 0 L.....&. )> I". '-1 'I" ~ 1.0 r-- I ~ ~ ~~ Z o 171.87 1(Xl~ 00 o 0 P- ~ I I N 8903.3'03"[ -- .... Ul E 76036 '. " ()l VI - 0 (Xl' 0 000 . 0 0 .... ~ Ul U.N ~ - 1151~ 10) 89033'03"E -- Cl -, o S' o 1.0.... ~ f>- Ul Ul(Xl o o o \150.86 I~ 89033'03"E J g" ro I - - 3o!=l50 ~....o ::3' 0 -...J ,..0 ~ ~ N 89033'03"E 150.48 ..... CD ~I o -.J I ~I o ~ I ~l o ~ I ~I .:J I . ~ o c:::: U'J t%j VI o q,U) ~.~ ~~ rt1~ t.2:j t-003 'Z ~ IE o L I <:.U I ~I .1:L89033 03"[ ~ 155.00r... ~ I \~ l!..-89033J03"E 8 . 60 I~ o L I 155.00 ~ CO "--' 79.57 132.42 , 52.62 125.01 ' ____~_~J ___. __ _.__..._______ -.--_.- " l ( ( 00< ~ mt . ( -.....J( ~r 1 \ I 25 CAINE &:- ASSOCIATES LAND SURVEYORS, INC. 17720 Highwa.y 65 N.Eo - Ha.m Lake, Jlinnesota. 55304 434-7646 I CERTIFICATE OF SURVEY FOR: Matt Larson LEGAL DESCRIPTION: Lot 9, Block l, PINEWOOD ESTATES 2ND ADDITION, according to the recorded plat thereof, Anoka County, Minnesota. ,-" :." ~. ~. J....: ~ - '" S. 7'1 o.5~ ' 08 ~ i CI) ~ 10'--- - _ -- !_b~,D5 _ _ F I,. ~ I ---- '. 1, ~ ~ 1 4'.3 ~.. -" , 'L8 jt; j /I- --1~1"-: g: oC\t~ / J,. _. ~ '!.-. "-..... /0 vo~t rl rh ().. --0...; -. '> ... ~o .~O 0/ I ~ "' ". ~fc. / /" '9~0' . ~p ,I;'" "'I r- ~ ,';J / j-:.... o~\, -1 ,--- ~ " 10 / / ~. .. ""''''''';- , ~, / I ( " "'-~ , , ........ I - - -",,-= I - :'v --- i- I#O!\. -- ~ ! I ~ I 1 I . I I~ ~Iit 1:::,'" tl~ ~~ l~ :r: > ~ ~ z en ::1 ~ 0 ""'\oi .., Z ~ OJ ~ 8 0 0 N Z ~ UI ~ I~ ~ - () en >- J: Z P ""'-I ()) --- ,1 i-, I I ' I ~.' I f I I HEREBY CERTIfY lHAT lHlS SUR~, PLAN, OR REPORT WAS PREPARED BY liE OR UNOER MY llIRECT SUPER\IISlON ANt) lHAT I NA A DULY REGlSn:RED lAND SURVEYOR UNtlER lHE LAWS OF lHE STATE OF MINNESOTA. 2Yt, -?1 ~ CAll' m...., I" .199~ RECo NO. 122~1 I SCALE: 1 INCH - 30 FEET. o ENO"TES 1/2 INCH IRON PIPE SET. . DENOTES FOUND IRON MONUMENT. :=: BEARINCS SHOWN ARE ASSUIAEO. ;; .. .., ._ 0'- J"_ S(I LOT SURVEYS COMPAN'(, INC.. LAND SURVEYORS lU:C1.ST9'-UD 1JNDEJl UWS OF S'1:An: OF :lI:L~ ~"_ INVOIC::; NO. 37212 ~'i.ln:l A_ No.. ~~ 63 LI,n,...",,"., LI;n"..".. ~5o<2S F. 3. NO. 7 - 22- INCL.:S7;:IlAL - JUCIC:AL SC>:~ t- . 30' C:::MMc:::lC:AL -7C?CGi=lAPHICAL ~T=::fI:~C-- <1:1:--::: -....+l: ' C:TY LC7S - PLATtiNG (7""...... ~..;> - -.........-- 0 _ CE."lCTES IRON T & D HOMES 0 Denotes Wood Hub Set For Excavation Only ~ Property located in Section ~.~ Denotes Proposed Elevation ~I 27. Township 32. Range 24. -4:. Denotes Surface Drainage Ano~a County. Minnesota ~ ,- CDC.i::' Denotes Existing Elevation -L.~~' , Type of Buil di ng - S (' t) (J VI=-<- J3 cU;.<. m ~ J1 f , t i 'I !,..' /.,' .; d ,{/ 7 - ~ ~ 7 - Q9"~: ! ~I ~ ("II I -y OCoc;. 'v" ':' AA....'Y I . .... -ziAlJll:'T- l>Jt-ty 01'. if'~ (:;7:;;.CO-- r.,7j'>l I:;). --. 0' a7\ve.rz. ;if.'- , ~ .,. I r",.:u::. I' / . ,.,'- - ..,,, I' '> \---.: f >I - -?;-;.~ - - :b - ..,...,-:......~~: r'?l.">' I I> ,k !f\ ." i ':f'lN~ l-Sl.!\ .~':" ~, '., 'S' ~ :i ~;. ill .- ofI" -.p ~~ t- ' I l " :::t: i ~ - I lu -- --l ~ ~ i 10' " i ~ 1- - - - : 1 ~Ic;~'n : oP" '"0.... I 1 i , .\' jll~~ -- (~:~~~~> ~. ~ 'Z.<;'o.:J \ 1/- / --~,-- II ill I 6!, UI JI~" . 35.S rn ';L) ) '~, ~ : v..rr.. ,~~. ~ ~~ t "'!, II ::J i -:> 1 0"~ I '<l_ .' , ':S' -:z " a ,'() '^ ! il--~ -:o:,:.:~_I_~"'5'~~ \"'b'r~ ~~ -,0 ~I G 'I~ ....1 ~ ff id --:~:-~"; ~ :to' K "' ~ ! ~ '~ ~ :z: f~} I.-j~ ' ~,-~--.~~~; ~ ~r_.1 i I~ h j.YP' '_ ~ l~ rtJ';. ~i ~ I ' ~ ~ ~ I ./ '" ,5-- -.... I. __ t5'1 ~ [! W, '-L I -:;'~ 'O~o' I Q.1D~ ~ --A.i,::::::-- ,: i' ~ I :I Q.~ I' -0 ..,::>-- _ __ !\. I _'I ....s..I~. ,~~ ' " r- .., ;'" I . ~-?' , ~V1 ~ \. I , , ~:i.' /' / '<: rJ....'I1 l~ ~ -. OL- ! ~ ' ~- N I Proposed Top of Block ':'-4 __ .p,?rJ q,~X~t^ - ~ i 'fS"'if -815. a '- A/.-v"/ " .o" __ ~~ CB'T~ I9fZ I Proposed Garage Floor Proposed Lowest Fl oor "-...... I I I . ./ . ./ A nn"f\U." l:""" ~p. t:..l'l ~.''1''J'Jo::''{ I , 894-. s t..' V j, j, g ~.r,;.:~'o.1 ;:.!.i"~tt-;;~ ::~~~i.J" 5;:GARAGE FLOOR SH,4l[ BE MINIMUM IS- ),~...~l_ "'-_.::" ;::,;_;.~.,..... ,-\BCVE EX:S7!'IG STREET GRADE WITH I tl,;R lOG Uttj IN.o::':.... h...N. MAXIMUM SLOPE OF 10 PERCENT. I Proposed building information must be chec~ed with approved building plan before excavation and construction. Lot 8, Bloc~ 1. PIHEWOOD ESTATES $p~4~~~ _ . ~ A. rnKh. Minn.. Rec. No. 67.(3 , / 'Mt Mr.oy cartttytNIt tn. ia a true and ~ "'lll__ l lion of a ~ of ttle lloundan_ of tne .- dMcnbecl land and tn. location at .11 lluildin'ila and Ylailll. ~ If any. lronl or on Iaod land. ~ by us tt\Ia ~d~'aI Mav' 1G 94 / ----:t:>~l v L C-,1. '" l \u...--~ /5c;-s lad CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. .. ANDOVER, MINNESOTA 55304 .. (612) 755-5100 Property Address SPECIAL USE PERMIT /! (J ., /t/t,/I ~iJ-'77W/~ " Legal Description of property: (Fill in w~ichever is approp!iate): . ~.r~ .1 i Lot q Block / Addition~Ol'IQ~~AAf ~73~.;;l.Y. /~ 0 "If PIN d '7 ..3 ~ ~ t.f I '-I- () CJ I=<( I f metes and bounds, attach the complete legal description. ) Is the property: Abstract V or Torrens ? (This information must be provided and can be obtained from the County.) , ;:::::-;::-;:~:::~--------~--~--~~--~~:~~--- .:; (p'X'. ~3 0 /,. \ Section of Ordinance 5.0''; t- k~urrent Zoning R-4-- , / ::::e:: TL;b'l ~~~ Home Phooe ~BUSiness Phooe 767- 2<if?6 Signature __ W!-'4f~Date lV9,lf" -----------------------------~-t?::::e~;:::--t-~. Property Owner (Fee Owner) (!~ J ~ / ~~. (If different from above) ~ ('~ A'~, / /.P,,--~ Business ~hone 7)7 - 7~({?' (l~f" ~~ /~ Date5-7- 95" Address /2 'ldl Home Phone Signature ----------------------------------------------------------------- SPECIAL USE PERMIT PAGE 2 / 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: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. \ X 2. The names and addresses of all property owners within 3S0 feet of the subject property. -r~ PIN #'5" 6u'Cl-r cJ+s h Application Fees: Commercial $190 ~ ~Residential ~n_6~ Amended SUP $SO.OO Recording Fee /~ Abstract property'gS...:...OQ) Torrens property $34.S0 Date paid <;' }VqS , Receipt * Jls3"?"J Rev. S-06-93:d'A S-04-94:bh J 2-0l-95:bh 3-22-95:bh Res. 179-91 (11-OS-9l) 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: l. 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. / J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoWo .. ANDOVER. MINNESOTA 55304 .. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, June 13, 1995 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Mathew Larson to construct an accessory structure prior to the construction of a principal structure as established in Ordinance No.8, Section 4.05, Accessory Buildings on the property located at 14621 Grouse Street NW, legally described as Lots 8 & 9, Block 1, Pinewood Estates Second Addition. All written and verbal comments will be received at that time and location. I A copy of the application and location will be available at Andover City Hall for review prior to said meeting. i~~ rf~~ Vlctoria Volk, City Clerk Publication dates: June 2, 1995 June 9, 1995 PIN: 263224230014 ERICKSON ROBERT B & J M IS"'\146TH LN NW AI .~ MN S5304 PIN: 263224230015 PASCHEN EUGENE H & DORIS J 14532 DRAKE ST NW ANOKA MN 55304 PIN: 263224230016 PASCHEN EUGENE H & DORIS J 14632 DRAKE ST NW ANOKA MN 55304 " PIN: 263224230019 HARTFIEL CHARLES J & M A 14853 7TH AVE NW ANDOVER MN 55304 PIN: 263224230020 BURGW ALD CECELIA R 14604 DRAKE ST NW ANDOVER MN 55304 PIN: 263224230037 HARTFIEL CHARLES J & M A 14595 DRAKE ST NW ANOKA MN 55304 PIN:263224230038 PETTIT ROBERT S & N D 14607 DRAKE ST NW ANDOVER MN 55304 PIN: 263224230059 HARTFIEL CHARLES J & M A 14853 7TH AVE NW ANOKA MN 55304 PIN:263224230062 GUGISBERG MARK R & S L 14608 DRAKE ST NW A!"....OVER MN 55304 , I PIN: 273224140001 VETERANS AFFAIRS ADM OF 1703 ANDOVER BLVD NW ANDOVER MN 55304 PIN:273224140005 STERN DARELL 0 1653 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 273224140006 PUST BRADLEY D & GERALYNN M 14671 GROUSE ST NW ANDOVER MN 55304 PIN:273224140007 SULLIVAN MARY E 14661 GROUSE ST NW ANDOVER MN 55304 PIN: 273224140008 HEILLE DAVID G & JENNIFER E 14651 GROUSE ST NW ANDOVER MN 55304 PIN:273224140010 STOREY SCOTI A & RAMACHER L J 14631 GROUSE ST NW ANDOVER MN 55304 PIN: 273224140011 LARSON MATIHEW J 14621 GROUSE ST NW ANDOVER MN 55304 PIN:273224140012 CONTINENTAL DEVELOPMENT CORP 12301 CENTRAL AVE NE #230 BLAINE MN 55434 PIN: 273224140013 CONTINENTAL DEVELOPMENT CORP 12301 CENTRAL AVE NE #230 BLAINE MN 55434 " P.. ..'273224140014 CONTINENTAL DEVELOPMENT CORP 12301 CENTRAL AVE NE #230 BLAINE MN 55434 PIN: 273224140015 STAY DANIEL R & PATRICIA ETAL 1668 146TH AVE NW ANDOVER MN 55304 PIN:273224140016 SPIELMANN DARCY J & CANDACE F If-"', 146TH AVE NW Ai _ OVER MN 55304 PIN: 273224140017 COOPER MICHAEL R & CAROL J 1690 146TH AVE NW ANDOVER MN 55304 PIN:273224140018 ARKELIN KEVIN R & JANET L 14589 IBIS ST NW ANDOVER MN 55304 PIN: 273224140026 ZAUDTKE HOME BLDRS INC 7711 HUMBOLDT AVE N BROOLYN PARK MN 55444 PIN:273224140027 BLUE DANIEL J 14653 HUMMINGBIRD ST NW ANDOVER MN 55304 PIN: 273224140028 BERGERSON G J & DRAKE DANA R 14661 HUMMINGBIRD ST NW ANDOVER MN 55304 PIN:273224140029 MCKNIGHT WILLIAM L & JOY K 14669 HUMMINGBIRD ST NW ANDOVER MN 55304 PIN: 273224140031 CONTINENTAL DEVELOPMENT CORP 12301 CENTRAL AVE NE #230 BLAINE MN 55434 PIN:273224140032 PAVEY GEORGE T & LOIS M 14660 GROUSE ST NW A'.T")OVER MN 55304 , , / PIN: 273224140033 ZAUDTKE HOME BLDRS INC 7711 HUMBOLDT AVE N BROOKLYN PARK MN 55444 PIN:273224140034 CONTINENTAL DEVELOPMENT CORP 12301 CENTRAL AVE NE #230 BLAINE MN 55434 PIN: 273224140035 CONTINENTAL DEVELOPMENT CORP 12301 CENTRAL AVE NE #230 BLAINE MN 55434 PIN:273224140036 SWIFT CONSTRUCTION INC 9240 BALTIMORE ST NE . BLAINE MN 55449 PIN: 273224140037 KING DANIEL L & LYNNETIE M 1673 146TH AVE NW ANDOVER MN 55304 PIN:273224140038 JANSKE FIRMIN M & MARY ANN 1685 146TH AVE NW ANDOVER MN 55304 PIN: 273224140039 SCOTI OLMSTEAD BUILDERS INC 10734 HANSON BLVD COON RAPIDS MN 55433 , / CITY OF ANDOVER REQUEST FOR COUNCIL ACflON AGENDA N:l SECTION DATE ..1111 Y " ,qqc; ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning ~ 7fiJ David L. Carlberg, Planning Director Discussion Items ITEM N:l Lot SplitjVariance 14278 Underclift st. NW Shirley LeFebvre r-. REQUEST The City Council is asked to review and approve the request for a lot split/variance by shirley LeFebvre at 14278 Underclift Street NW. The applicant is requesting to split a .7 acre parcel into two parcels of .31 acres and .39 acres. The variances requested are for lot area for both parcels. Please consult the attached staff report dated June 13, 1995 and the minutes from the Planning and zoning Commission meeting for further information. '. RECOMJollENDATION The Planning and Zoning Commission recommends approval of the lot split/variance request with conditions as indicated on the attached Resolution. / MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCES REQUESTED BY SHIRLEY LEFEBVRE TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Shirley LeFebvre has requested a lot split and variances to create two (2) lots pursuant to Ordinance No. 40 on the property located at l4278 Underclift Street NW, legally described as Lot 2, Block 4, Andover Boundary Commission Plat No. 1; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the Planning and zoning Commission finds the request is consistent with the Comprehensive plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and ) WHEREAS, a public hearing was held and there was no opposition to said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the lot split and variances 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 to allow the lot split and variances on said property with the following conditions: 1. That the applicant pay a park dedication fee pursuant to Ordinance No. 10, Section 9.07. 2. That the lot split/variance be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). approval. Adopted by the City Council of the City of Andover on this day of , 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST Victoria Volk, City Clerk Regular Andover Planning and zoning Commission Meeting Minutes - June 13, 1995 Jge 6 (Public Hearing: Special Use Permit-Accessory Structure Prior to construction of principal Structure-Larson, Continued) . would be almost 80 feet. Commissioner Doucette saw Lo~ 9 as a yard enlargement of Lot 8 with a request for an accessory s 'ucture. Could the Commission require the exterior of the garage to compatible with the principal structure on Lot 81 Mr. Carlberg st ed the Commission has that ability. Commissioner Peek noted the ap oval granted by the City in a similar situation in the northern par of the city was on a larger lot and was for a better defined us. This request has a significantly greater impact on the neighbo because of the density. He understood the concerns of the neighbor about the property values. Because of the density and the open-end use, he did not think the proposal is good planning. Also, it co d create a situation where the owners would corne back to the City at orne point asking for a variance. Commissioner Jovanovich agreed. I there is a trailer there,'who is to say someone won't be living in t, which might be a problem. Mr. Carlberg explained the only wa to combine the two lots would be to replat it. Then a Special Use/Permit would not be required. The issue is because it is two separafe legal lots of record. Conunissioner Putnam stated he would be ore in favor if the two lots were a single ~ot with an accessory str cture behind the principal structure and sold )nd maintained as one arcel. It doesn't make sense to require new owners in the future have to accept the garage as located; it is not good planning. Cha' person Squires also agreed, feeling this would establish a preced ce in an R-4 area. , Seconded by Jovanovich, to deny the request for a Special Use Pe it request by Matthew Larson for Lot 9, Block 1 for the construction of an accessory structure in advance of the principal structure. A public hearing was held and there was considerable oppositio from neighboring property owners and adjacent property owners. It is out of character for the R-4 district. It would be settin a precedent. It may set up a situation for future request for varia es, and so forth, that are really unnecessary if we deny this acti now. The proposal is not consistent with the Comprehensive Plan an the proposal may have an effect on the surrounding property values. M ion carried 0 , sen pe e-:--This will be' placed on 995, Council agenda. 8:l4 p.m. t?)) PUBLIC HEARING: LOT SPLIT/VARIANCE - 4278 UNDERCLIFT STREET Nfl - \V SHIRLEY LeFEBVRE 8:14 p.m. Mr. Carlberg explained Shirley LeFebvre has requested a lot split of .7 acres at 14278 Underclift Street NW into two lots of .31 and \.39 acres to create a lot for the construction of a single family /residence. Variances are also required for the lot size. The property is zoned R-3, with lot dimensions in that district based on not having municipal utilities. However, because city sewer and water are available, the lot split and variance should be reviewed as if it were zoned R-4, Single Family Urban. The R-4 district is immediately to the south of the parcel. The two lots do meet the minimum requirements of an Regular Andover Planning and Zoning Commission Meeting Minutes - June 13, 1995 - 'ge 7 I (Public Hearing: Lot Split/Variance-Underclift St., Continued) R-4 zone, but variances are being requested because of the current R-3 zone. If and when the City's Comprehensive Plan is approved, all urban areas will be rezoned to the same district. Mr. Carlberg stated the other option would be to rezone this one lot to R-4. The reason it is being presented as a lot split/variance is because a very similar process was done in 1991 to a parcel about a block north on 143rd and Vintage. That one could not be rezoned because it would be considered spot zoning. The City's intent was to allow this lot, which is one of the larger ones in the subdivision, to be split, as utilities are provided for a second parcel. Staff is recommending approval of the request with conditions. MOTION by Jovanovich, Seconded by Luedtke, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Apel) vote. 8:25 p.m. Commissioner Peek noted a pattern of 100' x 150' lots in the area. He asked the applicant it she would be willing to move the lot line 10 feet to the north so the width for the proposed lot would be 100 feet. Then a variance would not be required for lot width. ,irlev LeFebvre - did not have a problem with the suggestio~. J MOTION by Peek, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Apel) vote. 8:29 p.m. MOTION by Peek, Seconded by Doucette, to forward the attached Resolution on to the City Council with the recommendation for approval with the added condition that the lot width to the southern property be adjusted from 90 feet to 100 feet. Motion carried on a 5-Yes, 1-No (Squires as he felt a better process would be to rezone the parcel), 1-Absent (Apel) vote. This will be placed on the July 5, 1995, City Council agenda. 8:30 p.m. SETBACK LINE, 15425 PRAIRIE ROAD DURWOOD the request of Durwood and Loran Sagvold for a t width at 15425 prairie Road. The parcel is 260 feet wide, and the dinance requires a width of at least 300 feet as measured at the fro setback line. There are existing lots with houses on either side of the p cel, so there is no ability to add to the lot width. The lot is seven a s and all other requirements will be met. The Sagvold's are also moving t interior lot line of the par~el, which will be handled by Staff and re ded with the county. Staff is 'ecommending approval. / MOTION by Peek, Seconded by Luedtke, to forward the attached Resolution to the Council with the recommendation for appr~~. Motion carried on a 6-Yes, 1-Absent (Apel) vote. This will be place on the July 5, 1995, City Council agenda. CITY OF ANDOVER REQUEST F.OR PLANNING COMMISSION ACTION June l3, 1995 DATE AGENDA ITEM 7. Public Hearin~: Lot Split/Var1ance 14278 Underclift St NW Shirley LeFebvre ORIGINATING DEPARTMENT Planning David L. Carlberg Bv?lanning Director APPROVED FOR AGENDA BY, ~ Request The Planning and Zoning Commission is asked to review the lot split/variance request of Shirley LeFebvre to split a .7 acre parcel into two parcels of .31 acres (13,500 s.f.) and .39 acres (16,800 s.f.). The applicant is requesting variances for both parcels from the lot area requirement and a variance for the southern parcel on the lot width requirement. The northern parcel will require a 3,200 s.f. variance from the lot area requirement and the southern parcel will require a 6,500 s.f. variance from the area requirement and a 10 foot variance to the lot width requirement. ~he property is zoned R-3, Single Family Suburban. Applicable Ordinances Ordinance No. 40 regulates the division of lots. A lot split is defined as any division of a lot, parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. Ordinance No. 40 also allows the city Council to vary from the provisions in the Ordinance. Ordinance No.8, Section 6.02 establishes the provisions for minimum lot width, lot depth and lot area in an R-3 zoned district. The minimum requirements in an R-3 district are as follows: Lot Width at Front Setback Lot Depth Lot Area Per Dwelling 100 feet 150 feet 20,000 s.f. (.46 acres) Ordinance No. lO, Section 9.07.10 establishes the minimum area of land dedicated to park and open space. For all subdivisions by metes and bounds description the subdivider or developer may elect to pay, in lieu of the park dedication requirements, the sum of 'four hundred dollars ($400.00) for each dwelling unit that could .be constructed upon the proposed subdivided property. In the event the developer elects to pay said four hundred dollar ($400.00) charge, the City may collect additional park fees if the developer re-subdivides the property in the future. Page Two Lot SplitjVariance - LeFebvre L4278 Underclift street NW June 13, 1995 Review The purpose of the lot split is to create a lot for the construction of a single family residence. The lots in Andover Boundary Commission Plat No. 1 have city sanitary sewer. The lot dimensions and area in an R-3, Single Family Suburban District, are based on a lot that does not have City services (sewer & water). Therefore, the lot split/variance request should be reviewed as if it were zoned R-4, Single Family Urban. The R-4 District has city sewer and the following minimum standards are required: Lot Width Lot Depth Lot Area Per Dwelling - 80 feet - 130 feet - 11,400 s.f. (.26 acres) There is another option in this case. Instead of granting variances as stated above, the property could be rezoned from R-3 to R-4 as it is contiguous to the R-4 District. Staff will discuss this issue in greater detail at the meeting. :commission options 1. The Planning and Zoning Commission may recommend approval of the lot split/variance request of Shirley LeFebvre located at 14278 Underclift Street NW, legally described as Lot 2, Block 4, Andover Boundary Commission Plat No.1. The Commission finds that based on Section IV of Ordinance No. 40, the City Council may vary the application of any of the provisions in Ordinance No. 40 and that the variance request is consistent with the intent of the Comprehensive Plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover. 2. The Planning and zoning Commission may recommend denial of the lot split/variance request of Shirley LeFebvre located at 14278 Underclift Street NW, legally described as Lot 2, Block 4, Andover Boundary Commission plat No.1. The Commission finds the request does not meet the requirements of Ordinance No. 40. In denying 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. Page Three ~ot SplitjVariance - LeFebvre i4278 Underclift Street NW June 13, 1995 Staff Recommendation Staff recommends approval of the lot split/variance with the following conditions: 1. The applicant pay a park dedication fee 'pursuant to Ordinance No. 10, Section 9.07. 2. That the lot split/variance be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). / " .- , . Q .6. .~G :_ /.,:!:)).) "~.7 ' , . I;- __,. R -I t--~-,; if~ 'R'~/--~D_~_'~: J: ,to . . .,i\ i ., · b~' -:~- :.- ~ . : . L.:_,;-; lb.;',.:\+:,:' . ."#!. ~'" ......... ... . ~'= 1-"',....;...".... ......\. " .. 'i;: .~.~r.L-c.~~S!".2 -- ..~;;:,;i.~.:~L .;, ~.~r'{"'- N'-r~7:~ ~ --:1 .1, I '7~~ \ ' :8 II ~ , , ' , ' . I ;-~ c2 : . :. . I l' ,11 :, ....... . EsTATES ~ .'.'. I - ' ~ / J:' 1 ~A~LEC '"'. ~ . , ,'" : 12~'.1 CST.TES II J I. 'If .." . '...... ,,',2' ~ ' '~-:-I -tr.;!- _:..:-~;..:.j' '/'! , ~ ~'~ AN"i'r{"__J _ r ." -- ~ ., . .. ~ ~ ~"'. ~~"""l . ," ~ ,,:;,r~ 1, ':"~ ~- . - '-- '-. '. -~......'--~- ~ ' ""I ' . " \.1' IESTA,t:"4 . . Ii" ~ ~"VI ._;>0 ~ ''tf'"~ i i I ;' 1 ~. RO"Al 'dill' , . ,ES!"ti'. ~"''-''.'' '.I.J' '.' .' . : ,: . I ' i' ~ I (~,. · v/.,'D, . =- .~,~ I . I :~I . "'.,J,z. #.' . IJ ' l~ " . /'.11 1--.j I,,~:":':i.'" _. ,.~~.7t WNO'S .;'!\ KE. E~s':TEs -~,' . . 7/ J LJ ,'f:W':./' ~ ',., ~ 'j'" '17...,~ -,~ - ~~l: LAKE '" .;,'1:,:.,.''''' -1'1" ,'" ,., ~ ~'" .. ..-:-..~/ 'L tt....~;:.}~':;..~. . , ,,". "',' .4 / _' ./ '/"L__ ""'''~:;l ~ . ' '::' . T 1-_' -:--.. ' .~~~.~~.i'1I" , 111'- . , ' , 1/:)":';'." ',;',: "ITi' -:,.. '/ -.-,i.I,\\.'~,".~";;~~~ " .; ...... c ,'T.,. ~~. ' ~~~,: .,:. . ~. ..... < . -- . bt' ,~ . I . ,. I~--'" . I-} ..._ I" '~rD/" -;:>:: ....., -' .......... :: .;, IT~~' '-" . . . , - - -- .J. I':f': ...... _,..... . . M ~\ ...", -......................:; - .' ..IY"" ':\--=-- ~ ;) , : ' .,. "'. . u " ::. it.; - \\... -~~:"".,. ""'. '" L ~ ~~.'.<J. ~ ~', .. /. t::.-. . ' 0 ~ - .,." .~:...... .: . r~R" ~ :V, ~:' .....L..:::; A.Nor,,:, CO. '-.:.I1-J1 ~ 'l""Qi ~-. ,~. Ir -- '. ~ - -;r: 1-- ~----- - f-::.; o,;J." .. ~ 6 -;<~ ~ ....... A') ~'iI .. . \~ ...s'~V'~ Wi 0 - ~ _"9 ~"'.: i\ ;. /,<'~ ~ :. ~ \ ~ .~'/w ( JIR R - 'r....~,. t-;., ."IL .' . .... ~ '/ R ~ ~J - ~ ~.~~ '.,. "v"#' ' .: -.' . ~. ('. ~.I\; . .- 't- . .' . :, ~ I--- ~"'~C:I'_ '::~ 0 ~- ;,.:..~; I-- / - .;: s ..........." ,.' ~ M~ n'Y' .', L....:.: I........:-.~ \.... ~ I L,,; I"'" r- 4( . "='. " ....~\." I .~ I' I"" I:"" r ~ ' lr'~ _~ -...........1_' ~ J ",', ~, - "\" tt 1 ~' ~ . ".(. -...... ",r-- "' \-D r...:':f;:::: '~.' '.... '.1\.'1 c.~., G~ I ~~. .",. ~~'Jn-~I' ........, "~.'~"':Y7 ~- 1 ~. ~ _ _ __ ". "'. t'..:-' ~o. .... :-:".... --: .& . lA- ....,~ ...,..... - 000'", ~ ----~--f ~.~ ': i!\l.). _.' ..4~if~ ... -.- ..J~ o\,. i ~ ..1.~ . .- ~;;0;: , " . ^.,,~ : G 7;: . {i~ . " , m ~ ~ : ".~': 0 "'. .~ Q'l~s~h'i.~ ~ ~ 0 0 '0 I!". ::: ~ .... . . "C .. """ '" G I ~ ~ -, . ....' ,.. .. .;"...... ..:~ 1... =~. 10...0 "'~, ..... - ' [';..F.r.r.. .... . ...... .. .." ~ ....~_ ,II .,.'..'---.......~: I .. ~...., ,,'.,......1...... '.'~'~ -'1":-. .. ... .".. -,-'...._ ,o(~w:u~f-f,- . c":":--. ,...... ---l.- . :;-F;rH .. '.t- . ..... 1_.' . . .- l'-z~.":' ~ 1" _ ~ ,;.".. ~~~. R-4.. kVi-'~~ l! ~ !!;~' ,'" ,,,_r,' 1_ _-,{,,\'f;.~1!lll ~ c~ .-7-. '. n '" ~-~! .' ' t ':.:.:.;,' ,.. . .. 'I '" . '.' ~i '-,;; . ':: ,7l1'Y' /, ; ...0.... &:::i-"""""'" ~I.. '''::1;;:'0' ~~ :.~ _ 'i{~~ ~.. ': .,.1. ~ - 1~~C= r..\~.,. r=o' -I i,~' ' .5" -l '-J I'\Tj 1;1 1\ ,;.... -.J',,;,~: :" ~ ::::: / 'jo... ,y;, .' "V f..... :!l ' ~.. "".. r,-.:.... ~~...)' " . .........r c """'. .. \ r;: .1 ..;.;~ A, \, ~ \ . ,. ~. ~.. . -...::: r ~ ,.. _, ""',.iP;.-Co...."".'":: . '.~.,= ~,. '-J. n JD. "k ~lr\. o (--~..~.~ ~""'J I ~...~ '~~.J - . ... / I 'IDOVER ,~~ i:~ --.J~ ~11 D SH~D AM'" oOlons _AIlEA HOUSE NUMBERING SYSTEM . :ATlON MAP . "0 . ., d Co 715 .... ...-- ..." ")) .- . t' I. , ?<I: Z UJ x 9 '.'12 oIt' ',... ~ .. .t ~,"'!l.~ . 0 Ill'll c /; 112! ;'., ,. IC' I 1/ ~. "0 ~J " 'c- .. , " , . 12e: 9 ,~ .2 ~ ~ .. PI"'- -:.. ., f ~ --Z'.,. ~,:-- :-:--, 143RD I ..,a.,"c..'IIc,. I " 11 ~ I ~ ~ " .. ~ ~ ~.,,-:>..'.( " / (;:: 1,' _ .... ..~ ~. ;(~l VJ]. z.' ..~; .W ...18 ~c., . ~ H.: 0:;;;Z,3'5 UJ ~ ,- ~-~. CI1.Z oc d- O := " ~ ,1' .:. <: :l.:-'.! 26 ...'!I .."_ .(:1' ~7 3( :;~l .... '9 Ii --) .Eo 6" 5."... ~ '.. '0Y"'.... :E..... Co Z,. ,.. . f. "0 '!I ~ 4 : I~E:< ., , 11~~11/0 : 'I: ~9 / ; ". ~::: .. I _ , <- l-i ':".:, ..., ~ - - ~o:e '-::z:-. - r. -:-Z-. , . -----........- I. D.~ \ QJ !':"1 __~o I " Jl :,.:. .: 10,:-) I . ~\:! s (f~ 11 2 o ~ e -1;0: L I~ , I~, I .., ~1 .~c -. I'i" -;.. 't. 'Ill l"() SC;d' ,e 311l'\ ~ .. s :: ~ it \ to o o , ~..... ;UJ ~'w ., a: ..... r.n ~ 'c ~ I [I a ~ .. ~ .. . , .1.- ')"..... ...-.. "to I~ ~ ~. s 8 . .:: 9 .. <. z .., e...- ';, ~ .. ... -. I "'t1 '.:f. ) ., tl I .' ~I!:!'" .'. . , b., !l ..u~ -( '".a ~Ii:t<j"')!l ..>..'( '!.o9....~ ':0 E 6(;.g,! :~ f;';1 :'Q.:, ?': j , --'j .., 1:41) "'/ ., i c.. (~- ~/~--: ~. .. -t.... '" - _.../ r:: ~ I~ I I I ., "'I .;'11:0 ,~: j;;'z ;. I ::.."..,;,1,/>- ... JlllCl " :. I I' ....'1.:. ,r <:( I .1":-......' ~ f 3: :.,21. - ". : '. I ::C~.-:--- '<<);:)II.,C)' "'*'1/:_ 102-: ~~!.~:r: - - ... (I..) ~::~~'~a ' 1:- ;<1:' Ill. . : w (:-~, I ---I I- I, ~': ':' I <I: .= 20 .!: l;._ - I ..... . i ~ . '.- I:' (j) I; . ~ AVE NUE N.W. ~/ /." ...., "." . / 8 0j> 9 .'/ . ~ I ': .~-; ":D' DtT I q~~ /~ I;' 10 .,/~~ I I /", ..~.." "'" . f 2E.l ,__... . ':"1 .. ''!is.,.c \, 4 It VII' ;,.=. , ~ I "69"" ~ 8" ," (as' I I . ~ 2 t~ ~ I :=- z ~ 'bC; I . 9.;: '1 ' $1il...tlO...'IE. ~ co ~ I I 2 ,-:(~IY : ~:" I ..o:oe,~.. .(" l"'c-o ~eu, I: 1':"-- I ~ :!,o l.I r..-' 1- . I ., I~ .: - -'--- \8i",; !.~( . - . q' :: -.:: I ":t~'~__ !c' * . ~, J. 'I~ --fa ,> ,..J .,' ''':iD A DD'~ rl;! __ ';, ; UJ '!l. c ~ '. _ _.r- ;1 : <r :1'-' I --.J ~ -r '--1 I i (. 1 I: '~ \ u. a . ~ 1 '2 ,. ~" ,"::)'zo YO-roO :~ I a: .// ,~ .. e<j"':..a -(. I*' 5:i6h o co '4f,) :! Z (9Q' 2 ,!.l) '.J~ '.- . ": I!'~ '3 " to;: I ,,' : 18' . ' ," Sd,c).c '..~~ ~ '1' I...~_ _ 3;;,:;' ~I .i -, .b""... ~",,:' I " 5 ;9~1 , ~i~3(-1) I- 3 I:' or , r~ -' , , I 4 .! 'J ~,!! ~ :~::I'~ .il"-,OL A , ..to'. .. ...~ ,'~ .i: , ~ r.,~ 10 ._ ,~., .........0... :~.~ - , 4: l ", /- i:l:.... I :: I. O'l II /2 ~~ 96 ....~ ;;Jl" ':"".1-= :: z 2 ~ . 2. ,I "!2 - "uta'! . fit ;z (:'0: :..\ , , : ~.;: % I r; '1-1I-~;: .. I:Z I. :::> ".0 '" '! I U ~ f ", I'.'~' ~ t - " to I'" " ... , ~ So 1 . . ., "~ ~ J:J_: Z 6.. ; ~ 1 . . . c~ e Po~. 'I J ,., l '!o.:j,: & t..":' .. ~ ...;..:- "!,.... ..... 00:. bo:' .. 'c,,", :&..c' I 2 . . :---. .. Z 't~ ",. -14 I .. S . ., ~ .' ":II .. , ~: i (....\ 19 ,1< 4" .... 1 , ~ : 1 ~! I 2 "I' ?f}(1 ~ p~f ;;; /7 I .. -i;? I ~ ---..-".- J I v I w i QJ v .:> [j] .... ~ I ::s .J -.; I, ~ l - ' 'l:: . . . c 1 ~ 1 i <? I ;:s 0 u ~ .. ~ () -:J:. -----1 ---.. _._..-0.____. ~ - ~ ,...., -:"'i j:; -; Ii -1-' - '" - e,., -~ v f\ :l . ...... ~ ~ _. ""t- - \I .. -+: C/) ..,~ 3 ... V) ~ ~ <;) l" [] ':::t"l '" "" --i' :l -\- ..... 0 ., i ::t: .. \ \\) ~ ---1 ~ 4-' "'; <:::Y") "4- COI lu! <::: ~t -+- , - - '" \J - , I.. S .lel 9'>1 u \ ~ i .I ,,' 0:0 ., C' - :> s ...j ~ v 0 u.: '=tl , ~ V f. " +, : (:I- ,'I C1-' ! VI () +- I ;:, -.1- Q ()' i -:l <l 0- :::z:. I ~ , I l__~ I I I , ~~ I ! i , I I ~ .y .., ::l ----t "" 0 I ::> "'::t. i 0 -:J:.. ~ ~W V/ ./ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. .. ANDOVER, MINNESOTA 55304 .. (612) 755-5100 LOT SPLIT REQUEST FORK property Address /"1;)7 S- {j~c1~f' C/'.[ f SJ. ;Z;, tU Legal Description of Property: (Fill in whichever is appropriate): Lot,;( Block ~ Addition /1t1i~v(""r [lcv1lJ'J etJmm,ss'MPlai I PIN Jj-~::l-a.4-~31-~G-f) (If metes and bounds, attach the (OtFi5'" complete legal description). Is the property: Abstract. Y or Torrens ? (This infor.ation mustoe providea:anu can be obtained fro. the County) . ----------------------------------------------------------------- Reason for Request h) ~1/ ,-t/l.6 cJVLc C/~I.<A4'/ ~ opL~/ /J7!-1 /;-1 /;~Ai<-<.J . ../ - .jad.. a,] I'l /V/u;bj~l.f...~ ./d~ - I '""'" Current zoning Y)~Si rI~" t t"a( (jf -.3 ) ;:::-:;-~;;~;::~~--{!~-----~---~~~;:;~----------------------~ Add~'" N.77? Gkb~ x:f.J Home .Phone "'t:2? -';;)~~/ Business phone Signature (I' xf.L4 . ,-:i ..tA~ Date ~02;J- ~73'7 i~1.;-':_ 5"" /s= /91' . ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business phone Signature Date ----------------------------------------------------------------- LOT SPLIT PAGE 2 Attach a scaled drawing of the proposed split of the property showing: scale and North arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent street names; location and use of existing structures within lOO feet. The date the property became a lot of record, the names and addresses of all property owners within 350 feet of the property proposed to be split, and the complete legal description of the subject property must also be provided. I hereby certify that this property has not been subdivided within the last three years. Lot Spli t Fee: Recording Fee Abstract property Torrens property ~ ~-- (1. ..-?L%t :fl i!r.J-- . S1.gnatur of App l.cant Date Paid S-/lIhSReceiPt t O..;J.' s-11 Park Dedication: Date Paid Receipt I Rev. 5-06-93:d'A 5-25-94:bh 2-01-95:bh Res. l79-9l (ll-05-9l) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. .. ANDOVER. MINNESOTA 55304 .. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, June 13, 1995 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Lot Split/Variance request of Shirley LeFebvre to split a parcel into two parcels pursuant to Ordinance No. 40 on the property located at 14278 Underclift Street NW (PIN 29-32-24-31-0095), legally described as Lot 2, Block 4, Andover Boundary Commission plat No.1. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. v~ f{~City Clerk Publication dates: June 2, 1995 June 9, 1995 PIN: 293224310045 LANG DALE T & CARLA J 14?9? UNDERCLIFT NW Al )VER MN 55304 PIN: 293224310046 SOLBERG DARELD F & CYRlTHA 14289 UNDERCLIFT ST NW ANDOVER MN 55304 PIN: 293224310055 HARRIS MICHAEL R & M B 14278 VINTAGE NW ANOKA MN 55304 PIN: 293224310056 SEIFERT K & OLSON SEIFERT G 14268 VINTAGE ST NW ANOKA MN 55304 PIN:293224310089 BONNEVILLE D A & BERGSTROM 3608 143RD AVE NW ANDOVER MN 55304 PIN: 293224310090 BANKERS TRUST CO TRUSTEE 14288 ROUND LAKE BLVD NW ANDOVER MN 55304 PIN:293224310091 NESS WAYNE R & MARY M 14268 ROUND LAKE BLVD NW ANDOVER MN 55304 PIN: 293224310092 KEENE ROBERT W & MARGARETE 14269 UNDERCLIFT ST NW ANDOVER MN 55304 PIN:293224310093 LIBOR STEPHEN F & J R 14279 UNDERCLIFT ST NW ANDOVER MN 55304 \ PIN: 293224310094 BLESI PAUL A & ELIZABETH M 3648 143RD AVE NW ANDOVER MN 55304 / PIN:293224310095 LEFEBVRE WILLIAM F & C S 14278 UNDERCLIFT ST NW ANDOVER MN 55304 PIN: 293224310096 HASLIP ROBERT L & S L 14269 VINTAGE ST NW ANDOVER MN 55304 PIN:293224310097 RUUD BOYD C & FLYNN DONNA R 14279 VINTAGE ST NW ANDOVER MN 55304 PIN: 293224310098 SEXTON STEPHEN C & LINDA A 14289 VINTAGE ST NW ANDOVER MN 55304 PIN:293224310099 BROSDAHL RANDY R 14299 VINTAGE ST NW ANDOVER MN 55304 PIN: 293224310100 BUCHANAN REBECCA A 3720 143RD AVE NW ANDOVER MN 55304 PIN: 293224310101 NORTON JOHN R III & CYNTHIA 14288 VINTAGE ST NW ANDOVER MN 55304 PIN: 293224310127 STRANBERG SCOT R & RAMONA L 3629 143RD AVE NW ANDOVER MN 55304 . " r. /293224310128 EBERT KENNETH P JR & J E 14309 WOODBINE ST NW ANDOVER MN 55304 PIN: 293224310142 SUNDQUIST KURT A 3619 143RD AVE NW AJ'lDOVER MN 55304 PIN: 293224310143 LARSON DENIS L & JODI B 14109 VINTAGE ST NW t /OVER MN 55304 PIN: 293224340002 HAGEN BEVERLY H 14234 ROUND LK BD NW ANOKA MN 55304 PIN:293224340009 HASLlP ROBERT L & S E 14269 VINTAGE ST NW ANOKA MN 55304 PIN: 293224340018 " SEIFERT KENNETH J & GAYLE 0 14268 VINTAGE ST NW ANDOVER MN 55304 PIN:293224340019 KANGAS RICHARD A 14252 VINTAGE NW ANDOVER MN 55304 PIN: 293224340020 LARKIN GREGORY TODD 14244 VINTAGE NW ANDOVER MN 55304 PIN: 293224340021 MURPHY S C & EDWARSON LJ 14236 VINTAGE ST NW ANDOVER MN 55304 PIN: 293224340030 FORCIER PAMELA L 14249 VINTAGE ST NW ANDOVER MN 55304 PIN: 293224340031 HUBBARD LEONARD L & THERESA A 14239 VINTAGE ST NW ANDOVER MN 55304 PIN: 293224340032 KROCHALK PHILIP 0 & SUSAN A 14227 VINTAGE NW ANDOVER MN 55304 / PIN: 293224340033 NELSON PETER E & LISA M 14217 VINTAGE NW ANDOVER MN 55304 PIN: 293224340034 KIHLGREN JOHN W & BETTY M 14207 VINTAGE NW ANDOVER MN 55304 PIN: 293224340043 WANDERSEE ROBERTW & MAVIS A 14260 ROUND LK BD ANDOVER 55304 PIN: 293224340044 ST DENNIS PATRICK J & MICHELLE 14258 UNDERCLIFT ST NW ANDOVER MN 55304 PIN: 293224340045 CONNELLY DONALD J & RHONDA L 14248 UNDERCLIFT ST NW ANDOVER 55304 PIN: 293224340046 HENDERSON MICHAEL 0 & DEBORAH 14259 UNDERCLIFT ST NW ANDOVER MN 55304 PIN: 293224340047 HENDERSON MICHAEL & DEBORAH 14259 UNDERCLIFT ST NW ANDOVER 55304 PIN: 293224340048 WANDERSEE ROBERT W & MAVIS 14260 ROUND LAKE BLVD NW ANDOVER 55304 ..: 293224340049 WANDERSEE ROBERT W & MAVIS 14260 ROUND LK BD ANDOVER 55304 PIN: 293224340050 WANDERSEE ROBERTW & MAVIS 14260 ROUND LK BD ANDOVER 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 5, 1995 ITEM f\O. Variance Lot width Front Setback 15425 Prairie Road Durwood & Lorna sagvold DATE ORIGINATING DEPARTMENT APPROVED ~ FOR AGENDA Planning ~~ David L. Carlberg Planning Director AGENDA SECTION f\O. Discussion 9. REQUEST The city Council is requested to review the variance application of Durwood and Lorna Sagvold to Ordinance No.8, Section 6.02, which requires a lot or parcel of land in an R-1, Single Family Rural District to have a width of at least three hundred (300') feet as measured at the front setback line. The sagvold's are requesting a fifty-four (54') foot variance. For further background information, please review the attached staff report from the June 13, 1995 Planning and zoning Commission meeting. J PLANNING & ZONING COMMISSION REVIEW The Planning and zoning Commission on June 13, 1995, made the motion to recommend to the City Council approval of the variance request. Attached is a resolution for Council review and approval that reflects the motion made by the Commission. / MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE VARIANCE REQUEST OF DURWOOD AND LORNA SAGVOLD TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A LOT WIDTH OF THREE HUNDRED (300') FEET AT THE FRONT SETBACK LINE ON THE PROPERTY LOCATED AT 15425 PRAIRIE ROAD, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Durwood and Lorna Sagvold have requested a fifty- four (54') foot variance to Ordinance No.8, Section 6.02 which requires a lot width of three hundred (300') feet at the front setback line on the property located at 15425 prairie Road, legally described on Exhibit Ai and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04i and WHEREAS, the Planning & zoning Commission recommends to the City Council approval of the variance 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 hereby approves the variance requested by Durwood and Lorna Sagvold to Ordinance No.8, Section 6.02 which requires a lot width of three hundred (300') feet at the front setback line on the property located at 15425 Prairie Road, legally described on Exhibit A. Adopted by the City Council of the City of Andover this ____ day of , 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATtune 13, 1995 AGENDA ITEM 8. variance - Lot Width at Front Setback - l5425 prairie Road - Sagvold ORIGINATING DEPARTMENT Planning David L. carlberg BY: Planning Director APPROVED FOR AGENDA B~ REQUEST The Andover Planning and zoning Commission is asked to review the variance request of Durwood and Lorna Sagvold to Ordinance No.8, Section 6.02 which requires a lot or parcel to have a width of at least three hundred (300') feet as measured at the front setback line (40'). The property is located at 15425 prairie Road and legally described on the attached resolution. The property is zoned R-1, single Family Rural. '- APPLICABLE ORDINANCES Jrdinance No.8, Section 6.02, establishes the minimum lot requirements for an R-1, Single Family Rural zoned lot. Section 6.02 requires a lot or parcel to have a width of at least three hundred (300') feet as measured at the front setback line of forty (40') feet. The lot or parcel has a width of 246 feet as measured at the front setback line. The applicant is unable to acquire additional land adjacent to the parcel to comply with the width requirement. Therefore, a variance of fifty-four (54') feet is being requested. Ordinance No.8, Section 5.04, establishes the variance procedure and process. Variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. BACKGROUND & REVIEW The applicant is requesting the variance to allow for the future construction of a single family residence. The variance is being requested in conjunction with a request to move an interior lot line. Staff will explain this in greater detail at the meeting. page Two 'Variance - Lot width at Front Setback '15425 prairie Road Sagvold June 13, 1995 COMMISSION OPTIONS A. The Andover Planning and zoning Commission may recommend approval of the fifty-four (54') foot variance to Ordinance No.8, Section 6.02 which requires a three hundred (300') foot lot width at the front setback line requested by Durwood & Lorna Sagvold on the property located at l5425 prairie Road, legally described on the attached resolution. The Planning Commission finds that the proposal meets the conditions established in Ordinance No.8, Section 5.04. B. The Andover Planning and zoning Commission may recommend denial of the variance requested by Durwood & Lorna Sagvold on the property located at 15425 prairie Road, legally described on the attached resolution. The Commission finds that the proposal does not meet the requirements set forth in Ordinance No.8, Section 5.04. The Commission finds that no hardship exists due to the unique shape or topography of the parcel and that the land owner would not be precluded reasonable use of the property. C. The Andover Planning and zoning Commission may table the item. Staff Recommendation Staff recommends Option A. . If" .1 I I II.... )r" "1 =.. 4I."J' r...,.-~l ....... <.'~ ~~ I (~,-.:. - . ~. ~ ; , ..' \ ~ ~; _....... ~ ;} .... """ '" ~,~ . -":.:.n'. ..."'....- . / " ._ ') 1..\ ~~' llI;..J. I ~. )-~ _...1 ~~ ~"DS.;r . I ~.- _.L.... '. .... ' · , j ~J;.'" ~<~ '\ _ I'~l ~ .., -~- !t J ,-' ~ ,1'1 "r .::;.. ,"\:- 1 !. ~l'> ,.~ ' ,nlCl ."" .. I .~ .' ' : ':; ;~tlBE!!'t'5~-~-r.. ~.~I_~'" . 17'ST.... ow , 'il 'AJ;a...:-\i . ..... ',' . ' . 'I, ~ .'~" -,' , ~ 1 I \ ,- . . 0 . , !!:i g" I ~'i(07~~~r,':. ==~ . ii:!,,' mm__+u~~~~_:.:.~~_: .~--- ~-:-;.;~. : '" ",_; .' .~;m ___ 1113., ';...' J'~".. : f f~' '~ ' I ~/, . -\ I \ -' : 2 i ...", .... ow ~ ,Il! ~ ~ 1/ ' I ,/1 , ,. '\ \.. . I -\ L!~L-.--:~:~ ,\ i .. . \ ' , ) Ii; ,,: _.0. . , III ' . ..' . ,. ~... _ ~_ II. :..~ ..L~/ '.'.,. , ,J --,---- r/.-Y" I '.;. .......... , 'l I '~. I ! r .., ..,~ ---- ............. ! ?1\ i' il.i ..-........~..,. ,:. ~../\~" ./ , ,;,....---,.!,~ '.0... :1:: ( . --II- I l ,-.'<' ~., 102"'_._ ..' ..." #l ~, ' : '.'Sr-J _ ..., -..J ......" ~ ..sr AVI. .. , 1-' . \\, .. , ~: In"" M't. - , ~ ... ' r ~ 'i I6&TM AVI:. NW ...TM 4vt. NW 'il ----.., Ii I , .'! \ Ii ;1' l~ ;-; \ ' ':-'T ' : ! --.: I -~ --.: ' 'iI ,; . ( , ' ,- \. : , '1'=---" i :--;" r. , ' II'~ 1 :1.7'; IiI j I _ j_'" . I kl ,,-,-IJI\ ! I I II ' ! . ~. , ! -:-- Iii F:;;i II; - ,','- '1 /1, i!I::?'~')- --..~L<j: ~ ';'~~,t-t' 'i ~- -1'.- ~.: : . ~:.+.:':j , , !I~'I ~ .~:. I. :'" III~;{' /o~"$1 .J l777i'/l7f"f"J.:'~ -,: ~~); I' / :11 ~ ~...."" )..0' ~ \ : ;1'1 l~. J.... ,'k, I I II \ ~) >../ :/ ~\\ : ~L I: r -'J \ \, ; ./ ' "', ~~ ). ~l'" !, : C \ l ~y /J.~ I" ..\ '<:"\ ". "I' (~\ L h< S '~:.:J' J _______, " ""-'~ ",-:, CJ .~ _"" _ __ _' ( \J o~ .'n - 0 - .- " , ~: \-, y' " ~....- ...",.... ow I Mnt A\IL - ~i; )11 ~m - ow J3111 _m - - ~ .;.. I .0 eoTM .a. - !'U l;<t ~ ,:10: : I ~ ",T. ... - ~~ -,;l .rJ;QlItOlNL'" .. .J :>:::0 ..<( ~ :l: !"........,....- .. 0 2' :;~ . ,_.IStSl MfC ... i . .."....~. .. ~.::~.:- ;~~':-:-.o' .'~ -~~ ~. . ~j.' ..:;: .;5;i!{ ... ..~.o~. ~". :" , .. .....-. .. '\ ;... ... , . r- . ~_..:._: -- .....; i. ~. t .~. ~ .- . , : :.-. ....-. . ~mf . ~ .G'i /. ; ...&: 1 '~_r: l' .: I . -..,.- / I o' I ,'I . .;.t ., ~ , I ~ ,..... I . . r I , ..,. , ti. - '" ,~ ~ &." I I ..... .. 1. (,','fl. ~": ~- ... -. .-=- ~ .=:-~. I ::1110 ~~ "'!~ j , .1_..:,..;0.... -:-.'f-'.~' f 1~1~:~::'~: . '.~::(: ,i4,.; . (:) .. (J.) .".~/~... ;.c- _ ;,.~ - "/ ,. "' ~. #("Y' ~ ~...fV t. - ~r '~. 'i) \.;:~, ,... CITY of ANDOVER VARIANCE REQUEST FORM Property Address j _<;- ~ d. s- ~ "A : r . ~ ~cd Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addition $0:... .47f~~LJ Le.4~1 S Plat Parcel PIN d'l 3 d. ~ '-f :J :l c' 0 () r (If metes and bounds, attach the complete legal) ----------------------------------------------------------------- Description of Request ....R Q.1'~ (0,.. So J \) 4-..... .. AJJ C ~ ~ .J' W : do. (~, ~ r 3 C' CI' M' ,.J. Lt/T-:. .s :;) Y 6' r b~ LeI w:.11O:... ~ '-'- '"l,-~ If I-f.. : ~ h ~ ,'~., <J ~ . Specific Hardship .<J ,J ' ~ c ')( . , J 6'",~ ...; c.' "- ~ ~, c:- ~cC' d ~ba.r" 6 c;:. \ c t- c..... 'Pu_r<:.J<. \. .d ~...Mci:' A. \\~~ ~ ~ ~ ..w. _ t'\"1.', "'- i.UJ- i-.J\J..4-L ~.'I''>'_.'~ Section of Ordinance ~. D 4- Current Zoning ~ I ~:::-:;-~~~~~:::~-~:~~;:-~--:~-~--2~:~::----~:::;~~~-i~---- Address ! 0 9.A. '- /6' (s -;- ,1~ 1:..... Ll, (\.., . Home Phone '-( '3 'f -::5 :J ~ .(, Business Phone y'3 Y - ~ { Cj I Signature C/.p-; ti. --s- "".:}-/ Date:-:;- '-do S- ~ C; 6 --------------------,-------------------------------------------- Property Owner (F~e Owner) (If different from above) ~S4..y\ ~ Address Home Phone Business Phone Signature Date ----------------------------------------------------------------- VARIANCE PAGE 2 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: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within lOO feet. 2. Application Fee: Single Family ~~ ~ Other Requests - ~ ~ W4;-' Receipt t ()>> t3~ Date Paid Rev. l-07-92:d'A S-23-94:bh Res. l79-9l (ll-OS-9l) CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission, and: l. If the request is in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. EXHIBIT A The land referred to is situated in the State of Minnesota, County of Anoka and is described as follows: That part of the Northwest Quarter of Section 24, Township 32, Range 24, described as beginning at a point on the West line of said Northwest Quarter distant 700.46 feet North of the Southwest corner thereof; thence continuing North along said West line a distance of 246.24 feet; thence at right angles East a distance of 650.15 feet; thence Northerly at right angles 335 feet; thence Easterly at right angles 200 feet; thence Southerly at right angles 335 feet; thence Easterly at right angles 341.57 feet; thence Southerly at right angles to an intersection with a line drawn Easterly and parallel with the South line of said Northwest Quarter from the point of beginning; thence Westerly along said parallell line to the point of beginning, according to the United States Government Survey thereof and situate in Anoka County , Minnesota. ABSTRACT PROPERTY 15425 prairie Road, Andover, Minnesota ~ Regular Andover Planning and Zoning Commission Meeting ~inutes - June 13, 1995 ~e 7 (Public Hearing: Lot Split/Variance-Underclift St., Continued) R-4 zone, but variances are being requested because of the current R-3 zone. If and when the City's Comprehensive Plan is approved, all urban areas will be rezoned to the same district. Mr. Carlberg stated the other option would be to rezone this one lot to R-4. The reason it is being presented as a lot split/variance is because a very similar process was done in 1991 to a parcel about a block north on 143rd and Vintage. That one could not be rezoned because it would be considered spot zoning. The City's intent was to allow this lot, which is one of the larger ones in the,subdivision, to be split, as utilities are provided for a second parcel. Staff is recommending approval of the request with conditions. / MOTION by Jovanovich, Seconded by ~dtke, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Apel) vote. 8:25 p.m. Commissioner Peek noted a pattern of 100' x 150' lots in the area. He asked the applicant it she would be willing to move the lot line 10 feet to the north so the width for the proposed lot would be 100 feet. Then a variance would not be required for lot width. , iirlev LeFebvre - did not have a problem with the suggestion. \ MOTION by Peek, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Apel) vote. 8:29 p.m. MOTION by peek, Seconded by Doucette, to forward the attached Resolution on to the,/City Council with the recommendation for approval with the added c ndition that the lot width to the southern property be adjusted from 9 feet to 100 feet. Motion carried on a 5-Yes, 1-No (Squires as he f t a better process would be-tO-r-ezone~e]?arcel), 1-Absent <Apel) vo This wil cea-on-the July 5, 1995, City Council agenda. VARIANCE - LOT WIDTH AT FRONT SETBACK LINE, 15425 PRAIRIE ROAD - DURWOOD AND LORNA SAGVOLD Mr. Carlberg reviewed the request of Durwood and Loran Sagvold for a variance on lot width at 15425 Prairie Road. The parcel is 260 feet wide, and the ordinance requires a width of at least 300 feet as measured at the front setback line. There are existing lots with houses on either side of the parcel, so there is no ability to add to the lot width. The lot is seven acres and all other requirements will be met. The Sagvold's are also moving the interior lot line of the partel, which will be handled by Staff and recorded with the county. Staff is ;ecommending approval. MOTION by Peek, Seconded by Luedtke, to forward the attached Resolution to the Council with the recommendation for approval. Motion carried on a 6-Yes, 1-Absent (Apel) vote. This will be placed on the July 5, 1995, City Council agenda. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 5, 1995 DATE Richard Fursman City Administrator APPROVED FOR AGENDA AGENDA t\O. ~~nON ORIGINATING DEPARTMENT ITEM t\O. Purchase of Best Auto v ./0_ The Andover Economic Development Authority is requested to consider the purchase of Best Auto Parts from Terance and Lori Richardson. The terms and conditions of the purchase are described in the attached purchase agreement. The proposed agreement is nearly identical to the one used for the Sandeen property (Gun Shop). The price negotiated for the yard is $410,000. The price originally requested was $575,000. ) EDA ACTION REQUESTED: Authorize EDA president and Executive Director to execute agreement. Approve purchase. NOTE: It was requested that the Sandeen property be tested again for hazardous material. The test was completed and the results were negative. No contamination was found. Willanother test be required for this purchase? \ ) MOTION BY: SECOND BY: ..~ I , i I : I I i I I -' I I I I rtl/ a tj ~. en fIIIta ~ ~. n ..... LIII \' \~ \ \ I ~\I\\\o.,\1 \ \ \ I \ ~ L i -'~ :I~ I! , ~I:, i~ I I ~ \1 ~ Ii , ; i / r, \ , . I \_/-< , \ r-. I ; '\ 1~:i'l " '- , ~ ..../'--------7 '-.., I , , , ! O"'I~" ~ W Nl--' . . . . . . >~I:nt;;>:;: = ~. CJ (j ~ 0 ::;......:l\l1<3 oC"c...~ <:~~.. en r? ~ ~ ~ u ::: .. v / I ,. z__ I HAAJ.fON Blvd. PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Agreement") is made and effective as of , 1995, by and between Terance R. Richardson and Lori Ann Richardson ("Sellers") and the Andover Economic Development Authority, a body corporate and politic ("Buyer"). RECITALS: WHEREAS, the Buyer is desirous of purchasing property owned by the Sellers within the Andover Tax Increment Financing District No. 1-1 for the purpose of redevelopment; and WHEREAS, the Sellers have agreed to sell certain property that they own within said Financing District. NOW, THEREFORE, in consideration of the amount of One ($1.00) Dollar paid by Buyer to Sellers, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the foregoing Recitals, the mutual promises of the parties hereto and the mutual benefits to be gained by the performance hereof, Sellers and Buyer agree as follows: 1. Sale. Subject to the terms, conditions, covenants and provisions of this Agreement, Sellers agree to sell to Buyer, and Buyer agrees to purchase from Sellers, the real property located in Anoka County, Minnesota, legally described as: West 550 feet of Lot 1, Watt's Garden Acres (hereinafter referred to as the "Property"). 2. Purchase Price. In consideration of the transfer of the Property to " Buyer described in Paragraph 1, Buyer shall pay the sum of Four Hundred Ten Thousand and nol100 ($410,000.00) Dollars. Said amount shall be paid as follows: -1- (a) Five Thousand and no/100 ($5,000.00) Dollars earnest money, which shall be deposited and remain in the trust account of the Sellers' attorney until closing; (b) Four Hundred Five Thousand and no!100 ($405,000.00) Dollars on or before the Date of Closing; 3. Marketable Title. Subject to the full performance by Buyer, Sellers agree to execute and deliver or cause to be delivered a Warranty Deed and any other documents necessary to fulfill the terms of this Agreement. The Warranty Deed shall convey marketable title to the Property, subject to the following exceptions: (a) Laws, ordinances and State and Federal regulations; (b) Restrictions relating to use or improvement of premises without effective forfeiture provision; and (c) Reservation of any minerals or mineral rights to the State of Minnesota. 4. Real Estate Taxes and Special Assessments. Sellers shall pay the real estate taxes due in the year 1994 and prior years. The parties agree that the real estate taxes due and payable in the year 1995 shall be prorated to the date of closing. Buyer shall pay all of the real estate taxes due of all years thereafter. Sellers shall each pay all levied and pending special assessments due against the Property at the Date of Closing. 5. Title. (a) Commitment or Abstract. Sellers shall, within a reasonable period of time after approval of this Agreement, furnish Buyer with one of the following, at Sellers' sole discretion: (i) a Commitment for the issuance of an AL T A owner's policy of title insurance issued by a title insurance company licensed to do business in the State of Minnesota ("Title Company") in the full amount of the Purchase Price (the "Commitment"); (ii) an Abstract of Title; or (iii) a Registered Property Abstract. I -2- (b) Examination of Title: Obiection: Sellers' Election. Buyer shall be allowed twenty (20) day~ after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, Sellers shall have ten (10) business days following receipt of Buyer's title objections to either elect to: (i) proceed to make the title marketable or (ii) terminate this Agreement. Sellers shall notify Buyer of its election in writing prior to the expiration of such ten-day period. In the event Sellers elect to terminate this Agreement, Buyer shall execute and deliver to Sellers a quit claim deed for the Property in favor of Sellers in exchange for return of its earnest money within ten (10) days after receiving the termination notice. Thereafter, the parties shall have no further obligations under this Purchase Agreement. (c) Title Not Made Marketable. If said title is not marketable and is not made so within one hundred twenty (120) days from the date of written objections thereto as above provided, Buyer, at its option, may: (i) Declare this Agreement null and void, in which event: (a) Sellers shall promptly thereafter refund to Buyer the Earnest Money; (b) Buyer shall execute and deliver to Sellers a quit claim deed for the Property in favor of Sellers within ten (10) days from the expiration of the one hundred twe,lty (120) day period; and (c) Buyer shall have no further remedies or causes of action against Sellers; or (ii) Waive the objection to marketability of title and proceed to closing. (d) Title Made or Found Marketable. If the title to the Property is found to be marketable or is so made within said one hundred twenty (120) day period, and Buyer shall default in any of the agreements and continue in default for a period of ten (10) days, then and in that case the Sellers may, at its option, terminate this Agreement and on such termination all the payments made upon this contract shall be retained by said Sellers, as liquidated damages, or enforce any of Sellers' remedies as described in this Agreement, time being of the essence hereof. 6. Continaencies. This Purchase Agreement is contingent upon the following items: (a) Acceptance of this Purchase Agreement by the Andover Economic Development Authority; -3- (b) Buyer obtaining, at Buyer's expense, soil tests which indicate that the Property may b~ improved without extraordinary building methods or costs; (c) Buyer obtaining, at Buyer's expense, percolation tests which are acceptable to Buyer; (d) Sellers removing all equipment, office furniture, automobiles, and all other personal property located upon the premises prior to the Date of Closing; (e) Termination of all leases with tenants who are currently occupying all or part of the property prior to the Date of Closing and such tenants having vacated said premises prior to such date. In the event anyone of the above contingencies have not been satisfied on the Date of Closing, this Agreement shall be voidable at the option of the Buyer. 7. Default. (a) Default bv Sellers. In the event that Sellers should fail to consummate the transactions contemplated herein for any reason, except for a default by Buyer, Buyer may: \ / (i) Terminate this Agreement, in which event the earnest money shall forthwith be returned to Buyer; or (ii) Enforce the specific performance of this Agreement and, in such action, shall have the right to recover damages suffered by Buyer by reason of the delay in the acquisition of the property provided that such action is commenced within six (6) months of the date of this Agreement; or (iii) Bring suit for damages for breach of this Agreement. No delay or omission in the exercise of any right or remedy accruing to Buyer upon any breach by Sellers under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by Buyer of any condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained. All rights, powers, j -4- options or remedies afforded to Buyer either hereunder or by law shall be cumulative and not alternative, and the exercise of one right, power, option or remedy shall not bar other rights, powers, options or remedies allowed herein or by law. (b) Default bv Buver. In the event that Buyer should fail to consummate the transactions contemplated herein for any reason, except for a default by Sellers, Sellers may: (i) Enforce the specific performance of this Agreement and, in such action, shall have the right to recover damages suffered by Sellers by reason of the delay in the sale of the Property; or (ii) Bring suit for damages for breach of this Agreement; or (iii) Cancel this Purchase Agreement and retain the earnest money. No delay or omission in the exercise of any right or remedy accruing to Sellers upon any breach by Buyer under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by Sellers of any condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained. All rights, powers, options or remedies afforded to Sellers either hereunder or by law shall be cumulative and not alternative, and the exercise of one right, power, option or remedy shall not bar other rights, powers, options or remedies allowed herein or by law. 8. Miscellaneous. (a) Notice: Deliverv. Any notice given under this Agreement shall be deemed given on the date the same is hand delivered to the following addresses or is deposited in the United States mail, registered or certified, postage prepaid, addressed as follows: To Sellers: Terance R. Richardson Lori Ann Richardson 1958 Bunker Lake Boulevard NW Andover, MN 55304 To Buyer: Andover Economic Development Authority 1685 Crosstown Blvd Andover, MN 55304 I -5- All documents to be delivered shall be delivered to the above addresses. (b) Interoretation. All previous negotiations and understandings between the parties or their respective agents and employees, with respect to the transactions set forth herein are merged in this Agreement which alone fully and completely expresses the parties' rights, duties and obligations; and this Agreement constitutes the entire understanding between the parties. This Agreement may be amended or modified only in writing signed by both parties. All conditions precedent to Sellers' performance hereunder and all options in favor of Sellers hereunder to terminate this Agreement are for the sole benefit of Sellers and, as such, may be unilaterally waived by Sellers. That this sale was made under the threat of eminent domain by the City of Andover in the event acquisition was not accomplished through negotiation. (c) Headings. The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof. (d) Assianment. Neither party may assign its rights and interest in this Agreement without the prior written consent of the other party. (e) Time. Time shall be of the essence hereof. (f) Governina Law. This Agreement and all documents executed in connection herewith or pursuant to the terms hereof shall be governed by and construed in accordance with the provisions of the laws of the State of Minnesota. (g) Counteroarts. This Agreement and any amendments to this Agreement may be executed in counterparts, each of which shall be fully effective and all of which together shall constitute one and the same instrument. (h) Third Partv Beneficiarv. There are no third party beneficiaries of this Agreement, intended or otherwise. (i) No Joint Venture. Sellers, by entering into this Agreement and consummating the transactions contemplated hereby, shall not be considered a partner or joint venturer of Buyer. (j) Severabilitv. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. / -6- 9. Closing. The closing on the sale of the conveyance of the Property from I Sellers to Buyer shall take plate on August 1, 1995 or such other time as the parties may agree. 10. Place of Closina. The closing shall be held at the offices of William G, Hawkins, 299 Coon Rapids Boulevard, Suite 101, Coon Rapids, Minnesota. 11. Relocation Benefits. Sellers waive any and all rights they may have for relocation benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Minnesota Statute ~ 117 or any other similar laws which may grant to Sellers such rights for reimbursement of relocation costs from the Buyer. It is agreed that the compensation set out herein for the purchase of such property includes any and all relocation benefits Sellers may be entitled to receive. Furthermore, Sellers shall be responsible for payment of any relocation benefits under said laws which may be due tenants that are leasing any portion of the property. Sellers agree to pay and indemnify Buyer from any such claims for any relocation benefits claimed by. such tenants under the Uniform Relocation Assistance laws, Minnesota Statute ~ 117 or any other similar act granting tenants the right for such claims. Sellers shall provide, at closing, a waiver or satisfaction of all relocation benefits by any tenants currently on the property at the time of closing. 12. Salvaae Riahts. The Sellers shall have the right to remove from the property prior to the Date of Closing any building materials, wiring, plumbing fixtures, or anything that would be deemed to be a fixture or part of the real property. Sellers agree in removing such fixtures to not damage the structure in such a fashion that it will increase any costs to the Buyer in removing the structures from the property following the Date of Closing. / -7- 13. Hazardous Substances. Sellers represent, warrant and covenant that to the best of their knowledge the mortgaged property has not been used or involved in the release, handling, storage, or disposal of hazardous substances. For purposes of this Purchase Agreement, hazardous substance means: (a) hazardous waste, toxic substances, polychlorinated bithenyls, asbestos or related materials, petroleum, including crude oil or any fraction thereof, natural gas, natural gas liquids, Iiquified natural gas, synthetic gas usable for fuel or mixtures thereof; (b) substances defined as hazardous substances, or toxic substances in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 USC ~ 9602, Hazardous Materials Transportation Act 42 USC ~ 6901, Toxic Substance Control Act, 15 USC ~ 2602, or any hazardous substance, hazardous waste, pollutant or contaminant in the Environmental Response and Liability Act, Minnesota Statute ~ 115B.01, and (c) any other hazardous substance, hazardous waste, pollutant, contaminant, or toxic substance the release, handling, storage or disposal of which is regulated or governed by any law, regulation, code ordinance now existing. IN WITNESS WHEREOF, the parties hereto have set their respective hands as of the effective date first written above. SELLERS: TERANCE R. RICHARDSON LORI ANN RICHARDSON By Terance R. Richardson By Lori Ann Richardson / -8- BUYER: ANDOVER ECONOMIC DEVELOPMENT AUTHORITY -9- By J. E. McKelvey, President By Richard F. Fursman Executive Director CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE ot:ll:y S, 1995 AGENDA t-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA staff Richard Fursman city Administrator BY'w ITEM t-O. Contract with Computer Consultant Il The City Council directed staff to bring a contract for computer consulting services at the June 6th meeting. It was established at the June 6th meeting that the present system is failing at such a rapid rate that it is considered broken. Staff indicated at the meeting that a funding source would be identified before proceeding with the contract. '\ j Funding Source: Present home construction will provide the City with a slightly higher than budgeted amount for building fees. In addition to the home building, it is estimated that $50,000 will be generated in building fees from the school district permits. Staff suggests that this money be used for the first phase of the computer upgrade. A complete budget outlook cannot be developed until a system solution is recommended. At that time, a complete budget will be presented for Council consideration. COUNCIL ACTION REQUESTED: Enter into contract with Mark Smith provided that the terms are acceptable. Direct consultant and staff to prepare computer package suggestions for council consideration. i SUPERIOR ~ COMPUTER S Y S T EMS 7424 Washington Avenue South Eden Prairie, Minnesota 55344-3704, USA Fax: (612) 942-8718 Mark G. Smith President (612) 942-8717 Ex!. 31 '\ J PROVIDING COMPLETE COMPUTER SOLUTIONS I MOTION BY: SECOND BY: JUN-29-1995 15:17 SUPERIOR COMPUTERS P.ell/ell supnnlOR June 29, 1995 ~ COMPl:TBR S Y 15 T B M S PROVIDING COMPLETE COMPUTER SOLUTIONS Richard Fursman City of Andover via facsimile 755-8923 Dear Dick~ Following is my understanding of our discussion of the other day regarding consulting services tor cne C1Cy of Andover. . The City of Andover would like to retain Mark Smith of Superior Computer systems to provide consulting services on the user requirements, design requirements, design recommendations, implementation recommendations and project management for a new computer and voice mail system, . Superior Computer would provide these consulting services for $:1,.25 per hour paid monthly for a period of 12 months. The contract would be renewable after the 12 month period should both parties desire. . The first phase of this project would be to provide the City with a project "roadmap" of the project at the August :I., :1,.9515 City Council meeting. . The scope of the project includes recommendations on computer hardware, software, in~tal1ation, support, software development, and training. If you have any questions on this, please contact me. ~ ~k-skd Superior Computer 7424 WASHINGTON AVENUE SOUTH . EDEN PRAIRIE, MN 55344-3704 · (612) 942.8717 · FAX (612) 942.8718 TOTAL P.131 rl ~,. I Regular Andover City Council Meeting Minutes - June 6, 1995 j Page 9 COMPUTER PRESENTATION/SUPERIOR COMPUTERS Mark Smith, Superior Computers, addressed the Council on the reasons for addressing a new computer system -- listing of Staff goals, how a computer system can help attain those goals, the concerns with the existing systems, why it can be beneficial to change now, and a proposed action plan. It is felt a phased-in approach would be better than a totally new system if or when moving into a new City Hall. The existing system has many concerns, including a considerable number Ot failures per day. If retained, he would look at what the dollars would be for a new system and look at the software needed. The goal would be to keep the cost as low as possible. Mr. Fursman stated Staff does not have the time nor the expertise to do this on their own and make a recommendation on what is needed. That needs to be done by a consultant. Mr. Smith has worked for about three months at no cost. He is asking for approval to negotiate a contractual arrangement with Mr. Smith. Acting Mayor Jacobson also wanted to know the hourly rate for the contract, the qualifications of the firm, and why is the existing system fails so much. Mr. Smith explained the existing system is no longer manufactured and the software no longer has support. Because of that, the City has the " ability to start at ground zero and look at what is best for the City in I the long run. There are different ways to approach the contract, either hourly or per job. He has not had any conversations about that. Mr. Fursman stated he would bring a contractual proposal back to the Council .~ for their action. At this point he did not know where the money would 4( corne from. The Council gave verbal consent for Mr. Fursman to negotiate a contract with Mr. Smith for consulting services. Winslow Holasek - asked if all records would be placed on the new computer system, including construction plans. Mr. Fursman stated everything would eventually be put in the computer. Just how far back in the archives one will go has not yet been discussed. Mr. Holasek - was not qualified to determine the need for a new computer system. But he didn't want to see a lot of taxpayer money spent to record things that go back many years if they are rarely accessed. The things he has requested of the City have not been on computer. APPROVE PURCHASE OF UTILITIES SCADA SYSTEM MOTION by Knight, Seconded by Kunza, that we approve the purchase request of Frank Stone for the SCADA system with the bid awarded to Automatic Systems Company for $22,698.53 Motion carried on a 3-Yes, 2- Absent (Dehn, McKelvey) vote. I RESCHEDULE JULY 4TH MEETING The Council agreed to reschedule the meeting of July 4, 1995, to Wednesday, July 5, 1995. ... Regular Andover City Council Meeting Minutes - June 6, 1995 Page 8 .' "\ / (Special Use Permit/Commercial Greenhouse/16473 Valle Drive, Continued) MOTION by Kunza, Seconded by Knight, to accept the Re with the two additional conditions. (See Resolutio the Special Use Permit) Motion carried on a 3-Yes McKelvey) vote. olution as stated R098-95 granting 2-Absent (Dehn, APPROVE AMENDMENT TO ORDINANCE 53/DOG ENCLOSURES Marqaret DuPont, 3463 133rd Lane - explained she orig nally presented a petition with over 100 signatures who do not want dog enclosures placed between their homes. The Planning Commission has st ted the intent of the ordinance amendment is to keep dog enclosures out of the side yards and to get them in the back yards. The proposed 40 fee from an adjacent residential dwelling does not keep it out of her side ard. In her June 3, 1995, letter to the Mayor she is proposing 50 feet, which she believes would follow through with that intent and would satisfy at least 100 petitioners. Mr. Carlberg explained everyon was in agreement at the Planning Commission that 40 feet as propose would meet that intent. The 50-foot proposal was not mentioned at the Planning Commission meeting. There is not 40 feet between m st houses in the urban area, and he didn't understand why the propos 1 would,not work. \ The petition with Ms. DuPont's June 3 letter seems 0 be the same one presented at the beginning of the process. Ms. DuPont - stated her proposal would satisfy the etitioners. They feel they have already compromised enough by letting he dog enclosures be 10 feet from the back lot line. The proposed 40 feet from the adjacent residential dwelling does not keep them out f the side yards, which is the intent. She also felt she was treated udely and cut off at the last Planning Commission meeting. This has bee debated for four months, and the residents have compromised over and 0 ere Mr. Carlberg explained this amendment will not cover existing ke nels unless they become a nuisance. This is for the placement of ne kennels. It was felt the 40 feet would accomplish the intent, and Ms DuPont agreed at the May 23 Planning Commission Meeting. Now she is sing it must be 50 feet. Ms. DuPont - had agreed with the 40 feet at the mee ing; but then she measured her yard and found that it was 52 feet bet een her house and the neighbor's. That would allow a kennel in the s'de yard, which is what she is trying to avoid. She is asking for a c ange. After some discussion on what had taken place, the Council sugg sted the Planning Commission once again look at the item and con ider t~e 50-foot requirement. MOTION by Knight, Seconded by Kunza, to let the Pl nning and zoning Commission look at 50 feet. Motion carried on a 2-Yes, 1-No (Jacobson), 2-Absent (Dehn, McKelvey) vote. AGENDA ~ ITEM ~ /~. " I ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Julv 5. 1995 SECTION ORIGINATING DEPARTMENT Committees Richard Fursman City Administrator Appoint City Hall Citizen Advisory Committee APPROVED FOR AGENDA Of The City Council accepted the report from staff suggesting the formation of a Citizens Advisory Task Force to study New City Hall. Staff has compiled a list of individuals willing to participate in the process. The following individuals have been involved with City concerns and have shown an interest in the City Hall process: Ken Orttel: 2772 Bunker Lake Blvd. Brad Hahn: 13957 Eidelweiss street Roderick Hill: 4099 - 146th Lane Bud Holst: 4276 - 165th Avenue Ryan Hansen: 13404 Jonquil street (High School Student) Anne Marie Zielinski: High School Student) Larry Dalien: 13443 Marigold street Lynnette Barry: 14436 Xeon street Jodi Laliberte: 17280 Uplander street Teri Swartzendruber1347 140th Lane COUNCIL ACTION REQUESTED: Appoint the committee to study the spacial needs of the City and make recommendation to City Council. MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Julv 5. 1995 AGENDA r-..o. SECTION staff ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM r-..o. Richard Fursman City Administrator Ordinance 66 Amendment ~ /3, The City Council is requested to consider some type of modification to the resident forum portion of ordinance 66. Presently, the ordinance calls for resident forum at the beginning of each meeting. Recently, resident forum has lasted well into the meeting, leaving those scheduled with a long, unexpected delay. Staff suggests some type of change to enable the scheduled residents and guests the first opportunity to have their matter considered. ) Some suggestions: * Have resident forum from 6:45 - 7:00. Have the Council meeting then start promptly at 7:00. * Have resident forum following the first series of discussion items. " I MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 5, 1995 DATE Richard Fursman city Administrator APPROVED FOR AGENDA AGENDA f\O. SECl)ON . Non-D1scuss1on/Consent ORIGINATING DEPARTMENT ITEM f\O. Abate Assessment/ Heidelberger property BY: ~tul /i The City Council is requested to abate and refund any assessments to Ceicil Heidelberger identified on the attached forms (M.S. 375.192). This property was assessed for improvements on Bunker Lake Boulevard several years ago. The property is nothing more than an easement. It is undevelopable, an therefore received no benefit from the improvements. / \ ) MOTION BY: SECOND BY: Anoka County Division 01 Property Records & TaxaUon Abatement Form 7 (Rev 2/95) APPLICATION FOR ABATEMENT - SPECIAL ASSESSMENTS (M.S. 375.192) C""nty Audhor's Number For Taxes Assessed in 19-5L / and Payable in 19---9.5..- County of Anoka Please print or typeo Applicant's Name (';t-y .....F AT"Irro'UoT" Applicant's Mailing Address Applicant's Social Security Number 1685 Crosstown Boulevard NW Applicant's Telephone Number ( 61t 755 5'!)!) Andover, MN 55304 Oate of Application July 5, 1995 DESCRIPTION OF PROPERTY I Property I.D. or Parcel Number 34 32 24 31 0015 Street Address (If different than above) City or Township School District Number Andover 11 LEGAL DESCRIPTION OF PROPERTY APPLlCANrS STATEMENT OF FACTS /perty is an easement and should not have been assessed as it is unbuildable. APPLICANTS REQUEST Include fund number & amount clue lor payable lax year being abaled, no1101al principal amount Abate $61.62 payable in 1995 under Fund 1446. Applicanl's Signature Dale NOTE: Minnesota Stalutes 1988, Section 609.41, "Whoever, in making any slatemenl, oral or wrinen, which is required or authorized by law to be made as a basis 01 imposing, reducing or abating any lax or assessment, intentionally makes any statemenl as to any material matter which the maker ollhe stalemenl knows is false my be senlenced, unless otherwise provided by law, to imprisonment for no. more than one year or to payment of a fine 01 no. more than $3,000, or both: Anoka County Division 01 Property Records & Taxallon Abatement Form 7 (Rev 2195) APPLICATION FOR ABATEMENT - SPECIAL ASSESSMENTS (M.S. 375.192) C~"nty Auditor's Number For Taxes Assessed in 19-2.L I and Payable in 19~ County of Anoka Please print or type. Applicant's Name City of Andover Applicant's Mailing Address 1685 Crosstown Boulevard N.W. Applicant's Social Security Number Andover. MN 55304 Applicant's Telephone Number (612 I 755-5100 Date 01 Application July 5. 1995 DESCRIPnON OF PROPERTY I Property 1.0. or Parcel Number 34 32 24 31 0018 Street Address (If different than above) City or Township School District Number Andover 11 LEGAL DESCRIPnON OF PROPERTY APPLICANT'S STATEMENT OF FACTS '?erty is an easement and should not have been assessed as it is unbuildable. APPLICANT'S REQUEST Include fund number & amount clue for payable tax year being abated, not total principal amounto Abate $65.49 payable in 1995 under Fund 1446. Applicant's Signature Date NOTE: Minnesota Statutes 1988, Section 609.41, "Whoever, in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing or abating any tax or assessment, intentionally makes any statement as to any material maner which the maker 01 the statement knows is false my be sentenced, unless otherwise provided by law, to imprisonment lor not more than one year or to payment 01 a fine of not more than $3,000, or both.' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 5, 1995 AGENDA I\Q SECTION DATE ORIGINATING DEPARTMENT scott.Eric~son ht Engl.neerl.ng QJ APPROVED FOR AGENDA Non-Discussion/Consent Items ITEM I\Q BY: Approve Joint Powers Agreement w/Oak Grove/95-11/181st Ave. IS. / The City council is requested to approve the attached joint powers agreement with the city of Oak Grove for the proposed street improvements of 181st Avenue NW west of Tulip street extending approximately one-half mile. A petition was received and the feasability report ordered at the June 20, 1995, Council meeting (Project 95-11). As this would be a joint project with the City of Oak Grove, the joint powers agreement identifies Oak Grove as the lead agency and the consulting firm of MSA Consulting Engineers as the engineers for the project. MSA will prepare the engineering reports for the project. The project will following the requirements outlined in Minnesota statutes 429 and follow the required assessment procedures. , ) MOTION BY: SECOND BY: : M~ fO\SnmG [\GI\EERS Suite 225 5075 Wayzolo Blvd. Minneapolis, MN 55416 612.546.0432 1.800.854-4174 Fox: 612.544-6398 CIVil ENGINEERING ENVIRONMENTAL MUNICIPAL MNNING / SOLID WASTE STRUCTURAL SURVEYING TRAfFIC TRANSPORTATION ELECTRICAL/MECHANICAL ENGINEERING' HVAC POWER DISTRIBUTION SCADA SYSTEM CONTROlS OFFICES IN: j MINNEAPOLIS PRIOR LAKE ST. PAUL WASECA - June 23, 1995 ~ECE:IVEn JUN 2 6 1995 CITy (J,. f-IrvUOVER File No: 900-020-00 Mayor and City Council City of Andover 1685 Crosstown Blvd., N.W. Andover, Minnesota 55304 RE: ENGINEERING SERVICES ROAD IMPROVEMENTS 181ST AVENUE N.W. FROM TULIP STREET TO DEAD END Honorable Mayor and City Council: The City Administrator of Oak Grove and the Department of Public Works/City Engineer of Andover have requested we prepare this letter outlining our costs and a project schedule which will meet all legal requirements under State Statute 429 for improving the above road. As Consultant City Engineer for the City of Oak Grove, as you are aware 100% of the benefitted properties in Andover and 42 % in Oak Grove petitioned for road improvements. We would propose to look at two options with the feasibility study meeting Oak Grove Standards; rural design (with ditches) 2-12' travel lanes and a 4' shoulder on each side, or an urban design (with bituminous curb), 32 foot wide; and one option meeting Andover standards; urban design (with bituminous curb), 24 foot wide. We have estimated costs at around $100,000 for construction. This assumes no storm sewer piping easement acquisition, or wetland mitigation. Our estimated costs would be as follows, based on the $100,000 construction estimate and a standard engineering fee curve: Feasibility study Construction plans and specs Construction administration Construction staking and inspection Prepare assessment roll $1,500 6,500 2,000 8,000 1,000 Estimated total engineering $19,000 The engineering costs could change depending on what construction costs the feasibility study identifies. 900/020-230 l,)UN An Equal Opportunity Employer Engineering Services-Road Improvements June 23, 1995 Page Two The following schedule provides both cities with the ability to address its own property owners through the 429 process at regularly scheduled city council meetings. The project could be expedited to start construction in 1995 if special council meetings are called. We would appreciate some direction from each city if they wish to explore speeding up the process. We believe that there is some cost saving advantage to the bidding the project over the winter months. Moreover, wet weather in the fall could cause delays which might leave the project partially complete if it is started this year. FSTTM A TEn SrHEnTrr .F Oak Grove city council approves cooperative agreement and authorized feasibility study. June 26, 1995 I Andover city council approves cooperative agreement and authorized feasibility study. July 5, 1995 Oak Grove city council accepts feasibility study and orders neighborhood meeting. July 31, 1995 Andover city council accepts feasibility study and orders neighborhood meeting. August 1, 1995 Joint city neighborhood meeting August 16, 1995 Oak Grove city council authorizes preparation of plans and specifications and bidding of project. August 28, 1995 Andover city council authorizes preparation of plans and specifications and bidding of project. September 5, 1995 Bids received by Oak Grove City council orders public improvement and assessment hearings. November 27, 1995 Bids received by Andover City council orders public improvement and assessment hearings. December 5, 1995 900/020-2301.JUN Engineering Services-Road Improvements June 23, 1995 Page Three Public improvement and assessment hearing in Oak Grove. January 8, 1996 Public improvement and assessment hearing in Andover. January 2, 1996 A ward construction contract after 30 day appeal period (Oak Grove as lead agency). February 12, 1996 Construction start May, 1996 Construction fInish July, 1996 Sincerely, MSA, CONSULTING ENGINEERS -C~0f\f\. ~ S lV\~ arv--. Thomas J. Madigan, P.E. Consultant City Engineer City of Oak Grove TJM:bs 9001020.2301.JUN JUI..-Lj-~~ 'Nt!! lJ:U'/ .~M ~.n 'J~ UJ\i IJKUvt f.'1A l\V, VI.. IJJ Ul.ll " . tn 19JOO~e ~tNW CeJar, ~esola sson 1eIe~(612) 753-192) RJx (612) 753-6271 !'AX TRAJlSKI'l"lAL SHEB'1' No. of PagAS Includinq This Page TO: ,2.(1;cC ~ VLL Fax No.: '155 ~Cj (...3 DATi: 6 -2 7- r5 !'ROM: ~~ Telephone No.: 753 /'72.() -b~~~t;~. . PLEASE CALL (612) 753-1920 IF YOU DO NOT RECEIVE 'l'lfIS COMPLE'1'E TRANSMITTAL. I .~ JUI\-:LI-~J \'IH lJ:Ub!lM ~.n 'Jt UPd, iJKUn f!\A av. UII. IJJ VLII '. .. ./ JOINT POWERS AGREEMENT BETWEEN OAK GROVE AND ANDOVER THIS AGREEMENT, mwe this _ day of -' 1995, between the Cities or Oak Grove and Andover, both situated in Anoka County, Minnesota. through action ofthe City Council of each City. RECITALS Oak Grove and Andover share a common border along the southerly corporate limits of Oak Grove and the northerly corporate Unlits of Andover. A portion of Baid common border known as 181st Avenue NW is unimproved and extends for approximate- Iy one-half mile. Both Cities have been petitioned under Minnesota Statutes 429 to improve 181st AvenueNWwest of Tulip StreetNW and it is the desire of both Cities to jointly cause said improvement. It is the purpose oithis Agreement to implement certain portions of that overall project and to provide for ongoing maintenance and snowplowing of said road, as hereinafter described, pursuant to the provisions ofMinno:sota Statutes, 471.59, commonly known as the Minnesota Joint Powers Act. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Specific Proiect. The project contemplated by this Agreement consists of improvement of 181st Avenue NW west ofTulip Street NW extending approximately one-half mile. 2. Construction. Construction shall be done In the follOwing JI18,IlIler; Oak JU~-LI-~~ ~tV IJ.Uj ~~ v.ll vr Ufi~ u~Uit J.'.''\A .L\V, Ul to '.J,J VL.I.L J Oak Grove/Andover ] oint Powers Agreement Page Two Grove shall be responsible for implementing any rcqt1ired feasibility ltudies, engineering and design work, bidding procedure., selection of contractor and/or award of bid, and supervi!lion of constnIction subject to concurrence by the City of Andover. Following the preparation of plans and specifications, and prior ta advertisement for bids, the proposed road design shall be submitted to Andover, and the project shall not proceed funher until Andover gives written approval of road design. Andover shall Rimbursc Oak Grove for construction costs 115 follows: within 30 day. after receipt of a partial pay estimate for construction as certified by MSA Consulting Engineers, or receipt I of a bill far engineering services, legal services, publication costs, etc. in connection with the project, Andover shall remit payment of one-half thereof. Construction costs shall include all costs other than right-of-way acquisition costs, publication costs, and engineering fees. Right.or-way acquisition costs shall be thl:i seplU"llotc responsibility of each City for ne<:e.taty right-of-way acquisition within its respective corporate limits. Construction shall be deemed complete when the City Council of each City has accepted, by resolution, the construction ofthe project upon recommendation ofits City Engineer. Oak Grove shall strictly account for an funds expended and received hereunder and shall furnish an accurate, detailed report ofthc SlUIle to Andover. JUR-LI-~J nc~ IJ,UJ ~ru v.11 ~r vn~ UUVlu J Oak Grovel Andover Joint Powers Agreement Page Three 3, Sueclal Assessment Procedures In Oak Grove and Andover. It is acknowledged between the plll'ties that Oak G1'ove and Andover will utilize Minnesota Statutes, Chapter 429 to specially assess benefited properties within Oak Grove and Andover. To this end, Oak Grove will cooperate in all respects in complying with the tenns of Minnesota Statutes, Chapter 429 in preparation plans, feasibility studies, and any other required actions. Oak Grove and Andover shall be responsible for conducting Nch public hearings and implementing $Uch other procedures all may be necessary to comply with the terms or Minnesota Statutes, Chapter 429 as they relate to the project and I the Engineer shall attend said public hearings as required by Oak Grove and Andover. All costs related to specially assessing benefited properties shall be paid in full by the respective cities and included as part of the total amount assessed; such costs shall not be shared costs ofthc project. 4. Bondln2. To the extent that either Oak Grove or Andover uti&el any general obligation bonding to wholly or partially fund any portion of the costs ofthe project, both Oak Grove and Andover will endeavor to cooperate with each other in any statutory required procedures necessary to implement such bonding. Each City shall pay its separate bonding expenses, which shall not be shared costs ofthe project. JUh-LI-~:J WH' IJ: IU AM ~.ll V~ UJ\i \Jl\un f!U I\V. VII. fJJ Ul./l " J J Oak Grovel Andover Joint Powers Agreement Page Four s. Ril!:bt-or.Wav Acouisiticm, Oak Grove andoAndover each shall be separately responsible for acquiring aU right-of.way necessary to implement the project within each City's respective corporate limits. Right-of-way acquisition costs shall not be considered a part of the shared costs of the project. Total roadway right-of.way width shall be sixty.six (66) feet, thlrty-three (33) feet 011 either side of the common City boundary line. 0, MalntenRn~, . Contractor's :Sond and Guaranty. Dale Grove shall be responsible for enforcing any Contractor's bond and guaranty on the project The / costs of any such enforcement shall be paid by Oak Grove. but if any such costs are incurred, one-half of such costs shall be reimbursed to Oak Grove by Andover. . On-Going Maintenance. The project shall be rrWntainod in such a manner as to comply with on-going maintenance requirements as estabUshed by the Citieso Oak Grove and Andover shall share equally in the costs of future maintenance, subject to the condition that the governing body of each shall agree as to the need for specific items of future maintelWlce. JUI\-L/-j:l l'iH JJ.JU !U'I1 v.ll 'Jr Vftl \Jl\vn r!\A I\V. U I' ,.;.; U" I '. v Oak Grovel Andover Joint Powers Agreement Page Five . Snowplowlng. Andover shall be responSl.ole for plowing tho cection of 181st Avenue NW west of Tulip Street NW. 7. Termination of All1'eement. This Aareement shall continue during improvement of the road as herein provided. 8. Insurance, Each City shall procure and maintain general liability insurance and other appropriate fonns of insurance with respect to its responsibilities and obligations under this Agreement. 9. Hold Harmlen. Elich City shall defend, indemnify, and hold the other harmless from any and all suits, actiom, loss, damage, or expense arising out of any act of the other, its agents or employees, in the course of its responsibilities and obligations under this Agreement. 10. Notice. Any notice required or pennitted to be given under this Agreement will be sufficient if in writing and sent by registered or c~ed rnllil or hand delivered to each City at the IIddrcss set fonh below or at such other place as either City shall designate in writing by certified or registered mail City Clerk City of Oak Grove 19900 Nightingale Street NW Cedar, Minnesota 55011 City Clerk City of Andover 1685 Constance Boulevard NW Andover, Minnesota 55304 ; J lJ,II!lM v.ll 'Jf VIU IlI\VH ~::\A nv, UlL. I..J,J UL.,.L J{j'A. _"-'"' 'I --;: I l Oak Grovel Andover Joint powers Agreement Page Six IN WITNESS WIlEREOF, The parties have executed this Agreement the day and year first above written. pursuant to the provisions of Minnesota Statutes, 471.59, commonly known a the Minnesota Joint Powers Act CITY OF ANDOVER CITY OF OAK GROVE By Its Mayor Dy 1" Mayor Dy Its Oerk By Its Oerk ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Ju1v 5, 1995 AGENDA 1'0. SECTION ORIGINATING DEPARTMENT scott. Eric~son)n Eng~neenng C!JL APPROVED FOR AGENDA Non-Discussion/Consent Items ITEM 1'0. BY: Receive Feasibility Report/Order Hearing/95-10/Hawk Ridge & countryview Estates /(.. The City Council is requested to approve a resolution rece~v~ng feasibility report and calling for a public hearing on improvements of streets, project No. 95-10 in the Hawk Ridge and Countryview Estates area. / 'I / , ) MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , 1 RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION RECEIVING FEASIBILITY ON IMPROVEMENTS OF PROJECT NO. 95-10 IN THE AREA. REPORT AND CALLING PUBLIC HEARING STREETS , HAWK RIDGE & COUNTRYVIEW ESTATES WHEREAS, pursuant to Resolution No. 104-95, adopted the 20th day of June , 19 95 ,a Feasibility Report has been prepared by the City Engineer for the improvements; and WHEREAS, such report was received by the City Council on the 5th day of July , 19 95 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 291,144.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 95-10 ,for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 291,144.00 3. A public hearing shall be held on such proposed improvement on the 18th day of July , 19 95 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of July 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: victoria Volk - City Clerk " C}\ / / , CITY of ANDOVER FEASIBILITY REPORT Hawk Ridge/Countryview Estates Street Improvements project 95-10 Andover, Minnesota June 1995 I hereby certify that this report was prepared by me or under my direct super- vision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. czjfLk~ Scott Erickson, P.E. Date: June 28, 1995 Reg. No. 20833 .' J TABLE OF CONTENTS TABLE OF CONTENTS INTRODUCTION DISCUSSION PROJECT COSTS AND ASSESSMENTS CONCLUSIONS & RECOMMENDATIONS APPENDIX - COST ESTIMATES FIGURE NO. 1 - STREET CONSTRUCTION AND TYPICAL SECTIONS \ -1- Page No. 1. 2. 3. 4. 5 INTRODUCTION J The Andover City Council has requested this report to determine the feasibility of paving streets within the Hawk Ridge (l77th Lane NW, 179th Ave NW, Arrowhead St NW, Crocus St NW, Zion St NW) and Countryview Estates (177th Ave NW, Eidelweiss St NW, Gladiola st NW). The City received a petition from property owners requesting street improvements in the area. The property owners had petitioned for the project in 1987 and decided at that time not to proceed with the project. This feasibility has been revised from the previous report submitted. The streets in the area presently exist as 22 foot to 26 foot wide rural section roadways made up of a fine sand and gravel base. The proposed rural section would be 24 feet with grass shoulders and shallow existing ditches, similar to that constructed in other parts of the City recently. This section is in accordance with the City standard for temporary rural residential streets. There are no recent traffic counts available for the area. An estimate of approximately 640 vehicles for the average daily traffic count may be made assuming that 64 of the lots in the area will use one of the roads and each lot will have 10 trips daily. Soil borings have not been taken in the area. Preliminary investigation indicates a fine sand subgrade, we anticipate no additional soils investigation will be necessary prior to construction. The storm water runoff presently drains to the low areas in / and along the roadways and percolates into the soil. Existing corrugated metal pipe culverts facilitate the drainage in the ditches along the roadways. -2- DISCUSSION \ / The construction of the streets in the area will first consist of grading and shaping the roadways to the design grade and crown. Four inches of Class 5 aggregate base will then be placed over the prepared subgrade. The roadways will then be surfaced with two and one half (2 1/2) inches of Type 41 bituminous wear course. All existing driveways will be matched with gravel base and/or bituminous surfacing. The construction of ten foot long bituminous driveway aprons off the edge of the pavement is proposed for all exiting gravel driveways. Sodding with topsoil is proposed for the shoulder areas that will be disrupted due to the road construction. All other disturbed areas along the roadways will be seeded, utilizing imported topsoil. ~ -3- PROJECT COSTS AND ASSESSMENTS \ / The project costs for the street improvement are outlined in this section. The itemized cost estimates are provided in the appendix. Estimated Project Cost $291,144.00 The project costs are proposed to be assessed to the benefitting property owners adjacent to the street on a unit basis. There are 64 lots which are proposed to be assessed. The cost per unit for the improvement based on 64 assessable units is $4549.00. -4- CONCLUSIONS AND RECOMMENDATIONS \ The project as reviewed herein is feasible as it relates to general engineering principals and construction procedures. Based on information contained in this report, it is recommended that: 1. This report be adopted by the City of Andover as a guide for construction of the street improvements. 2. The City conduct a legal and fiscal review of the proposed project prior to a public hearing. 3. A public hearing be held to determine further action to be taken. The property owners adjacent to the roadway should be notified for hearing purposes. 4. The following schedule be implemented for the project: Receive Preliminary Report July 5, 1995 Hold Public Hearing July 18, 1995 Order plans & Specifications July 18, 1995 Approve Plans & Specifications Aug. 5, 1995 Bid Date Aug. 22, 1995 Award Contract Aug. 29, 1995 Start Construction Sept. 12, 1995 Complete Construction Oct. 27, 1995 \ / -5- APPENDIX STREET COST ESTIMATES .I Unit Estimated Estimated Item Unit Price Quanti ty Cost Common excavation CY 1.50 12,000 $ 18,000 Class 5 aggregate base TN 6.50 9,700 63,050 Type 41 bituminous wear course TN 22.00 5,200 114,400 Driveway replacement SY 10.00 660 6,600 Saw cut bituminous LF 2.00 300 600 Remove existing bituminous SY 2.00 340 680 15" CMP culvert L'F 25.00 890 22,250 15" CMP aprons EA 150.00 118 17,700 Sod wi th topsoil 2.00 15,000 30,000 J Seeding w/topsoil & mulch 2,000.00 2 4,000 AC Estimated Construction Costs $277,280 + 5% Contingency 13,864 Total Estimated Construction $291,144 \ I .... on ... on ... '" >- '" .... '" .... '" >- '" .... ..., ..., ~ '" a:: ..., .... .... a:; >- '" .... '" '" ~ u o a:: u '" '" ..., ~ ..., o ;:;; o .. ..., X . o a:: a:: .. ..J ~ o z o ., II: ..., X .... .. ..., X .. ..J Q o ~ CI .... '" 8 '1 ~ I ~ ~ ..J X .. o .. a:: o ..J ... " -- -- r ~ '&4-f~ r ~80'" . v " Z"f /' 11030 ~ ,r I. A b/8a:la t!I'n~ ... ""~"$8 '''$3 <:: 1_ l J1"8' ~ -'711l' . ~ ~ ~" "'"- '.oi'~ -,., 1 f - ~ ~ ~ 180l,,, ,7 " 18001, 11031 1&030 A "h. tv. "!'V \I ..., .; ~ ~ ~ .~ -? ~ ' fi''''''- ~ 4: ~ A. ~l.7 ~ ~G ~ /1750 18000 ISooI ""0 "'31 ~ ~ 2 I ~ ~ J \ ..vc 178:jO (~ ! /",." (:,. ..., , "e-.,. 178'. I ""~ ; 7 8<>0 I I - 177";N i ~ ! ~Z1)O ( t 10:: 17T?<,;?:g I ~ ~ r ~ ~ ,...... I"\^ . ^ 4 G ", q , /71<0 P"'3 ! ~ I '" , ", i: ~ " ft ., '" l11't", "'-E \.J 0 ... " .. ~' ~ ",,0 , ,'''' i ~....-'-""\. ~'C~ ~ " - - '" " ~ V " ~. ;,...o....:.J,.!. - - :,. - -- ft l J ~ ~\~... ~~ ;-- y~ ~l(- ~ .:.. "," I \ '-L,,:- \ \ ~ .~. 1 - \1137 \ Z r~: ,_ a I~ 2m \ " ., ^- '-..1.. J , /' f ' .~ Jo<w J I IH~5 I J~ 2~'" ~ -=A ... ~ j 2U' - ! ... ... ~ ... I - i ~"" 20+8 ,. . 1 1 .II .F ~ ~ .. a N t7 70 ~ 17#7 -...-:. ,.. , /7376____ :! ---:7Jlz ~ ~ r \~~~1~ ~..j '~~ ~ /~i) ~ ~,s1 ~ I c.,~~ ~ 11/~1 I .c - - 0":) /71.0 , I 171~1 27'~ ~.!' ~ \\, 1701) _~,~)! 17010 t _ r7h I~~-? 17357 263/ .. i o " r; 2bi8 -I ~ I ~ f ..... .:- ~... ~ I e I ,...- ~ " .. :; r -.1 .'701'1 ~ I Z...,.....:.... l&~ - v> >- '" .... '" - on .... '" ... '" .... .... v> '" z Z 0 ..., a: a:: ..., ~ > a: .... c:. Z <( oJ ... ~ >- v> ~ o ..J ..J <( ~ '" x '" ~ a: x z Q .... z o " ~ .. '" ~ )( z ..., > <( a: - -L.!.. ___ ____ __ _ _ ~~ '.- .-. ,.... \ .~. . > ---(: ~ ~ ~~ 1.,' II;' -. ~ Z:l.~1 ~' t ( I _>1 ~ E z r--::: I j"~ If'"'l '" \~I - ~ ...r A.... ~ ... '" .. ~ ..... j,: . ""/\/""1 I ..... I~ o ... '" '" i E I I "100 ,''?Ol g ~ z r '" /7e:so 1115' o ,,9 ,.. 11~O' J _ i I ~'" ! 1- :. ',. i 1"'$0 ~J".s' /:"1:1-3 """'" lno' I 17"8Q) ). ,7*,I ) ,''so ~ ~~, ~ e ~::;'7_ ;; ..j ,. '" . '-A "... o ., " " Ell' ~ .L'- o ... " " l~""'''' Z J.$O ~. "'"' I %~ .1700 ~ '" '" .. '" ~ J ~ .......... -...... I I z."2.~...J 1107 I~.. I II'S"" 0_"'7 Ul5 ... -...... - 'z~ IZ3'" i , ~,~ IZ'ZOo+ Z:se I lZ~1I LI 122~ 1 zzoo I ,l- )l~ Z.2.81 / ~l \' , . r .,. uo.o..../ :1 , Ub8 \;/-- ~ ~ ~ I,~l '3 . ,737' J~ r I I7Z8' \22" I 1735 , ~ ., - .... .. ., ~ '" .. ~ .. " I Z3~ 7 I Z31Q ... i,. "" 'Z.3l.Z 1 k ~ Z#7 ~:: <..: I 2.S7r~ 2,/1 12~30 r'/I 2~7~ '74. r 2~b2 /251+ 1/7330 n3"'O t- o, z.:~ 1 CS35 / Z4~ '7~ 2.'538 IU60 f- ,7Z80 1"12.30 17/7'+ P '-;v172_JO I ~ ~.~ - ~ '-' ,_ r---'\. ~ '- .... 171M ct. It 30'-33' I 30'-33' 8' IS' IS' B' 12' i 12' :1 --1" , 0.20'n, .L , .04'/" .' It 2~341 BITUMINOUS WEAR 4" CLASS 5 AGGREGATE BASE I \ lYPICAL SECTION / 'Plr'.&-.- _..__ ~:.-- ANDOVER, MINNESOTA HAWK RIDGE/COUNTRYVIEW ESTATES FIGURE 2 17156\ 17156R02.DWG JUNE 3, 1992 COMM. 17155 00 oo"'~ >1l'I~.J ....~~w ~. 8' I 10' ..f1d Sonestroo ...... Rosene S Anderlik 6- .~~ Associates EngJn"ers <I. Architects S!. Paul" Mllwauk... CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 5, 1995 DATE AGEND,,= 0 n s e~'t.Cll~tfnda NQ Non-Discussion Items ITEM NQ Transfer Funds/Reimburse/ 1986B Debt Service Fund ORIGINATING DEPARTMENT APPROVED Finance FOR AGENDA ~'" Jean D. McGann Finance Director rNp- /7, REQUEST The Andover city Council is requested to adott the attached resolution authorizing the transfer of $202, 83.00 from the Water Trunk Fund and $122,817.00 from the Sewer Trunk Fund to reimburse debt service costs paid by the 1986B Improvement debt service fund. BACKGROUND J In 1986 a bond of $2,600,000 was issued to finance improvement projects. This debt is to be repaid with a combination of special assessments and transfers from the Water and Sewer Trunk funds. At this time no transfers have occurred from the Water and Sewer Trunk Funds. By transferring the requested amount of funds, 1994 debt service costs will be funded. Transfers must also occur in 1995 and 1996 in the following amounts. WATER TRUNK FUND SEWER TRUNK FUND 1995 1996 $225,822 207,535 $137,178 126,070 TOTAL $433,357 $263,248 =====-= ======= \ , I MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -94 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS DEDICATED TO DEBT SERVICE PAYMENTS FROM THE WATER TRUNK AREA AND SEWER TRUNK AREA CONNECTION CHARGES ASSESSED WITH VARIOUS CAPITAL IMPROVEMENT PROJECTS. WHEREAS, Resolution Number R153-86 authorized the sale of bonds to finance various improvement projects including trunk sewer and water expansions and extensions. WHEREAS, water area assessments, water connection charges collected by the Water Trunk Fund, as well as sewer connection charges collected by the Sewer Trunk Fund are pledged to the retirement of the bonds sold to finance the construction costs; and WHEREAS, payments during 1994 in the amount of $290,000 for principal retirement and $59,730 for interest expense have been recorded within the 1986 Series B Debt Service Fund on behalf of the trunk water and trunk sewer funds. NOW, THEREFORE BE IT RESOLVED that a transfer from the Water Trunk Fund and Sewer Trunk Fund to the 1986 Series B Debt Service Fund in the amount of $202,183 and $122,817 respectively is authorized for the payment of April and October 1994 principal and interest obligations. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Julv 5. 1995 AGENDA I\Q SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Items Scott. Eric~son, At Eng1neenng (j) ITEM I\Q Approve Change Order #1/95-01/ Woodland Creek 5th Addition BY: /8. The City Council is requested to approve Change Order #1 in the amount of $703.50 for the Woodland Creek 5th Addition, Project 95-01. The extra work was required for the watermain, sewer and street construction. , ) ) MOTION BY: SECOND BY: , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA j RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 95-01 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, AND APPURTENANCES FOR CONSTRUCTION IN THE AREA WOODLAND CREEK 5TH ADDITION WHEREAS, the City of Andover has a contract for project No. 95-01, WOODLAND CREEK 5TH ADDITION NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project No. 95-01. MOTION seconded by Councilmember and adopted by the 5th day City Council at a regular meeting this of July , 19 95 ,with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Jack McKelvey - Mayor Victoria volk - City Clerk , t CHANGE ORDER \ J TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN June 27. 19~ Corom. No. 10888 Change Order No. -1-- To Volk Sewer and Water for Woodland Creek 5th Addition 195-011 for City of Andover. Minnesota You are hereby directed to May 2. is subject to all contract (increase) (decrease) (not Three and - - - - - - - - make the following change to your contract dated , 19~. The change and the work affected thereby stipulations and covenants. This Change Order will change) the contract sum by Seven Hundred - - - - - - - 50/100 Dollars ($ 703.50 ) . This change order provides for the following extra work: 1. The following extra work was performed to install 4" PVC utility crossing conduits for Anoka Electric Coop: Labor 4 HR @ $ 35.00 $ 140.00 892 John Deere Backhoe w/Operator 2 HR @ $130.00 $ 260.00 / 850B John Deere Dozer w/Operator 0.25 HR @ $ 90.00 $ 22.50 Compactor 0.25 HR @ $ 45.00 $ 11. 25 Markers 8' x 2" x 2" 8 EA @ $ 2.00 S 16.00 Subtotal $ 449.75 2. The following extra work was performed to trim trees within the storm sewer easement: Labor 892 John Deere Backhoe w/Operator Subtotal 0.25 HR @ $ 50.00 0.25 HR @ $130.00 $ $ $ 12.50 32.50 45.00 3. The following extra work was performed to remove peat under future roadway: Laborers 1.50 HR @ $ 35.00 $ 52.50 Foreman 0.75 HR @ $ 45.00 $ 33.75 892 John Deere Backhoe w/Operator 0.75 HR @ $130.00 $ 97.50 Subtotal $ 183.75 4. Add valve box extension to existing valve box. Valve Box Extension Subtotal 1 EA @ $25.00 s $ 25.00 25.00 TOTAL CHANGE ORDER No. 1 (Add) $ 703.50 '\ " / t CHANGE ORDER NO.1 COMMISSION NO. 10888 PAGE TWO Amount of Original Contract $ Additions approved to date (Nos. $ Deductions approved to date (Nos. $ Contract amount to date $ Amount of this Change Order (Add) (Deduct) (Not Changed) $ Revised Contract Amount $ 99.553.28 0.00 0.00 99.553.28 + 703.50 100.256.78 Owner TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED By ~??? r:r~-<t"-fJ Richard M. Odland, P.E. Approved CITY OF ANDOVER. MN By Date :~ff2' AND W;ER c- j~~~tor Date White - Owner'" Pink - Contractor'" Blue - TKDA CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Julv 5. 1995 AGENDA I\Q SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Items Scott.Eric~son, ~ EngJ.neenng fjl ITEM I\Q Approve Change Order #2/94-18/ Section 22 Trunk Sewer & Watermain /9. ~. The City Council is requested to approve Change Order #2 in the amount of $16,511.10 for the Section 22 Trunk Sewer & Watermain, Project 94-18. The extra work was required for the sanitary sewer construction. , 1 , - > \ ) MOTION BY: SECOND BY: APPROVED FOR AGENDA BY: / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *2 TO PROJECT NO. 94-18 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, AND APPURTENANCES FOR CONSTRUCTION IN THE AREA SECTION 22 TRUNK SEWER AND WATERMAIN . WHEREAS, the City of Andover has a contract for Project No. 94-18, SECTION 22 TRUNK SEWER AND WATERMAIN. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-18. MOTION seconded by Councilmember City Council at a regular meeting this and adopted by the 5th day of July , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Jack McKelvey - Mayor Victoria Volk - City Clerk \ .I / \ / \ / CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN June 27. 19~ Corom. No. 10725 Change Order No. ~ To Ryan Contracting. Inc for S...ction 22 Trunk Sewer and Watermain 194-18) for Citv of Andover. Minnesota You are hereby directed to April 18. is subject to all contract (increase) (d~Qr9A~e) (net Five Hundred Eleven and - make the following change to your contract dated , 19~. The change and the work affected thereby stipulations and covenants. This Change Order will ~I'Q"':I"'~ the contract sum by Sixteen Thousand - - - - - - - 10/100 Dollars ($ 16.511.10 ) . This change order provides for the following extra work: 1. B612 Concrete Curb and Gutter 3,069 LF @ $ 4.90 $15,038.10 2. Install Concrete Spillways 4 EA @ $200.00 $ 800.00 3. Furnish and Install 40 LF 12" CMF Culvert including Flared End Sections Materials: Labor Subtotal $393.00 $280.00 $ 673 00 TOTAL CHANGE ORDER No. 2 (Add) $16,511.10 Amount of Original Contract $ Additions approved to date (Nos. 1 $ Deductions approved to date (Nos. $ Contract amount to date $ Amount of this Change Order (Add) (gedttct) (Wet CL/I...~~d) $ Revised Contract Amount $ 584.297.40 + 18.276.67 0.00 602.574.07 +16.511 10 619.085.17 Approved CITY OF ANDOVER. MN TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Owner ~ '/11. tJdk.J) . By By Date Richard M. Odland, P.E. Approved RYAN CONTRACTING. INC White - Owner* Contractor Pink - Contractor* ;/L.;' Lf- For' R. J"'\ C v ~t- ".#'-;)7~tue - TKDA Date ') r By-h 'J DATE: July 5, 1995 ITEMS GIVEN TO THE CITY COUNCIL Planning & zoning Commission Meeting - June 13, 1995 Park and Recreation Commission Meeting - June 15, 1995 Regular Andover City Council Meeting - June 20, 1995 Special Closed City Council Meeting - June 21, 1995 Metropolitan Council Provisional population Estimate Letter from John Davidson - TKDA Public Notice from MPCA Letter from Northwest Suburban Kinship, Inc. Final Plat/Andover Center 2nd Addition (Item is) Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. METROPOLITAN COUNCIL PROVISIONAL POPULATION ESTIMATE APRIL I, 1994 City or Township: ANDOVER 1994 Housin!! Units . . ... 1994 1994 ..... I. ...... ..... . . Estimated Estimated 1990 Census .. Completed . Occupied . Housin!! Bv Tvoe Housin!! Units Housing Units ... .. Households Single-FlIII'ilv 4,305 5,829 5,712 Multifamily (incl. To\Whouse) 206 206 197 Mobile Home 8 8 8 TOTAL * 4,519 6,043 I 5,917 I I HOUSEHOLD ESTIMATE I 1990 Census Households 4,430 1994 Household Estimate 5,917 I POPULATION ESTIMATE I 1990 Census Total Population 15,216 1990 Group Quarters Population 28 1990 Population in Households 15,188 1994 Population Estimate 19,465 1994 Group Quarters Population 28 1994 Population in Households 19,437 ... ... ............ ...... ... .. ........ . . .. ". . .. / . PERSONS PER HOUSEHOLD . .' . ...../ .. 1990 Census Persons per Household 3.43 . 1994 Persons per Household 3.28 All numbers are as of April 1 of each year. * This total includes 13 units listed in "other" housing in the 1990 Census data. The Census defmes these units as those not fitting the defined housing categories, such as houseboats, railroad cars, campers and vans. Since no information on "other" units is available between censuses, for purposes of 1994 population and household estimation, these units have been allocated to the single and multiple family categories. This was done based on persons per "other" household and the ratio of single-family to multifamily housing in the jurisdiction. 1("'. (.- ~:L-'15 V c.... '--; ~ . ; TKDA TOLTZ. KING, DUVALL. ANDERSON ANO ASSOCIATES. INCORPORATEO ENGINEERS' ARCHITECTS. PLANNERS '500 PIPER JAFFRAY PLAZA .... CEDAR STREET SAINT PAUL MINNESOTA5S'.'-l!'.o PHONE:812J282-4400 FAX.:e121202-0083 June 21, 1995 Honorable Mayor and City Council ~dover,~esota Re: Regular Council Meeting and Continued Public Hearing June 20,1995 ~dover,~esota Corrunission No. 9140-959 Dear Mayor and Council Members: The following is a summary of engineering matters discussed and action taken at the Regular Council Meeting and Continued Public Hearing held Tuesday, June 20,1995. 1. Consent Agenda The Council by single motion approved consent agenda items as follows: A. Project 94-18 - Sec. 22 Trunk Sanitary Sewer and Watermain, Comm. No. 10725 The Council approved Change order No. lR in the amount of $18,276.67. The change order allowed for jacking under ~oka County Road 18 in lieu of open cut. 2. Project 93-5 - Winslow Hills 3rd Addition, Comm. No. 10365-03 - Continued Public Hearing Mr. Davidson did present the assessment work sheets dated 6/19/95*. The costs were adjusted following a City staff meeting with the developer, Mr. Holasek, and his attorney on 6/19195. The area assessed for area storm sewer costs was reduced from 26.5 acres to 24.15 acres. The reduction was based upon field survey data provided by Hy-Land Surveying, P.A. The storm sewer area assessment of $1,742.40 per acre or 4.0 cents per square foot maintained constant. Mr. Jim Neilson, Attorney represented Mr. Holasek and made a presentation. They are contesting only the area storm sewer assessment in the amount of $42,078.96. Council Action: The Council approved with a 3 yes, 2 no vote the assessment as presented by City staff. Mr. Neilson restated his assessment appeal on behalf of his client. * See attachments as presented to the City Council. . Honorable Mayor and City Council I June 21, 1995 Page 2 3. Project 94-6/94-7 - Hartfiel's1Sharon's 2nd Addition, Comm. Nos. 10640/10672 Mrs. Heil, owner of Lot 3, Block 4, Hartfiel's Estates stated her complaint related to the Bluebird Street grade being lower than her driveway and the construction of a siltation pond for the storm sewer adjacent to their property within Sharon's 2nd Addition. City staff and representatives from TKDA had offered several alternative solutions to reconstructing the concrete driveway to adjust to the street grades. None of the alternatives appeared to be satisfactory. Mr. Davidson indicated that permission in writing would be required before work could be done on their private property. Council Action: The Council directed staff to meet with the Heils to work out a solution. The meeting was adjourned at 2:00 A.M., 6-21-95. Sincerely, JLD/mha Attachments ..- (J--1-;-'j~ PUBLIC NOTICE OF THE REQUEST FOR A MAJOR MODIFICATION OF A MIXED MUNICIPAL SOLID WASTE MANAGEMENT FACILITY PERMIT Mirmesota Rules Chapters. 7000 and 7001 require public notice be prepared and issued by: Mirmesota Pollution Control Agency Ground Water and Solid Waste Division 520 Lafayette Road Saint Paul, Mirmesota 55155 Public Notice No: 95-SW-519 Public Notice Issued On: June 26, 1995 Name and Address of Applicants: Name and Location of Facility: Waste Management ofMirmesota, Inc. 10050 Naples Street Northeast Blaine, Mirmesota 55434 Waste Management-Blaine TransferfRecycling Center 10201 Xylite Street Northeast Blaine, ~1irmesota 55434 Notice: The above named applicant has requested a permit modification of an existing mixed municipal solid waste management facility in Mirmesota. If the requeste~ modification for the facility can be approved, a modified permit may be issued by the Mirmesota Pollution Control Agency (MPCA) for the remainder of the current permitting period. At least 180 calendar days prior to expiration of the existing permit, the applicant must submit a new application for reissuance of the expiring permit The Waste Management-Blaine (WM-B) TransferfRecycling Center is located in section 22, DIN, R23W, City of Blaine, Anoka County, Mirmesota. The facility is bounded on the east by Flander Street, on the south by 101st Avenue, and on the west by Radisson Road. The facility is located on a 2.5 acre parcel ofIandjust north and east of the Anoka County Airport. The facility is a mixed municipal solid waste (MSW) recycling and transfer facility. The original permit for the facility was issued by the :MPCA on December 7, 1981, to MCS Refuse, Inc. On December 22, 1992, the MPCA reissued the permit to Waste Management ofMirmesota, Inc. Part II.A. of the facility's existing permit authorized the facility to received up to 150 tons per day ofMSW, 30 tons per day of corrugated cardboard, 30 tons per day of office paper, and 30 tons per day of mixed recyclables. -2- Waste Management of Minnesota, Inc. has requested for permit modificati n to increase the permitted capacity of 150 tons ofMSW per day to 300 tons per day. aste Management ofMirmesota, Inc. is requesting the increased capacity (I) to better meet Anoka County's increased needs; (2) to make more efficient use ofWM-B and in particular, WM-B' s Anoka County route vehicles; and (3) to assist in the e imination of the excess truck traffic at the N.R.G. Elk River Facility. If the requested i rease in the incoming MSW is approved, the incoming traffic will increase from an ave age of approximately 17 vehicles to an average of34 vehicles per operating day. his will also increase the "out-bound" semi traffic from 6 to approximately 12 or 13 loa s per operating day. The increase in truck traffic at WM-B will have minimal im act given the City of Blaine's recent upgrade of 95th Avenuel101st Avenue according t Waste Management ofMirmesota, Inc. The conunissioner has made a preliminary determination to modify the pe facility, and a draft permit has been developed. Interested persons are invi written comments on the proposed permit action. The comments submitte the following information: . t for this d to submit must include 1. A statement of the person's interest in the permit application or the raft permit; 2. A statement of the action the person wished the 1-fPCA to take, incl ding specific references to sections of the draft permit that the person believes shoul be changed; and 3. The reasons supporting the person's position, stated with sufficient pecificity as to allow the Conunissioner to investigate the merits of the person's positi s. During the comment period, interested persons also may request a public i ormation meeting or a contested case hearing. A public information meeting is an i ormal meeting which the .MPCA may hold to help clarify and resolve issues. A contested ase hearing is a formal proceeding before an administrative law judge. If a person reques s a public informational meeting or contested case hearing, the comments must inclu e items 1 through 3 listed above and a statement of reasons the person desires the CA to hold a public informational meeting or contested case hearing and the issues that t e person would like the .MPCA to address at the public informational meeting or co tested case hearing. The .MPCA's review and decision on such a request shall be in ac ordance with Mirm. Rules pts. 7000.0120 and 7001.0130. Comments or requests for a public informational meeting or a contested ca e hearing must be submitted in person or by mail within 30 days after the public notice iss e date and no later than July 25, 1995. Deliver or mail all comments to: -3- Anthony Bello Minnesota Pollution Control Agency Ground Water and Solid Waste Division 520 Lafayette Road Saint Paul, Minnesota 55155 The public notice number, 95-SW-519, should appear next to the above address on the envelope and on each page of any submitted comments. All comments received within 30 days after the public notice is issued will be considered in the formulation of final determinations. If there are no requests for a public informational meeting or a contested case hearing and no unresolved comments on the proposed action, the MPCA Commissioner may make the final decision on the proposed permit action under a delegation from the MPCA Citizen's Board. Any person, however, may request that the MPCA Citizen's Board consider the permit prior to final permit action. Such requests must be made in accordance with Minn. Rules 7000.0500, subp. 6. The MPCA will make the final determination on the proposed permit action in accordance with Minn. Rules pt. 7001.0140. The proposed permit modification including special conditions, comments received and other documents are available for inspection and may be copied anytime between 9:30 a.m. and 3:30 p.m., Monday through Friday. Copies of the public notice, existing information and proposed permit conditions are available at the address shown above. If you have any questions regarding the proposed permit modification, please contact Anthony Bello at 612/296-7272. Please bring this notice to the attention of other persons whom you know would be interested in this matter. \ Northwest Suburban Kinship, Inc. 1323 Coon Rapids Boulevard · Coon Rapids, MN 55433 Lois Doody · Executive Director Office: 780-6499 (Switchboard: 755-5300) COUNCIL MEMBERS OF THE CITY OF ANDOVER MR. DAVID CARLBERG, PLANNING DIRECTOR ALL MEMBERS OF THE NORTHWEST SUBURBAN KINSHIP, INC. ESPECIALLY, KINSHIP VOLUNTEERS, YOUTH, AND THEIR FAMILIES. / TO: FROM: RE: DATE: OUR THANKS TO EACH OF YOU JUNE 31, 1995 ~3^()nN\I -In ^ll~ S6m l Z N n r "f \ EACH ONE OF US INVOLVED IN KINSHIP THANK YOU FOR YOU~~~~T TO OUR KINSHIP UNIT. WITHOUT THE SUPPORT OF THE CITIES / COUNTY, WE WOULD NOT BE ABLE TO OFFER THE SERVICES WE DO. JUST YESTERDAY, I RECEIVED TWO PHONE CALLS, AND THE PROCESS OF BRINGING NINE YOUTH INTO OUR NORTHWEST KINSHIP PROGRAM HAS BEGUN - THE YOUNGEST BEING 3 AND THE OLDEST 10. IN JANUARY 1995, WE BEGAN OFFERING ANOTHER SERVICE TO OUR PROGRAM. "THE BIRTH OF UNDERSTANDING. II A SUPPORT GROUP FOR THOSE FAMILIES THAT WANT TO JOIN TOGETHER IN HELPING EACH OTHER DEVELOP A POSITIVE FAMILY LIFE STYLE. AS YOU MAY REALIZE OUT OF FEAR, BEGINNINGS ARE SLOW, BUT PARTICIPATION IS INCREASING. ALL GOOD THINGS TAKE TIME. WE NOTICED THE NUMBER OF YOUTH FROM ANDOVER IS DOWN IN COUNT THIS YEAR. HOWEVER, THE FIGURE EXPRESSED DOES NOT INCLUDE THE TIME IT TAKES TO PROCESS THOSE WHO CALL, SET UP AN APPOINTMENT, FAIL TO KEEP THE APPOINTMENT, CALL . WITH AN APOLOGY AND RESCHEDULE, ONLY TO FAIL COMING IN ONCE AGAIN. WE DO WANT YOU TO REALIZE THAT WHEN THE NUMBERS ARE UP , REGARDLESS, OF HOW MANY, THE PRICE DUE TO OUR VOLUNTEER HOURS DOES NOT INCREASE. AND AS INDICATED ABOVE TWO PHONE CALLS MAY INCREASE OUR NUMBERS BY ADDING NINE YOUTH IN A DAY'S TIME. AGAIN. OUR THANKS FOR YOUR CONTINUED SUPPORT. WE DO APPRECIATE AND COUNT ON THE CITIES WE SERVE TO KEEP US IN A POSITION TO HELP THOSE WHO SEEK KINSHIP SERVICES. ) IN KINSHIP, \ I / t!.u+ ~ CAROLYN BECKENSTEN, PRESIDENT EXECUTIVE BOARD OF DIRECTORS. ~~ LOIS DOODY EXECUTIVE DIRECTOR.