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Home My WebLink AboutCC May 3, 1994 , ) CA." ' "" .,' ~~' '.\ ~~:';' ~\ ~, ~ 1i! ".1., "~:y ." "'~.'" . ;.,.-':;- "'~~~~:.';:":-." CITY of ANDOVER Regular City Council Meeting-May 3, 1994 Call to Order - 7:00 p.m. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Approve Revised Preliminary Plat;Woodland Creek 4th & 5th 2. Special Use Permit/Constance Evangelical Free Church 3. Special Use permit/Mining/Jim Green 4. DiscussionjVehicle Wash Establishments/SuperAmerica 5. Discussion/Bruce Lee Studio 6. Discussion/McDonald's Variance 7. Discussion/Povlitzki's Development Proposal 8. Adopt Ordinance Regulating pawnbrokers 9. Amend Ordinance 8, Section 7.03, Special Uses 10. Wittington Ridge Discussion Non-Discussion Items/Consent Agenda 11. Approve Garbage Hauler Licenses 12. Receive Petition/94-3/140th lane 13. Approve State Aid Resolution/91-22 14. Approve State Aid Resolution/91-28 15. Accept Easement/91-10/Lund 16. Accept Petition/93-18/Pine Hills Area 17. Accept Feasibility Study/93-18/Pine Hills Area 18. Request Speed StudyjUniversity Avenue 19. Accept Petition/Sharon's 2nd Addition/94-7 20. Receive March Financial Statements 21. Adopt Resolution Supporting Legislative Initiatives 22. Accept Easements/93-9/Xeon Street 23. Adopt Res./SWMCB Environment Procurement policies Mayor-Council Input Payment of Claims Adjournment CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t-O. Approval of Minutes FOR AGENDA ITEM Admin. t-O. BY: Approval of Minutes d.d. v. Volk The City Council is requested to approve the following minutes: April 14, 1994 Special Meeting April 19, 1994 Regular City Council Meeting April 19, 1994 HRA Meeting April 19, 1994 EDA Meeting I MOTION BY: SECOND BY: TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA SECTION NQ Discussion Item ORIGINATING DEPARTMENT APPROVED #' FOR AGENDA Andover Review Committe ITEM t>O. Approve Revised preliminary Plat/Woodland Creek 4th & 5th Additions 11 /. The City Council is requested to approve the revised preliminary plat of Woodland Creek 4th and 5th Additions per Ordinance 8 and 10 and all other applicable ordinances as requested by Woodland Development Company. Attached is the resolution. The Andover Review Committee (ARC) has reviewed the preliminary plat. Their comments are as follows: General Comments ) * The proposed preliminary plat is currently zoned R-4, Single Family Urban. The proposed plat is within the Metropolitan Urban Service Area (MUSA). * The proposed subdivision consists of 47 single family urban residential lots. * The developer and/or owner will be required to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Coon Creek watershed District, LGU, MPCA and any other agency which may be interested in the site). Andover Review Committee Recommendation Approve the preliminary plat as presented. Note: TKDA has a few minor corrections that will need to be made to the grading, drainage and erosion control plan prior to final plat approval along with drainage easements that need to be revised on the preliminary plat. CONTINUED MOTION BY: SECOND BY: TO: 8.02 b. c. f. J g. h. / Also a tree protection plan will need to be submitted and reviewed by the Tree Inspector. park and Recreation Commission Recommendation Park dedication has been paid in full. 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is Woodland Creek 4th and 5th Addition. d. Scale is 1" = 100' g. The preliminary plat and the grading, drainage and erosion control plan was prepared by Hakanson-Anderson Associates, Inc. of Anoka. EXISTING CONDITIONS Total acreage is 22.13. The existing zoning within 300 feet of the proposed plat has been shown. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat per ordinance requirements. The boundary lines within 100 feet of the plat have been shown along the names of the property owners. A Tree Protection Plan will need to be submitted to the Tree Inspector for review and approval. j. A soil boring report has been received by the City. 8.03 DESIGN FEATURES a. The proposed right-of-way as indicated is 60 feet. c. The sanitary sewer, watermain, storm drains and streets will be designed by the city'S consultant. g. The setbacks for each lot are shown. h. The proposed method of disposing of surface water has been shown on the grading and drainage plan and has been reviewed by TKDA. 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. f. Flood Plain Management is the Coon Creek watershed District (see Section 9.04(b) for additional information regarding the 100 year flood elevation). 9.02 a. 9.03 a. m. n. 9.04 b. 9.06 ) e. g. street lighting is required and the installation costs will be paid for by the developer. j. The total linear road mileage for the proposed plat is 1.4 miles. STREET PLAN The typical section, right-of-way and grade are indicated on the preliminary plat. STREETS The proposed right-of-way is shown as 60 feet which conforms to standards by classification. Driveway access shall be 60 feet or more from any intersection. Boulevard is required to be topsoil and sodded. EASEMENTS A drainage easement has been shown to follow the 100 year flood elevation. LOTS The developer is responsible to obtain all necessary permits from the Coon Creek watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 9.07 PARKS, PLAYGROUNDS, OPEN SPACE Park dedication has been paid in full. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF WOODLAND CREEK 4TH AND 5TH ADDITIONS AS BEING DEVELOPED BY WOODLAND DEVELOPMENT COMPANY LOCATED IN SECTIONS 29 & 32, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat; and WHEREAS, as a result of such review, the City Council recommends approval of the revised preliminary plat citing the following: 1. The developer is responsible to obtain all necessary permits from the Watershed Management Organization, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 2. Make the necessary minor revisions to the revised preliminary plat and grading, drainage and erosion control plan as requested by the Andover Review Committee. \ 3. Tree protection plan to be submitted, reviewed and approved by the Tree Inspector. ) 4. The park dedication has been paid in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Woodland Creek 4th and 5th Additions Adopted by the City Council of the City of Andover this 3rd day of May , 19 94. CITY OF ANDOVER J.E. McKelvey - Mayor ATTEST: Victoria Volk - City Clerk " , , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mav 3, lqq4 AGENDA' SECTION NQ Discussion ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t\Q, Planning '-=t: I;Ju Special Use Permit Constance Evangelical Free Church - 16150 Crosstown Boulevard NW David L. Carlberg City planner 0<. The City Council is requested to review and approve the Special Use Permit requested by the Constance Evangelical Free Church to construct a new church on the property located at 16150 Crosstown Boulevard NW. BACKGROUND please consult the attached Staff report and the minutes from the April 12, 1994 Planning and Zoning Commission meeting. Please note the discussion on the portable structures at the meeting. Staff will be meeting with the Church to discuss the structures prior to the May 3, 1994 meeting. Staff will present this information to the Council at the meeting. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission at their April 12, 1994 meeting recommended to the Council approval of the Special Use Permit with conditions. Attached for Council review and adoption is a resolution approving the Special Use permit. MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF THE CONSTANCE EVANGELICAL FREE CHURCH FOR THE CONSTRUCTION OF A CHURCH TO BE LOCATED AT 16150 CROSSTOWN BOULEVARD NW. WHEREAS, The Constance Evangelical Free Church has requested a Special Use Permit to allow for the construction of a church located at 16150 Crosstown Boulevard NW, on the following parcels: PIN 14-32-24-14-0001 PIN 14-32-24-14-0003 PIN 14-32-24-14-0004 PIN 14-32-24-14-0005; 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 , I / 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; 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 the Constance Evangelical Free Church to construct a church on said property with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection by City Staff. 2. The Special Use Permit will be subject to a one-year sunset clause as defined in Ordinance No.8, Section 5.03(D) unless a one year extension is granted by the City Council. 3. The two temporary structures shown on the plan shall have a standing life of three years only. At the end of the three-year period, they must be removed. 4. Any expansion of the existing plans must be through an Amended Special Use Permit proceeding. 5. There was a public hearing and there was no comment either negative or positive. Page Two Special Use Permit Constance Church May 3, 1994 6. The permit would have no detrimental effect on the health, safety, morals and general welfare of the occupants of the community. 7. The proposed use will not have a significant negative impact on existing traffic conditions. 8. The proposal will have no significant negative impact on property values in the area. 9. The proposal will have no significant negative impact on the Comprehensive Plan. Adopted by the City Council of the City of Andover on this day of , 1994 CITY OF ANDOVER / ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk . / (!) , . 1 I (~ . CITY of ANDOVER ~JI.>y PLANNING " AND ZONING COMMISSION MEETING - APRIL 12, 1994 MINUTES " The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on April 12, 1994, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bonnie Dehn, Becky Pease, Randy Peek (arrived at 7:14 p.m.), Bev Jovanovich, Jerry Putnam /1.e' rFl ('\. ~, - ~,.y ~'i''''e Ilt.e-~ City Planner, David Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES March 22, 1994: Correct as written. / MOTION by Dehn, Seconded 22, 1994, as presented. Peek) vote. by Jovanovich, approve the Minutes for March Motion carried on a 5-Yes, 2-Abse "" (Pease, PUBLIC HEARING: REZONING - REZONE PROPE FROM R-l, SINGLE FAMILY RURAL TO GR, GENERAL RECREATION - PART SECTION 22 - CITY OF ANDOVER Mr. Carlberg explained Mayor McKelvey, County issue. He recommended results of that meet' a meeti as been scheduled with City Staff, Staf nd County Commissioners to discuss this item be tabled to the next meeting so the are known before proceeding. MOTION by Ape , Seconded by Dehn, to so move. Motion carried on a 5- Yes, 2-Abs (Pease, Peek) vote. PUBLIC HEARING: SPECIAL USE PERMIT - CHURCH IN RESIDENTIAL DISTRICT - 16150 CROSSTOWN BOULEVARD NW - CONSTANCE EVANGELICAL FREE CHURCH / 7:05 P.M. Mr. Carlberg reviewed the request of the Constance Evangelical Free Church to construct a church at 16150 Crosstown Boulevard, which is north, across 151st Avenue from their present location. He showed the proposed church layout with driveways off both Crosstown Boulevard and 161st Avenue. In examining the criteria used in granting Special Use Permits, Staff found the church would have no detrimental effects-and recommended approval with the conditions of an annual review and a one-year sunset clause. Staff will be reviewing the site plans to be sure all ordinance requirements are met. Mr. Carlberg also noted the location of the parking area surrounding the existing and future cemetery and the ability to expand the parking to the west in the future. There is ample room on the site for the proposed use. ,. Regular Andover Planning and Zoning Commission Meeting Minutes - April 12, 1994 Page 2 J (Public Hearing: Special Use Permit, Constance Evangelical Free Church, Continued) " MOTION by Dehn, Seconded by Apel, to open the public hearing at this time. Motion carried on as-Yes, 2-Absent (Pease, Peek) vote. 7:12 p.m. Marv White, 971 161st Avenue NW - was concerned about the parking. Would they have concrete right up to her land? How are they going to accommodate that much traffic? Mr. Carlberg again noted the two entrances to the facility. There is no parking adjacent to her land, but there is the potential for future parking there. Setbacks from her property will be required, as the site plan will be treated as a commercial use. (Commissioner Peek arrived at this time; 7:14 p.m.) \ ) Ms. White - asked about the size of the church, questioning how it will fit on that property. Mr. Carlberg stated the building is proposed to be 25,000 square feet, and the size of the land should not be a problem. He noted the Special Use Permit deals only whether the church should be allowed at this location; the site plan itself will be handled by Staff and the Review Committee. Chairperson Squires noted Ms . White's concerns over future expansion of the parking lot. Would that expansion be handled at the Staff level, or would a public hearing be held and neighbors notified? Mr. Carlberg noted an expansion of the church would require an Amended Special Use Permit, and neighbors would be notified of that hearing. Commissioner Dehn felt there would be room to expand the parking to the north. Mr. Carlberg stated the Tree Preservation Plan will be required to save as many trees as possible. All commercial screening requirements and setbacks would apply to the church. Commissioner Peek asked how the temporary buildings on the site impact the Special Use Permit. Mr. Carlberg stated the temporary classrooms on the existing site were to be removed in three years, and Staff will meet with church officials on that issue. That is not a part of this Permit request. The storage sheds on the new site are a part of the Special Use Permit. They would be allowed as long as they meet building codes and the requirements of the commercial site plan. If they do not meet those requirements, they will have to be removed. After further discussion, the Commission thought they were temporary buildings and felt they should not remain on site for more than three years. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Peek) vote. 7:20 p.m. I MOTION by Apel, Seconded by Dehn, that the Planning and Zoning Commission send to the Council a Resolution approving the Special Use Permit for the Constance Evangelical Free Church. The recommendations for a Special Use Permit should include caveats as follows: \ Regular Andover Planning and Zoning Commission Meeting Minutes - April 12, 1994 Page 3 (Public Hearing: Special Use Permit, Constance Evangelical Free Church, Continued) I' 1) Special Use Permit shall be subject to an annual review and site inspection by Staff. 2) Special Use Permit shall be subject to a one-year sunset clause as specified in Ordinance No.8, Section S.03(D) unless a one-year extension is granted by the City Council. 3) The two temporary structures shown on the plan shall have a standing life of three years only. At the end of the three-year period, they must be removed. 4) Any expansion of the existing plans must be through an Amended Special Use Permit proceeding. S) There was a public hearing and was no corr~ent either negative or positive. 6) The Permit would have no detrimental effect on the health, safety, morals and general welfare of occupants of the community. 7) The proposed use will not have a significant impact on exiting traffic conditions. 8) The proposal will have no significant negative impact on property values in the area. 9) The proposal will have no significant negative impact on the Comprehensive Plan. J Motion carried on a 6-Yes, l-Absent Staff will discuss the existing representatives before this goes to (Pease) vote. Mr. Carlberg portable classrooms with the Council on May 3. 7:28 stated church p.m. PUBLIC HEARING: SPECIAL USE PERMIT - MINING PERMIT - 2855 161 NW - JIM GREEN 7:28 p.m. Mr. Carlberg reviewed the request for a Spec' I Use Permit by Jim Green to mine approximately 31,000 cubic yard~rrom property, PINS 16 32 24 24 0002 and 0003, to cut down a hill. Mr. Green does not know who will be conducting the mining activities~but any haul routes will have to comply with the provisions of the/Resolution and the property owner will be held responsible. Staff/recommends approval with the 12 conditions noted in the Resolution.~oth property owners involved have signed the request. The City En . eering Department is reviewing the proposed grading plan. It is a sandy soil. The permit is a one-year permit with a one-year rene , though the City can expand it to five years with yearly approv . The Commission preferred the two years. ) The Commission discu ed the required signage indicating trucks hauling and questioned w ther something should also be placed at the intersection of 161st Avenue and CoRd 9. Mr. Carlberg explained the temporary signs are to indicate the location of the driveway, and the county agrees with that. It is the responsibility of the owner to keep the county road clean and to water to control dust. Because of the distance to the signaled intersection, over one-fourth of a mile, he did not feel signs were necessary there nor would the county permit it. Flagmen would not be required; but if it becomes a problem, the City will look at it. / CITY OF ANDOVER REQUEST FOR PlANNING COMMISSION ACTION April 12, 1994 AGENDA ITEM 4. Special Use Permit Constance Church Const. of Church 16150 Crosstown Blv DATE ORIGINATING DEPARTMENT Planning David L. Carlberg City Planner BY: " APPROVED FOR AGENDA ~ BY: REQUEST The Andover Planning and zoning Commission is asked to review the Special Use Permit requested by Constance Evangelical Free Church to construct a church on the following described property: 16150 Crosstown Boulevard NW (PIN 14-32-24-14-0001) (PIN 14-32-24-14-0003) (PIN 14-32-24-14-0004) (PIN 14-32-24-14-0005) APPLICABLE ORDINANCES \ ) Ordinance No.8, Section 5.03, regulates the Special Use Permit process. Ordinance No.8, Section 7.03, lists those uses allowed by Special Use Permit. In an R-l, Single Family Rural District, churches are allowed under a Special Use Permit. 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. The use would not have a detrimental effect. The use would provide a service to the city. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. \ ) The use will generate heavie: traffic conditions onto County Road 20 (l6lst Avenue NW) and County Road 18 (Crosstown Boulevard Nv7). However, this should not create any detrimental traf=ic conditions. The applicant will be required to obtain County approval for any accesses onto County Road 20 and 18, All vehicle parking facilities shall be accommodated on site_ 3. The effect on the values of property and scenic views in the surrounding area. The proposed use should not have an adverse impact on the adjacent property values and scenic views. , / Page Two SUP - Constance Church 16150 Crosstown Boulevard NW April 12, 1994 4. The effect of the proposed use on the Comprehensive Plan. The use would be consistent with the Comprehensive Plan. GENERAL REVIEW The Church will be required to submit a Commercial Site Plan Application once the Special Use Permit is approved. Site specific issues will be addressed at that time. Also, it should be noted that Staff did not receive any objections to the location and construction of the new Constance Evangelical Free Church upon mailing public hearing notices to those property owners within 350 feet of the property. COMMISSION OPTIONS 1. The Planning and Zoning Commission may approve the Special Use Permit requested by Constance Evangelical Free Church to construct a church located at 16150 Crosstown Boulevard NW (PIN 14-32-24-14- 0001 and 14-32-24-14-0003-0005). I 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 surrounding property; and the use is in harmony with the Comprehensive Plan. 2. The Planning and zoning Commission may deny the Special Use Permit requested by Constance Evangelical Free Church to construct a church located at 16150 Crosstown Boulevard NW (PIN 14-32-24-14- 0001 and 14-32-24-14-0003-0005). 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. RECOMMENDATION I Staff recommends Option * 1 with the following conditions: 1. The Special use Permit shall be subject to annual review and site inspection by Staff. 2. The Special Use Permit shall be subject to a one year sunset clause as specified in Ordinance No.8, Section 5.03(D). \\, ~ ~R-I ; , --~-:----~ ,I ' -II l ,., ' 'rll_'~ r v' Co \. 180TH "v!. NW l ...'\-~"' /' r, >- _ ,_ .....C".. ..... (.....r-- ( - "'.) l--:> -t- /' /-t ,--~ \--{-- ..{./ \ S,;>l ~- y u/ -r! - , ! I ) -1 l1'JlH .."t:. NW I7ITH ,"Vt:. "lW I --t i t11TH AV[. NW , (J. J... I76TH AVt. NW "" , I ~ ./ ~TH AVE. NW .... ~~...", ~-; ".." \ ,... / I ,..- r, ...' I ,!.;-\ 114TH AVE. NW mRD AVL NW }.'< rnNO AVE. NW ;I 1 ! 1115T .&VE. HW ,I' 'I, r. ! j" , f' , i I 1i rroTH AVE. NW 167TH AVL. NW '69TH AVE. HW J. \ '\ (' t .J.__, I )., . ... ! I.' t." 168T11 .t.VE. NW l) I;, I6STH AVE, NW t65TH AVE. NW I64TH AVE. NW 163M) AV[. NW I62NO AVt:. NW ~ I ,I 'j! , ,I: '. MSIST AVE. HW llOTH AVL HW I9TM INE. NW , / "'"" __ OW mTM oWL' "" ~TM .cvt. PM / " r!-J I \ , , , ... '-- r --- I .",--..... 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(612) 755-5100 I' " SPECIAL USE PERMIT Property Address 16150 Crosstown Boulevard NW Legal Description of Property: (Fill in whichever is appropriate): Block 14-32-24-14-0001 Addi tion Lot PIN 1~ J:! :1', H uuuL. (If metes and bounds, attach the 14-32-24-14-0003 complete legal description.) See attached. 14-32-24-14-0004, 14-32-24-14-0005 Is the property: Abstract X or Torrens ? (This information must be provided and can be obtaine? from the County.) Reason for Request To relocate the existing Cq);tance Evangelical Free Church @ 16060 Crosstown Blvd. NW to a new facility at the above new address. This will J include a first phase building of 18,966 gross square feet and 266 parking spaces. Future buildine phases and parkine are shown on the site plan dashed as well as " play fipld, Section of Ordinance 5,oJ <!- 103 Current Zoning R-1 Name of Applicant Constance Evan!1;elical Free Church Address . I I ' '"It" " -, I Home Ph~e : 1,:'<":0:'-\.>0 " {II n./- I Signature /:." 1,;/1~ 16060 Crosstown NW Andover Business Phone c:zt (:'..;({:j Date -':-/6-'1' "'I --' , , ----------~---------------------------------------------------------- vLl Property Owner (Fee Owner) (If different from above) Address / Home Phone Business Phone Signature Date --------------------------------------------------------------------- I , SPECIAL USE PERMIT PAGE 2 The following information shall be submitted prior to review by the Ci ty of Andover: " I. 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. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee $190.00 $150.00 $ 50.00 $ 20.00 Date Paid 3/2. 4-/q4- Receipt it q~/z J Rev. 5-06-93:d'A Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. . / , / .pr=>"", ((]) " ,1', ,\. ~,J I ,:;=/ 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, April 12, 1994 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of the Constance Evangelical Free Church to allow for the construction of a church on the property located at 16150 Crosstown Boulevard NW. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at the Andover City Hall for review prior to said meeting. J r/J~U Vlctorla Volk, City Clerk Publication dates: April 1, 1994 April 8, 1994 . / D !-' 0 lJ :=z: n ::. D " ~ !-' ;..; i] D n D '""' ;:: < .... ""D "'" I';; c-- ;ij !o-! D Z " .... Z C'-. J> l-! , 0- 0 7" 0- n H =ti 0 - H ~ i3 "'" 0 (!j z 0 c-- ,,,: Z 0 I..... 0 :::l .... ~ , - ~ z Z !"J r .... 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SUP - Mining Permit 2855 161st Ave NW Jim Green David L. Carlberg City Planner BY~ -3. REQUEST The City Council is asked to review and approve the request of Jim Green for a Special Use Permit for a mining permit on the property located at 2855 161st Avenue NW. BACKGROUND Please consult the ,attached report presented to the Planning and Zoning Commission and the minutes from the April 12, 1994 meeting. PLANNING AND ZONING COMMISSION REVIEW The Planning and zoning Commission, at their April 12, 1994 meeting, recommended the Special Use Permit for a mining permit be approved with conditions. Please consult the attached resolution for Council review and adoption. ~ MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUESTED BY JIM GREEN TO MINE SOIL FROM THE PROPERTY LOCATED AT 2855 161ST AVENUE NW, LEGALLY DESCRIBED BELOW AS REQUIRED PER ORDINANCE 8, SECTION 4.24. WHEREAS, pursuant to published and mailed notice, the Planning and zoning Commission has conducted a public hearing and reviewed the request of Jim Green to mine soil on the following described property: The East Half of the Southeast Quarter of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota; Except Road; Subject to Easements of Record; and WHEREAS, the Special Use Permit has been reviewed by City Staff; and WHEREAS, the Planning and zoning Commission has reviewed the request and recommends to the City Council approval of the Special Use Permit. I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit to conduct mining activities on said property with the following conditions: I. Safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders, snowmobilers, etc. 2. The applicant shall provide the City with a security bond for restoration of the site as determined by City Engineer. 3. Signs be placed on both sides of the driveway at 161st Avenue NW (County Road No. 20) indicating trucks hauling. 4. The applicant is requested to make reasonable use of the property without altering the topography greatly. 5. watering the roadway to control dust at dry times and to keep county Road No. 20 clean of debris and fill after hauling hours each day. 6. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M. 7. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or brush to establish erosion control. Page Two Resolution SUP - Mining 2855 161st Avenue NW Jim Green 8. Obtaining all necessary permits from the DNR, U.S. Army Corps of Engineers, the watershed Organization, and any other agency which may be interested in the site. 9. The finished grade shall comply with the finished grading plan on file with the City. The grading plan shall be adhered to and not adversely affect the adjacent land. 10. Haul routes for removing dirt from the project will be 161st Avenue NW (Co. Rd. 20). II. This Special Use Permit is for a maximum of 31,000 cubic yards of dirt. 12. This permit is subject to review yearly and could be extended for a total period not to exceed two years, at which time the applicant may apply for another Special Use Permit upon satisfactorily completing all procedures as approved by the City Engineer. / NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Andover that the Planning and zoning Commission finds the following: I. There was a public hearing at which there were no comments made, either negatively or positively. 2. The proposal will have no significant negative impact on the health, morals and general welfare of the community. 3. The proposal will not have a significant impact on existing traffic conditions. 4. The proposal will have no significant negative impact on property values in the area. 5. The proposal will have no significant negative impact on the Comprehensive Plan. Adopted by the City Council of the City of Andover this day of , 1994. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk Regular Andover Planning and zoning Commission Meeting ) Minutes - April 12, 1994 Page 3 (Public Hearing: Continued) 1) Special Use Permit shall be subject to an annua inspection by Staff. Special Use Permit shall be subject to a one- ear sunset clause as specified in Ordinance No.8, Section 5.0 (D) unless a one-year extension is granted by the City Council The two temporary structures shown standing life of three years only. period, they must be removed. Any expansion of the existing Special Use Permit proceeding. There was a public hearing d was no corr~ent either negative or positive. The Permit would have no etrimental effect on the health, safety, morals and general we are of occupants of the community. The proposed use w' not have a significant impact on exiting traffic condition . The proposal wi have no significant negative impact on property values in the rea. The propos will have no significant negative impact on the Comprehe ~ve Plan. Motion ca ~ on a 6-Yes, I-Absent Staff ~i1f~e~iscUSS the existing repr~ntatives before this goes to ,/ 2) 3) 4) \ / @ Special Use Permit, Constance Evangelical the plan shall have a t the end of the three-year must be through an Amended 5) 6) 7) 8) 9) (Pease) vote. Mr. Carlberg portable classrooms with the Council on May 3. 7:28 stated church p.m. PUBLIC HEARING: NW - JIM GREEN SPECIAL USE PERMIT - MINING PERMIT - 2855 161ST AVENUE 7:28 p.m. Mr. Carlberg reviewed the request for a Special Use Permit by Jim Green to mine approximately 31,000 cubic yards from property, PINS 16 32 24 24 0002 and 0003, to cut down a hill. Mr. Green does not know who will be conducting the mining activities, but any haul routes will have to comply with the provisions of the Resolution and ~he property owner will be held responsible. Staff recommends approval with the 12 conditions noted in the Resolution. Both property owners involved have signed the request. The City Engineering Department is reviewing the proposed grading plan. It is all sandy soil. The permit is a one-year permit with a one-year renewal, though the City can expand it to five years with yearly approvals. The Commission preferred the two years. The Commission discussed the required signage indicating trucks hauling and questioned whether something should also be placed at the intersection of 161st Avenue and CoRd 9. Mr. Carlberg explained the temporary signs are to indicate the location of the driveway, and the / county agrees with that. It is the responsibility of the owner to keep the county road clean and to water to control dust. Because of the distance to the signaled intersection, over one-fourth of a mile, he did not feel signs were necessary there nor would the county permit it. Flagmen would not be required; but if it becomes a problem, the City will look at it. ( Regular Andover Planning and Zoning Commission Meeting j Minutes - April 12, 1994 Page 4 (Public Hearing: Special Use Permit, Mining, J. Green, Continued) MOTION by Dehn, Seconded by Jovanovich, to open the public hearing at this time. Motion carried on a 6-Yes, I-Absent (Pease) vote. 7:42 p.m. Terry Nuaent, 2837 161st Avenue NW, ad;acent neiahbor - was concerned about the hours of operation and what would be done about dust control. Last year he had to keep his windows closed all the time because Mr. Green was already moving dirt. Now he is looking at two to five more years of dust, which is not acceptable. He didn't see the benefits of removing that soil and is not in favor of it. Mr. Nugent expressed great frustration over this type of operation being allowed in a residential neighborhood. He did not anticipate having a mining operation next door and put up with blowing dirt in the summer when he moved there seven years ago. Jim Green, 2855 161st Avenue NW - would like to get the Permit. He thought the dirt will sell this summer. As soon as he can get the hill removed, he will be placing top soil, which he has just purchased, installing an underground sprinkler system and planting; and the dust will be eliminated. As it is, it is worthless to him with the hill and ('.. J\ Hswale. tThtere ikS n?t senshe put:ting fin ah 'yarbd ~ntil the hill is removed. e wan soma e ~ a s ow p~ece or ~s us~ness. MOTION by Peek, Seconded by Dehn, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Pease) vote. 7:47 p.m. Chairperson Squires noted the hours of operation per the Resolution. In response to Mr. Nugent's concerns, Mr. Carlberg stated he would work with the applicant to keep the activities down, but there will be some blowing dust. The Resolution sets forth conditions to control the nuisances. The intent would be to get the seeding done as soon as possible. If there is a problem, Mr. Nugent was urged to call the City so it can be reviewed. Chairperson Squires noted some of these problems can be worked out if the two parties would get together to talk about them. -. MOTION by Apel, Seconded by Dehn, send to the City Council the Resolution approving the Special Use Permit request by Jim Green to mine soil from the property located at 2855 161st Avenue NW; amend the Resolution, Section 5, to add to the watering the roadway to control dust at dry times and to keep the CoRd 20 clean of debris and fill after hauling each day. Motion carried on a 6-Yes, 1-Absent (Pease) vote. This will be forwarded to the May 3, 1994, City Council meeting. 7:50 p.m. II DISCUSSION - ORDINANCE REGULATING PAWNBROKERS, SECONDHAND GOODS AND PRECIOUS METAL DEALERS Mr. Carlberg reviewed the comments made by the City Attorney and proposed changes to the ordinance. The Attorney has recommended that firearms not be exempted from the ordinance, but that they be allowed in ) CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION April 12, 1994 , DATE ORIGINATING DEPARTMENT APPROVED FOR Planning AGENDA David L. carlberg--r:> Ci ty Planner . ~ BY: BY: AGENDA HEM 5. PubllC Hearing Special Use Permit Mining Permit Jim Green REQUEST The Andover Planning and zoning Commission is asked to review the Special Use Permit requested by Jim Green for a mining permit on the property located at 2855 161st Avenue NW (PIN 16-32-24-24-0002 & 0003), legally described on the attached resolution. APPLICABLE ORDINANCES Ordinance No.8, Section 4.24, requires a Special Use Permit when conducting mining activities. Such permit shall include as a condition thereof: (A) A plan for a finished grade which will not adversely affect surrounding land or the development of the site on which mining is being conducted, and (B) The route of trucks moving to and from the site. 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 the occupants of surrounding lands. 2. The existing and anticipated traffic conditions. 3. The effect on the values of the property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. GENERAL REVIEW Mr. Green is requesting the permit to mine approximately 31,000 cubic yards of material from said site. Mr. Green does not know at this time who will be conducting the mining activities. He will however be responsible for meeting the applicable ordinances and provisions of the Special Use Permit should the permit be granted. / Page Two Special Use Permit - Mining Permit 2855 161st Avenue NW Jim Green April 12, 1994 P & Z Meeting PLANNING & ZONING COMMISSION OPTIONS The Planning and zoning Commission has the following options available. 1. Recommend to the City Council approval of the Special Use Permit requested by Jim Green for a mining permit on the property located at 2855 161st Avenue NW, legally described on the attached resolution. 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 conditions or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. 2. Recommend to the City Council denial of the Special Use Permit requested by Jim Green for a mining permit on the j property located at 2855 161st Avenue NW, legally described on the attached resolution. The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. 3. Table the item pending further information from Staff. Staff Recommendation Staff recommends option #1 with the conditions as listed on the attached resolution. J -!::tI-- j - R-2 - ~ ~! .:~ . ~ i '1![J(~?-il I ., 7 . , 6. ---., 5 Go'\" 'I 1 --, ~ ',':' I: I ' I ! I, ,~.' I 4 ~ ~ I I .. , v-e\.\!;> D'/:N ! ' I , ' '-' / L.....- ' 'Ia': -, , .. "'InLt:: , c ,_', "D~' t-" 'Jt'CR.ESI; -' 'w IJVI.T I:.i ACMS I I } 1,"'. .. r-. , . . J ' -: 2 !.. Ii' "';1 ,,,.{> hL-'--_~.m-i\!.S1J-. . I, '_, 1-' '~ ,'wo'7g "ii ''''~/. .,-;,,' .,il. . I", '-~} I ~."..' !J""NE- I O~. -, """ '~f'" . , 'WO/;j,,-OS ~(OOD~~~' -~ . ,~(" . f).. N:.wO'ADD:q.., l-- .' ~--'-----..:. /~', I ' I 'DIDG~ I, " . 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(612) 755-5100 " " SPECIAL USE PERMIT , c"-- Property Address ~"::J 0 ....- , I hi::'- p..). " /1.. 1 r---. __ ~-, It I v..J-Cl..J''; ..~~ Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addi tion PIN /&- 3[- 24---24- - 600 z.. (If metes and bounds, attach the _ oao 3' complete legal--description.) Is the property: Abstract ~~ or Torrens ? (This information must be provide~ can be obtained from the County.) --------------------------------------------------------------------- J PD '\ r i1 ;"> .">.- .-- Reason for Request 1'" '" (''vi- f; r 'ff-..j'.epriC;' Af\"~ Cl..!MIMP--;'E r:-X..tT'7~ , GJ-- D-.. r "'- - '-,. r~\';-rt-K! '7' . I Section of Ordinance _4_b4-~s-.t~ Current zoning k:=~ . . --------------------------------------------------------------------- ArJoolJCR... Home Phone Business Phone Lf?l-l-30>(Q I Signature Date 3-1? - ~<-f ----------- - ------------------------------------------------------- Signatur .~ ,/. 'V"",,;/v ./"/ :...-....~ '--~' . ii_ILL ~V~. J/y, - ,.. " ./" - .", ....,' - / 'f ,C-/....L/"..L;./.. - Address A. " ~ j\/'. -:-- .:- : j ,-~..J 1.1 - 1'-..... / Phone ~-y'iS-O Date .3 --y _C,Lj " SPECIAL USE PERMIT PAGE 2 The following information shall be submitted prior to review by the Ci ty of Andove r: " " 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. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee $190.00 $150.00~ $ 50.00 $ 20.00~ Date paid 3/1~4- Receipt # q 1-- +8 j Rev. 5-06-93:d'A Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. " , , ". { , :' (,17\) \,&' CITY of ANDOVER .,' APPLICATION FOR LAND RECLAMATION, MINING, OR SOIL PROCESSING Permit Fee $ Receipt 1t Date paid Permit No. The undersigned hereby makes application for a permit for the excavation, removal or grading of rock, sa~d, dirt, gravel, clay and other like material within the city of Andover, agreeing to do all work in strict compliance with city Ordinances and hereby declares that all the facts and representations stated in this application are true and correct. ARPlicant ~M Get~ Telephone 43Lf-OYCffo ~()~O~~ - Address d1?55 '~I $-L AulS Owner of Land~t~ ,;./r:t3etViJdtt=- : Telephone L/39' l!S2? Address .f(8"?:) /~/fC C/./( ill(} Ct'/c/O/c;/Z &~ / The correct legal ,,, ....,1 ~" "I Ilr~~."n-C'''"[-oco2. PIN It - cr," '"' description of the premises where: ~he removal or excavation of rock, sand, dirt, gravel, clay or other like materials shall or does occur, or PIN it the storage or disposition of rock, sand, dirt, gravel, clay or other like materials shall or does occur, or PIN It grading of rock, sand, dirt, gravel, clay or other like materials shall or does occur. Estimated time schedule of interme~iate operations of the removal, storage or excavation "-'-' - . .'" f:;.' I Estimated date of completion of the above operation I j ': - i-' tatement of purpose_forr.emoval, storage or ex~~v~.1ion !/'-fPPC:./=t: ppr:f-~~~Pt./-::-: /~t: ,'1;._''<:-:.'"'-''' l\j -,:::, /;vf1i1JP"7""":- r- '//;~ ~<.. Complete list of highways, streets or other public ways within the City upon and along which the materials excavated or removed shall be transported o " -"7 Persons responsible for actual operation of the site Type of Equipment " Map or plat showing the following five (5) items (may be on same map) : 1. The existing land elevations and water table elevations based on sea level readings. 2. The proposed pit or excavation to be made showing the confines or limits thereof together with the proposed finished elevations (side slopes not to exceed 4:1) based on sea level readings. 3. present zoning and land use (parcel and within 350' of affected property)." 4. Proposed zoning and land use (if change is desired). 5. Scale to the nearest .10 feet, north arrow, and existing street names. Surety or Security Bond, in such form and sum as set by Council Resolution, running to the City, conditioned to pay the City the cost and expense of: a. Repairing any highways, streets, or other public ways within the City made necessary. by the special burden resulting from hauling and transporting thereon by the applicant, the amount of such cost to be determined by the City Council; and conditioned further to save the City free and harmless from any and all suits or claims for damages resulting from the negligent excavation, removal or storage of rock, sand, dirt, gravel, clay or other like material within the City. b. Renovating the site to an approved land use in the event of revocation of said permit by either party. Applicant is required to furnish certificates of insurance to the City in the amounts of at least $100,000.00 bodily injury liability per person; $300,000.00 per person for injuries or death arising from anyone occurrence; and $50,000.00 property ~amage liability for anyone occurrence. Such insurance shall include a ten (10) day notice of cancellation or non-renewal of insurance and such notice shall be provided to the City upon its issuance. Describe precautions to b~ t-",...... tu cvc.,;(l r-re;1l'ing nuisances or hazards to public health ant1 s:'aJ~ty. n. '-Y I / '. ~ " Applicant shall post at said site a copy of the Permit granted and a copy of the Resolution of the City granting such Permit. " " Appll.cant (2~/r., </),"'.(fy (Land wne r r" " /' G ::, j ,r(]"':"-''''''''''<."'''~'''' ~,,<, ~; .~ , :~ .1 \ .l.. / ''';~.~~_~.~:~-;..:...;7.,7 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, April 12, 1994 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Jim Green for a mining permit on the property located at 2855 161st Avenue NW (PIN 16-32-24-24-0002 & 0003). 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. j dJ~ dLL ' Vlctoria Volk, Clty Clerk publication dates: April 1, 1994 April 8, 1994 / 1> 1-""'1)"'0 1> 1>"'1) 1> I "'I) 1> I "'0 1> 1-""'1)"'1) Z 0-1>..... ZI-" Z..... Z f\) 0..... Z f\) D..... Z "-I"..... 0 -::' n Z 00- OZ oCD CilZ 0'-1 ZZ 0 I-"1>Z 0 l\JA" ACD 0" 0'-1 m.. 0'-1 Ul .. ~ c. z .. 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I-" "'1)'-1 .....1-" <:(JI ZI-" <:0- ml-" m -lO- r Zo- m 0- m Zo- :01-" -l .:../ .....0 Ul (..~ :01-" ~(../ :01-" Ul(..l a- ,,) zm 0") a- 1> ,,) 0- ,,) :II-" "'ON "'0 ZN :II-" :IN :I~ ~ ,,) ZUl 1>~ :IC ~ ZUl m~ Z-l m~ -l r~ zm ON -l UlN I "1-" (.II ::IN l> (../ (.II ~ t.n " ,,) (.Ill> mo UlC ro (.Ill> ~e. fJl r :00 (..1<: :00 (.11:0 mo (.01<: c' I../Z mo om 0 (..~ I-" om ~o 0 -<0 ~ ~I-" I-" ~"-I ~ :ON ~Z 0- Z 0- Z ~ ~ ~ m ~ ~ -l ~ ), l> "'I) r -l J> I . -.. m :0 m (/) J> :I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA t-n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Planning ~ ITEM t-n Vehicle Wash Establish- ments in the NB District David L. Carlberg City Planner iY- ~ The City Council is requested by Dehn Oil, owner of the SuperAmerica located at 3631 Bunker Lake Boulevard NW to discuss allowing vehicle wash establishments (car wash) in the NB, Neighborhood Business District. The SuperArnerica at the above address and location would like to construct a car wash as a part of the operation. Currently, a vehicle wash establishment or car wash is not allowed as a permitted or special use in the NB District. BACKGROUND On March 28, 1989, the Planning and zoning Commission held a public hearing to amend Ordinance No.8, the Zoning Ordinance which would allow vehicle wash establishments in NB Districts. On April 11, 1989 the Commission made the motion to approve an amendment that would allow vehicle wash establishments in the NB District. The item was however forwarded to the Council with a negative recommendation. The City Council on May 2, 1989 denied the amendment to Ordinance No. 8 and agreed to leave the Ordinance as is. Staff asks for direction from the Council at this time: , MOTION BY: SECOND BY: TO: (/ ~/ (-,. / c-/ Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Nine All voted yes. Motion carried. Mr. Blake requested that the neighbors receive notification of when this hearing will be held again before the Planning Commission. PUBLIC HEARING: ESTABLISHMENTS ORDINANCE 8 AMENDMENT VEHICLE WASH Mr. Blake stated that the Planning Commission members should review an amendment to Ordinance 8, allowing vehicle establishments (Car Washes) in Neighborhood Business Districts. Mr. Blake explained that he has had several requests for vehicle wash facilities in NB Districts. He would recommend allowing vehicle wash establishments through the special use permit process, thus giving the City an opportunity to review each individual proposal. Ms. Bosell asked if a definition would be added under Section 3.02 to further describe the car wash. Mr. Blake recommended that the Planning Commission would draft the verbiage for this. Mr. Spotts asked where you would draw the line - interior vs. exterior car washes. Chairman Pease opened the public hearing. Jim Hanson who lives in Coon Rapids, stated that the convenience centers are not looking at full-service wash centers. He felt that this was a valuable service being offered by convenience centers. He plans to build one at the corner of new 18 and Bunker Lake Boulevard, adjacent to the City's commercial park. Chairman Pease asked about the disposal of water with the car washes.' Mr. Hanson believed it would be cycled through the sanitary sewer system. Dale Strassburg, 3422-136th Lane, stated that a car wash could create a lot of traffic and doesn't create a buffer between residential areas. The noise from the vacuums and blowers could be very loud. Marion Wilbur, asked why can't the Ordinance stay as it is. Mr. Blake stated that this issue was brought up to find out whether a car wash would be an appropriate addition to a neighborhood convenience center. ( Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Ten Sharon Widmark, 3501 136th Avenue NW had a question regarding special uses for the car washes and asked if this meanS that a gas station is a neighborhood business. She doesn't want a gas station in the neighborhood. Jay Blake stated that a gas station is allowed in a neighborhood business. MOTION was made by Commissioner Spotts, seconded by Commissioner Bernard to close the public hearing. All voted yes. Motion carried. MOTION was made by Commissioner Bosell, seconded by Commissioner Spotts that the Andover Planning and Zoning Commission table this item until the April 11th meeting, to prepare additional information regarding the definition of car washes, including additional criteria to be added to this ordinance. All voted yes. Motion carried. (: I Mr. Blake will .prepare this information and return a draft to the Planning Commission for the April 11th meeting. SECT ONS .04 AND Mr. Blake compiled the recommendations for Amendment for the Planning Commission's revi The sections 3.02 Definitions, 7.03 Uses, and 8.07 Signs have been amended. Mark McLan was present he was interested in Andover's sign ordinance. Ms. Bosell stated tha the ordinance does not allow a sign to be painted directly 0 a building, but in the definition of a sign conflicts with th requirement. Mr. BI e stated he was comfortable in leaving this in as it is currently stated. d to delete the phrase, "painted or represented eith directly or indirectly upon" (in the Sign 'on) . irman Pease opened the public hearing. c Ms. Bosell asked about the definition of a multi-faced sign. Blake suggested changing it to read, "not to exceed two times square footage allowed for a single face sign." , , I Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Seven ( Ms. Pease asked if double fees would be charged because permit was not obtained. Mr. Blake stated yes, they could c double fees. She also asked if the building permit could b issued if the variance granted to bring the building up t specifications. Mr. Blake stated that all the plans an specifications would have to be approved by the build" g inspector. There would have to be variances for se ack of building, a variance that it is a non-conforming ilding that is being completed and life of the building is bei prolonged, and a variance to the fact that he did obtain a b ' ding permit. This would allow Mr. Heidelberger to get abIding permit after the fact. c. Mr. Vistad referred to Section 5.0 , Variances and Appeals, where it is stated that hardships or fficulties must have to do with the characteristics of the Ian and not the property owner. Mr. Vis tad doesn't feel the hardsh' , as Mr. Bernard previously stated in his motion, is a consi ration in this case. Roll call: Sabel-Yes, Bard-Yes, Spotts-Yes, Ferris-No, Vistad-No, Pease-Yes. Mot' n carried. May 2nd. Mr. Spotts state that he would like some of the 'stipulations to come from Mr. Heidelberger, and not the City Council. Mr. Vistad anted the fOllowing statement included for the record and for the City Council ~o review: He feels if the City Council pass this, because there are so many gross violations, it would be a true indication of setting a precedent in our community hat would make our building requirements, permits and ordinanc a total sign of worthlessness. The Planning Commission recessed at 9:00 p.m. and reconvened 9:10 p.m. ~ ORDINANCE 8 AMENDMENT, VEHICLE WASH ESTABLISHMENTS Mr. Blake explained that this item was a continuation of the discussion regarding the amendment to Ordinance 8 that would allow vehicle wash establishments by Special Use Permit in a Neighborhood (NB) District. \ ( Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Eight He also stated that several questions arose as concerns -- which types of establishments would be appropriate within the NB district, what type/style of wash establishments would be appropriate for the NB district. I (~ , . Mr. Blake added a definition of a vehicle wash establishment that also is the definition used by the City of Minneapolis and under Section 7.03 Special Uses 7.03, added that vehicle wash establishments as an accessory use with a service station and 2,000 square feet of retail space and with no more than one washing stall. Ms. Sabel asked why Mr. Blake determined that two vehicles could fit in the stall -- Mr. Blake commented that one stall was for the wash area and one stall would be for the drying area. Mr. Spotts asked what neighborhood districts in the City could be affected by this proposal and where, in the future, would these NB districts be located. Mr. Blake outlined the areas of the current neighborhood districts -- locations of SuperAmerica, the Speedy Market, the Meadowcreek Office Building, Hidden Creek outlot, and some are along Hanson Boulevard near Hills of Bunker Lake. Mr. Blake also explained that as the city redoes its Comprehensive Plan, this is an issue the City will have to address; the City will have to be very protective as to how the City chooses to develop along the major county roads. Mr. Spotts also asked if other ccmmunities allowed this type of use in their neighborhood districts -- Mr. Blake stated that yes, they do with special use permits (restricting with number of hours, type of hours, what it has to be accessory to, etc.). Chairman reopened the public hea=ing. Richard Thompson, car washes in Andover, noisy. 3422 134th Ave~~e, spoke in disapproval of He felt the =ar washes are teo loud and (, Dale Strassburg, 3422 136th Lane, is also concerned in general of the NB districts in Andove=. He felt that Typhoon Car Wash in Anoka is a single bay establishment, and was concerned that this type of car wash could conceivably fit under the proposed ordinance definitions. Also, he asked if the hours of operation would be limited, and how about the number of employees. Also, he doesn't feel car washes belong in a neighborhood districts as the proper~y values are then affected. / ( Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Nine Mr. Strassburg felt the City has a right to protect the rights of citizens as homeowners. He asked how many general business areas are available for building car washes in the City of Andover. Mr. Blake stated that there are three areas of general business in the City -- one is full, and one of the areas will not be developed for another five-ten years. Sharon Widmark, 3501 136th Avenue NW, related the 3.02 definition of the proposed ordinance. She feels the detached car washes are very noisy. She had the feeling that the City was talking about only attached car washes. She wants to go on record saying that she doesn't want car washes at all in established neighborhood businesses, and also the City needs to look at the rights of the landowners. MOTION was made by Commissioner Vistad, seconded by Commissioner Ferris to close the pUblic hearing. , / Ms. Sabel agrees that the detached car wash would not be appropriate in a neighborhood business district. Also, Ms. Sabel doesn't like the concept of two cars being housed at one time. She wanted it noted that this car wash would be as an accessory use with a service station and 2,000 square feet of retail space. ( Mr. Ferris was concerned about whether a car wash is appropriate for the neighborhood business area -- he feels it should be restricted to the general business areas. Mr. Vistad stated that the car wash in the neighborhood business area would be as a convenience for the customers using the service station that is already there. He feels that the two vehicles in the stalls would be necessary as one is needed for washing, and one would be needed for the drying bay. MOTION was made by Commissioner Spotts, seconded by Commissioner Vis tad that the Andover Planning and Zoning Commission recommends to the City Council approval of Ordinance 8, as hereby amended, 3.02 Definitions as presented, Section 7 Uses, Subsection 7.03 Special Uses as presented. ; / Discussion: Mr. Bernard asked if the maker.would consider deleting the word detached building and just keeping in attached. Mr. Spotts stated that he wanted the wording as he presented it. Mr. Vistad stated this is not a stamped approval of the process, but that each case would have to come before the City in the form of asking for a special use permit. I ~, ( Andover Planning and Zoning Commission April 11, 1989 Page Ten Roll call: Bernard-no, Spotts-no, Ferris-no, Pease-no, Vistad-yes, Sabel-no. Motion fails. This item will be forwarded to the City Council with a negative recommendation on May 2nd. PUBLIC HEARING, ECHO HILL Mr. Haas stated that the Planning Commission review and the preliminary plat requested by Mr. Robert Heliker. Mr. Haas explained that the proposed preliminary plat is currently zoned R-1, single family rural, minimum area of 2.5 acre lots. / Mr. Haas commented that many variances from the ordinance would be required to approve this preliminary plat -- lots 1-5 of Block 1, Phase 1 would require variances as they front on arterial streets, lots 1 and 4 of Block 1 in Phase II do not meet the requirement of 300 feet at the building setback line and would need variances, and in Phase II, an existing pole barn and two existing garages are located in front of the existing home and would require variances. (, Chairman Pease opened the pUblic hearing. Mr. Jeff Kane, surveyor for Mr. Heliker, stated he's brought in a number of plats that have had less than 300 feet frontage in a cul-de-sac, and almost every time they've been approved. Although Mr. Heliker is willing to extend the road to the property line, that would make the lot undersized, and feels this is a hardship. The City staff disagrees that this is a hardship. Mr. Vistad asked why on Lot 4 went into Lot 3 at an "angle, rather than running it straight back. Mr. Kane stated that Mr. Heliker it would be a very nice building site to overlook the valley. MOTION was made by Commissioner Sabel, seconded by Commissioner Bernard to close the pUblic hearing. Mr. Ferris expressed his view that he would have trouble approving the plat, knowing that there were so many variances that would be needed. (. ( Regular City Council Meeting May 2. 1989 - Minutes Page 5 (B. Hay Sewer Request. Continued) Mr. Hay - stated they are not year. They want to do a goo something very good. ouncil. their information Mayor Elling noted the correspondence from the Metropoli that the Staff has already begun the procedure. engineers should work with Mr. Schrantz in pro needed for the application to the MWCC. pating buildIng the park this in planning so it ends up being Mr. Rauen - aske out the ordinances requiring plats to go through the Planning ission. Mayor Elling noted should the application for sewer this project be approved. the project will go through the normai atting process. and residents will have an opportunity for inp at the public hearings. ~ORDIN~N~E 8 ^MENDMENT/VEHICLE W^SH IN N~I~HBORHOOD BU~INESS ,. Planning and Zoning Commission Chairperson Becky Pease reviewed the C;.. Planning Commission;s recommendation that car washes would not be an "~' appropriate use in Neighborhood Business Districts because of noise and traffic concerns. Council discussion noted there are two types of car washes -- the larger operations and smaller one-bay ones. Chairperson Pease stated they did address the different types and acknowledged the stand-alone types would be more appropriate than the larger multivehicle ones. Other comments of the Council where the small acreage in the NB zone may make it difficult to accommodate visual barriers between the business and the neighbors. that the trend is to cluster vehicle-type uses in one business such as convenience store. gas, car wash, etc., and that there is no general retail space in the city other than the shopping center where a car wash would be allowed. Chairperson Pease felt that should be addressed when the Comprehensive Plan is revised. (' , \.." Dale Strassbera. 3422 136th Lane - felt a car wash with even a single bay is not appropriate in the NB district because of the noise that many of them generate; because the intended use of the NB is to service Just the neighborhood area and a car wash would serve a lot more than that area, thus generating more traffic; because the property values of the surrounding homes would be adversely affected. feeling the Council has an obligation to protect the residents; interests. He felt the Council should provide some area in the City for this type of use. but not adjacent to homes. " 'J Regula~ CIty CouncIl MeetIng ( May 2, 1989 -, MInutes , Page 6 (O~dInance 8 Amendment/VehIcle Wash In NB, ContInued) Lowell Waane~. Real Estate DeveloDe~ - asked the CouncIl to keep In mInd that ~esldents often do not want to see any type of comme~cIal development next to them. ThIs Is about a special use In an NB a~ea. The sale of pet~oleum p~oducts Is al~eady allowed In the NB zone; the only issue Is whethe~ a ca~ wash Is o~ Is not an additIonal usage In that zonIng. A ca~ wash In a convenIence cente~ may have some t~affic diffe~entlal, but It Is not goIng to g~eatly affect the t~affic pate~ns. He asked that the Council not disallow It completely, but allow them to look at a site and have the owne~ come In and convince the CIty that it Is a vIable use. WIth a SpecIal Use Pe~mlt, the conce~ns can be add~essed. M~. Wagne~ stated it is beIng demanded and ~equested by the publIc that the ca~ wash se~vlce be p~ovlded, and It is expected by much of the publIc. Sha~on Wldma~k. 3501 136th - stated she has money invested in he~ home and Is agaInst the use of a ca~ wash next to neighborhood, especIally in the a~ea of Round Lake and Bunke~ Lake Bouleva~ds. She stated she does not use ca~ washes. She lIved by one as a child, statIng It Is ve~y noIsy and It does gene~ate a lot of t~affic. She asked the Council to not accept the p~oposal. \ I j c.,." , , '. . Jim Hanson. comme~clal ~eal estate broke~ - stated In a g~owing communIty such as Andove~, the people ope~atlng the convenIence sto~es tOday are ~eally demandIng that they get a ca~ wash. Ca~ washes a~e a very Impo~tant pa~t of thei~ convenience ope~ation In thel~ cente~s. Councilmembe~ Orttel obse~ved that most of the other ca~ washes located In convenIence sto~e centers a~e at Intensely hIgh t~affIc areas, thinkIng It se~vices conslde~ably more than the one-mile ~adlus that the NB zone is Intended to se~ve. MOTION by Jacobson, Seconded by Pe~~y, that the City Council, CIty of Andove~, deny a change In O~dlnance 8, SectIon 3.02, whIch would add a defInitIon of vehIcle wash establIshments, and SectIon 7.03 whIch would allow fo~ vehIcle wash establIshments. Motion ca~~led unanImously. CouncIl ag~eed to leave the o~dinance as it, whIch only allows ca~ washes In Shopping Cente~, Gene~al Business and Indust~ial Dlst~lcts. It was ag~eed thIs Issue should be add~essed when the Comp~ehensive Plan Is updated. LANDOWSKI SPECIAL USE PERMIT (: M~. Blake stated Ms. LandowskI has a~~anged fo~ no on-st~eet pa~klng du~ing the day. The~e was only one complaint In 1987; none sInce then. The cItatIons ~esulted because of the on-st~eet pa~klng. The o~dInance stated a business In a ~esldentlal a~ea can have no mo~e than th~ee total vehIcles pa~ked on the p~ope~ty. CITY OF ANDOVER REQUEST FOR COUNCIL AcrION DATE May 3, 1994 AGENDA tn SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning ~ . f) ( rtlY:. ~ ) " David L. Carlberg I J~ City Planner W Discussion ITEM tn Bruce Lee Photography 3315 Bunker Lake Blvd. NW So The City Council is requested by Bruce and Diane Dynes to review and discuss their request to conduct a photography studio at the property located at 3315 Bunker Lake Boulevard NW. Attached for Council review is a letter received from the Dynes which states their intentions. The property is currently zoned R-4, Single Family Urban and is 1.98 acres in size. Attached please find Ordinance No.8, Section 4.30, Home Occupations. MOTION BY: SECOND BY: TO: " ! ~~ PHOTOGRAPHIC DES I G N Dear Mayor McKelvey Let me introduce ourselves. , ) Our names are Bruce and Dianne Dynes. We have owned Bruce Lee Photography and have been located in the Village Ten Center in Coon Rapids for over 17 years. We have been seeking to change our location into a combination home/studio situation, Our children are grown and it's just the two of us. We have been looking for a house that would provide ample room for our studio and a home. The house had to be on a main road or street, easy to find and not in a typical neighborhood setting. The property needs to have trees and foliage that lends itself to outdoor portraits and have enough room to add landscaping for additional photographic areas. We believe that we have found that situation at 3315 Bunker Lake Road in Andover. The house is large enough with the present three car garage (attached) adequate for a camera room and a two and one/half car garage detached. The property has almost two acres of land. As you can . see by the attached exhibit, the property is flanked on the north and east by property belonging to Meadow Creek Christian School and to the West by property already zoned commercial I feel that the home occupation restriction of 20% total business use is not adequate in my situation. I would like to see a variance in this situation or ask for it to be re-zoned commercial with a variance for living quarters. As I see this property, it most likely will be re-zoned in the future especially if the property to the West is developed. Remaining a residential zoning is only going to make the market value drop. Being in back or the side of commercial building and with the traffic on Bunker, a home setting would be hard Lo sell. I see it as remaining d home look and feel while allowing multiple use. This would allow the option of sale in the future as a home or home/business, combination while maintaining the integrity of the property. I know that the city of Andover has property zoned Commercial already and I appreciate that. I believe this particular piece is very unique because of location (abundance of trees for outdoor portraits,etc) and will not set an uncomfortable precedence by adapting the zoning or variances to our needs. I would appreciate your input on this matter. Time is ticking on the property as I need to move or not move on the purchase of the home. / Bruce L Dynes, CPP Certified Professional Photographer 2072 NORTIIDALE BLVD. . COON RAPIDS, MN. 55433 (612) 755-7666. (800) 879-1795 /. z (, . ..-.., ( w. / ...$ I. - 4 ; ~~t.~~~~~-' '/%\H"':;- ~~ - 'II :It" ' .' ;~. ~ , ~ ~I: '_. .1J1", ',,' I I ' .... I ~ '/ I ,~ -' ': :-;:~ ~_I!-- '------- .Fr - A' ,H-'r,! b.!..,C: '''.. 1'" . '" ,~ 4;J. ;1-.' Ir-!,~;; '7 rir,. _ 10 __. . : ~~ ~ N '" .... . ) ~; l.' WE \\ l F!-~ ..:.: . ~~r~ ~' 7' 'u.. ~ >i- ~ \ . .. _,~_::::~\~ . " :i .~~.:Jt ~ - ~~~q:p '\' \ \ \ : _~,; 'i"M 1~:':'7i~''\'')C:~''/: :;l'7i\_, I ..~': '~',' .Ii~~.'~~~; f~:!~~~.:~::: ~~:,~<<. !~; t;=;~;~;. i~~~' ~ :':,' 1~'I;jj,"'" ,..,:!.,.., J O\,f ........ I. . '.a ,."....... 'iT.- !M:j-""""-' :r':-'-:: ,~,~/,;:: !l: IT;; ~"'~IIIl: ,G. ' 14' -l'~FF . ,," '~.., 7, 'L'-l. 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"""", ..,.,-, .' ~ riil.:'.;},.~~ . 11 IlJ . '".. , 6 , ,~:~: .~,~~~;:~.:,%~, i/)~' ~., . ,,-/ ;.1!E; It' ~\~ ,,,-!!It::iSt. ~ /. -A,- . . ~.. :--;" '"n- D~ .-.0.. __ ---:. -1't:. ~' ~I' ~ p:: ~ l' ; TN .~v.".."..,.. ":-- r-: ~ ...... I . ' r , ~'t.. r:' .. ')t1 II /I. ~ . . .J r ~J ~ { - .;'; '.1;J.!J:'" ~. .. . 1- . 1II~ ., 101. ~ . , ,', . - -.j ~ ,'s : :.1m - .,.~ -!- '~~r~ - - .,.J - i~'\--S,II;;i 1,1' I ""4' . 'J"< ..I' .:' 4L," ~ (,,~ ,~_ I-"'- - I- c- ~' ~."" . "'-I.... . .~~"'~~"~'''' _ t:t- I- I- " .' i J:'~,~~:' '~: C-~~ ~ ~ II ~ ~.~:~ rn'll.i T I~ ~ , ,"-I'Wt"4!lt~~, \ i rt= ~ ~}::: 1-1 I. I~ ~ " ' ' . .0i#[7r -.lflJj' ':-m ~ . ,~ ..;-:;.; : :lliif 'f ' 'U , ,'/I'..J"t,.~~". 'rrr,(~PI-' F-#' '" ....' '...f"IWI. Ii",.. fi~d'\i7PAb\~cp_~",,!/. I 'tii4~. .., __ __ _ . - NB -- , . ......... A i.:)( .:J..',~- . . -.... ~ '-.'.:x " 4 :\"e ~-0~':' ~y ,/ , . DENOTES' ~EA.. ' 'v. '-s..LVPClQ C:T. J Ordinance No.8, Section ~.30 Home Occupations , (A) Intent: I Planning principles protect the public interest in part by avoiding land use conflicts. One such conflict involves differences between commercial activities and residential activities. This confrontation has commonly been resolved by relegating commercial activities to commercial zoning districts. However, some limited commercial activities have been allowed in residential areas, and have had no negative impact. The purposes of this section are to: 1) allow such limited passive commercial uses as would not detract from the character and integrity of residential neighborhoods; 2) identify conditions under which such uses may be permitted, and 3) continue to require all other commercial uses to be located only in commercial zoning districts. (B) General Provisions Home occupation uses may include office uses, repair services, photo or art studio, dressmaking, or teaching limited to three (3) students at anyone time and similar uses. Such home ; occupations are subject to the following conditions: 1. The number of employees shall be limited to one (1) person on site in.addition to family members. 2. The area within the principle structure used by the home occupation shall not exceed twenty (20%) percent of the dwelling's livable floor area. Basements may be included if they meet all Uniform Building Code requirements for ingress and egress. 3. On-site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. 4. Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those customarily found in a dwelling. 5. Vehicles associated with a home occupation shall be limited to one (1) vehicle on the premises and as set out in Section 8.08. I 6. Unusual parking and traffic patterns shall not be created, which are not normallT found in the neighborhood, and in no case, shall the need for more than three (3) additional vehicles be created on the property. 7. Signs shall be regulated as set out in Section 8.07. @ Page 34, Ordinance No.8, Section 8. A Special Use Permit shall be required for any home occupation that is located in an accessory structure and/or that requires exterior storage. These home occupations shall be subject to the following conditions: , ) a. The size of the lot shall be three (3 a.) acres or ~ larger. b. The specific location and size of an accessory structure and/or outside storage area shall be as allowed by the City. c. The combined square footage of the accessory structure and outside storage area shall not exceed eight hundred (800 s.f.) square feet. d. Setbacks of the accessory structure and outside storage area shall be of a magnitude found necessary by the City, but in no case shall it be less than one hundred (100') feet front yard setback, thirty (30') feet side yard setback, and fifty (50') feet rear yard setback or as required in Section 6.02. \ e. The outside storage area and all vehicles, materials and equipment being stored there shall be fenced, landscaped and screened in such a manner as to prevent it from being visible at any time of the year from road right-of-ways, public properties and surrounding properties. 9. In acting upon an application for a Special Use Permit, the City Shall consider: a. The effect of the proposed use upon the health, safety and general welfare of the City including but not limited to the factors of noise, glare, odor, electrical interference, vibration, dust and other nuisances; fire and safety hazards; existing and anticipted traffic conditions; and parking facilities on adjacent streets and land. b. The effect on surrounding properties, including valuation, aesthetics and scenic views, land uses, character and integrity of the neighborhood. c. Consistency with the Andover Comprehensive Plan and Development Framework. d. The impact on governmental facilities and services, including roads, sanitary sewer, water and police and fire. ~ I e. The effect on sensitive environmental features including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and soils; and other factors as found relevant by the City. ~ ~ Page 35 Ordinance No.8, Section 10. The Special Use Permit is valid for one (1) year from date of issuance unless otherwise specified in the Resolution for approval and thereafter shall be automatically renewed each year unless objections or complaints are received from neighboring property owners, the City Councilor City staff and a request for review is made. " C. Inspection & Revocation: 1. The City may at any time inspect the Home Occupation to determine if the applicant is strictly adhering to the Special Use P~rmit and the conditions thereof. If it is found that the permit and the conditions of the permit are not being adhered to, the applicant shall be notified in writing by the City and given ten (10) days to come into strict compliance. If compliance is not achieved after that ten (10) day period, the City Council shall hold a public hearing to consider the matter and may revoke the Special Use Permit. D. Vested Rights: No ~ome Occupation allowed by Special Use Permit shall confer upon any person or to the benefit of any property any vested right to that use, rather the use shall remain subject to all conditions of the permit as established by the City. The City may find it necessary from time to time to review the conditions of the permit as they relate to the protection of the general welfare of the community. (8H, 7-1-80; 8MMM, 5- 15-90) 4.31 Exterior Storage In all districts, the governing body may order the owner of property to apply for a Special Use Permit to conduct an open storage use, including existing uses, provided it is found that said use constitutes a threat to the public health, safety, convenience, morals or general welfare. 4.32 Quasi-public Structures No quasi-public structure shall be located within the public right-of-way except by permit issued by the governing -body. Such structure shall include but not be limited to trash containers, bicycle racks, benches, planting boxes, awnings, flag poles, light standards, stairs, stoops, light wells, loading wells, signs, and others. 4.33 Shoreland Lots All lots having frontage on a lake, river or stream shall be governed in the following manner: (A) Setback: (I) No principal building or dwelling unit shall be located within seventy-five (75') feet of the normal high-water mark. - Said high-water mark shall be as established by the City Engineer or such other person as the City Council shall designate. Page 36 ~ ~ " I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED ~, Discussion FOR AGENDA ~ , ITEM Planning ~, McDonalds Corporation V Variance Discussion David L. Carlberg city planner b. The City Council is requested to review, discuss and give direction to McDonalds Corporation on a recent dilemma that has surfaced in the development of the site at 13735 Round Lake Boulevard NW. The Council is being consulted at this time because of the crucial time frame of development and construction on the site indicated above. Situation Upon the surveying of the property at said location, MCDonalds Corporation became aware that with the widening of Round Lake Boulevard, Anoka County had acquired additional right-of-way at the site. With the acquisition, the new property or right-of-way line is now the western curb line of the Downtown Center parking lot. Based on the current Zoning Ordinance requirement of a twenty (20') foot greenspace between right-of-way and parking areas a substantial amount of parking spaces will be lost. McDonalds corporation would like to see a variance to the greenspace requirement and asks that if the Council's review of the variance request is favorable to place the item on the May 10, 1994 Planning and zoning Commission meeting agenda and the May 17, 1994 Council agenda. Staff asks direction from the Council at this time. Note: Staff will continue to work with McDonalds corporation to resolve the issue prior to the May 3, 1994 meeting. If any alternatives are discovered Staff will present them to the Council at the meeting. \ MOTION BY: / SECOND BY: TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACfrON DATE May 3, 1994 AGENDA t-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM 1\0, Planning ~ )y)J Development Proposal Povlitzki David L. Carlberg City planner -'/. The City Council is requested by Richard and Brad Povlitzki to review and discuss their proposal to construct a restaurant/bar with two softball fields and two volleyball courts at 18xx Bunker Lake Boulevard NW. Attached please find a location map and a preliminary layout of the site. Background and Applicable Ordinances The subject property was recently rezoned to GB, General Business. Ordinance No.8, Section 7.01, Permitted Uses allows restaurants and commercial recreation uses as permitted uses. Therefore, the proposed restaurant, softball fields and volleyball courts would be allowed uses. Ordinances No.8, Section 7.03, Special Uses allows a liquor license by the granting of a Special Use Permit. In order to have a bar a Special Use Permit must be granted. Staff in reviewing the site was concerned with the noise created by the commercial recreational uses and the lighting of the fields. The Council does have the ability to add conditions to the Special Use Permit to regulate hours of operation, lighting and other related concerns. Also, the Council should be aware that the nearest single family residential structures and zoning district is over 700 feet from the proposed site. A large wetland to the north of the site also acts as a buffer to the developable property ~o the north. The Povlitzkis ask that the Council give direction as to their desire to grant a Special Use Permit. If the Council's opinion is favorable, the Povlitzkis will apply for a Special Use Permit in accordance with Ordinance No.8, Section 5.03 and 7.03. \ MOTION BY: I SECOND BY: TO: , / 8407 Plaza Boulevard Spring Lake Park, MN 55432 April 27, 1994 Mr. Dick Fursman, City Manager City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Mr. Fursman: j We hereby request preliminary approval to begin a project on Bunker Lake. Our intent is to start a new corporation, purchase land and build a building in which we wish to provide food and beverages in a sports bar and restaurant. In addition, we plan on constructing completely fenced and access controlled softball fields and outdoor volleyball courts. All outdoor activities will be professionally coordinated by individuals who have experience at recreational levels and national qualifying tournaments. Our plan is to provide adequate parking in compliance with all city requirements. life have been in this industry for over 30 years, and we possess the expertise and the ability to develop a business that would be an asset to the local community, as well as provide recreation and jobs for local residents. We would appreciate your consideration on this matter, and request tentative approval so that we may proceed with our project. Very truly yours, ~--e?~ cc: City Council Members CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mav 3. 1994 AGENDA ~ SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM N:), Planning ~ B~L Pawnbroker, Secondhand Goods, Precious Metal Dealer Ordinance David L. Carlberg City Planner g', The City Council is requested to review and approve the attached ordinance regulating pawnbrokers, secondhand goods dealers and precious metal dealers. This item should be approved in conjunction with the amendment to Ordinance no. 8, Section 7.03, Special Uses. Background I Please consult the staff reports and the minutes from the numerous Planning and Zoning Commission meetings. Recommendation The Planning and Zoning Commission at their April 12, 1994 meeting recommended to the Council approval of the attached ordinance. MOTION BY: i SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , J ORDINANCE AN ORDINANCE REGULATING PAWNBROKERS, SECONDHAND GOODS DEALERS AND PRECIOUS METAL DEALERS WITHIN THE CITY OF ANDOVER. " THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: SECTION 1. PURPOSE. The City Council of the City of Andover finds that pawnbrokers, secondhand goods dealers and precious metal dealers potentially provide an opportunity for the commission of crimes and their concealment because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers, secondhand goods dealers and precious metal dealers. The purpose of this Ordinance is therefore to prevent pawnbroking, secondhand goods and precious metal businesses from being used as facilities for commission of crimes and to assure that such businesses comply with the basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the residents of the City. SECTION 2. DEFINITIONS. I Item Containing Precious Metal. An item made in whole or in part of metal and contalnlng more than one (1%) percent by weight of silver, gold or platinum. Minor. Any natural person under the age of 18 years. Pawnbroker. A pawnbroker is and means a person who loans money on deposit of or pledge for personal property or other valuable thing, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. Person. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization. Precious Metal Dealer. Any person engaging in the business of buying coins or second hand items containing precious metal, including but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. Exemptions are specified in Section 3. precious Metals. Silver, gold or platinum. Receive. To purchase, accept for sale on consignment or take in pawn any secondhand good. Page Two \ I Secondhand Goods Dealer. Is and means a person whose regular business includes selling or receiving tangible personal property excluding motor vehicles, furniture, clothing and related accessories previously used, rented, owned or leased. Exemptions are specified in Section 3. " SECTION 3. EXEMPTIONS A. pawnbrokers and secondhand goods dealers shall not apply to or include the following: 1. The sale of secondhand goods where all of the following are present: a. The sale is held on property occupied as a dwelling or owned, rented or leased by a charitable or political organization. b. That no sale exceeds a period of 72 consecutive hours. I c. That no more than four (4) sales are held in any 12 month period. d. That none of the items offered for sale shall have been purchased for resale or received on consignment for the purpose of resale. 2. The sale of secondhand books or magazines, sport trading cards, sound or video recordings, or films. 3. The sale of goods at an auction held by a licensed auctioneer. 4. The business of buying or selling only those secondhand goods taken as a part or full payment for new goods and where such business is incidental to and not the primary business of a person. 5. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock. 6. Goods sold at public or farmer's market. 7. Goods sold at an exhibition, providing the exhibition does not last longer than ten (10) days in any twelve (12) month period. 8. Sales by a person licensed as a motor vehicle dealer. 9. The sale of furniture, clothing and related accessories. I Page Three , I " 10. Sales made by the sheriff or other public officials in the discharge of their official duties. II. Sales made by assignees or receivers appointed in the state to make sales for the benefit of creditors. B. Precious Metal Dealers shall not apply to persons conducting the following transactions: 1. Transactions at occasional "garage or "yard" sales, estate sales or farm auctions held at the decendent's residence, except that precious metal dealers must comply with the requirements of Minnesota Statutes, Sections 325F.734 to 325F.742, for these transactions. 2. Transactions regulated by Minnesota Statutes, Section 80A. 3. Transactions regulated by the Federal Commodity Futures Commission Act. 4. Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps, or dust from an industrial manufacturer, dental lab, dentist, or agent thereof. 5. Transactions involving the purchase of photographic film, such as lithographic and X-ray film, or silver residue or flake recovered in lithographic and X-ray film processing. 6. Transactions involving coins, bullion, or ingots. 7. Transactions in which the secondhand item containing precious metal is exchanged for a new item containing precious metal and the value of the new item exceeds the value of the secondhand item, except that a person who is a precious metal dealer by engaging in a transaction which is not exempted by this section must comply with the requirements on Minnesota Statutes, Sections 325F.734 to 325F.742. 8. Transactions between precious metal dealers if both dealers are licensed under Minnesota Statutes, Section 325F.733 or if the seller's business is located outside the state to a dealer licensed under Minnesota Statutes, Section 325F.733. 9. Transactions in which the buyer of the secondhand item containing precious metal is engaged primarily in the business of buying and selling antiques, and the items are resold in an unaltered condition except for repair, and the items are resold at retail, and the buyer paid less than $2,500 for secondhand items containing precious metals purchased within any period of twelve (12) consecutive months. Page Four SECTION 4. LICENSED REQUIRED. No person shall exercise, carry-on, or be engaged in the business of pawnbroker, secondhand goods dealer or precious metal dealer within the City unless such person is currently licensed under this Ordinance. A license under this Ordinance shall authorize the licensee to carryon business only at the permanent place of business designated in the license. No license may be transferred to a different location or different licensee. No more than three (3) licenses shall be issued by the City of Andover at any time and priority shall be given to qualified applicants for renewal of existing licenses. A separate license will be required for each business listed above. For instance, a pawnbroker may not conduct, operate or engage in the business of secondhand goods dealer without having obtained a secondhand goods dealer license in addition to a pawnbroker license. SECTION 5. LICENSE APPLICATION CONTENT. In addition to any information that may be required by the County pursuant to Minnesota statutes, Section 471.924, every application for a license under this Ordinance shall be made on a form supplied by the issuing authority and shall contain the following information: a. Full name, place, date of birth, street residence address, and phone number of the applicant. b. The business address and the name and address of the owner of the premises and the legal description of the licensed premises. c. A statement as to whether, within the preceding five years, the applicant and spouse have been convicted of any crimes and, if so, the state and county of conviction, the date of conviction, and the specific crime so convicted. d. Whether the applicant is a natural person, corporation, or partnership. 1. If the applicant is a corporation, the state of the incorporation and the names and addresses of all officers and directors. The application shall be accompanied by the Articles of Incorporation and Secretary of State's Certificate of good standing. Section 5(c) shall also apply. 2. If the applicant is a partnership, the names and addresses of all partners shall be included. The application shall be accompanied by a Partnership Agreement. Section 5(c) shall also apply. e. The name address and home phone number of the manager or proprietor of the business. Page Five f. The names, residences and business addresses of three persons, residents of the State of Minnesota of good moral character, not related to the applicant or financially interested in the licensee's premises who may be referred to as to the applicant's character or in the case where information is~ required of a manager, the manager's character. , g. Each application shall be accompanied by a bond in the amount of $5,000.00 executed by a surety licensed by the Department of Commerce and conditioned that in conducting such business the licensee will observe all laws in relation to pawnbrokers, secondhand goods dealers and precious metal dealers, and will conduct business in conformity thereto, and that the licensee will account for and deliver to any person legally entitled any goods which have come into the licensee's hand through the licensee's business as a pawnbroker and/or secondhand goods dealer and/or precious metal dealer, or in lieu thereof, will pay the reasonable value in money to the person. Such bond shall be maintained so long as the licensee does business as such for the benefit of the City or any person who shall suffer any damage through the act of such licensee and shall not be terminable without the bond company given written notice 30 days in advance of termination to the City Clerk. h. Each application shall be accompanied by a statement indicating the amount of investment the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc. and proof of source of such money. / i. Whether the applicant holds a current pawnbrokers, secondhand goods dealer or precious metal dealers license from any other ,governmental unit. j. Whether the applicant has previously been denied a pawnbroker, secondhand goods dealer or precious metal dealer license from any other governmental agency. k. Whenever the application is for a premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the City of Andover Building Department, no plans need be submitted with the issuing authority. I. Such other information as the City Councilor issuing authority may require. No person shall make any false statement in the application. In addition to other penalties, the license may be revoked by the City Council for giving false information on the application. I / Page Six SECTION 6. APPLICATION EXECUTION AND VERIFICATION. Every applicant for a license to maintain, operate or conduct a pawnbroker business, secondhand goods dealer business or a precious metals dealer business shall file a complete application under oath with the City of Andover upon a form provided by the~City Clerk and pay a non-refundable application fee in an amount set by Council Resolution. By submitting an application the applicant consents to any and all investigations the City deems appropriate and waives any claims the applicant may have. The application, once accepted, shall be referred to the Anoka County Sheriff's Department for investigation. Copies of the application shall be submitted to such other City departments as the City Council shall deem necessary for the verification and investigation of the facts set forth in the application. SECTION 7. SPECIAL USE PERMIT REQUIRED. \ j In addition to filing a complete application as specified above, an application for a Special Use Permit shall also be filed with the City Clerk. The procedure and provisions of the Special Use Permit are in accordance with Sections 5.03 and 7.03 of Ordinance No.8, the Zoning Ordinance of the City of Andover. No person shall operate, exercise, carry-on or be engaged in the trade or business of a pawnbroker, secondhand goods dealer or precious metal dealer without first being granted a Special Use Permit from the City of Andover. SECTION 8. RENEWAL APPLICATION. All licenses shall expire one year after the issuance unless earlier renewed. A new application fee shall be required whenever there is any change in the facts presented by the applicant other than the date, applicant(s)' home address or building owner(s)' address, or in the case of any license not renewed prior to its expiration. SECTION 9. PERSONS AND LOCATIONS INELIGIBLE FOR A LICENSE. No license under this Ordinance shall be issued to an applicant who is a natural person if such applicant: 1. Is a minor at the time of application. / 2. Has been convicted of a state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or Ordinance regulating the business of pawnbrokers, secondhand goods dealers or precious metal dealers. 3. Has had a pawnbroker, secondhand goods dealer or precious metal dealer license revoked in the last five (5) years. 4. Is not a citizen of the United States or a resident alien. 5. Is not of good moral character or repute; or Page Seven " I 6. Holds an intoxicating liquor license under City Ordinance. 7. Has been determined by the City Council, after investigation and public hearing, that the issuance of or the renewal of the license would adversely affect public health, safety and welfare. ;' SECTION 10. RECORDS REQUIRED. A) Each licensee hereunder shall keep a record of each transaction made in the course of their business. Said records shall be legible, made in ink and shall be in the English language. The records so kept shall include the following information about each transaction: 1. The full name, address, and date of birth of the person pledging or selling the item. 2. The time and date of transaction. \ 3. A complete description of the item pledged or sold, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying marks. 4. A physical description of the person pawning or selling the item including: a. Race. b. Sex. c. Height. d. Weight. e. Color of eyes. f. Color of hair 5. The amount of money paid or loaned for the item. 6. The signature of the person pledging or selling the item. 7. The identification number from any of the following forms of identification of the seller: a. Valid drivers license containing a picture. b. A Minnesota Identification Card. c. Picture identification issued by the state of residency of the person from whom the item was received. 8. Any other information the Sheriff's Department shall require. B) Every pawnbroker, secondhand goods dealer or precious metal dealer shall make available to the Sheriff's Department, everyday, before the hour of 12:00 Noon a complete, legible and correct copy of the records required by this Section for all transactions which occurred on the previous day. The records required herein shall be kept at the licensee's place of business for three years, and shall be available for inspection by the Sheriff at any reasonable time. Page Eight \ C) Every pawnbroker, secondhand goods dealer or precious metal dealer shall fill out and send Daily Report Forms to the Anoka County Sheriff's Department on approved forms by the Department for the following items: " 1. Any item with a serial number, identification number, or "operation identification" number. 2. Cameras. 3. Electronic audio or video equipment. 4. Precious jewelry or gems and precious metals. 5. Artist signed or artist attributed works of art. 6. Guns and firearms. 7. Items not included in the above, except furniture and kitchen or laundry appliances, which the pawnbroker, secondhand goods dealer or precious metal dealer intends to sell for more than two hundred dollars ($200.00). SECTION 11. HOLDING OF PROPERTY. \ When the Sheriff's Department or any member of the Department notifies the pawnbroker, secondhand goods dealer or precious metal dealer not to sell any property received on deposit or purchased by them, or not to permit the same to be redeemed, the pawnbroker, secondhand goods dealer or precious metal dealer shall not sell nor permit such property to be redeemed until such property is released in writing by the Sheriff or his designee. No personal property deposited with or purchased by any licensee under this Ordinance shall be sold or permitted to be redeemed from the place of business of the licensee until 48 hours after the copy of the records required by Section 10 have been made available to the Anoka County Sheriff, except upon written permission of the Sheriff. . / SECTION 12. RECEIPT. The pawnbroker, secondhand goods dealer, or precious metal dealer shall provide a receipt to the seller or pledger of any item of property received, which shall include: 1. The name, address and phone number of the pawnbroker, secondhand goods dealer or precious metal dealer; 2. The date on which the item was received by the pawnbroker, secondhand goods dealer or precious metal dealer; 3. A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or sold; 4. The signature of the pawnbroker, secondhand goods dealer or precious metal dealer or agent; PagE Nine , j 5. The last regular business day which the item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the pawned item on that date; " 6. The annual rate of interest charged on pawn items received; 7. The name and address of the seller or pledger. SECirON 13. REDEMPTION. Any Jerson who pawns an item shall have at least 30 days to redeem the ~tem before it may be sold. SECirON 14. PROHIBITED TRANSACTIONS. No piwnbroker, secondhand goods dealer or precious metal dealer shal. knowingly purchase or receive on deposit or pledge anything of valu~ as security for a loan of money from any minor, nor from intc:icated persons, nor those of unsound mind. A pavnbroker, secondhand goods dealer or a precious metal dealer may not ~eceive goods unless seller presents proper identification as spec~fied in Section 10. , SECi[ON 15. HOURS OF OPERATION. / From 9:00 p.m. Saturday to 7:00 a.m. Monday, no property shall be rece~ved as a pledge or purchased by any pawnbroker, secondhand good; dealer or precious metal dealer; nor shall any property be sold during said hours by any pawnbroker, secondhand goods dealer or prec~ous metal dealer, nor on any other day before 7:00 a.m., nor on any jay after 9:00 p.m. Further, no pawnbroker, secondhand goods deal~r or precious metal dealer shall be open for business on any lega~ holiday. SECi[ON 16. LICENSE DISPLAYED. A li;ense issued under this Ordinance shall be posted in a consJicuous place in the premises for which it is used. The lic€lSe issued is only for the compact and contiguous space specLfied in the approved application. SECi,ON 17. DENIAL, SUSPENSION OR REVOCATION OF LICENSE. Any License under this Ordinance may be denied, suspended or revoked for iny of the following reasons: 1. The use conflicts with the provisions of the Andover Zoning Ordinance; / 2. The use conflicts with any health code, building code, building maintenance code or provisions of this Ordinance or any state law; Page Ten The applicant has failed to comply with one or more of the provisions of this Ordinance. " 3 . j 4. i' 5. 6. Fraud, misrepresentation, or bribery in securing a license; Fraud, misrepresentation or false statements made in the course of the applicant's business; Violation, within the preceding five (5) years, of any law relating to theft, damage to or trespass of property, sale of a controlled substance, or operation of a business committed by the applicant or any employee or agent of the applicant. 7. At any time when a total combination of three pawnbrokers, secondhand goods dealers or precious metal dealers licenses have been issued by the City of Andover. SECTION 18. SEPARABILITY. Should any section, subdivision, clause or other provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part other than the part so declared to be invalid. " / SECTION 19. PENALTY. Any person who violates this Ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished according to prevailing State Laws. Adopted by the City Council of the City of Andover this day of ATTEST: , 1994. CITY OF ANDOVER Victoria Volk, City Clerk J. E. McKelvey, Mayor \ , / Regular Andover Planning and zoning Commission Meeting Minutes - April 12, 1994 , Page 4 ) (Public Hearing: Special Use Permit, Mining, J. Green, continued) " MOTION by Dehn, Seconded by Jovanovich, to open the public hearing at this time. Motion carried on a 6-Yes, I-Absent (Pease) vote. 7:42 p.m. Terrv Nuoent, 2837 I61st Avenue NW, ad;acent neiohbor - was about the hours of operation and what would be done about dus control. Last year he had to keep his windows closed all the time ecause Mr. Green was already moving dirt. Now he is looking at tw to five more years of dust, which is not acceptable. He didn't see he benefits of removing that soil and is not in favor of it. Mr. ugent expressed great frustration over this type of operation, ing allowed in a residential neighborhood. He did not anticip e having a mining operation next door and put up with blowing dir in the summer when he moved there seven years ago. ) Jim Green, 2855 161st Avenue NW - would ke to get the Permit. He thought the dirt will sell this summer. s soon as he can get the hill removed, he will be placing top soil which he has just purchased, installing an underground sprinkler stem and planting; and the dust will be eliminated. As it is, it i~orthless to him with the hill and swale. There is no sense putting }n a yard until the hill is removed. He wants to make it a show piec~or his business. MOTION by Peek, Seconded b;tD ~, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Pease) vote. 7:47 p.m. Chairperson Squires noted/ he hours of operation per the Resolution. In response to Mr. Nugent's concerns, Mr. Carlberg stated he would work with the applicant to~ep the activities down, but there will be some blowing dust. The ~esolution sets forth conditions to control the nuisances. The intent would be to get the seeding done as soon as possible. If there/is a problem, Mr. Nugent was urged to call the City so it can be reviiwed. Chairperson Squires noted some of these problems can be worked 06t if the two parties would get together to talk about them. Apel, Seconded by Dehn, send to the City Council the approving the Special Use Permit request by Jim Green to mine soil fr m the property located at 2855 I6Ist Avenue NW; amend the Resolu ion, Section 5, to add to the watering the roadway to control dust t dry times and to keep the CoRd 20 clean of debris and fill after hau ing each day. Motion carried on a 6-Yes, I-Absent (Pease) vote. T s will be forwarded to the May 3, 1994, City Council meeting. 7:50 .m. DISCUSSION - ORDINANCE REGULATING PAWNBROKERS, SECONDHAND GOODS AND PRECIOUS METAL DEALERS @ Mr. Carlberg reviewed the comments made by the City Attorney and proposed changes to the ordinance. The Attorney has recommended that firearms not be exempted from the ordinance, but that they be allowed in 1 J Regular Andover Planning and Zoning Commission Meeting Minutes - April 12, 1994 Page 5 (Discussion - Ordinance Regulating Pawnbrokers, Secondhand Goods and Precious Metal Dealers, Continued) pawn shops and secondhand goods shops. The existing firearms dealer in the City would be grandfathered, becoming a lawfully existing nonconforming use, and would not be required to have a license. It would have to get a license, however, if it wished to expand or change its use. Three of these licenses would be issued in addition to the existing firearms dealer in the City. Those selling firearms would have to comply with both federal and city regulations. " Page 4, licensed requirements, the Attorney had advised it is not discriminatory to limit the total number of licenses for pawnbrokers, secondhand goods and precious metal dealers to three. The licenses would be given on a first-come, first-serve basis. Also, the Attorney did not see a problem with the investigation of an applicant prior to, issuing a license. Page 8, Section C, 6, guns and firearms, will remain in the ordinance per the Attorney's recommendation. Daily reports will be required per Section 10. Page 10, Section 17, 7, has been clarified to a "total combination of three pawnbrokers, secondhand goods dealers or precious metal dealers J licenses. . . .. Mr. Carlberg stated he also changed some of the ordinance in accordance with the State Commission when he did a page-by-page review. In reviewing such ordinances from other cities, no one had a bond requirement over $5,000, which is to cover the costs incurred by the City; and that is the amount still shown in the ordinance. In reviewing the exemptions in Section 3, the Commission agreed to eliminate Item A, 1, b, that the items offered for sale are owned by the occupant. Often items in garage sales are not owned by the occupant. The remaining items in that section would be re-Iettered to b, c, and d. The intent of the new Item c would be that a license would ,be required if more than four garage sales at one place are held in any 12-month period. Prior to acting on this ordinance, the Commission agreed to conduct the public hearing of Ordinance 8, Section 7.03 to include the operation of pawnbrokers, secondhand goods dealers and precious metal dealers in the GB district. PUBLIC HEARING CONTINUED: AMEND ORDINANCE NO.8, SECTION 7.03, SPECIAL USES - OPERATION OF PAWNBROKERS, SECONDHAND GOODS DEALERS AND PRECIOUS METAL DEALERS IN THE GB, GENERAL BUSINESS DISTRICT / 8:10 p.m. There was no public testimony. HOTION by Apel, Seconded by Dehn, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Pease) vote. 8:11 p.m. Regular Andover Planning and Zoning Commission Meeting Minutes - April 12, 1994 \ Page 6 I (Public Hearing: Amend Ordinance 8, Section 7.03, Special Uses " Pawnbrokers, Secondhand and Precious Metals Dealers, Continued) MOTION by Peek, Seconded by Apel, tha e~Andover Planning and Zoning Commission forward to the Andov ity Council the recommendation for approval of the amendment rdinance No.8, Section 7.03 as contained in the packet. A p c hearing was held and there were no negative comments. Motio arried on a 6-Yes, I-Absent (Pease) vote. This will be placed 0 e May 3, 1994, City Council meeting agenda. 8:12 p.m. --' " @ ORDINANCE REGULATING PAWNBROKERS, SECONDHAND GOODS AND PRECIOUS METAL DEALERS, CONTINUED Mr. Carlberg advised the Planning and Zoning Commission recommend that the City Council adopt the proposed ordinance as included in the packet with Section 3, A, 1., b., removed; Section 5, d. I., correct the last sentence to "Section 5(c) shall also apply."; Section 5, d. 2., correct the last sentence to "Section 5(c) shall also apply." MOTION by Dehn, Seconded Jovanovich, to so move. Motion carried on a 6- Yes, I-Absent (Pease) vote. This will be placed on the May 3, 1994, City Council meeting agenda. OTHER BUSINESS Mr. Carlberg informed the Commission of the actions taken by the City Council at their AprilS, 1994, meeting on the various Planning Commission items. MOTION by Dehn, Seconded by Jovanovich, to adjourn. Motion carried on a 6-Yes, I-Absent (Pease) vote. The meeting adjourned at 8:16 p.m. Respectfully submitted, \r'Ir\~~L \~ar~lla A. Peach Recording Secretary " i , ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE April 12, 1994 6. Discussion Pawnbroker Ordinance ORIGINATING DEPARTMENT Planning ~ Dav;d L. ca<l~e 'g , BY: City planner APPROVED FOR AGENDA AGENDA ITEM BY: REQUEST The Andover Planning and zoning Commission is asked to review and discuss the attached ordinance regulating pawnbrokers, secondhand goods dealers and precious metal dealers within the City of Andover. The Commission tabled this item at the March 22, 1994 meeting at the request of Staff. REVIEW , I The Planning and zoning Commission at the February 22, 1994 meeting reviewed the attached ordinance and requested a number of changes in addition to legal review of certain sections of the ordinance. The minutes from the February 22, 1994 meeting have been attached for the Commission to reference the changes and legal review requested. Staff has consulted legal council on the issues raised by the Commission and the changes will be discussed at the meeting. / , / Andover Planning and Zoning Commission Meeting Minutes - February 22, 1994 Page 2 (Sketch Plan: Langfeld Addition, Continued) Jeff Caine, Surveyor - stated the ~outherly lot with the existing house will require a variance, as it is about one-tenth of an acre short of the 2 r/2 acres needed. The Commission generally agreed with the road layout as shown in Sketch B, which provides a street to the western property line. They also had no problem with a variance for the existing house in order to get the road pattern. Mr. Carlberg stated this will be reviewed by the City Council on Wednesday, March 2, 1994. DISCUSSION: ORDINANCE PAWNBROKERS AND SECOND-HAND GOODS DEALERS (PAWN SHOPS) The Commission agreed to review this item prior to holding the public hearing to amend Ordinance No. 8 to include pawnbrokers, second-hand goods dealers and previous metal dealers. \ ' Mr. Carlberg stated the proposed ordinance is tailored from a number of city ordinances. The biggest concern was the firearms dealers, and the proposed ordinance, which was taken from Brooklyn Center, exempts them. The fees for the licenses vary as are as much as $15,000 in another city. The fees are to cover the City's cost in enforcing the ordinance, and he felt $3,000 seems to be a reasonable fee. Another issue was limiting the number of licenses in the City. The City of Anoka only allows three licenses, which is what the proposed ordinance recommends for Andover as well. There was some discussion on the issue of allowing firearms dealers in these establishments. The Commission argued that it is relatively easy to get a federal firearms license, so that is not necessarily a controlling factor. Also, they generally preferred not to have firearms in the pawn shops and second-hand shops. Mr. Carlberg was asked to check with the City Attorney as to whether the City can prohibit the sale of firearms in the pawn shops and second-hand stores. Mr. Carlberg also noted clothing was excluded from second-hand goods dealers, which is what most communities did. Other communities did not want to get involved with regulating consignment shops. They are allowed in Andover, and it hasn't been a problem. Commissioner Dehn preferred that it remain excluded as it is encouraging recycling and supplies a need to the lower income people. The Commission agreed. They also agree to the limit of four garage sales per year at one residence. \. J The Commission reviewed the proposed ordinance page-by-page and recommended the following changes: Page 2, Section 3, A, 1, a and b: The Commission noted typically the property will not be owned by a charitable organization and often several families will sell items at a garage sale at one location. It was felt that subsections a and b are inconsistent. , / Andover Planning and Zoning Commission Meeting Minutes - February 22, 1994 Page 3 (Discussion: Pawnbrokers Ordinance, Continued) It was agreed to change subsection a to, .....occupied as a dwelling or owned, rented..... (deleting "by the seller"); and to delete subsection b (The-items offered for sale are owned by the occupant) altogether. There was further discussion on the issue of garage sales, and Mr. Carlberg was asked to check with the Cities of Coon Rapids and Blain~ to see what their ordinances say about garage sales. He also agreed to check as to how the Round Barn on Round Lake Boulevard would fit into the ordinance, thou9h it is a permitted use. Page 4, Section 4, last paragraph: Mr. Carlberg explained the intent is to have no more than three licenses in the City. The Commission asked that this paragraph be reviewed by the City Attorney to be sure that is exactly what it says. He will also get the Attorney's opinion on whether it is discriminating if, for instance, three precious metal dealers' licenses were issued thereby eliminating the ability for anyone to get a pawnbroker's license in the City. Page 4, Section 5, Multiple Dealers: There was some confusion as to the meaning of the section and why it is necessary. Since a separate license will be required for each use, even if it is by the same owner, the Commission felt this section is not needed. It was agreed to delete l the entire section. Page 5, c: It was agreed to include the spouse for the background check. Amend the sentence, ..... the applicant and spouse have been convicted of any crimes..... Page 5, d, 1 and 2: To avoid corporate shifting of ownership, it was agreed to include a statement similar to the previous subsection, c., requiring a statement from the corporate officers and directors and their spouses on conviction of crimes within the preceding five years. Page 5, g: The Commission generally felt that a $5,000 bond was insufficient and asked that Mr. Carlberg look into it further. A suggestion was that a $100,000 bond may not be out of line. It was also agreed to change the first sentence to, "Each application shall be accompanied by a bond in the amount of (Mr. Carlberg to insert) executed by a surety licensed by the Department of Commerce and conditioned..... Page 6, last paragraph of Section 6: It was agreed to delete the word "material", so the sentence is to read, "No person shall make any false statement. . ." This will eliminate possible disputes over the meaning of "material". i \ , , Page 6, Section 7: The Commission suggested Mr. Carlberg review this with the Sheriff's Department and the City Attorney. It was also suggested another sentence be added, "By submitting an application, the applicant consents to any and all investigation the City deems appropriate and waives any claims the applicant may have." Andover Planning and Zoning Commission Meeting Minutes - February 22, 1994 Page 4 I (Discussion: Pawnbrokers Ordinance, Continued) Page 6; Section 8: First paragraph, second sentence, add, .... .in accordance with Sections 5.03 and 7.03 of Ordinance No.8..... Page 8, c, 6: If approved by the City Attorney, delete Item 6, Guns and firearms. Page 8, Section 11: The Commission noted the first paragraph does not make sense and asked Mr. Carlberg to clarify it. Page 10, Section 17, 6: The Commission did not care for the wording "or operation of business." It was suggested either the phrase be eliminated or changed to ....illegal business practices." Mr. Carlberg agreed to look at that again. Page 10, Section 17, 7: City Attorney and clarify maximum of three licenses for each type of dealer. Mr. Carlberg agreed to review this with the the statement if necessary to indicate that a will be issued by the City, not three issued (,/ Page 10, Section 19: The Commission felt a violation of the ordinance should be a misdemeanor, not a petty misdemeanor. The Commission agreed to table the item until Staff has an opportunity to make those changes. MOTION by Dehn, Seconded by pawnbrokers Ordinance, until unanimously. Peek, the to table Item next meeting. 5, Discussion on Motion carried PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTIONS 3.02 AND 7.03 8: 25 Mr. Carlberg noted the proposed amendment to Ordinance No.8, Section 7.03, Special Uses, would allow pawnbrokers, precious metal dealers and second-hand goods dealers to operate a business in the General Business district by Special Use Permit. Because the amendments are directly related to the proposed Pawnbrokers Ordinance which was just tabled, the Commission agreed to continue the public hearing to the next meeting when that ordinance will be finalized. Chairperson Squires asked for a motion to open the public hearing. MOTION by Dehn, Seconded by Peek, to so move. unanimously. (, MOTION by Apel, Seconded by Jovanovich, to continue the public hearing to the next meeting. Motion carried unanimously. The hearing is continued to the March 8, 1994, Planning and Zoning Commission meeting. Motion carried / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE Februarv 22. 1994 5. Discussion pawnbroker Ordinance ORIGINATING DEPARTMENT Planning ~ David L. Carlberg BY: Ci ty Planner APPROVED FOR AGENDA .' AGENDA ITEM BY: REQUEST The Andover Planning and Zoning Commission is asked to review and discuss the attached ordinance regulating pawnbrokers, secondhand goods dealers and precious metal dealers within the City of Andover. REVIEW The Planning and Zoning Commission tabled the item at the February 8, 1994 at the request of Staff. The Commission should bring the packet materials from the meeting. The Commission requested Staff to research licensing fees. In researching the above request, Staff contacted the League of Minnesota Cities and also the City of Ramsey and the City of Anoka. In regard to fees the League has indicated that up to $5,000 is charged as an annual license fee. The City of Ramsey charges a $2,500 annual licensing fee with a $250 investigation fee. Anoka charges $3,000 for the annual licensing fee and $160 for the investigation fee. The fees listed above cover the cost of monitoring the operations. The Commission should discuss the above fees and make a recommendation to the Council. The Commission also requested Staff to look at regulating the number of licenses issued. The City of Anoka allows only three (3) licenses within the City. The attached Ordinance incorporates that provision. , J , } Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 Page 12 (Public Hearing: SUP, Steps of Success Homes, Continued) codes adopted by the City of Andover." Add Condition No.6, that on- site parking be limited to four cars at an~_onetime. Add Condition No. 7 that revocation of the Special Use~Permit at 4100 160th Lane NW be initiated. DISCUSSION: Commissioner Apel questioned Condition 6, asking what happens when th(;lre-is a graduation party. Ms. Jahn - stated they personally own fo~rs. Commissioner Peek stated this would be exclusive of what' ~n the garage. Peek, Putnam; NO-Apel, Dehn; item will be heard by the City VOTE ON YES-Squires, Pease, ABSENT ovanovich. Motion carried. The C cil on February IS, 1994. 9:16 p.m. @ DISCUSSION - PAWNBROKERS AND SECOND-HAND GOODS DEALERS (PAWN SHOPS) ORDINANCE Mr. Carlberg reported he contacted several communities plus the League of Minnesota Cities for ordinances on pawn shops and second-hand goods. In looking at other ordinances, Staff is recommending one ordinance to govern pawn shops, second-hand goods as well as precious metal dealers, and regulating them by Special Use Permit. Licenses would be required, / possibly even limiting the number of licenses in the City. One of the / reasons for regulating these uses is because of the problems with policing them. He asked for input as to which zoning district these uses should be allowed. Comments from the Commission were to be aware that firearms purchases and sales often occur in pawn shops; that there be a provision to allow for 2, 3, or 4 garage sales per year, any more could be classified as a second-hand goods dealer; and that the fees should be high enough to cover the City's costs of policing those uses. After discussing possible locations for these uses, the Commission generally felt it should be limited to the General Business zoning district only. It was felt the uses are not the "industrial type" which would be found in the Industrial District. They agreed that Ordinance No.8, Section 7.03, Special Uses be amended to include pawn shops, second-hand good dealerships and previous metal dealerships in the GB, General Business zoning district. They also asked Staff to research the possibility of limiting the number of licenses in the City for each use, plus the amount of license fees. Mr. Carlberg stated a public hearing will be scheduled for February 22, 1994. / OTHER BUSINESS Mr:-ea.c to allow for Transportation be allowed to completed. the Metropolitan Council has given final approval res of MUSA expansion in the City. The Study shou ne by August, 1994. The City will not request additional acreage until that plan is , / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE February 8, 1994 6. Discussion pawnbroker Ordinance Planning APPROVED FOR AGENDA :' ~ AGENDA ITEM ORIGINATING DEPARTMENT David L. Carlberg BY: city planner REQUEST The Andover P~anning and zoning Commission is asked to discuss the creation of a pawnbroker ordinance for the regulation of "pawn shops" in the City. REVIEW , , / The City Council at their meeting on January 4, 1994, directed City Staff and the Planning and zoning Commission to review other communities' ordinances and regulations regarding pawn shops and bring a recommendation back to the City Council. In researching the above request, Staff contacted the League of Minnesota Cities and also the City of Ramsey and the City of Anoka. Attached are ordinances from a number of communities including Ramsey and Anoka who both have three pawn shops. In reviewing the documentation, Staff recommends that in addition to creating a "pawn shop" ordinance, said ordinance should also regulate secondhand goods dealers and precious metal dealers. Staff will present the ordinance at the meeting for Commission review. Staff also recommends that Ordinance No.8, the zoning Ordinance, Section 7.03, Special Uses be amended to include pawn shops, secondhand goods dealerships and precious metal dealerships in the GB, General Business and I, Industrial zoning districts. The Commission should discuss the ramifications of this amendment. Staff will schedule a public hearing for the February 22, 1994 meeting at the Commission's request. / Regular Andover City Council Meeting Minutes - January 4, 1994 'I Page 6 I (Order Feasibility Report/IP93-30, Continued) Mr. Haas stated the utilities must come from Jay Street, although it is not necessary to construct the service road now. Because this area is within the TIF District, the City would be meeting tpe intent to clean it up by using TIF funds to construct the service road, which is not any different than the use of the TIF funds to construct Commercial Blvd. Staff feels in order to make this area work, the service road is needed. Council discussed several possible development scenarios of lots along the proposed service road. Mayor McKelvey stated he would be willing to talk with property owners as to how they feel about a service road and what plans they would have to develop or upgrade their businesses. Councilmember Jacobson suggested he wait until the figures are determined in the feasibility report. Mr. Haas noted that when a public hearing is held, areas included in the feasibility report can always been removed. Councilmember Jacobson suggested when updating the figures, that TKDA look at what would happen if two-thirds of the project were removed now or present other options to consider. MOTION by Jacobson, Seconded by Dalien, to move Item 18 in the affirmative. (See Resolution ROll-94 ordering preparation of a feasibility report, project 93-30, frontage area along Bunker Lake Boulevard) Motion carried unanimously. i , MAYOR-COUNCIL INPUT c1) Pawn Shops Council asked that the P & Z consider an ordinance regulating pawn shops as to where they should be allowed, the possibility of licensing them, the possibility of limiting the number of licenses within the City, and setting an appropriate fee for the licenses to reflect the amount of monitoring that is required for them. Filling Cars at Service Stations while Engines Are Councilmember Jacobson asked that more effort to be made to regulations with regard to filling cars with fuel while the running. Staff agreed. Update on Snowmobile Complaints - The Council agreed that the issue be monitored for another year since the number of complaints seem to have decreased somewhat. Staff noted another report will be provided in a month or so to make comparisons on the incident level of last year. Running enforce the engines are APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Dalien, to move on the Claims in the amount of $372,964.13, which includes the amounts of Edit List No.1 and Edit List No.2. Motion carried unanimously. MOTION by Jacobson to adjourn. Motion carried unanimously. The meeting adjourned at 8:29 p.m. \~speCtfRlrtY si:tbmitte.d=; r \\ \~0- ~~h- ~ar~lla A. Peach, Recording Secretary ) .' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA f\O. SECTION ORIGINATING DEPARTMENT Discussion Items Planning APPROVED FOR AGENDA ITEM f\O. Amend Ordinance No.8, Section 7.03 Special Uses -~ David L. Carlberg, City planner D1JJ 9. REQUEST The City Council is asked to review the attached amendment to Ordinance No.8, Section 7.03, Special Uses. The attached amendment would allow pawnbrokers, secondhand goods dealers and precious metal dealers to operate in the GB, General Business District upon the granting of a Special Use Permit by the Ci ty Council. PLANNING COMMISSION REVIEW The Planning and zoning Commission on April 12, 1994 reviewed the request and recommends to the City Council approval of the amendment. Attached for Council review are the staff reports and minutes from the February 22 and April 12, 1994 Planning and zoning Commission meetings. MOTION BY: SECOND BY: TO: \ I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING " ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 7.03 SPECIAL USES. BUSINESS DISTRICTS: GB General Business District Adult Use Businesses as defined in Ordinance #92 and as amended. Advertising Signs Drive-in business or businesses with a drive-thru window Liquor License ~ outdoor Display, Storage and Sales Pawnbrokers as defined in Ordinance #104 precious Metal Dealers as defined in Ordinance #104 Public Utility Structures Repair Garage Secondhand Goods Dealers as defined in Ordinance #104 Used Vehicle Sales NOTE: All other sections of the zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover this day of , 199 . CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria volk, City Clerk Regular Andover Planning and zoning Commission Meeting \ Minutes - April 12, 1994 / Page 5 (Discussion - Ordinance Regulating Pawnbrokers, Secondhand Goods and Precious Metal De,plers, Continued) ," pawn shops and secondhand goods shops. The existing firearms ~ealer in the City would be grandfathered, becoming a ~awfully/ existing nonconforming use, and would not be required to have a J,fCense. It would have to get a license, however, if it wished to expand or change its use. Three of these licenses would be issued in~ddition to the existing firearms dealer in the City. Those selling f" earms would have to comply with both federal and city regulations. Page 4, licensed requirements, the Attorney ad advised it is not discriminatory to limit the total number of censes for pawnbrokers, secondhand goods and precious metal dealer to three. The licenses would be given on a first-come, first-serv basis. Also, the Attorney did not see a problem with the. investig ion of an applicant prior to issuing a license. Page 8, Section C, 6, guns and fire s, will remain in the ordinance per the Attorney's recommendation. Daily reports will be required per Section 10. \ I Page 10, Section 17, 7, has b three pawnbrokers, secondhan licenses..... n clarified to a "total combination of goods dealers or precious metal dealers . Mr. Carlberg stated he al 0 changed some of the ordinance in accordance with the State when he did a page-by-page review. In reviewing such ordin nces from other cities, no one had a bond requirement over $5, 00, which is to cover the costs incurred by the City; and that is t e amount still shown in the ordinance. In reviewing th exemptions in Section 3, the Commission agreed to eliminate Item , 1, b, that the items offered for sale are owned by the occupant. Of n items in garage sales are not owned by the occupant. The remainin items in that section would be re-lettered to b, c, and d. The intent f the new Item c would be that a license would.be required if more t n four garage sales at one place are held in any l2-month period. o acting on this ordinance, the Commission agreed to conduct the publ" hearing of Ordinance 8, Section 7.03 to include the operation of paw rokers, secondhand goods dealers and precious metal dealers in the GB district. Iff'B PUBLIC HEARING CONTINUED: AMEND ORDINANCE NO.8, SECTION 7.03, SPECIAL (1< USES - OPERATION OF PAWNBROKERS, SECONDHAND GOODS DEALERS AND PRECIOUS ': METAL DEALERS IN THE GB, GENERAL BUSINESS DISTRICT 8:10p.m. There was no public testimony. MOTION by Apel, Seconded by Dehn, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Pease) vote. 8:11 p.m. " ) Regular Andover Planning and Zoning Commission Meeting Minutes - April 12, 1994 Page 6 (Public Hearing: Amend Ordinance 8, Section 7.03, Special Uses - Pawnbrokersl Secondhand and Precious Metals Dealers, Continued) MOTION by Peek, Seconded by Apel, that the Andover Planning and Zoning Commission forward to the Andover City Council the recommendation for approval of the amendment to Ordinance No.8, Section 7.03 as contained in the packet. A public hearing was held and there were no negative comments. Motion carried on a 6-Yes, 1-Absent (Pease) vote. This will be placed on the May 3, 1994, City Council meeting agenda. 8:12 p.m. ORDINANCE REGULATING PAWNBROKERS, SECONDHAND GOODS AND PRECIOUS METAL DEALERS, CONTINUED Mr. Carlberg advised the Planning and Zoning Commission recommend that the City Council adopt the proposed ordinance as included in the packet with Section 3, A, 1., b., removedi Section 5, d. 1., correct the last sentence to "Section 5(c) shall also applY."i Section 5, d. 2., correct the last sentence to "Section 5(c) shall also apply." MOTION by Dehn, Seconded Jovanovich, to so move. Motion carried on a 6- Yes, 1-Absent (Pease) vote. This will be placed on the May 3, 1994, City Council meeting agenda. / OTHER BUSINESS Mr. Carlberg informed the Commission of the actions taken by the City Council at their April 5, 1994, meeting on the various Planning Commission items. MOTION by Dehn, Seconded by Jovanovich, to adjourn. Motion carried on a 6-Yes, l-Absent (Pease) vote. The meeting adjourned at 8:16 p.m. Respectfully submitted, ~~~~ Recording Secretary \ ) : j CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION April 12, 1994 AGENDA ITEM 7. P.H. Continued Amend Ord. No.8 Section 7.03 Special Uses, GB DATE ORIGINATING DEPARTMENT Planning BY: David L. Carlberg City planner APPROVED FOR AGENDA .J) REQUEST The Andover Planning and Zoning Commission tabled this item at the March 22, 1994 meeting. The Commission is asked to review and discuss the proposed amendment to Ordinance No.8, the Zoning Ordinance, Section 7.03, Special Uses. The amendment to Section 7.03, Special Uses, would allow pawnbrokers, precious metal dealers and secondhand goods dealers to operate a business in the GB, General Business District by the granting of a Special Use Pe rmi t. Attached is the proposed amendment for Commission review and approval. I , I ) CITY OF ANDOVER COUNTY OF ANOKA' STATE OF MINNESOTA ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. " THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 7.03 SPECIAL USES. BUSINESS DISTRICTS: GB General Business District Adult Use Businesses as defined in Ordinance ~92 and as amended. Advertising Signs Drive-in business or businesses with a drive-thru window Liquor License \ I outdoor Display, Storage and Sales pawnbrokers as defined in Ordinance #104 precious Metal Dealers as defined in Ordinance #104 Public Utility Structures Repair Garage Secondhand Goods Dealers as defined in Ordinance #104 Used Vehicle Sales NOTE: All other sections of the zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover this day of , 199 . CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: V~ctoria Volk, C~ty Clerk , , ; Andover Planning and Zoning Commission Meeting Minutes - February 22, 1994 Page 4 (Discussion: pawnbrokers Ordinance, Continued) Page 6, Sect"ion 8: First paragraph, second sentence, add', accordance with Sections 5.03 and 7.03 of Ordinance No.8..... " " .. .~n Page 8, c, 6: If approved by the City Attorney, delete Item 6, Guns and firearms. Page 8, Section 11: The Commission noted the first paragraph does not make sense and asked Mr. Carlberg to clarify it. Page 10, Section 17, 6: The Commission did not care for the wording "or operation of business." It was suggested either the phrase be eliminated or changed to ....illegal business practices." Mr. Carlberg agreed to look at that again.' Page 10, Section 17, 7: Mr. Carlberg agreed to review this with the City Attorney and clarify the statement if necessary to indicate that a maximum of three licenses will be issued by the City, not three issued for each type of dealer. Page 10, Section 19: The Commission felt a violation of the ordinance should be a misdemeanor, not a petty misdemeanor. The Commission agreed to table the item until Staff has an opportunity to make those changes. MOTION by Dehn, Seconded by Peek, pawnbrokers Ordinance, until the unanimously. to table Item next meeting. 5, Discussion on Motion carried PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTIONS 3.02 AND 7.03 8: 25 Mr. Carlberg noted the proposed amendment to Ordinance No.8, Section 7.03, Special Uses, would allow pawnbrokers, precious metal dealers and second-hand goods dealers to operate a business in the General Business district by Special Use Permit. Because the amendments are directly related to the proposed Pawnbrokers Ordinance which was just tabled, the Commission agreed to continue the public hearing to the next meeting when that ordinance will be finalized. Chairperson Squires asked for a motion to open the public hearing. MOTION by Dehn, Seconded by Peek, to so move. unanimously. Motion carried j MOTION by Apel, Seconded by Jovanovich, to continue the public hearing to the next meeting. Motion carried unanimously. The hearing is continued to the March 8, 1994, Planning and Zoning Commission meeting. '. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION AcnnN Feoruary ~T, 1994 J AGENDA ITEM 4. Public Hearing Amend Ord. No. 8 Section 7.03 Special Uses, GB DATE ORIGINATING DEPARTMEN:r ~ Planning . David L. carlberg city planner APPROVED FOR AGENDA BY: BY: REQUEST The Andover Planning and zoning Commission is asked to review and discuss the proposed amendment to Ordinance No.8, the zoning Ordinance, Section 7.03, Special Uses. The amendment to Section 7.03, Special Uses, would allow pawnbrokers, precious metal dealers and secondhand goods dealers to operate a business in the GB, General Business District by the granting of a Special Use Permit. Attached is the proposed amendment for Commission review and approval. / , ) J \, I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8 AN ORDINANCE AMENDING ORDINA.NCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. ~. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 7.03 SPECIAL USES. BUSINESS DISTRICTS: GB General Business District Adult Use Businesses as defined in Ordinance *92 and as amended. Advertising Signs Drive-in business or businesses with a drive-thru window Liquor License Outdoor Display, Storage and Sales pawnbrokers as defined in Ordinance #104 Precious Metal Dealers as defined in Ordinance *104 Public Utility Structures Repair Garage Secondhand Goods Dealers as defined in Ordinance *104 Used Vehicle Sales NOTE: All other sections of the zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover this ____ day of , 199 . CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Vlctorla Volk, City Clerk .~' .l'\.. CITY of ANDOVER ) " 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, February 22, 1994 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to discuss and amend Ordinance No.8, Sections 3.02 and 7.03, Special Uses. Said amendment would allow pawnbrokers, secondhand goods dealers and precious metal dealers in the GB, General Business District by the granting of a Special Use Permit. Said amendment will also include definitions of the above uses. Additional Sections of the Zoning Ordinance may be amended as deemed necessary. All written and verbal comments will be received at that time and location. Sulan er, Deputy Clty Clerk Publication dates: February 11, 1994 February 18, 1994 ; , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mav 3, 1994 AGENDA SECTION f\O. Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. wittington Ridge Discussion TOdd,J. H~as, ,~ Englneenng ~. 1Y /6. The City Council is requested to reconsider the street crossing in the plat of Wittington Ridge as requested by Jerry Windschitl of Ashford Development Corporation. For your information, a couple of members of the Andover Review Committee met with TKDA/Acting city Engineer John Davidson and the developer's engineer Jim Overtoom of STS Consultants to discuss the recommended methods and procedures (see attached memo dated March 25, 1994). I Mr. Overtoom will be preparing a written report to the City for the meeting outlining details of the recommended methods and procedures. John Davidson will also be in attendance to answer any questions the City Council may have. , MOTION BY: SECOND BY: TO: .! ~sbfotb tlBebelopment ClCorporation, 3Jnc. 3640 - 152nd Lane N.W. . Andover, MN 55304 . 427-9217 I" R~rFT'lT~ '" .1-< ....... ._"'. _ "....l.i1 April 22, 1994 APR 2 5 1994 CITY vr hj~0vVER Mr. Todd Haas City of Andover 1685 Crosstown Blvd Andover, MN 55304 Dear Mr. Haas, Ashford Development Corporation respectively requests an agenda item for the May 3, 1994 Andover City Council meeting for the purpose of reconsidering the road crossing in the plat of Wittington Ridge. ; This request is the result of the meeting that was held between the Andover staff, TKDA and STS. A representative of STS will will be at the meeting to answer any questions. Sincerely, ~ w- -'/. .,u:Z/ Jerry Windschitl Ashford Development Corp. UJ .IHi:.!C iii . ,'-.' -v. . ...."........l1_.~Jq ~lED TKDA MAR 28 1994 CITY" '" r'''i\JL. () 1/ E: R TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED " 1500 PIPERJAFFRAY PLAZA 444 CEDAR STREET SAINT PAUl, MINNESOTA55101.2140 PHONE:6121292-4400 FAX:6121292.()063 ENGINEERS. ARCHITECTS. PLANNERS MEMORANDUM rJ..c. Fj2.AN~ $70NE. To: Record Reference: Wittington Ridge Copies To: Todd Haas Plat Review From: John Davidson Date: March 25. 1994 Commission No. 9140-941 A meeting was held at 10:30 A.M., Thursday, March 24, 1994 to discuss soils correction and stabilization for sections of streets within the above referenced subdivision. Those present were as follows: Richard Fursman Todd Haas David Almgren John Davidson, P.E. Brian Kraabel Jim Overtoom, P.E. City Administrator Assistant City Engineer Building Official TKDA, Acting City Engineer Utility Superintendent <-- ~(2.14rJ w".~ IV,.,.- "ION f"l<CTIN({. STS Consultants, Ltd. . The STS geotechnical report dated November 2, 1993 was presented by Mr. Overtoom. Methods of consolidation by surcharge and control and monitoring of the construction was reviewed. Mr. Overtoom will prepare a written report to outline the details of recommended methods and procedures. Mr. Windschitl will request reconsideration of the plat review and proposed construction methods as presented. He will be required to provide a [mandal guarantee/warrantee through the construction phase (estimated to be two (2) years) and for an additional 3 years after swiacing. All cost of monitoring, inspection services and controlled construction will be expected to be borne by the developer. The meeting adjoumed at approximately 11:30 A.M. JLD/mha Regular Andover City Council Meeting Minutes - December 21, 1993 Page 2 LOT SPLIT/17025 ROUND LAKE BOULEVARD MOTION by Knight, Seconded by Perry, introducing the presented granting the lot split request of Maris and Barbara (See Resolution R292-93) Motion carried unanimously. Resolution Schilling. VARIANCE/1831 CROSSTOWN BOULEVARD NW MOTION by McKelvey, Seconded by Dalien, the Resolution approving the variance requested by Steven Loudon to Ordinance No.8, Section 4.05(B)(1) to allow for the construction of an addition to an accessory structure exceeding the total square footage of land cover of the principal structure on the property located at 1831 Crosstown Boulevard NW. (See Resolution R293-93) DISCUSSION: Mr. Almgren explained the addition is about two-thirds constructed already. Mr. Carlberg explained the additional area will be used for general storage, not in connection with the home occupation. VOTE ON MOTION: YES-McKelvey, Dalien, Knight; NO-Jacobson, Perry Motion carried. Councilmember Jacobson did not think the age of the home constituted a hardship to grant the variance. Councilmember Perry agreed. Mayor McKelvey argued some variance is needed as the existing garage is so small that today's cars cannot fit into it. .If WITTINGTON RIDGE/APPEAL GEOTECHNICAL REPORT I ,- Jerrv Windschitl, 3640 l52nd Lane NW - is appealing the Andover Review Committee's determination that they cannot build 155th Lane NW in Wittington Ridge as presented by STS Consultants. In developing the final plans for Wittington Ridge, they ran into soils conditions that were more severe than originally thought. He then hired an expert in this area, who did a complete evaluation of the crossing and prepared an extensive report to the City to construct the road by placing a fabric over the organic soils, surcharging the organic soils and monitoring the settlements. Once the organic soils have consolidated, a portion of the surcharge is removed and the standard street section is constructed. Mr. Windschitl stated the City's engineering consultant agreed with the approach suggested by STS, yet the ARC Committee has denied the use of that method. He argued this method has been used before by the county where it has not been as successful as it should have been; however, the county's reasoning is because it was not constructed correctly. The county has subsequently used it in other areas and it was successful. He asked the Council to allow him to build the road as presented by STS and reviewed by the City's consultant, as that is the only viable way he has of making that crossing. The peat is simply too deep to dig out. It is a rural street that will have very little traffic, serving only seven or eight lots. .- '\ Regular Andover City Council Meeting Minutes - December 21/ 1993 Page 3 (Wittington Ridge/Appeal Geotechnical Report, Continued) The Council discussed with Mr. Windschitl the specifics of the proposed method of constructing 155th Lane, the concerns over the apparent lack of success of this method when used by the county, and other options available. The Council noted several places where this method had been used by the county that resulted in the road sinking and extensive repairs needed yearly. They did not know of any areas where it was done by developers in a plat. Mr. Windschitl argued this method was used by Andover several years ago when constructing the new Crosstown Boulevard, and there have been no problems in that instance. That road was done by the City under TKDA's supervision. If the construction is done properly, it has been found there are no problems. Mr. Stone only knew of this method being used on county projects. With such a high percentage of failure, he stated the Staff is concerned about the potential for high repair costs. With the limi ted budget on street repairs, a problem on this street could potentially use that entire budget. He didn' t think the City can afford to be installing the street using the proposed method. Also, with houses being built next to the street, if repairs are needed, it would mean coming right up to the houses. Mr. Almgren also felt that with a 75 percent failure rate, the City cannot afford to repair the road if it sinks or the fabric rips. That can happen any time, and the warranty on the road is for only one year. . Mr. Windschitl disagreed with Mr. Stone's comment, as there are no houses being built in this area. He felt the decisions should be made by the professionals, and both the experts and the City's engineering consultant have agreed with the proposal. The secret to this technology is making sure the work is done correctly up front. He stated he would be willing to talk about something reasonable on an extension of the warranty. He stated he simply has no other alternative because it is impossible to dig out all of the peat. Councilmember Jacobson felt the wording in the TKDA memorandum from Ralph Clare was cautious and guarded and did not constitute a clear statement that this method is the one to use. He was concerned that if there is a problem with the street, it would be very difficult for the City to get the money to fix it. Also, the warranty could not be extended without a substantial amount of escrow, which would tie up a lot of money for several years. Mr. Haas stated the ordinance requires a one-year warranty on the roads. This method has not been used for any other local city street. ;. Mr. Windschitl said another option is to try to get right of way between two lots coming out to l54th. He was willing to purchase it and build the road, but he has been unable to get agreements from the property owners. If the City would acquire the right of way, he stated he would be willing to pay for the cost of the right of way and to build the stub to 154th. Mayor McKelvey stated the neighborhood did not want a road to go out to 154th. There is the possibility of not developing those back lots until 'the property to the west or south develops. Mr. Windschitl stated that property is in Ag Preserve, so there is no hope of developing it in the foreseeable future. Regular Andover City Council Meeting Minutes - December 21, 1993 Page 4 (Wittington Ridge/Appeal Geotechnical Report, Continued) " Councilmember Jacobson was nervous with the TKDA memo because of so many warning words. He didn't think the City can take that risk. Councilmember Perry didn't find any assurances that the road will be problem free for the City. Councilmember Knight stated there is no question that this type of road is questionable. The potential is there to financially strap the City if there is a problem unless there can be an iron-clad warranty. Councilmember Dalien noted if the road fails, it creates a liability for the City to get access to those lots to the west. MOTION by Jacobson, Seconded by Perry, that the City Council, after discussion on the issue in Wittington Ridge appeal on the Geotechnical Report, the City Council concurs with the findings of the Andover Review Committee and recommends that this different type of road construction not be considered. Motion carried unanimously. Mr. Windschitl asked what he is supposed to do with the property now. Councilmember Jacobson suggested the front half of the property be developed first, or privately buy the right of way to get an access to the south, or come in from the north. Mayor McKelvey felt he should be able to dig out the peat. Mr. Windschitl stated he is told he cannot dig it out. He asked that this be decided on engineering fact, not on emotions; as two engineering firms have stated this is an acceptable way of doing it. The Council disagreed that TKDA was endorsing that method. Attorney Hawkins also advised the City does not have an obligation to make each piece of property in the City buildable. If the Council feels the engineering report leaves some doubt about whether the road is viable, then the property cannot be developed because there is no adequate access to it. Also, he didn't think the City should have to take the risk on having to repair the road if there are problems in the future because of the peat. INDIAN MEADOWS 4TH ADDITION SKETCH PLAN Mr. Haas reviewed the proposed sketch plan of Indian Meadows 4th Addition as requested by North Suburban Development. It is an R-1 Single Family development consisting of 30 lots. Park dedication has already been given. He also reviewed the concerns and comments from the Andover Review Committee, noting the revised sketch plan since the December 14 Planning and zoning Commission meeting to provide for better access for fire and police. The other concern is the three lots proposed on the cul-de-sac on Zea Street NW, as the ordinance only allows two lots to have frontage on cul-de-sacs. Allowing the additional lot will set a precedent. Mr. Haas also explained the reason for the ordinance change allowing only two lots on a rural cul-de-sac is to be able to divide the parcels to meet the 80-foot front setback line when sewer and water are available. All three lots proposed by the developer easily meet the 39,000 square-foot requirement. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AGENDA SECTION ORIGINATING DEPARTMENT APPROVED f\O. Non-Discussion/Consent FOR AGENDA ITEM Admin. f\O. BY: Approve Garbage Hauler vond.V Licenses v. . /1. The Ci ty Council is requested to approve licenses for the following garbage haulers: Michael P. Hall Williams Pickup Service , ) MOTION BY: SECOND BY: TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA f\O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, A~ Engineering~ APPROVED FOR AGENDA Non-Discussion/Consent Agenda ITEM f\O. Receive Petition/94-3/ 140th Lane NW B~ /~. The City Council is requested to approve a resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of street and storm drainage, Project 94-3 in the area of 140th Lane NW west of prairie Road. City staff has discussed this item with a couple property owners as to the cost estimates for street and storm drain improvements. Attached is a letter from TKDA relating to cost estimates. Seven (7) lots do exist along 140th Lane NW, only six (6) lots have direct driveway access to 140th Lane NW. We are suggesting 14030 prairie Road have an assessment for street and storm drain as the property did not receive an assessment for prairie Road. We are recommending the project proceed and schedule the public hearing on June 7, 1994, the day the city will be considering awarding the contract for Hills of Bunker Lake 5th Addition. The bid is including an alternate for sanitary sewer, watermain, street and storm drainage out to prairie Road. By doing this the property owners have a better idea as to the possible assessment. i MOTION BY: , SECOND BY: TO: / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREETS AND STORM SEWER , PROJECT NO. 94-3 IN THE 140TH LANE NW WEST OF PRAIRIE ROAD AREA. WHEREAS, the City Council has received a petition, dated March 17 , 19~, requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. ) 2. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of May 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk RECEIVED / ".'":~~ (O~'\.\ \. .J.. : \. ,,~ ,,'" ~..,~;..- CITY of ANDOVER MAR 1 7 1994 CITY Ot- ANLJOVER Date: March 16,1994 No. 91f-3 Gentlemen: We, the undersigned, owners of real property in the following described area: 140th Lane N.W. - from the Hills of Bunker Lake 5th EdItion to Prairie Road N.W. do hereby petition that said portion of said area be improved by Construction of City For an estimate per' property owner to curb and black top the above mentIoned road. and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. , 1 ; SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO 752-140th Lane N.W. x if :-< ^ /l 1 . ~ I I . / . This petition was circulated by: L>_il-(cL. l 'f- ~w,i.,.,)V ~. d1-1/Li..J.Jil-<.- Address: Q ,/t);-2-!4-nti..... Jvvv /,v'i,ULllt(i1,<..{.,V iJL':i...-"-r=:P'~(LI ,-,..J(V (Lf"MI7 1'Bf5 I Lf/2.3 , \ / ~ lI\ tr) c:) It\ 8u.nlce,. Lake ktivity ~ . 0 ~KER HILLS .-- 9'1-:3 / TKDA TOLTZ. KING, DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS' ARCHITECTS. PLANNERS March 22, 1994 1500 PIPERJAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL MINNESOTA55101.2140 PHONE:612t202.4400 FAX.:61 m02-OOB3 " Mr. Todd Haas City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55304 Re: l40th Lane NW Street and Storm Sewer Improvements City of Andover, Minnesota Commission No. 9140-940 lr'>.1k' ....... ...... _. 4~;{_9:~{t" ti '~;7';;;'" 'jr' . '~"'.' .~ ~..~. ...,9 Dear Mr. Haas: MAR 2 3 1994 CITY "'L.. . '-'f '4!\:~' H J'_~ . ~~ ,.' :::..~ As directed, encloRed please fInd a cost estimate for street and stann sewer improvements on 140th Lane NW frol11 the easterly line of the Hills of Bunker Lake - 5th Addition to Prairie Road. The CORts quoted herein are estimates only and are not guaranteed prices. Final contracts will be awarded on a unit price basis. The cost for these improvements would possible be less if , cunstructed with the Hills of Bunker Lake - 5th Addition improvements. The sUlTunary of estimated costs are as follows: Engineering, Legal, Fiscal and Administration Total Estimated Project Cost $46,650.00 17.200.00 $63,850.00 19.150.00 $83,000.00 Streets and ReRtoration StoHn Sewer Total Estimated Construction Costs If the project cost was split by the seven (7) abutting parcels, the assessment would be $83,000.Oon = $11,857.14jLot. If the project cost was split by the six (6) abutting parcels, (excluding the corner lot with access from Prairie Road) the assessment would be $83,000.00/6 = $13,833/Lot. As discussed previously, sanitary sewer and watermain would be constructed with the street improvements but would not be assessed until the homeowners cOlmected to the system. The current assessment rates for sanitary sewer and watermain are as follows: Sanitary Sewer Lateral Charges W atemJain L~lteral Charges Trunk Sanitary Sewer Connection Charge Trunk Watenllain COImection Charge Trunk Sanitary Sewer Area Charge Trunk Watennain Area Charge $22.00jLF $22.00jLF $275.00/Unit $1, l45.00/Unit $995.00/Acre $1,058.00/Acre Mr. Todd Haas Ma.rch 22, 1994 , Page 3 I PRELIMINARY COST ESTIMATE " 140th Lane NW Street and StOlm Sewer Improvements City of Andover, Minnesota Commission No. 9140 STORM SEWER Item No. 1. 2. 3. 4. 5. 6. Description 12" RCP Class 5 Stonn Sewer 15" RCP Class 5 Storm Sewer 18" RCP Class 3 Stonn Sewer 18" Flared End Section 4' Diameter Catch Basin Manhole Cable Concrete ) Subtotal Contingencies Estimated Construction Cost Sincerely, ~441L-- Thomas A. Syfko, P.E. T AS/mha Ouantity 32.0 LF 400.0 LF 60.0 LF 2.0EA 4.0EA 128.0 SF Unit Price $17.00 18.00 20.00 700.00 1,100.00 7.00 . Amount $544.00 7,200.00 1,200.00 1,400.00 4,400.00 896.00 $15,640.00 1.560.00 $17,200.00 Mr. Todd Haas March 22, 1994 Page 2 , ) PRELIMINARY COST ESTIMATE " 140th Lane NW Street and Storm Sewer Improvements City of Andover, Minnesota Commission No. 9140 STREETS AND RESTORATION Item Unit No. Description Ouantity Price Amount I. Common Borrow . 300.0 CY $4.00 $1,200.00 2. Common Excavation 2,000.0 CY 3.00 6,000.00 3. Subgrade Preparation 9.5RS 100.00 950.00 4. Surmountable Curb and Gutter 1,830.0 LF 5.00 9,150.00 5. B618 Concrete Curb and Gutter 40.0 LF 6.00 240.00 6. Class 5 Aggregate Base 816.0 TN 7.00 5,712.00 7. Bituminous Wear Course 468.0 TN 24.00 11 ,232.00 8. Topsoil Borrow 445.0 CY 8.00 3,560.00 / 9. Sodding 1,560.0 SY 2.50 3,900.00 10. Seeding 0.32 AC 1,000.00 320.00 II. Silt Fence 50.0 LF 3.00 150.00 Subtotal $42,414.00 Contingencies 4.236.00 Estimated Construction Cost $46,650.00 j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA f\O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, ~:K Engineering ,("T APPROVED FOR AGENDA Non-Discussion/Consent Agenda ITEM f\O. Approve state Aid Resolution/ 91-22 /..L BY:~ The City Council is requested to approve the resolution approving the expenditures off the Minnesota State Aid Street System and onto the County State Aid Highway System within the City of Andover for Project 91-22, Round Lake Boulevard NW. ) I MOTION BY: , SECOND BY: TO: ,. \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE EXPENDITURES OFF THE THE MUNICIPAL STATE AID STREET SYSTEM AND ONTO THE COUNTY STATE AID AND HIGHWAY SYSTEM WITHIN THE CITY OF ANDOVER. WHEREAS, it has been of Andover to participate located on (C.S.A.H.) No. municipality; and deemed advisable and necessary for the City in the cost of a construction project 9 within the limits of said WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as (S.P.) (S.A.P.) No. 198-020-08 NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $147,427.03 dollars to apply toward the construction of said property and request the Commissioner of Transportation to approve this authorization. Adopted by the City Council of Andover this 3rd day of ___ May , 19 94 CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA f\O. SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, ,~ Engineering ~ APPROVED FOR AGENDA ITEM f\O. Approve State Aid Resolution/ 91-28 B~ PI. The City Council is requested to approve the resolution approving the expenditures off the Minnesota State Aid street System and onto the County State Aid Highway System within the City of Andover for Project 91-28, Bunker Lake Boulevard NW. MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE EXPENDITURES OFF THE THE MUNICIPAL STATE AID STREET SYSTEM AND ONTO THE COUNTY STATE AID AND HIGHWAY SYSTEM WITHIN THE CITY OF ANDOVER. WHEREAS, it has been of Andover to participate located on (C.S.A.H.) No. municipality; and deemed advisable and necessary for the City in the cost of a construction project 16 within the limits of said WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as (S.P.) (S.A.P.) No. 198-020-09 NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $11,650.66 dollars to apply toward the construction of said property and request the Commissioner of Transportation to approve this authorization. Adopted by the City Council of Andover this 3rd day of ___ May , 19 94 CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA f\O. ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~fY SECTION Non-Discussion/Consent Agenda ITEM f\O. Accept Easement/91-10/Lund /s: APPROVED FOR AGENDA BYV The city Council is requested to accept the permanent easement from Darrell J. Lund, property owner at 2128 - 159th Lane NW, for construction of storm sewer for project 91-10. \ MOTION BY: SECOND BY: TO: ) EASEMENT GRANT THIS EASEMENT, made this _ day of ,19_, by Darrell J. Lund Grantors, to the City of Andover, a municipal corporation, Grantees, County of Anoka, State of Minnesota. WITNESSETH, that Darrell J. Lund, Single, do hereby dedicate to the City of Andover a permanent easement over the land located within the City of Andover, County of Anoka, State of Minnesota, described as follows: An easement for drainage and utility purposes over that part of the East 132 feet of the West 396 feet of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 15, Township 32, Range 24, Anoka County, Minnesota, Except Road. Said easement is described as follows: An easement for drainage and utility purposes 10 feet in width over, under and across the above described property, centered on the following described centerline: .' Beginning at a point that is 84.4 feet West and 99.3 feet North of the Southeast corner of said property, thence Southeasterly a distance of 123 feet, more or less, to a point 12.4 feet West of the Southeast corner of said property and there terminating. IN WITNESS WHEREOF, presents to be executed or have set their hands the IN PRESENCE OF: -/w/d I ~ ; I / STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA On this //~day of a .-'"/<v, 190-". before me, a notary public within and for said County. personally appeared r-"Jo//._, /l .'/:~." /-t . a single person, to me known to be the person(s) described in and who executed the foregoing instrument and they executed the same as their free act and deed. 1-@l7SHIRlEYA'ClINTON'- 4< ~ c-,4 r;~'.v~ ~!I. NOTARY PUBLIC-MINNESOTA Notary Public . ANOKA COUNTY My COrMllSSIOn Expires Oct. 12. 19ge ~ . NOTICE IS HEREBY GIVEN that the City of Andover. County of Anoka, State of Minnesota, has accepted on . 19_, the above described easement in this document. Dated: ,19_ CITY OF ANDOVER (SEAL) By Clerk I < 7 - o , !" -, !I i.- ~~ ~... . . R . . F" I ,:,- (;;7 ) " I '-Hfs :ft?7> Ie; tfzJ/V{/~'2EI,-;; ,_ ' , t;?/GU!J d --:::o~Zl-/g_,/'~ t/qop it, t ~.~ J . ~ ._ _ _ 1 n . - L . .'! , "_;+:- _:_ n ' : ! ' ~ , . t~ I~ J ~-:-, ," ) " . I -- - -~ - --- -' ~ .,~ r------- . ~ J I f "" / / 01" ~ / ~/ I ..._ _ _ _ _ _" _ _ ..J . --------: --..., ,.. ... - r . ~ . ! ! .r ~ ~ , . L. 'p.-. _. ~'_'::'~ .;~. h-.... - . . () .'-' ~ ~4' ,\".:.:, . '1 . f "d1O-t./ .. ) / .., , { l..// :// (" , ,) -:..' ( -I- 0 7';:j ''''-1 .'O<J j-Y. ,v /Y .-7U..?/ /1 -~; -I. V ~'Ot.uOy / - <..--" I / . ..: . " ... ". \- ~ 1. \y ~ . ~ l.!l ;g ifi ~ I- 1. IU j Z ~ E fJ.1 & ~. @ ~ -z g 5 r~ .; ill rl I I I I I I lJ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA f\O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~ APPROVED FOR AGENDA Non-Discussion/Consent Agenda ITEM f\O. Accept Petition/93-18/ Pine Hills Area BYv /~. The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of streets, project 93-18, in the area of Pine Hills. Total number of possible assessable lots - 21 Number in favor - 16 Number against - 3 Number unavailable - 2 Note: The property owners repetitioned the area with the understanding that a 10 year assessment to the property was acceptable. MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREETS , PROJECT NO. 93-18 IN THE PINE HILLS AREA. WHEREAS, the City Council has received a petition, dated April 18 , 19~, requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to BRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of May 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk ) i (}).-...." \.L"\. ,: /" . -.;...l't-:....'::........ CITY of ANDOVER 1Th.CE l'VED APR 1 8 1994 CITY Vi "'~'-'vvER Date: 7''-- 15- 9V " No. q3-18 Gentlemen: We, the undersigned, owners of real property in the following described area: PI ~ ..p IIrLI.~ do hereby petition that said portion of said area be improved by Construction of City " {l-<,rf s: and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. / SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION 17:)l-;A.'f YI cO/;; YES NO ;,.---- , I I / i " x 1'12' This petition was circulated by: "'=" L.-tL( 05 ,~ Address: (-) fln/D C;J(.JG\...1 .C"'1' "'-"':"- (rJ~. .'.........,\ \. 6 .- . ~ ~ '" .,."!I . t...~:..............j' CITY of ANDOVER DECElVED " APR 1 8 1994 CITY OF ANuOVER Date: ~/- /5' -77'" No. 93-/8 Gentlemen: We, the undersigned, owners of real property in the following described area: h/le Iff LL- 5 4c1~ do hereby petition that said portion of said area be improved by Construction of City <5"-r/lef'//:5 and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. " / - SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO OIl()3 1\ x ~ 2-- This petition was circulated by: Q,-p~ Address: G /667{) t2/~ ~ .~' ~'.. ~ -' 1~'J.::i . I .....L . . ,. 1-_""'''''''\\' "C.. r(~ n . . . '. .<<' ., . .I,..:'::':~'_:'::; " z"". ITjS"'1jA- TF Sill: , \'\! . . ....1 . ' . ,-~~.. . r- r. , ", r 's" .' ~'.'i"' . . ..... '-.. ',. .' .' ~P;NE' . ~~~.~ <~~I .z~. hi"'K l4oUc-'.fC:-:.. 'j~+ -- ""[ .':;:;:.' "~'7.T,~/ "Clfti.r. . 'I,,,"i'~~:,-~, . A;D'P/TjON' S' .:--.:..... ~ . ~. ~-:~ ...~-~..:;'~"'~~j.".t:r....A' : I, iU1LlS.I'E\ ~~2o ' , ~ld'^~~o..'Y'-'~IO:~ i":~1~E~;t~;. : ~.'~' ~ 'ESTA?l3sorff'S1l' ,0 o '. f\~ "'. . - '. ",;,,":.ow .~.~ . 2 I)', 0 :!:~;.og- ; ~~Lr~'/~ "1i-~~~.c. I . L~.: ,.!~ v-;- ." 0 ~ 'I! ~~~~ \1 ;~~'.~:!-7 ~~1~ I IZ ,Ill ~:'f~1~_ _ I";- . A . ~;::;j 11 IT -I .. ,. .- , ' ".... '-- " , ~II 'I 1 . . i;:'-,;- r- ~, I 1 I ~ . ." Y to'(fi , -mL . I -.;.~~~~~~ i I /'~ 1\ -l. '7 5' .t~rl ~l' /I rH " 1 I ! '\ a, ~ ~~ /.~ : \ r- -r-LT !j ~ / r L: ~ . . _. I .1 /; 1 --- '\. .L~' " ~~ ~\~i' l,tl'!'I": ~, / / ?,~'\')(' IL-.l.-= . . i~, - ~ \_____.1. l ~ ' I. h f- I, 1 ~ . .. ~ t- 1 :=: ~ ~p/~E- r-'1:' I ", " . \.~. ~ I: 1'/ '-Ht4f;;~V.~ --. 1-1-- =- --"'~- ........-._ _'_. - t--i- f / . I 0 I J 1 H :A..: \ . .... 1 ~ r---~ ._,..~'r- ~j, ---t .~. II' ,- ::::.'t\'. :\"sf\ .J -- I'. r- )i.:.",- !I h....1if- . ~ ,....... / ~ -. V ~ . ." / .. J- ",.. :--i/~' j / ,. I-y - - 'I, -. ._~~; 'j . .j.; "/< ~,' ~ . 'l,' ~I .-.....::.110 . .414' 'K I';\''t-- . 1";'\ G 'E, ~ ~6 ,~ 1 :'~i;:b'), ..... ';': > :~:.}t ~~. .~. ~.'8.~ ~~ ;-~ ,,' II~ ' l .' t "AT,ES ~,. --~, I :/12 '. . , 'U ~ " ~ - --L. -'- i \\ ! ~;Sf~' ~j . !,.~ ,\ 1 ! ,.o~/ ' " 111. ,i<5!'r<5, h FP $ ~"~ ,j , -------- /.>~ "~. .... / ~~ ----- ./ /- .. Ll, i 1 _ ! I 1 1 ........ I I t--', 1 1 1 I---- I I I 1 ~ : I 1 \ ". ' . . NtUit~ALC t--~ . . " lID, 0 -i' . . (~~ 11 '- ~ .. . . ....,. I- , :t I in j~ I r'" ='" ,5 .:.... ,. . 5 ' , . . , 0 ... . I I I I I i ) I. .----..~ u'" T - KEt.,5f.,'f. ~ , , " - '1 . ' .... ' ~~ ~~"}:, ',' ., ! . A --....;'~ .;,....-/: '., 1 - /-- '''l'l'1"I''/-..('' :~' , . ROUND LAKE ) I 1 ",'l, " .~ ;TA7i.4 " I ." ' 11411 , . :~ '~~~. .'-~ "j - -~~ I r , I. I I , . -+---r-t--------- ~- ~I~ , , CITY OF ANDOVER .I REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA f\O. SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineeri~ APPROVED FOR AGENDA ITEM f\O. Accept Feasibility Study/93-18/ Pine Hills Area p /1, The City Council is requested to approve the resolution accepting feasibility report and calling public hearing on the improvement of Project 93-18 for street construction in the Pine Hills area. A copy of the report was in your February 15, 1994 packet. The only change that needs to be made is the schedule on Page 6. Everything will shift back by approximately 2 months. MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION RECEIVING ON THE IMPROVEMENT OF PROJECT NO. 93-18 AREA. FEASIBILITY REPORT AND CALLING PUBLIC HEARING STREETS IN THE PINE HILLS WHEREAS, pursuant to Resolution No. , adopted the day of May 3 , 19 94 ,a Feasibility Report has been prepared by BRA for the improvements; and WHEREAS, such report was received by the City Council on the 3rd day of May , 19 94 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 117,250.00 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. 93-18 , 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 $ 117,250.00 3. A public hearing shall be held on such proposed improvement on the 17th day of May , 19 94 in the Council Chambers of the City Hall at 8:01 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 3rd day of May 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk , May 3, 1994 CITY OF ANDOVER / REQUEST FOR COUNCIL ACTION DATE AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Aqenda ITEM f\O. T'odd J. Haas, Engineering~ Request Speed Study/ University Avenue II. The City Council is requested to approve the resolution requesting a speed study along university Avenue NW between 157th Avenue NW and Constance Boulevard NW. City staff has received a couple calls from property owners regarding excessive speeds. This will be a joint request with the City of Ham Lake. MOTION BY: SECOND BY: TO: ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION REQUESTING A SPEED STUDY ALONG UNIVERSITY AVENUE NW BETWEEN 157TH AVENUE NW AND CONSTANCE BOULEVARD NW (CO. RD. NO. 60) IN THE CITY OF ANDOVER. WHEREAS, the Minnesota Department of Transportation is requested to do a speed study as a joint venture with the City of Ham Lake. WHEREAS, the City of Ham Lake also requested MNDOT do a speed study along this section of University Avenue NW. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby request a study with MNDOT along University Avenue NW between 157th Avenue NW and Constance Boulevard NW (Co. Rd. No. 60). Adopted by the City Council of Andover this 3rd day of ; May , 19 94 CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk / '\ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA f\O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineer~ APPROVED FOR AGENDA Non-Discussion/Consent Agenda ITEM f\O. Accept Petition/Sharon's 2nd Addition/94-7 -"&;1 /'1. The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain, street and storm drain, Project 94-7, in the area of Sharon's 2nd Addition. MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 1 J RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN PROJECT NO. 94-7 , IN THE SHARON'S 2ND ADDITION , AREA. WHEREAS, the City Council has received a petition, dated April 20, 1994 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 , J 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of May 19 94 , with Counci1members voting in favor of the resolution, and Counci1members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk ) 9-'1- 7 r@J ~fLs,1 Custom Built Homes Residential Real Estate " April 19, 1994 RECEIVED APR 20 1994 CITY (Jt- ANUOVER City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RE: PROPOSED Sharon's 2nd Addition SUBDIVISION Dear Mr. Fursman: Raintree Realty, Inc. does hereby petition for improvements by the construction of water main, sanitary sewer, storm sewer and streets with concrete curb and gutter with the costs of the improvement to be assessed against the benefiting property which is described as: '\ ) (PROPOSED PLAT NAME) Said petition is unanimous and the public hearing may be waived. (OPTIONAL) We request that a feasibility report be prepared as soon as possible. We have enclosed a check for $1000.00 for the feasibility report expenses (THE $1000 WILL BE CREDITED TOWARD 15% IMPROVEMENT ESCROW). Sincerely, ;(~tt: ~ Property Owner and/or Developer J Raintree Realty, Inc. 11925 Highway 65 N.E. Blaine, MN 55434 (612)755-7750 / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA f\O. SECTION ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA Consent Agenda Non-Discussion Items ITEM f\O. Receive March 1994 Financial statements Daryl E. suland~~~ Finance Director U~ BE?- dO. REQUEST The Andover City Council is requested to receive the March 1994 financial statements for the General, Water, Sewer and Central Equipment Funds. Please note: 1) As in past years, the First Quarter expenditures are minimal. The main reason for minimal activity is due to cash flow. Without much revenue activity, the expenditures for most of the first six months of the year are dependent on the cash reserves accumulated within fund balance. Also, many invoices for services provided in March are not received and subsequently paid for until April. 2) The $92,057 premium for property, equipment, vehicle and municipal liability insurance has been distributed to the various operating department budgets. The 1994 premium is a 6.7% increase over 1993. The 1994 Worker's Compensation Premium is $47,083 of which $12,450 is charged directly to the Fire Department budget. 3) Three purchases have been authorized using the contingency account for funding as follows: 1994 Adopted Budget: Appropriations: Additional N.M.M.A. PUblic Works Phone upgrade City Hall/PW Garage Roof Study $25,000 1,000 4,000 800 Remaining Balance: $19,200 MOTION BY: SECOND BY: TO: 4) The billing for first quarter water, sewer and street light j services was prepared and released in April. Revenue from this billing will be recorded and reported with the April statements. As with the General Fund, the utility funds also rely on prior year reserves to pay the bills during the first half of the year. The M.W.C.C. monthly installment amount of $30,240 for sewage disposal is due by the 5th of each month. 5) The inter-departmental charges for equipment "rental" used to fund the Central Equipment Fund operations is recorded quarterly. The first quarter entry was recorded in March. Should there be any questions regarding the information presented, please contact me prior to the meeting so I may have adequate time to research the question. / ) / CITY OF ANDOVER YU"R TO DATE SU~t\\1/,RIES GENERAL, WATER, SE\vER AND CENTRAL EQUIPr,,1ENT FUNDS As of 3 1/;1.31'% G ENE R A L FUN D REVENUES ----------------------- ----------------------- GENERAL PROPERTY TAXES BUSINESS LICENSES J~,D PERMITS NnH3USINESS LICENSES << PER~HTS Building Related Other' INTERGOVERN~1ENTAL REVENUE d l/\RGES FOR SERVICES ~;tr'eet L; ght; n9 Othel' COUFa FINES SPECIAL ASSESSMENTS m~:CELLANEOUS REVENUE Intel'est Eal'ned Re,funds and Reint>ursem2:nts Other' TRN,~:FERS FF:C(;1 OTHER FUNDS FI'OIll Admi n. TI'ust Fund Fr'ofll TIF 1-1 Fund FrOlll TIF 1-2 Fund Revised Bud'::Jet 1,1,91,885.00 11,,000.00 265,855.00 8,100.00 711,,591...00 91,1,00.00 38,900.00 37,000.00 3,000.00 33,000.00 31 ,000.00 1,,600.00 65,OOll.00 21,,000.00 6,000.00 TOTAL GENERAL FUND REVENUE 2,828,33/...00 --------~---- ------------ Year' to Date Pc,r'centa'::Je Actual Remaining 100 1,,591,.00 67 78,026.20 70 1,312.00 83 73,631.50 89 582.11 99 12,229.65 68 5,31,1,.35 85 100 100 1,571,.73 91, 1 ,699.69 63 100 100 100 ------------ 179,291,.23 93 -------y--~._- ------------ CITY OF ANDOVER YE!\R TO DATE SU~'~'<lARIES GENERAL, WATER, SEWER M~D CENTRAL EQUIPMENT FUNDS As of 311'1,]1"94 G ENE R A L FUN D E X PEN D I T U RES ----------------------- ----------------------- ~'''\YOR M<D COUNCIL NEWSLETTER ELECTICN::: ADMHnSTRATICN FINANCIAL !{)r.,jItnSH:ATICN AUDITING AS~:ESSING ATTORNEY \'LM~NING M~O ZClNING DATA PRc-::ESSING CITY HALL BUILDING FIRE STATICN BUILDING PUBLIC ~;'ORKS BUILDING SENIOR CITIZEN'S CENTER EQUIPMENT BUILDING CITY HALL GARAGE ENGINEERING TOTAL GENERAL GOVERNt,1EtH POLICE PROTECTION F'IRE PROTECTICN PROTECTIVE INSPECTICN CIVIL DEFENSE ANIMAL CONTROL TOTAl. PUBLIC SAFETY , 1 " Revised l3ud'Jet 1,7,320.00 5,555.00 11,210.00 144,225.00 121~,575.00 11,000.00 53,860.00 51,660.00 82,720.00 21;,1;00.00 1;6,01,0.00 32,520.00 21,835.00 9,270.00 3,240.00 560.00 82,880.00 752,870.00 433,931;.00 309,188.00 177,570.00 3,425.00 9,950.00 931;,067.00 Year' to Date J\ctua 1 18,835.56 1,074.83 1;6,698.31 29,526.31 2,1;36.00 53,853.00 12,181.68 12,099.89 11,232.1;8 11,81.6.86 9,261;.16 5,219.17 2,451;.66 393.58 111;.05 16,333.10 2%,163.64 53.63 67,882.32 46,613.65 511; .16 2,209.61 117,273.37 Percentage Renuinin9 60 80 100 67 76 77 CI 75 85 53 74 11 76 73 87 79 80 68 99 78 13 81; 77 81 , ) CITY OF ANDOVER YE/,R TO DATE SUI/MARIES GENERAL, WATER, SEWER AND CENTRAL EQUIPMENT FUNDS A3 of 31Mat'94 G ENE R A L FUN D E X PEN 0 I T U RES ----------------------- ------------------------ ~;TREETS N~D HIGHI-JAYS SNOW Nm ICE REI.rJVAL ~;TOF~~1 ~H!E RS STREET LIGHTING ~;TREET SIGNS TRAFFIC SIGNALS STREET LIGHTS-BILLED TREE PRESERVATIC~/MAINT '1lED CCNTRCt RECYCLING TOTAL PUBLIC WORI<S ,'ARI<S Nm RECREATIa~ ECONOMIC DEVELOPMENT UN/\LLU2ATED C)TI--lER FINANCING USES Revised Bud,]ct 318,690.00 180,815.00 25,670.00 19,650.00 43,160.00 13,680.00 73,775.00 24,380.00 8,630.00 40,115.00 748,565.00 283,772.00 22,160.00 53,900.00 33,000.00 TOTAL GEIJERAL FUND EXPENDITURES 2,828,334.00 \ ) ~._-- -- - - - -- -- -. -- -- - - - -- -- Year' to Date Actual 32,526.43 43,381.90 1,672.28 2,781.48 4,812.83 8911.85 13,975.63 2,891.42 308.82 5,533.61 108,779.25 40,553.85 4,980.03 35,533.00 3,2711.24 544,557.38 -- - --- - - -- - -.- -.- _._._____n____ Per'centa'::J8 Rem3;ning 89 76 93 8'- ,) 88 93 81 88 ~16 88 85 85 77 31, 90 80 \ j CITY OF ANDOVER YEAR TO D/\TE f;Ufli'1ARIES GENERAL, WATER, SEWER AND CENTRAL EQUIPMENT FUNDS A:3 of 3 1r..t')t'91~ W ATE R FUN D REVENUES ------------------- ------------------- WATER SALES r..1ETER SALES PERf.\IT FEES MISCELLANEOUS REVENUES TOTAL WATER FUND REVENUE I IV ATE R FUN D E X PEN S E S ------------------- ------------------- SOURCE, STORAGE N~D TREATMENT DISTRIBUTICN ADr.uNISTRATIO'~ TOTAL WATER FUND EXPENSES ) Revised 8ud':J2t 332,000.00 42,000.00 18,000.00 14,000.00 406,000.00 ~.-.~--------~ .. -- - - - - - - --- 119,150.00 169,625.00 117,225.00 1106,000.00 ------------- ----- ----~--- Year to Date i\ctua 1 1,813.27 11,342.00 1,,350.00 267.28 17,772.55 ...--.---------- ------------ 7,811..72 38,883.17 10,502.15 57,200.011 --- --_Y.- __ _~~__ -.- --- -.--_.- _.~- Percentage Remaininq 99 72 75 98 95 93 77 91 85 , I J CITY OF ANDOVER YEAR TO DATE SU~~V\RIES GENERAL, WATER, SEWER AND CENTRAL EQUIP~1ENT FUNDS A:> of 31Mal'94 SEW E R FUN 0 REVENUES ------------------- ------------------- SEI'/ER CHARGES INTEREST REFUNDS fND REI~EURSEMENTS TRANSFER FRO~l SEW[:R CCNN. FUND TOTAl_ SEWER FUND REVENUE J SEW E R FUN 0 E X PEN S E S -------------------- -------------------- CCHECTICN ~~2tr'opo 1 Han Waste Conh'o 1 Other Expenses J'Dr.ntnsTRATICN TOTAL ~;nJER FUND EXPEN~;ES Revised Bud':Jet 563,300.00 6,000.00 30,500.00 599,800.00 - --- - - --._- - ---- -----------~- 362,880.00 140,770.00 86,150.00 599,800.00 ___v~________ _________.v__ Yet,r' to Date Actual 3,233.61 3,233.61 _ -- _ ___v _ ___ ___ ------------ 120,960.00 11,651.42 10,046.99 142,658.41 ------------ ------------ per'centage Remod n i n':J 99 100 100 99 66 91 89 76 l I CITY OF ANDOVER YEAR TO DATE surlU',.'ARIE~; GENERAL, WATER, SEWER M~D CENTRAL EQUIPMENT FUNDS As of 31/<1.31'94 Revised B ud'J<;t Year' to Dute Actual Per'cent2i'::J0 Rem3i ni n9 CENTRAL EQUIPMENT FUND REVENUE ----------------------- ---------------------- CH/,RGE~; FOR SERVICE EQUIPr'1ENT RENTALS 166,770.00 41 ,692.50 75 TOTAL CHARGES FOR SERVICE 166,770.00 1, 1 ,692.50 75 t,lISCELLM~EC)US REVENUE INTEREST EARNED SALE OF USED EQUIPI>1EtH REWf',URSEI>1ENTS USE OF WORKING CAPITAL 2,000.00 100 123.80 TOTAL MISC REVENUE 168,770.00 41,816.30 75 TOTAL REVENUE 168,770.00 41,816.30 75 -- -~, - ~-- ---_.. ------------- -~.~,,--------- .~ - - -- - - - - - -- CENTRAL EQUIPMENT FUND EXPENSES ---------------------- ---------------------- PER~;CX~AL ~;ERVICES OPERATING SUPPLIES & MAINT INSURN~CE CCNTRi-\CTUAL SERVICE:3 CCNTINGENCY CNJITAL OUTLAY TOTAL FUND EXPENSES 41,560.00 9,699.79 76 76,200.00 8,643.17 88 18,500.00 11,,533.00 21 16,800.00 2,580.25 81, 15,710.00 1,,003.15 71, ------------ ------------ 168,770.00 39,850.86 76 ------------- __n_________ --. -- - -- - - - -- --- - ._--~--- --- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 19, 1994 AGENDA f\O. ORIGINATING DEPARTMENT SECTION Non-Discussion/Consent Agenda Dick Fursman, Administration ITEM f\O. Adopt Resolution Supporting Legislative Initiatives Oll. Staff recommends that the City Council adopt the resolution supplied by the North Metro Mayors Association supporting legislative initiatives for the 1994 session. The resolution will then be forwarded to representatives and senators in the area. All of the initiatives supported by the North Metro Mayors Association are to the benefit of Andover or treat Andover in a benign fashion. MOTION BY: SECOND BY: TO: APPROVED FOR AGENDA BYV , I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION SUPPORTING LEGISLATIVE INITIATIVES FOR THE 1994 SESSION. WHEREAS, the North Metro Mayors Association is comprised of the following cities: Andover Brooklyn Center Columbia Heights Dayton MCDA Oak Grove Anoka Brooklyn Park Coon Rapids Ham Lake New Brighton Robbinsdale Blaine Circle Pines Crystal Minneapolis New Hope Spring Lake Park WHEREAS, the North Metro Mayors Association, for the past two years, has aggressively worked with members of the State Legislature to address the problems of the North Metro area, and WHEREAS, Representative Myron Orfield has provided the initiative with his in-depth studies of the area's demographics, and / WHEREAS, this data provided the basis for his legislative initiatives he introduced and pursued during the 1993 Legislative Session, and WHEREAS, the North Metro Mayors Association, in 1993, unanimously supported Representative Orfield's legislation of Comprehensive Choice Housing, Transportation and Agricultural preserve, and WHEREAS, the above referenced bills passed the legislature however the Governor vetoed the Comprehensive Choice Housing and Transportation legislation, and WHEREAS, Representative Orfield re-introduced the Comprehensive Choice Housing and Transportation legislation in 1994 along with initiatives to provide communities with additional resources to address their housing needs which includes - but not limited to - the problems of blight and housing in need of rehabilitation, and WHEREAS, Representative Orfield's method of providing the additional resources is by capturing the value of higher priced homes and placing the generated funds into fiscal disparities, and ) WHEREAS, members of the North Metro Mayors Association have expressed concern with using fiscal disparities to address the housing issue - as it could lead to negative tampering with the program, and J WHEREAS, there is concern of its affect on the tax base of a community, the county and the school aid formula, and WHEREAS, there is concern as to the fact that this legislation would be retroactive rather than proactive, and WHEREAS, the North Metro Mayors Association realizes, as an organization, that the ramifications of this legislation will impact each member community differently, and WHEREAS, the Association also recognizes the need for additional resources to meet the housing needs of member communities and that most cities in the North Metro area have a diminishing tax base. NOW THEREFORE BE IT RESOLVED THAT the North Metro Mayors Association takes the following position regarding the aforementioned legislation being considered in the 1994 Session: 1. Support the Comprehensive Choice Housing legislation (HF #2171), including any penalty provisions, 2. Support the "Full Community Access" Transportation legislation (HF #2173) and the Metro Manifesto relating to trunk highways 610, 10 and 100, 3. Support housing fund legislation which would not create negative effects on the housing development or the tax base of the North metro communities, 4. Support any funding which directs production of affordable housing, include the following provisions as per Mayor Edward Erickson (member of the Governor's Task Force on Metropolitan Housing Policy): a) Affordable housing, multiple or single family, should be "scattered site" housing b) Development incentives should be allowed to write down the cost of the land and the installation of utilities in the more affluent suburbs c) Require developments to contain a minimum of 30% of affordable housing with the remaining portion be market housing when using any governmental funds or development tools 5. Support the Sustainable Development legislation (HF #2126) which establishes a task force to study state land use planning, 6. Appose any change to the current fiscal disparities law, 7. Urge the members of the legislature and the Governor to come together, in a bi-partisan effort, to resolve these issues during the 1994 Legislative Session which are urgent and necessary to the well being of the citizen's of the metropolitan area. Recognizing that if the divergent parties can come to an agreement, the Association would accept such legislation as long as the goals address the housing and transportation needs of the North Metro area. I Adopted by the City Council of the city of Andover this day of , 19 CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA f\O. SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineerin~~ APPROVED FOR AGENDA ITEM f\O. Accept Easements/93-9/ Xeon Street BY~ ~;<. The City Council is requested to approve accepting the necessary easements for Xeon Street NW, Project 93-9. The descriptions have been reviewed by TKDA and are acceptable. The deed will be available at the City Council meeting if so desired. Note: By approving this item a check in the amount of $16,100.00, which was agreed to by the City Council, is in your payment of claims for approval. MOTION BY: SECOND BY: TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 3, 1994 AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM f\O. Adopt Resolution SWMCB Environmental Procurement policies Daryl E. su1and~~/ Finance Director~ BY: V c:l3. REQUEST The Andover City Council is requested to adopt the attached resolution promoting the waste reduction, recycling and landfill abatement practices to followed by the City as recommended by the Solid Waste Management Coordinating Board (SWMCB). BACKGROUND , I The Anoka County Board adopted the Solid Waste Management Charge Appeal Process on April 12, 1994. The City of Andover is eligible for a 40% reduction in the solid waste fees charged for 1994. By adopting the attached resolution and following the SWMCB "Environmentally Responsible Procurement Policies", the City will be eligible for an additional 20% reduction of the solid waste fees. The solid waste fees charged for 1994 are as follows: City Property 1994 Fee Billed 40% Reduction 20% Reduction --------------- City Hall Public Works Fire Station 1 Fire Station 2 $ 259.72 259.72 259.72 259.72 $ 103.89 103.89 103.89 103.89 $ 51. 94 51. 94 51. 94 51. 94 MOTION BY: SECOND BY: TO: \ j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R A RESOLUTION PROMOTING THE GOALS OF WASTE REDUCTION, RECYCLING AND LANDFILL ABATEMENT IN ORDER TO PROTECT THE CITIZENS OF ANDOVER, THE PUBLIC HEALTH AND THE ENVIRONMENT. WHEREAS, the City of Andover acknowledges the benefit to the city, its citizens, the public health and the environment resulting from the Anoka County Integrated Solid Waste Management System; and WHEREAS, the Minnesota Legislature has established a hierarchy of preferred waste management practices, set forth in Minnesota Statutes 115A.02 and incorporated into Anoka County'S Solid Waste Management Master Plan, encouraging waste reduction and recycling as the highest priority for the State with the goal of abating the use of landfills; and WHEREAS, the City of Andover wishes to promote the goals of waste reduction, recycling and landfill abatement in order to protect its citizens, the public health and the environment. NOW, THEREFORE, BE IT RESOLVED that the City of Andover agrees to use its best efforts to recycle 50% of the waste generated on its tax exempt properties and to reduce the amount and toxicity of the waste it generates by implementing policies adopted by the Solid Waste Management Coordinating Board on October 28, 1992. Adopted by the City Council of the City of Andover this 3rd day of May , 1994. CITY OF ANDOVER Attest: J.E. McKelvey - Mayor Victoria Volk - City Clerk !__....'y..:>'.'... "eJ.: .......-,.,,....,....,.,~......___ ~....,:.".. ~ ".' ....-; ,- . ~ .-- . .. , .. .~, . , '- '... ~c:,.~ . . \ ""~'-'.~' " ,. '.' Office of ANOKA COUNTY SHERIFF ~--". KENNETH G. WILKINSON '... "'~" ~ECir:- ... ~lll:tJ) 325 Jackson Street - Anoka, Minnesota 55303 M4 Y 612-421-4760 Fax 612-422-7503 C'"J-v 2 799'4 I, OF' A./V001' vE:R CITY OF ANDOVER MONTHLY CONTRACT PRODUCTIVITY REPORT MONTH: March , 1994 This report reflects the productivity of the Andover contract cars, 3125, 3135, 3145 and 3155. It does not include activity by Sheriff's Department cars within the City during non-contract hours, nor, activity by other Sheriff's Department cars within the City during contract hours. Arrests: Traffic 27 DWI 4 Radio Calls 572 Complaints 348 Medicals 10 P.1. Accidents 5 P.D. Accidents 9 Domestics 19 House Checks 44 Business Checks 405 Arrests: Felony 2 8.M. 2 Misdemeanor 8 Arrests: Warrant 9 Papers Served: 1 Warnings: 22 Aids: Public 80 Other Agencies 62 . TOTAL MILES PATROLlED: 8,701 CAPTAIN LEN CHRIST ANOKA COUNTY SHERIFF'S DEPARTMENT PATROL DIVISION -6- Affirmative Action I Equal Opportunity Employer CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. · ANDOVER, MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Mayor & City Council Departments David Almgren May 2. 1994 APRIL 1994 Monthly Building Report I hereby submit the following report of the Building Department for the Month of April 1994: BUILDING PERMITS 31 Residential (25 Sewer/6 Septic) 3 Additions 8 Garages 3 Remodeling/Finishing 1 Commercial Building 4 Pole Buildings/Barns 2 Sheds 3 Swimming Pools 2 Chimney/Stove/Fireplace 3 Structural Changes 29 Porches/Decks -!. Re-Roof 90 PERMITS 90 Building Permits 1 Footing/Grading 45 Heating Permits 7 Heating Repair 28 Hook Up (Sewer) 37 Plumbing Permits 4 Plumbing Repair 25 Pumping Permits 2 Septic Permits 28 Water Meter 32 Certificates of Occupancy 14 Contractor's License 25 License Verification Fee 6 Health Authori~y ~orms 28 Sewer A~inistration Fee 28 SAC Retainage Fee 1 Reinspection Fee APPROXIMATE VALUATION $ 2,975,000.00 44,900.00 68,240.00 25,700.00 400,000.00 20,300.00 4,300.00 37,000.00 3,700.00 900.00 43,320.00 5,500.00 3,628,860.00 FEES COLLECTED 26,749.48 15.00 1,410.00 125.00 700.00 3,591.00 54.00 62.50 70.00 1,400.00 128.00 350.00 125.00 30.00 420.00 224.00 30.00 35,483.98 April 1994 Report May 2, 1994 Page Two Total Building Department Income--Apri1 1994 Total Building Department Income--YTD 1994 Total Va1uation--Apri1 1994 Total Va1uation--YTD 1994 $ 35,483.98 $ 123,765.53 $ 3,628,860.00 $ 12,998,271.00 Total Number of Houses YTD (1994) 127 Total Number of Houses YTD (1993) 187 DA/jp m REALTOR@ 1&&3-a<! OFFICERS President Gary Robertson President Elect Gerry Holle. Secretary{Treasurer Dick Hinkle IMMEDIATE PAST PRESIDENT Diane Smith 1&&3.a<! DIRECTORS Sharon Allen Mel Beaudry Dolore. Chouinard Ron Colbert Shelly Holmes Steve Kelley Robert Littman Susan Sundahl Mark Urlsta AFFILIATE DIRECTOR Rick Klndseth N.A.R. DIRECTOR Jerry R. Teeson MAR. REGIONAL VICE PRESIDENT Rita Cech MAR. DIRECTORS Dean Gasser Jeff Johnson EXECUTIVE VICE PRESIDENT BettyAnn D. Croteau Gl COMMITTEE CHAIRS Affiliate Advisory Rick Klndseth Awards Tracey Douglas Educa60n Colleen Johnson Equal Opportunity Jay J. Jackson FinSJ1ce Dick Hinkle Golf Jim Schafer Governmental Affairs Mike Jungbauer Grievance Jerry Smith Member Services John Thorpe MuWple Us/ing Service Jack McCarty Personnel Diane Smith Professional Standards Cart Youngquist Public Relations Mel Beaudry Scholarship Shelly Holmes Strategic Pianning . Rita Cech Toys For Joy Elise Zajac lOUAL HOUUIG O."OIllTUllIITY ANOKA COUNTY ASSOCIATION of REALTORSiD 11460 ROBINSON DRIVE NW, COON RAPIDS, MN 55433 (612) 757-7230, FAX (612) 757.7296 April 25, 1994 c-~sq~ >>EC,E:[VED APR 2 9 1994 CITY r"L v,- MNUOVER Mr. Dave Carlberg, City Planner City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Mr. Carlberg; Attached is a recap of real estate sales for single family homes in the communities of Anoka County, as well as, the municipalities of Elk River and Big Lake. This information does not account for sales by non-REALTORS~. The figures, which reflect activities for January through March 1994 compared to the same period in 1993, are gathered from the Regional Listing Service of Minnesota. Because of reporting changes required by the REALTOR~ Multiple Listing Service, the significant discrepancy reflected in the number of units sold between 1993 and 1994 may not be a reliable indicator. An extra step, which indicates that a purchase offer has been accepted but has not formally closed, is a new MLS requirement. After the real estate closing process, information is submitted indicating the property is sold. Prior to the changes, pendings were immediately reported as sold. These new procedures often cause reporting delays in the number of units sold. Please distribute all the information to your Mayor, Council Members, City Staff, and other parties you feel would be interested in this type of information. Feel free to reprint any information in your community newsletters or other publications. If we can assist your city with housing statistics or more detailed information, please feel free to contact me. Sincerely, . ()/2,. )'1j,>>?~/ ~n M. Gage Director of Public Affairs Enclosure REAL TORI: - is a registered mark which identifies a professional in real estate who subscnbes to a strict Code of Elnics as a member of the NATIONAL ASSOCIATION OF REALTORS'. . 1994 ANOKA COUNTY HOME SALES Comparison: January-March 1993 to January-March 1994 Current Activity: Single Family Homes Prepared by: The Anoka County Association of REALTORS@ Jean M. Gage, Director of Public Affairs " This sales recap shows a comparison between year-to-date activity for both 1993 and 1994. The information is updated montWy, and is provided to you as a service of the Anoka County Association ofREALTORS@. Median Median Unit Sales Unit Sales Sold Price Sold Price Average Jan-March 93 Jan-March 94 thru March 93thru March 94 Sale Price 94 Andover 142 62 104.700 107.600 116.881 Anoka 40 26 79.400 81.250 85.188 Bethel. East Bethel 45 17 91.500 83.900 82.978 Blaine 155 63 89.500 94.000 101.906 Centerville. Lino Lakes 75 43 105.500 138.000 136.172 Circle Pines. Lexinl?ton 17 13 83.700 81.500 85.615 Columbia Heights. Hilltop 51 28 71.900 76.200 77.796 Columbus Township. Linwood Township 32 8 94.587 93.250 86.256 Coon Rapids 234 85 92. 000 88.000 96.533 Fridley 50 32 84.500 88.700 97.484 Ham Lake 27 24 95.900 117.014 123.398 Ramsey 73 35 94 900 109.900 124.252 St. Francis. Oak Grove. Bums Twnsp 26 20 91.250 101.150 105.048 Spring Lake Park 44 11 85.900 81.500 84.768 Anoka Countv 1. OIl 467 88.700 107.100 100.305 Elk River 66 32 101 000 104.750 108.939 Big Lake 30 12 79.950 73.250 98.357 Metro Area 9.034 4.475 97.500 101.900 Il9.909 This information was gathered from the Regional Monthly Sold Book, March, 1994, of the Multiple Listing Service of Minnesota. This information outlines the activities ofREALTORS@within the metropolitan area, and does not account for sales by non-REALTORS@, The Anoka County Association of REALTORS@is "The Voice for Real Estate" representing over 1,000 memhers involved in all aspects of the real estate industry. ACAR is the northern metropolitans largest trade and professional association, representing memhers in Anoka and Sherhurne Counties. LOCAL DIL CD.. INC. ~~1~\91 B1 DISTRISUTORS OF SUPERAMERICA PRODUCTS 657 EAST MAIN STREET ANOKA, MINNESOTA 55303 612-421-4923 " PETITION BY: LOCAL OIL COMPANY OF ANOKA, INC. The SuperAmerica station on the corner of Round Lake Blvd. ~nd Bunker Lake Blvd. is planning to construct an attached single bay drive-thru ~ar wash behind the station. Since the propp.rty has to be rp.-zoned for car wash usagp., we arp. askin~ the support of our local neighborhood. The undersigned nei~hbors are NOT opposed to the construction of a SA car wash. NAME ADDRESS /l </!~f{~~. :' oj. .....( " l""~ '~>' Ii /, - :..- /~~ ~ ..- -; ,,'J/' - /;--, -, . I J j." I //. /.,C.'/T' t' '" 'c' /",-' -i, '-4 A ,,-/: '''-'-vW'r.- 1 ") '-'::. " '''LfL..,l, - . -' IJ?;?Y ;f01/~/ tlr /Jir/C< /-:JP;L? kb._/'jJr;7~/' f) ~:-\,., I " "\ ,'\.. ': ''; .)_U..\1~'~~,r'z. - (,'.,Il..;.- "\c }Iv~'~~l<...jl (\NU'\{~\~\~':- <c~.- ~- - /37;).7 ! t1dh ~J/ 3? .~ iik /P"l) /. S~ / () ",..//. (jyr ( , ~ /3'-('1:: //!". ',... '-:;" . ,A, """/'L '/c " / . 'l''', ;; ...... (, .. "'''_., ! .:.? :. ? ;>;' Il....' ~_.. /' ~ .~--J1...... '-....~_ 4 . """,' .' ,- I ..' ~ .~. ". /.)) / .' , "";:}///.-, ---.- ....~~__.L( q;? J'8, t- 0"/ I /!.1 ~ / l{L/;(~'i:bY/~ V-')41t 0 ~ pli.u.J I /"/ ",..:.'1' ~.'-)' .::5 ~ t' /3l~ 7- Lt'hd~(71 'ii- I ;"t6-';- tl..~",(,c(,(rr :1>1,-<. b:. -':;1/ t_ , , I ~ gL(td:er 1-* hlvJ ~ - I I ! SA lDf peaK 1C' 7es - . ~ -0 ? ye5 - ::s- /3770 ~ , 1.3 7 L(~ J37d-r; G- ~ ~ yes Yf:5 yes ~ /3/8ro .~ '.37 S ;).. /3737 - -. ~ ~ .~ yes ye5 -f- yes ~ /3758 13717 /380:;2. ~ - ye5 y.es /3808 ( 13;80$ Lv -- r yes 138 J.8 tJ. DATE: May 3, 1994 ITEMS GIVEN TO THE CITY COUNCIL Planning and zoning Minutes - April 12, 1994 Special City Council Minutes - April 14, 1994 City Council Minutes - April 19, 1994 Economic Development Authority Minutes - April 19, 1994 Park and Recreation Minutes - April 21, 1994 Safety Minutes - April 21, 1994 Disaster Minutes - April 21, 1994 Letter from John Davidson, TKDA - April 20, 1994 Letter from Dale Homuth, DNR - April 27, 1994 Fire Department Information Ordinance No. 17 North Metro Mayors Assoc. 1993 Annual Report Load Restriction Notice Preliminary plat - Woodland Creek 4th and 5th Additions Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. ~ c.c. c. fry CouIJOL 5~3-q4 ~ STATE OF [M[M[g~@LJ~ DEPARTMENT Metro Waters, 1200 PHONE NO. 772-7910 April 27, 1994 Mr. Kenneth Slyzuk 15211 Nightingale street N.W. Andover, MN 55304 OF NATURAL RESOURCES Warner Rd., st. Paul, MN 551~ ueeEJVED APR 28 1994 CITY UI- A1'VLJUVER RE: TERMINATION OF DNR WATER APPROPRIATION PERMIT #91-6148, AGRICULTURAL DRAINAGE, CITY OF ANDOVER, ANOKA COUNTY Dear Mr. Slyzuk: This letter is to advise you that the Department of Natural Resources is terminating limited permit #91-6148 which authorized appropriation of water from a private ditch for agricultural drainage. The location of the drainage is part of sections 28 & 29, Township 32 North, Range 24 West, Anoka County. Minnesota RUles, part 6115.0620, item D., states that permits shall not be required for "agricultural field' tile or open ditch drainage systems, including pumping, to remove water from crop lands. This shall not preclude the need for compliance with Minnesota statutes, chapter 106A (recodified to 103E) and for permits for changes in course, current, or cross-section of public waters in the event that the agricultural drainage system adversely affects public waters. Adverse effects on public waters may include partial or complete drainage of public waters, high water or flooding conditions on surrounding lands, and accelerated erosion and sedimentation." Our review of all relevant information indicates that the agricultural drainage authorized by this permit had no significant effect on the water levels in Round Lake during the review period. Therefore, limited permit #91-6148 is hereby terminated. Please be advised that the Wetland Conservation Act of 1991 may affect activities on your property if the activities include draining, filling, or burning of wetlands not subject to DNR permit jurisdiction. The responsible governmental unit for the WCA is the Lower Rum River Watershed Management Organization. If you have any questions regarding this permit, please feel free to contact Area Hydrologist Tom Hovey at 772-7910. Si15r;lYf ~ Dale E. Homuth Regional Hydrologist c: Tim Fell, U.s. Corps of Engineers Anoka Conservation District Todd Haas, City of Andover ~. Conservation Officer Jason Jensen Jim Japs, Appropriations Unit AN EQUAL OPPORTUNITY EMPLOYER Tim Kelly, Coon Creek WSD Central Data Systems Region 6 Waters Round Lake file, 2-89P ~ONATHAN B. BARTLETT 4808 Nin. Mil. Creek Park~ay Bl00m;ngton, MN SS437-13ZB Phone: 81Z/831-Z99Z Pager: 81Z/SBO-8Bll March 30, 1994 COU/t J , v'C~ CO;:>y Rick Peterson, ALS Manager HealthSpan Transportation Services 167 Grand Avenue St. Paul, MN 55102 Dear Rick: While recently performing my duties (on March 29th) as a paramedic for HealthSpan Transportation Services, and being stationed near the City of Andover, I had the opportunity to co-respond to a resident who was in cardiac arrest. What I found when I arrived was a team of caring, knowledgeable and dedicated volunteer First Responders from Andover Fire and Rescue and the Anoka County Sheriff's Department attending to the needs of the patient. Prior to our arrival, they had quickly and efficiently established an airway with oxygen and started CPR. Us i ng the i r automat i c external defibrillator, they were analyzing the patient's heart rhythm to see if shocking it would be effective. On our arrival they gave us a quick report on the patient's condition and assisted us in our efforts to continue the on-going resuscitation. Some members of this exemplary team saw to patient needs, by doing such things as CPR and ventilation. Some member of this team provided a continuous supply of oxygen and medical suppl ies as supplies were used. While still others of this team comforted the famil y. The City of Andover and the emergency services that support it are very fortunate to have such a team of dedicated individuals. I feel very proud to have had the opportunity to serve with them. Sincerely, ~~ da-~ti Jonathan Bartlett, NREMT-Paramedic, RN 167 Grand Avenue 51. Paul. MN 55102 612-222-3728 COu WCll COPy ...'\- ~~ -\"" HealthSpan Transportation Services A HealthSpan"Organizatio. April 10,' 1994 Dale Mashuga Andover Fire Chief 1685 NW Crosstown Blvd. Andover, MN 55304 Dear Dale, Enclosed is a copy of a letter written by one of our paramedics who responded to a call in Andover on a patient who was in cardiac arrest. The teamwork between the Andover Fire Department, Anoka county Sheriff Department, and HealthSpan Transportation speaks well of our desire to provide our patients with the best care possible. Please pass our THANKS and APPRECIATION to all of the Andover Fire Department first responders. Sincerely, ;2e~ Rick R. Peterson ALS Manager 482-1742 ~\. ~NDOYER YOLUNTEER FIRE DEPARTHENT . TOTAL FIRE AND E"S CALLS FOR THE HONTH OF HARCH 1994 DAY/ NTH QTR YTD CALL RESP SCENE FIRE/ NIGHT/ . PRI COUNTY I I I DAY TI"E mE mE m IIEEKEND ADDRESS RfASON RfSP STA lie' --- --- --- --- ----- ----- ----- ----- --------- ------------------------ ---------------------------- ----- ---- ------ I 81 81 2 20:23 20:24 20:35 FIRE NIGHT 9531 FOLEY BlVD BUILDING FIRE - COON RAPIDS 31 1 2428 2 82 82 2 20:51 20:53 20:57 ENS NIGHT 3436 142ND AVE HEART ATTACK 31 1 2429 3 83 83 3 11:47 11:50 11:52 ENS DAY 15120 ZILLA ST ADULT FEMALE - BACK INJURY S 3 2450 4 84 84 5 01:56 02:01 02:05 EHS NIGHT lll) 13931 HEATHER ST BACK SPASNS 8 1 2537 5 85 85 502:4002:40 02:45 FIRE NIGHT II) liARD LAKE DR l 173RO P.I. ACCIDENT - ROLLOVER 13 3 2538 . 6 86 86 5 16:23 CANC CANC ENS DAY {II 136S5 ROUND LAKE BLYO FEMALE FAINTED - HEAD INJURY 0 1 2547 7 87 87 6 17:40 17:44 17:45 ENS DAY II 3912 N. ENCHANTED OR ~_ 14 YO - OVERDOSE 10 2 2590 8 88 88 7 03:32 03:38 03:40 ENS NIGH II) 13409 NIGHTENGALE ST EXTRENE STOMACH PAIN 9 1 2607 9 89 89 7 06:50 06:53 06:58 FIRE DAY 14797 GROUSE ST HOUSE EXPLOSION 9 3 2610 10 90 90 7 10:25 10:27 CANe FIRE DAY JAY ST l BUNKER ILLEGAL BURN 7 1 2622 11 91 91 8 03:04 03:08 03:14 FIRE NIGHT 19009 RUN RIVER BLVD HOUSE FIRE - OAK GROVE 22 2 2647 12 92 92 10 23:59 00:01 00:06 FIRE NIGHT 1714 BUNKER LAKE BLVD SftOKE FROM A BUILDING 19 1 2716 13 93 93 12 21:1S 21:18 21:19 ENS NIGHT Ill} 2114 142ND LN 5 YO - ARM LACERATION 19 1 2820 14 94 94 13 00:55 01:00 01:03 ENS NIGHT II 3514 140TH LN CANCER PT - CHEST PAIN 13 1 2829 15 95 9S 13 03:22 03:27 03:28 FIRE NIGHT II 99 CROSS TOliN BLVD P.I. ACCIDENT 8 3 2832 16 96 96 13 11:50 11:52 11:58 FIRE DAY (II 16150 NAKAH ST GRASS FIRE 15 2 2848 17 97 97 13 22:09 CANC CANC ENS NIGHt II) 15620 KIOIIA ST 13 YO - IN SEIZURES 0 2 2873 18 98 98 14 13:08 13:12 13:15 FIRE DAY 2939 BUNKER LAKE BLVD SNOKE IN THE AREA 12 1 2885 19 99 99 15 08:05 08:06 08:12 ENS DAY 16920 CROCUS ST 83 YO - FENALE FAINTED 10 3 2917 20 100 100 16 16:21 16:24 16:24 FIRE DAY CROSSTOIIN BLVD N OF ST 1 ILLEGAL BURN 13 1 2974 21 101 101 18 02:43 02:50 CANC ENS NIGH{ 2632 176TH AVE FEftALE - BACK l CHEST PAIN 11 3 3033 22 102 102 19 17:23 17:24 17:27 ENS DAY II) 13725 CROSSTOIlN OR HAND LACERATION 11 1 3094 23 103 103 20 16:15 CANe CANC ENS DAY II) 17110 NAVAJO ST ADUlT HALE INJURED IN A FALL 6 2 3129 24 104 104 22 21:01 CANC CANC FIRE NIGH CROSSTOIIN BLVD l BUNKER ftOTORCYCLE P.I. ACCIDENT 11 1 3225 25 105 105 23 15:38 15:42 15:43 ENS DAY 2200 141ST AVE CHILD -11- HEAD LACERATION 7 1 3245 26 106 106 23 17:20 17:21 17:29 FIRE DAY 16422 HANSON BLVD P.I. ACCIDENT - ROLLOVER 9 3 3254 27 107 107 23 17:35 CANC CANC FIRE DAY HANSON BLVD l CONSTANCE P.I. ACCIDENT - ROLLOVER 0 3 3256 28 108 lOB 24 17:36 17:38 17:40 FIRE DAY ROUND LAKE BLVD l 161ST P.I. ACCIDENT 15 2 3311 29 109 109 2S 00:25 00:30 00:33 ENS NIGHT 14424 JONQUIL ST DIFFICULTY BREATHING 11 1 3323 30 110 110 25 08:22 08:25 CANC FIRE DAY ROUND LAKE BLVD l 166TH CONTROLLED BURN 0 2 3330 31 111 111 25 23:24 23:26 CANC FIRE NIGHT !II) ROUND LAKE BLVD l 142ND P.I. ACCIDENT 13 1 3374 32 112 112 26 02:22 02:27 02:30 ENS NIGHT II) 2719 140TH AYE SUICIDE THREAT 9 1 3377 33 113 113 26 08:42 08:45 08:47 ENS DAY (II 2859 135TH AVE 8 YO - PASSING OUT 5 1 3384 34 114 114 27 04:34 04:38 04:41 ENS NIGHt II) 15748 SYCAMORE ST SHOULDER INJURY 7 3 3414 35 115 115 28 16:24 16:27 16:31 FIRE DAY 13888 BLUEBIRD ST GAS SNELL (OUTSIDE) 7 1 3(6& 36 116 116 29 12:33 12:34 12:35 ENS DAY 13468 HIDDEN CREEK DR 1 YO - CHOKING 5 1 3485 37 117 117 29 21:44 21:47 21:53 EHS NIGHT 16127 TULIP ST HEART ATTACK 15 2 3505 38 118 118 30 19:23 19:24 19:26 FIRE NIGHT HANSON BLYD l BUNKER ILLEGAL BURN 26 1 3547/8 39 119 119 30 22:39 22:40 CANC FIRE NIGHT CO RD 9 l CO RD 20 P.I. ACCIDENT - ROLLOVER 9 2 3556 40 120 120 30 22:53 22:55 22:59 FIRE NIGHT PRAIRIE RD l 150TH GASOLINE IIASHDOIIN 8 3 3559 41 121 121 31 21:19 21:22 21:24 ENS NIGHT 2890 141ST AYE HEART ATTACK 16 1 3593 455 11.1 COUNCIL COpy 04/08/94 u2, 5- 3.04 TOTALS NTH aTR YTD . I I --- --- --- 4 17 17 ENS DAY S 16 16 ENS NIGHT 5 10 10 ENS WEEKEND (DAY) 7 19 19 ENS WEEKEND (NIGHT) 21 62 62 EMS TOTAL 9 23 23 FIRE DAY 7 18 18 FIRE NIGHT 1 9 9 FIRE WEEKENO (DAY) 3 9 9 FIRE WEEKEND (NIGHT) 20 S9 59 FIRE TOTAL 13 40 40 TOTAL DAY 12 34 34 TOTAL NIGHT 6 19 19 TOTAL WEEKEND (DAY) 10 28 28 TOTAL WEEKEND (NIGHT) 19 S9 59 TOTAL DAY 22 62 62 TOTAL NIGHT 41 121 121 GRAND TOTAL DRILLS l MEETINGS ----------------------------- 03/02/94 DRILL 36 03/09/94 DRILL 35 03/16/94 DRILL 43 03/30/94 BUSINESS MEETING 33 147 HD CURRENT ~ OF STATION CALLS HONTH TiD TOTAl ----------------------------------------------- STATION I 22 68 56.20~ STATION II 9 26 21.m STATION III 10 27 22.31~ --------- 41 121 ---------- ---------- ~~ G~ b- 3 -qLj \. \ ~ YOLUN'l'EER FIRE DEPAR'lMEm' COUNCIL COpy TC11'AL FIRE AND EMS CALLS FOR THE FIRST ~ 1993 -YS- 1994 TC11'AL TC11'AL TC11'AL 1ST 1ST 1ST JAR JAR FEB FEB MAR MAR QTR Qm QTR EMS 93 94 +/- 93 94 +/- 93 94 +/- 1992 1993 1994 +/- -------------------- ---------- ---------- ---------- --------------------- DAY 7 8 1 2 5 3 4 4 0 13 13 17 4 NIGiT 4 6 2 7 5 -2 4 5 1 13 15 16 1 ~ (DAY) 3 1 -2 3 4 1 1 5 " 12 7 10 3 'HEEDW (NIGiT) 6 6 0 2 6 4 4 7 3 16 12 19 7 ---------- ---------- --------- --------------------- 'l'OTAL 20 21 1 14 20 6 13 21 8 54 47 62 15 FIRE -------------------- DAY 5 11 6 5 3 -2 10 9 -1 23 20 23 3 NIGiT 6 7 1 5 4 -1 3 7 4 7 14 18 4 ~ (DAY) 3 3 0 3 5 2 0 1 1 5 6 9 3 wmmm (NIGiT) 0 5 5 2 1 -1 4 3 -1 9 6 9 3 ---------- ---------- -------- --------------------- 'l'OTAL 14 26 12 15 13 -2 17 20 3 44 46 59 13 'l'OTAL DAY 12 19 7 7 8 1 14 13 -1 36 33 40 7 TOTAL NIC2l' 10 13 3 12 9 -3 7 12 5 20 29 34 5 'l'OTAL ~ (DAY) 6 4 -2 6 9 3 1 6 5 17 13 19 6 TC11'AL wmmm (NIGiT) 6 11 5 4 7 3 8 10 2 25 18 28 10 'l'OTAL DAY 18 23 5 13 17 4 15 19 4 53 46 59 13 TOTAL NIGH'!' 16 24 8 16 16 0 15 22 7 45 47 62 15 GRAND TOTAL 34 47 13 29 33 4 30 41 11 98 93 121 28 ---------- ---------- ---------- --------------------- ---------- ---------- ---------- --------------------- m.:><:~~ ~";. .~ ~ ~ t~. 6 ...? \.& i ~... ~j .,._~........-':7 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 NOTICE CITY OF ANDOVER LOAD RESTRICTIONS ON CITY STREETS (LOAD LIMITS) Effective Monday, May 2, 1994, the seasonal road restrictions will be lifted from residential streets. 7~;1" ~<U' Todd J. Haas Assistant City Engineer cc: Mayor and City Council Anoka County Sheriff's Office Andover Deputies Post at City Hall Building Department Public Works Department