HomeMy WebLinkAboutCC July 7, 1992
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CITY of ANDOVER
Regular City Council Meeting-July 7, 1992
7:30 P.M.
Call to Order
Resident Forum
Agenda Approval
Approval of Minutes
Discussion Items
1. Public Hearing/92-14/FOx Meadows - 7:30 P.M.
2. Public Hearing/92-9/176th Lane - 7:45 P.M.
3. Public Hearing/92-12/0ak Hollow - 8:00 P.M.
4. Approve preliminary Plat/Leeman Lake Estates
5. Discuss Plan/92-5/Co. Rd. 58 & CSAH 7
6. Poppy street Improvement Discussion
7. Tree Ordinance/29C
8. Tree preservation Policy
9. Approve Extension of SUP/Continental Development
10. Authorize Sale of G.O. Improvement Bonds
11. Certificates of Indebtedness Discussion
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Staff, Committee, Commissions
12. Approve Joint Powers Agreement/Recycling
13. Approve Kennel License Renewal/Rescue St. Bernards
14. Rescind Ordinance 78B, Adopt 78A
15. Approve Temporary Non-Intox. Liquor Lic./Lions Club
16. safety Shoe Discussion
Non-Discussion Items
17. Approve Revised Site Plan/Kelsey-Round Lake Park
18. Award Bid/91-27/Street & storm Sewer/Meadows of Rd.Lk.
19. Approve Plans & Specs/92-3/Pinewood Estates Phase I
20.
21. Order Feasibility Report/Watt's Garden Acres/92-18
22. Accept Petition/92-17/Country View Est/Hawk Ridge/Verdin Ac.
23. Accept Feasibility Report/92-17
24. Approve Revised Grading Plan/Cedar Hills Estates 2nd
25. Approve Resolution Expending PIR Funds
26. Accept petition/Njordmark-Dale/91-5
Mayor-Council Input
Approval of Claims
Adjournment
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE .Tn11' 7. 1 c}c}7.
ITEM
NO.
Approval of Minutes
Admin. . ~
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AGENDA SECTION
NO.
Approval of Minutes
ORIGINATING DEPARTMENT
BY:
The city Council is requested to approve the following minutes:
June 16, 1992 Regular Meeting (Smith absent)
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MOTION BY
COUNCIL ACTION
SECOND BY
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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AGENDA SECTION
NO.
Discussion Items
DATE
ORIGINATING DEPARTMENT
Engineering
July 7 r 1992
ITEM
NO.
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Public Hearing/92-14
Fox Meadows streets
BY: Todd J. Haas
The city Council has scheduled a public hearing for 7:30 P.M. for
project 92-14, for the Fox Meadows area.
Attached are the following:
* Resolution ordering improvement
* Letter to property owners
* Public Hearing Notice
* List of property owners
* Copy of original petition and map received by City
Note: The feasibility report was in the June 16, 1992 packet.
Please bring this to the meeting.
Comments:
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The city Staff did make comments on the letter sent to property
owners that if anyone wants to change their vote on the petition,
those property owners attend the scheduled meeting or send a
letter to the city.
The original petitioned area had the following information:
Total number of lots - 36
(includes Fox Meadows Park 2 units)
Number in favor of improvements - 30
Number against - 4
Number unavailable - 2
(includes park)
The city is responsible for 2 units for the park as indicated in
the assessment manual.
COUNCIL ACTION
MOTION BY
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SECOND BY
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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MOTION by Councilman
to adopt the following:
A RESOLUTION ORDERING THE IMPROVEMENT OF STREETS , PROJECT NO.
92-14 IN THE FOX MEADOWS AREA AND DIRECTING PREPARATION OF
FINAL PLANS AND SPECIFICATIONS.
WHEREAS, Resolution No. 095-92 of the City Council adopted
on the 16th day of June, 1992, fixed a date for a public
hearing; and --
WHEREAS, pursuant to the required published and mailed
notice, such hearing was held on the 7th day of July, 19~;
and
WHEREAS, all persons desiring to be heard were given such
opportunity for same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby order improvement project No. 92-14.
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BE IT FURTHER RESOLVED by the City Council of the City of
Andover to hereby designate BRA as the Engineer for this
improvement and they are directed to prepare plans and
specifications for such improvements.
MOTION seconded by Councilman
and adopted by
meeting this 7th day of
the City Council at a
regular
July
, 1992, with Councilmen
voting in favor of the resolution, and
Councilmen
voting against, whereupon
said resolution was declared passed.
CITY OF ANDOVER
Attest:
Kenneth D. Orttel - Mayor
Victoria Volk - City Clerk
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (612) 755-5100
June 23, 1992
Re: proposed 1992 Street Construction in the Fox Meadows Area.
Dear Residents:
A feasibility report has been prepared to determine the estimated
cost to pave the streets in the Fox Meadows Area.
Discussion:
We are proposing to construct with 2" bituminous paving 24 feet
wide, with 2 foot grass shoulders on each side for erosion
control, over 4" of gravel base course (Class V).
Estimated Cost:
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The estimated cost is $5,400.00 per lot. This cost can be
assessed over a 5 year period at about 8% interest or the
assessment can be paid in full with no interest within 30 days
after adoption of the assessment roll.
Assessment Period/Cost:
The assessment payment over 5 years at 8% interest is $109.00 per
month or $1,314.00 per year.
It is recommended that if any property owners want to change
their vote on the petition, those property owners attend the
scheduled meeting or send a letter to my office prior to the
scheduled meeting.
If you have any questions, feel free to contact me.or Todd Haas
at 755-5100.
rely,
.I
es E. Schrantz
ty Engineer/public Works Director
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF HEARING ON IMPROVEMENT PROJECT 92-14
FOX MEADOWS AREA
Notice is hereby given that the ~ity Council of the City of
Andover, Anoka County, Minnesota will meet in the Council
Chambers, 1685 Crosstown Boulevard N.W., in the City of Andover
July 7, 1992 at 7:30 P.M. to consider the making of the following
improvement:
street Construction
The property to be assessed, pursuant to Minnesota Statutes 429,
for the improvement is within the following described area:
Fox Meadows Area located in Section
18-32-24, Anoka County, Minnesota
The estimated cost of such improvement is $194,390.00.
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CITY OF ANDOVER
(L~ La
Victor~a volk-City Clerk
Dated: June 2~, 1992
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18 32 24 42 0002
Danny & Judy Trouth
16011 Dakota st NW
Andover, MN 55304
. 1? 32 24 41 0004
)d & Renee phillips
'q041 - 160th Lane NW
Andover, MN 55304
18 32 24 41 0007
David T. Groth
4130 - 160th Lane NW
Andover, MN 55304
18 32 24 41 0010
paul J. Dennie
4020 - 160th Lane NW
Andover, MN 55304
18 32 24 41 0013
T. Bednarczyk & G. Neises
4101 - S. Enchanted Dr NW
Andover,'MN 55304
18 32 24 44 0003
-",rl Gammelgaard
,~20 S. Enchanted Dr NW
Andover, MN 55304
18 32 24 44 0008
G.W. Kroll & S. Povlitzki
15711 Fox St. NW
Andover, MN 55304
18 32 24 43 0006
Kenneth & Paula Rogers
15901 Fox St. NW
Andover, MN 55304
18 32 24 44 0009
Edward & Elaine Kovar
15710 Dakota st. NW
Andover, MN 55304
18 32 24 44 0012
Delton & Ruth Grussing
15820 Dakota st. NW
Andover, MN 55304
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18 52 24 42 0004
David & P.A. Eggersgluss
16000 Dakota St. NW
Andover, MN 55304
40 X /'Yl -e. ",-d 0 W ~
18 32 24 41 0001
Dale & Pamela solberg
4141 - 160th Lane NW
Andover, MN 55304
18 32 24 41 0005
Alan & D.V. Phillips
4021 - 160th Lane NW
Andover, MN 55304
18 32 24 41
Dayton & Kim
4100 - 160th
Andover, MN
0008
Jahn
Lane NW
55304
18 32 24 41 0011
Allen & Amy Czeck
4021 A. Enchanted Dr. NW
Andover, MN 55304
18 32 24 44 0001
David & Sandra Woods
15831 Dakota St. NW
Andover, MN 55304
18 32 24 44 0004
Randall Lindgren
15801 Dakota st. NW
Andover, MN 55304
18 32 24 43 0004
Robert & sherry Rankila
16001 Fox st. NW
Andover, MN 55304
18 32 24 44 0007
Bradley & Janet Siebold
15801 Fox st. NW
Andover, MN 55304
18 32 24 44 0010
Robert & C. Mortensen
15740 Dakota st. NW
Andover, MN 55304
18 32 24 44 0013
Brad & Sandra Zimmerman
15900 Dakota st. NW
Andover, MN 55304
18 32 24 43 0007
Nevin & Debra Winkle
15830 Fox St. NW
Andover, MN 55304
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18 32 24 41 0002
James D. Larson
4121 - 160th Lane NW
Andover, MN 55304
18 32 24 41 0006
Gary & Margaret Mulville
15921 Dakota St NW
Andover, MN 55304
18 32 24 41 0009
Christopher Braaten
4040 - 160th Ln NW
Andover, MN 55304
18 32 24 41 0012
James & Lois Bordwell
4041 S. Enchanted Dr. NW
Andover, MN 55304
18 32 24 44 0001
Dale & Arlene Olson
4040 S. Enchanted Dr NW
Andover, MN 55304
18 32 24 44 0005
Michael & Wanda Knudson
15741 Dakota St NW
Andover, MN 55304
18 32 24 43 0005
Hare & Kathleen Stuart
15921 Fox St. NW
Andover, MN 55304
18 32 24 44 0006
J. Cress & J. Reini
15711 Dakota st. NW
Andover, MN 55304
18 32 24 44 0011
Thomas & Peggy Ocel
158~0 Dakota st. MW
Andover, MN 55304
18 32 24 42 0003
Kent & Doreen Lungstrom
15930 Dakota St. NW
Andover, MN 55304
18 32 24 43 0008
Robert & Sandra Jameison
15710 Fox St. NW
Andover, MN 55304
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13 32 24 41 0003
Cyril & Donna Larson
4101 - IGOth lane NW
Andover, MN 55304
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K MAY 2 8 1992 U
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CITY of ANDOVER
CITY OF ANDOVER
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Date:
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No.
Gentlemen:
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We, the undersigned, owners of real property in the following described
area:
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do hereby petition that said portion of said area be improved by
Construction of City ror- p~v:"',,) cjt-cuJel s 'treet.s ~J o~~)o.
hIls -+<:> be. C>..ffr-olleJ.. 61 ~ ~ ,6 e r -vJ / ;J~ .PE...... ' ~! 0 (.JJ '" ~ I'.s .
cost ef .,,,,':'<1 .i."u~...Ovc:mcBt 1:-e aSSQEGea ll.';:j",.i.u6L lhe Lene!:1t:1ng
"'UChUL.i.",,,,J. hi' Cfia~l",..L. 429, Lll.~6 u[ HinnC.3ot;:..~
OWNER ADDRESS LEGAL DESCRIPTION YES NO
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SIGNATURE OF
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This petition was circulated by: K; ~lel Go 1\nu.&soi.A...
Address: 157'1 I J)a-ka-t-a.. 5t- - .(j UJ I AII.,tC:>tI'~r , /If J.J 5"5.3 c.lr
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U , MAY 2 8 1992
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CITY of ANDOVER
Gentlemen:
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Date: Ha.y 199<.
No. qZ-Jt/
We, the undersigned, owners of real property in the following described
area:
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do hereby petition that said portion of said area be improved by
Construction of City rot' fo..V;^i jt-o....el s+r-ee1s a.~ c'\C,fc":,,
b,'d.s cfo b-t' ct"pr<::,.ve.,/ loy.J -e be/c::,w Jt\+-ed (')Wl-\.e,s,
<tDd that LItt:: cost of. -sa;" improvement_hE" a~3c3wt::.1 ll.lJailu:t- +hE" hpnefiting
~upcrty, ll.3 author;~E"" hy rh~ptcL 429, Laww of Mjnn~ceta. ~~
LEGAL DESCRIPTION
YES
NO
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MAY 2 8 1992
CITY of ANDOVER
Date:
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No.
Gentlemen:
We, the undersigned, owners of real property in the following 'described
area:
t;m r U0<;S I - FcJX' MPrA-J...b tU 5
do hereby petition that said portion of said area be improved by I '
Construction of City ST,.!...c /hu PM,'J 3rCUJ~'. S+,.pe+ a,YI.l OJot-cU'^
b,'d.s +0 be a.,fJtrtJllt'J. by +~(> 6e/(jw //rted.'dwtte,J.
ahd Lhat the ,.."",t- of' !;airl improugmeat be a""",S6eJ. agalu"L Lh", l::,,,,u,,,r':'t1ng
.pJ:Oile... Ly, as duLhu...lz;ca hy Chapter 429. r.:.we: of Minnesota.
" SIGNATURE OF OWNER
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ADDRESS
.LEGAL DESCRIPTION
YES
NO
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This petition was circulated by: ~I[ID l.l )(')CJOS,.
Address: L5'83l 1)A(crA ~ rJ. {..tJ. A/JmtfiEL t1f/lJ ~3:J.r
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MAY 281992
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CITY of ANDOVER
CITY OF ANDOVER
Date:
No.
Gentlemen:
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We, the undersigned, owners of real property in the following described
area:
hx l1a.oaWS
do hereby petition that saidj.portion of said area be improved by
Construction of City ..5/ ;?c~~ fS>,. fo..v'~"'j J to-ve.l 3+,,-ee.b oi:t..&'
<9 h +ai' 1\ .b,as +t> l~ CA /)/ ('t!Jve(J o~ rJ.. e brJ/fJ p.J /,~fed. CGU 11 er.r .
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cmd that. t.he ,.nc:t- nf said improvement b.e d33csse.:I Cl':lCliJ1~L Lh.e benefit.i.,':l'
p~operty, ~5 authorj7ed by Ch3pter 429, La~3 vI kinnesota. -
YES NO
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This petition was circulated by: ~ tkl~
Address: ['VASt D~(5T.A- st i\lw, f4l)oVC( rnl\J Bs,-'~'l{
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City of Andover
1685 Crosstown Boulevard N.W.
Andover, MN 55304
DECE,VE
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CITY OF ANDOVER
JO(
James E. Scrantz
City Engineer/Public Works Director
Re: Proposed 1992 Street Construction in the Fox Meadows Area.
This is in response to you letter dated June 23, 1992.
When the petition was passed around the Fox Meadows Area, we were
told it was only for determining what the cost of paving the
streets would be, not to have the work done. I do not think it is
appropriate to have people sign a cost estimate, and then turn in
the petition as an approval to have the work done.
If this is the way some people in our community get
recommendations passed it is time to change who is representing us
in our community.
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Let it be noted in the records, that the undersigned wish to
change their vote on above mentioned petition for the paving of
the Fox Meadows Area to NO.
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Dated June 29, 1992
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO.
Discussion Items
DATE Julv
ORIGINATING DEPARTMENT
Engineering
.#
7. 1992
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ITEM
NO.
d.
Public Hearing/92-9
176th Lane streets
BY: Todd J. Haas
The city Council has scheduled a public hearing for 7:45 P.M. for
Project 92-9 for those areas located along 176th Lane NW between
Round Lake Boulevard and Orchid street NW.
Attached are the following:
* Resolution ordering improvement
* Letter to property owners
* Public Hearing Notice
* List of property owners
* Copy of original petition and map received by City
Note: The feasibility report was in the June 16, 1992 packet.
please bring this to the meeting.
The original petitioned area had the following information:
Total number of lots - 5
Number in favor of improvements - 3
Number against - 0
Number unavailable - 2
COUNCIL ACTION
SECOND BY
MOTION BY
TO
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
~~
NO. R
MOTION by Councilman
to adopt the following:
A RESOLUTION ORDERING THE IMPROVEMENT OF STREETS, PROJECT NO.
92-9 IN THE AREA ALONG 176TH LANE NW BETWEEN ROUND LAKE
BOULEVARD AND ORCHID STREET NW AND DIRECTING PREPARATION OF
FINAL PLANS AND SPECIFICATIONS.
WHEREAS, Resolution No. 096-92 of the City Council adopted
on the 16th day of June, 1992, fixed a date for a public
hearing; and --
WHEREAS, pursuant to the required published and mailed
notice, such hearing was held on the 7th day of July, 19~;
and
WHEREAS, all persons desiring to be heard were given such
opportunity for same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby order improvement project No. 92-9.
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BE IT FURTHER RESOLVED by the City Council of the City of
Andover to hereby designate BRA as the Engineer for this
improvement and they are directed to prepare plans and
specifications for such improvements.
MOTION seconded by Councilman
and adopted by
meeting this 7th day of
the City Council at a
regular
July
, 1992, with Councilmen
voting in favor of the resolution, and
Councilmen
voting against, whereupon
said resolution was declared passed.
CITY OF ANDOVER
Attest:
Kenneth D. Orttel - Mayor
Victoria Volk - City Clerk
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (612) 755-5100
June 23, 1992
Re: proposed 1992 street Construction in the area along 176th
Lane NW between Orchid street NW and Round Lake Boulevard
Dear Residents:
A feasibility report has been prepared to determine the estimated
cost to pave the streets in the area along 176th Lane NW between
Orchid street NW and Round Lake Boulevard.
Discussion:
We are proposing to construct with 2" bituminous paving 24 feet
wide, with a berm on each side for drainage control, over 4" of
gravel base course (Class V).
Estimated Cost:
The estimated cost is $5,394.00 per lot. This cost can be
assessed over a 5 year period at about 8% interest or the
assessment can be paid in full with no interest within 30 days
after adoption of the assessment roll.
Assessment Period/Cost:
The assessment payment over 5 years at 8% interest is $109.00 per
month or $1,312.00 per year.
If you have any questions, feel free to contact me or Todd Haas
at 755-5100.
Sincerely,
J:-:
James E. Schrantz
City Engineer/Public Works Director
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF HEARING ON IMPROVEMENT PROJECT 92-9
176th Lane N.W. between Orchid Street N.W.
and Round Lake Boulevard
Notice is hereby given that the City Council of the City of
Andover, Anoka County, Minnesota will meet in the Council
Chambers, 1685 Crosstown Boulevard N.W., in the City of Andover
July 7, 1992 at 7:45 P.M. to consider the making of the following
improvement:
Street Construction
The property to be assessed, pursuant to Minnesota Statutes 429,
for the improvement is within the following described area:
Those properties located adjacent to 176th
Lane NW between Orchid Street N.W. and Round Lake
Boulevard located in Northeast 1/4 of the
Southeast 1/4 of Section 05-32-24, Anoka County, Minnesota
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The estimated cost of such improvement is $26,975.00.
CITY OF ANDOVER
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Victoria volk-City Clerk
Dated: June 23, 1992
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een Hanson
e Blvd
55304
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,)hn & Kristin weilgosz
3309 -176th Lane NW
Andover, MN 55304
05 32 24 41 0029
Michael & Deborah
Deschenes
3230 - 176th Lane N.W.
Andover, MN 55304
001
. Larson
Lane N.W.
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05 32 24 41 0002
Riley & Ila Basel
3235 - 176th Lane NW
Andover, MN 55304
05 32 24 41 0031
Ralph Elliott
3208 - 176th Lane N.W.
Andover, MN 55304
05 32 24 41 0003
Gregory & Debra Behrendt
3263 - 176th Lane NW
Andover, MN 55304
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Date: March 5, 1992
No.
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City of Andover
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Dear ,Council Members and City Engineering Department:
We, the undersigned, owners of real property at the following described area:
176th Lane N.W. between Roundlake Blvd. and Orchid Street N.W.
do hereby petition that said area residents be advised of cost of Construction
of City Streets
It is understood that paved roads would follow the same course and have the same
approximate dimensions as they currently run.
It is understood that this petition is submitted for the City of Andover to
start and complete a feasibility study and provide owners with a cost of the
above listed project only and time frame to completion.
After requested information is submitted to the residents, all residents will be
able to vote on approval or rejection of project.
REQUESTING A COST OF PROJECT ONLY:
ADDRESS
LEGAL DESCRIPTION
YES
NO
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This petition was circulated by:
Nam"e: <Jo\-\. ~ ~"i \...l\ 0 S:.Z-
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Address: 3~Oq rlto\- lK ~.
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Phone #:~B-\S:OC h\:-15~-5b 76
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
July 7, 1992
ITEM
NO,
.3.
Public Hearing/92-12
Oak Hollow streets
~
BY:
AGENDA SECTION
NO,
Discussion Items
ORIGINATING DEPARTMENT
Engineering
BY:
Todd J. Haas
The City Council has scheduled a public hearing for 8:00 P.M. for
project 92-12, for the Oak Hollow area.
Attached are the following:
* Resolution ordering improvement
* Letter to property owners
* Public Hearing Notice
* List of property owners
* Copy of original petition and map received by City
Note: The feasibility report was in the June 16, 1992 packet.
Please bring this to the meeting.
The original petitioned area had the following information:
'-
Total number of lots - 16
(includes Oak Hollow Park)
Number in favor of improvements - 8
Number against - 3
Number unavailable - 5
(includes park)
The city is responsible for 1 unit for the park as indicated in
the assessment manual.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO. R
MOTION by Councilman
to adopt the following:
A R~SOLUTION ORDERING THE IMPROVEMENT OF STREETS, PROJECT NO.
92-12 IN THE OAK HOLLOW AREA AND DIRECTING PREPARATION OF FINAL
PLANS AND SPECIFICATIONS.
WHEREAS, Resolution No. 097-92 of the city Council adopted
on the 16th day of June, 1992, fixed a date for a public
hearing; and --
WHEREAS, pursuant to the required published and mailed
notice, such hearing was held on the 7th day of July, 1992;
and
WHEREAS, all persons desiring to be heard were given such
opportunity for same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby order improvement Project No. 92-12.
\
, /
BE IT FURTHER RESOLVED by the City Council of the City of
Andover to hereby designate BRA as the Engineer for this
improvement and they are directed to prepare plans and
specifications for such improvements.
MOTION seconded by Councilman
and adopted by
meeting this 7th day of
the City Council at a
regular
July
, 1992, with Councilmen
voting in favor of the resolution, and
Councilmen
voting against, whereupon
said resolution was declared passed.
CITY OF ANDOVER
Attest:
Kenneth D. Orttel - Mayor
Victoria Volk - City Clerk
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304. (612) 755-5100
June 23, 1992
Re: proposed 1992 street Construction in the Oak Hollow Area.
Dear Residents:
A feasibility report has been prepared to determine the estimated
cost to pave the streets in the Oak Hollow area.
Discussion:
We are proposing to construct with 2" bituminous paving 24 feet
wide, with 2 foot grass shoulders on each side for erosion
control, over 4" of gravel base course (Class V).
Estimated Cost:
"
./
The estimated cost is $5,660.00 per lot. This cost can be
assessed over a 5 year period at about 8% interest or the
assessment can be paid in full with no interest within 30 days
after adoption of the assessment roll.
Assessment Period/Cost:
The assessment payment over 5 years at 8% interest is $115.00 pet
month or $1,377.00 per year.
If you have any questions, feel free to contact me or Todd Haas
at 755-5100.
...
<:...---
J mes E. Schrantz
ity Engineer/public Works Director
JES:vv
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF HEARING ON IMPROVEMENT PROJECT 92-12
OAK HOLLOW AREA
Notice is hereby given that the City Council of the City of
Andover, Anoka County, Minnesota will meet in the Council
Chambers, 1685 Crosstown Boulevard N.W., in the City of Andover
July 7, 1992 at 8:00 P.M. to consider the making of the following
improvement:
Street Construction
The property to be assessed, pursuant to Minnesota statutes 429,
for the improvement is within the following described area:
Oak Hollow Area located in Section
13-32-24, Anoka county, Minnesota
The estimated cost of such improvement is $90,575.00.
\
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CITY OF ANDOVER
LLL&
Victoria volk-City Clerk
Dated: June 23, 1992
/
13 32 24 31 0003
Clayton & M.E. Orttel
428 Constance Blvd NW
Andover, MN 55304
. '\ 32 24 34 0002
\.. /ry & Lillian Orttel
574 - 159th Ave NW
Andover, MN 55304
13 32 24 34 0007
Larry & Carolyn Hovgaard
577 - 158th Ave NW
Andover, MN 55304
13 32 24 34 0008
Richard & Barbara Bassing
546 - 158th Ave NW
Andover, MN 55304
13 32 24 34 0012
Charles & Kristen Krock
15833 I1ex st. NW
Andover, MN 55304
(j
file: Oakhollow
,_J
13 32 24 31 0004
Patrick & Jo Sprague
525 - 159th Ave NW
Andover, MN 55304
13 32 24 34 0003
stephen & Mary Hamment
524 - 159th Ave NW
Andover, MN 55304
13 32 24 34 0006
J.K. Campbell & D. Grimes
531 - 158th Ave NW
Andover, MN 55304
13 32 24 34 0009
Gregory & K. Wieczorek
496 - 158th Ave NW
Andover, MN 55304
13 32 24 34 0013
Stephen & Anna Schlueter
15783 Ilex st. NW
Andover, MN 55304
13 32 24 31 0005
Clayton & M.E. Orttel
428 Constance Blvd NW
Andover, MN 55304
13 32 24 34 0004
Michael & Karen Mills
15876 Ilex St. NW
Andover, MN 55304
13 32 24 34 0005
William & Rebecca Spence
15818 Ilex st. NW
Andover, MN 55304
13 32 24 34 0011-
Charles & A.R. Loegering
15883 !lex st NW
Andover, MN 55304
13 32 24 34 0014
Clayton & M.W. Orttel
428 Constance Blvd NW
Andover, MN 55304
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C'lY Of ANDOVER
Date: .1lI",-"ttftfz.
No. ~-'9t:-Ji..:-::,\
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CITY of ANDOVER
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
()~. /kJ,LLM
do hereby petition that said portion of said area be improved by
Construction of City ~JZ.E6/'$ - 81TUtH IfYO/A.S .:5~i2.F'AeIN~
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
y
X
K
x
<L-
x
This petition was circulated by: arrll'fwA,
Address: 15683 r/u 1m Ny(
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168lh AVE
1671h LVe t~\.:
166th Ave: N\',
165TH AVE
r,
164ul AvE NW
163,d AVE NW
162nd AVE m;
161ST AVE N~
160ln AVE NW
159th AVE NW
Isetf'l AVE N,^,
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157TH AVE
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO,
DATE Julv 7. 1992
ORIGINATING DEPARTMENT
ITEM
NO,
~
Leeman Lake Est. Pre.
plat
Andover Review Comm.
Todd J. Haas#
Discussion Items
BY:
The City Council is requested to review and recommend approval of
the preliminary plat of Leeman Lake Estates per Ordinances 8 and
10 and all other applicable ordinances as requested by Dan and
Dixie Christensen, owners and developers of the property.
The Andover Review Committee (ARC) has reviewed the preliminary
plat. Their comments are as follows:
General Comments
* The proposed preliminary plat is currently zoned
Family. R-1 allows 2.5 acre minimum size lots.
the property will not be necessary.
* The proposed subdivision consists of 6 single family rural
residential lots.
R-1 Single
Rezoning of
',,-
* Ordinances 50 and 71 affect the plat. The Commissioner of the
DNR has been sent a copy of the preliminary plat.
* 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 and any other agency which may
be interested in the site).
Recommendations of the Andover Review Committee
A. Lot 1, Block 2 will require a variance for lot size. The lot
is proposed to be 1.84 acres. The lot is an existing lot and
meets the 60% requirement which is addressed in Ordinance 8,
Section 4.04. The ARC recommends approval of the variance.
Recommendations of the Planning and Zoning Commission
A. The Commission has reviewed the preliminary plat and is
recommending approval.
COUNCIL ACTION
MOTION BY
\ TO
SECOND BY
"
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Leeman Lake Estates
Page 2
Recommendations of the Park and Recreation Commission
A. The Commission has recommended cash in lieu of land.
The following comments are per the preliminary plat checklist
(Ordinance 10):
8.01 IDENTIFICATION AND DESCRIPTION
a. Proposed name is Leeman Lake Estates.
d. Scale is 1" = 100'.
g. The preliminary plat, grading and drainage plan was prepared
by Ronald Swenson of Swenson Land Surveying and the drainage
plan has been reviewed by Robert Payette of Sathre-Bergquist,
Inc.
8.02 EXISTING CONDITIONS
.,
"-_) b. Total acreage is 30.21.
c. The existing zoning within 300 feet of the proposed plat has
been shown.
f. Locations of all existing telephone, gas, electric and other
underground/overhead facilities are shown on preliminary plat
per requirement.
g. The boundary lines within 100 feet of the plat have been
shown along with the names of the property owners.
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 proposed street plan and profile will be required to be
submitted, reviewed and approved by the City Engineer prior
to any construction along with storm sewer.
g. The setbacks for each lot are shown and are indicated proper-
ly as required per Ordinance 8.
h. The proposed method of disposing of surface water has been
\ shown on the plat.
',. ./
8.04 ADDITIONAL INFORMATION
b. Source of water supply is private well.
c. Source disposal facilities will be on-site septic systems.
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f.
G.
j.
9.02
a.
9.03
a.
m.
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9.04
a.3.
,
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Leeman Lake Estates
Page 3
Flood Plain Management is the Coon Creek watershed District.
street lighting is required and the installation costs will
be paid for by the developer.
The total linear road mileage for the proposed plat is 0.19
miles.
STREET PLANS
The typical section, right-of-way and grade is 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 seeded.
EASEMENTS
The proposed preliminary plat is currently outside the
Metropolitan Urban Service Area (MUSA). The developer is
required to meet this section of the ordinance.
e. The developer is responsible to obtain all necessary
permits from the watershed Organization, DNR, Corps of
Engineers, LGU and any other agency that may be interested
in the site.
9.07 PARKS, PLAYGROUNDS, OPEN SPACE
Park dedication is recommended by the Park and Recreation
Commission.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF LEEMAN LAKE
ESTATES AS BEING DEVELOPED BY DAN AND DIXIE CHRISTENSEN LOCATED
IN SECTION 12, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA.
WHEREAS, pursuant to published and mailed notice thereof,
the Planning and Zoning Commission has conducted a public hearing
and reviewed the preliminary plat of Leeman Lake Estates; and
WHEREAS, the Andover Review Committee has reviewed the
preliminary plat; and
WHEREAS, as a result of such hearing, the Planning and
Zoning Commission recommends approval of the plat citing the
following:
1. A variance from Ordinance 10, Section 9.06 a(3) for Lot
1, Block 2 for area as the lot meets the 60% require-
ment as addressed in Ordinance 8, Section 4.04.
2. A street plan and profile is required to be submitted,
reviewed and approved by the City Engineer prior to
any construction along with storm sewer.
3. Ordinances 50 and 71 affect the plat. The Commissioner
of the DNR has been sent a copy of the preliminary plat.
4. 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 and any
other agency which may be interested in the site).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby approve the preliminary plat of Leeman
Lake Estates subject to the following:
1. Park dedication to be cash in lieu of land as
recommended by the Park and Recreation Commission.
Adopted by the City Council of the City of Andover this 7th
day of
July ,1992.
CITY OF ANDOVER
Attest:
Kenneth D. Orttel - Mayor
Victoria Volk - City Clerk
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CITY of ANDOVER
"
:CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The City of Andover Planning and Zoning Commission will hold a
public hearing at 7:30 P.M., or as soon thereafter as can be
heard, Tuesday, June 23, 1992 at the Andover City Hall, 1685
Crosstown Boulevard NW, Andover, MN to consider the preliminary
plat of Leeman Lake Estates consisting of 6 single family
residential lots as being developed by Dan Christensen on the
property described as:
The Southwest Quarter of the Northeast Quarter of Section 12,
Township 32, Range 24, Anoka County, MN. Except Parcel No. 20
Anoka County Right of Way Plat No. 24. Also except that part
of said Southwest Quarter of the Northeast Quarter of said
Section 12.
All opponents and proponents of said proposed preliminary plat
will be heard at the above time and location.
,;[~~
Victoria Vol - City Clerk
Publication Dates: 6-12-92
6-19-92
(@
Klcn~~a welnrelS
174, 1iOth Ave NW
Andover, MN 55304
Franklin Eckard
\3134 Cimmarron Circle s.
0argo, FL. 33644
"
"
Richard Noga
17066 Crosstown Blvd NW
Andover, MN 55304
Doug Holt
17020 Crosstown Blvd NW
Andover, MN 55304
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file: leemanlakelabels
-- ---.--.-___ __ _.n._..__..__
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Bob-Steele
16873 Crosstown Blvd NW
Andover, MN 55304
Harold Haluptzok
16971 Ward Lk Blvd NW
Andover, MN 55304
Brian Smith
124 170th Ave NW
Andover, MN 55304
John Bremseth
17170 Butternut St NW
Andover, MN 55304
f"~':~~~ :-
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Ralph James
16906 Crosstown Blvd NW
Andover, MN 55304
Robert Nelson
2547 140th Ave NW
Andover, MN 55304
Ricky Minetor
17130 Butternut St NW
Andover, MN 55304
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CITY of ANDOVER
PRELIMIN~RY PLAT APPLICATrON
"
Street Location of Property:
Legal Description of Property:
1.'
/7 () A. V- &os:J io~/^- /3/lId
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Property Owner: JqA 't- iI/'o'P fAfiS';;'j(S~A Phone: f3i(6Y..<:;6
/bS ,.
Addrhs: ~ 1)1)14 Ave; JI/ w 1/fdooer
Appli can t: SAM&- Phone:
Address:
Description of Request:
frf'//M/t,ftl1 p!6i f Pia"",
Rezoning Request Required: YES
NO [~J Explain:
.'
Fee:
4-4t:fdi~
(Signature f Applicant)
Date Paid:
Receipt No.:
(Date)
,
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BABCOCK, LOCHER, NEILSON & MANNELLA
ATIORNEYS AT LAW
118 EAST MAIN STREET
ANOKA, MINNESOTA 55303
TEL: 16121 421.5151
FAX: (6121 529.2273
EDMUND p, BABCOCK - of Counsel
LANDOL J. LOCHER - of Counsel
lAMES M, NEILSON
FELIX A, MANNELLA
ROBERT F, MANNELLA
GARY T, laFLEUR
THOMAS A, KLINT
STEPHEN I, NASH
GREGORY J. HELLlNGS
COLEEN I, CARLSTEDT'IOHNSON
RANDALL I, FULLER
F, ANTHONY MANNELLA
PAUL R, JOHNSTON
"
NORTHTOWN OFFICE
NORTHTOWN FINANCIAL PLAZA
ZOO COON RAPIDS BLVD,
SUITE Z4S
COON RAPIDS, .'.IN 55433
TEL: 161~1 786-0250
FAX (6121 786-8617
R.. ECEiVED
jUN 251992
June 24, 1992
--
Dan Christensen
1551 - 164th Lane N.E.
Anoka, MN 55304
CITY OF ANDOVER
RE: Ralph James and Mary James/Leeman Lake Estates
Dear Mr. Christensen:
'\
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Please be advised that I have been hired by Ralph and Mary James
to represent them with respect to the boundary line dispute that
has arisen between you and the James.
The James are in the process of hiring a surveyor to locate their
northeasterly boundary line. You should be aware, however, that
even if the James do not have record title to the disputed area,
they still claim ownership to this area by adverse possession.
The James and the prior owners of their land have occupied,
maintained and used this land as if they have record title to this
land for over 15 consecutive years. The sWingset/jungle jim that
you wish removed is just one indication of their use of the land.
If need be, the James will start an action in Anoka County
District Court to register the title to the property and to have
the court resolve the ownership of the disputed parcel.
Since the James own land on which the sWingset/jungle jim is
located, they will not remove the same as you have requested. In
addition, you are instructed to remain off the James' property.
If you go onto the James' property, it will be considered an act
of trespass and you will be held accountable for any damages to
the James' property.
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Page Two
Dan Christensen
June 24, 1992
"
I would suggest that you consult with a real estate attorney
regarding this dispute and have that attorney contact me to see if
there is a way to resolve the dispute without having to incur the
cost and expense of a lawsuit.
Very truly yours,
SJN:smc
cc: Mr. and Mrs. Ralph James
Todd Haas/City of Andover
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE July 7, 1992
AGENDA SECTION
NO,
ORIGINATING DEPARTMENT
Discussion
Engineering
APP~lA VD;FOR
AGiNp, !
BY)~'
ITEM
NO,
5,
Discuss Plan/92-5
Co.Rd.58 & CSAH 7
~
BY: Todd J. Haas
The City Council is requested to discuss the possible
reconstruction of the intersection of County state Aid Highway 7
and County Road 58.
City Staff, Anoka County Highway Department and the owners of Tom
Thumb (T.J. James Company) have been working together over the
last couple of years to realign the existing intersection to the
north side of Tom Thumb to align with 159th Avenue N.W., which is
located on the west side of CSAH 7. See attached drawing.
The city will be responsible for some reconstruction costs
(approximately $26,000).
It is recommended to utilize the MSA Local fund which has enough
money to cover this.
Note: An agreement and the construction plans will be presented
to the City Council on July 21 for approval.
MOTION BY
\ TO
I
COUNCIL ACTION
SECOND BY
07/01/92 16:19 FAX 612 754 3532
A."OKA CO HWY DPT
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COUNTY OF ANOKA
Department of HiglnvQ)'s
Paul K. Ruud. Highway Engineer
1440 BUNKER LAKE BLVD NW, ANDOVER. MINNESOTA 55304 612-754-3520
June 17, 1992
MI. James Schrantz
Andover City Engineer
1685 Crosstown Boulevard NW
Andover, NIN. 55304
RE: 91.02.58
CR 58 Realignment at CSAH 7
Dear Jim:
Enclosed for your information are construction plans for the above referenced
project. Please note that our alignment of CR 58 and CSAH 7 also involves the
realignment of the City of Andover's 159th Avenue and Fox Street NW. The details
pertaining to the City streets realigned for this project have been designed in
accordance to design standards provided by Todd Ham; of your office. The title
sheet original has oeen provided for your concurrence and signature. Also enclosed
: '\ is a cost participation breakdown for the work which will be performed on the city
,J streets. Jon Olson will be using these numbers to draft a cooperative agreement
between the County and the Clty for the coIl5truction of this project and will follow
at a later date.
~~~!~2En
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CITY OF ANDOVER
If you have any questions regarding this project, please feel free to call.
dmh/ZANDOVER
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Affirmative Action I Equal Opportunity Employer
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
July 7, 1992
DATE
AGENDA SECTION
NO,
Discussion Items
ORIGINATING DEPARTMENT
Planning ~
David L. Carlberg,
City Planner
BY:
ITEM
NO'6.
Improve Poppy street
NW Discussion
REQUEST
Thomas Johnson has requested that Poppy Street NW located south of
173rd Lane NW be improved. Currently, the 135 foot portion of
Poppy street has not be constructed and a cottonwood tree stands
within the west side of the right-of-way. Mr. Johnson is
requesting the City remove the tree and gravel (Class 5) the
street so he can access his property. Mr. Johnson would like to
perform a metes and bounds lot split on his parcel and have access
from Poppy street NW.
COUNCIL OPTIONS
/
1.
the
pay
The Council can grant the request
tree and Class 5 Poppy Street NW.
for the improvement.
of Mr. Johnson and remove
The question is who will
'-
2. The Council can blacktop Poppy Street as required by City
specifications. The question again is who will pay for the
improvement. The Council could assess Mr. Johnson one (1) unit
based on figures from the Langseth's Pine Acres Additions street
improvement project (project No. 87-26). Poppy street NW north of
173rd Lane NW was improved as a part of this project.
3. The Council may wish to allow Mr. Johnson to construct a
driveway across and within the right-of-way of Poppy street to his
property improving the street when the properties to the south are
developed.
4. The Council may wish to table the item or take no action.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
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Mr. Mayor & City Council Members
"
My name is Thomas Johnson and I reside at 17203 Tulip St. in .~dover, Mn.
I am the owner of property located south of l73rd Ave, east of cty Rd 58
and west of Round Lake Blvd. The legal description is: The N694 ft of the
Nlyt of the NEi. of SEC 8-32-24; Ex \'1660 ft thereof. This is approximately
10.5 acres.
Access to the propErty is available from Poppy st. off of l73rd Ave.
However, Poppy st. has not been improved to my property and is now simply
vacant land. Also, a cottonwood tree stands in the center of the future
street.
I have no interest in developing this property other than to have access
to this one parcel.
My request to the council would be for the city to remove the tree and
to gravel the street~ As this is access for only one lot, I believe it
unnecessary to improve to blacktop. This could be done at the time of future
development.
T hank you for your consideration.
~':J ~.
Thomas Johnson
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
July 7, 1992
DATE
AGENDA SECTION
NO,
Discussion Items
ORIGINATING DEPARTMENT
Planning ~
David L. Carlberg,
City Planner
BY:
FOR
ITEM
NO,
7.
Ordinance No. 29C
Shade Trees
REQUEST
" ~
The Andover City Council is asked to review and consider
approving the attached Ordinance No. 29C, Shade Trees.
The City Council on May 19, 1992 directed the Tree Commission to
meet with large land owners and developers and to come to some
degree of accommodations and changes in the language for the
people who had expressed negative opinions of the Ordinance.
The Tree Commission met on June 1, 1992 to discuss the May 19,
1992 City Council motion and minutes and to prepare for a meeting
with large land owners and developers. The Commission met with
the large landowners and developers on June 8, 1992. On June 15,
1992 the Tree Commission met to make changes to the Tree
Ordinance. The minutes from the meetings listed above are
included with the Tree Preservation Policy item. The changes made
to the ordinance are indicated with additions being underlined and
the deletions over-stricken.
'--
Representatives of the Tree Commission will be present to answer
questions of the Council.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
\.
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Draft: 7 July 1992
City Council Meeting
"
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 29C
AN ORDINANCE RELATING TO THE PRESERVATION OF SHADE TREES AND THE
PREVENTION OF EPIDEMIC DISEASES IN SHADE TREES WITHIN THE CITY OF
ANDOVER.
SECTION 1. Declaration of policy.
The City Council of the City of Andover has determined that the
health of the elm, pine and oak trees within the City are threatener
by fatal diseases known as Dutch Elm disease, Oak Wilt disease and
Pine Bark Beetle (Ips Pini). It has further determined that the
loss of Elm, Oak and Pine trees growing upon public and private
property would substantially depreciate the value of property withiJ
the City, and impair the safety, good order, general welfare and
convenience of the public. It is declared to be the intention of
the Council to preserve shade trees as well as to control and
prevent the spread of these diseases and other epidemic diseases of
shade trees by enacting this Ordinance in conjunction with the Tree
Preservation Policy.
SECTION 2. Position Created.
Subd. 1. Forester. The position of Forester is hereby created
within the City.
Subd. 2. Tree Inspector. The Position of Tree Inspector is
hereby created within the City. The Tree Inspector must be
certified by Minnesota Commissioner of Agriculture.
Subd. 3. Duties of Forester or Tree Inspector. It is the duty
of the Forester/Tree Inspector to coordinate, under the directioJ
and control of the Council, all activities of the City relating
to the control and prevention of Dutch Elm and Oak Wilt diseases
the spread of the Pine Bark (Ips Pini) Beetle, and other epidemic
diseases of shade trees.
SECTION 3. Tree Commission.
Subd. 1. Commission Created. The City Council hereby authorize~
the establishment of a Tree Commission which shall consist of
seven (7) members who are residents of the City and who shall be
appointed by the Mayor with the approval of the City Council.
Three (3) members shall serve a one (1) year term and four (4)
members shall serve a two (2) year term. Each succeeding term
shall be for two (2) years. Each member is eligible for
reappointment at the end of their term. Members of the
Commission shall serve without compensation.
7-07-92 Draft
2
o
Subd. 2. Duties of Tree Commission. The Tree Commission will
assist the Forester/Tree Inspector in establishing and
prioritizing control areas, promulgate rules, regulations,
standards and specifications, and advise the City Council of
appropriate actions.
SECTION 4. Epidemic Disease Program.
Subd. 1. Intent. It is the intention of the Council to conduct
a program of plant pest control pursuant to the authority grantel
by Minnesota statutes 1961, Section 18.022, as amended, directed
at the control and elimination of Dutch Elm and Oak wilt disease
fungus, and pine Bark Beetles, and elimination of other tree
diseases, and is undertaken at the recommendation of the
Commissioner of Agriculture.
SECTION 5. Nuisances Declared.
\
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Subd. 1. The following things are public nuisances wherever the:
may be found within the City of Andover:
A. Any living or standing elm tree or part thereof
infected to any degree with the Dutch Elm disease fungus
Ceratocystis Ulmi (Buisman) Moreau or which harbors any of
the elm bark beetles Scolytus Multistreatus (Eichh) or
Hylungopinus Rufipes (Marsh).
B. Any dead elm tree or part thereof, including logs,
branches, stumps, firewood or other elm material from whicl
the bark has not been removed or sprayed with an effective
elm bark beetle insecticide, except that the stockpiling 0:
bark bearing elm wood shall be permitted during the period
from September 15th to April 1st of any year.
C. Any living or standing northern red oak, Quercus
Rubrua, northern pin oak, Quercus Ellipsoidalis, black oak
Quercus Velutina, and scarlet oak, Quercus Coccinea or par'
thereof infected to any degree with the oak wilt disease
Ceratocystis Fagacearum.
D. Any living or standing white oak, Quercus alba, bur
oak, Quercus macrocarpa, and swamp white oak, Quercus
bicolor that poses a threat of transmission of the oak wil'
fungus to other trees of the same species through
interconnected root systems.
E. Any diseased material of the red oak group wilting in
July or August of one year declared to be hazardous the
following spring, from April 15 until July 1.
F. Any recently cut pine tree slash that is or is not par'
of a slash treatment for trapping Ips Pini.
, \
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Subd. 2. Abatement. It is unlawful for any person(s) to permit
aAY the spread of a public nuisance as defined in subdivision 1
te-~ema~A-eA-aAy-~~em~5e5-ewAee-e~-eeAt~e~~ee-BY-A~mIAe~-w~tA~A--
tAe-€~ty-ef-AAeeve~7 across his or her ro ert lines and in an
specified control areas as esta ~s e y t e C~ty. Suc
7-07-92 Draft
3
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nuisances may be abated in the manner prescribed by this
Ordinance.
SECTION 6. Inspection and Investigation.
~
Subd. 1. Annual Inspection. The Forester/Tree Inspector 'shall
inspect all premises and places within the City of Andover as
often as practicable to determine whether any condition describec
in Section 5 of this Ordinance exists thereon.
A. The Forester/Tree Inspector shall investigate all
reported incidents of infestation by Dutch Elm fungus or
elm disease on all those premises and places within the
City at least three (3) times during the growing season to
determine whether any condition described in Section 5 (A)
and (B) exists.
B. The Forester/Tree Inspector shall investigate all
reported incidents, premises and places of infestation by
oak wilt, pine bark beetles or other diseases of shade
trees as many times as necessary to determine whether any
condition described in Section 5 (C-E) exists.
Subd. 2. Entry on Private Premises. The Forester/Tree Inspecto
or duly authorized agents may enter upon private premises at any
reasonable time for the purpose of carrying out any of the dutie:
assigned to them under this ordinance.
~
Subd. 3. Diagnosis.
A. City Forester/Tree Inspector shall make the initial
identification of an infected area whenever possible.
B. The property owner or contractor, as advised by the
Forester/Tree Inspector, shall within forty-eight (48)
hours send appropriate specimens or samples to the
Commissioner of Agriculture e~-~fle, University of Minnesot;
or ana State certified testing lab-for analysis. Except a:
provi ed in Section 8, no action to remove infected trees
or wood shall be taken until positive diagnosis of the
disease has been made.
~,~
C. It is the responsibility of the property owner or
contractor to notify the City of the results of the
diagnosis in writing. Notification to the City must be
done within fe~~-+4+ seven (7) days of receipt of the
diagnosis.
SECTION 7. Abatement of Epidemic Tree Disease Nuisances.
In abating the nuisance defined in Section 5, the Forester/Tree
Inspector shall cause the infected tree or wood to be sprayed,
removed, burned (by permit only), chipped or otherwise effectively
treated so as to destroy and prevent as fully as possible the spreac
of epidemic diseases of shade trees, including, but not limited to,
the Dutch Elm disease and the associated elm bark beetles, Oak Wilt
disease fungus, or Pine Bark beetles.
7-07-92 Draft
4
o
To prevent root graft transmission of the diseases, a barrier may br
created between diseased and healthy trees, either by treating the
soil surrounding the trees with a chemical approved by the
Department of Agriculture or the University of Minnesota, or by
digging a trench at least fifty-two (52") inche~ deep in the soil tr
isolate the diseased trees as recommended by the the Department of
Agriculture or University of Minnesota. Such abatement procedure
shall be carried out in accordance with current technical and exper'
opinions and plans as may be designated by the Commissioner of
Agriculture or University of Minnesota.
SECTION 8. Procedure for Abatement of Infected Trees and wood.
Subd. 1. If the diseased tree nuisance as described in Section
5, subdivision 1 (A-E) is located on private property the
Forester/Tree Inspector shall send a written notification and
prescription to the owner of said property. It shall be the
obligation of the property owner to carry out the prescribed
abatement procedure(s) within twenty (20) days from the date of
receipt of the notification from the City unless a written
exception is granted by the Forester/Tree Inspector because of
unforeseen physical limitations resulting from excessive numbers
of diseased trees occurring on said property or other unforeseen
hardships as determined by the Forester/Tree Inspector. Such
decision may be appealed to the Tree Commission.
/ I
'-/
Subd. 2. If the owner fails to follow the prescription within
the designated time period, the Forester/Tree Inspector shall
notify the property owner by mail that the Forester/Inspector
will contract for the abatement of the nuisance.
Subd. 3. The Forester/Tree Inspector shall then proceed to
contract for the prescribed abatement procedure as soon as
possible and shall report to the City Clerk all charges resultinr
from the abatement procedures carried out on such private
property. The City Clerk shall list all such charges along with
a City Administrative cost against each separate lot or parcel b:
September 1 of each year as special assessments to be collected
commencing with the following year's taxes. Administrative cost;
as set by City Council resolution shall be assessed for each
parcel and shall be added to each assessment.
Subd. 4. If the Forester/Inspector finds that danger of
infestation of epidemic diseases in shade trees is imminent,
he/she shall notify the abutting property owners by mail that thr
nuisance will be abated within a specified time.
Subd. 5. In the case of existing boulevard trees, notices will
be mailed to the owner of the abutting property as previously
described in Section 8, Subd. 1 - 3. The owner of said property
shall abate the nuisance.
o
Subd. 6. Stumps from infected trees on boulevards shall be
removed by a machine, grinding up stumps to six (6") inches belol
ground level, or digging up the total stump. The removal of
stumps shall occur within six (6) months of notification by the
Forester/Tree Inspector.
7-07-92 Draft
5
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Subd. 7. All assessments levied for the repayment of tree
disease abatement cost may be repaid over a five (5) year period
Such assessments shall be levied under authority granted by
Minnesota statutes 429.101.
SECTION 9. Spraying Trees.
Whenever the Forester/Tree Inspector determines that any tree or
wood within the City of Andover is infected with disease, he/she ma
require spraying all nearby high value trees with an effective
disease destroying concentrate. Spraying activities authorized by
this Section shall be conducted in accordance with technical and
expert opinions and plans of the University of Minnesota or the
Commissioner of Agriculture and under the supervision of the
University of Minnesota or the Commissioner of Agriculture, or
agents thereof, whenever possible.
"
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" J
SECTION 10. Transporting Wood Prohibited (Epidemic Diseased Wood).
It is unlawful for any person to transport within the City any
diseased wood that is determined to be hazardous as described in
Section 5, Nuisance Declared, without having obtained a permit from
the Forester/Tree Inspector. The Forester/Tree Inspector shall
grant such permits only when the purpose of this Ordinance will be
served thereby. The transportation of diseased wood within the Cit'
to an approved disposal site shall be allowed without a permit.
SECTION 11. License Requirements.
It shall be unlawful for any individual, partnership or corporation
to conduct as a business for profit the cutting, trimming, pruning,
removing, spraying or otherwise treating of trees, shrubs or vines
in the City of Andover without first having secured a license from
the City to conduct such business.
Subd. 1. Application. Application for a license under this
Ordinance shall be made at the office of the City Clerk of the
City. Fees shall be set by Council Resolution.
Subd. 2. Application Form. The application for a license shall
be made on a form approved by the City which shows, among other
things, the name and address of the applicant, the number and
names of the employees of the applicant, the number of vehicles
of the applicant, together with a description and license number
of each, and the type of equipment proposed to be used.
Subd. 3. Liability Insurance. No license or renewal of a
license shall be granted, nor shall the same be effective, until
the applicant has filed with the City Clerk a Certificate of
Insurance evidencing the holding of Public Liability Insurance il
the limits of Bodily Injuiry of $300,000 per occurrence, and
Property Damage of $50,000.00, and proof of Worker's Compensatiol
Insurance.
,
,
/
A. The City shall be named and the insurance provided
shall include the City as an additional party insured.
Said policy shall provide that it may not be cancelled by
the insurer except after ten (10) days written notice to
7-07-92 Draft
6
~
the City, and if such insurance is so cancelled and
licensee shall fails to replace the same with another
policy conforming to the provisions of this Ordinance, sai,
license shall be automatically suspended until such
insurance shall have been replaced.
.'
Subd. 4. Chemical Treatment Requirements. Applicants who
propose to use chemical substances in any activity related to
treatment or disease control of trees, shrubs or vines shall fil,
with the City Clerk proof that the applicant or an employee of
the applicant administering such treatment has been certified by
the Agronomy Division of the Minnesota Department of Agriculture
as a "commercial pesticide applicator". Such certification shal.
include knowledge of tree disease chemical treatment.
SECTION 12. Protection of Trees.
A Tree Protection Plan is to be submitted by all developers,
builders and soil disturbance project area facilitators in
accordance with the City of Andover Tree Preservation Policy.
SECTION 13. Interference Prohibited.
It is unlawful for any person to prevent, delay or interfere with
the Forester/Tree Inspector or his designated agents while they are
engaged in the performance of the duties imposed by this Ordinance.
, )
SECTION 14. Severability.
If any section, subdivision, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this Ordinance. The Council hereby declares that it would have
passed this Ordinance, any section, subdivision, sentence, clause 0:
phrase thereof, irrespective of the fact that anyone or more
sections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION 15. Penalty.
Any person, firm or corporation who violates any section of this
Ordinance shall be guilty of a misdemeanor and upon conviction
thereof, shall be punished as defined by State Law.
SECTION 16. Repeal.
Ordinance #29, 29A, and 29B are here by repealed.
SECTION 17. Effective Date.
This Ordinance is effective from and after its passage and
publication.
~
Adopted by the City Council of the City of Andover this
1992.
day 0:
CITY OF ANDOVER
7-07-92 Draft
7
o
Kenneth D. Orttel, Mayor
ATTEST:
Victoria'Volk, City Clerk
Admin:Ordinance29C70792
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
July 7, 1992
Discussion Items
Planning
1L
AGENDA SECTION
NO,
ORIGINATING DEPARTMENT
ITEM
NO,
to
Tree Preservation
Policy
BY:
David L. Carlberg,
City Planner
REQUEST
The Andover City Council is asked to review and consider
approving the attached Tree Preservation Policy.
The City Council on May 19, 1992 directed the Tree Commission to
meet with large land owners and developers and to come to some
degree of accommodations and changes in the language for the
people who had expressed negative opinions of the Tree
Preservation Policy.
The Tree Commission met on June 1, 1992 to discuss the May 19,
1992 City Council motion and minutes and to prepare for a meeting
with large land owners and developers. The Commission met with
the large landowners and developers on June 8, 1992. On June 15,
1992 the Tree Commission met to make changes to the Tree
Preservation Policy. The minutes from the meetings listed above
are attached for Council review. The changes made to the Tree
Preservation Policy are indicated with additions being underlined
and the deletions over-stricken.
Representatives of the Tree Commission will be present to answer
questions of the Council.
COUNCIL ACTION
MOTION BY
\ TO
SECOND BY
"
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o
City
of
Andover
Tree
Preservation
Policy
.~. )
~
1992
')
,
Draft: 7-07-92
City Council Meeting
13
"
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CITY OF ANDOVER
TREE PRESERVATION POLICY
INDEX
Section I.
Purpose
"
Page
1
Section II. Applicability
1
1
2
2
3
4
Section III. Definitions
Section IV. Procedures
Development Standards
Land Disturbance Permit
Special Development Considerations
Section V. Tree & Site Related Disturbances
Appendix A
Appendix B
Appendix C
Technical Terms
5
7
7
7
8
9
11
12
Section VI. Methods of Tree Protection
Planning & Considerations
Protective Barriers
Encroachment
Reclamation of the Growing Site
Checklist for Tree Protection Plan
,~
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Bosell:TreePreservePolicy
,J
Draft: 7 July 1992
City Council Meeting
TREE PRESERVATION POLICY
CITY OF ANDOVER
C.OUNTY OF ANOKA
STATE OF MINNESOTA
I. Purpose. The purpose of this policy is to preserve and
protect significant trees or stands of trees whose loss due to
land disturbances would affect the character of neighborhoods,
subdivisions, public or semi-public projects and commercial
developments.
)
II. ~licabilita' This policy shall apply to any person or
entity~hat would isturb land areas and impact significant trees
or stands of trees in neighborhoods, subdivisions, commercial
building developments, public and semi-public projects such as
streets, utilities and parks whether disturbed by a public agency
or private developer; except where the City Council may waive
these requirements where there would be a greater public need for
the project than to meet the requirements of this policy. A
public hearing shall be held before declaring such a waiver. The
property owners within three hundred fifty (350') feet of the
site shall be notified at least ten (10) days before the hearing.
The terms and provisions of the Tree Preservation Policy in
conjunction with the City Tree Ordinance No. 29C shall apply to
all activity which requires the issuance of a Land Disturbance
Permit.
III. Definitions. All words in these standards have their
customary dictionary definition except as specifically defined
herein. The word "shall" is mandatory and the word "should" is
permissive. Technical terms used in this Policy are defined in-
Appendix A.
Buildable Area - the portion of a lot which is not located within
any minimum required yard, landscape strip/area, or buffer; that
portion of a lot wherein a building may be located.
City Forester - the agent of the City of Andover assigned to the
Forestry Department (Public Works Department) and having the
primary responsibilities of administration and enforcement of the
Tree Preservation Policy.
City Tree Ordinance No. 29C - an Ordinance Relating to the
Preservation of Shade Trees and the Prevention of Epidemic
Diseases in Shade Trees Within the City of Andover.
,)
Crown dripline - a vertical line extending from the outer surface
of a tree's branch tips down to the ground.
DBB - diameter-at-breast-height is a standard measure of tree
SIZe, and is a tree trunk diameter measured in inches at a height
of four and one-half (4 1/2') feet above ground. If a tree
splits into multiple trunks below four and one-half (4 1/2')
.feet, then the trunk is measured at its most narrow point beneath
the spli t.
Draft: 7-07-92
City Council Meeting
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Land Disturbance Permit - an official authorization issued by the
Forestry Department (Public Works Department), allowing
defoliation or alteration of the site for the commencement of any
commercial or residential construction~Agricultural practices
will be exempted from this provision of this Policy.
"
Protection Zone - all lands that fall outside the buildable area
of a parcel.
Significant Trees - any deciduous hardwood tree measuring twelve
(12") inches in diameter DBH or greater, or a coniferous tree
measuring eight (8") inches in diameter DBH or greater.
Specimen Tree or Stand - any tree or grouping of trees which has
been determined to be of a high value by the City Forester/Tree
Inspector because of its species, size, age, or other
professional criteria.
Structure - anything manufactured, constructed or erected which
is normally attached to or positioned on land, including portable
structures.
Tree - any self supporting woody plant, usually having a single
woody trunk, and a potential DBH of two (2") inches or more.
Tree Protection Plan - plan established in Section IV(B) of the
Tree Preservation Policy and Appendix C.
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Tree Preservation Policy - approved and adopted by the City of
Andover Council to regurate and provide standards and guidelines
for the preservation of trees through development and
construction process within the City of Andover.
Woodlot - any wooded area with significant trees.
IV. Procedures (Summarized in Figure 1).
A. Development Standards. Developments shall be designed to
preserve large trees and woodlots where such preservation would
not affect the public health, safety or welfare. The City may
prohibit removal of all or part of a woodlot or stand of trees.
In addition, nothing in this policy shall prevent building on
an existing lot of record, provided that such building shall be
designed to save as many trees as possible. This decision
shall be based on, but not limited to, the following criteria:
1. Size of woodlot tree.
2. Species, health and attractiveness of the trees
including:
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a. sensitivity to disease
b. life span
c. nuisance characteristics
d. sensitivity to grading
Potential for transplanting.
3.
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Draft: 7-07-92
City Council Meeting
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4. Need for thinning a woodlot.
5.
Effect on the functioning of a development.
B.
Land Disturbance Permit.
"
1. Sketch plan shall show large stands of significant
trees.
2. A Tree Protection Plan shall be submitted with the
tollowing:
a. Preliminary plat for the subdivision of property.
b. Sketch plans for the subdivision of property.
c. Other permit drawings as a part of the Building
Permit process.
d. Commercial Site Plans, either as a separate
drawing or as part of the Landscape Plan.
3. The Tree Protection Plan shall include the following
Tnformation:
a. Definition of spatial limits:
(1) Limits of land disturbance, clearing, grading
and trenching
(2) Tree protection zones
(3) Specimen trees or stands of trees.
b. Detail drawings of tree protection measures (where
applicable) :
(1) Protective tree fencing
(2) Tree protection signs
c. Drawings indicating location of applicable
utili ties:
(1) City water or well
(2) City sewer or septic system
(3) Electricity
(4) Gas
(5) Cable TV
(6) Telephone
4. These plans shall be reviewed by the City
Forester/Tree Inspector for conformance with Tree
Preservation Policy, in conjunction with the City Tree
Ordinance No. 29C, and will either be approved, or returned
for revisions. Reasons for denial shall be noted on the
Tree Protection Plan, or otherwise stated in writing.
Draft: 7-07-92
City Council Meeting
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5. Issuance of the Land Disturbance Permit is contingent
upon approval of sketch lans for the subdivision of
residential property or t e Tree Protect~on P an or other
building permit processes or commercial site plans.
6. City Staff may submit the
Iorester for a recommendation.
by the developer or builder.
plan to a consulting
Any costs shall be paid for
7. All tree protection measures shall be installed prior
to *aAe-eis~~feaAeeT beginning building construction and
inspected by the City Forester/Tree Inspector.
8. The City Forester/Tree Inspector will conduct follow-
up site inspections for enforcement of the Tree
Preservation policy in conjunction with the City Tree
Ordinance No. 29C.
9. If any significant tree in development or building
site is cut, damaged or the area within the tree's dripline
has been encroached upon by grading equipment without City
authorization, the City shall require planting of two (2)
new trees. In addition, if the City determines that a
damaged tree will probably not survive, it shall be removed
by the developer.
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a. Any trees required to be planted shall be varied
in species, shall maximize the use of species native
to the area, shall not include any species under
disease epidemic and shall be hardy under local
conditions. Trees shall be at least two and one-half
(2 1/2") inches in diameter for deciduous trees and
eight (8') feet tall for coniferous trees per nursery
standard measurements.
b. Any trees required to be planted shall be replaced
if they die or appear to be dying within one (1) year
of planting by the person responsible for the
planting.
d. The developer/contractor shall escrow 150% of the
project cost of tree replacement when tree conditions
do not allow the trees to be planted at the time of
the development or construction.
~-~
C. Special Development Considerations.
increase must save significant or specimen
Council may require a Special Use Permit.
Any proposed density
trees. The City
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City Council Meeting
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1. The City Forester will conduct a preliminary review of
all Special Use Permit applications.
2. A field review of select cases will occur under the
following conditions:
a. For planed unit developments and major development
cases.
b. Other cases as determined necessary by the
preliminary review.
3. Conditions to Special Use Permits will be applied
where determined necessary by the preliminary review.
These conditions may either be general, or specific in
nature, and will reflect the standards or provisions of the
Tree Preservation policy in conjunction with the City Tree
Ordinance No. 29C.
4. The City may reduce the maximum allowed density under
Density Zoning or the Planned Unit Development on
developments that have significant trees, where such
reduction would save all or part of such significant trees.
Any Required Significant Trees: The City Council may
require the clustering of dwellings in the form of
townhouses, quads, apartments or similar uses, where it is
necessary to preserve significant trees.
,J
5. Compliance to these conditions will be verified by
Staff review of a-FeY~5ea-S~te-P~aR-~F~eF-te-tAe-~5s~aRee_
ei-a-LaRa-9~st~FhaRee-PeFm~t the appropriate plans prior to
building construction.
Tree & Site Related Disturbances.
V.
A. Tree protection zones, specimen trees or stands of trees
designated to be saved must be protected from the following
damages which may occur during all phases of land disturbance
and construction processes. Methods of tree protection and
disturbance prevention are provided in Section IV.
1. Direct physical root damage
2. Indirect root damage
3. Trunk and crown disturbance
B. Direct physical root damage most frequently occurs during
site clearing and grading operations, where transport or feeder
roots are cut, torn, or removed.
~)
1. Transport and feeder roots tend to tangle and fuse
among the roots of adjacent trees. The removal of trees
with heavy machinery along the outer periphery of a tree
save area.
Draft: 7-07-92
City Council Meeting
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2. The most substantial form of root damage for all root
types occurs in the form of cut roots. Roots are cut in
grade reduction, or from trenching for underground
utilities, sanitary sewer, or storm sewer lines.
3. A more subtle type of root damage is the loss of
feeder roots. Feeder roots normally occur within the
organic layer, and the surface four (4") inches of top
soil, subsequently, these roots can be easily damaged by
the track action from a single bulldozer pass. The
stripping of top soil within a tree's critical root zone
can totally eliminate its feeder root system.
C. Indirect root damage through site modification can result
from positive grade changes, temporary storage of fill
material, the sedimentation of erosion materials, soil
compaction, and soil chemical changes.
1. Positive grade changes from fill and sedimentation
causes a decrease in soil oxygen levels. An increase in
soil carbon dioxide and other toxic gasses can also occur,
leading to large areas of anaerobic conditions. Anaerobic
soil conditions cause a decrease in the root respiration
process which is essential for the uptake and transport of
minerals and nutrients.
o
2. Anaerobic soil conditions are also produced by soil
compaction, the increase in soil bulk density with a
decrease in soil spore space. Compacted soil is also
impervious to root penetration, and thus inhibits root
development. Soil compaction is generally caused by the
weight and vibrations of heavy machinery, vehicle parking,
and the storage of fill and/or construction materials
within the critical root zones of trees.
3. Changes in soil chemistry will adversely affect tree
survival. The most frequent occurrence is the change
(decrease) in soil acidity by concrete washout. Most trees
native to Anoka County area prefer slightly acidic soils;
concrete residues are highly basic. The leakage or
spillage of toxic materials such as fuels or paints can be
fatal for trees.
D. Trunk and crown disturbances are generally mechanical in
nature and are either caused directly by clearing and grading
machinery, or indirectly by debris being cleared and falling
into trees marked for protection.
1. Common forms of damage include stripped bark and
cambium, split trunks, and broken limbs.
2. Damage also occurs from the posting of signs such as
building permits, or survey markers on trees.
~
3. Indirect damage can be caused by the placement of burn
holes or debris fires too close to trees. The possible
range of damage include scorched trunks with some cambial
Draft: 7-07-92
City Council Meeting
7
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dieback, the loss of foliage due to evaporative heat stress
(leaf desiccation), and completely burned trunks and
crowns.
VI. Methods of Tree Protection.
A. Planning and considerations. Tree space is the most
critical factor in tree protection throughout the development
process. The root system of trees can easily extend beyond the
dripline of the tree canopy (Figure 3). The root system within
the dripline region is generally considered to be the critical
root zone. Disturbance within this zone can directly affect a
tree's chances. With reference to root zones, the following
standards shall apply:
~
1. The use of tree save islands and stands is encouraged
rather than the protection of individual (non-specimen)
trees scattered throughout a site. This will facilitate
ease in overall site organization as related to tree
protection.
2. The protective zone of specimen trees or stands of
trees or otherwise designated tree save areas shall include
no less than the total area beneath the tree(s) canopy as
defined by the farthest canopy dripline of the tree(s). In
some instances, the City Forester may require a protective
zone in excess of the area defined by the tree's dripline.
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3. Layout of the project site utility and grading plans
shall accomodate the required tree protective zones.
utilities must be placed along corridors between tree
protective zones.
4. Construction site activities such as parking, material
storage, concrete washout, hole placement, etc., shall be
arranged so as to prevent disturbances within tree
protective zones.
5. No disturbance shall occur within the protective zone
of the specimen trees or stands of trees without prior
approval by the City Forester.
B. Protective Barriers.
1. Active protective tree fencing shall be installed
along the outer edge of and completely surrounding the
critical root zones of all specimen trees or stands of
trees, or otherwise designated tree protective zones, prior
to any ~aRe-e~5~~fBaRee building construction.
2. These fences will be a minimum four (4') feet high.
Four (4') feet orange polyethelyne laminar safety fencing
is acceptable (Figure 4).
,)
3. Passive forms of tree protection may be utilized to
delineate tree save areas which are remote from areas of
land disturbance. These areas must be completely
surrounded with continuous rope or flagging (heavy mil _
Draft: 7-07-92
City Council Meeting
8
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minimum four [4"] inches wide).
protection must be accompanied
signage (Figure 5).
All passive tree
by "Keep Out" or "Tree Save"
4. All tree protection zones should be designated as such
with "Tree Save Area" signs posted visibly on all sides of
the fenced area. These signs are intended to inform
subcontractors of the tree protection process. Signs
requesting subcontractor cooperation and compliance with
tree protection standards are recommended for site
entrances.
5. All tree fencing barriers must be installed prior to
and maintained throughout ~aAa-a~5t~fBaAee-pfeee55-aAa
building constructionT and should not be removed until
landscaping is installed.
C. Encroachment. Most trees can tolerate only a small
percentage of critical root zone loss. If encroachment is
anticipated within the critical root zones of specimen trees,
stands of trees, or otherwise designated tree protective zones,
the following preventive measures shall be employed:
"J
1. Clearing Activities: Roots often fuse and tangle
amongst trees. The removal of trees adjacent to tree save
areas can cause inadvertent damage to the protected trees.
Wherever possible, it is advisable to cut minimum two (2')
foot trenches (e.g., with a "ditch-witch") along the limits
of land disturbances, so as to cut, rather than tear,
roots.) Directionally felling trees outward into
disturbance areas and grinding stumps is also acceptable.
2. It is very strongly suggested that all clearing in oak
stands be done before May 1st and after July 1st of each
season. This will help to keep the inadvertent wounding of
trees with the consequential spread of oak wilt. If
clearing has to be done at this time, all stumps and
wounded trees shall have the wound areas painted thoroughly
with a tree paint. To be effective, the painting shall be
performed within the same day of cutting. Should oak wilt
get started as a result of construction during the months
of May and June, then the developer/builder shall pay for
all additional oak wilt control measures needed to control
the disease. This is in accordance with the City Tree
Ordinance No. 29C.
3. Where the City Forester/Tree Inspector has determined
that irreparable damage has occurred to trees within tree
protective zones, they must be removed and replaced by the
developer/builder as defined in Section IV(B)8~.
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TYPICAL CRITICAL ROOT ZONE
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r,llNI1'IU1 . , rEAVY i'llLL PL~S7IC, DARK LEI 1~-<l1\'G ON 2RIGl-11 E.~CKGRCUND
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Draft: 7-07-92
City Council Meeting
9
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TREE PRESERVATION POLICY
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
"
APPENDIX A
TECHNICAL TERMS:
Cambium - tissue within the woody portion of trees and shrubs
which gives rise to the woody water and nutrient conducting
system, and the energy substrate transport system in trees.
Cambial dieback - the irreparable radial or vertical interruption
of a tree's cambium, usually caused by mechanical damage, such as
"skinning bark", or from excessive heat.
Coniferous - belonging to the group of cone-bearing evergreen
trees or shrubs.
Critical Root Zone - the rooting area of a tree established to
limit root disturbances. This zone is generally defined as a
circle with a radium extending from a tree's trunk to a point no
less than the furthest crown drip1ine. Disturbances within this
zone will directly affect a tree's chance for survival.
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Deciduous - not persistent; the shedding of leaves annually.
Feeder roots - a complex system of small annual roots growing
outward and predominantly upward from the system of "transport
roots". These roots branch four or more times to form fans or
mats of thousands of fine, short, non-woody tips. Many of these
small roots and their multiple tips are 0.2 to 1mm or less in
diameter, and less than 1 to 2mm long. These roots constitute
the major fraction of a tree's root system surface area, and are
the primary sites of absorption of water and nutrients.
Major Woody Roots - first order tree roots originating at the
"root collar" and growing horizontally in the soil to a distance
of between 3 and 15 feet from the tree's trunk. These roots
branch and decrease in diameter to give rise to "rope roots".
The primary function of major woody roots include anchorage,
structural support, the storage of food reserves, and the
transport of minerals and nutrients.
Root Collar - the point of attachment of major woody roots to the
tree trunk, usually at or near the groundline and associated with
a marked swelling of the tree trunk.
Root Respiration - an active process occurring throughout the
feeder root system of trees, and involving the consumption of
oxygen and sugars with the release of energy and carbon-dioxide.
Root respiration facilitates the uptake and transport of minerals
and nutrients essential for tree survival.
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Draft: 7-07-92
City Council Meeting
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Rope Roots - an extensive network or woody second order roots
arising from major woody roots, occurring within the surface 12
to 18 inches of local soils, and with an average size ranging
from .25 to 1 inch in diameter. The primary function of rope
roots is the transport of water and nutrients, and the storage of
food Feserves.
Soil Compaction - a change in soil physical properties which
includes an increase in soil weight per unit volume, and a
decrease in soil pore space. Soil compaction is caused by
repeated vibrations, frequent traffic and weight. As related to
tree roots, compacted soil can cause physical root damage, a
decrease in soil oxygen levels with an increase in toxic gasses,
and can be impervious to new root development.
Transport Roots - the system for framework of tree roots
comprised of major woody roots and rope roots.
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Draft: 7-07-92
City Council Meeting
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TREE PRESERVATION POLICY
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
','
APPENDIX B
RECLAMATION OF THE GROWING SITE:
1. A tree's ability for adequate root development, and
ultimately its chances for survival, are improved with
reclamation of the growing site.
a. Whenever possible, the soil should be brought back
to its natural grade. Unnecessary fill, erosion
sedimentation, concrete washout, and construction
debris should be removed. When machinery is required
for site improvement, it is recommended that a "bob-
cat" or similar light weight rubber tire vehicle be
used so as to minimize soil compaction.
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Draft: 7-07-92
City Council Meeting
12
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
APPENDIX C
CHECKLIST FOR TREE PROTECTION PLAN:
Contact the City of Andover Forestry Department (Public Works
Department) at 755-8118 for a Site Inspection upon completion of
landscape installation.
1. Tree Protection Plans.
a. Provisions for tree protection on the site shall be,
as minimum, in conformance with the requirements of the
City of Andover Tree Preservation Policy in conjunction
with the City Tree Ordinance No. 29C.
b. A Tree Protection Plan shall be submitted either as
part of the Landscape Plan, or as a separate drawing, to
include the following:
( 1 )
( 2 )
( 3 )
,
"J ( 4 )
( 5)
( 6 )
( 7)
( 8 )
All tree protection zones
Approximate location of all specimen trees or
stands of trees
Approximate location of all specimen trees when
their preservation is questionable, or might
result in a change of the site design
Indicate those specimen trees to be removed.
removal of specimen trees is subject to City
Forester approval.
Limits of clearing and land disturbance such as
grading, trenching, etc. where these disturbances
may affect tree protection zones.
Proposed location of underground utilities.
Methods of tree protection shall be indicated for
all tree protection zones, aeration systems,
staking, signage, etc.
The plan should indicate staging areas for
parking, material storage, concrete washout, and
debris burn and burial holes where these areas
might affect tree protection.
C. The following notes shall be indicated on both tree
protection plans and grading plans in large letters:
(1) Contact the City Forestry Department (Public
Works Department) at 755-8118 to arrange a pre-
construction conference with the City
Forester/Tree Inspector prior to any land
disturbance.
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(2) All tree protection measures shall be installed
prior to soil disturbance.
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CITY of ANDOVER
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SPECIAL TREE COMMISSION MEETING - JUNE 1. 1992
MINUTES
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A Special Meeting of the Andove. T.ee Commission was called to o.de.
by Chai.pe.son Bob Whitc.aft on June 1. 1992: 7:00 p.m.. at the
Andove. City Hall, 1685 C.osstown Bouleva.d NW. Andove., Minnesota.
Commissione.s p.esent:
Commissione.s absent:
Also p.esent:
Michael Click. Kevin Ma.tin. Ha.old Sullivan
None
City Planne., David Ca.lbe.g
City T.ee Inspecto., Ray Sowada
Je..y Windschitl
M.. Ca.lbe.g announced the .esignations of Lo.etta Ma.y Boyum and
Scott Thomas f.om the Commission.
APPROVAL OF MINUTES
May f8, 1992: Co..ect as w.itten.
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-) MOTION by Whitc.aft, Seconded by Ma.tln, to accept the meeting
Minutes of May 18 as stated. Motion ca..ied unanimously.
ORDINANCE NO. 29C AND THE TREE PRESERVATION POLICY DISCUSSION
M.. Ca.lbe.g explained the City Council has .etu.ned the o.dinance and
T.ee P.ese.vation Policy to the T.ee Commission to look at the
following items: the abatement p.ocedu.e, especially ~ega~ding la~ge
pa.cels: the time const~aints in the o~dinance: the application of the
Policy on ag~icultu~e.
Chai.pe~son Whiftc.aft explained the pu~pose of the meeting is to have
the Commission discuss those items and suggest cla~ifications in the
o.dinance and policy. Next Monday, the Commission will meet with
develope.s. la~ge land owne.s. and ag~icultu~al ~ep~esentatives to
hea~ thei~ comments and conce~ns.
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M.. Windschitl suggested the Commission dete~mine whethe. they want to
develop a p~og~am fo~ diseased t.ees and its p~evention o. to develop
a policy to cont.ol develope.s and homeowne.s. He felt few people
would a~gue with a diseased t~ee p.og~am, but the p~oblem is if
someone can't plow 40 ac.es o. can't build a home whe~e he/she wants
o~ can't build a ~oad in a specific location of a development.
Chai.pe.son Whitc~aft explained the o.dinance is di.ected p.ima~ily
towa~d the identification and cont~ol of shade t~ee diseases. The
long-te.m objective is not only to cont.ol diseases, but to cont.ol
the t~ee ~esou.ces du~ing development.
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Special Andover Tree Commission Meeting
Minutes - June 1. 1992
Page 2
(Ordinance 29C and Tree Preservation Policy Discussion~ Continued)
Mr. Carlberg explained the Policy calls for a review and permit
process prior to any development. The City Forester will work with
the owner/developer to try to preserve stands of trees and find
alternate routes. Agriculture does need to be addressed. It is not
intended to restrict someone who wants to cut the trees down but to
control and preserve as much of the tree resources as possible.
Mr. Windschitl felt the developers in Andover have been responsible
when it comes to tree preservation. as they recognize their value. HIs
prOblem Is with how this can be interpreted. noting Andover has
traditionally enforced its ordinances and policies with some degree of
vigor. Chairperson Whitcraft stated the Commission Intends to look at
the documents this evenIng and perhaps change the language that is
threatening or unclear.
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Mr. Windschitl stated he determined the costs to remove five trees
would be $1.585. He also envisioned the City telling someone who paid
a premium price for a wooded lot how and where he/she must place their
house to save the trees. Mr. Carlberg stated normally a developer will
burn the trees on site. This is an attempt to keep trees from being
damaged during construction. It also only calls for replaCing trees
two for one when a tree whIch was to be protected does become damaged,
not to replace every tree that Is removed from the plat. ChaIrperson
Whitcraft stated the CIty wIll gIve advise and Information regardIng
the preservation of trees. The homeowner is the one to make the
decIsIon about the trees on hIs/her property. It Is dIrected toward
the unethIcal or ignorant who don.lt understand what is at stake.
Mr. WindschItl also explained that because of the CIty's
clear-cutting the boulevards, if a slope is Involved, It
necessary to cut back as much as 15 feet Into the lot.
on 145th Avenue In KensIngton.
policy of
may be
That happened
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The CommIssion then revIewed Ordinance No. 29C. Because the intent
has always been to not requIre owners of large tracks of land to
remove all diseased trees. whIch is very costly, the CommissIon
discussed several ways that should be specifIcallY stated In the
ordInance. One suggestIon was to apply the ordInance to parcels of
2.5 acres or less: however, it was argued that the size of the parcels
Is irrelevant when other parcels are threatened. It was also felt
that withIn a control area. the CIty may want to try to isolate
diseased centers from spreading any further within a particular stand
of trees. Chairperson Whitcraft also noted the mIsunderstandIng that
a tree disagnosed with oak wilt must be removed. That is not the
intent. The intent Is to stop the spread of the disease. Mr. Carlberg
said the intent was to put some of the larger tracks of land in the
control area where the City will use the vibrating plow to protect the
healthy trees.
Special Andover Tree Commission Meeting
Minutes - June 1. 1992
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(Ordinance 29C and Tree Preservation Policy. Discussion. Continued)
Mr. Windschitl stated the fear is in Section 5. Subdivision 1. the
public nuisances are listed. and Section 7 tells the abatement for
those nuisances and Section 8 tells the time frame in which it will be
done. An ordinance must treat everyone uniformly, and there is no
language in the ordinance which supports the Commission's intent.
Several attempts were made to change or add language to Section 4,
Subdivision 1 and Section 5. Subdivision 1: however. after further
discussion. the Commission agreed to leave the language as stated.
To reduce the threatening nature of the language in Section 5.
Subdivision 2. and to more clearly define the intent. the following
language was agreed to:
Abatement. It is unlawful for any person(s) to permIt the spread
of a public nuisance as defined in SubdivIsion 1 across his or her
property lines and in any specified control areas as establIshed by
the CI ty.
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Staff noted one of the major concerns they hear from residents is the
threat of a dead tree on a neighboring parcel falling on their own
land or house. They suggested SectIon G be added to include that as a
publIc nuisance. After some dIscussion. the CommIssIon felt that does
not relate to tree disease conditions, which is what Is contained in
this section.
It was also noted that if it is unlawful to have these nuisances exist
and someone Is found in violatIon but the City is not in a position to
use the vibratory plow, there will be a cost to the property owner to
abate the nuisance. which for oak wilt will probably mean to sever
the roots along the property line. It was also noted that because of
the width of the vibratory plow. in most cases it will not be able to
be used in the small-lot urban area.
Section 6. Subdivision 3. Diagnosis. It was the understanding of the
Commission that the University of Minnesota is no longer analyzing
tree samples for disease, though it is not known whether they will do
so again In the future as fundIng permits. It was also felt that in
the future other labs may be doing that work. and it was agreed to
reword Paragraph B to encompass that possIbility:
...send appropriate specimens or samples to the Commissioner of
Agriculture, University of Minnesota. or any State certIfied
testIng lab for analysis...
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Mr. WindshItl poInted out that when analyzing the map showing the
Infection areas of oak wilt. the largest areas of infection occur in
the farmIng areas, in the cIty and county parks, and in the 2 1/2-acre
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Special Andover Tree Commission Meeting
Minutes - June 1. 1992
Page 4
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(Ordinance 29C and Tree Preservation Policy Discussion. Continued)
lot developments. There Is virtually no infection in the sma I I lot
development areas. Mr. Sowada explained the problem in the urban
development Is construction damage, which is why the Tree Preservation
Polley is being proposed.
Section 6. Subdivision 3. Paragraph C: Because concerns were raised
by the residents regarding the time constraints. the Commission agreed
to change the time to seven days. The paragraph to read:
It is the responsibility of the property owner or contractor to
notify the City of the results of the dIagnosis in writing.
Notification to the City must be done within seven (7) days of
receipt of the diagnosis.
Section 8. Subdivision 1: The time period to carry out the abatement
is 20 days. The Commission felt that is a standard time period and
recommended no change to this section.
Section 8. Subdivision 5: Mr. Wlndschitl felt this section adds a
great liability to the residents which they haven't had before.
The boulevards are owned by the City, yet the ordinance requires the
') residents to take care of the trees In the boulevards. Staff explained
'J that has been the unwritten policy of the City. The Commission
recommended the City Council declare a policy on boulevard trees.
They also recommended this section be changed according to the policy
to be set by the Council.
Section 9. SpraYing Trees: The Commission felt that the spraying of
trees is very well regulated and that this section of the ordinance Is
needed. No changes were recommended.
No further recommended changes were made to the ordinance. The
following suggestions were made to clarify points In the Tree
Preservation Policy:
Definition of Land Disturbance Permit - The Commission noted the
policy does not address agricultural uses where someone may wish to
remove trees to farm the land. The permit is for construction
activities only. To clarify further, It was recommended this
paragraph read:
- an official authorization issued by the Forestry Department
(Public Works Department), allowing defoliation or alteration of
the site for the commencement of any commercial or residential
construction. Agricultural practices will be exempted from this
provision of this policy.
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Special Andover Tree Commission Meeting
Minutes - June 1. 1992
Page 5
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(Ordinance 29C and Tree Preservation Policy Discussion. Continued)
Section IV. B. 8: The Commission noted the intent is that once a
plan has been done for a lot or subdivision which determines which
significant trees are to be preserved, if any of those trees are
damaged. they are to be replaced two for one. The replacement policy
is not for any significant tree that is removed from the parcel as
many residents have interpreted it, but for any significant tree that
was to be preserved but was SUbsequently damaged.
Mr. Windschitl felt there is a contradiction between the buildable
area and the protection zone. He interpreted the policy to mean that
the trees within the protection zone, which is where the utilities are
put, cannot be removed. Chairperson Whitcraft explained that the
intent is not to stop construction and development or impose a
hardship on anyone, but to preserve as many trees as possible. The
key phrase is "without City authorization". If the City authorizes
trees to be removed for utilities. fine. If it is supposed to be
saved but is destroyed, then it has to be replaced two for one.
The Commission felt the paragraph clearly states the intent and
recommended no change at this time.
There were no further recommendations on the Policy.
OTHER BUSINESS
The Commission agreed to meet with large land owners, developers and
others to discuss their comments and concerns on June 8, 1992, 7 p.m.
There will be a round-table discussion with the residents for about
1 1/2 hours, after which the Commission will discuss their
recommendation to the City Council.
MOTION by Martin, Seconded by Click. to adjourn. Motion carried
unanimously.
The meeting adjourned at 9:34 p.m.
Respectfully submitted,
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Marcella A. Peach
Recording Secretary
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CITY of ANDOVER
TREE COMMISSION MEETING - JUNE 8. 1992
" MINUTES
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A Spec i a I Meeti ng of the Andover- Tr-ee Commi ss i on was ca II ed to or-der-"
by Chair-per-son Bob Whitcr-aft on June 8. 1992: 7:06 p.m.. at the
Andover- City Hall, 1685 Cr-osstown Boulevar-d NW, Andover, Minnesota.
Commissioner-s pr-esent:
Commlssioner-s absent:
Also pr-esent:
Michael Click, Kevin Mar-tin, Har-old Sullivan
None
City Planner-, DavId Car-Iber-g
City Tr-ee Inspector-, Ray Sawada
City Councilmember-, Mar-ge Per-ry
Others
ORDINANCE 29C AND TREE PRESERVATION POLICY DISCUSSION WITH DEVELOPERS
AND LARGE LAND OWNERS
Chairper-son Whitcraft explained thIs portion of the meeting is to
receive information from developers and large land owners regardIng
their concerns and recommendatIons on the proposed tree ordInance and
preservatIon polley.
Bonnie Dehn understood the funding of the program wIll be by
application for- a $250,000 gr-ant. Given the lImited funding of the
City, she was concerned about adding another financial bur-den to the
City's budget for- this pr-ogr-am. Chalr-per-son Whltcr-aft explaIned the
CIty can apply for- a por-tlon of those funds as matching monIes for- oak
wIlt control. The CommIssion Is also aware of the financial situation
of the City and understands that the amount of fundIng will be
limited. There wil I be a need to have someone r-un the program, but
the City Council wil I make those decisions based on funds available.
Ms. Dehn noted those state and federal funds usually work fine for a
year- or two, but then they are eliminated. What happens to this
program then? She also poInted out the CommissIon has stated the
intent is not to force a financial burden upon the large property
owners; however, there is nothing In the ordInance that states that
intent. ChaIrperson Whitcraft noted the change made at the last
meeting to SectIon 5, SubdIvision 2 to emphasize the intent to prevent
the spread of these publIc nuisances across property lines. Mr.
Car-Iberg also explained the proposal of using the vibratory plow in
those areas designated by the City in an attempt to contain the oak
wilt disease. The cost of the plow to the City wil I only be for fuel
and the time of the person operating it. It is anticipated if the
plow is used in the control zone which has been set up by the City,
there wil I be no charge to the land owner.
Ken Slyzuk stated he has not been shown any proof that the vibratory
plow works to prevent the spread of oak wilt. He stated the disease
is a natural occurrence which r-eplenishes itself with new qrowth.
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Special Andover Tree Commission Meeting
Minutes - June 8. 1992
Page 2
(Ordinance and Prese~vation Policy Discussion. Continued)
Chairperson Whitcraft stated the experts are saying that by severing
the roots of the diseased trees from the healthy ones, there has been
a 85 to 90 percent success rate. But it is important to keep the roots
severed for at least three years. They referred those interested to
Dan Gillman of the Minnesota Department of Agriculture.
Chuck Cook reviewed his concerns which he had written to the City
about the cost of tree replacement. The Commission explaIned there
has been a mIsunderstandIng of what trees need to be replaced. The
Policy refers to only those trees to be saved that had been agreed
upon by the developer and CIty. If one of those trees is destroyed.
it must be replaced two for one. Mr. Cook dIdn't think that was
specifically stated in the Policy.
Jerry Windshitl felt what the Commission Is sayIng is physIcally
impossIble. He said the specifIc trees to be saved cannot be located
at the time of the sketch plan without actually surveying the
property.
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Gary Gorham agreed that the specIfIc trees and their locations cannot
be identified at the sketch plan stage. He revIewed the steps of
development and felt that once the roads are cut and lots staked. then
the specific trees on the lots can be Identified. but not before. Mr.
Carlberg stated at the time of the sketch plan. the major stands of
trees should be shown and an attempt made to work around them.
Mr. Gorham stated once the plat has been graded to the grading plan
and they are in the process of developing the lots. then they are In a
position to designate which trees are to be saved and the preservation
policy is workable. Before that he felt It is impossible to do. He
also stated that no developer in his right mind would destroy trees
unless he has to because they are worth a lot of money, and they try
to work around stands of trees as much as possible. But the objective
is to try to keep affordable housing: and moving the road to save a
tree also affects the prIce of a lot. Who makes the determination of
whether it is better to keep affordable lots or to save a tree? Once
the grades are set. then they can live wIth the ordinance.
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Mr. Windschitl asked if the CIty has the legal rIght to control
prIvate property. If he owns 40 acres of woods. he didn't think the
City can stop him from harvesting the wood. Chairperson WhItcraft
agreed. Mr. WIndschItl dIdn't thInk the CIty had the rIght to tell a
developer which tree he can or cannot cut down. He stated that the
majority of developers In Andover have been conscious of the trees.
and the developments stIll look fUlly wooded. Mr. Sowada noted the
problem is specific trees on individual lots that are lost two or
three years after the house Is buIlt because care was not taken around
that tree during construction.
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Special Andover Tree Commission Meeting
Minutes - June 8. 1992
Page 3
(Ordinance and Preservation Policy Discussion. Continued)
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Mr. Windschitl stated there is no guarantee this wil I resolve that
problem, stating one cannot control Mother Nature. He stated it will
be very expenSive just havIng to comply with the fencIng requirement
around every signIficant tree and wooded lot. He asked If the
Commission envisions having four-foot high fencing along both sides of
the road right of ways as the roads are beIng constructed. The
CommIssion felt passive roping would be suffIcIent In most cases.
Some type of barrIer Is needed to IndIcate the drIp lIne of the tree.
Mr. Gorham stated the fencing is workable when working on individual
lots to preserve a tree, but not when developing a large parcel of
land and InstallIng streets, utIlitIes, draInage, etc.
Mr. Windschitl asked for a legal opInIon on the preservation policy,
as It does not meet wIth crIteria for public health, safety and
welfare. Councllmember Perry asked where In the polley it would
prohibIt someone from sellIng the trees/wood on theIr land. She saId
the intent is not to prevent the harvesting of crops. The Commission
noted the clarification made at the last meeting to the Land
DIsturbance Permit that agricultural practIces will be specifically
exempted.
Mr. Windschitl stated there is a conflict in definitions between
specimen trees, tree stands, signifIcant trees and protectIon zones.
Section IV C 4 also gives the City Council authority to tell
developers to buIld multIples when al I developers In Andover are
single famIly home developers. He also pointed out that Section IV
A. gives the CIty authorIty to stop any actIvIty by prohIbIting the
removal of all or part of a woodlot or stand of trees. whether it is
putting in a road, buildIng a house, anythIng. There Is no law that
wIll support thIs pOlley. As a property owner, he has rIghts. He
also stated the pOlicy Is arbItrary. There has to be some crIterIa.
some rules that everyone must fol low. As wrItten, he felt It Is open
to InterpretatIon.
Mr. Slyzuk feared the "Intent" as stated by the Commission Is not
wrItten. It Is scary to read that hIs trees can be marked and he wIll
have 20 days to get rId of them. If that Is not the Intent, It should
be specIfIcally stated. As wrItten, It is so vague that anyone can
Interpret it to hIs own opinIon. He also stated that In the urban
area. the lots are so small that there Is no room to stockpIle the
dirt when dIggIng basements. Mr. Slyzuk also stated he has 80 acres
of trees that Is infected wIth oak wIlt. The aids ones are dying. but
new healthy ones are growIng. The proposed ordinance and policy scare
him If he wil I be told to get rid of them. He also asked what
criteria will be used to determine "agrIcultural practices" whIch will
be exempted. Will the property have to be In Ag Preserve. In Green
Acres. of a specIfIc size? He has 80 acres that Is not being used for
anything. Is that consIdered ag land?
Special Andover Tree Commission Meeting
Minutes - June 8. 1992
'\ Page 4
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(Ordinance and Preservation Policy Discussion, Continued)
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Mr. Carlberg stated being in Ag Preserve will not be required. Again.
the main concern will be to stop the disease from spreading to a
neighboring parcel. If Mr. Slyzuk would want to develop into
residential lots. then the Policy would apply. Also, in his case, he
may wish to ask the City to designate his 80 acres as a control zone
where the City would use the vibratory plow in an attempt to prevent
any further spread of oak wilt.
Mr. Slyzuk stated he would like to see oak wilt stopped, but he stiil
felt this is 50 years too late, that this is something that no one can
control. The Commission explained the experts say that oak wilt is
controllable and preventable. The ordinance and policy are just the
beginning. The other steps are to develop an oak wilt control plan
for the City, a reforestation program, and, most importantly, an
education program to inform the residents what they can do to preserve
their trees.
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Mr. Windshitl stated Section II of the Policy requires a pUblic
hearing any time there is a land disturbance permit issued. He
specuiated that all residents within 350 feet of the site will Object
to the cutting down of trees; and since historically the City has
yielded to the wishes of the people, he felt this clause will
virtuaiiy stop all further development in the City. Mr. Carlberg
explained the clause states the pUblic hearing will be held only in
the cases where the requirements will be waived.
Mr. Windschitl didn't believe
what the document is saying.
interpretation.
from a legal standpoint that that is
He asked that the City Attorney give an
Mr. Slyzuk asked what would happen if someone came in for a mining
permit in an area where trees must first be removed. Mr. Carlberg
stated that is something that has not been addressed, but he was
inclined to think that is more of an agricultural practice. This
policy applies toward residential development.
The Commission thanked those present for their input, then recessed at
8:43: reconvened at 8:48 p.m.
The Commission debated what direction to take. The consensus was that
Mr. Gorham.ls comments were practical, that the policy is workable once
the lots of a development are staked but may not be practical during
the sketch plan stage. Mr. Carlberg felt it would still be important
that the stands of trees be shown on the sketch plan and preserved as
much as possible. The Tree Protection Plan would then be submitted
during the preliminary piat stage. The protection zones would also be
" delineated on the grading plan. With this process, a land disturbance
~_/ permit may not be necessary.
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Special Andove. T.ee Commission Meeting
Minutes - June 8. 1992
Page 5
(O.dinance and P.ese.vation Policy Discussion, Continued)
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The Commission also did not envision fou.-foot fencing down both sides
of .oad easements. They we.e inclined to p.efe. the plastic tape and
stakes as ma.ke.s, and only a.ound those specimen t.ees that a.e to
be saved on the lots.
The Commission sensed that those .ep.esenting la.ge land owne.s and
ag.icultu.ai inte.ests we.e mo.e comfo.table with the o.dinance and
policy because of the changes .ecommended at the June 1 meeting.
The Commission felt a change in the policy di.ecting it p.ima.ily
towa.d development at the time the lots a.e specificallY dete.mined in
the field is a maJo. one which ~equi.es additional time and attention.
They ag~eed that the item should be taken off the June 16 City Council
agenda and that the Commission should meet again on Monday, June 15,
1992, to .edraft the Tree Prese~vation Policy. The other majo~
clarification to be conside~ed is the fencing ~equirements.
There being no fu.ther business, Chairperson Whitcraft declared the
meeting adjourned at 9:32 p.m. The next meeting is on Monday, June
15, 1992. 7:00 p.m.
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RespectfUlly submitted,
'M~~o-uL
~~r~lla A. Peach
Recording Secretary
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CITY of ANDOVER
TREE COMMISSION MEETING - JUNE 15, 1992
'; MINUTES
The Monthly Meeting of the Andover Tree Commission was called to order
by Chairperson Bob WhItcraft on June 15, 1992; 7:04 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present:
Michael ClIck (arrIved at 7:13 p.m.', KevIn
MartIn, Harold Sullivan,
None
CIty Planner, DavId Carlberg
CIty Tree Inspector, Ray Sawada
Commissioners absent:
Also present:
APPROVAL OF MINUTES
June 1, 1992 - Correct as wrItten.
MOTION by Martin, Seconded by WhItcraft, to approve the MInutes as
wrItten. MotIon carrIed unanIm~usly.
ORDINANCE NO. 29C AND THE TREE PRESERVATION POLICY DISCUSSION
With the input of developers and large land owners at the June 8,
1992, meeting, the CommissIon dIscussed their concerns and comments
and made the fOllOWing changes and clarifIcations:
OrdInance No. 29C -
The general feeling of the CommIssion was that with the changes made
to the ordinnace at the June 1, 1992, meeting, the ordinance is
acceptable. No further changes were proposed to the ordInance.
Tree Preservation Polley -
The Commission generally agreed to Change the focus of the Tree
Preservation Polley to require Tree ProtectIon Plans during the
prelimInary plat stage of development, as developers have stated It Is
Virtually impossible to do them at the sketch plan stage. This will
also allow them to do the gradIng to the gradIng plan prior to
installing the protection barriers called for in the Tree Protection
Plan.
Page 1, Section II. Applicability: To further clarify that the
Policy does not apply to agricultural, loggIng, or minIng uses, It was
agreed to add to lIne three of the paragraph:
...subdlvlslons, commercial building developments, publIc...
AndoveL TLee Commission MeetIng
Minutes - June 15, 1992
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(OLdinance 29C and TLe~ PLeseLvatlon Polley DIscussion, ContInued)
Page 2, SectIon IV. PLoceduLes, A. Development StandaLds: A
LesIdent had Lalsed an Issue on the statement In the paLagLaph, "The
CIty may pLohIblt .emoval of all 0. pa.t of a woodlot 0. stand of
t.ees." Afte. dIscussion, the CommIssion felt It gIves the City
authoLIty to p.ese.ve the la.ge t.ees and woodlots; but In the context
of the pa.ag.aph, It Is not as .est.lctlve as some had InteLPLeted It.
(Commissione. Click a..ived at this time; 7:13 p.m.)
Page 3, SectIon IV. PLoceduLes, B. Land Distu.bance Pe.mit: Add
1. Sketch Plan shall show la.ge stands of signifIcant t.ees.
AI lathe. items to be .enumbe.ed accoLdingly.
New Item 2, a. to .ead:
a. P.ellmina.y plat fa. the subdIvIsIon of p.ope.ty.
New Item 5, to be changed to .ead:
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Issuance of the Land Distu.bance PermIt Is contIngent upon
app.oval of sketch plans fa. the subdIvIsIon of .esldentlal
p.operty or the Tree ProtectIon Plan for other buIlding permit
p.ocesses 0. commercIal sIte plans.
Page 4, New Item 7, clarified:
All tree protectIon measures shall be Installed p.lor to
begInnIng buIldIng construction and inspected by the City
Forester/T.ee Inspector.
New Item 9, fi.st paragraph, thI.d line: change "grading equipment"
to "const.uctlon equIpment".
New Item 9, c. The Commission ag.eed to .efe.ence fencing In SectIon
VI of the PolIcy and to .equire the p.otectlve ba.rlers to be In place
prIo. to any buIlding const.uction. The intent Is that the T.ee
Protection Plan wIll be Included as a part of the BuIldIng Plans, that
the BuIldIng Department would also be Involved In tree prese.vatlon as
a pa.t of ' the 1. InspectIon p.ocess and notIfy the CIty Fo.este./T.ee
Inspecto. of any vIolatIons. ThIs pa.ag.aph to read:
Befo.e any buIldIng constructIon takes place, fencIng as .equI.ed
In SectIon VI(B) of th'Is Polley shall be placed a.ound the bo.de.s
of woodlots of the d.lpllnes of sIgnIfIcant t.ees to be prese.ved.
~~ (Last sentence to .emaln as Is.)
Andover Tree Commission Meeting
Minutes - June 15, 1992
:~ Page 3
(Ordinqnce 29C and Tree Preservation Policy Discussion, Continued)
Page 5, Section IV, C, 5: change to read:
Compliance to these conditIons will be verIfIed by Staff review
of the approprIate plans prIor to buIldIng constructIon.
Page 7, Section VI, B. Protective Barriers: The Commission discussed
when the fencing should be installed around the critical root zones of
specimen trees or stands of trees. As written, the fencing would be
up from the time of the preliminary plat on all lots. The general,
feeling was that that seems unreasonable. One intent Is to protect
those trees from damage during construction. It was agreed to change
the last line of Item 1 to read:
...or otherwise desIgnated tree protectIve zones, prIor to any
buIldIng construction.
,J
It was also the CommIssion's feeling that the size of fencing requIred
In Items 2 and 3 of thIs SectIon Is not unreasonable since It now
applIes maInly to IndIvidual lot development. Also, the fencIng can
be used over and over agaIn. The concern wIth using only rope or
flagging is that It can more easily be moved, removed, or torn down.
No change was recommended on Items 2 and 3.
Page 8, SectIon VI, B, 5: The CommIssIon felt that the protective
barrIer should be in place until after the inItIal landscapIng has
been done, as often tree damage occurs while landscaping. Item 5 to
read:
All tree fencIng barrIers must be Installed prIor to and
maIntaIned throughout buIldIng constructIon and should not be
removed untIl after InItIal landscapIng Is Installed.
Page 8, Section VI, C. 3: Last lIne, correct to read:
...developer/buIlder as defIned In SectIon IVCB)9.
Mr. Carlberg stated he wIll ask the CIty Attorney to review the
ordInance and polley prIor to the CIty CouncIl takIng actIon,
referencIng questIons raIsed at the June 8 meetIng regarding legality.
He stated the items will be placed on the July 7, 1992, City Council
agenda for their consideratIon.
, '\
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Individual CommissIoners also Indicated a desIre to meet wIth
developers to revIew the Policy as changed to better understand Its
Impact and effectiveness on tree preservation durIng development.
This will be done Individually; no specIal Tree CommIssion meeting was
scheduled.
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Andove. T.ee Commission Meeting
Minutes - June 15, 1992
Page 4
.'
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MOTION by Ma.tIn, Seconded by Click, to send O.dlnance No. 29C and
the T.ee P.ese.vatlon Policy as amended to the City Council fo. thel.
consIde.atIon. MotIon ca..ied unanImously.
OTHER BUSINESS
M.. Sawada Info.med the CommissIon of the Oak WIlt FIeld Day being
held In LInwood on Thu.sday, July 16, 1992. Seve.al CommIsslone.s
indIcated a desI.e to attend. M.. Sawada stated he wIll check Into
the abIlIty of usIng a CIty vehIcle to attend the functIon.
MOTION by Ma.tIn, Seconded by ClIck, to adJou.n. MotIon ca..Ied
unanImously.
Meeting adJou.ned at 8:34 p.m.
Respectfully submItted,
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'~a~lla A. Peach
Reco.dlng Sec.eta.y
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CITY OF ANDOVER
ITEM Oak Hill Estates
NQ Continental Dev. Corp.
REQUEST FOR COUNCIL ACTION
DATE July 7, 1992
ORIGINATING DEPARTMENT 'J')
Planning ~
David L. Carlberg
City Planner
BY:
AGENDA SECTION
NO,. .
D~scuss~on Items
REQUEST
The City Council is asked to extend the Special Use Permit - Sign
Permit for a Real Estate Sign generally located at 14433 Hanson
Boulevard NW (PIN 26-32-24-32-0008).
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Continental Development Corporation was granted a Special Use
Permit on July 3, 1990 to locate a Real Estate Sign on the
property generally located at 14433 Hanson Boulevard NW. In the
attached resolution it states that the Special Use Permit shall be
granted for two (2) years, and upon expiration thereof, said sign
shall be removed, unless a written request for extension is
received and granted by the City Council prior to the expiration
of the Special Use Permit.
Continental Development Corporation is requesting a two year
extension of the Special Use Permit on the Real Estate Sign.
Currently, 28 of the 33 lots have been developed. The Council
should consider the length of the extension and may wish to reduce
the requested extension. If the Council grants the extension it
is recommended that the Council include as a condition to the
extension that the sign be relocated to meet the setback
requirements as specified in the attached resolution under
condi ti on No. 1.
The attached Land Use permission Agreement executed between the
property owner and Continental Development Corporation assures the
City that the sign will be properly maintained.
COUNCIL ACTION
MOTION BY
) TO
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SECOND BY
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CONTINENTAL DEVELOPMENT CORPORATION
~1.2093 ILEX STREET
COON RAPIDS, MN 55448
June 17, 1992
City of Andover
1685 Crosstown Boulevard
Andover. MN 55304
Dear Honorable Mayor and City Council:
I provide this written request for a two year extension of
my Special Use Permit per Council resolution 082-90. This
Special Use Permit is for my 4' x 8' Oak Hill Estates sign
located on the southeast corner of Hanson Boulevard and
Andover Boulevard.
Please call me if you have any questions, 757-7568.
Respectfully,
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Charles S. Cook. President
Continental Development Corporation
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R 082-90
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF
CONTINENTAL DEVELOPMENT CORPORATION TO ERECT A REAL ESTATE SIGN
ON THE PROPERTY GENERALLY LOCATED AT 14433 NW HANSON BOULEVARD
(PIN 26-32-24-32-0008)
WHEREAS, Charles S. Cook on behalf of Continental Development
Corporation has requested a special Use Permit to erect a real
estate sign on property generally located at 14433 NW Hanson
Boulevard; and
WHEREAS, the Planning & zoning Commission has reviewed the
request and has determined that the request meets the criteria of
Ordinance No.8, Section 8.07; and
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WHEREAS, a public hearing was held and there was no public
input received; and
WHEREAS, the planning & zoning Commission recommends to the
City Council approval of the Special Use Permit as requested,
with conditions;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Andover hereby agrees with the recommendation of the
Planning & zoning Commission to allow for the issuance of a
Special Use Permit to erect a real estate sign as requested, with
the following conditions:
1. That such sign shall be set back a minimum of fifteen
(15') feet from the intersecting street right-of-way
lines of Hanson Boulevard and Andover Boulevard (i8,
Sec. 8.10).
2. That such sign shall be limited to thirty-two (32 s.f.)
square feet in size on each side (double-faced sign).
3. That such sign shall be located a minimum of ten (10')
feet from any property line (i8, Sec. 8.07).
4. That such sign shall not be illuminated.
5. That the property owner, John and Beverly Scherer,
reserve the right to give thirty (30) day notice to
require removal of said sign.
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6.
That a maintenance agreement be entered into between the
applicant and the owner to assure that said sign will be
properly maintained, in a form to be approved by the
City Attorney.
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7.
That this Special Use Permit shall be granted for two
(2) years, and upon expiration thereof, said sign shall
be removed, unless a written request for extension is
received and granted by the City Council prior to the
expiration of this special Use Permit.
"
8. That this Special Use Permit is subject to an annual
review.
9. That if significant progress is not made within one (1)
year toward the erection of said sign, this special use
permit becomes null and void.
Adopted by the city Council of the City of Andover this 3rd
day of July, 1990.
CITY OF ANDOVER
ATTEST:
~.id
v~ctor~a Volk, City Clerk
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CCNTINENTAL DEVELOPMENT CORPORATION
12093 Ilex Street
Coon Rapids, MN 55448
LAND USE PERMISSION
~ 17~:~:v'~R LY r- Sc:. ~\ ~ fl:E~
":<l';\~ N' , owner(s) of the property located at
14433 NW Hanson Boulevard (PIN 26-32-24-32-0008) hereby grants
permission 'to Continental Development Corporation to install one
(1) "real estate sign" for Oak Hill Estates located within the
City of Ham Lake. Said sign shall be subject to Resolution 082-
90 granted by the City Council of the City of Andover on July 3,
1990.
"
The sign shall be maintained by Continental Development
Corporation and will remain at this site for two (2) years unless
an extension is requested in writing by Continental Development
Corporation or that the owner(s) of the property so request,
pursuant to Paragraph 5 of Resolution 082-90. At such time the
sign will be removed from the property by Continental Development
Corporation. ~ N~r- L w/?.... Pi)"YS /\)-q 7""1 ~ E. 'j<.l::SI:.j:.q....,=p
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Property Owner -'r<l'"v~)<,... M
Address
1"'9 ~ 13q". 5\0 7 "557 C'J(
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Charles S. Cook
President
Continental Dev. Corp.
Address
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE "1"''.{ '7.
100.,
AGENDA SECTION
NO,
ORIGINATING DEPARTMENT
APPROVED FOR
AGENDA
Discussion Items
Finance
ITEM
NO,
10. Authorize Sale of
G.O. Improvement Bonds
Howard D. Koolick HD(
BY: Finance Di rector
BY:
REQUEST
The Andover city Council is requested to authorize the
solicitation of bids for the 1992 G.O. Improvement Bonds as
recommended by the City Attorney.
BACKGROUND
Attached is a draft recommendation letter from Bill Hawkins. I
have reviewed his recommendation and am recommending only a minor
wording change be made. I will have the final draft of his letter
either mailed to you or ready for you before the meeting on
Tuesday night.
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These bonds will finance the completed and in progress
construction projects as shown on Bill's letter.
The required resolution will be presented at the meeting.
COUNCIL ACTION
,.
MOTION BY
TO
SECOND BY
"-
JUL- 1-92 WED
8:42
P.02
LAW Of'FlCDO OF'
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Rurke and Jlawkins
sum: 101
281 COON "APl05 ElOUU:"ARO
COON ""'PIC$, ...NNE$OTA 55433
~ON~ Ie I 21 7e.40ZUe
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JO~N '-4, BURKE
WII.t.IA'-4 G, HAWKINS
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June 30, 1992
Mayor and Members of City Council
Andover City Hall
1685 Crosstown Blvd.
Andover, MN 55304
Re: Recommendation for Issuance of $4,800,000 of General
Obligation ~emporary Improvement Bonds, Series 1992A
Dear Mayor and Council Members:
We have been advised by Howard Koolich that the City needs to
, \ undertake funding of a number of improvement projects which have
"~ been or are presently being constructed. Based upon the infor-
mation that we have received the amount to be financed for the
completed projects includes all overhead. The uncompleted
projects amounts are based upon an engineer's construction cost
estimate or actual bids plus 27% to cover expenses and overhead.
The projects are following:
proiect Description
Comoleted Pro;ects
164th Ave., 163rd Lane and Jonquil
Streets
Hidden Creek East ~hird
1950 Bunker Lake Blvd.
Cedar Hills and Cedar Crest Streets
Metro Mosquito Control
Creekview Crossing
Hills of Bunker Lake 4th
l59th Lane, Swallow and Quinn Streets
90-2
90-5
90-6
90-14
90-25
91-2
91-4
91-10
$ 46,122
31,854
83,354
48,464
7,634
194,740'
271,457
89,056
$ 34,000
.J 105,535
1,137,666
535,940
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Uncompleted proiects
90-17 Boundary Commission
91-25 Hidden Creek East 4th
91-27 Meadows of Round Lake
92-2 & Weybridge
92-2A
JUL- 1-92 ~"'ED
8:43
P. 1213
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Mayor and Council Members
June 30, 1992
Page 2
92-3
92-4
92-10
92-15
pinawood Estates
Winslow Hills 2nd
Pheasant Meadows
Hidden Creak East 5th
775,676
670,852
234,084
317.796
$ 4,584,230
72,000
143,770
$ 4,800,000
Total Project Costs plus Overhead
Pluss
Discount
Capitalized Interest
TOTAL
....J
Under the City of Andover Public Improvement Financing Policy
adopted by the City Council, public improvements for new sub-
divisions and undeveloped areas provide that the developer shall
deposit with the City a cash escrow or letter of credit of not
less than 15% of the estimated project costs as determined by
the engineer. Pursuant to this policy, all assessments are
levied in equal installments over a period of ten years. The
policy further provides that assessments shall be paid in full
within thirty (30) days followinq the issuance of a certificate
of occupancy. Since Andover continues to experience a rapid
residential development, it is likely that a substantial portion
of the assessments which will be levied for these projects will
be prepaid. In the past when the City has financed projects
which may result in rapid special assessment repayment we have
chosen to issue temporary improvement bonds to finance the
construction costs. The reason for such financinq method is
that the average interest costs on the temporary bond issue will
be substantially less than on a permanent bond issue. Upon the
maturity of the bonds in three years, the City will have a
better idea of the prepayments and will be in an improved
position to determine the capital needs to finance these
improvements. At that time the City would have the following
three optionss
1. To pay the entire bond issue from the collected assess-
ments and any additional excess funds the City may have on
hand.
o
2. If the areas served by these improvements continues to
develop rapidly with substantial prepayment of the
remaining assessments, the City may sell a second three
year temporary bond issue.
The City may issue permanent long term financing to cover
the costs of funding the temporary obligations.
3.
These decisions can be made at the time of the maturity of the
temporary improvement bonds. We feel, however, that provision
JUL- 1-92 WED
8:44
P.04
:~
Mayor and'Council Members
June 30, 1992
Page 3
should be included in the temporary bonds that allows the City
to call the bonds at the end of the first two years. We believe
this will provide additional flexibility in timing the refunding
of the temporary obligations to correspond with changes in
market conditions as they relate to interest rates.
The major disadvantage to temporary bonds is that the City may
be required to refinance bonds in a bond market whose condition
cannot be ascertained at this time. We believe, however, that
the call feature set out does provide sufficient flexibility to
deal with any substantial upswing in interest rates.
A second problem that arises is the determination as to the
interest rate to charge on the assessments prior to the issuance
of permanent financing. Normally the City assesses at approxi-
mately one (1%) percent above the rate on the bonds. However,
if the City is required to issue permanent financing after the
maturity of the temporary bonds, this bond issue will not have
been sold at the time of levying the assessments. Therefore,
the City will have to make the judgment as to what interest rate
to charge on the unpaid assessments. We believe that the City
should charge interest on the unpaid assessments at a rate
,)\ sufficient to cover any potential increase in long term rates.
.. If, for some reason, the rates were substantially higher at the
time of issuance of the permanent financing and your interest
rates on the assessments was less than the finance rate, it
would be neceasary for the City to either fund the shortfall out
of excess proceeds in other funds or to hold a supplemental
assessment hearing to increaae the rate. The City should be
aware of the potential adverse reaction of such rate increase.
This would be minimized, however, by the fact that most of the
unpaid assessments which would require a rate increase would be
against lots which are currently held by the developers of the
property.
Our recommendation for the financing is based upon the assump-
tion that all of the projects which need to be financed will be
assessed no later than 1992, with collections of assessments
commencing in 1993. Since the City will not receive its first
tax settlement until the summer of 1993 for assessments levied
in 1992, it will be necessary to include a provision for addi-
tional bond funds to pay interest that will be due on the bonds
in February of 1993., Accordingly, we have included an estimated
$144,000.00 of capitalized interest to make such payment. We
have also made provisions for a discount of $72,000.00. This
discount is the amount of money that is allowed to the under-
writers of the bond issue for their "profit" in marketing the
\ bonds following their sale. The maximum discount that could be
) allowed would be approximately $95,000.00, however, we feel that
market conditions are such that a reduction in the allowance for
discount is appropriate.
JUL- 1-92 WED
8:45
P.05
~-)
Mayor and Council Members
June 30, 1992
Page 4
The bonds would be dated August 1, 1992 and the first interesf
payment would be due on February 1, 1993. The interest would be
due thereafter on August 1st and February 1st of each year until
August 1, 1995 when the entire temporary bond issue would mature
and must be refinanced or paid in full, unless called earlier as
set out above.
The City is currently rated Baa-l by Moody's and we do not
anticipate an improvement in the rating. We recommend that the
City obtain another rating from Moody's Investors Services for
this bond issue since it will be necessary for its marketing.
We are recommending that the City authorize the taking of bids
at their meeting on July 7, 1992 and that bids be considered for
award on Tuesday, July 21, 1992 at 7z30 p.m. at the Andover City
Hall. If the award of the bid is made on July 21, 1992, funds
should be available within two to three weeks thereafter.
If any members of the Council have any questions regarding this
matter, please feel free to contact me.
Sincerely,
o
William G. Hawkins
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE ,Tnly 7,
1QQ?
AGENDA SECTION
NO,
ORIGINATING DEPARTMENT
Discussion Items
Finance
ITEM
NO.
11. Certificates of
Indebt. Discussion
BY:
Howard D. Koolick ID<.
Finance Director
REQUEST
The Andover City Council is requested to review the following
information and authorize the City Attorney to solicit bids for
the 1992 Certificates of Indebtedness in the amount of $175,000.
BACKGROUND
,~
At the last meeting, the City Council authorized Frank Stone to
solicit bids for a variety of equipment totaling approximately
$175,000. At that time, I indicated it was my intent to have the
Certificates of Indebtedness sold for these purchases prior to
purchasing the equipment.
Attached you will find a copy of the letter I sent to Bill Hawkins
regarding the need to issue the equipment certificates.
In order to begin the process, the City Council needs to authorize
the City Attorney to solicit bids for the certificates. This can
be done by a motion. Due to the nature of the sale, no resolution
is needed.
Please contact me prior to the meeting if you have any questions
regarding the equipment being financed or the certificates of
indebtedness.
COUNCIL ACTION
MOTION BY
SECOND BY
'~ ) TO
; .,
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100
"
June 24, 1992
Bill Hawkins
Burke and Hawkins
Suite 101
299 Coon Rapids Boulevard
Coon Rapids, Minnesota 55433
Dear Bill:
At their last meeting, the City Council authorized Frank stone
to solicit bids for the following equipment:
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Estimated
Cost
$ 85,000
32,000
16,000
14,000
13,000
3,500
Total $163,500
state Sales Tax 10,628
Total $174,128
This equipment is to be funded by 1992 Equipment Certificates of
Indebtedness which the City intends to issue. I am recommending
that the City Council, on July 7, 1992, authorize you to solicit
bids for this debt so that we can receive the proceeds prior to
purchasing the equipment.
Tandem Truck, Plow Wing and Sander
Hot Box for Street patching
Bobcat
Four Wheel Drive Pickup and plow
Toro
Tandem Trailer
In reviewing our last sale of equipment certificates, I did not
find a City Council resolution authorizing the sale. The City
Council made a motion directing staff to prepare whatever
documents were necessary to receive bids on the certificates.
Is such a resolution needed, and if so, could you prepare one?
Please let me know if you have any questions regarding my
recommendation for the 1992 Equipment Certificates of
Indebtedness.
Sincerely,
~D. Ko-Ll.
/ "
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Howard D. Koolick
Finance Director
I
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
July, 7,1992
AGENDA SECTION ORIGINATING DEPARTMENT
NO, Staff, Committee, Recycling
,~-
ITEM G
NO, Joint Powers Cindy J?eRuyter
/01. BY:
REQUEST
City Council is asked to review and sign the Agreement for
Residential Recycling Program. This agreement is between Anoka
County and Andover.
BACKGROUND
The Agreement is to provide for cooperation between the County and
the Municipality to implement solid waste recycling programs in
the Municipality.
'-
MOTION BY
TO
COUNCIL ACTION
SECOND BY
'-
. .
'0
Anoka County Contract # 900172
AGREEMENT FOR RESIDENTIAL RECYCUNG PROGRAM
THIS AGREEMENT made and entered into on the 9th day of June, 1992, notwithstanding
the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota,
hereinafter referred to as the "COUNTY", and the CIlY OF ANDOVER, hereinafter referred to as the
"MUNICIPALITY".
WITNESSETH:
WHEREAS, Anoka County has received $731,209 in funding from the State of Minnesota
pursuant to Minn. Stat. ~ 115A.557 (hereinafter "SCORE funds"); and
WHEREAS, the County wishes to assist the Municipality in meeting recycling goals
established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and
townships in the County for solid waste recycling programs.
NOW, THEREFORE, in consideration ofthe mutual covenants and promises contained in this
Agreement, the parties mutually agree to the following terms and conditions:
1. PURPOSE. The purpose of this Agreement is to provide for cooperation betwean the County
and the Municipality to implement solid waste recycling programs in the Municipality.
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2.
TERM. The term of this Agreement is from January 1, 1992 through December 31, 1992,
unless earlier terminated as provided herein.
3. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling
program adequate to meet the Municipality's annual recycling goal of 928 tons as established
by the County. "Recycling" means the process of collecting and preparing recyclable
materials and reusing the materials in their original form or using them in manufacturing
processes that do not cause the destruction of recyclable materials in a manner that
precludes further use. "Recyclable materials" means materials that are separated from mixed
municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals,
and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration
is not a recyclable material.
4. REPORTING. The Municipality shall submit the following reports semiannually to the County
no later than July 20, 1992 and January 20, 1993:
A.
I
An accounting of the amount of waste which has been recycled as a result of the
Municipality's activities and the efforts of other community programs, redemption
centers and drop-off centers. For recycling programs, the Municipality shall certify the
number of tons of each recyclable material which has been collected and the number
of tons of each recyclable material which has been marketed. For recycling programs
run by other persons or entities, the Municipality shall also provide documentation on
forms provided by the County showing the tons of materials that were recycled by the
Municipality's residents through these other programs. The Municipality shall keep
detailed records documenting the disposition of all recyclable materials collected
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pursuant to this agreement. The Municipality shall also report the number of cubic
yards or tons of yard waste collected for composting or landspreading, together with
a description of the methodology used for calculations. Any other material removed
from the waste stream by the Municipality, i.e. tires and used oil, shall also be
reported separately.
B.
Information regarding any revenue received from sources other than the County for
the Municipality's recycling programs.
C.
Copies of all promotional materials that have been prepared by the Municipality during
the term of this Agreement to promote its recycling programs.
The Municipality agrees to furnish the County with additional reports in form and at
frequencies requested by the County for financial evaluation, program management
purposes, and reporting to the Metropolitan Council and the State of Minnesota.
5. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices
semiannually to the County for abatement activities no later than July 20, 1992 and January
20, 1993. Costs not billed by January 20, 1993 will not be eligible for funding. The invoices
shall be paid in accordance with standard County procedures, subject to the approval of the
Anoka County Board of Commissioners.
6.
ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible
expenses, less revenues or other reimbursement received, for eligible recycling activities up
to the project maximum as computed below, which shall not exceed $38,007.60. The project
maximum for eligible expenses shall be computed as follows:
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A. A base amount of $10,010.00; and
B. A $6.32 per household grant of up to $27,997.60.
7. RECORDS. The Municipality shall maintain financial and other records and accounts in
accordance with requirements of the county and the State of Minnesota. The Municipality
shall maintain strict accountability of all funds and maintain records of all receipts and
disbursements. Such records and accounts shall be maintained in a form which will permit
the tracing of funds and program income to final expenditure. The Municipality shall maintain
records sufficient to reflect that all funds received under this Agreement were expended in
accordance with Minn. Stat. 9 115A.557, subd. 2, for residential solid waste recycling
purposes. The Municipality shall also maintain records of the quantities of materials recycled.
All records and accounts shall be retained as provided by law, but in no event for a period
of less than three years from the last receipt of payment from the County pursuant to this
Agreement.
8. AUDIT. Pursuant to Minn. Stat. 9 16B.06, Subd. 4, the Municipality shall allow the County or
other persons or agencies authorized by the County, and the State of Minnesota, including
the Legislative Auditor or the State Auditor, access to the records of the Municipality at
reasonable hours, including all books, records, documents, and accounting procedures and
practices of the Municipality relevant to the subject matter of the Agreement, for purposes of
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9.
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audit. In addition, the County shall have access to the project site(s), if any, at reasonable
hours.
GENERAL PROVISIONS
A. In performing the provisions of this Agreement, both parties agree to comply with all
applicable federal, state or local laws, ordinances, rules, regulations or standards
established by any agency or special governmental unit which are now or hereafter
promulgated insofar as they relate to performance of the provisions of this Agreement.
In addition, the Municipality shall comply with all applicable requirements of the State
of Minnesota for the use of SCORE funds provided to the Municipality by the County
under this Agreement.
B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital
status, public assistance status, sexual preference, handicap, age or national origin,
be excluded from full employment rights in, participation in, be denied the benefits of,
or be otherwise subjected to unlawful discrimination under any program, service or
activity hereunder. The Municipality agrees to take affirmative action so that
applicants and employees are treated equally with respect to the following:
employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection
for training, rates of pay, and other forms of compensation.
C.
The Municipality shall be responsible for the performance of all subcontracts and shall
ensure that the subcontractors perform fully the terms of the subcontract. The
Agreement between the Municipality and a subcontractor shall obligate the
subcontractor to comply fully with the terms of this Agreement.
D.
The Municipality agrees that the Municipality's employees and subcontractor's
employees who fall within any job classification established and published by the
Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing
wages rates as certified by said Department. Each Municipality and subcontractor
performing work on a public project shall post on the project the applicable prevailing
wage rates and hourly basic rates of pay for the County or area within which the
project is being performed, including the effective date of any changes thereof, in at
least one conspicuous place for the information of the employees working on the
project. The information so posted shall include a breakdown of contributions for
health and welfare benefits, vacation benefits, pension benefits and any other
economic benefit required to be paid.
E.
It is understood and agreed that the entire Agreement is contained herein and that
this Agreement supersedes all oral and written agreements and negotiations between
the parties relating to the subject matter hereof, except the Supplemental Solid Waste
Abatement Program Agreement dated November 22, 1991, shall continue in full force
and effect.
F.
Any amendments, alterations, variations, modifications, or waivers of this Agreement
shall be valid only when they have been reduced to writing, duly signed by the
parties.
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G.
Contracts let and purchases made under this Agreement shall be made by the
Municipality in conformance with all laws, rules, and regulations applicable to the
Municipality.
H. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause or phrase of this Agreement is for any reason held to
be contrary to law, such decision shall not affect the remaining portion of this
Agreement.
10. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County
on all promotional materials, reports and publications relating to the activities funded under
this Agreement, by including the following acknowledgement: "Funded by the Anoka County
Board of Commissioners and State SCORE funds (Select Committee on Recycling and the
Environment).
11. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality
harmless from all claims, demands, and causes of action of any kind or character, including
the cost of defense thereof, resulting from the acts or omissions of its public officials, officers,
agents, employees, and contractors relating to activities performed by the County under this
Agreement.
The Municipality agrees to indemnify, defend, and hold the County harmless from all claims,
demands, and causes of action of any kind or character, including the cost of defense
thereof, resulting from the acts or omissions of its public officials, officers, agents, employees,
and contractors relating to activities performed by the Municipality under this Agreement.
The provisions of this subdivision shall survive the termination or expiration of the term of this
Agreement.
12.
TERMINATION. This Agreement may be terminated by mutual written agreement of the
parties or by either party, with or without cause, by giving not less than seven (7) days written
notice, delivered by mail or in person to the other party, specifying the date of termination.
If this Agreement is terminated, assets acquired in whole or in part with funds provided under
this Agreement shall be the property of the Municipality so long as said assets are used by
the Municipality for the purpose of a landfill abatement program approved by the County.
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above:
IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written
COUNTY OF ANOKA
By:
Dan Erhart, Chairman
Anoka County Board of Commissioners
Date:
ATTEST:
John "Jay" McUnden
County Administrator
Date:
Approved as to form and legality:
Assistant County Attorney
CITY OF ANDOVER
By:
Name:
Title:
Date:
Municipality's Clerk
Date:
Approved as to form and legality:
1:\PCHlLOW-TECHlRECYCLlN\CONTRACT\RECYCL92.A 1
1:\PCHlLOW. TECHlRECYCUN\CONTRACT\RECYCL92. VAR
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CITY OF ANDOVER
.~
REQUEST FOR COUNCIL ACTION
DATE July 7" :992
ITEM
NO.
1.3.
Approve Kennel Lic.
Renewal
BY:
Admin. ( ~.
V. Volk~'
APPROVEQ FOR
AGENDA
~~
BY:
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
staff, Committee, Comm
)
The City Council is requested to approve the kennel license
renewal for Robert and Kathleen DeBoer, dba Rescue St. Bernards
(formerly known as Abbey Road Kennel) located at 4180 - 165th
Avenue N.W.
The license fee has been paid, the dogs are licensed and we have
received no complaints regarding this operation.
V:Attach.
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MOTION BY
-
) TO
'--
COUNCIL ACTION
SECOND BY
CITY OF ANDOVER
o
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO.
DATE
ORIGINATING DEPARTMENT
July 7, 1992
staff, Committee, Comm.
ITEM
NO.
I .
Rescind Ord. 78B, Adop
No. 78A
Admin.
V. Volk ~~.
BY:
On August 2, 1988 the attached amendment to Ordinance 78
(Attachment 1) was presented to Council. Council asked that the
1st paragraph be amended to read "Upon Andover Review Committee
approval of a site plan, but prior to the issuance of a
Certificate of Occupancy, the develoepr..." and that the
amendment then be brought back to the next meeting.
Apparently it was assumed that Council had adopted the amendment
and it has been used as Ordinance 78A since that date.
'-
On August 16, 1988 Council was presented with the attached
amendment (Attachment 2) and it was adopted as Ordinance 78B.
The attached amendment (Attachment 3) is what should have been
adopted at the August 16 meeting as Ordinance No. 78A.
Council is requested to rescind Ordinance 78B (Attachment 2) and
adopt Ordinance 78A (Attachment 3).
I have also attached a letter to the City Attorney regarding this
issue.
V:Attachments
COUNCIL ACTION
MOTION BY
TO
SECOND BY
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 78A
AN ORDINANCE AMENDING ORDINANCE NO. 78, THE COMMERCIAL BUILDING
DESIGN STANDARDS ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 78 is hereby amended as follows:
III. OTHER GENERAL REQUIREMENTS
C. Site plan Agreement
Adopted by the City Council of the City of Andover this
day of , 1988.
CITY OF ANDOVER
ATTEST:
Jerry Windschitl - Mayor
victoria Volk
City Clerk
fI-ff-a-cJMt! 1\ + 02..
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 78B
AN ORDINANCE AMENDING ORDINANCE NO. 78A. THE COMMERCIAL BUILDING
DESIGN STANDARDS ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 78 is hereby amended as follows:
III. Other General Requirements
C. Site Plan Agreement
Upon Andover Review Committee approval of a site plan,
but prior to the issuance of etli~6ifl~-p~~m4~~-~~
~a~~~a~iea~e~-wer*-eR-tAe-~re~e~ee-eevel~pme~~ Certifi-
cate of Occupancy, the developer shall................
, Adopted by the City Council of the City of Andover this l6th
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day of August , 19 88.
CITY OF ANDOVER
ATTEST: ~ /."ctU ~ ~~
~U J ry 'l1n schi t -Mayor
Victoria Volk-City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
~j
ORDINANCE NO. 78A
AN ORDINANCE AMENDING ORDINANCE NO. 78, THE COMMERCIAL BUILDING
DESIGN STANDARDS ORDINANCE OF THE CITY OF ANDOVER.
The City Council of the city of Andover hereby ordains:
Ordinance No. 78 is hereby amended as follows:
III. Other General Requirements
C. Site Plan Agreement
Ian,
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U~on completion of the various improvements associated
wlth the Site plan Agreement, the owner shall a~PlY to
the Cit for final ins ection. If the cit fin s that
a lnsta atlons meet t e requlrements 0 t e aaproved
Site Plan Agreement, the surety shall be release.
If the improvements associated with the Site plan
Agreement are not completed as proposed withln the
established time limit, the city may proceed to
complete such installation by contract or force account
and seek reimbursement of its cost from the surety.
Adopted by the City Council of the City of Andover this 7th
day of
July
, 1992.
CITY OF ANDOVER
Attest:
Kenneth D. Orttel - Mayor
Victoria volk - City Clerk
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August 2, 1988
Attached (No.1) amendment was presented to Council. They asked
that the 1st paragraph be amended to read "Upon Andover Review
Committee approval of a site plan, but prior to the issuance of a
Certificate of Occupancy, the developer..." and that the
amendment then be brought back to the next meeting.
Apparently, someone assumed that Council had adopted the
amendment and it has been used as Ordinance 78A since that date
even though there is not a signed original of the amendment.
August 16, 1988
Council was presented with attached (No.2) amendment. It was
adopted at that meeting as Ordinance 788.
June 15, 1992
Attached (No.3) amendment is what should have been adopted at
the August 16 meeting as Ordinance No. 78A.
CITY OF ANDOVER
o
REQUEST FOR COUNCIL ACTION
ITEM
NO.
/5.
Approve Temp. Non-Intol.
Liquor Lic ./Lions Clul BY:
Admin.
V. Volk ~~.
July 7, 1992
APPR1P~D FOR
AGE iP
B-1
AGENDA SECTION
NO.
DATE
ORIGINATING DEPARTMENT
staff, Committee, Comm
The City Council is requested to approve a temporary non-
intoxicting liquor license for the Andover Lions Club for the
City Celebration on Saturday, July 18, 1992.
The license fee has been paid and the certificate of insurance is
on file at City Hall.
V:Attach.
',-
COUNCIL ACTION
MOTION BY
TO
SECOND BY
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~ ~ ANDOVER. MINNESOTA
COMBINATION APPLICATION FOR RETAILERS (ON-SALE) (OFF-SALE) NON.INTOXlCATlNG MALT LIQUOR
LICENSE; TAVERN LICENSE; BOTfLE CLUB LICENSE; PUBLIC DRINRING PLACE LICENSE; COMIIINA.
TION LICENSE.
To the City of Andover, County of AnOk8J.. d
I, deNl:j,&Z/j-...-ti.,<!/4.~....,':'..y',~R.-"h--'-- of the City of _A!'!I...,..._i2.._1!:..~,<<.........._.....,...........,............
County or ..........................................._...AY~.tf:4.........._............. herehy make application for the followtng licensees):
(Oft-Sale) (On-Sale) (Tavern) (Bottle Club) (PubUc Drinking Place) (Combination), established pursuant to an
Ordinance passed by the Andover City Council.
For the past five years my residence has been as follows: ..._.........................._..................................................._........_...._....._
~.,:~~.-::....::~:::::.:!~i-~:?z~.:::.~-:...~.:::::':;..::::::Q~:~&~~;:v~;r~:::=:::=:::.~::::::::::::::
.,.....,....h.,h.Lt.1,:1l/K.,..........,............."....,.......,.,.,.,.......,.,.,.
. State
I am the proprietor at ..................._............__................_.............._........................................_._._................_......_.............. located
at the followtnl address ............._.._............_........_........................._.._.........._................_........._................__.................._...... The
ftrm was Incorporated ..._...._............................_........_............_......._..... _........_............_.......... 'The names and addreu of the
....
owners are as follow: j"
c2t11./f....dli,>t.;/'...;r;.....y..'...._IS:;...'.'./ 7' 9i"..,.,,/-....;=.&?&::1...........I.o.1..(!P.d!..~
::zdo.....,.,G"":...;i.!2...~"........,a.,,k.....,.. ~..9'__.....L.27..._I..?..?..<..........................................,...
Zlj~.::;::!.~:~~:~::::~;Z~:::::::A~~r~::td9J;&:::~::9.f..:~::~M:;;;;;;~~ J
c;.LdT..{.t..-........,..&tY..i.-~/{.."J.t.9.-4-~ ~/J/al.,.....,&...fdl.,t.<,""'..~/1:.L.l.t?,..,{j/yt'
Al,'h{............._.............._.......,..,.....,.............".......,........_.... ..,.......,..........".."......,.--.,--...........,.--"....,..............................,.
I agree, as part of this application, to furnish a list of all other persons, finns, or corporations having an Interest
In the licensed business. I wm notify the City or Andover of any change In leeal ownership or beneftclal Interest In
such business.
I am .........~.)t...........-... engaged In the retail sale of Intoxicating liquor.
I have .../VIi..t.............. had an application for lIt.'enses rejected previOUsly.
I have ....&0.1.......... been convicted of a felony nor of violating any National or state liquor law or local
o'"dlnance relating to the manufacture, sale or transportation, or possession for sale or transportation of Intoxl.
eating llquor.
Cambllng or gambllnlf devices wtll not be permitted on the llcen,ed premises.
t have no Intention or agreement to transfer this license to another person.
t submit the followtnlf names of three persons, IncludlnA' a bank, for reference. with whom t have had buslneu
relations.
I have read the applicable ordinances and. have become familiar with their content. I wIH comply strictly with all
of their provisions.
I do not own or have a direct or Indirect Intere.t In any other licensed estabIJshment provided for In the ordinance..
I _,ree to walvt" my colUltltutJonal righta aralnst search and lelzure and will freely permit peace officer. to Inspect
my premises and .cree to the forfeiture of my Ucense It found to have violated the provlllon. of the ordinance
pravldln, for the crantlnc of this license.
I hereby solemnly Iwear ~It ~e forelotnlltatemenu ~~~,n,~::~,'...:...........,...,
;;:;~ : ;JtV'cL) ;;~;.' S'::~r/ S cJ~ 6.
Subscribed and .worn to before
me this .......... ...._.............._. day of
..,.,.............................,................ 19........
....................N;;t~r:;...pu.bi.ie.....................
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
July 7, 1992
DATE
BY:
Jim Schrantz
AGENDA SECTION
NO. Staff Committee Comm.
ORIGINATING DEPARTMENT
Admin.
ITEM
NO.
/6.
Safety Shoe Discussion
The city Council is requested to consider a modification to the
Safety Manual Amendment that the Council approved on June 16,
1992.
The Union filed a grievance about the height of the safety boots.
The policy that was approved states that boot have at least a 9"
top.
'-
Before Frank left on vacation, we discussed this. Frank, at the
meeting, discussed the boot height and the Council accepted the
9" boot. I told Frank and the Union that I would do some
research on the issue. I called various other cities - Blaine,
Coon Rapids, Anoka, & Fridley. I also called Berkley
Administrators, the risk management group for the city's
insurance "League of Minnesota Cities Insurance Trust." I asked
if they had any statistics on if a 9" boot helped prevent
sprained ankles - they didn't have any information. We don't
specify if the boot is slip on or laced - the slip on doesn't
support the ankle.
Berkley's Tom Gross suggested that we require an over-the-ankle
boot that will protect the ankle from impacts but not necessarily
prevent sprains assuming a 9" laced boot prevents sprains.
I suggest that the city recommend a 9" boot but allow the
employee to wear a boot that comes above the ankle - the height
would be about 6"; and of course have a safety toe.
The policy will state under Chapter 4 B. Employees working on
jobs which have an inherent injury potential shall at all times
wear safety boots that cover the ankle.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
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We will continue to work with the League of Minnesota Cities
Insurance Trust through Berkley Administrators and update the
Safety Manual in all areas of safety not just safety shoes.
The League of Minnesota Cities Insurance Trust had an Excellent
all day training session for cities. Frank, Kevin, Brian, Ray &
I went.
(FA"'.)
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO.
DATE
ORIGINATING DEPARTMENT
-
INTEM Approve Revised Site
o.
~ plan/Kelsey-Rd.Lk.Pk.
I,.
Engineering .,
BY: Todd J. Haas
APPROVI D FPR
}G~_ DA
Y:
Non-Discussion
The City Council is requested to approve the revised site plan
for Kelsey-Round Lake Park.
The plan was changed to eliminate 2 parcels that are currently
owned by New Generation Homes and Jerry windschitl. In addition,
with the elimination of these parcels, trails were relocated.
These changes were minor. It is recommended to approve the plan
as presented.
The Park and Recreation Commission will be receiving a copy of
the revised site plan at their meeting.
\~
MOTION BY
TO
COUNCIL ACTION
SECOND BY
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
ITEM
NO.
/'g.
Award Bid/91-27/
Meadows of Rd.Lk.
Engineering ~
BY: Todd J. Haas
7, 1992
APPR~rr;o
AGEN~
~V
v
AGENDA SECTION
NO.
DATE July
ORIGINATING DEPARTMENT
Non-Discussion
The City Council is requested to approve the resolution accepting
bids and award contract for the improvement of Project No. 91-27
for streets and storm drain construction in the area of the
Meadows of Round Lake.
Note: The attached resolution is contingent upon state Aid
approval.
TJH:v
Attach.
\~
.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO. R
MOTION by Councilman
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 92-17 FOR STREET AND STORM DRAIN
CONSTRUCTION IN THE AREA OF THE MEADOWS OF ROUND LAKE.
WHEREAS, pursuant to advertisement for bids as set out in
Council Resolution No. 042-92, dated April 7, 1992, bids were
received, opened and tabulated according to law with results as
follows:
Hennen Construction
$594,389.75
'-)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby accept the bids as shown to indicate
Hennen Construction as being the apparent low bidder.
BE IT FURTHER RESOLVED to hereby direct the Mayor and City
Clerk to enter into a contract with Hennen Construction
in the amount of $594,389.75 for construction of the improve-
ments; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the
successful bidder and the next lowest bidder shall be retained
until the contract has been executed and bond requirements met.
BE IT STILL FURTHER RESOLVED that this contract award is
contingent upon State Aid approval.
MOTION seconded by Councilman
and adopted by the City
Council at a regular meeting this 7th day of July
with Councilmen
1992,
voting in favor of the resolution, and Councilmen
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
o
Attest:
Kenneth D. Orttel - Mayor
victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE .Tn1 y7 1 q q;.>
Non-Discussion
Engineering
/
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
ITEM
NO.
I
Approve Plans & Specs/
92-3/Pinewood Est.
BY: Todd J. Haas
The City Council is requested to approve the resolution approving
final plans and specifications and ordering advertisement for
bids for project No. 92-3, Pinewood Estates for Sanitary Sewer,
Watermain, Streets and Storm Sewer construction.
The plans and specs are available for review in the engineering
office.
'-
MOTION BY
TO
COUNCIL ACTION
SECOND BY
"-
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO. R
MOTION by Councilman
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 92-3, PINEWOOD
ESTATES FOR SANITARY SEWER, STREETS, WATERMAIN A~TORM SEWER
CONSTRUCTION.
WHEREAS, pursuant to Resolutin No. 082-92, adopted by the
City Council on the 2nd day of June , 1992, TKDA has
prepared final plans-anG specifications for-project 92-3 for
sanitary sewer, streets, watermain and storm sewer construction;
and .
WHEREAS, such final plans and specifications were presented
to the City Council for their review on the 7th day of July,
1992.
NOW, THEREFORE, BE IT RESOLVED by the city Council of
Andover to hereby approve the final plans and specifications.
, )
BE IT FURTHER RESOLVED by the City Council
Andover to hereby direct the City Clerk to seek
required by law, with such bids to be opened at
Monday, August 3 , 1992 at the Andover City
MOTION seconded by Councilman
of the
public
10:00
Hall.
City of
bids as
A.M. ,
and adopted
by the City Council at a
regular
meeting this 7th
day of July , 1992, with Councilmen
and Councilmen
voting in favor of the resolution
voting against, whereupon
said resolution was declared passed.
CITY OF ANDOVER
Attest:
Kenneth D. Orttel - Mayor
Victoria Volk - City Clerk
~-)
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO.
DATE Julv 7. 1992
ORIGINATING DEPARTMENT
Order Feasibility
Report/92-18
BY:
Todd J. Haas
~
Non-Discussion
ITEM
NO.
..:J/
Engineering
The City Council is requested to approve the resolution ordering
preparation of a feasibility report for the improvements of
sanitary sewer, watermain, street and storm sewer, Project No.
92-18 in the Watt's Garden Acres area.
The City Council at the June 16th meeting had suggested that a
feasibility report be prepared to discuss the improvements that
could possibly occur for the area that could be developed as
residential.
\,~
Approving the resolution will allow the consulting engineer to
prepare the report.
It is staff's understanding that 60 of the south 80 acres of
Watt's Garden Acres have been developed or been purchased by
developers.
COUNCIL ACTION
,-
MOTION BY
TO
SECOND BY
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE
IMPROVEMENTS OF SANITARY SEWER, STREETS, WATERMAIN, STORM
SEWER , PROJECT NO. 92-18 , IN THE
WATT'S GARDEN ACRES AREA.
WHEREAS, the City Council of the City of Andover is cognizant of
the need for improvements, specifically sanitary sewer, streets,
watermain, storm sewer in the following described area:
Watt's Garden Acres ; and
WHEREAS, the City Council proposes to assess the benefitting
property for all or a portion of the costs of the improvement,
pursuant to Minnesota Statutes 429.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council is cognizant of the need for improvements.
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 Councilman
and adopted by the
City Council at a
meeting this
day of
, 19 , with Councilmen
voting in favor of the
resolution, and Councilmen
voting against,
whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Kenneth D. Orttel - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
July 7,
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
Non-Discussion
ITEM
NO.
Accept Petition/
92-17
Engineering
/
BY:
Todd J. Haas
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 92-17 in the
Countryview Estates, Hawk Ridge and Verdin Acres area.
Attached is the map of the project area.
The City Council should consider if the area should be all one
project or three separate projects.
!
The results of the petition are as follows:
Countryview Estates, Hawk Ridge, Verdin Acres (Constructed as 1
project) :
Total number of lots - 76
Number in favor of improvement - 41
Number against - 25
Number unavailable - 10
\-
Following are if constructed as three projects:
Countryview Estates
Total number of lots - 25
Number in favor of improvement - 14
Number against - 6
Number unavailable - 5
Hawk Ridge
Total number of lots - 39
Number in favor of improvement - 23
Number against - 13
Number unavailable - 3
COAlI' J
COUNCIL ACTION
MOTION BY
TO
SECOND BY
'-
o
Verdin Acres
Total number of lots - 12
Number in favor of improvement - 4
Number against - 6
Number unavailable - 2
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION
OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF
STREET CONSTRUCTION , PROJECT
NO. 92-17 IN THE COUNTRYVIEW ESTATES, HAWK RIDGE, VERDIN ACRES AREA.
WHEREAS, the City Council has received a petition, dated
June 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.
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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 Councilman
and adopted by the City
day of
Council at a
meeting this
19 , with Councilmen
voting in favor of the resolution, and Councilmen
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
Kenneth D. Orttel - Mayor
ATTEST:
Victoria Volk - City Clerk
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CITY of ANDOVER-.
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CITY OF ANDOVER -
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Gentlemen:
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We, the undersigned, owners of'real property in the following described
area:
Countcy viewJ!'Str1.,Tes./ f{aw~e7 Verdir1 Aa-e!.
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do hereby petition that said portion of said area be improved by
Construction of City - <gr:r-p ""fS'
and that the cost of said improvement be assessed against the benefiting
property, as authorized by Chapter 429, Laws of Minnesota.
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NATURE OF 0 ER ADDRESS LEGAL DESCRIPTION YES NO
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CITY of ANDOVER
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Date: 6-/7-1-Z-
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No. '12-1.,
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
~Ot((lt(~view u-fl::tfe~ J ~a.UJ~rdae. J Verdin A.t;(es A,ea.,
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do hereby petition that said portion~f said area be improved by
Construction of City ,'5f'1 e~~
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and that the cost of said improvement be assessed against the benefiting
property, as authorized by Chapter 429, Laws of Minnesota.
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SIGNATURE OF OWNER YES NO
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CITY of ANDOVER "...
CITY OF ANDOVER
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Date: "-Ii- qZ-
No. QZ-11
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
(jDCA.f1T':JVI'euJ~s-m-tes) Ija.w~ri~e) VeydiYl Acres AY~
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do hereby petition that said portion of said area be improved by
Construction of City ~ f f e 'f" +;-
and that the cost of said improvement be assessed against the benefiting
property, as authorized by Chapter 429, Laws of Minnesota.
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YES NO
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Address:
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.IUN 1 71992 U
CITY of ANDOVER
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Date:
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No. q~-l'
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
~OIJ,V"ffYVfew tst-aies (fhwl.t~~ Ve.,diYl Ade~ A-re.A.
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do hereby petition that said portion of said area be improved by
Construction of City r.:;'-rr<L-Po
and that the cost of said improvement be assessed against the benefiting
property, as authorized by Chapter 429, Laws of Minnesota.
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Address: J7957 .!?/.;.&AVP{'\A <;;/.. 4""'''/<r1^,'', YY\f\J <~5'6Y ,-
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SIGNATURE OF OWNER
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LEGAL DESCRIPTION
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CITY OF ANDOVER
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Date:
c:'-/7-Q2-
'12-17
No.
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
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do hereby petition that said portion of said area be improved by
Construction of City .57(", ~ r:r
and that the cost of said improvement be assessed against the benefiting
property, as authorized by Chapter 429, Laws of Minnesota.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
July 7,
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
Non-Discussion
~TJM Accept Feasibility
'l3. Reportj92-17
Engineering ~
Todd J. Haas
BY:
The City Council is requested to adopt the resolution(s)
receiving the feasibility report and calling public hearing on
improvement of streets, Project No. 92-17 in the Countryview
Estates, Hawk Ridge, Verdin Acres area.
\
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Four resolutions have been prepared:
1 resolution if all subdivisions are done under one project;
or
3 resolutions, one for each subdivision if done as three separate
projects.
The resolutions indicate a public hearing for the entire area at
7:30 P.M., July 21, 1992 (unless the City Council wishes to hold
separate hearings for the improvement).
MOTION BY
, .) TO
COUNCIL ACTION
SECOND BY
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,
, /
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING
ON IMPROVEMENTS OF STREET CONSTRUCTION
PROJECT NO. 92-17 IN THE COUNTRYVIEW ESTATES, HAWK RIDGE,
VERDIN ACRES AREA.
WHEREAS, pursuant to Resolution No. , adopted the 7th
day of July 19 92 , a Feasibility Report has been
prepared by BRA for the improvements; and
WHEREAS, such report was received by the City Council on the
7th day of July , 1992 ; and
WHEREAS, such report declared the proposed improvement to be
feasible for an estimated cost of $ 453,490
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. 92-17 , 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 $ 453,490
3. A public hearing shall be held on such proposed
improvement on the 21st day of July , 19 92 in
the Council Chambers of the City Hall at 7:30 P.M. and the
Clerk shall give mailed and published notice of such
hearing and improvement as required by law.
MOTION seconded by Councilman
and adopted by the City
day of
Council at a
meeting this
19 , with Councilmen
voting in favor of the resolution, and Councilmen
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Kenneth D. Orttel - Mayor
Victoria Volk - City Clerk
/-,
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING
ON IMPROVEMENTS OF STREET CONSTRUCTION
PROJECT NO. 92-17 IN THE COUNTRYVIEW ESTATES
AREA.
WHEREAS, pursuant to Resolution No. , adopted the 7th
day of July 19 92 , a Feasibility Report has been
prepared by BRA for the improvements; and
WHEREAS, such report was received by the City Council on the
7th day of July , 1992 ; and
WHEREAS, such report declared the proposed improvement to be
feasible for an estimated cost of $ 147,270
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. 92-17 , 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 $ 147,270
3. A public hearing shall be held on such proposed
improvement on the 21st day of July , 19 92 in
the Council Chambers of the City Hall at 7:30 P.M. and the
Clerk shall give mailed and published notice of such
hearing and improvement as required by law.
MOTION seconded by Councilman
and adopted by the City
day of
Council at a
meeting this
19 , with Councilmen
voting in favor of the resolution, and Councilmen
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Kenneth D. Orttel - Mayor
Victoria Volk - Citv Clerk
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~
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING
ON IMPROVEMENTS OF STREET CONSTRUCTION
PROJECT NO. 92-17 IN THE HAWK RIDGE
AREA.
WHEREAS, pursuant to Resolution No. , adopted the 7th
day of July 19 92 , a Feasibility Report has been
prepared by BRA for the improvements; and
WHEREAS, such report was received by the City Council on the
7th day of July , 1992 ; and
WHEREAS, such report declared the proposed improvement to be
feasible for an estimated cost of $ 227,840
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. 92-17 , 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 $ 227,840
3. A public hearing shall be held on such proposed
improvement on the 21st day of July , 19 92 in
the Council Chambers of the City Hall at 7:30 P.M. and the
Clerk shall give mailed and published notice of such
hearing and improvement as required by law.
MOTION seconded by Councilman
and adopted by the City
day of
Council at a
meeting this
19 , with Councilmen
voting in favor of the resolution, and Councilmen
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Kenneth D. Orttel - Mayor
Victoria Volk - City Clerk
~~
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING
ON IMPROVEMENTS OF STREET CONSTRUCTION
PROJECT NO. 92-17 IN THE VERDIN ACRES
AREA.
WHEREAS, pursuant
day of July
prepared by BRA
to Resolution No. , adopted the 7th
19 92 , a Feasibility Report has been
for the improvements; and
WHEREAS, such report was received by the City Council on the
7th day of July , 1992 ; and
WHEREAS, such report declared the proposed improvement to be
feasible for an estimated cost of $ 78,380
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. 92-17 , 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 $ 78,380
3. A public hearing shall be held on such proposed
improvement on the 21st day of July , 19 92 in
the Council Chambers of the City Hall at 7:30 P.M. and the
Clerk shall give mailed and published notice of such
hearing and improvement as required by law.
MOTION seconded by Councilman
and adopted by the City
day of
Council at a
meeting this
19 , with Councilmen
voting in favor of the resolution, and Councilmen
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Kenneth D. Orttel - Mayor
Victoria Volk - Citv Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE .Tnly 7 r 1 qq?
ITEM
NO.
.;;~
Approve Revised Gradinc
Plan/Cedar Hills Est. 2B~:
Andover Review Comm.
APPROVED h OR
AGEN ~ \
"[~ 11 CJ
BY: 7 ()
V
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
Non-Discussion
The City Council is requested to review and approve the revised
grading and drainage plan for Cedar Hills Estates 2nd Addition.
The developer has requested a change to allow the minimum
basement floor to be lowered to an elevation one foot above
adjacent 100 year pond elevations. The minimum basement
elevations for Lots 1, 5 and 6 of Block 1 and Lots 1-3 and 6 of
Block 2 were revised.
The Andover Review Committee has reviewed the revised grading and
drainage plan and is recommending approval.
\......
MOTION BY
~_) TO
COUNCIL ACTION
SECOND BY
CJ
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE REVISED GRADING AND DRAINAGE PLAN OF
CEDAR HILLS ESTATES 2ND ADDITION AS BEING DEVELOPED BY LAWRENCE
B. CARLSON IN SECTION 05, TOWNSHIP 32, RANGE 24, ANOKA COUNTY,
MINNESOTA.
WHEREAS, the Andover Review Committee has reviewed the
revised grading and drainage plan; and
WHEREAS, Resolution No. 037-92 continues to be in force
regarding the preliminary plat; and
WHEREAS, the City Council approves the revised grading and
drainage plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby approve the revised grading and
drainage plan.
~-)
Adopted by the City Council of the City of Andover this 7th
day of July, 1992.
CITY OF ANDOVER
Attest:
Kenneth D. Orttel - Mayor
Victoria Volk - City Clerk
, '\
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CITY OF ANDOVER
o
REQUEST FOR COUNCIL ACTION
DATE
7111y 7. 100.,
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
Non-Discussion Items
Finance
ITEM
NO.
25. Adopt Resolution
Expending PIR Funds
Howard D. Koolick ~
BY: Finance Director
REQUEST
The Andover City Council is requested to adopt the attached
resolution expending PIR Funds to pay for the unbudgeted shipping
costs related 0 the Accu-Vote voting equipment.
BACKGROUND
At the last meeting, the City Council adopted a resolution
authorizing the expenditure of PIR Funds for a number of budgeted
items. This resolution included $10,248 for the purchase of Accu-
Vote voting equipment. However, due to an oversight, the amount
included in the resolution did not include the shipping costs for
this equipment.
\v
The attached resolution, if adopted, is the City Council's
approval to pay the shipping costs of $234.56. Please remember
that this resolution, should you choose to adopt it, requires a
4/5ths majority.
I would recommend that the resolution be adopted. Please direct
any questions or comments to me prior to the meeting if possible.
COUNCIL ACTION
MOTION BY
SECOND BY
:(0
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,
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
-92
MOTION by Councilmember
to adopt the following:
A RESOLUTION AUTHORIZING THE EXPENDITURE OF $234.56 FROM THE
PERMANENT IMPROVEMENT REVOLVING FUND.
WHEREAS, Resolution Number R174-90 established a Permanent
Improvement Revolving Fund containing a Capital Improvement
Account designed to fund capital expenditures; and
WHEREAS, the City Council has adopted, and subsequently
amended, a budget for the Permanent Improvement Revolving Fund
which included the acquisition of two new Accu-Vote units; and
WHEREAS, the amount approved for the Accu-Vote Units did not
include shipping costs required to have the units delivered to the
City of Andover.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Andover hereby authorizes the expenditure of $234.56 from
the Capital Improvement Account of the Permanent Improvement
Revolving Fund for the shipping costs incurred relating to the two
new Accu-Vote units.
MOTION seconded by Councilmember
and adopted by the
City Council on this
7th
day of
July , 1992 with
Councilmembers
voting in favor and Councilmembers
none
voting against,
whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Kenneth D. Orttel - Mayor
Victoria Volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE Julv
7. lqq?
~
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
Non-Discussion
ITEM Accept Petition/
NO~~. Njordmark-Dale/91-5
Engineering ~
BY: Todd J. Haas
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 No. 91-5 in the
Njordmark-Dale/178th Lane N.W. area.
History
A public hearing was held last year on June 4, 1991 regarding the
possibility of constructing bituminous streets in the existing
area. The estimated cost for the improvement was approximately
$4,160 per lot with sod and $3,760 per lot with seed as an
alternative. The outcome of the meeting was a tie - 8 yes and 8
no. (City Council did not order the project.)
'-----
On November 21, 1991, Jim Schrantz sent a letter to the property
owners recommending the existing street be roto-milled. The
roto-milling will crush the bituminous pavement and mix it with 2
inches of the existing base materials. Paving with 2 inches of
2341 bituminous wear course will be done after the base is shaped
and compacted. The estimate given to the property owners was
$2,800. Shortly thereafter it was determined the estimate in the
November 21, 1991 letter is 10% low. The estimate should have
been $3,200 with seeding.
Staff recommends the feasibility report be prepared with the
option that was presented to the property owners in the November
21, 1991 letter.
COUNCIL ACTION
MOTION BY
) TO
\,
SECOND BY
(~
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO. R
MOTION by Councilman
to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
STREETS, PROJECT 91-5 IN THE NJORDMARK-DALE/178TH LANE NW. AREA.
WHEREAS, the City Council has received a petition, dated
June 22, 1992 , 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.
~J
MOTION seconded by Councilman
and adopted by
meeting this 7th day of
the City Council at a regular
July , 19~, with Councilmen
voting in favor of the resolution, and
Councilmen
voting against, whereupon said
resolution was declared passed.
CITY OF ANDOVER
Attest:
Kenneth D. Orttel - Mayor
Victoria Volk - City Clerk
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
November 21, 1991
Re:
street reconstruction:
that property adjacent
(Tulip Street).
(Project 91-5) Njordmark - Dale and
to 178th Lane east of County Road 58
Dear Residents:
As most of you know a public hearing was held this summer
regarding the possible street reconstruction. The property
owners were split on the improvement and the City Council acted
to vote against the improvement project.
Discussion:
The City Staff researched to determine items that may be of
interest to the property owners. They are as follows:
* The existing streets were paved approximately 1974.
* The streets were then cracksealed and sealcoated in 1984.
* About 1989 the City determined the streets were beyond the
point to be cracksealed and sealcoated. Since then the City
has presented some options for the reconstruction of these
streets.
Note: The City did some overlay work this past summer in the
areas where the street needed structural reinforcement.
Alternate Recommended:
The City has reviewed six different alternates for street
improvement. The alternate that is recommended is to roto-mill
the existing bituminous pavement. The roto-milling will crush
the bituminous pavement and mix it with 2 inches of the existing
base materials. The mixing process is used to strengthen the
existing aggregate base. Paving with 2 inches of 2341 bituminous
wear course will be done after the base is shaped and compacted.
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Estimated Cost:
The estimated assessable costs are approximately $2,800 per lot
which is lower than the estimate given to the property owners in
May 1991.
If the property owners are interested in pursuing the improvement
a petition should be circulated once again to the properties.
If you have any further questions, feel free to contact me or
Todd Haas at 755-5100.
ames E. Schrantz
city Engineer/Public Works Director
JES:rjr
DATE: July 7, 1992
ITEMS GIVEN TO THE CITY COUNCIL
Schedule of Bills
Regular City Council Meeting Minutes - June 16, 1992
Park & Recreation Minutes - June 18, 1992
Tree Commission Meeting Minutes - June 15, 1992
Planning and zoning Commission Minutes - June 23, 1992
Feasibility Report - Project 92-17 (Agenda Item ~23)
Site Plan/Kelsey-Round Lake Park (Agenda Item ~17)
Preliminary Plat/Leeman Lake Estates (Agenda Item ~4)
Revised Grading plan/Cedar Hills Estates 2nd (Agenda Item ~24)
South Andover Site Record of Decision Amendment from SEC Donohue
population Information from Metropolitan Council
Ordinance No. 99
Ordinance No. 100
Letter from Family Life Mental Health Center
Letter from John Schroder, Anoka County
Monthly Contract Productivity Report from Sheriff
Letter from JoAnn wright, Anoka County re: CDBG Program
Letter from TKDA re: June 16th Engineering Matters
Letter from Paul Ruud, Anoka County re: Proposed GIS Fee Schedule
Coon Creek watershed Meeting Minutes
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEX1
AGENDA.
THANK YOU.
FIRE TONE CALL SHEET
Andover Fire Department
s;-5
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,.
COUNTY OF ANOKA
Department of Highways
Paul K. Ruud, Highway Engineer
1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520
June 25, 1992
City of Andover
1685 Crosstown Boulevard NW
Andover, MN. 55304
Attention: Vicki Yolk, Clerk
Subject: Proposed GIS Fee Schedule
;;; CC -
~/~2-
110 I<
12' fI ] 7-/-92...
Dear Ms. V olk:
The development of a Geographic Information System (GIS), a joint effort
of the county and the communities of Blaine, Columbia Heights, Coon Rapids,
Fridley and Linwood, has reached the point where there are now products that are
marketable.
As the basis for developing a schedule of fees to be charged for various
information and documents, our staff has considered the cost of producing the
information and has reviewed the fees being charged by other metropolitan
counties. From this data a schedule of proposed fees has been developed.
We would appreciate your review of the proposed fee schedule, a copy is
attached, and receipt of any comments you may have.
The GIS will provide a real service to the residents of Anoka County and we
trust that the revenue that is realized will enable us to maintain and enhance the
Geographic Information System.
7t:"'R:~
Paul K. Ruud, PE
County Engineer
End:
xc: County Commissioners
xc: Elwyn Tinklenberg
xc: Paul Leegard
Affirmative Action I Equal Opportunity Employer
PRELIMINARY PROPOSED
GEOGRAPHIC INFORMATION
FEE SCHEDULE
DISCUSSION: The data contained in the Anoka County GIS is public data. It was paid
for with public funds for public use. Previous to the development of Anoka County GIS,
there was not a significant amount of readily available geographic information for Anoka
County. Due to the lack of other geographic information sources, Anoka County's data is
of value. State law provides owners of geographic information the ability to recover
direct costs of providing data in addition to reasonable development costs. The goal of
this fee schedule is to maximize public access to Anoka County's geographic data, protect
the data's value and recover some of the costs associated with developing and providing
this data.
In accordance with the stated goal, we are proposing that information provided in hard
copy formats (maps, labels, reports, charts) be less costly than information provided in
electronic format. This approach allows Anoka County to make the basic information
available at a low cost; yet, making the data difficult to reformat and/or resell. In
addition, there are standard products to be sold at low, fixed costs and custom products to
be sold at relatively higher costs. The fees for electronic media are similar to those
charged by other area counties. The list of charges for electronic media by other counties
is: Dakota County - $484.00; Hennepin County - $450.00; Ramsey County - $364.00
(proposed); Washington County - $400.00.
The proposed fee schedule is for one time distributions. If a client wishes to have periodic
updates of geographic information a joint powers or license agreement may be developed.
These agreements will vary in there content and cost depending on the services requested.
It is anticipated several of these agreements will be established over the next year.
. .
.
PRELIMINARY PROPOSED FEE SCHEDULE
Standard maps - $10.00. The list of standard maps includes: parcel maps; commissioner
districts (county-wide); commissioner district (single); precincts (county-wide);,
precincts (city-wide); precinct (single); representative districts (county-wide);
representative district (single); highways (county-wide); highways (city-wide); addresses
and parcels (city-wide). This list will be expanded over time.
Custom maps - $10.00 for the map plus $50.00 per hour for compilation.
Mailing labels - $0.025 per label. Labels can be generated using any combination of the
following criteria: county-wide; city(s); precinct(s); representative district(s);
commissioner district(s); zip code(s) - (3,5 or 9 digit); carrier route(s); selected street
name(s) or type(s); or any ad hoc area within the county. The labels can be enhanced
with bar coding and/or carrier route sorting to produce the greatest possible postage
discount.
Reports, Charts and Graphs - $50.00 per hour for compilation plus our costs for
materials.
Above products on electronic media - $400.00 per megabyte.
10 ct/
1j;lq~
,,"", E C E' \J E f\
HI ,tiN 191992 }J
-
CITY OF ANDOVER
~'
.'
~.
AGENDA
COON CREEK WATERSHED DISTRIC
BOARD OF MANAGERS
June 22, 1992
7:30 PM
1. CALL TO ORDER
2. Approval of Agenda
3. Open Mike
POLICY ITEMS
4. Approval of Minutes
5. Ditch Inventory
PERMIT ITEMS
6. Leeman Lake Estates
7. Winslow Hills Utilities
DISCUSSION ITEMS
8. MN/DOT Request for waiver from specific permit stipulations
9. Development of 1993 Project Priorities
INFORMATIONAL ITEMS
10. Pond Policy
NEW BUSINESS
ADJOURN
1'.
COON CREEK WATERSHED DISTRICT
BOARD OF MANAGERS' MEETING
June 8, 1992
The Board of Managers of the Coon Creek Watershed District held
their regular meeting on June 8, 1992 at the Bunker Hills
Activities Center.
Present: Reggie Hemmes, Eldon Hentges, LuEllen Richmond, Paul
Williams, Bob Boyum.
Staff:
Ulrich.
Tim Kelly, Kathy Tingelstad, Ed Matthiesen, Michelle
1. The meeting was called to order at 7:32 PM
2. Approval of the Agenda: Moved by Richmond, seconded by
Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges,
Richmond, and Williams) and no nays.
Policy Items
3. Open Mike: No one was present for this item.
4. Approval of May 18, 1992 Minutes: Moved by Williams, seconded
by Richmond. Motion carried with five yeas (Boyum, Hemmes,
Hentges, Richmond, and williams) and no nays.
5. Receive Monthly Financial Statements: Boyum moved and williams
seconded the motion to receive the monthly financial statements.
Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond,
and Williams) and no nays,
5. Approve Bills: Kelly corrected the last six checks to 3521
through 3526, Moved by Boyum, seconded by williams to approve
the bills. Motion carried with five yeas (Boyum, Hemmes, Hentges,
Richmond, and Williams) and no nays. The bills to be paid are as
follows:
Check
3513
3514
3515
3515
3517
3518
3519
3520
3521
3522
3523
3524
3525
3525
TO
Amount
5,791.14
3,553.50
2.795.88
1.232.25
1,125.33
1,081.12
1,074.00
.00
412.15
317.83
130.00
103.85
75.18
30.57
Anoka County
MiChelle J. UlriCh
JMM
Business Agency Inc
Blaine Office Part.
Rick Johnson
Nadiene Anderson
VOID
Ed Fields
COP
MASWCD
Tim Kelly
US West
Kinko's
7. Budget Assumptions Themes and Goals: Kelly presented this
item. He stated that the Board packets had a summary of the May
18 budget workshop. It was stated that the Board was not bound by
the budget policies; instead they serve as a rational basis for
recommendations, A motion was made by Williams and seconded by
Boyum to adopt the budget assumptions, themes and goals, with the
amendment of adding the following sentence to the end of policy
statement '4: .Projects at the downstream end of a system will be
given priority." Motion carried with five yeas (Boyum, Hemmes,
Hentges, Richmond, and williams) and no nays. The Board of
Managers decided that the date of the District tour would be
Thursday. June 18 from 3 to 9 PM
Page 2. Coon Creek Watershed District - June 8, 1992
8, Award Bid for Project 92-04 for Creekview Rip-rap: Kelly
presented the background on this item. It involves the
construction of approximately 125 feet of rip-rap along Coon
Creek down stream from where Woodcrest Creek enters Coon Creek in
Coon Rapids. He stated that eight contractors had been sent bid
documents and one bid was received. The bid was $2,300 lower
than the original estimate. Kelly stated that he had checked out
this bidder with the City of Coon Rapids. A motion was made by
Boyum and seconded by Richmond to award the project to Dave
Perkins Contracting, Inc, for $10,700. Motion carried with five
yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no
nays.
Permit Items
9. M.A.C. Perimeter Service Road Construction.: Kelly presented
the permit review. The purpose of this project is construction of
a service road along the east edge of the airport in Blaine. It
was noted that the contractor will be bonded by the M.A.C. Based
on the findings in the permit review, it was recommended that the
permit be approved pending the following: The contractor obtain a
permit from the District. Motion to approve as stipulated was
moved by Boyum and seconded by Hentges. Motion carried with five
yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no
nays.
10, Ham Lake Street Improvement Service Road Construction.: Kelly
presented the permit review. The purpose of this project is
upgrading of 179th Avenue in Ham Lake. It was stated the
replacement of 0.05 acres of wetland preferably be on-site.
Richmond had a Question about the time frame allowed for doing
the wetland replacement. Kelly will get a clarification of this
under the final wetland rules and will inform the Board. Based on
the findings in the permit review, it was recommended that the
permit be approved pending the following: Certification of
replacement of 0.05 acres of wetland from the City of Ham Lake,
and that the contractor obtain a permit from the District. Motion
to approve as stipulated was moved by Boyum and seconded by
Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges,
Richmond, and Williams) and no nays.
11. Osborne Ditch Repair (Ditch-58): Matthiesen presented the
permit review. The purpose of this project is spot-cleaning of
washouts in Ditch 58. The applicant, Walter Osborne, was in
attendance and stated. "Work will be off the west bank of the
ditch." There was discussion about the need for a policy on
getting approval from neighboring property owners in order to
have access to their property for ditch cleaning. Ulrich pointed
out concern about appearing as an "agent" relationship and the
liability that may be implied. It was stated that the applicant
needs to send a letter to the District stating that a
conversation took place with the neighbor and that he/she gave
permission to have access to his/her property. Based on the
findings in the permit review. it was recommended that the permit
be approved pending the following: The repair channel
approximates the Ditch 58 plan cross-section, the repaired areas
be seeded immediately upon completion, no dredge material be
placed in any wetland area, a District representative mark
locations where dredge material cannot be placed, and Prior to
work commencing the District receive written verification that
repair on adjacent property is acceptable to that owner. Motion
to approve as stipulated and amended was moved by Boyum and
seconded by Richmond. Motion carried with five yeaa (Boyum,
Hemmes, Hentges, Richmond, and Williams) and no nays.
Page 3. Coon Creek Watershed District - June 8, 1992
12. Heather Wood: Matthiesen presented the permit review. The
purpose of this project is development of 93 single family homes
on 38.6 acres in Blaine. It was stated that this is the first
test of our wetland regulations since mitigation on this project
will be the ratio of 1.4 to 1.0 for wetland replacement, It was
noted that the applicant should contact PCA regarding NPDES
permit reQuirements because the grading area is greater than five
acres. Based on the findings in the permit review, it was
recommended that the permit be approved pending receipt of $2,430
for erosion escrow. Motion to approve as stipulated was moved by
Williams and seconded by Hentges. Motion carried with five yeas
(Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays.
13. Park Construction Soil Mining Location: Matthiesen presented
the permit review. The purpose of this project is to regrade the
site at 125 Bunker Lake Blvd. in Andover and truck the excess
material to MnDOT Project 0214-10. Julian Fenendael, the engineer
on the project was in attendance. It was noted that it would take
about two years to complete this project, Also, that the amount
of runoff would be less, so this would be beneficial to the
District. It was noted that the applicant should contact PCA
regarding NPDES permit reQuirements because the grading area is
greater than five acres. Based on the findings in the permit
review, it was recommended that the permit be approved pending
receipt of $2,550 for erosion escrow. Motion to approve as
stipulated was moved by Boyum and seconded by Williams. Motion
carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and
Williams) and no nays.
14. Sand Creek Estates West Utilities: Matthiesen and Kelly
presented the permit review. The purpose of this project is
installation of street, storm sewer, watermain, sanitary sewer
and utilities. It was discussed that the city plan has the sewer
at an angle, which is more advantageous. It was also noted that
rip-rap breaks down at this location and some other bank
stabilization method may have to be use. Based on the findings in
the permit review it was recommended that the permit be approved
with the stipulation that the City's selected contractor obtain a
Coon Creek Watershed District permit. Motion to approve with
stipulation was moved by Williams and seconded by Hentges. Motion
carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and
Williams) and no nays.
15, Pinewood Estates: Matthiesen presented the permit review. The
purpose of this project is development of 174 single family units
on 65.1 acres in Andover. It was noted that the City of Andover
has acknowledged a maintenance easement on this pond. Chuck Cook,
the developer, was present and stated that the pond will be fully
developed in phase two. It was noted that the applicant should
contact PCA regarding NPDES permit reQuirements because the
grading area is greater than five acres. Based on the findings ir
the permit review, it was recommended that the permit be approvec
pending receipt of the following: 1) erosion escrow of $3,755, a
plan Showing a) a baffled weir outlet structure and b) a bench
constructed along the pond, 3) a pond maintenance program by the
City of Andover, and 4) phased construction of the pond to ensurE
water Quality benefits from Phase 1. Motion to approve with the
above stipulations was moved by Hentges and seconded by Richmond,
Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond,
and williams) and no nays.
16. Winslow Hills 2nd Addition: Kelly presented the permit
review. The purpose of this project is development of 60 single
family units on 29 acres of land in Andover. The erosion escrow
of $1,950 has already been received. There was discussion about
pretreatment of stormwater prior to discharge into wetlands and
best management practices, as well as the size and location of
Page 4, Coon Creek Watershed District - June 8. 1992
the basin. Based on the findings in the permit review, it was
recommended that the applicant be allowed to begin rough grading
at his own risk, subject to any revisions that may come about
upon a more thorough review of the hydrology of the development.
Motion to approve the project as stipulated and pending the
location of a sediment pond was moved by Richmond and seconded by
Boyum. Motion carried with five yeas (Boyum, Hemmes, Hentges,
Richmond, and Williams) and no nays.
17. WOE Landfill Site 95~ Draft Remedial Design Closure Plan:
Kelly presented the permit review. The purpose of this project is
construction of a multi-layer cap with run-on run-off control.
slurry wa", wetlands relocation, and installation of eight
extraction wells required under the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA). Kelly
presented background on this item, stating that it was not a
permit review, instead this item was detailed comments on the
proposal, He explained that this is the Federal Superfund site
and that the design was 95~ complete, The responsible parties
can make minor adjustments before it becomes a final plan. Based
on the findings for this item, it was recommended that comments
be made by the Board of Managers. Motion was moved by Richmond
and seconded by williams to authorize comment on this plan with
four concerns about the plan: stormwater, water quality,
treatment of ground water and ditch maintenance. Motion carried
with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams)
and no nays.
Discussion Items
18. Pingers Plaza Structure Design OPtions: Kelly presented the
item. The items concerned replacement of the structure. Staff
recommended that a cabled concrete structure without a culvert be
designed and that if possible the project be funded through 1992
project savings. Motion to approve the recommendation and do the
project this season if possible was moved by Boyum and seconded
by Williams. A point of clarification was made that the project
be put in the 1993 budget in case the District is not able to
free up the funds this year. Motion carried with five yeas
(Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays.
19. Criteria for Selecting Professional Services: Kelly presented
this item, stating that State Statutes require solicitation for
professional services once every two years. It was mentioned
that propsective firms understand that the District is not
dissatisfied with our current prOfessional services. Moved by
Williams and seconded by Boyum to direct staff to implement the
timeline proposed. Motion carried with five yeas (Boyum, Hemmes,
Hentges, Richmond, and Williams) and no nays.
Informational Items
20. Receive Staff Report: Kelly presented this item. There was
discussion about a couple of the meetings and issues. Motion to
accept staff report was moved by RiChmond and seconded by
Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges.
Richmond, and Williams) and no nays.
21. Petition on Lower Coon Creek: Kelly presented this item. ^
petition signed by 25 homeowners was shown. This represents
support of residents in the Coon Creek area below East River Roae
concerning the need for clean-up of the area. Kelly stated that
he would be notifying the homeowners' spokesperson that the Boare
of Managers will be stopping at the area on the June 18 tour.
Motion was made by Richmond and seconded by Williams to receive
Page 5. Coon Creek Watershed District - June 8, 1992
the petition and direct staff to contact a few homeowners to make
them aware of the tour stop. Motion carried with five yeas
(Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays.
22. Letter to Andover on Water Ouality: Kelly presented this
item. The letter was from the Metropolitan Council concerning
comprehensive plan amendments to Pinewood Estates Phase I and
Winslow Hills 2nd Addition. No action was needed on this item.
23. 1992 Amendments to the Watershed District Act: Kelly
presented this item. It was a letter outlining the results of the
legislation that was passed concerning watershed districts.
No action was needed on this item.
24, EOB Water Monitoring Plan: Kelly presented this item
concerning the Environmental Ouality Board's recent publication
on this topic. No action was needed on this item.
The meeting adjourned at 10:02 PM on a motion by Williams,
seconded by Boyum. Motion carried with five yeas (Hemmes,
Hentges, Richmond, and williams) and no nays.
Reginald A. Hemmes. President
'.
G ~f1ICf)-
TKDA
TOLTZ. KING. DUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
ENGINEERS ARCHITECTS PLANNERS
1500 MERITOR TOWER
444 CEDAR STREET
SAINT PAUL, MINNESOTA55101.2140
PltONE:61mn-4400 FAX:612/292-00B3
June 17, 1992
Honorable Mayor and City Council
City of Andover, Minnesota
Re: Regular Council Meeting
June 16, 1992
Andover, Minnesota
Commission No. 9140-992
Dear Mayor and Councilmembers:
The following is a summary of engineering matters discussed and action taken at the regular
meeting the the Andover City Council on June 16, 1992:
1. Pinewood Estates. Rezone and Preliminary Plat. Proj. 92-3, Comm, No, 10103-01
The plat of Pinewood Estates was approved for rezoning to R-4, residential zone. The
preliminary plat was approved.
2, Pheasant Meadows. Preliminary Plat. Proi. 92-10. Comm. No. 10174-01
The preliminary plat of Pheasant Meadows was approved by resolution,
3, Pheasant Glen. Sketch Plan. Proj, 92-16. Comm, No. 10198-01
Availability of utilities in the area along with Jay Street improvements was reviewed. A
feasibility report for the balance of the area was recommended, A public informational
meeting will be held following preparation of the overall feasibility report.
The Council received the sketch plan.
~
",
LeRoy John~on PrQpertv. Mining-_=-S_p.~~i~ lLse Permit. Parks Construction
The Council approved the special use pemlit for a mining operation on the LeRoy Johnson
property with conditions,
The plan has been approved by Coon Creek Watershed.
The duration will extend into August of 1993.
A maximum 500,000 Cubic Yards of material will be removed from the site.
A future development plan should be submitted for staff review.
· Honorable Mayor and City Council
June 17, 1992
Page 2
5, Consent Agenda
The Council approved by consent each of the agenda items as follows:
A. Item 14 - Proj. 92-4, Winslow Hills 2nd Addition, Conun, No, 10127
Award to Kenko, Inc, in the amount of $528,229.35,
B. Item 20 - Proj. 92-15, Hidden Creek East 5th Addition, Conun. No. 10055
Received petition for improvements.
C, Item 21 - Proj. 92-15, Hidden Creek East 5th Acldition, Com,'ll. No, 10055
Received Feasibility Report and authorized preparation of plans and specifications.
D, Item 22 - Proj. 92-16, Pheasant Glen, Conun. No, 10198-01
Received petition for improvements and authorized preparation of Feasibility
Report.
6, Trunk Sanitary Sewer/Andover Boulevard - Proj. 92-8. Conun. No. 10151
The Council awarded the project to Hank Weidema Excavating in the amount of
$138,107.73,
The Mayor was asked to delay signing contracts until pernlits for dewatering have been
approved from MPCA, EP A and the DNR.
The meeting adjourned at approximately 9:00 P.M.
Sincerely,
~€~
JLD/mha
.
COUNTY
t,~ 1(1 {1Y
OF ANOKA
Urban Anoka County Community Development Block Grant
COURTHOUSE ANOKA, MINNESOTA 55303 612-421-4760
June 23, 1992
'- E C E i V-E - I
H ,UN 2 d992 U
','
The Honorable Ken Orttel
Mayor, City of Andover
2772 Bunker Lake Boulevard
Andover, MN 55304
,-
CITY O~ AI'.lt"I"I/t:'1:'
Re: 1993 - 1995 CDBG Program - Opportunity for Communities to Withdraw
Dear Mayor Orttel:
June 30, 1990, marks the beginning of a new three-year cycle of Community Development Block
Grant Programs. HUD requires that we give the communities an opportunity to "opt-out" of the
Anoka County CDBG Program at the beginning of each three year cycle.
A community's decision to withdraw from the program reduces the County's CDBG population
count and entitlement amount and technically is effective for three years until June 30, 1996.
However, Anoka County may exercise the option to invite a community that has "opted-out" of
the County CDBG Program to participate in the second or third year.
If your community desires to have its population excluded from Anoka County's total for the
CDBG program, please provide notice In writlna to JoAnn Wriaht. Anoka Countv Courthouse.
and Ms. Charlotte Scott. HUD. 220 South Second Street. Minneapolis. MN 55401. no laier
than September 4. 1992.
All of the communities executed Joint Cooperation Agreements for 1987 that continue in effect
so long as there is a CDBG program and they do not elect to withdraw. However, HUD has
required some new language that requires an addendum that will be forwarded to you as soon
as possible, We will have to submit our Joint Cooperailon Aareements with the addendum
and evidence of authorlzailon bv your City Council or Town Board to HUD bv October 2.
1992. Please schedule your councilor board discussion accordingly.
If you have any questions about this process, please call me at 421-4760, extension 1178,
Sincerely,
2~~ll"~
Community Development Manager
JOW:sw
cc: ~e Carlberg
AftIrmaUve ActIon I Equ.l Opportunity Employer
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Office of 7/1/QZ/
ANOKA COUNTY SHERIFF'S DEPARTMENT
KENNETH G. WILKINSON - SHERIFF
Courlhouse - 325 East Main Street - Anoka, M nN' .:'. tfsC E r V E U"'~
612-421-4760 I
' JUN 2 9 1992
crrr OF AatOOVIat
,..
......&D.&ay alIIft'RACI' pROlJUC!'IV:[ft REPORT
CITY OF ANDOVm
MONTH :
Nay
, 1992
This report reflects the productivity of the Andover contract cars,
3l25, 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.
o
32
41
54
11,412
Radio Calls 507
complaints 366
Medicals 6
P.I. Accidents 9
P.D. Accidents 11
Domestics 8
House Checks 37
Business Checks
DWI
59
2
2
Arrests: Traffic
Arrests: Felony
G.M.
Misdemeanor 17
Arrests: Warrant
Papers Served:
Warnings:
Aids: Public
other Agencies
TOTAL MILES PATROLlED:
CAPTAIN LEN CHRIST
ANOKA COUNTY SHERIFF'S DEPARTMENT
PATROL DIVISION
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COUNTY
OF
ANOKA
Office of the Court Administrator
COURTHOUSE ANOKA, MINNESOTA 55303 612.422-7350
Jane F. Morrow
Court Administrator
June 24, 1992
The Honorable Ken Orttel
Mayor of Andover
2772 Bunker Lake Blvd. N.W.
Andover, MN 55304
Dear Mayor Orttel:
In the 1992 Omnibus crime Bill, Chapter 571, the Legislature
mandated the Conference of Chief Judges to establish a schedule of
misdemeanor offenses to be treated as petty misdemeanor offenses.
The result of such action would be to "decriminalize" these
offenses and thereby deny persons charged with such an offense the
services of a public defender and access to a jury trial. In other
words, decriminalization is intended to save the government money.
Judge James Gibbs, Chief Judge of the Tenth Judicial District, has
asked our office to request your thoughts about which municipal
ordinances should be reduced to petty misdemeanors. As you may
know, most violations of municipal ordinances are currently
considered misdemeanor offenses. You should also be mindful of the
limited fine for petty misdemeanors. The maximum fine for most
petty misdemeanor offenses is $100, whereas for misdemeanors the
maximum fine is $700.
The Legislature directed the Conference of Chiefs to establish a
schedule by August 1, 1992. I would appreciate your written
comments regarding offenses which you would recommend for petty
misdemeanor treatment, if possible by July 1. I apologize for the
short turnaround time, but the Legislature gave no notice that it
was contemplating such a move.
Thank you for your assistance.
please do not hesitate to call.
If I can answer any questions,
sincerely,
~JL~\v
John Schroder
Chief Deputy
cc: Chief Judge Gibbs
@ Affirmative Action I Equal Opportunity Employer
~~1Iq~
Family Life Mental Health Center
OLD us POST OFFICE BUILDING 300 EAST MAIN STREET fLOWER LEVEL ANOKA, MINNESOTA 55303 (6121427-7964
June 25, 1992
Board of Directors
Andover City Council
Attn: The Honorable Ken Orttel
Ci ty of Andover
1685 Crosstown Blvd N W
Andover, Minnesota 55304
ROBERT BAUMER, M,D.
Anoka, Minnesota
DENNIS BERG
Anoka County Commissioner
Dear Mayor Orttel and Members of the Council:
JOAN COLE
Anoka, Minnesota
KEN KUNZMAN
Metropolitan Council Member
on behalf of Family Life Center Board of Directors, staff
and clients, we wish to express our deepest appreciation
for the Community Development Block Grant of $2,000.00.
According to our December 31, 1991 Demographic Report,
sixty-five percent of our clients have very low income
and eight percent are low income residents of Anoka County.
Your grant will help low income Andover City residents who
have no funding resources and are in need of mental health
services.
LEO FOLEY
Anoka, Minnesota
ALICE JOHNSON
State Representative
E.F, (BUSTER) LA TUFF
Anoka City Council Member
Thanks for your support.
LILLIAN MEYER
Fridley, Minnesota
v/it~ 72v'A'P4tJ
Lucy Mickman
Clinical Director
GENE MERRIAM
State Senator
IMIcr
GARY RICK
St. Paul, Minnesota
BUSTER TALBOT
Aooka, Minnesota
MARTY WELTMAN
Andover, Minnesota
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Report for
Countryview Estates
Hawk Ridge
Verdin Acres
street Improvements
City Project 92-17
Andover, Minnesota
June, 1992
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File No. 17128
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L1flLI Bonestroo
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'\K1\l Anderlik &
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Engineers & Architects
St. Paul. Milwaukee
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Otto G. Bonestroo. P.E.
Robert W. Rosene, P,E.*
Joseph C. Anderlik, P.E.
Marvin L Sorvala, P.E.
Richard E. Tumer. P.E.
Glenn R. Cook, P.E.
Thomas E. Noyes. PE.
Robert G. Schunicht. P.E.
Susan M. Eberlin, CPA
-Senior Consultant
Howard A. Sanford, PE.
Keith A. Gordon. P.E.
Robert R. Pfefferle, P.E.
Richard W. Foster, P.E.
David 0. Loskota, P.E.
Robert C. Russek. A.l.A.
Jerry A. Bourdon, P.E.
Mark A. Hanson. P.E.
Michael T. Rautmann. PE.
Ted K. Field, P.E.
Thomas R. Anderson, AlA.
Donald C. Burgardt. PE.
Thomas E. Angus. P.E.
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
June 29, 1992
Honorable Mayor and City Council
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55303
Re:
Countryview Estates, Hawk Ridge & Verdin Acres
Street Improvements
Project No. 92-17
Our File No. 17128
Dear Mayor and Council:
Gary F. Rylander, PE.
Ismael Martinez, P.E.
Michael P: Rau, PE.
Agnes M. Ring. A.l.e.p.
Thomas W. Peterson. P.E.
Michael C. Lynch, PE.
James R. Maland. r.E.
Jerry D. Pertzsch, P.E.
Kenneth P. Anderson, P.E.
Mark R. Rolfs. rE.
Mark A. SeiP. P.E.
Gary W. Marien, P.E.
Oaniel J. Edgerton, rE.
Philip J. Caswell, P.E.
Mark D. Wallis. P.E.
Miles B. Jensen, P.E.
L. Phillip Gravel Ill, P.E.
Karen L. Wiemeri, P.E.
F. Todd Foster, P.E.
Keith R. Yapp. P.E.
Shawn D. Gustafson, rE.
Cecilia Olivier, P.E.
Charles A. Erickson
Leo M. Pavvelsky
Harlan M. Olson
James F. Engelhardt
Transmitted herewith is the feasibility report for the construction of residential streets within
the Countryview Estates, Hawk Ridge and Verdin Acres Additions. The report provides a
detail cost estimate of the work being considered and a plan of the area.
We would be pleased to meet with the City Council and Staff at any mutually convenient time
to review any aspect of this report.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
~~ ;( t-e,L
Glenn R. Cook
GRC:li
Enc!.
I hereby certify that this report was prepared by me
or under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of
the State of Minnesota.
~a~A/V R ~/c
Glenn R. Cook
Date:
June 26. 1992
17128,Rep
Reg. No. 9451
2335 West HIghway 36. St. Paul, Minnesota 55113 · 612-636-4600
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TABLE OF CONTENTS
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Page No.
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LETTER OF TRANSMITTAL
1.
TABLE OF CONTENTS
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INTRODUCfION
DISCUSSION
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PROJECf COSTS AND ASSESSMENTS
4.
5.
CONCLUSIONS AND RECOMMENDATIONS
6.
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APPENDIX 1 - COUNTRYVIEW ESTATES
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APPENDIX 2 - HA WI( RIDGE
APPENDIX 3 - VERDIN ACRES
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FIGURE NO. 1 - STREET CONSTRUCfION
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INTRODUCTION
The City of Andover has requested a preliminary report to determine the feasibility of
constructing residential streets within the Countryview Estates, Hawk Ridge and Verdin Acres
Additions. The City received a petition from the residents in the area requesting that a
feasibility report be prepared. The proposed street improvements are shown on Figure No. 1
at the back of this report.
The existing roadways consist of native sand and contaminated gravel and are 24 to 28
feet in width. The proposed street would consist of a 24 foot wide paved surface with 2'
shoulders. The section would consist of 4 inches of Class 5, aggregate base and 2 inches of
bituminous surfacing. This section is the standard for the City of Andover. A cul-de-sac is
being proposed at the west end of 179th Avenue.
Soil borings have not been taken for this proposed roadway, but field investigation
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percolates into this soil. There are existing driveway and street culverts which will be utilized
for drainage purposes.
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17128.Rep
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DISCUSSION
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The construction of the streets will consist of shaping the roadway to the design grade and
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crown and the placement of 4 inches of Class 5 aggregate base and 2 inches of 2341 bituminous
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surfacing. The street will be constructed as a rural section and be paved 24 wide with a 2 foot
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shoulder on each side. The shoulder will be covered with 2" of topsoil and sodded. The storm
water will be controlled in the existing ditches.
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The existing driveways will be matched with bituminous surfacing. The construction of
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bituminous driveways from the edge of the pavement to the right-of-way is included in the cost
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estimate.
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PRO.TECf COSTS AND ASSESSMENTS
The project costs for the proposed street improvements are outlined in this section. The
itemized cost estimate is provided in the Appendix and includes a 5 percent contingency and
20 percent for legal, engineering and administration. It is anticipated that easement acquisition
will not be necessary. There is no cost for storm sewer or culvert replacement included in the
estimates.
The indicated unit prices are as projected for the 1992 construction season (ENR 4960
Mpls.).
Estimated Estimated
Area Cost Units Unit Cost
Countryview Estates $147,270 25 $5,890
Hawk Ridge 227,840 39 5,840
Verdin Acres 78,380 12 6,530
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of the variation in lot size.
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17128.Rep
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CONCLUSIONS AND RECOMMENDATIONS
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The project as reviewed herein is feasible as it relates to general engineering principals
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and construction procedures. Based on information contained in this report, it is recommended
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that:
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This report be adopted by the City of Andover as a guide for construction of the
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street improvements.
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2.
The City conduct a legal and fiscal review of the proposed project prior to a public
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hearing.
3. A public hearing be held to determine further action to be taken. The property
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owner adjacent to the roadways should be notified for hearing purposes.
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4.
The following schedule be implemented for the project:
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Order Plans and Specifications
July 7, 1992
July 21, 1992
July 21, 1992
Receive Preliminary Report
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Hold Public Hearing
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Approve Plans and Specifications
August 18, 1992
Bid Date
September 11, 1992
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Award Date
September 15, 1992
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Complete Construction
September 21, 1992
October 31, 1992
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Start Construction
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APPENDIX 1
STREET COST ESTIMATES
COUNTRYVIEW ESTATES
Unit Estimated Estimated
Item Unit Price Ouantity Cost
Common excavation CY $ 2.00 3,000 $ 6,000
Class 5 aggregate base TN 8.00 4,800 38,400
Type 41 bituminous wear course TN 18,00 1,925 34,650
AC-1 bituminous material for mix TN 140.00 125 17,500
Driveway replacement SY 10.00 350 3,500
Saw cut bituminous Lv 2.00 200 400
Remove existing bituminous SY 2,00 150 300
15" CMP culvert LF 25,00 100 2,500
15" CMP aprons EA 150,00 6 900
Sod with topsoil SY 2.00 5,000 10,000
Seeding w/topsoil & mulch AC 2,000.00 1 2.000
Estimated Construction Costs $116,150
+5% Contingency 5.810
Total Estimated Construction $121,960
+ 15% Legal, Engr., Admin. 18.295
$140,255
+5% Bonding and Capital Interest 7.015
TOTAL PROJECT COST $147,270
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17128.Rep
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APPENDIX 2
STREET COST ESTIMATES
HAWK RIDGE
Unit Estimated Estimated
Item Unit Price Ouantity Cost
Common excavation CY $ 2.00 4,000 $ 8,000
Class 5 aggregate base TN 8.00 7,000 56,000
Type 41 bituminous wear course TN 18.00 3,500 63,000
AC-1 bituminous material for mix TN 140.00 230 32,000
Driveway replacement SY 10.00 400 4,000
Saw cut bituminous LF 2.00 200 400
Remove existing bituminous SY 2,00 200 400
15" CMP culvert LF 25,00 100 2,500
15" CMP aprons EA 150.00 8 1,200
Sod with topsoil SY 2.00 4,500 9,000
Seeding w/topsoil & mulch AC 2,000.00 1.5 3.000
Estimated Construction Costs $179,700
+5% Contingency 8.985
Total Estimated Construction $188,685
+ 15% Legal, Engr., Admin. 28.305
$216,990
+5% Bonding and Capital Interest 10.850
TOTAL PROJECf COST $227,840
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APPENDIX 3
STREET COST ESTIMATES
VERDIN ACRES
Unit Estimated Estimated
Item Unit Price Ouantity Cost
Common excavation CY $ 2.00 1,500 $ 3,000
Class 5 aggregate base TN 8.00 2,500 20,000
Type 41 bituminous wear course TN 18.00 1,200 21,600
AC-l bituminous material for mix TN 140.00 78 10,920
Driveway replacement SY 10.00 100 1,000
Saw cut bituminous LF 2.00 75 150
Remove existing bituminous SY 2.00 75 150
Sod with topsoil SY 2.00 2,000 4,000
Seeding w/topsoil & mulch AC 2,000.00 .5 1.000
Estimated Construction Costs $ 61,820
+5% Contingency 3.090
Total Estimated Construction $ 64,910
+ 15% Legal, Engr., Admin. 9.735
$ 74,645
+5% Bonding and Capital Interest 3.735
TOTAL PROJECT COST $ 78,380
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17128.Rep
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Health One Transportation Services
167 Grand Avenue
51. Paul, Minnesota 55102-2398
612 222-3728
Health On~~
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June 4, 1992
Dale Masuga
Fire Chief, Andover Fire
1685 NW Crosstown Blvd.
Andover, MN. 55304
Dear Dale:
On the morning of June 3rd, your department responded to a two
car personal injury accident at 165th and County 9 involving six
young people. I was informed by paramedics Steve Taylor and Pat
Taylor, that the accident scene went very smoothly, largely due
to your firefighters. The paramedics indicated that the
extrication was performed rapidly and any equipment they needed
was immediately retrieved for them. Please convey our thanks and
appreciation to your crews for a job well done.
Sincerely,
7l7~
Mark Allen
Manager Anoka/Champlin
MA/ma
c: Steve Taylor
Pat Taylor
File
ANDOVER FIRE DEPARTMENT
OFFICER'S MEETING
6/23/92
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Attending: J. Pierson, P. Gengler, R. Sowada, M. Neuschwander, M.
Schilling, K. Starr
Discussed Current and future Staff Resource needs.
Detenained current Personnel committee is to be disbanded.
MOTION: The personnel cOlllllittee is to be disbanded illlllediately, until
job description and duty to be finalized and approved by the Chief.
Motion made by M. Schilling, Second by P. Gengler.
Officers voted unanimously to accept motion.
MOTION: Start a new committee called Staff Resource Committee to
fulfill job description and guidelines set forth by officer's group.
Motion made by M. Neuschwander, Second by P. Gengler.
Officers voted unanimously to accept motion.
The Officer's group developed the job description for the Staff Resource
Committee Chairperson.
MOTION: The job description for Staff Resource Commnttee Chairperson to
be accepted and implemented pending Fire Chief's approval.
Motion made by M. Schilling, Second by M. Neuschwander
Officers voted unanimously to accept motion.
Officer's group discussed Training Officer position description.
MOTION: Accept job description for training officer with changes noted.
Motion made by M. Neuschwander, second by R. Sawada
Officers voted unanimously to accept motion.
ME'ErING 7 - 7- 9 ~
AGENDA ITEM # /
-~. E C Ei V'E-
~ ,u L 0 6 1991 U
TO: JAMES E. SCHRANTZ
ANDOVER CITY HALL
"
FROM: PAUL J DENNIE
4020160 TH. LN, N.W.
ANDOVER, MN 55304
--
CITY OF ANDOVER
THIS IS TO INFORM THE CITY OF ANDOVER THAT MY VOTE IS "NO" ON THE
PROPOSAL TO PAVE THE STREETS IN FOX MEADOWS. - PROJECT 92-14
I MUST ALSO STATE MY DISSATISFACTION WITH THE COMPETENCY OF THE STAFF
THAT PROCESSED THE" REQUEST FOR QUOTE". IT WAS ONLY TO BE A QUOTE,
SO WE COULD THEN DECIDE IF WE WOULD ASK FOR A PETITION TO PAVE THE
STREETS. INSTEAD YOU TRIED TO TURN IT INTO A PAVING PROJECT. MAYBE
IT WAS JUST A OVER SIGHT, IF NOT I QUESTION IF THESE PEOPLE SHOULD BE
WORKING FOR THE RESIDENTS OF ANDOVER.
DATED 7/6/92
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Tom & Peg ace!
15800 Dakotah St NW
Andover, Mn 55304
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6/29/92
James E. Schrantz
City Engineer/Public Works Director
1685 Crosstown Boulevard NW
Andover, Mn 55304
CITY OF ANDOVER
Dear James E. Schrantz,
We will be unable to attend the meeting on July 7th, 1992 at 7:30PM
concerning the Improvement Project 92-14.
We have signed a petition, authorizing a "NO" vote on our behalves.
This letter is just to confIrm that vote. We do not want Street
Construction to take place in the following described area:
Fox Meadows Area located in Section
18-32-24, Anoka County, Minnesota
Please enter our two "NO" votes on your records.
Thank you,
- /~ud
:ip~cl
Dated:
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
MEMORANDUM
TO:
COPIES TO:
FROM:
DATE:
REFERENCE:
Jim, Frank, David, Dave, Vicki, Dale and Rhonda
Mayor and city Councilmembers
Howard
July 6, 1992
Budqet Information and Forms
INTRODUCTION
The time has come to begin the process of budgeting for 1993.
Under current state truth in taxation laws, the City is required
to adopt a proposed budget and certify a preliminary tax levy to
the county auditor prior to September 15th. In order to comply
with these laws, the budget process needs to begin now. For your
information, the following is the calendar which I hope to follow
during the budget process:
DATE
DESCRIPTION
July 6, 1992
Budget forms distributed to
department heads and staff.
July 9-14, 1992
Revenue projections are completed
by the Finance Director.
July 17, 1992
Budget forms due to Finance
Department.
Budget forms reviewed for content
and accuracy and any additional
information is obtained.
July 20-24, 1992
August 4, 1992
preliminary budget is distributed
to City Council and staff.
August 4, 1992
thru Sept. 8, 1992
Council discussion of budget and
tax levy.
City Council passes budget and
tax levy resolutions.
On or before
September 15, 1992
OUTLOOK FOR 1993
Unlike past years, the city is not subject to limits on its tax
levy. However, keep in mind the tax levy must be approved by the
City Council and then advertised as well as mailed to the
taxpayers. Therefore, the City Council will desire to keep any
increases to a minimum.
Further complicating the budget process is the projected lack of
increases in other local revenue sources. Court fines, interest
earnings, transfers from other funds and licenses and permits are
expected to remain at 1992 levels if not decrease slightly. In
addition, the implementation of sales tax on City purchases will
have an adverse effect on the 1993 budget.
Based on the above information, I am asking each department head
to carefully review each item and limit increases.
INSTRUCTIONS
Attached to this memo you will find a computer printout of
information for the past several years. Please note that the
1992 data is thru June 30th. The payroll data for public
works does not include the proposed increase that will occur once
the union contract is signed.
When reviewing the printouts please note that the following 1992
budget adjustments are not included in the printouts. They will
be approved by the City Council in the near future:
1. Insurance budget for 1992 within each department will
be adjusted to more closely resemble 1992 insurance
amounts.
2. Protective Inspection budget will be amended to include
the estimated costs for the contracted inspector.
3. Fire department budget will be amended for the
purchasing of air packs as approved by City Council.
4. Street and Highways rentals, salaries and
sealcoatingjcrack sealing will be amended to reflect
the City Council taken in May.
Also attached you will find copies of budget forms *1 and *4 thru
*7 depending on which forms were needed in the past. Budget
forms *2 and *3 relate to personnel costs and will be completed
once the effects of a planned salary plan are known. Money will
be included elsewhere in the budget to fund salary increases.
The forms are similar to last year and are explained briefly
below:
to
n.
Bud~et Form #4 - Current Ex~enditure Budget - This form is
des~gned to document each l~ne item in current expenditures other
than dues and conferences which are done on separate forms. The
Expenditure Code should be the object code which shows on the
computer printout. The amount should be the you are requesting.
The description should be the same as the description on the
computer printout. The justification column is where you explain
what the amount is for, how you arrived at the amount and what
factors effect the amount. EACH ITEM MUST INCLUDE A
JUSTIFICATION. FAILURE TO JUSTIFY EACH LINE WILL RESULT IN THE
FORM BEING RETURNED TO YOU OR AMOUNTS AMENDED BY THE FINANCE
DIRECTOR BASED ON PAST TRENDS.
Bud et Form #5 - Membershi s and Dues - This form outlines those
organ~zat~ons w ~c emp oyees w~ e Jo~n~ng. Careful
preparation of this form will diminish problems with memberships
and give the City a mechanism to determine if it is properly
represented in the various organizations. The form should list
all organizations which employees will be joining, which employee
or employees will be joining, the dues and when they are payable
if known.
Budget Form #6 - Conferences and Meetings - This form outlines
the conferences and meetings employees will be attending. This
should include any monthly meetings organizations hold, annual
conferences, educational seminars etc.
Budget Form #7 - Capital Outlay Budget - This form will aid you
in preparing the capital outlay requests for your department. If
your intention is to finance the equipment through the general
fund and hence, tax revenue, this form must be filled out.
Failure to do so, will result in the purchase needing council
approval. If you intend to finance it outside the general fund,
you should still complete the form in order for the Finance
Department to be aware of the purchase. Also include how the
acquisition will be financed.
Please let
questions.
about 1992
me know if you need additional forms or have any
Also, please let me know if you need more information
expenditures. '
In addition to completing these forms, it would be helpful if you
could include a short description of potential revenue items
related to your department (such as Building Permit revenue,
Grants, and other revenue sources). This will help in setting
the revenue budget and finalizing the expenditure budgets. In
order to meet the timeline on page 1, please submit the revenue
items as soon as possible.
CONCLUSION
The budget process the past two years has been difficult due to
decreasing funds available. The 1993 budget should be slightly
easier, however I still challenge each of you to carefully
review each item. Hopefully with everyone's help, the process
will go smoothly.
If you would like help or additional information from me, please
let me know.
LAW OFI'ICES OF
JJurke nnd Jlnwkins
JOHN M, BURKE
WILL/AM G. HAWl<INS
June 30, 1992
Mayor and Members of City Council
Andover City Hall
1685 Crosstown Blvd.
Andover, MN 55304
SUITE 101
299 COON RAPIDS BOULEVARD
COON RAPIDS. MINNESOTA !5!5433
PHONE U5121 784-2998
Re: Recommendation for Issuance of $4,800,000 of General
Obligation Temporary Improvement Bonds, Series 1992A
Dear Mayor and Council Members:
We have been advised by Howard Koolick that the City needs to
undertake funding of a number of improvement projects which have
been or are presently being constructed. Based upon the infor-
mation that we have received the amount to be financed for the
completed projects includes all overhead. The uncompleted
projects amounts are based upon an engineer's construction cost
estimate or actual bids plus 27% to cover expenses and overhead.
The projects are following:
proiect Description
90-2
90-5
90-6
90-14
90-25
91-2
91-4
91-10
90-17
91-25
91-27
92-2 &
92-2A
Completed proiects
164th Ave., 163rd Lane and Jonquil
Streets
Hidden Creek East Third
1950 Bunker Lake Blvd.
Cedar Hills and Cedar Crest Streets
Metro Mosquito Control
Creekview Crossing
Hills of Bunker Lake 4th
159th Lane, Swallow and Quinn Streets
Uncompleted proiects
Boundary Commission
Hidden Creek East 4th
Meadows of Round Lake
Weybridge
$ 46,122
31,854
83,354
48,464
7,634
194,740
271,457
89,056
$ 34,000
l05,535
l,137,666
535,940
Mayor and Council Members
June 30, 1992
Page 2
92-3
92-4
92-10
92-15
Pinewood Estates
Winslow Hills 2nd
Pheasant Meadows
Hidden Creek East 5th
775,676
670,852
234,084
317.796
$ 4,584,230
72,000
143.770
$ 4,800,000
Total Project Costs plus Overhead
Plus:
Discount
Capitalized Interest
TOTAL
Under the City of Andover Public Improvement Financing Policy
adopted by the City Council, public improvements for new sub-
divisions and undeveloped areas provide that the developer shall
deposit with the City a cash escrow or letter of credit of not
less than 15% of the estimated project costs as determined by
the engineer. Pursuant to this policy, all assessments are
levied in equal installments over a period of ten years. The
policy further provides that assessments shall be paid in full
within thirty (30) days following the issuance of a certificate
of occupancy. Since Andover continues to experience a rapid
residential development, it is likely that a substantial portion
of the assessments which will be levied for these projects will
be prepaid. In the past when the City has financed projects
which may result in rapid special assessment repayment we have
chosen to issue temporary improvement bonds to finance the
construction costs. The reason for such financing method is
that the average interest costs on the temporary bond issue will
be substantially less than on a permanent bond issue. Upon the
maturity of the bonds in three years, the City will have a
better idea of the prepayments and will be in an improved
position to determine the capital needs to finance these
improvements. At that time the City would have the following
three options:
1. To pay the entire bond issue from the collected assess-
ments and any additional excess funds the City may have on
hand.
2. If the areas served by these improvements continues to
develop rapidly with substantial prepayment of the
remaining assessments, the City may sell a second three
year temporary bond issue.
3. The City may issue permanent long term financing to cover
the costs of funding the temporary obligations.
Mayor and Council Members
June 30, 1992
Page 3
These decisions can be made at the time of the maturity of the
temporary improvement bonds. We feel, however, that provision
should be included in the temporary bonds that allows the City
to call the bonds at the end of the first two years. We believe
this will provide additional flexibility in timing the refunding
of the temporary obligations to correspond with changes in
market conditions as they relate to interest rates.
The major disadvantage to temporary bonds is that the City may
be required to refinance bonds in a bond market whose condition
cannot be ascertained at this time. We believe, however, that
the call feature set out does provide sufficient flexibility to
deal with any substantial upswing in interest rates.
A second problem that arises is the determination as to the
interest rate to charge on the assessments prior to the issuance
of permanent financing. Normally the City assesses at approxi-
mately one (1%) percent above the rate on the bonds. However,
if the City is required to issue permanent financing after the
maturity of the temporary bonds, this bond issue will not have
been sold at the time of levying the assessments. Therefore,
the City will have to make the judgment as to what interest rate
to charge on the unpaid assessments. We believe that the City
should charge interest on the unpaid assessments at a rate
sufficient to cover any potential increase in long term rates.
If, for some reason, the rates were substantially higher at the
time of issuance of the permanent financing and your interest
rates on the assessments was less than the finance rate, it
would be necessary for the City to either fund the shortfall out
of excess proceeds in other funds or to hold a supplemental
assessment hearing to increase the rate. The City should be
aware of the potential adverse reaction of such rate increase.
This would be minimized, however, by the fact that most of the
unpaid assessments which would require a rate increase would be
against lots which are currently held by the developers of the
property.
Our recommendation for the financing is based upon the assump-
tion that either all of the projects which need to be financed
will be assessed no later than 1992, with collections of assess-
m~nts commencing in 1993 or the City will internally bill
developers with collections in 1993. Since the City will not
receive its first tax settlement until the summer of 1993 for
assessments levied in 1992, it will be necessary to include a
provision for additional bond funds to pay interest that will be
due on the bonds in February of 1993. Accordingly, we have
included an estimated $144,000.00 of capitalized interest to
make such payment. We have also made provisions for a discount
of $72,000.00. This discount is the amount of money that is
allowed to the underwriters of the bond issue for their "profit"
Mayor and Council Members
June 30, 1992
Page 4
in marketing the bonds following their sale. The maximum
discount that could be allowed would be approximately
$ 9 5,000.00, however, we feel that market condi tions are such
that a reduction in the allowance for discount is appropriate.
The bonds would be dated August 1, 1992 and the first interest
payment would be due on February 1, 1993. The interest would be
due thereafter on August 1st and February 1st of each year until
August 1, 1995 when the entire temporary bond issue would mature
and must be refinanced or paid in full, unless called earlier as
set out above.
The City is currently rated Baa-1 by Moody's and we do not
anticipate an improvement in the rating. We recommend that the
City obtain another rating from Moody's Investors Services for
this bond issue since it will be necessary for its marketing.
We are recommending that the City authorize the taking of bids
at their meeting on July 7, 1992 and that bids be considered for
award on Tuesday, August 4, 1992 at 7:30 p.m. at the Andover
City Hall. If the award of the bid is made on August 4, 1992,
funds should be available within two to three weeks thereafter.
If any members of the Council have any questions regarding this
matter, please feel free to contact me.
G. Hawkins
WGH:mk