Loading...
HomeMy WebLinkAboutCC November 6, 1990 of/tC/~1 o <1 c /Ct;t- f -, ,.j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -90 A RESOLUTION APPROVING THE VARIANCE REQUEST OF CESERINA SCARDIGLI FOR THE CONSTRUCTION OF AN ACCESSORY STRUCTURE ENCROACHING TWENTY- ONE (21') FEET INTO THE FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 444 NW 177TH AVENUE (CO. RD. 58) (PIN 1-32-24-31-003). WHEREAS, Ceserina scardigli has requested a variance to allow for the construction of an accessory structure encroaching twenty-one (21') feet into the front yard setback; and WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No.8, Section 5.04 in that a hardship does not exist because of the unique shape or topography of the property which would preclude the property owner reasonable use of her property; and WHEREAS, the Planning and zoning Commission finds that the request does not meet the established setback requirements specified in Ordinance No.8, Sections 4.05, 4.15 and 6.02; and WHEREAS, the Planning and zoning Commission recommends to the City Council denial of the variance request as it does not meet the criteria as set out above; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby disagrees with the recommendation of the Planning & zoning Commission and finds that a hardship exists based on the following: 1. To be ee tc [mined by Counc4-l-. Prd'NI 'At 'if!""^- <"fJP'/IC.<'~+ LuC-<l ,nc,"L...,J;; ..,/..,,,t... c<<v....c{ v-e;>I"-"'*-"'.(' frees ,", BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby approves the request of Ceserina Scardigli to construct an accessory structure encroaching twenty-one (21) feet into the front yard .setback. ... .. Adopted by the City Council of the city of Andover this 6th day of November, 1990. CITY OF ANDOVER James E. Elling, Mayor ATTEST: \ ,...J V1ctoria Volk, C1ty Clerk oll/CI~J fJ"cKdL ,~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -90 A RESOLUTION RESCINDING RESOLUTION NO. R148-90 DENYING THE REQUEST OF CESERINA SCARDIGLI FOR THE CONSTRUCTION OF AN ACCESSORY STRUCTURE ENCROACHING TWENTY-ONE (21') FEET INTO THE FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 444 NW 177TH AVENUE (CO. RD. 58) (PIN 1-32-24-31-003). WHEREAS, the City Council has requested reconsideration of the item. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover rescinds Resolution No. R148-90. Adopted by the City Council of the City of Andover this 6th day of November, 1990. CITY OF ANDOVER James E. Elling, Mayor ATTEST: Victoria Volk, city Clerk , ) -' DATE: November 6, 1990 , \ ~J ITEMS GIVEN TO THE CITY COUNCIL "What's Happening" Regular City Council Minutes - October 16, 1990 Letter from Timothy Kelly, Coon Creek watershed - October 18, 1990 Planning and zoning Commission Minutes - October 9, 1990 Planning and zoning Commission Minutes October 23, 1990 Comprehensive Plan Task Force Minutes - October 25, 1990 Park and Recreation Commission Minutes - october 18, 1990 Andover Boundary Commission Minutes - October 23, 1990 Ordinance 79A Ordinance 23C Memo from Terry O'Connell, Quad Cities Cable Comm. - 10/22/09 ; / PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. '\ '-/ .' I **************************************************************** ~<<************************************************************~* << ** <<<< *'" <<<< ** <<<< ** <<<< ** <<<< ** :: __~WHAT'S_..__HAPPENING7_ :: <<<< ** <<<< ",* <<<< *'" <<<< ",,,, <<<< ",* <<<< ** <<<< ",'" :: November 6, 1990 111Y :: <<<< {\ ",,,, <<<< ",'" <<<< ",,,, <<<< ",,,, <<<< ",'" :: - Jim Schrantz was released from the hospital and :: <<<< is now recuperating at home. ",'" <<<< ",'" <<<< ",,,, :: - The City Council Meeting (11/6/90) will begin at :: <<<< 8 : 01 p. m. ",'" <<<< ",'" <<<< ",'" <<<< - A Special City Council Meeting is scheduled for ",* :<< h d 11 8 90 ",,,, <<<< T urs ay, / / at 7:00 p.m. ",,,, <<<< " .",'" <<<< *~ <<<< ",'" <<<< ",* <<<< ",* <<<< ",'" <<<< ** <<<< ",* <<<< ",'" <<<< ",'" <<<< ",* <<<< ",'" <<~ ",'" <<<< ",,,, <<~ ",,,, <<<< ",* <<~ ",'" ~ ~ <<<< ",,,, <<~ ",,,, <<~ ",'" <<~ *'" <<~ ",* ~~ *'" ~~ ",,,, ~~ ",,,, <<~ ",'" <<~ ",'" <<<< ",'" <<<< ",,,, <<<< ",,,, ~ ~ ~ ~ <<<< ",,,, <<<< " ",,,, ~ ",'" <<~ ,j' ",,,, <<~ ",,,, <<<< ",,,, <<<< ",'" <<<< ",,,, <<<< ",,,, <<<< ",'" <<<< ",,,, <<<< ",,,, <<<< ",'" <<<< ",,,, <<<< ",'" <<<< ",,,, <<<< ",'" <<<< '" <<~*************************************************************"'", ................................................................ ~~~I\ _.-r:t )< "Q'Q /,. . COON CREEK WATERS fgrJ~IIST'RtC-;f. ~ '. ~ Bunker Hills Activities Center i~~P "::'::'~.!;:' f! \J t;'l ! ' 1m 550 NW Bunker Lake Blvd. :1 \'1 . ,('. 2 ";''''-'--lll. " . Anoka Minnesota 55304 ,'.. "', 2 990 R': , '10 C.L. /11 !rIa I' lie /{,.'1 .. October Jim Schrantz, City Manager City of Andover 1685 NW Crosstown Bld Andover, Minnesota 55403 ~N i/Zojl/tl /l;'eN'O.4- -rr", /:'tu'f' .ot. f.S<"3o 6#rvh1 ",n.u. Be- Pt-T 7l1<:i" hJi:2-77.v5. RE: Proposed Legislation Relating to Funding Maintenance and Repair within the Coon Creek Watershed District Dear Mr. Schrantz, At the September 24, 1990 Board of Managers meeting, the Board discussed establishing a Water Maintenance and Repair Fund. Establishing such a fund requires special legislation. Currently three watershed districts have this authority (Ramsey-Washington Metro, Rice Creek, and Minnehaha Creek). The existing authority provides for an ad valorem levy of $15,000 annually for "any maintenance, repair, restoration, upkeep, and rehabilitation of any public ditch, drain, dams, sewer, river, stream, watercourse, or waterbody, natural or artificial, lying wholly or partly within the District" (Laws of Minnesota 1974, Chapter 187). The Coon Creek Watershed District is asking for the authority for an ad valorem levy of $30,000 annually. This is the approximate present value of $15,000 in 1974. The principle benefit of the fund is avoidance of the special ditch assessment process and viewing process which the District has used in the past. Processes that are not well suited for urbanizing areas. The District is asking for a resolution or letter of support from the City of Andover in purftuing this legislative authority. Staff from each of the Cities was involved in reviewing the District's 1991 budget and plan, and at that time provided input into this legislative proposal. Too date, the responses to this proposal have been favorable. \ ,..J ,. o \ "~ ~ J. Schrantz; page 2 We appreciate the city's support on this matter. If there are any questions or concerns that either the councilor the city staff have on this proposal, please do not hesitate to call. - cc: B. Boyum R. Hemmes File 90-1-9-8 / j o 10 c,C. Iii'! () , CITIES CABLE COMMUNICATIONS COMMISSION MEMORANDUM "Rf," l:::-' -~,,' ','-,a,', -;,~ r;-D: , ! tl:. ~"'~ :",<;: '1 ~. , ., JC~-2 ;;~;l , /- TO: ~Schrantz, City of Andover Mark Nagel. City of Anoka Kurt Ulrich, City of Champlin Dave Hartley, City of Ramsey CITY OF ANDOVER DATE: October 22, 1990 FROM: Terry O'Connell RE: 1991 Cable Commission Budget Enclosed please find the 1991 operating budgets for both the Cable TV Commission and the community programming entity, QCTV-33, These budgets were approved by the Commission at their meeting of October 18th. The Joint Powers Agreement, entered into by each member city, does not require approval action by the member city councils. The budget information should be placed on an upcoming council agenda for review. If the budget is not sent back to the Commission with specific directions for adjustment, it will be considered accepted. If you or any member of the city councils have any questions regarding the budget matters, please call me at 427-1411 to discuss in detail. Thank you. / '\ oJ -~[I) (c~i~11 C~[J)lLlI C~[pJ[f'J~II~I[IJ '-) ESTIMATED RECEIPTS FROM CABLE COMPANY 1. ESTIMATED BEGINNING BALANCE 9.192 2. ESTIMATED FRANCHISE FEES S 128.000 3. ESTIMATED QCTY-33 GRANT 64.000 4. QCTY-33 EQUIPMENT GRANT 7.000 5. 1991 SCHOLARSHIP FUNDS 5.000 TOTAL = ~) EXPENSE CATEGORIES 1. SALARIES 2. BENEFITS 3. CABlECASTING 4. PART-TIME WAGES-GOV'T CHANNEL 5. ADM. MISC. EXPENSES 6. COMMISSION MISC. EXPENSES 7. MilEAGE 8. QCTY-33 INTERN PROGRAM 9. COPYING 10. CONSULTANTS 11. lEGAL 12. M.A.C.LA. 13. N.A. LO.A. 14. OFFICE SUPPLIES 15. OFFICE EQUIPMENT 16. COMMISSION'S PER DIEMS 17. POSTAGE 18. PRINTING 19. PUBLICATIONS 20. RENT 21. TELEPHONE 22. MY EQUIP. PURCHASES 23, MV EQUIP. REPAIR 24. VIDEO TAPE SUPPLY i 25. CONFERENCE PARTICIPATION / 26. LIABILITY INSURANCE ' 27. BONDS 28. BUilDING CLEANING 29. BANK CHARGES 30. FINANCIAL FEES &. CITY ADM. 31. QCTY-33 EQUIPMENT GRANT 32. QCTV-33 OPERATING GRANT TOTAL EXPENSES = $213.192 S 19.232 4.545 4.000 4.000 360 350 1.200 5.000 400 1.000 5.000 200 200 200 1.000 1.800 300 300 100 3.135 800 4.000 1.000 320 4.800 4.000 900 1.500 150 1.400 14.000 128.000 $213.192 \ ..--..J QUAD CITIES CABLE COMMISSION 1991 BUDOET EXPLANATIONS: 1. SALARIES- 1/2 of Administrator's 1991 salary based on a 4X Increase. 2. BENEFITS- 1/2 Administator's benefit package. FICA. PERA. Insurance. etc. 3, CABLECASTING- funds to pay video equip. operators at the city halls. total based on $5/hour. 4. PART-TIME WAGES-GOV'T CHANNELS- funds allocated to foster the on-air look of the dedicated government channels. These funds ~ directly reimbursed to member city. Based on $5.25 per hour. 5. ADMINISTRATOR'S MISC. EXPENSES- expenses incurred by Administator. 6. COMMISSION MISC. EXPESNSES- expenses incurred by members of the Commission 7. MILEAGE- based on .23 cents per mile. 8. QCTV-33 INTERN PROGRAM- Intern program established through use of scholarship funds. 9. COPYING-based on average expense for past 5 years. 10. CONSULTANTS- funds set aside for either a finanacial or a technical audit. 11. LEGAL- based on avenge expense for past 5 years. 12. M.A.C.T.A.- 1991 dues for Minnesota Association of Cable TV Administrators. 13. N.A.T.O.A.- 1991 dues for Nalional Assoclalion of Telecommunications Officers and Advisors (member NLC). 14. OFFICE SUPPLlES-(-13 - -18) are based on average expenses for past 5 years. 15. OFFICE EQUIPMENT- 16. COMMISSION'S PER DIEMS- 17. POSTAGE- 18. PRINTlNT- 19. PUBLICA TlONS- 20. RENT-1/2 of total rent al $5 per sq. fool. (1,254 sq. fL.) 21. TELEPHONE- 1/2 of a 5X increase lo 1990 acluals. 22. AlV EQUIP. PURCHASES- one thousand dollars allocaled per each city hall. 23. A/V EQUIP. REPAIR- bud gel funds based on 1990 acluals. 24. VIDEO TAPE SUPPLY- 8 cases. 25. CONFERENCE PARTlCIPATION- funds allocated for January MACTA conference (Mpls.) and September NA TOA national conference. 26. LIABILITY INSURANCE-quote from agent. 27. BONDS- quote from allent. 28. BUILDING CLEANING- 1/2 of total building cleaning expense. 29. BANK CHARGES- based on services charges from past year. 30. FINANCIAL FEES 8. CITY ADMINISTRATION- fees for quarterly fiscal reporls and $50 per monlh administration charge from the City of Anoka. 31. QCTV-33 EQUIPENT GRANT-programming agreement requires the cable company to annually pay $7.000 Into a equipment fund control by the Commission. the Commission must malch the equlpmenl payment from franchise fees. I 32. QCTV-33 OPERA TlNG GRANT-programming agreement requires the cable company to pay 2.51 of their gross revenue lo the Commission, the Commission mYll match the local programming payment from franchise fees. \ ) ,-) ~"'lP) (CUiUlEl! (C(O)lt1llt1llWOOUiW V[E!UE\?UilU(O)OO ..(Ol(C1r~-I~- ESTIMATED RECEIPTS FOR 1991 1. ESTIMATED BEGINNING BALANCE $ 903 2. COMMISSION OPERATING GRANT 128,000 ( 1/2 OF OPERATING GRANT FROM CABLE COMPANY) 3. TAPE DUBS & MISC. INCOME 4.000 TOTAL ESTIMATED FUNDS $132,903 , ,j OPERATING BUDGET 1. SALARIES 2. BENEFITS 3. OVERTIME 4. PART-TIME WAGES 5. MISC. EXPENSES 6. MILEAGE 7. COMPUTER 8. COMPUTER EXPENSES 9. ADVERTISING/PROMO 10. SHIRTS/JACKETS/HATS 11. COPYING 12. PRINTING 13. OFFICE SUPPLIES 14. POSTAGE 15. PUBLICATIONS 16. LEGAL 17. RENT 18. TElEPHONE 19. MV EQUI P. REPAIR 20. STUDIO SETS 21. CONFERENCE PARTICIPATION 22. VIDEO TAPE SUPPLY 23. VIDEO/AUDIO SUPPLIES 24. FREIGHT 25. BUILDING CLEANING 26. BANK CHARGES TOTAL EXPENSES VIDEO EQUIPMENT FUND BEGINNING BALANCE COMMISSION GRANT (112 EQUIP. GRANT FROM CABLE COMPANY) 1991 MV EQUIPMENT BALANCE 12/31/1991 / = $75,392 16,711 3,500 8,000 400 2,000 3,500 250 2,000 600 400 600 500 300 15 3,500 3,135 800 3,000 1.000 2,500 1,000 2,000 150 1,500 154 $132,903 / -0- $14,000 $14,000 -0- \ 'J acrv - CHANNEl #33 1991 BUDGET EXPLANATIONS: I. SALARIES- 1/2 of Admlnlstato..'s 1991 sala..y based of 30,463; one full time p..oduce../racilatato.. at 10.50/hou..; two full time p..og..am p..oduce..s at 0.25. 2. OENEfITS- total cost fo.. benefit package based on wages paid to employees listed In item .1. 3. OVERTIME- based on an avenge or th..ee QCTV employees othe.. than the Admlnlst..ato.. and calculated at a estimated 10 hou..s pe.. month. 4. PART-TIME WA6ES- funds to pay pa..t-time help, total based on $5/hou... 5. MISC. EXPENSES- runds to cove.. any miscellaneous expenses or QCTV employees. 6. MILEA6E- based on .23 cents pe.. mile. 7. COMPUTER- estimated pu..chase p..lce fo.. a second Macintosh to enhance the p..oductlon capabilities or QCTV-33. O. COMPUTER EXPEHSES- funds fO" any compute.. softwa..e 0.. ..epall'. 9. ADVERTiSIH6/PROMO- funds fO" channel p..omotlon. 10. SHIRTS/JACKETS- p..omotlonal wea.. fo.. QCTV employees on field shoots. 11. COPYIN6- (.11 - .16) a..e fund5 ba5ed on ave..age expen5e5 Incu....ed In '09-'90. 12. PRINTIN6- 13. OffiCE SUPPLlES- 14. POST A6E- IS. PUBLlCATIONS- 16.LE6AL- 17. RENT- 1/2 of total rent at $5 per 5Q. foot. <1,254 5Q. n.) 18. TELEPHOHE- 1/2 of a 51 Increa5e to 1990 acLuals. 19. AlV EQUIP. REPAIR- funds for equIpment ..epalr-studlo, ..emote and playback. 20. STUDIO SETS- estimate to con5t..ucL sets. 21. CONfERENCE PARTICIPA TiOH- fund5 allocaLed to 5end two QCTV employees to the annual NfLCP confe..ence. 22. VIDEO TAPE SUPPLY- funds fo.. 3/4",112" and SVHS tape. 23. VIDEO/AUDIO SUPPLlES- based on 1990 aduals. 24. fREI6HT- based on 1990 actuals. 25. BUILDIN6 CLEANIN6- 112 of total building cleaning expense. 26. BANK CHAR6ES- based on se..vlce cha..ges r..om past yea... / / , '---~} r '\ o "~c;.,.>"'~,."':"~c" :/ "\. I I jl .., -;I ", J "... ." '.... ':( :'~~":':~)-:'-:''Z,j7Y 8:01 P.M. ."j CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Regular city Council Meeting - November 6, 1990 Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Public Hearing/Vacation of EasementjWinslow Hills 2. Genthon Ponds SUP & Floodway Boundary 3. Genthon Ponds preliminary Plat 4. South Coon Creek Drive Sidewalks, Cont. 5. Scardigli Variance 6. Accept Petition for Water &. Sewer/R. Sonsteby 7. Creek ridge Estates Street Lights 8. Rural Density Policy Discussion 9. Ordinance 8 Amendment Staff, Committee, Commission 10. Classification of Fire & Rescue Personnel 11. Joint Powers Agreement/Fiscal Disparities 12. Fire Station #2/Eminent Domain Acquisition 13. Order Survey/Fire Station #2 14. Boundary Commission 15. Joint Powers Agreement/CDBG Funds 16. Fuel Useage Refund Non-Discussion Items 17. Receive Final SAC Report 18. Accept Petition for Water/Metro Mosquito Control 19. Amend Septic System Ordinance 20, Creekside Estates Escrow Refund 21. Award Bid/90-6/1950 Bunker Lake Boulevard 22. Approve CCO/90-5/Hidden Creek East 2nd , . I Approval of Claims Adjournment .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE MQ~em~er &.1~3e AGENDA SECTION NO. Approval of Minutes ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Administration BY: U Un'1, ~\. BY: The City Council is requested to approve the following minutes: October 16, 1990 Regular Meeting '\ ,_/ MOTION BY TO COUNCIL ACTION SECOND BY , "- \ o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT 6 November 1990 BY: d'Arc \Y\ ~J Bosell ~. APPR~r FOR AGENt? Discussion Planning/Zoning ITEM I. Public Hearing NO. Vacation of Easement Gary Gorhamn, developer and builder in Winslow Hills, a pea red before the City Council at their regular meeting on October 16, 1990, to request consideration for vacating a drainage and utility easement between Lots 3 and 4, Block 4, Winslow Hills, to allow for the construction of a home on these two (2) lots. Attached is a survey prepared by Lot Surveys dated October 15, 1990, and revised October 22, 1990, which shows the lots under consideration and the proposed structure location, as well as its relationship to the properties immediately adjacent to these lots. One question raised was whether or not Ordinance No. 10 still contained language which restricted the size of a lot as it related to the remaining lots. That provision of the Ordinance was deleted on April 5, 1983 (10H). Thus, there is no variance required pursuant to Ordinance No. 10. Ordinance No.8, Section 4.08, regulates the vacating of "streets, alleys, easements or public ways" and states therein that "whenever any... easement or public way is vacated by official action, the zoning district abutting the centerline of the said vacated area shall not be affected by such proceeding." The Ordinance is silent, however, as to procedure. The next source then, would be the Statutes and at M.S. 412.851 it sets out the appropriate procedures and considerations (copy of which is attached hereto). This request would be "by petition of a majority of the owners of land abutting on the ... part thereof to be vacated". Gary Gorham owns both lots abutting the area upon which the vacation easement is requested. The vacation shall be in the interest of the public to do so after a hearing preceded by two (2) weeks' published and posted notice. The notice has been published in the Anoka Union on October 19 and 26 respectively, and mailed notice has been completed to adjacent property owners and within 350' of the ro ert in uestion. COUNCIL ACTION . '\ MOTION BY TO SECOND BY '-----",,' -' , , '-~ Page Two In Re: Lots 3 and 4, Block 4, Winslow Hills Vacation of drainage and utility easements 6 November 1990 ;" Upon adoption of a Resolution by the City Council to so vacate said easement, the Clerk shall prepare a notice of completion, etc. as set out in the statute. Based on the request of the property owner and in compliance with M. S. 412.851, the attached Resolution has been prepared for your consideration and adoption. Dave Almgren, Building Official, felt some mention should be made of the fact that they are building across the property line and that in the event this structure were destroyed or moved from the property, reconstruction would have to be based on the setback requirement as set out in Ordinance No.8, Section 6.02 (i.e., ten [10'] foot side yard setback from interior lot lines). I have included a statement in the Resolution which deals with that issue as well. If you have any questions, do not hesitate to contact me. I am at City Hall on Tuesday, wednesday and Thursday. Engineering Comments: The drainage easement is not needed for drainage purposes. The~is an existing street light on the property line between the two lots being combined. Todd called the developer and he indicated that the street light isn't a problem but, if it is or should become a problem we should have an agreement on who would pay if the light is moved., \ ~ J ~.) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. -90 :~ A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS ALONG THE COMMON INTERIOR LOT LINE OF LOTS 3 AND 4, BLOCK 4, WINSLOW HILLS. WHEREAS, Gary Gorham, developer and builder of Winslow Hills, has requested that the drainage and utility easements along the common lot line of Lots 3 and 4, Block 4, Winslow Hills, be vacated, to allow for the construction of a home across said interior lot line, and WHEREAS, the City Council has reviewed this request pursuant to Ordinance No.8, Section 4,08 and has found that the request does not interfere with the public interest to do sor and WHEREAS, pursuant to M. S. 412.851, a public notice has been published and posted at least two (2) weeks' prior to the hearing for this request, and mailed notice to adjacent property owners has been completed, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the drainage and utility easements along the common lot line of Lots 3 and 4, Block 4, Winslow Hills, be vacated. BE IT FURTHER RESOLVED that said vacation allows for the construction of a home across said common lot line between Lots 3 and 4, Block 4, Winslow Hills, and that said vacation sets aside the side yard setback as required by Ordinance No.8, Section 6.02 as applied to said common lot line. AND BE IT FURTHER RESOLVED FURTHER that if said home is destroyed so as to require reconstruction at some future date, said side yard setbacks along the common lot line would apply, unless reconstruction were at the same place and location as originally constructed. AND BE IT FURTHER RESOLVED that said request would be subject to a sunset clause which requires that substantial completion be made within one (1) year from the date of this vacation, or said vacation shall become null and void. Adopted by the City Council of the City of Andover this 6th day of November, 1990. CITY OF ANDOVER ATTEST: James E. Elling, Mayor :_) Victoria Volk, City Clerk .--.-".---- .-'-.. .,...-. ~.- ---..~...-.--.' ---. --.........-..............-_,__--'.'~,.__;_J,.;.....,. r VACATION OF EASEMENTS '- _/ M. S. 462.358 - HOUSING, REDEVELOPMENT, PLANNING, ZONING A boulevard reserve means ... M. S. 412.851 - STATUTORY CITIES (' The Council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths (4/5ths) of all members of the council. No such vacation shall be made unless it apaears in. the interest of the ublic to do so after a hearln rece ed b two ) wee s' u lS e an oste notlce. A ter a reso utlon o vacatlon lS a opte , t e c er s a prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be filed with the county recorder. Any failure to file the notice shall not invalidate any such vacation proceedings. , , ) ., ~ ':;,~ .'~ :J \ ./ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY of ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Andover will hold a public hearing on Tuesday, November 6, 1990, at 8:01 pm or as soon thereafter as the agenda allows, at 1685 NW Crosstown Boulevard, for the purpose of considering the vacation of drainage and utility easements running along the common lot line of Lots 3 and 4, Block 4, Winslow Hills, and to allow for the construction of a home thereon. All proponents and opponents will be heard at such hearing and written responses will also be received. A copy of the request for vacation application and proposed location will be available at Andover City Hall for review prior to said meeting. i~~' Vlctorla Vo , City Clerk Publication dates: October 19, 1990 October 26, 1990 Winslow & Corrine Holasek 1159 NW Andover Blvd. Andover, MN 55304. Robert & Renee Bannister 14971 NW Bluebird street Andover, MN 55304 1"1. & T, Neubert ~ '934 NW Bluebird st: hndover, MN 55304 ' Larry & Judy Fischer 14990 NW Bluebird st. Andover, MN 55304 Delserve 11115 Crooked Lake Bl, :__.--=-_.::_C_~.on Rapids ',..:..~!!. ~5~~3 --- --'- --~ -- -_.~,- ."' --.., ~-,. ., ., . .--.. .--...-,-------..--.- , - -- ------.------..- --- -----------_.'------- ----_. Greg & Donna Veum 14953 NW Crane st. Andover, MN 55304 Art & Diane Dunn 14967 NW Crane st, Andover, MN 55304 R:' "&-. J: palmgreri"""---o--'---~~-'...,~,...'J'~.=&'.S:"H-user-".~~.~.~. 15065 NW Crane St. 15064 NW Bluebird st~ Andover, MN 55304 Andover, MN 55304 - . '\ ,~ ___~ ~..,.._~~:~. ...._"':.__-..-.f!~1.:_..~._ -._-':;~.:.::"'~,;,.~.;,:..":"''':~;; .;.~...:~~~.~,., _ ..-,~, ,........- -- -'". R,& M. Erickson 15017 NW Bluebird st, Andover, MN 55304 James Penberthy 14981 NW Crane st. Andover, MN 55304 ....._ ^ ..~ '_h _, __~A.. . __,_'. - -,... . N. & S. Myhre . 14853 NW Bluebird Andover, MN 55304 st. ..,. '-.' __._h '" - . ~.. \ '-./ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 ,1 ., ,'I .. VACATION OF EASEMENT REQUEST FORM Property Address B~ Sri. IJ cd Legal Description of Property: (Fill in whichever is appropriate): Lot .J ~ I Block;/ Addition tJlAf~~) /4 Plat Parcel PIN (If metes and bounds, attach the complete legal) --------------------------------------------------------------------- Reason for Request C~ ...Jw 0 ~ ~ ~ Ld j~ ~~. '- ~- ' ;/Il/'Ll!J~f (P-dLrv~) 6 ab/;~" U1,f('/07~ t!/27Y:n'n cS kJ6r :3 e. ---i- (/,nJh,i- ~/u; - of 0 I ti/;o:b) Current zoning ;2-~ Name of Applicant - t!,oYh~ /J~s; - ('1 ~ Jd p" d'" hi "0'79; Da te / G) - 11 - 1 0 {!/'Y/!, iC)rh~ Address 3.~3 ( ;v., /5" 5 I 5SU:~{.J; /);-, , H~me phone 8= 1,,;J. d Business Phone Slgnature __ ~ ____ / --------------------------------------------------------------------- Property Owner (Fee owner)" W/l15/~ /;;';/.5 j)r~-e.:2 ';'i. (If different from above) Address .3 P--nl e ~ 5 tLt ft."-t- Home Phone Business phone Signature Date --------------------------------------------------------------------- , J "j \ \....-J ,.J ., " 'J c VACATION OF EASEMENT PAGE 2 The following information shall be submitted prior to review by the City of Andover: Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. vi 2. The names and addresses of all property owners within 350 feet of the subject property. ~1. Application Fee: $150.00 Filing Fee: $ 10.00 Date Paid /077-9D :3b,;J.::n Receipt # -' " . " " __ .._ ",__",~__"",_,_,,,,_".'_"'_'___ ._r.... ."___ ".,_,_ _.~__. .. ._..__ o. _ .~..._. _._. .." ..n ."T"_ ._.__._.....'~.,_.. ".~_....--".~_.,-----_._-~~.... .., --'~'.' -.--..... .. : ,-) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - OCTOBER 16, 1990 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jim Elling on October 16, 1990,7:30 p.m., at at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmembers absent: Also present: Jacobson, Knight, Orttel, Perry None City Attorney, William G. Hawkins; Planning Commission Chairperson, Rebecca Pease; City Planner, David Carlberg; City Finance Director, Holward Koolick; City Zoning Administrator, d/Arcy Bosell; City Administrator, James Schrantz; others RESIDENT FORUM Garv Gorham. 3538 MississippI Drive. Coon Rapids. builder and developer of Winslow Hills - asked for help in expediting a request to construct a house in Winslow Hills across two lots. A client, who is currently an Andover resident, wishes to have a home built on two lots because one lot is not big enough for that large of a home and it would fit into the neighborhood better with wider side yards. ApparentlY the easements on the interior lot line of the two lots need to be vacated and the lots made into one. They would like this done as soon as possible because the buyer needs to be in the home in 120 days. Attorney Hawkins stated the lots cannot be combined because they are platted lots; however, the City can vacate the easements on the interior lot line. A pUblic hearing is required. He also thought the ordinance sets out a maximum lot size in subdivisions, which requires a variance request on lot size to be heard by the P & Z. Staff discussed the maximum lot size requirement, thinking that was eliminated from the ordinance. Ms. Bosell stated she will research that tomorrow morning and let Mr. Gorham know whether or not a variance request is needed. It it is, they will try to get it on next week/s agenda; if it is not, no action is required. Council asked what happens to the extra sewer and water stub for the lot. Attorney Hawkins noted the property owner will be responsible for all the assessments. Dave Almgren, Building Official, stated in other areas they closed off the sewer and water lines below ground at the property line. ,~ The Council generally agreed to the concept and asked that a publiC hearing notice be pUblished and the easement vacation be placed on the November 6 agenda as well as the variance request If one Is needed. " (J ( LOT SURVEYS COMPANY, INC. LAND SURVEYORS INVOICE NO. 28065 F.B.NO. 504-45 SCALE I" 20' 0- DENOTES IRON REGISTERED UNDER LAWS OF STATE OF MINNESOTA 7601. 73rd Avenue North 560-3093 Minneapolis, Minnesota 55428 ~~~ Denotes Proposed Elevation &urutgnrll (Il,rttftratt ,ot9c.e> Dmotes Elcisting Elevation 2-0t'. - ~~"'E:. No 150 II y. "",/0 Type of Building - 4 level Clo"2..1 split walkout 3rd level ~ --- \ 40.00 --- -;-, <jOQ!1 a GClliIAM BUILDERS Denotes Wood Hub Set For Elccavation Chly Dmotes SU'"C. Dramag. ~-1o.c ...:1/E~.&/< ~o _ .-"11'\: ;' 0, i1 -.-41 5-- ...u....4~ . ~ I~L,,,.I..,"l" ~o:;:l< '10"1.4- *t-T '. ~ Ib1e.' ,\ I .S> '3 ~ !!if J) L J ~; I . , ...\ ~ ~ (jl l1\ I II -1 o {.J ~ , 1 t Proposed Top of Block (6}~t""J c; J C? 'l.- Proposed Garage Floor ~o1,7 Proposed Lowest Floor ~ 04, z..... _' I I 1 1 \fI ~ I \0 I \ \ LOy t/ \~ \ \ " . 1 "Q ~I~ ..iI, ...1 ' : I, I,. 'I0IJ1:.p. \ '1\. qc-<.,.e-c, '",,:>5.0 24'6" I \ I ! 'lb..o 1 " I ~- I 7 qc>1.~ I . ~ :...J 8 o CJ , I ;p '10"-.<:> _!:':~ I I I I I '1C1(.,.'"C>f I I <1I\.<1- I 24'\2'>" 901.~ \0 I " '.';) ~ I I 7' '\0 Be. ..1 \Ju.CCf\:eJ. / . '20'/ Propo!'-><'J Pil'l<l.. ...oI!I- J !il .q- ('J \[) \0 --=-- \ 34 .'15 .;.- l \ \ \ \ \0 .\ ~ ~ ~~ \ \ (1'0" ; 'It>~,':; _ ,9a'l.0 . '2:/0.5_ I 0 \ ~ l~a,,".,J~., \ ~ I ~'<o' ~ ~I C~'~.. \ ,~ I ~ A<OP0~-E.O I <1oQ.1 qD<I.~ r- ~EhIDiE:NCE \ I ~ \20" : \ I ~ ,_ -I IS'b' ~ 'If) ~ '10'1,'2" 1-") ,/" lP qc;1.(.. c. "'" ~ t - --- -~,::::::~:..--' N ((,,,'4" 9Cfi.('l, 1\ . 9cA.<] , " IQ ql I~ ~I 1/ 'I o --re>p'I".P. '0 90'1., Qo'3.,.... b~ I ~\f) / \ - g . ~ I/< >. " " ~ \ \ \ \ \ ~c.~~ \!1 'fO'i ~ ~ 11 ' , '-../ V lH'\\~-hl ~ Dcnif>~e .--7" Ea6eme\\-t ~- \30.09 --- \ e;\ec. e.-.. IS ~) Signed Lots 3 and 4, Block 4. wrnSLCW HILLS T.o.a "".'0 .. "';0 '10'"-3 The only easements shown are lrom plats 01 record or Inloonation provided by client. We hereby certify that this Is a true and correct representation 01 a survey 01 the boundarles 01 the above described land and the location 01 all buildings and vis. Ible encroachments, II any, lrom or on said land. ~ Surveyed by us this 15th day 01 O::tober 19 90 Re\l\<;,ed Dc.-ICb8'- Z2nc\ \'1'10 ,- -" '. CITY OF ANDOVER o REQUEST FOR COUNCIL ACTION November 6, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT n'-~ __' TO. Engineering ~ , APPROVED FOR ::\~~ ITEM NQ 2. Genthon Ponds SUP & Fl' Rnl1nn"t rv BY: m~~~ T u~__ A. The City Council is requested to review and approve the amendment to the Floodway maps of Ordinance 50, an ordinance for the management of floodplains in the City of Andover, and the Special Use Permit to allow placement of fill as requested by Roger Hokanson of Hokanson Construction, Inc. for the proposed Genthon Ponds Addition. B. The required information has been shown on the preliminary plat of Genthon Ponds Addition. Section 6.0 of Ordinance 50 discusses the permitted uses and conditional uses. Section 7.0 discusses subdivisions and Section 10.43 discusses procedures for evaluating proposed conditional uses within the General Floodplain District. C. Also enclosed with this item are the factors upon which the recommendation of the Planning and Zoning Commission and the decision of the City Council shall be based (Section 10.45, Ordinance 50). NOTE: All amendments to this ordinance, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map also require prior approval by the Federal Insurance Administration. NOTE: When the floodplain maps were done, the USGS maps were used which have a topography of ten feet. The grading map is in increments of two-foot contours and the 100 year flood is more easily identifiable. The grading plan indicates the areas that are recommended to be included (pink) and the areas that are recommended to be excluded (blue) from the General Floodplain Boundary. COUNCIL ACTION . "- '-.J' MOTION BY TO SECOND BY ',J Page Two November 6, 1990 Genthon Ponds SUP & Floodway Boundary The Planning and zoning Commission has reviewed and discussed the criteria set out in Ordinance 50, Section 10.45. See the minutes from the October 9th meeting. Recommendations - The Andover Review Committee (ARC) reviewed the request and recommends approval for placement of fill in the General Floodplain and amendment to the Floodplain Boundary. - The Planning and zoning Commission approves the Special Use Permit (placement of fill) and amendment of the Floodplain Boundary. :J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~ RES. NO. A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW THE PLACEMENT OF FILL AND TO AMEND THE GENERAL FLOODPLAIN BOUNDARY, ORDINANCE 50 AS REQUESTED BY ROGER HOKANSON OF HOKANSON CONSTRUCTION, INC. GENERALLY LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 32, RANGE 24 AND THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 32, RANGE 24. WHEREAS, pursuant to published and mailed notice the Planning and Zoning Commission has conducted a public hearing and reviewed the request of Roger Hokanson of Hokanson Construction, Inc.; and WHEREAS, the Special Use Permit and amendment of the General Floodplain has been reviewed by the Andover Review Committee; and WHEREAS, that in accordance with Ordinance 50, Section 10.45 and the thirteen criteria there stated, that a review of all thirteen criteria found no negative impacts that would result from approval of the Special Use Permit; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit for Roger Hokanson of Hokanson construction, Inc. contingent upon the following: 1. Certification of the Commissioner of Natural Resources. 2. Certification from the Federal Insurance Administration. 3. A Sunset Clause of twelve months be applied to the Special Use Permit. Adopted by the City Council of the City of Andover this day of 1990. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk ~ '(- o ( I',. i c, j~O~ '( ;'t. ,. - :.J to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (3) Based upon the technical evaluation of the designated engineer or expert, the Planning and Zoning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use i~ relation to the flood hazard. . ...... ~ -- ~J ".__:~ ~~,5 ~,~c_t~E~:t!POI}-::Jll1~.!l;'~h~~J:t~.so~7~~a tion~,of~th~- - 'PlannJ.ng .,and:;~oning:.Comnu.ssJ.onand the .declsJ.on 'of :,the City 1 counCil 'shall : be'-'Base"d;"'-1In"'passing' upon Conditional Use Applic'ations ~-'the' Ci ty Co'uncil shall consider all relevant factors specified in other sections of this Ordinance, and .tf- (1) The danger of life and property due to increased flood heights or velocities caused by encroachments. (2) The danger 'that materials may be swept onto other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (5) The importance of the services provided by the proposed facility to the community. (6) The requir'ements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the p~oposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles. (11) The ext~~ted heights, velocity, duration, rate or rise, and sediment transport of the flood waters expected at the site. '(12) Such other .factors which are relevant to the purposes ',of this ,Ordinance. _.- . (13) Submission and favorable review by the ~~ ~ watershed Board. Page 14 / (0 , \ '-..-J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT Property Address 17] '7 0 t//1/V'f'/'f,.,ty4~-e / Legal Description of Property: 5'f..J.; t7r S'f./.:/ (IT )-<>C7,'0,", / (Fill in whichever is apporpria te): T4.-/VJ./J'.d 121 /<--""ft' ~ Y '/ Lot Block Addition plat Parcel PIN I-J::z--..::z-&-$IY-dOO/ (If metes and bounds, attach the complete lega ) ********************************************************************* Reason for Request r t7 pJ t-.' !..{,'..t (t7'7J"Tr~(" 1-"0/1 ~ / (/ t:? ......./ -f' "?"- /' t:lT~' /~/,!"C , T~p/p'4/,., " Section of Ordinance Current Zoning ********************************************************************* Address ./f t) l' 'f/"' ;h.A d'''1 J 0/7 ' ./ f / 7 r I..r~'7r/ Name of Applicant Sr.. , jJ~/'" (> ..s-~Y'.Jr ~..., ".:-'~. 7 r/-] /..7 0 :::', <:;,~:,:,:- Date / r / /r 7? cJ'~, , , i .' I ....._ _.. ..-:' ** ********* * *.~~u*** * *.uu**** u****u**~****,~,~*i~~i~:;~~.,<o' ~C~~;:~t;"o~~'er (Fee owner':' j?"A; T '/-~~'~'I-):'~~'- ,<'~~:;-J:E::~~:.:'" (If different from above) Home Phone Phone Signature Address tift -re , C e" frtl I ~/cf Home Phone sign~ture ~ Business Phone Date ********************************************************************* ( r CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 · (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Andover Planning & zoning Commission will hold a public hearing on Tuesday, October 9, 1990, at 7:30 pm or as soon thereafter as the agenda allows, at 1685 NW Crosstown Boulevard, for the purpose of considering the Special Use Permit request of Hokanson Development to construct a road and do grading and filling within the 100-year Floodplain on the property described as: The SE 1/4 of the SE 1/4 of Section 1, Township 32, Range 24, Anoka County, Minnesota (generally located in the vici~ity of 17370 NW University Avenue). -...... All proponents and opponents will be heard at such hearing and written responses will also be received. A copy of the application and proposed location will be available at Andover City Hall for review prior to said meeting. ~.id Victoria Volk, City Clerk publication dates: september 28, 1990 October 5, 1990 / " , / , /1 :_) 'Henry stromgren 600 NE Crosstown Blvd. Ham Lake, MN 55304 \arence Alsaker '-.JJohn O'Neil 901 Summer place Mpls., MN 55413, Robert Dziuk 17427 NW Flintwood st. Andover, MN 55304 Robert Nault 244 NW 173rd Avenue Andover, MN 55304 Sand Creek Corp. 5311 NE Central Ave. Fridley, MN 55432 , ') '../ Carolyyn Bolander 99 NW Crosstown Boulevard Andover, MN 55304 RaltJh Pearson 2201 NW 198th Avenue Cedar, MN 55011 David Haupert 17379 NW Flintwood st. Andover, MN 55304 Gayle Bialke %Douglas Asfaly 17304 NW Flintwood st. Andover, MN 55304 City of Ham Lake 15544 NE Central Ave. Ham Lake, MN 55304 / ' , / ..II David Hoium 12 NW 177th Avenue Andover, MN 55304 Gary Bialke 641 NE 90th Lane Blaine, MN 55434 Charles Reich 4309 Nokomis Ave. Mplss., MN 55405 Raymond Hall P. O. Box 20457 Bloomington, MN 55420 .......... ~-J KEN GUST ENTERPRISES 8590 QUARLES ROAD MAPLE GROVE, MN 55369 september 25, 1990 TO: Whom it may concern FROM: Ken Gust, Engineer SUBJECT: Genthon Ponds-Storm Runoff Analysis. This analysis includes a general description of offsite conditions besides the plat runoff and storm water storage. 1. D.N.R. wetland No. 399W (NE. portion of plat). This runoff storage area includes approximately 20 Acres of the proposed plat. Since more that 50 \ of the drainage area is marshland (on and off the plat) the boundary elevation of 903 feet, N.G.V.D. is determined to be the high water. 2. The storage area west intersection receives A c res 0 f f sit e ) . of the l73rd Lane and Butternut Street runoff from approximately 20 ~cres (5 " RUNOFF FROM Q = CIA=.3 * .5 * 20 Acres = 3 Ac. Ft. E 1 e v . 901.50 fee t N . G . V . D . 1929 Area = o . 0 A c . 1.5 Acre feet. E lev. 902.50 feet N . G . V . D . 1929 Area = 3 . 0 Ac. 1.5 Acre Feet. E lev . 903 .00 feet N . G . V . D . 1929 Area = 3.0 A c . Total storage Needed = 3.0 Ac. Ft. At Elevation 903.0 N.G.V.D. 1929. Based on Quadrangle sheet analysis, both storage areas appear to drain overland toward Ward Lake,With Elevation 895.0 N.G.V.D. 1929~ ~ ~ :t4t Kenneth J " _Gus. No. 9 6 3 1 i- il Ii } ') '.~ ! . ,-TREES I I I I :; ; : : :: ~ ,I - i ~,I I. ~ I I I I : I I i ii i I i S I i :: ! ~, ,,' .... ,"....' .. ; .. - ..' ." ~J . ! 1 ! ~ ~ . I :; i.~ I i J I I I I:;::~III i I I'j !';,; .\ I' f' . r I. ".) -to <,"~')os~ "-''','''' '1! i . -;-. _ ..,-rS.-..1 \.- - n j~':' ...--....;)..? I~ I: .f.o . I~ ,..L. ~ ~ _ .J._~)... "..Jc,1" i M~A, 0 r~ ,T -.11"<0: '""-~"" -?"; J -,' ~~,-';;;; ;.\ ~ ( --. ?..L"''/"/ . ~ . ~\'_j ... ^lj: I \. ""(~ ......"'- /'+ \- ( , ..,,-;-. -..~ ,I..... 'to .<,;;>, I . . \_) ,?... \. .. ..." I I ,. - " V I::. ".~, .. . J-.~ ~ - I- ./-r!. i " -tl-....u J" : i I lJ,. I I't', \,1<.. ~ i ./1 ~_) ~/ ,,"I ~~)I r ~T-}d....;I'.- J : _Mt!II _ ,_ "I f" I 'I .;.,. t'" ~, -,~ : (." ~ (~ !A .T '1,.." - " I L;.1! , "/,'" " I " I 1.. -,.l,-:;; ____ -N - ,? : ~~-4\ .... !lr _~~:'\ 7~ 7 ',< !;':"f [y"tJ x_ ~;i,' WARD \ ~ ~ "" \'~'" chr _ ~ ! I, J i I'i; _ LAKE : _... I- ~ i t/. ~ ~ . " ! "~. ,,) \l.~ ...~'~ --c:. t ( . : 'II ""\ ~/-1-..:) '\./' "1'1 ~ I ;, I' I I ~. -r y - R-I 'I, ~ I~ ~...: ", __ 1 I., ~:_ \. ~ J../ .. ~ ~ -{ 1:1 ' I /r\. :,.... - X/ 'r".....~ I';! I..... (~j ~ r '101 ,:II '-'r\ "'.........],/ ., . 'e. 'I ,'< /~::::= \. !li l 'I ~.. l'#' ,~.~. ("I 'I:;! c.[- f '..z.. "I '<' ., : ~ 01 I!I, 0 ..I --17 : i ~ . Ii'! ~" -::.~ I -'0 ~?,t~ . ~.'!~ ,!~. ---------n--(~~;,-:ce'~~---: __. t;,.~_~ I .,.,.M ".LV..! ~ '.-~j.p...... -'J 1~1; - -i)/ '1-/r-, .l-M'\: -, ., .<: ~, \ 'I -,'----~l ~ I i r- I ~ · ~ ./) I --'~.---.----~ i : I ... i l" ; ,.~( >'_~__t~ c!~V (~---{-__ ~ I : i __ ~~J ':~~ !,I~ :, ~-----t~,_-_',-L I! ill~: , ,....,,4,,1 \ h Ii ,I l=1~ I ~ n: l~'----__-f!,: =-J ~ ~ _ ~ f1-J I, !'~ ,J...:::-J I. I ! . . I . . .. ..,. ... - .,."oM. _ ......-.- ......-- - I7T1M __ _ "'"" --- ~ r7'S1M .-c. - I'M,", ML" .... -- - 17'lM) JIl"(. ... mST MC. 1M mmo __ _ ..,. .w. .. ...". .we. .. IOTTM __ .. ..... -- - .."" .we. .. ...... --- .". .we. ... .NO ao<<. IIN' , '1 '_J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Novemh~r fi lqqn ITEM 3. preliminary plat/ NQ Genthon Ponds Addition ~ APPROVED FOR AGENDA ~\. BY: AGENDA SECTION NO. ORIGINATING DEPARTMENT Engineering BY: Todd J. Haas The city Council is requested to review and approve the preliminary plat per Ordinances 8 and 10 as requested by Roger Hokanson of Hokanson Construction, Inc. The Andover Review Committee (ARC) has reviewed the preliminary plat. Their comments are as follows: General Comments * The proposed preliminary plat is currently zoned R-1, Single Family Rural, minimum lot size of 2.5 acres. * The proposed subdivision consists of 12 single family rural residential lots. * The developer is required to meet the Standard Specifications for a Rural Residential Street Construction. Prior to any construction, the plan and profile along with the specifications will be required to be reviewed and approved by the City Engineer. The following comments are per the preliminary plat checklist (Ordinance 10): 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is Genthon Ponds Addition. d. Scale is 1" - 100'. g. The preliminary plat was prepared by Caine and Associates Land Surveyors, Inc. The grading plan was prepared by Ken Gust (developer'S engineer). COUNCIL ACTION '\ "--./ MOTION BY TO SECOND BY Page Two November 6, 1990 preliminary Plat/Roger Hokanson ~ 8.02 EXISTING CONDITIONS b. Total acreage is 39.7. c. The existing zoning within 300 feet of the proposed plat has been shown. f. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat per requirement of Ordinance 10. g. The boundary lines within 100 feet of the plat have been shown along with the names of the property owner. j. A soil boring report has been received by the City, Percolation tests will be required prior to issuance of building permits. 8.03 DESIGN FEATURES a. The proposed right-of-way as indicated is 60 feet for Butternut street NW and 173rd Lane NW and 66 feet for University Avenue. The proposed names are per City grade. c. The proposed street plan and profile will be required to be approved by the City Engineer along with storm sewer construction. g. The setbacks for each lot are shown and are indicated properly as required per Ordinance 8. h. The proposed method of disposing of surface water has been shown on the plat. 8.04 ADDITIONAL INFORMATION a. The proposed density is 0.30 dwellings per acre. b. Source of water supply is private wells. c. Sewage disposal facilities will be on-site septic systems. e. Ken Gust, engineer for the developer, has made analysis including a general description of off-site conditions besides the plat run-off and storm water storage (see letter from Ken Gust). ~ g. Street lighting is required and the installation costs will be paid for by the developer. j. The total linear road mileage for the proposed plat is 0.48 miles. Page Three November 6, 1990 Preliminary Plat/Roger Hokanson o 9.01 GENERAL REQUIREMENTS c. The developer has allowed for extension of University Avenue from 173rd Lane to the south property line of the preliminary plat. The ARC discussed (in length) the construction of University Avenue. It is recommended to construct University Avenue to current specifications which require the street to be bituminous. The problem with the recommendation is that the right-of-way does not exist on the Ham Lake side of the border. It also may not be economically feasible for the developer to provide the improvement. The City would have to initiate the project. Other property owners benefitting from the improvement may be required to participate in the cost. 9.02 STREET PLAN a. The typical section, right of width and grade is indicated on the preliminary plat. b. The proposed Butternut Street NW has been shown to serve properties to the north to allow for ultimate extension of Butternut Street and future development. 9.03 STREETS a. The proposed right-of-way is shown as 60 feet for 173rd Lane NW and Butternut Street NW. University Avenue right- of-way is shown as 33 feet. g. A temporary cul-de-sac will be constructed at the north end of Butternut Street NW and possibly at the end of 173rd lane NW. m. Driveway access shall be 60 feet or more from an intersection. n. Boulevard is required to be topsoil and seeded. 9.04 EASEMENTS b. A drainage easement is required to follow the 100 year flood .elevation which has been established by Ken Gust as 903.0. 9.06 LOTS ~ a.3. 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 the Watershed Organization, DNR, Corps of Engineers and any other agency that may be interested in the site. Page Four November 6, 1990 Preliminary Plat/Roger Hokanson o 9.07 PARKS, PLAYGROUNDS, OPEN SPACE Park dedication as determined by the Park and Recreation Commission. OTHER COMMENTS * Variance for Lot 3, Block 2 will be required. Lot does not meet the 2.5 acre minimum requirement; see Ordinance 8, Section 6.02 and Ordinance 10, Section 9.06 a.3. * Variance for Lot 2, Block 1 will require a variance. Lot width at setback does not meet the 300 foot minimum requirement. See Ordinance 8, Section 6.02 and Ordinance 10, Section 9.06 a.3. RECOMMENDATIONS * The ARC recommends the approval of the variances due to the unique shape of the parcel and topography of the property. * The Planning and Zoning Commission recommended denial at their October 9, 1990 meeting of the preliminary plat of Genthon Ponds based upon the variances required, specifically variances for the following: Lot 3, Block 2 in that it does not meet the minimum 2.5 acre requirement in that it is only 2,2 acres in size. Lot 2, Block 1 does not meet the minimum width requirements at the setback as required in Ordinances 8 and 10. , 'J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , ,~ RES. NO. R -90 A RESOLUTION DENYING THE PRELIMINARY PLAT OF GENTHON PONDS ADDITIONS AS BEING DEVELOPED BY ROGER HOKANSON OF HOKANSON CONSTRUCTION, INC. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing and reviewed the preliminary plat of Genthon Ponds; and WHEREAS, the plat has been reviewed by the Andover review Committee; and WHEREAS, as a result of such hearing, the Planning and Zoning Commission recommends denial of the plat citing the following reasons: 1. Lot 3, Block 2 in that it does not meet the minimum 2.5 acres requirement in that it is only 2.2 acres in size as required by Ordinance 8, Section 6.02 R-1 single family rural area and Ordinance 10, Section 9.06 a.3. 2. Lot 2, Block 1 does not meet the minimum width requirements at the setback line as required in Ordinance 8, Section 6.02 for a R-1 single family rural area and Ordinance 10, Section 9.06 a.3. WHEREAS, the City Council is in agreement with the recommendation of the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the preliminary plat of Genthon Ponds Addition. Adopted by the City Council of the City of Andover this day of , 1990. CITY OF ANDOVER James E. Elling, Mayor ATTEST: Victoria Volk, City Clerk :) , '0 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANORA 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, October 9, 1990 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to consider the preliminary plat of Genthon Ponds Addition consisting of 12 single family residential lots as being developed by Hokanson Construction, Inc. on the property described as: The Southeast Quarter of the Southeast Quarter of Section 1, Township 32, Range 24, Anoka County, Minnesota, and that part of the Northeast Quarter of the Northeast Quarter of Section 12, Township 32, Range 24, Anoka County, Minnesota, described as follows: .. . .. - .--. - -,"" Beginning at the northwest corner of said Northeast Quarter of the Northeast Quarter; thence easterly along the north line thereof, a distance of 205.25 feet (for the purposes of this description the east line of said Northeast Quarter of the Northeast Quarter is assumed to bear South 1 degree 51 minutes West); thence South 12 degrees 51 minutes 02 seconds West to the n~rtherly right-of-way of 173rd Avenue NW (formerly Butternut Street); thence northwesterly along said right-of-way line to the west line of said Northeast Quarter of the Northeast Quarter; thence northerly along said west line to the point of beginning. ... '_ _____."_ _ --.C.___.'..'-"""_'_'_.. '. . L __._'._ .-~_. .:__-~';_.:..-'-_.~ - ....._m..~.____. _-...--. ,-- , / All opponents and proponents of said proposed preliminary plat will be heard at the above time and location. . ..'~'--~~'-,"~fu' a--~:.-,,--'-~~, ..,.,.. V~ctona Volk - City Clerk :-J Q ...-. " . ..... ,- ',~~J .. . '. ..' :'. . ....:.. . I !':"':.,?;;";:!'f;t,'{,"!j;jz:',.:;;:~.'U;;rJ;r;?;~~!;::!;?~,~:;:f:;:}~;~.:~;::1,r;;o';t;"';;::0i:?i:.~~~,~;:~<;? .'---' Mr. Henry Stromgren 600 crosstown Blvq. Ham Lake, MN 55304 Ms. Carolyn Bolander 99 Crosstown N.W. Andover, MN 55304 dl'fy o.f Ho.M LaJ<e. I-fo.m /..c..IfeJ m,v S'5"3ai 'Mr. David Hoium';~ ,.a;/f'1f 12-177th Ave. Ap~~ver, MN 55304 Mr. Clarence Alsaker 'c/o John 0' Neil 901 Summer Place Mpls, MN 55413 Mr. Ralph Pearson 2201-198th Ave. N.W. Cedar MN 55011 Mr. Gary Bialke 641-90th Lane N.E. Blaine, MN 55434 I Mr. Robert Dziuk 17427 Flintwood St. N.W: Andover, MN 55304 Mr. David Haupert 17379 Flintwood St. Andover, MN 55304 Mr. Charles Reich '4309 Nokomis Ave. 'MPLS, MN 55406 Mr. Robert Nault 244-173rd Ave. N.W. Andover, MN 55304 Ms. Gayle Bialke c/o Douglas Asfaly 17304 Flintwood St. Andover, MN 55304 55420 _ u _ ___n . Sarid Creek Cor~: 5811 Central Ave. NE Fridley, ~N 55432 / ----.. -- Mr. Clarence Aisaker'-. c/o Michael O'Neil 156-177th Ave. An~nvp.r. MN 55304 Mr. Ra'ymond'Hci:ll P.O. Box 20457 Bloomington, MN W;'PA. ., r ".-"-- ... ,~,,-~-"-:._-".":-';'- . , ' . a....:. "':....... ,'.... .....;. -:,"'; ..,::.. ....:~. -. ,- :..,.... 0:' .~..~..:~::.~..::-:.:.~;::;:./~.~.:;-::;-.:.-'!:. ~:.-::.~:.~. ;:;;i....:~~.~,;-;-:~~G-~. - - ..- --' .- ... '\ ) .. 'J .:' . ._._ . . .;. ~_.~ ....... ,li,.':' o CITY of ANDOVER PRELIMINARY PLAT APPLICATION ') :! , street Location of Property: I 717tJ t//1;V'~rf''I/ 4~. Legal Description of Property, J'~ ~~~ ~ ~ ~~ ~~ .r-ec/,'o.-? /, (/(11<-..,1",.(-,177;2., ,.' 'f() ~r ~;7."&14'f / .,,, r .u-' ~ r'/ / ,/'7,/Z/, Property own:r: "It; 7 -Pr -- 1/ ~ ~ 0''7 .I I?..., Phone: Address: h ;] -p-' r~~&:?'7'fC7'7' .,/ Cf/77' r )u'1r,' JI. Description of Request: )/, 'of> ,Ij"" ,'" ~,..y / d~l'~ -e /~7 phone: 7 r ,- J / J cJ .).rYJ 7' I. I Applicant: Address: ; Rezoning Request Required: YES [ ~,."'/ dr t'~ NO [....-f" Explain: Fee: .~ Date Paid: Receipt No.: / / ,,' -' ..,-' ,-0, -,- ,- -'-'0' .. ,...- -... cc...... ..-' ... '" 6'/ '-0 (Date) I' . ___u.__ _~. _ .....- - _. -. .... -. ..-. --- . ~J ;j 4. If the property is not zoned for the proposed use, a petition 'for rezoning to the precise intended use shall be submitted to the Planning and Zoning Commission. 5. Cash filing fee of $40.00 and a cash fee of $7.50 per acre, Fees must be paid before item will be placed on the Planning Commission agenda. +-.tt~o ' , , - A public hearing at a Planning Commission meeting shall be arranged with thi,rty days (30) of the date of application, , . Public hearing notice published at least ten (10) days before the Planning Commission meeting at which time the item will be heard. Notices sent to area residents within a radius of 350 feet of the subject property to notify of meeting date.' Review and report by the City Engineer forwarded to the Planning Commission' and applicant one week prior to the hearing. preliminary Plat is placed on City Council agenda. Inform applicant of the City Council action. If request is granted, provide applicant with a copy of the resolution stating the conditions upon which approval is granted. If denied, provide applicant an explanation of the basis of denial. I hereby apply for the above consideration and declare that the information and material submitted with this application is complete and accurate per City ordinance and policy requirements. I understand that only complete applications will be scheduled for an appropriate Planning Commission meeting. I und~rstand that the pplication will be processed in sequence with respe t to other s 'b ~ also P " '(1ft' . .' .. ...J....., App I Date ~~... -:-, ... ~:. .-~. '4 .. ~ . ". ..,. . Appl~cat~on Approved by Date . ---_._------~-------- - ...- ---.-... .-.._._-...~----- -."'.. ~ "'--'.'-. .". -..~ / / , ') 'J " ~J TO WHOM IT MAY CONCERN: ROBERT CENTHON, S.Ett ING PAR1'Y OF THE St:. QUARTER OF 1'HE SE. QUARTER OF SECTION ONE IN THE CJTY OF ANDOVER, ALLOWS THE PURCHASER (ROGER HOKANSON OF HOKANSON CONSTRUCTION) TO SIGN ANY FORMS ON HIS BEHALF A5 ~RE REQUIRgO.FOH THE OEVELOPMENT U~ THE AFOREI1ENTt ONEO PROPERTY. 1'H I S 51'A1'SMEN1' r 5 ~'OR THE Br:N!::~' r't' m' 1'HE. CITY OF ANOOVER AND J5 OETAJLElJ IN THE PUH(:HA5E AGHE}:MENT ap.'NEEN THE BUYER AND S:~;tt.~;:7 ~,. '~ ROBERT GENT"ON ,~,~~ ~. AOOR ESS _n(\Su t ~~. ',Ii ,- , -. " :. /~~ I--b.~ Ie.. Nfl ,lJJtG TELEPHONE 7lrc" - ",~jv L. ~ , ~ ; i . , , . _______ ._.-.'_ u_. .- -. -_. . - -.._.-~"" ..-. ,J Y/~o/tc:; ~ ~~ ~ ~v ------_..~. --:-~~~~..:.-....-__.~- ~ .---- --- - . '- --_ ______ __n_ .____ -. ~-~.. ---'-~~,,- -"~~." - .-.----- .. .. . ..~-_. .-..- I / - .--'--.0_-- _. "_" _ ".__._... ( KEH GUST EHTERPRISES 8590 QUARLES ROAD KAPLE GROVE, KN 55369 o Septelber 25, 1990 TO: Whol it lay concern FROK: Ken Gust, Engineer SUBJECT: Centhon Ponds-Storl Runoff Analysis. This analysis includes a general description of offsite conditions besides the plat runoff and stor. water storage. 1. D.N.R. wetland No. 399W (HE. portion of plat). This runoff storage area includes approxi.ately 20 Acres of the proposed plat. since lore that 50 t of the, drainage area is larshland (on and off the plat) the boundary elevation of 903 feet, H.G.V.D. is deter.ined to be the high water. 2. The storage area west of the 173rd Lane and Butternut Street intersection receives runoff from approxiaately 20 Acres (5 Acres offsite). RUHOFF FROM Q = CIA=.3 * .5 * 20 Acres = 3 Ac. Ft. El e v. 901.50 feet H . G . V . D . 1929 Area = o . 0 A c. 1.5 Acre feet. Elev. 902.50 feet H . G . V . D . 1929 Area = 3 . 0 A c . 1.5 Acre Fee t . Elev. 903.00 feet LC.V.D. 1929 Area = 3.0 Ac. Total storage Needed = 3.0 Ac. Ft. At Elevation 903.0 H.G.V.D. 1929. Based on Quadrangle sheet analysis, both storage areas appear to drain overland toward liard Lake With Elevation 895.0 LC.V.D. 1929;. 'J ' ~4 Kenneth J. Gus No. 9631 - - -~ ~-=.-~-= .~--:-=_=:-"':"=--''';':'''':'';'..~..;''~:;:-':::: .;..;..;.-:_::-----~-:----~._-~_._.-.~----;...~.-. .;";. -~ .'.-='- -=.;: ~::....:.....::..::..--=--: -. -- -."_:-:::- ~,~..;..:.::..-:-:;-~ --~-~-~~.;...-.;.;...-.;;..~ -:: -.:;;;.;:;~:'--~--_.:;"':' :;.~-:.:-~- / ._-._.---~. ~ .--.. --..,. -~---- -- .- - -.- ----.'- - -- - _... - . -.-----..-.---,...- -'--:-:~--:-----=---:_=-;:-"-'-- . - . -..- ,~ ". _....._____ ~_'M __. _. .__.._.... _'_"_," _. - --" -_.. .. ..-....._--- -- . ~~ September 26, 1990 Construction-Operations Regulatory Branch (90-2058N-12) Mr. Kirk Corson Hokanson Construction, Inc. 9174 Isanti Street NE Blaine, Minnesota 55434 SUBJECT: Wetland fill during the development of the Genthon Ponds Addition; located in the SE 1/4 of section 1, T32N, R24W, Anoka County, HN W'e have reviewed the grading plan dated September 4, 1990, that was submitted with your September 14, 1990, letter. It appears that the project has been revised to avoid major wetland filling. However, it does appear that some wetland encroachment would occur on some lots and for the construction of Butternut Street NIl near lot 2. Because the amount of wetland fill is minor, we have determined that this project is authorized by an existing Department of the Army nationwide permit. W'e would encourage both the developer and the future lot buyers to avoid unnecessary wetland encroachment. As example, there appears to be some encroachment on the east side of the "buildable" or fill area for lot 1, Block 3. There appears to more than adequate area for a yard on this lot without encroaching into the wetland fringe. Also, lot buyers should be informed that any wetland fill they may propose could require a Corps permit. If you have any questions, please contact Mr. Tim Fell at (612) 220-0360. Sincerely, 1r Ben Yopat , _ Chief, Regulatory Branch Construction-Operations Division I / .,J -c 0. N o ~, / ~ C - ~ ',,-J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION November 6, 1990 DATE ORIGINATING DEPARTMENT APPROVED FOR AGENDA AGENDA SECTION NO. ITEM NO, n~C!.....C!e~nn Trome 4. South Coon Creek Drive Sidewalks, cont. BY: 'I'nr'lr'l:r R.",," BY: Engineering ,(5~ ~~. The City Council is requested to discuss the sidewalk location along South Coon Creek Drive, in the vicinity of Creekridge Estates, between Jonquil Street and Kerry Street on the north side of the road. In reviewing the location the Council has suggested saving as many trees as possible. An option is to weave the sidewalk within the right-of-way and keep the sidewalk as close to the trees as possible without damaging the trees but, far enough from the curb to provide a buffer zone (green space). This may be a possibility by reducing the width of the sidewalk from 5 feet to 3 feet and have the sidewalk be temporary until such time that the trees are dead or are dying. At that future time, we could require the property owners to remove the trees. The City could then construct the sidewalk where it should be placed (10.5 feet behind curb). I recommend keeping the option open for future relocation of the sidewalk which would place it closer to the residents' property. COUNCIL ACTION SECOND BY MOTION BY -'\ "j TO , '\ V CITY OF ANDOVER REQUEST FOR COUNCIL ACTION November 6, 1990 DATE ITEM 5. Scardigli Variance NO. 444 NW 177th Ave. ORIGINATING DEPARTMENT b Planning ~ David L. Carlberg, City Planner APPROVED FOR AGENDA AGENDA SECTION NQ Discussion Items BY: 6,t BY: REQUEST Ceserina Scardigli has requested a variance to allow for the construction of a 26' x 48' accessory building (garage and screened porch) encroaching twenty-one (21') feet into the front yard setback along 177th Ave NW (Co. Rd. #58). The City Council has requested this item be brought back to the Council for further discussion and reconsideration. The variance was denied on a 3-2 vote at the October 16, 1990 Council meeting. The Planning Commission recommended denial of the variance at their September 25, 1990 meeting. Two resolutions will be available at the meeting, one to rescind Resolution R148-90 and one to approve the variance. MOTION BY " -J TO COUNCIL ACTION SECOND BY ,J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R~90 A RESOLUTION DENYING THE VARIANCE REQUEST OF CESERINA SCARDIGLI FOR THE CONSTRUCTION OF AN ACCESSORY STRUCTURE ENCROACHING TWENTY- ONE (21') FEET INTO THE FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 444 NW 177TH AVENUE (CO. RD. 58) (PIN 1-32-24-31-003). WHEREAS, Ceserina Scardigli has requested a variance to allow for the construction of an accessory structure encroaching twenty-one (21') feet into the front yard setback; and WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No.8, Section 5.04 in that no hardship exists due to the unique shape or topography of the property which would preclude the property owner reasonable use of her property; and WHEREAS, the Planning and Zoning Commission finds that the request does not meet the established setback requirements specified in Ordinance No.8, Sections 4.05, 4.15 and 6.02; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the variance request as it does not meet the criteria of Ordinance No.8, Section 5.04; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission and hereby denies the request of Ceserina Scardigli to construct an accessory structure encroaching twenty-one (21) feet into the front yard setback. Adopted by the City Council of the City of Andover this 16th day of October, 1990. ATTEST: / ~T,~~~F ANDqVE(._C~ '1, ' ' ~LltI..e:1 ( / ( ;.((U,",-) (:res E. Elling, Mayor / ~MP Victoria Volk, City Clerk ,.J "- "J Regula. City Council Meeting October 16, 1990 - Minutes Page 2 AGENDA APPROVAL Council ag.eed to the additIon of Item lOa, Joint Powe.s Ag.eement/ Fiscal Dispa.ity. MOTION by Jacobson, Seconded by Pe..y, to move the Agenda with the change. Motion ca..ied unanimously. APPROVAL OF MINUTES MOTION by Knight, Seconded by Pe..y, app.oval of Minutes for October 2. Motion ca..ied unanimously. SCARDIGLI VARIANCE Chai.pe.son Pease .eviewed the Planning Commission's .ecommendation to deny the va.iance .equest by Cese.ina Sca.digli to const.uct a 26' x 48' accesso.y building, a ga.age and sc.eened po.ch, enc.oaching 21 feet into the f.ont ya.d setback along 177th Avenue, CoRd 58. Because it is a county .oad, a 120-foot setback f.om the center of the .oad is needed. The p.oposal Is for a 99-foot setback. The Commission did not find a ha.dship that would enable them to .ecommend app.oval. The Staff did come up with an alte.natlve placement of the st.uctu.e along side of the .esidence. Ceserlna Sca.dlal I - explained with thel. p.oposed placement, they can use the existIng d.lveway. The Staff/s p.oposal would mean having to const.uct another d.iveway plus .emove 20 to 25 mo.e t.ees. M.. Ca.lbe.g felt the same d.iveway could be used wIth the Staff's p.oposal. Staff does not believe any c.ite.ia is met to g.ant a va.lance In thIs case. Ms. Sca.dlall - stated they .emoved about 20 t.ees to constrct the st.uctu.e In the p.oposed locatIon p.ior to the .equest for a va.iance. -: They.emoved ,the ,tr-ees based upon~advlce "fr-om .Cl.ty,Staff that the i r-pr-oposed I oca t i on was okay. They then came back for the building pe.mlt and wer-e told at that time that a 120-foot setback was needed. She felt the var-iance/should be appr-oved because of the har-dship cr-eated due to e..oneous infor-mation .eceived from City Staff. "/ ChaI.pe.son Pease explaIned the fI.st dr-awlng_that_was p.esented to Staff did not show the .oad as being a county .oad, so the Staff _ thought the setbacks would be, f.om a, no.maICI,ty str-eet. That po.tion of 177th Avenue Is-also CoRd 58, and that was not .eallzed untIl they>-- \ came 1 n for- the bu II dI ng pe.mit., She fe It it was a p.ob I em of , ___._ _'_"_' _ '-...J commun i ca t i on . , '\' v Regular City Council Meeting October 16, 1990 - Minutes Page 3 (Scardigli Variance, Continued) There was considerable discussion on what precipItated the mIsunderstandIng, on the Inte~pretation of setbacks requIred by the o~dinance, and on possIble alternatIves. - M~. Sca~diql I - noted the 12x26~foot screened porch that will be lookIng at the sIde of the existIng garage. To move the building to be more in lIne with the house would mean some congestIon fo~ vehicles from the exIsting and f~om the p~oposed garage, 'plus about 20 to 25 more trees would hive to be removed, mostly maple and pirie. Councilmember Orttel thought the ordinance could be Interpreted to mean a 110-foot setback is needed, in which case there is only an l1-foot encroachment. Mr. Carlberg noted the upgrading of CoRd 58 Is scheduled withIn the next five yea~s and is on the county~s 2010 Plan. Councilmember Jacobson said that whether the encroachment Is 11 or 21 feet, no hardship is demonstrated to meet the crIteria fo~ grantIng a variance. Council asked the ScardIglis whether they could move the st~ucture back 11 feet to meet the setback requIrements. M~. Sca~dlql i-stated many maple and pine trees that they planted years ago would have to be ~emoved. Mrs. Scardigli thought maybe if they had not been misinformed, they may not have even tried to build the accessory buildIng. MOTION by Jacobson, Seconded by Perry, the ResolutIon (See Resolution R148-90 denying the variance request of Cesernia Scardigli for the construction of.an accesso~y structure encroaching 21 feet Into the front yard setback on the p~operty located at 444 177th Ave. NW, CoRd 58) MotIon carrIed on a 3-Yes. 2-No (Elling. KnIght) vote. Mayor Elling stated he had a p~oblem denyIng the varIance, though he recognIzed the crIterIa for allowIng It Is based on the topography of the land. CouncImember KnIght felt the confusIon Is partlY. but not maInly. the CIty~s fault. GIven the cIrcumstances. he has trouble denyIng the request. ,CouncIlmember Orttel saidhe/.d._be happy.,_to ~e- "" , _ , consider If there Is'an'alte~native';'but-n-e"was"ncit'abfe'to firia"one:--'- ; ORDINANCE 79 AMENDMENT (/ I' ChaIrpe~son Pease revIewed 'the PlannIng CommIssIon~s recommendatIon to amend OrdInance No. 79 .to allow the Issuance of a lIcense by Staff for , a temporary retaIl food'e'st-ablIshment~-' -Itls'"nmTted'i:o---two-event~;fa'~-- year with a promotion runnIng not longer than 10 days at a tIme. The county also iIcenses such operatIons, "'--'-~.-------'---'..,---,~ " - ,.J MOTION by Orttel. Seconded by Perry, IntroducIng OrdInance No. 70A as p~esented with the addItIon unde~ SectIon 2, Item 7, at the end of the sentence, add a comma and go on to say "but not to operate prIor to 7 a.m. or past 11 p.m." Motion carried unanimously. .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION October 16, 1990 DATE ITEM -. Scardigli Variance NO. 444 NW 177th Ave. ORIGINATING DEPARTMENT ~ Planning ~ David L. Carlberg, city planner APPROVED FOR AGENDA AGENDA SECTION NO. Discussion Items BY: BY: REQUEST The Planning & zoning Commission at its regular meeting on September 25, 1990, reviewed' the request for a variance by Ceserina scardigli to construct a 26' x 48' accessory building (garage and screened porch) encroaching twenty-one (21') feet into the front yard setback along 177th Ave NW (Co. Rd. #58). BACKGROUND Ordinance No.8, Section 4.05 (F) establishes that on a residential lot with an area of one (1 a.) acre or more, a detached garage or accessory structure may be constructed closer to the front lot line than the principle structure. Based on this section of the Ordinance, the minimum distance the accessory structure may be from the front lot line is sixty (60') feet. Ordinance No.8, Sections 4.15 and 6.02 establishes setback requirements along County roads. In the Scardigli's case, a 120 foot planned right-of-way is required on County Road #58. The 60 foot right-of-way plus the additional 60 foot setback required for an accessory structure closer to the front lot line then the principle structure locates the setback line at 120 feet from centerline of County Road #58. The accessory structure is proposed to be located 99 feet from centerline, thus encroaching 21 feet into the required front yard setback, RECOMMENDATION _h.......... . '_"__H __ H h_ _ _, "'-,'--.~','.. '-""O'~....-,_____~~~=',c ..c,-_'_O,.. ..... , '.... .. - , I ---'--' "It is the recommendatiOn 'of -the Planning & zoning Commission that --. the request for the variance be denied. The Commission finds no hardship exists due to th~' unique shape or topography of the parcel and that the land/owner would not be precluded reasonable use of the property as established in Ordinance No.8, Section 5.04. MOTION BY .. , TO -- COUNCIL ACTION ---: u-'_ -..."; -:--:-:~--:-.-- .. _' SEc6ND .By""....:...::---- '-/ I :J '\ 'oj Page Two Scardigli Variance 16 October 1990 Attached are the Planning and Zoning Commission packet materials, the minutes from the September 25, 1990 meeting and a Resolution for your adoption. .______ ____ .-__ __u. ~ --,-,---""-~ ~ .~-_.. , - ...- .....--..- ---. '-'~' - ...-----. - ~.._-- - __ n.. ... _ _. ....- '.-..._".-----. I I o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION November 6, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT APPROVED FOR AGENDA ni~~..~~~...... T+-"'m~ Engineering ~,o ' BY: ITEM NO, 6. Accept Petition for Water & Sewer/Sonstebv BY: The City Council is requested to accept a petition from Rosella Sonsteby for water and sewer for properties south and west of Round Lake that she describes briefly as: back of Shirley Estates; back of gas company; where I live and along 7th Avenue. The attached petition lists the pin numbers. These areas are out of the MUSA for the year 2000. To change the MUSA boundary the City, of course, would have to prepare an amendment to the Metro Council.. The City is in the process of preparing an update of the Comprehensive Plan. This should be a consideration of the Comprehensive Plan Committee. COUNCIL ACTION , '\ MOTION BY TO SECOND BY -'~J " il .' __:. I i ; i ! ~).__ i u .' -.. _ ,m@vJ.... __U - ._J.-1'.._~. .0 ..,l~~ __. 4::. ~ ::+ 'yy.... ~ ~ ~ - I ' . , " .. " d-~ ~~ I - - / Lfl S 1-( ~/ five II/' ..'- ? . A'")jclov'?v,_.IY-.,~, ..~~3 D~ ~- ~ ,. , - ~ ;be ~ _ j~-~ ~~'~L.. - w~~-~.~ ,--' . ~~ ~~, ., ,- ,.---.-".. ----..."" ,---- ._-- -. - _..-- ---.--. -.--.-.--.... ------ . -". . ----.. .-----.---- _.__.._._._~ / .J .1 '1 "\ I / - II I I I I , """-n!~() Ii .Lo t- ;A , ~. d-.f _ r 3 h._V(., ;). 't _A-n 0 Ii. '\ i.~h-~~\:ll:'Fou~t-( MN.f4.~~~ ,d.--t f~A~ <a4-- ' . E.-i 6:)_f'~~_____~~.._~ )1l.o~<{_~'2-.3l.._00cJo 2- I " i I I I -- -..- -- ,- - . - , '-, - - - _h . 1\ -rk .lVLZ .1. 0 F~ e-r ;1 ~e~.._3_~<t. ~'o:. R. ;;. 'f - ~tI J- sf" or-I, h. e h; u v \-t;'P v . h ( . f'd ,v( ey, j '''';'n~'! ok'.do.o'J {. i. M.I( ~ i. i9i. p :A~ .....,.~R3o -3 ~ - .s.. .'f =- _nO .0. 0 1",,__ ..n ~ !1~e.~S E jotSEJ - Sn~~' 3En:=i;;-~y- (i.; , ;:>, nnnllhe..S",,, Hi J b S .... . 'f-h.~ye.nor- g .ilz.'!C'l..G,otr:J..}.'l d1 di . ~___!II~I,55?,--&-~n.~~f" r qy:r~__~...b....Eq,_"Y_41LQ,~,~ ' . "l,Coo~+-y ROPl.cL"LLl:. ....(J_fh(;._b'S_13_Q,~'/e~{__,~O ~ 0 ! __ r . . _____ ____._. . ~. -------..-...- ..~-_..-------_. -.-.-.----- - . .__u____ . r . I M.eti'l~~j()r= :;e~.!3:~}}-:~yj//S;~ .1 :tl J 1fv~/)~~fu._~ i'- . .. S I 8,:>S- a.nO frt, ~ 3 "iJ~i:L';'~~ .~4 i " l., ~ .r.-f._ ~ {<-e_"" ~o Y" An 0 I<~ _~~ lJ +{_.__ ,k). 'f,L=- 8,~ ! : r~ d- c~ -4- 0 ~" 'f~ lib - \l u:~-(f .~tv-,~._.e/- . __ .,1-1 \"L:~,.,..j?3,a.-_,::3,J... . a,.,_Y_-_lf.--l.._=--_C/_t:? 0' / ,,---,' '_O' / _ ,_,..' _ nO"" -,-.----' '. .\~~I( {~ .: ~n'YJft~:~~;~+-c. . i::~+:~::~J:e~;:r ~;J01 '.: .*" (..0 01...... t:.~( orA-" 0 1<"",- - CdS, ,..P" E':)<": e p i::h (f- -th,.....l.. +- \. '\ . . pa. V t t.-bll JIe ry)'r\JL b'( Co 0 ~ t- r op4Y1 t:>k c,,- ---- .LI (od- ~ y. U~+.;, r 'th ~.j.. q>" "t +:c k<> ....6.'1 Co 0", +y Ir~Ano l:(" f.ci c.o 0", -1-1 (c' d. / 1(". . o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE J\1n,,.omh9[' ~. lP90 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED FOR NO. AGENDA Engineering -(~ BY: ~ ~ ITEM 7. Creekridge Estates NO, Street Lights BY: Todd J. Haas The City Council is requested to approve the resolution declaring the adequacy of petition and ordering the preparation of a feasibility report for Creekridge Estates for street lights. See attached petition and diagram of area to be considered for street light installation. The area east of Coon Creek on South Coon Creek Drive have also requested street lighting. Does the City Council want to include these lots? The lots are part of the plat of creekridge Estates. Total lots on both sides of Coon Creek 72 51 11 10 Number in favor of street lights Number against Unavailable '\ '- _/ MOTION BY TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA '\ '-J RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPERATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET LIGHTING, PROJECT NO. 90-24, IN THE CREEKRIDGE ESTATES AREA. WHEREAS, the City Council has received a petition, dated October 10, 1990, requesting the construction of improvements, specifically street lighting construction in the following described area: Creek ridge Estates; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requestin' 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 Anoka Electric Cooperative 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 resolution, and Councilmen voting in favor of the voting against, whereupon said resolution was declared passed. CITY OF ANDOVER James Elling - Mayor ATTEST: , 1 Victoria Volk - City Clerk '--~ ,..- r CITY of ANDOVER Date: IcY ilf'/'7"1J I' , No. Gentlemen: We, the undersigned, owners of real property in the following described area: c/l ~E/-( K///a-E' / ES;~ do hereby petition that said portion of said area be improved by Construction of City C:;-/~~E/ L/~ and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. ADDRESS LEGAL DESCRIPTION /t../.,;;sS-J,;/'i (II 0/ ;:; -rOh ,ll2lt I; Li YES NO y / .,e,...... ,/ ." ~ -./ rvw , ) Thi~ petition was circulated by: -;?l'l,.;?~::.// ~~- ~la'h,1t-<:7!?-:?J!,,o'.1f:l,, Address: /L/,,'7//- /~/Yv,--,,f,~, <I, /~"S.,'-:J: ,(/ t-'j/~ - U -- , (' IL/'I.~) ..--~, ", _ ,~/1-~-" ", \ j . \. ~ .J '-/~y CITY of ANDOVER Date: No. Gentlemen: We, the undersigned, owners of real property in the following described area: C~E~~ ~ / L} C-t:. E- S'mr-~\ do hereby petition that said portion of said area be improved by Construction of City S'r~~'f:... /' L-/d----k-;r-S and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO ./ ./ ./ .; ./ -S~ ./ X LUOn L ref! C '\ - -...J --), Cvo7tJ I JJ 5 Cofl'- Cwi '?f, /)1 This petition was circulated by: Address: (' CITY of ANDOVER '-L(/ Date: No. Gentlemen: We, the undersigned, owners of real property in the following described area: c,;( E. Gk I< ///6- f:- ~ Sr/rrl:.S do hereby petition that said portion of said area be improved by Construction of City S /t{? 'f: ~ r- .?./ t!t#;r( and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. " OWNER ADDRESS LEGAL DESCRIPTION YES NO .,I' ,/ / '" ,/ ./ ./ L.---"'" ./ 1 .~. ~ ./ .- ./ Y ./ V v' , ~-) This petition was circulated by: Address: (" CITY of ANDOVER Date: No. Gentlemen: We, the undersigned, owners of real property in the area: ~ t, JP /~/<.. drof7-.e ~<;~ do hereby petition that said portion of said area be improved by Construction of City ,~~9_<>=-/ L/~5 and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. YES NO :-.J / / I / ,0.,--,,-,. y: Address: ,.- (- ~\ " '-...J ~. / rJ '" It I Iu''' S 09;; F H P NY- 7 f2-..~(l , AI . ~ r '7 , I ~ / Fox Ii oJ .. f? I cHC6~ ..;(oNth:j JV ~ I '\j)tl<JI7Z R~Aff7t11 ( .. N Cf LCf ~ 7- M ~ ~ _./fJl;t,J7 _ 1'I'I2) ~r' \ st No {/ , . ~ '*133 -::J1tSf-D It.l ~ . 0'<</1"% __~j --:=> f.J ~ / V tlCffW P ~ /IN'f& ~ I Sf; t...w it 01 / kt~JlQP -A-h-n~//);J I ///1/" ^ '" ~~"""..dJ'7IT -rtt'V JCjI./' Y S,c . AJ, e.G' L.! L X; ?~ ( <( Cfr t Jo"rrf ;;;'4fL:? ;0 ~~~ 1,{'-183 v...en"J <;+ N W Y " // /1 oj '\ "~) U' " J::>- // 0" '>' .o'or.~' """"" ,q'" ". , -,1- :;1 J ~ ~ If . ~ ~ n - ,- Q ~ : . l ',- 0 .. i I ~ . S l~oJ./,,,- . ~ . ~ I ~ > ~ ~ - ~ , / I ,I ... " l;- 'to- ,~ ;l c. ~ .... l' ;{P- v.I<. ~ ~ ~ . : ~ ;~ ~ ;g.~ Ill:$. l~" ~ ~ " r-- ~'~;1 ~~'MJ_.!l r --., I!'~~~::I :. C'l P.; -, +-N.$"}Z.I;.\:.~ L_n.H_~~ ~ . . r ~c~-:'.-:.u~~".ta' " I ._.~__.~ - ....H'..' \-- I C.-:t.,.~'r""""/4H I TMC $Cv..O' MCI' \. .. .'r"Ui", . t-145fIrAVE.-N.IY.t- ...,.",,,., ~-4ir~ -. III':U-, ~~ f-..,. I<I#J 0' I ~..' I _ ii'\\ ~e~~, l~ ~i;ii L H".J.~ L '''.LU__ -"\ t., to ., .. i~ .. .. . ~" ~. .. ~2 " 111= .' ~, H ~. .. ~i tI) :ti ~ ... fiMr--' ~ ~..&~~ ~ "'!I~l~ C1..W -, '" 'I, \0 a, ~!~~!!_-8j r"y"$'f ~31 lli-t"~~ :! lit ~_____~ ~. r-;H"7.r~~~ .:!_~: ~_-",,~:!!.1~..... ~/"'~;: ~~~~~--~ r:-iHJ.7- -, I;J .0Ot al ~ tl'!..J.!.'__~ 18"'4..z.1~1 ~s....,~~ ~f 1#U4 .l , it WJ,'~'i~1 : -~~_! t r--__ --I ~ "....;;0";i1 ,~ : . r .....""., ~ la~J''''', ~_.L~. ~ tI) :ti ~ ... l ~ r" ~yl/,~ . .....ulll ~_ '''.!!!_-.J r ~v" : ~ -,~J~~ ! I ,. :: ~~ c:::: n. .__.~ .: " ~ ~ = a~ ;:~ 2~ , I I ~ ~ ~ ~ ~ . ~ - .--..- { ", ToTAL --'- '/8 lCT!> ()oJ TtIi> ~ iN ~Avctz OF .s1-~+ 1'S-h+S 10 N",,,^ ~e"" ~QinJ+ B IAn I1VCl,'/<< Il Ie . ". t;;(.-/.-fS h~"~~I'+ \ \5ht\ "8 ' .t-:,."" M f'~"f pa.,J~ .froM $tree+ ov~~r"F C;U~J:. J( ) ,___i Round Lake 146M / 14~ I '9;-+- 0. !? J~ ;~ ~~r'; ~~ g' '; ~~, tr r..~~-': ~t!/- ~ ' ~ /. -:f~o_- I'WIO L/' ~ Q" ~ ~~ 2 ~'5: v~ '/ ~ 14.3114'''' 14"': ~ ^~w ~ ~9... ~ 145Z 14sz, ..:~ ' ~~~:" ~ "'''''''l:...l3+.,t "'" J! ~:::IH.~"'F;; ~, I ~ ~~~..a...... ~; ...;. ~ "'" !\ '*'~ /.,Rl :.f,~'\ ~ "l~~'...~;:!~ i 'i. ~ ~~ v; ~~ "j;)l "58 14'''''''' ~ ~ \ ~ if-/,Jjj ~ ~~a:""7_~~ ' ~ ~}' ol!'~ OJ 1+4 ...'" ++1' ~Q \'\~\ ~:'f if ~~I""'''''''' .+W . ~j'/ ~ 0"if....0 \++""'IZ I~ J!II't?1et5 -"';'.1) ,"-1 ,..~~J "'80 14~ ~..::'I 'If' i!.. ,..,1Z~~: - I ., :t :! ('00 I~ ' ( _ I"~<::' .,...'i... <Ii tio ,:;Jt,.;;;J 1').., .. ... Ill"- ~' .., 11'):/ ~ .-~ ~ ....::; "~~ ~. . ,_ .~_PARK,'-- -Q~ Co'l" cr, fl N ll" N ~r~ ,0- '0' IN :€ <r N o.z/ f N / , 3fK.? c ... 0- N $018 '- I W v ~ ~I~I~ ''I''. LA. ", """'" b ~ I~ ~ ~ I 11~1~1~!::" 2. ~(I"v"i'" Ie:. 14-0(,,5 ~ 9 ~ ~ f l/;-:e'!jf:~ I~ot" l&.""l, . ", , . ~' .~~~. :~~~;.- ;' 1~1 ~ ~~If'3 ~ IS ~H-,~-.: ~;/)'" / "l OZ'7 Voo 1- ~ ~ ~ ~ 0 j ~ o~~ .... '" ~ "" ~ ~ ",... J [/i I "'o,"'q ~ o~ ~o ).., I~Otn !WE. N w ~ ~ ~ ~ B ~ i ~ ~ n.... TW.t ~1'tOOI o'l.... rn--r;; ~ '. ftC "'" ~ ..... ~ It\ ~ ~ ~ > m ,,' I., '" "' ).., t TH VE. w." ..... , O.;.J l,qa, "") f ~ "" I l:!i ~'r ~ .;;" E ~ ~ ;; ~ 1;;?P- I ~ ~ ~ ~ ~ ! n ~ ~7@-I ~\~~ ~~ "1 '" ~ ;:; ~:: ~t'T "" "" "" ""...!oj ~\\\ " I~ ,w. =- i it i\ ~ :\ ~ *01> ~\y. ~ I'o/~ ,~ " ~ eo ~ :l ,. iff!. t w. _, \,+ ~/.,~ ::l ~ l; :; ~ :; ~ 13'131 11: ... ~ .. II :l + \ ,w.1.'50.'(,'/fIf! ~ ~ It t: ~ ;: ~ V\ '"' ... 0 "om IJ ~ 't:: M t( ~ ~ ~ "-L\.....~ ~\ 'j, ~I;;-: ~ ::: ~ ~ ~ ~ ~ ,':" ~I* ~I~I~ ~Ii\ :! ~ WiIt"I~ ~ ~I,,", :"''00\'''' '!1rf/J>" ,~qtr:, ti AVE.. ti~~ ~:"" ~1ii1 ~I',", ~ ",1&\ ~ ~VE ~1~1:.i '" ~I~ 1 ..~~ oS'-,,~' IM~7Ig"..,,_ ~:: ~ [i&: I!'::!I~ ~ lllt ~.. .. lll~ ~ M. .. ',<- :;::f 70 ~11"5~,""~ _ :. : ~ '/'1 .\I=lI~ ",::llt'\ ~ ~ ~ ~I~ ~ ~I~I~ ~I~I ~\~ I~ I ~~I~ ~ ~ ~ ! ~K~ ~ a ~ ~ ~ ~I~ ~ :ryti '" <<\ W\ '" ~ ~1J641 ". ;.~~.~ ", L". ,",w. t ~- NW. )--;- ~:~; ",- 1lI\~ \~~~~~ "'n~ ~ ~ ~ ~ ~I~I~" ~I~ ~ :.\~~ Meadow ,~I Pu,.p: ~, ",1'""1 \j :l i' :I: Oll~ ~ " ~ ~ ;; ..;;/'" C~eel:: Chrlstl3M '1 H~ ~"~:~~I~eol1D ~ ~ ~ ~ ~ '" =< ~ ~ 1t(~ a Ch,.u.c.,~SchooL ~13~~_ IH ___ ~ ~ ~.,." I~ 13~'" ..vE , ~ ~ , 3 I~ ~~~.': ,/;- ~H .i'" sr~r-er $/'50 ;9 "\\ '. wel' Ji ~IR ~ \\ IA'2,1(Z.. .1 ''fZnd LA, 'A~ ~~ ~ ~ ~ ~ W ! ~ \A,~ ~ ~ 14Zl~ .. ~ ~ ~ W ~ ' \^~ "'11<61'\\qo I'1Znd "VE \ '~ 1...1 !II:"l,! ~f9 ~\oJ'.._I~I~ ,,~. ~ I/O ~I j!j ~ ~~ 00 ,c,.J.~ ql~ ~ ~ 1 ~ ~-#' "', ~ ,. . A, "-w, ",,,,DP ~1~1~~~n'~ ".~ ~ - ;!.l "I~ i ,~\r ...... '" t :; ~I~,... ~'\, I'll' ~" ~\:;!Xl RI~ ~ ~ ;r & '~ '" ~ tt" <:l~ "J ~ 0 -!!2~ "., , $096 -\.~ ~" ,,~ '), '\ y'o \ 14~\ 1-4-2.1.71::< ~ c; ~I';:IB!;I g>~1), .."' ~ '" '" ",1;:;J~~-tY,,1.P( I.. L.^ H.W. '\ ,1."1.....1;::'1.~.a ... ~I :;'~114-241 J5bOI;J;I~I~I~:: ~ ~';:!; ~.II+2.2.q ~ ~?A\1 ~If ~I~ gl~i~ i {, 'TO'T1tJ.. L..Drf C,4Sr tJ I' C.PD'" ~':.IC 7<: W'A ~ ~IJ;I~ ~~~ ~~I I~I~ I N.....p~.,. A8Ai~ s-r CROOKEI\ LAKE ELEM, I _..'~ ,J CITY OF L4.NDOVER REQUEST FOR COUNCIL ACTION Rural Density Policy DATE ORIGINATING DEPARTMENT Planning/Zoning ~ .~ BY: d I Arcy Bosell ~ 6 November 1990 ITEM NO, 8. APPROVED FOR AGENDA ~\. v 'AGENDA SECTION NO. Discussion BY: As you are well aware, the Metropolitan Council Rural Service Area policy has been the subject of much discussion since early June, 1990. Most particularly, the application of the 1:10/4:40 density policy and the availability of FHA mortgage insurance for those parcels of land outside the MUSA (Metropolitan Urban Service Area) boundary. I have previously provided for you, at the request of the Mayor, a draft copy of the position paper and the recommended changes which will be discussed at meetings scheduled on November 8, 14 and 15, 1990, pursuant to the schedule also attached. I have now rece~ved the final document and official notice to the City and have reviewed the final document with the praft. In comparing the two (2) documents, I find only minor changes to the final draft as noted below: sub-paragraph On re we On page 27 ... sub-paragraph 3 contains language which is no longer applicable based on the letters received from HUD (Housing & Urban Development) officials (copies of which are attached for your information). Met Council is no longer in the business of approving FHA mortgage insurance. COUNCIL ACTION MOTION BY TO SECOND BY '- o Page 2 In Re: Rural Density policy 6 November 1990 On page 28 ... in the paragraph done in italics, an additional sentence has been added and reads as follows: "The commitment to the existing one unit per 10 acre density The anal sis of the densit alternatives illustrated ~otentla lm~acts on metropo ltan systems rom lncrease evelopment ln the rural area. On page 29 ... as pointed out in my handwritten notes in the margin, two (2) options are being considered and recommendation No. 6 now reads: "Two alternatives for clustering are offered for public comment: Clusterin should be and calculated on a stan ar quarter-sectlon aS1S. Glven the 1;10 densit~, and no minimum lot size, the allowable 16 units could e clustered on a relatively small parcel of land within the 9uarter-section and the remaining land preserved. ThlS option would not prohibit clustering the allowable develo~ment from two, three or four quarter-sections to occur ln close proximity, although this is not encouraged." Option B: This language is the same as the original draft document. On page 29 ... following option B, the language of the paragraph in italics is changed to read: "The suggestion to modify the Council's clustering policy..... in italics contains the should a e Met In reviewing these changes, I do not find any substantive differences except as noted. ~) I have requested that this matter be placed on the agenda for discussion so that the City can formulate a response to be carried to the public meeting on November 15, 1990. In "- o Page 3 In Re: Rural Density Policy 6 November 1990 particular, Recommendation i7 applies to Andover as an "inconsistent community" and those recommendations should be weighed against what we currently have as far as regulations and policies are concerned, and what we would need to do in order to comply with the Metropolitan Council Rural Service Area policies. Another area for discussion would be Recommendation i3 which applies to Lot Size and On-Site Sewage Disposal Systems. You have on the agenda later in the meeting an amendment to Ordinance No. 37 which incorporates the language of MPCA 7080 into the ordinance. Ordinance No. 37 regulates the installation, permitting, remedial action, etc. Dave Almgren, Building Official, would be able to respond in more detail how that Ordinance is administered. The Recommendation also requires that an alternate drainfield be sited on the lot at the time of issuance of a building permit. This would be an additional requirement for the applicant to provide and the City to administer. In speaking with Dave Almgren, it is his feeling that because we. require 39,000 square feet of contiguous buildable area with a house pad of 150' x 150', we meet or exceed the intent of this recommendation. The Recommendation also requires that the City "develop and implement an adequate well-testing program which will detect problems with failing on-site sewage treatment systems." currently, we do not have a well-testing program for existing wells and as of January 1, 1990, the jurisdiction for well installation and inspection was taken over by the State of Minnesota. Dave Almgren advises that any issue regarding wells must now be directed to the State. I do not know what is meant by the statement that "The require all communities to certif~ they have met these ...". I would assume, however, t at if Ordinances are and published, as required by Law, that should be the certification required. Council standards adopted Recommendation i4, Transition Areas, is another topic for discussion. currently, we do not have a transition area. Perhaps that should be evaluated. It is the recommendation of the MCDC/LUAC that a very/low density be applied to those areas so that at the time the MUSA boundary is expanded, you do not encounter the difficulty associated with smaller lots; i.e., 2.5 acre parcels -v- 10 a. parcels, or larger. Recommendation i5, Density, requires an amendment to our existing plan which allows us to meet a density of 1:10 and a minimum lot size of 2.5 acres. The reference to lot size would have to be :,) deleted and just density be used. Page 4 \ In Re: Rural Density policy ~ 6 November 1990 Recommendation #6, Clustering, is another issue which warrants discussion. It is the recommendation of the MCDC/LUAC that clustering be encouraged and that the City be permitted to determine what the minimum lot size shall be. If you have 160 acres of land and allow 16:160 with a minimum lot size of 1 acre, there are 144 acres of land which would be "preserved". What happens to this preserved land? Who owns it? What tax bracket does it have? Can it be considered a taking when you cannot do anything with that land? This recommendation would fall under "Density zoning" pursuant Ordinance No. 8 and would be required to be done under a Planned Unit Development (PUD), however, the City does not allow PUD developments in the rural service area (i.e., Genthon Ponds PUD request). Recommendation #2, Land Use, simply suggests land uses which may be compatible with the MDIF, however, each City has the authority to determine which is allowed and not allowed within its jurisdiction. We do not have to allow any use which we feel is inappropriate for Andover. please bring with you the packet materials provided to you under separate cover and dated October 23, 1990. If you have any questions, please contact me so that I might answer your questions. I am at City Hall Tuesday thru Thursday, 8:00 to 4:30. / ) '\ '-..J -." . .". . ,'."::' --".. -' NOTICE OF <;:,'::-'- METROPOLITAN COUNCIL PUBLIC MEETING ":~'- ~.-. -.. :. -.... Proposed Metropolitan Council Policies for the Rural Service Area The Metropolitan Council's Metropolitan and Community Development Committee will hold three public meetings to hear comments on recommended changes to its development policies for the region's rural area. The policies are contained in the Council's Metropolitan Development and Investment Framework (MDIF). Both urban and rural communities in the region would be affected by any changes in the Council's rural area policies, because the policies are closely coordinated with those for the region's urban area. You are encouraged to participate in this meeting. When it adopted the MDIF in 1986, the Metropolitan Council decided to reexamine its policies for the general rural use area for lands not suited for agriculture. Following a public meeting held in June, at which comments and suggestions were received from a number of interested citizens and local officials, the Council's Metropolitan and Community Development Committee (MCDC) charged its Land Use Advisory Committee (LUAC) with developing specific policy alternatives. The Council will seek public comment on LUAC's recommendations, as accepted by the MCDC, at a series of public meetings. Following these meetings, the Committee will decide what recommendations should be adopted as amendments to the MDIF and other Council policy plans. The report explaining the proposed policy changes, entitled Rura/Area Policy Changes, Public Meeting Document (October 1990, Publication No. 640-90-155) is available from the Council's Data Center. PUBUC MEETING INFORMATION When and Where: Thursday, November 8,1990,2 p.m. Council Chambers, Mears Park Centre 230 E. Fifth St. St. Paul Wednesday, November 14, 1990, 7 p.m. Scott County Court House 428 S. Holmes St. Shakopee R'.' Et'~ I!""" ",,11 -D. \Jt~~t. ) ,f 'oC.2 9 1990 1 ~- ',J Thursday, November IS, 1990, 7 p.m. Bunker Hills Activity Center 550 Bunker Lake Blvd. Anoka CITY OF ANDOVER (over) ~J :J Who Will Be Notified: How To Participate: Questions: .:(\~~~~ -.. .;" --.,- '." -".'" . ~.~. . . . ....-. '..-.' ~...: _0 _ _ Rural and urban local government key contacts MetropOlitan Council Land Use Advisory Committee Interested Citizens and community organizations 1. You may attend the meeting and offer oral or written comments. Please call the Community Outreach Division at 291-6500 if you wish to register to speak. Advance registration is not necessary. 2. You may send a letter with comments by December 1, 1990 to: Carl Ohm Metropolitan Council Mears Park Centre 230 E. Fifth 8t. 8t. Paul, MN 55101 Call any of the following staff of the Council's Research and Long-Range Planning Department: Carl Ohm, 291-6507 Bob Overby, 291-6381 Anne Hurlburt, 291-6501 ---- ,..) :J '~"'M"ENro~",o .. '" € * I * ~ a .: "'9 ~ e"""DE'4t.\p Advisory Commission on Regulatory Barriers to Affordable Housing u.s. Department of Housing and Urban Development " Oct05er 24, 1990 Mr. d'Arcy Bosell, Zoning Administrator 1685 Crosstown Boulevard, NW Andover, MN 55304 Dear Mr. Bosell: This is in response to your recent letter to David Engel regarding FHA policies on minimum lot size requirements in the Twin Cities Metropolitan area. Mr. Engel is a member of my staff and provides technical support and assistance to the Advisory Commission on Regulatory Barriers to Affordable Housing. The Commission was established by Secretary Jack Kemp to study the impact of excessive or unnecessary Federal, State, and local regulations upon the cost of housing and to make recommendations for change. In following up on your letter, I have been advised that the HUD Minneapolis-St. Paul Office has reconsidered its previously announced support of the Metropolitan Council's rural density pOlicy and, effective October 23, 1990, will no longer use the 4/40 policy in the review of subdivisions or spot lot approvals. Thank you for sharing with the Commission your concerns about this matter. Sincerely, C!::s:::so~ Commission Staff Director \ 'i eeT 2 9 1990 1..J;; , .....'. 0wli...dli.;i ;J"',~"'" ------>----.-. ~ .- ; j' i I ') I;:';;; I _. , .......1:.. "',,'0,,% {:llm~~J "><9""'D("~\"O U. S. Department of Housing and Urban Development Washington, D.C, 20410-8000 f,\ \J OHICE O~ THE ASSISTANT SECRETARY ~OR HOUSING-FEDERAL HOUSING COMMISSIONER Mr, d'Arcy Bosell Zoning Administrator City of Andover 1685 Crosstown Boulevard,NW Andover, MN 55304 Dear Mr. Bosell: OCT r 8 !990 .\ > ' ,..' .j q ..~t ~.~ --.-- J '~' OCT 2 2 1990 ,-. . V.I. w~ii~"....J -..... .-' r J " I , 1. -, !~l 10 I On behalf of Secretary Kemp, thank you for your letters of September 21, 1990, concerning recent actions by our Minneapolis Office. It has been referred to this office for reply. The Minneapolis Office acted in support of the 4-40 policy of the Metropolitan Council, but did not intend that action to withhold FHA mortgage insurance from eligible properties approved by appropriate units of local government. We have instructed the Field Office to clarify its position in this matter. ( \ 'J Q Sincerely, Single Family Housing SENT BY:Xerox Telecopier 7021 :10-24-90 1~ 11:e1 12:48 COUNTY ADMIN,,, ;# 1 002 FlfA- UP D ATE --- --- --- --- --- -- --- --~ --- -- --- --- ~.ww.tI-l'f. raux. orr::tClll ~~, 1190 "...."t<t'jJli1l'l8____I~r_l. ....... ~ .,.,. .., .\ \, ~.1 D-...t~v Pall1CN' ~...fta, 1'. haft no:eLYe4 _ll)' l.ttllra f~llIII th. 11l'e~.lt.:l !J\dlTi.i!\l.l. gn U. Lmpac~ ot ou~ I~~~ of the Me1:ropol1.tu COllm:U', ~al den,Lty palLor (the 4/40 pou.ey). rAAdul, d*Veloper:., 1tuU,dua aM nal ""t. .&l.. s.t1dun~ l:ep:aHntati,... g". q1ftJl III tMiLzo ol'ia1onl en toil1. palJ.oy. A'. :e.u1t: ofl \hu llbclll.J.on, we han deDJ.~ ~a.t. we "J.11. no lmlljel: \1'. ~he -1/-40 poLLey 14 t" uvLaw ot ~J..,Ld,OIUl ~ .~ lot '"l:'O'IaJ.., '1'hLI ohaAqe L1\ local pnetlce 1111.11. la dhcti,ve Oottl~ 23, 1"0, . YOU .\'IC1l111 COfttinUI to t.'''' 1;.0 ow: r~ Updlt. (VCl:LWlle to, If~ 'I, dated A\I;\I'~' 1190, tit ~I' i: .ubdivUioft. -.ad apot . loti, AU 1 infcmat.i.aft 11) till.. .UpdaU. a:..ba j 11) force vLt.b the NO'I*LOG of ua ~ pua;npb OA BF_i DeftlJ.~Y Peliln'., . wh~Clh ~ 91:Uy ...,.x-iiile4. , , ~~.....,.",..'iII"'."f_'_..".'"""'~'" . I .. . . ..,......\:,,'......- ADDr.t.aer JIa't -....- eo.u ' ~~ In an .uUK' J1IA Update, wa remiMed you ~ HaJ:t9.~e ~1:t;a~ '0-1. ~qv.u-.. pea to UI. Gooc1 Jl.Ltb cloli.r\i ca..t. ~o ealculatl th8 awci.lDWl a l.lCl",~le IIlOrt;I9'I' 10l\IlI app:-ai.lu. and I1ftdlnlJ:1ter. appull1Uy ~ ~n.t ~h11 el~~lt~ ~h. ~4 fo~ ~he app~aL... to ut:1m&t. any 000" of Clwner.hip, ~hl apprai... .~111 =u.e e.t1alatl dw popert.y t&lC" aM the gc;o_lo IIf Q&_I&&lty in'\lJ:'&IICIII CD '11M property, WI w~~l ~1.~J:'~'. She BUD el~l.lute at mon"n~y pC'~cy u~e. .;.1n ttlh )'IU to hel., ~a1a.n ",Un tU. 1:...1&. .' VQ11aM n, .UaNr 1. r...iUlr. .....i... .ita ~u111kY B41i1.1l1l.1nq Nc:rflllDeI' 1, 1'90, "PPlldnn llI\&aI. ,~..&." the ~a1HJ:/hv1.. ~J'.1.aW CA-=JcIM-t: (IICD rOnl S48U I with .-rf' I'KA anul..1 Of p:l:OPC.ocI. ClQIlIIt:uction ...... locat..t Ln ~b11.y Q~l.t..' ~oYe4 U..I wlUoh ha.ft ftQt t>HI\ luild.ttlld to 1M) fOIr eftv1rcNllellUl lr....LH and &c:IClIpt&llee, ~1. to~ .t&nd~l..' the QFaJ..ef'l ~"ew of I Lt. 1UI4 al19~'hood condition. at~t:1n, the aClo~tlD1l1ty of t~. lot, ~~, ~.n't chang. the appra11.r" ~.pon.~J.litr for n"UwLls; tbe.. =ondlt10nl, '!1I.!.a adlUti.Ond fOI:lll So. r.1:..:5 only ~rn 'I~ let:' cor..truotion, lot. Ln .u.u.'IbLona whLcn have not bdCl I~itted f~ ~ 1~~yiliC~ apprCIV&1. ~4ftlr 1'irBt: ~,- -- ...~ OzIe of! n. DllpU'tUllt'. pri.nglp&1. 90&11 La to pccmote haul~~ fQ~ '1~.~ t1lDl h~YlIn, We &H ~1Ll\; &lPeS to npoR 'tJ'le 1NSl81: of :1:.: ti.H nr-:. who u" .I'D pJ;'~lIlIl. LI1 JUana.cta, TO ...SAt: \I, 1t1 nro~i.n9, m.... ohegk J.t- 90..6 on. the l1c.tLon fOI: H02:tq.q. InluAnCl., 92900, when ~ lIlOrt.;aiO: i. . flz.t t1M I>uyaa:. %t~ ,c:-~ need not: ~e gheClUcl, SENT BY:Xerox Telecopier 7021 :10-24-90 ; 12:49 .I.t:.V "', ;J'(J .11:..... COUNTY ADMIN.... -- :# 2 . i1U~ ' :*U~ \_:;." i tJ.s. ~rtm.nt 0' HeN"", .J UrbM !)e~lIIofl'l*ll' --."",o.o.r'''' . . OCT II ' - '\ '-..-/ _",fMI_.un UllIlET""" '011 ...-.._ Ala CClOI4IIlE_ RIU'I1ONI \~~ .~ HonorAble Rudy Boochwitz United States Senator 215 ~elloS9 Square Building 111 Eeust ltallog'1 Boulevard St. Paul, KH 55101 Dear Senator ao.chwit., Thank you tor youX' letter of Sep U1ber 20, 19~O, on behalf of poria A. H1.vala, Administrator, Ci y councJ.l of ,the Ci.ty of . HIm LAke, ehout the City'S excluden rom FHA loan appxoval (your filet 0263150025). . our Minneapolis ~ie1d Office act d in support of the 4-40 ' policy of 'the lWt.ropolitan council. ~cwever, the Qepa..l..maut ~i~ net intend that eliiible properties, ,Pfroved br appropriate ' ,un1.t. of lOCAl goverMlent, be withAsI. from PIIA JDO~I1~e insuxance. Therefore, the X1nneapol~ p~eld Off1c~ ~ been instructed to clarity its position in this matter, , x.. lUvala hlle written directly ~o this Dep~nt: reg-arclinq this s1tuation, and a aLm1lar r~.ponal has be8n S8Qt to hex, Very Di e:ely yours J e. r ~lmcthy L. Coyle Aa.i.~~ Secretorr I I. '1 -..-/ I '\ ',-) '1 j ....u....~.o Q'" l.". ; . . ~ . . ~". ~.: .....0.".....0" Ms. d'Arcy Bosell Zoning Administrator City of Andover 1685 Crosstown Boulevard N.W. Andover, ~rn 55304 Dear Ms. Bosell: U.S. Department of Houalng and Urban Dev~ Minneapolis-St Paul Office, Region V 220 Second St,eel. South Minneapolis, Minnesota 55401-2195 OOT 30 1990 In response to your letter dated October 23, 1990, on the 4/40 policy, we wish to inform you that per our FHA Update - Volume 91, Number 1, dated October, 1990 our policy which restricted the development of housing in the rural use area to 4/40 has been rescinded. For your information, we are enclosing a copy of our FHA Update. If you have any further questions, please contact John E. Buenger, Director, Housing Development Division, at (612) 370-3053. Enclosure Sincerely, -+ L . [/J~" Thomas T. Feeney r M~age< / ~) NEWS FHA UPDATE HINNEAPOLIS-ST. PAUL OFFICE october, 1990 Volume 91, Number 1 Rural Densitv Poliey Chanqe We have received many letters from the interested individuals on the impact of our support of the Metropolitan Council's rural density policy (the 4/40 policy). Lenders, developers, builders and real estate sales industry representatives have given us their opinions on this policy. As a result of this discussion, we have decided that we will no longer use the 4/40 policy in the review of subdivisions or spot lot approvals. This change in local practice will be effective October 23, 1990. You should continue to refer to our FHA Update (Volume 90, Number 7) , dated August, 1990, to process subdivisions and spot lots. All information in this "Update" remains in force with the exception of the paragraph on Rural Densitv pOlicy, which is hereby superseded. Appraiser Estimates COsts , ') " _/ In an earlier FHA Update, we reminded you that Mortgagee Letter 90-14 requires you to use Good Faith closing costs to calculate the maXimum allowable mortgage. Some appraisers and underwriters apparently thought that this eliminated the need for the appraiser to estimate any costs of ownership. The appraiser still must estimate the property taxes and the cost of casualty insurance on the property. We will distribute the HUD estimate of monthly property taxes again this year to help appraisers with this task. Appraisers Review site Acceptabilitv Beginning November 1, 1990, appraisers must submit the Appraiser/Review Appraiser Checksheet (HOD Form 54891) with every FHA appraisal of proposed construction sites located in partially completed improved areas which have not been submitted to HOD for environmental review and acceptance. This form standardizes the appraiser's review of site and neighborhood conditions affecting the acceptability of the lot, but doesn't change the appraiser's responsibility for reviewing these conditions. This additional form is required only for 'spot lot' construction; lots in subdivisions which have not been submitted for FHA subdivision approval. RepOrtinq First Time Home Buvers One of the Department's principal goals is to promote housing for first time homebuyers. We are being asked to report the number of first time buyers who use FHA programs in Minnesota. To assist us in reporting, please check item 9C-6 on the Application for Mortgage Insurance, HOD 92900, when the mortgagor is a first time buyer. Item 9C-l need not be checked. ,J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE 6 November 1990 ITEM 9. Ord. No.8 Amends. NO. Sec. 4.06, 4.21, 7.04 and R,O? BY: d'Arcy Bosell eA }~J APPROVED FOR AGENDA ,AGENDA SECTION NO. Discussion ORIGINATING DEPARTMENT Planning/Zoning BY: ~,~. The city Council is requested to adopt amendments to Ordinance No. 8 as presented in the attached amendment. The Planning & Zoning Commission held a public hearing on these changes at their regular meeting on October 9, 1990, and recommends adoption. Attached please find copies of the Planning & Zoning Commission packet materials, the minutes and the proposed amendment for your review and adoption. If you have any questions, I am at City Hall on Tuesday thru Thursday, 8:00 to 4:30. MOTION BY ,_ TO COUNCIL ACTION SECOND BY ,J Ordinance No. 8 Amendments Proposed Draft 10-09-90 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 8PPP AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ANDOVER, MINNESOTA. The City of Andover does ordain as follows: Section 4. General Provisions: 4.06 Permitted Encroachments. The following shall not be considered as encroachments on setback and height requirements, subject to other conditions hereinafter provided: (A) In Any Yards: posts, flues, belt course, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, open canopies, steps, flag poles, chimneys, ornamental features, open fire escapes, sidewalks, feaees, wall e~ fiee~es aet eHeeee~a~ S~H feLt feet ~a fie~~fit ~~eY~eee tfiey ee aet e~eate a t~aff~e fiaBa~eT aae seeeae ste~y ~~ejeet~eRs e~ eYe-fiaR~s e~ ~eef ~~ejeet~eRs Ret ~R eHeess ef tfi~~ty f~~ll+ ~Refies and window wells. thirt -six (36") inches as (B) In Side and Rear Yards (not along a street): detached outdoor picnic shelters e~, living rooms or patio decks may extend to within f~Ye f;L+ ten (10') feet of a side or rear lot line, except that no such structures shall exceed five hundred (500 s.f.) square feet. (C) On a Corner Lot: Nothing shall be placed or allowed to grow in such a manner as materially to obstruct vision between the height of two and one-half (2 1/2') feet and ten (10') feet above the centerline grades of the intersecting streets and within fifteen (15') feet of the street intersecting right-of/way lines. (D) In no event shall off-street parking space, structures of any type, buildings or other features cover more than seventy-five (75%) percent of the lot area resulting in less than twenty-five (25%) percent landscaped area in Residential Districts. :) (E) In Rear Yards: Laundry drying equipment, outdoor eating facilities, picnic tables, eetaefiee e~teee~ l~Y~R~ ~eeffiS, and recreational equipment, provided these are not less than f~Ye f;L+ ten (10') feet from any lot line. o Page Two Ordinance No. 8 Amendments Proposed Draft 10-09-90 (F) Height limitations shall not apply to barns, silos and other structures on farms; to belfries, chimneys, church spires, cupolas, domes, flag poles, monuments, public facilities, public utility facilities, smokestacks, television antennae, transmission towers or commercial and private radio broadcasting station, and parapet walls extending not more than four (4') feet above the limiting height of the building, except as hereinafter provided. (G) In Any Yards: exposed ramps (wheelchair), ~ReeYe~ea ~~eeAe5, steps, stoops, terraces or similar features, provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than three (3') feet from any lot line nor less than one (1') foot from any existing or proposed access drive. Name plate signs and yard lights in Residential Districts; plants, shrubs, trees, floodlights or other source of light illuminating authorized illuminated signs, or light standards for illuminating parking areas, loading areas or yards for safety not visible from the public right-of-way or adjacent residential property. 4.21 Fences & Walls Fences, walls and similar barriers shall be permitted in all yards subject to the following: (A) Any fences, hedges and wall~ may be located in any private yard or along a side or rear property line, except that any fence, hed~e or wall in excess of six (6') feet in height shall meet t e minimum required building setback for the zoning district in which it is located and does not create a traffic hazard. (B) Any fence, hedge, wall or similar barrier located in the minimum required front yard setback shall not be over four (4') feet in height or obstruct vision and thereby create a traffic hazard. Any such fence, hedge, wall or similar barrier shall be removed by the owner upon action of the Andover City Council. / (C) Any fence, hedge,jwall or similar barrier which is not properly maintained so as to create an eyesore or nuisance shall be removed by the owner upon action of the Andover City Council. (D) A security arm for barbed wire to a maximum height of eight (8') feet may be permitted by Special Use permit in any Industrial or €emme~e~a* Business District. ,~ (E) Fences which are for the sole purpose of containing non- domestic animals are not subject to the provisions of this Ordinance. o Page Three Ordinance No. 8 Amendments Proposed Draft 10-09-90 7.04 Uses Excluded In All Districts Automotive Recycling Yards Auto reduction yards Exterior storage of waste tires (8111, 5-16-89) Junk yards Landfills Toxic waste storage Uses which may be detrimental to the health, safety and welfare of persons residing or working in the vicinity (8WW, 10-06-87) In Gemmefeia~ Business & Industrial Districts Interior storage of more than two hundred fifty (250) waste tires (8111, 5-16-89) In Residential Districts Interior storage of more than eight (8) waste tires (8111, 5- 16-89) 8.07 Signs Except as herein amended, all portions of this section shall remain in force and effect as if the same were set out in their entirety. (D) General Provisions (3) The following signs are allowed without a sign permit: ~~ c. Election/signs are permitted in any district on private property. Such signs may be placed at s~eh time as the fi~iA~ fef saie effiee is eee~afee e~eA aAe the fi~iA~ has eee~ffee aAe m~st Be femeyee withiA SeyeA f~+ eays fe~~ewiA~ the e~eetieA eate from August 1st until ten (10) days after the general electlon. fA the ease ef a ~fimafY e~eetieAT the wiAAefs ef saie e~eetieA may *ee~ theif e~eetieA Si~AS ~~ eeAtiA~e~s~y ffem the sate ef fi~iA~ ~Ati~ SeyeA f~+ eays fe~~ewiA~ the ~eAefa~ e~eetieA. ~ :_) Page Four Ordinance No. 8 Amendments Proposed Draft 10-09-90 Adopted by the City Council of the City of Andover this day of November, 1990. CITY OF ANDOVER ATTEST: James E. Elling, Mayor Victoria Volk, City Clerk Dir:Section4.06 / / ~) Planning and Zoning Commission Meeting Minutes - October 9, 1990 Page 7 (Public Hearing: Genthon Pond - Preliminary Plat, continued) Discussion was on the Commissioners' concerns that the plat is not ready to go on because Lot 4, Block 1 is not buildable, that the two variances are not acceptable because there are alternatives, because of their sensitivity of the flood plain and wetlands area, and because of their concern over building in that area in general. MOTION by Ferris, Seconded by Coleman, that the Andover P & Z recommends to the Andover City Council denial of the Preliminary Plat of Genthon Pond Addition based upon the variances required, more specifically the variance for Lot 3, Block 2, in that it does not meet the 2.5-acre requirement in that it is only 2.2 acres in size. Secondly, Lot 2, Block 1, does not meet the minimum width at the setback requirements as required in Ordinance 8, that these two variances are not required and they can be eliminated by better planning -- more specifically, Lots 1, 2, and 3 of Block 2 is recommended to be reduced to two lots, not three, and Lot 4 of Block 1 is deemed at this time by the drawing in front of us to be unbuildable. To make it buildable would require extensive fill within the flood plain. It is our recommendation that that fil I not be done; it is not required, in that to facilitate it would be to allow a variance on Lot 2. It is therefore recommended that Lot 4 be eliminated and the width from Lot 4 be spread across Lots 3, 2, and 1, thus making all three buildable lots within the existing ordinances and also eliminate the need for fill within the flood plain of Lot 4. That this recommendation would be passed on to the City Council for their meeting on November 6. Motion carried unanimously. (Peek and Vistad absent) The matter is to go to the City Council at its November 6 meeting. (An addition to this motion was made later in the meeting) Commission recessed at 9:27; reconvened at 9:39 p.m. PUBLIC HEARING~ -'AMEND ORDINANCE 8. SECTIONS 4.06.4.21.07.03 & 8.07 r Ms. Bosel I reviewed the changes and corrections to those sections of Ordinance 8 relating to permLfted encroachments, fences and walls, uses excluded, and signs. ! There was no pUblic testimony on this item. Chairperson Pease asked 'for a motion to close the public hearing. ~) MOTION by Ferris, Seconded by Coleman, to close the pUblic hearing. Motion carried unanimously. . r. Planning and Zoning Commission Meeting '\ Minutes - October- 9, 1990 '-.j Page 8 , (Publ ic Hear-ing: Amend Or-dinance 8, Continued) MOTION by Fer-r-is, Seconded by Coleman, that the Planning and Zoning Commission pass on to the City Council for- r-ecommendation to appr-ove the changes to Ordinance 8, Sections 4.06, 4.21, 7.04, and 8.07 as pr-esented by Staff in their letter- of 9 October 1990; that a public hearing was held and that there were no voices br-ought forth. That this be pr-esented to the Andover City Council on their meeting of November 6. Motion carried unanimously. GENTHON POND PRELIMINARY PLAT. CONTINUED MOTION by Ferris, Seconded by Coleman, to reconsider my motion on Genthon Pond Preliminar-y Plat. Motion carr-ied unanimously. MOTION by Ferris, Seconded by Coleman, at the end of the motion state that a public hearing was held and that ther-e wer-e two Andover- residents that did br-ing forth concerns with regards to the density of the pr-operty under- the proposal, and that both of these r-esidents felt that the granting of variances was not in the best inter-est of the City nor- is it in the best inter-est to the area around it. They specifically support the recommendation made by Planning and Zoning that those variances in terms of lot size and setback not be allowed, thus reducing the impact to the area from 12 lots down to 10 as the motion recommends. Motion carr-ied unanimously. PUBLIC HEARING CONTINUED: ORDINANCE NO. 29. DISEASEED SHADE TREES Mr. Carlberg recommended this item be tabled until they obtain fur-ther information from the County's Oak Wilt/Diseased Tree Hotland and the Department of Agriculture. MOTION by Ferris, Seconded per the request based upon Stephenson, continue it to by Coleman, that we table this item as further input from Janette Monear and David October 23. Motion carr-ied unanimously. OTHER BUSINESS // II / " Commissoner Coleman r-eported'on a Star City Confer-ence held last week. One of the points br-ought out was that within five to ten years, people will not be able to give away quite a few houses in the Twin Cities area because of the overbuilding, especially single-family subur-ban type homes. He felt things were presented that should be thought about as the Comprehensive Plan is updated. He also pr-esented ) a brochur-e. o CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION 9 October 1990 DATE - , AGENDA ITEM 5. Ordinance 8 Amendments - Public Hearing: Sections 4.06, 4.21, 7.04, 8.07 ORIGINATING DEPARTMENT Planning/Zoning ~~~ BY: d' Arcy Bosell ~ J APPROVED FOR AGENDA BY: The Planning & Zoning Commission continued discussion on several Ordinance No. 8 Amendments to allow for publication of a Hearing Notice. Said Notice has been duly published and discussion is now proper and in order. As you will note, there are four (4) sections of Ordinance No.8 that are amended, and I will attempt to explain each change below. Section 4.06 Permitted Encroachments As noted previously, at the request of Dave Almgren, Building Official, changes have been proposed in this section of the Ordinance to bring it in line with the Uniform Building Code (UBC). Specifically, we have added "window wells" as permitted encroachments and increased projections to thirty-six (36") inches. We have moved the reference to "fences, walls or hedges" to Section 4.21 Fences & Walls so that there is one place in the Ordinance to obtain detail about this use, not two. The setbacks have been increased to ten (10') feet to be consistent with Section 6.02 of Ordinance No.8. "Uncovered porches" have been deleted because it is inappropriate. In some instances, that has been an issue as to whether or not the addition was a "deck" or "uncovered porch" and by deleting this reference, it removes the conflict for interpretation. Section 4.21 Fences & Walls "Hedges" has been added too/this section (from Section 4.06). This change is important ih light of the many properties which have located, fences, shrubs, hedges, boulders, etc. within the street right-of-way and not on private property. Also, to clarify which yard we are talking about, I have proposed that the word "private" be added. Subsection A attempts to incorporate the intent in Section 4.06 as far as height, setback and traffic hazards. '~ "Hedges, fences and walls" have been added as noted to be consistent throughout the section. o Page Two In Re: Ordinance No.8, Sections 4.06, 4.21, 7.04 and 8.07 Public Hearing 9 October 1990 In Subsection D the reference to "Commercial" has been changed to "Business" since we do not have commercial districts within the City. Section 7.04 Uses Excluded ... In anticipation of Ordinance No. 44, the Junkyard Ordinance, being updated and expanded as to name, it is recommended that we include "Automotive Recycling Yards" as a use excluded under the Ordinance. With the adoption of aWN, auto reduction yards and junk yards were no longer permitted uses in any district. It is not intended to imply with the renaming of Ordinance No. 44 that Automotive Recycling Yards was a permitted use, accessory use or special use, and by including reference to said use in Section 7.04, it should clarify that that is the intent. Section 8.07 Signs ... With the enactment of the 1989 Laws by the Minnesota Legislature, this section of Ordinance No. 8 needs to be amended to be consistent with those law changes. Basically, the law provides that "Cities are not permitted to enact ordinances regulating the size of campaign lawnsigns (non-commercial signs) from August 1 in a State general election (even-numbered) year until ten (10) days after the general election." The proposed amendment simply brings our sign regulations into line with the current law. If you have any questions in regard to any of the changes, do not hesitate to contact me at City Hall. My hours are Tuesday, Wednesday and Thursday from 8:00 to 4:30. / ~ ..f-"._">:.~..:c....:....--....,_. ~-.- ..~------ .._~- -.....-..- -- ~ 58S- as * Election judges must mark the polling place roster to indicate that the voter has cast an absentee ballot when the return envelope has been marked WacceptedW~ * If a voter on the list of permanently disabled absentee voters wishes to cast a ballot at the polling place, election judges must contact the absentee ballot board to determine if an absentee ballot has already been cast. If it is determined that no absentee ballot has been accepted, ~he individual is allowed to vote in person~ * The absentee ballot board must indicate on the absentee voter list that the voter has cast a ballot at the polling place and no absentee ballot may be counted for that voter~ * The secretary of state is required to evaluate the permanent absentee voter application list and voting procedures for the 1992 state legislature~ Election Materials, Mailed Ballots, etc.: * County auditors must complete preparation of election materials and make them availble to city clerks at least 4 days before state primary and qeneral elections (instead of one week)~ * County auditors must send mailed ballots to voters registered in towns and unorganized territories at least 14 days prior to the mailed ballot election (instead of 18 days)~ * cit, clerks must return all voter reqistration cards to after the polls close~ No Limits on size of campaiqn Lawnsiqns: and com lete auditor within 48 hours the size state / ~J ',-J '\ '-J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mn'7omh9~~. 19PO AGENDA SECTION NO. Staff, Commi ttee, Comm. ORIGINATING DEPARTMENT Finance APPROVED AGENDA \\ \ BY: '\ ~ FOR ITEM 10, NQ Classification of Fire and Rescue Pers Howard D. Koolick BY: Fin;:,n,..p n~ .."'...+-n.. ~ REQUEST The Andover City Council is requested to review the attached research and determine the proper classification for reporting to the IRS of the City's volunteer fire and rescue personnel. BACKGROUND In their management letter, George M. Hansen Company, P.A. commented that it was their belief that firefighters (and rescue personnel, I believe) should be classified as employees for reporting to the IRS instead of independent contractors. The proper status for these individuals needs to be dete~mined. Should the IRS determine they are employees and the City not treat them as such, the City could be liable for the federal income tax withholding. Determining the status will have no effect on the operations of the fire department. The only impact will be if they are paid through payroll (and hence are subject to income tax withholding) and issued a W-2 or if they are paid through the regular disbursement process and issued a 1099 at year-end. The determination of employee or independent contractor being made here is solely and only applicable to the method in which they are paid. This classification does not effect the operations or mangagement of the fire department. COUNCIL ACTION MOTION BY TO SECOND BY \J ,,:J Determining the proper status is based on IRS Tax Code and, lacking specific IRS Code Sections, common law standards applicable in determining employer-employee relationships. IRS revenue ruling 70-484 spoke to the issue of whether volunteer firefighters in the State of Pennsylvania were exempted from FICA and FUTA. This ruling held that while they are exempted from "employment" for the purposes of FICA and FUTA, wages paid are subject to federal income tax withholding. While I believe the revenue ruling would be adequate grounds for the IRS to classify volunteer firefighters as employees, I have also reviewed the common law standards in an effort to determine the proper classification. Twenty factors, developed from reviewing court cases and rulings, are used to determine under common law whether the employer-employer relationship exists. Generally, the relationship of employer and employee exists when the employer has the right to control and direct the individual who performs the services. The degree of importance of each factor varies depending on the occupation and context of the work performed. Each factor is discussed below. RESEARCH 1. Instructions - If a person is required to comply with the City'S instructions about when, where and how to work, he or she is ordinarily an employee. Ordinance 42 establishes the Fire Department and sets the rules for governing thereof. It requires the Chief, as weather allows, to hold monthly practice drills to give the firefighters instructions on approved methods of firefighting. It does not directly require specifics of when, where and how to fight fires. 2. Training - Training an individual or requiring attendance at meetings indicates that the desire to have the work performed in a particular manner and therefore the individual is an employee. Section 9 of Ordinance 42 states that a member absent from three consecutive drills or meetings shall forfeit membership. Also, the City pays for training of firefighters. Both these facts point to an employee-employer relationship. ~) :.J 3. Integration - Integration of the services into the business operations generally shows control. While the operation of the fire department is somewhat autonomous, their operations are funded by the City and included in the City's General Fund Budget. 4. Services Rendered Personally - If the services must be rendered by a specific individual, the City is interested in the methods as well as the results. A firefighter does not have the right to send a substitute in his/her place. A firefighter must be a member to attend meetings and fight fires. This indicates the services must be performed by specific individuals. 5. in Assistants - If the City asslstants, ere is workers and therefore they The City approves the election of officers. There- fore, the officers definitely meet this criteria. Section 10 of Ordinance 42 gives the city Council the authority and responsibility to set compensation for all fire fighters. 6. continuin6 Relationship - A continuing relationship between t e worker and the City indicates an employer- employee relationship. A volunteer firefighter does not need to be approved by City Council each year. This points to a continuing relationship and therefore an employee- employer relationship. 7. Set Hours of Work - Set hours of work indicates control. On call firefighting, by its nature, does not lend itself to set hours. '~ 8. Full Time Required - If the worker must devote substantially full time to the work, the city has control over the worker and is therefore an employee. Since the firefighters are volunteers and not paid firefighters, this factor does not apply. 9. Doing Work on EmQloyer's premises - If the work could be done elsewhere, but is performed on city premises, an employee-employer relationship is suggested. By its nature, fighting fires does not lend itself to being performed in one place. 10. Order or Sequence Set - If the work must be performed in an order or sequence set by the city, the worker is not free to establish his own pattern of work and is therefore an employee. There is no portion of Ordinance 42 specifically setting the order or sequence to follow at a fire. 11. Oral or written Reports - A requirement to submit reports to the City indicates control. Ordinance 42, Section 6 requires the Fire Chief to report, at least, semi-annually on the needs of the department. Also, he is required to report on any suspensions at the first meeting after the suspension. 12. Payment by Hour, Week or Month - Payment by the hour, week or month points to an employee-employer relationship. Payment to the officers of a monthly wage classifies them as employees. Paying the membership annually based on attendance and work performed appears to also classify them as employees. Even though the intent of the point pay was as a reimbursement of expenses, since they do not submit actual expenses for reimbursement, it is considered a wage by the IRS. :-J ~ 13. paament of Business and/or Trade Expenses - If the city or inarily pays the worker's business expenses, the worker is an employee. The City pays all operating expenses of the firefighters including supplies, insurance, training, etc. 14. Furnishing Tools and Materials - The fact that the City furnishes significant tools, materials and other equipment tends to show the existence of an employee- employer relationship. The City furnishes trucks, equipment and materials to be used for firefighting. 15. Significant Investment - A worker who invests in facilities that are not typically maintained by employees, tends to be an independent contractor. Since the City provides the major equipment and materials needed, the individual firefighters cannot be considered to have made a significant investment. 16. Realization of Profit or Loss - A worker who can realize a profit or loss is generally an independent contractor. The business of fighting fires is not a profit or loss type business. This factor would, therefore have less weight than others. 17. Working for More Than One Firm at a Time - A worker who performs the same service for a multiple of unrelated companies at the same time is considered an independent contractor. It is possible for a firefighter to provide his services to more than one fire department. However, since he does not own his own equipment, I believe he would be considered an employee of both fire departments. ~ o 18. Fire fighting is not a service that lends itself to being offered on the open market. This factor would, I believe, have little influence in determining the employee/independent contractor question. 19. Riaht to Discharie - The right to discharge a worker in icates an emp oyee-employer relationship. An independent contractor cannot be fired as long as he/she produces a result that meets the contract specifications. Ordinance 42, Section 4 implies that the City Council has the right to discharge any member suspended by the Chief for refusal or neglecting to obey orders. 20. Right to Terminate - If the worker has the right to terminate his relationship with the city without incurring liability, an employee-employer relationship is indicated. Firefighters are not obligated to stay with the department for a specified period of time. Therefore, they can terminate service at any time without incurring a liability. In addition to the above analysis, I contacted a number of cities to determine how they handle paying volunteers. The cities of Ramsey, Anoka, Savage, Roseville, Columbia Heights, Maple Grove, Brooklyn Center and Brooklyn Park all report on W-2s. In addition, Chaska reports the monthly payments for officers on a W- 2. The point pay is paid in a lump sum to the relief association, who disburses it to the members. The cities of Coon Rapids, Farmington, Mound and Ham Lake use 1099s. The cities of Blaine, Shoreview, Mounds View and Maplewoood are all members of joint powers agreements with independent fire companies. FINANCE DIRECTOR'S CONCLUSIONS It is my belief that the City's volunteer firefighters should be classified as employees for purposes of reporting to the IRS. Changing from 1099's to W-2s will only impact the method of payment and the type of form used at year-end. It will not affect the operations of the department in any way. :) o This conclusion is based on the following factors: 1. The City provides the firefighters with training, all major necessary supplies, materials and equipment and provides worker's compensation and life insurance to these volunteers. 2. The City Council has a number of personnel related responsibilities including setting compensation, approving election of officers, the authority to discharge a member and requiring notification of a suspension. 3. The City has an ongoing relationship with its firefighters and requires the work to be done by the member (i.e. the member cannot substitute an individual in their place). 4. Revenue Ruling 70-484 has set a precedent that volunteer fire fighters for a city that supplies the major equipment are considered employees for the purposes of federal income tax withholding. The above analysis applies the factors to the fire department. The rescue squad is more difficult since there is no ordinance establishing them. However, I believe that the rules that govern them are similar enough to provide the same conclusion. Should the City Council disagree with this conclusion, they should then discuss whether the officers should be considered employees since they are compensated monthly for the additional time required. EFFECTS OF EMPLOYEE CLASSIFICATION Should the City Council decide to classify the firefighters and rescue workers as employees, there would be only minimal differences to the City and the volunteers. The City would issue a Form W-2 to each individual instead of a Form 1900-MISC as has been done in the past. In addition, the City will need to withhold state and federal income taxes. These employees are not subject to FICA withholding. Section 218 of the Federal Social Security Act and State Statute Section 355 provide that in order for an employee to be subject to FICA withholding, they must be eligible for membership in PERA. However, firefighters hired after April 1, 1986 would be subject to Medicare withholding and the city would be liable for a matching contribution at a rate of 1.45% of gross pay. o o ~ ) '~ The individuals would receive a W-2 instead of a Form 1099-MISC. Both are included in adjusted gross income (AGI) and therefore, the change would not affect income on their tax returns. However, it would affect the deduction of expenses. Employees can deduct business expenses in excess of 2% of AGI, while independent contractors can deduct 100% of expenses on Schedule C. In either case, the individual must be able to determine actual or estimated expenses incurred. CITY COUNCIL OPTIONS 1. Classify the City's volunteer firefighters and rescue workers as employees and direct staff to have the proper paperwork completed prior to making payment as part of the normal payroll process. This will result in the individuals being paid within the next week or two depending on how quickly the paperwork can be completed. 2. Classify the City's volunteer firefighters and rescue workers as independent contractors and continue to pay them through the disbursement process. Payment would then be approved by the City Council at the next meeting. 3. Classify the City'S volunteer firefighters and rescue workers as independent contractors and classify the officers as employees. Point pay would then be paid through the disbursement process and the officers would be paid monthly as part of the payroll process. 4. Request additional information. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION November 6, 1990 ITEM 11. Joint Powers Agree. NQ Fiscal Disparities DATE ORIGINATING DEPARTMENT Administration Howard D. Koolick ~ Finance Director BY: AGENDA SECTION NQ Discussion Items APPROVED FOR AGENDA 0.6, BY: REQUEST The Andover City Council is requested to consider the attached agreement with Charlie Weaver to represent the City on the fiscal disparity issue similar to the agreement entered into two years ago. BACKGROUND This item was discussed at the last meeting and tabled pending research on whether the budget can be amended prior to the public hearing. The truth-in-taxation laws do not allow increasing the tax levy after initial adoption, however, the budget can be amended, increased or decreased at any time. If the City Council is interested in amending the budget, a motion to that effect should be passed. At the public hearing, the amended budget would then be approved. MOTION BY '\ "----" TO COUNCIL ACTION SECOND BY -\] ,,) ~~.i ,,_,~_,~ ?~~~~' Ii ~:ii .- ~ ~.~-""'" ;. ~ ' , ' ~._;..:.,_. "::\.~.7 ~ ((. Ci ~__ I: ("'- , I / City of Blaine 9150 Central Avenue N.E.. Blaine. Minnesota 55434 September 17, 1990 (612) 784-6700 FAX (612) 784.3844 Mayor Jim Elling Ci ty of Andover 1685 Crosstown Blvd. N.W. Andover, Minnesota 55304 Dear Jim: Enclosed please find a proposed Joint Powers Agreement for representation on the fiscal disparity issue from September 1, 1990, until the end of the 1991 legislative session. It is almost exactly the same agreement entered into two years ago, but the numbers on page two being based roughly on population distribution. If you have any questions, please don't hesitate to contact Charlie Weaver or me; and, obviously, Mr. Weaver would be very happy to appear before your city council to explain the current status of the proposed changes in the bill and the effect on your city. This will be a very important issue for us this session, and our combined effort will be necessary if we are to keep fiscal disparities from being eroded. I will be looking forward to hearing from you at your earliest convenience, and hope that you will join with us in the effort. Sin~Y. Elwyn Tinklenberg Mayor, City of Blaine /: // ET:jmn (' '1 . \J (- \, ) DRAFT 9111/90 JOINT POWERS AGREEMENT FOR LEGISLATIVE SERVICES This Agreement, is made and entered into this _ day of , 1990, by and between the COUNfY OF ANOKA and the cities of COON RAPIDS, BLAINE, ANOKA, CHAMPLIN, BROOKLYN PARK, ANDOVER, RAMSEY and HAM LAKE, hereinafter referred to as the "Agencies", and Charles R. (Chuck) Weaver, hereinafter referred to as the "Legislative Counsel". WITNESSETH: WHEREAS, the Agencies desire to have their interests represented in the Legislature; and, WHEREAS, the Legislative Counsel has the necessary expertise to provide such services; and, WHEREAS, the Agencies agree that it is in their best interest that the cost of retaining said professional services be shared; and, WHEREAS, this Agreement is made in accordance with the provisions of Minn. Stat. H71.59, authorizing two or more governmental units to enter into an agreement for the joint and cooperative exercise of any power common to the contracting parties: NOW, THEREFORE, it is mutually agreed and stipulated: 1. PURPOSE The purpose of this Agreement is to provide for cooperation among the Agencies to retain the services of a designated person of the Legislative Counsel, and other persons as they deem appropriate and acceptable to the Agencies, as a lobbyist to represent the interests of the Agencies in the Legislature, regarding the fiScal displ!~ties affecting the Agencies. 2. SERVICES The Legislative Counsel shall implement a plan to represent the interests of the Agencies before various committees and members of,the Legislature, and other such services as required by the Agencies. /1 3. TERM The term of this Agreement shall commence on September 15, 1990, and shall continue through two weeks after the end of the regular 1991 legislative session, unless terminated as provided herein. ,.~-.J DRAIT 9/11/90 4. COMPENSATION AND BILLING The Agencies shall compenSate the Legislative Counsel in an amount not to exceed the total sum of $41,750.00, based upon the hourly rate of the Legislative Counsel. In addition to the charges based upon hourly rates, the Legislative Counsel will be reimbursed for all expenses incurred in connection with performing legislative services under this Agreement as approved by the Agencies. The Legislative Counsel shall submit a monthly statement to the Agencies for services provided under this Agreement and shall be paid the by the Agencies within 45 days from receipt of said statement. 5. REPORTS At the request of the Agencies, the Legislative Counsel shall report to the Agencies, either orally, or in writing, the services that have been provided pursuant to this Agreement. The designated representative shall keep all Agencies informed of the activities of the legislative Counsel. 6. NOTICES All notices or communication between the parties required under this Agreement shall be given to the designated representatives as follows: For the Agencies: John "Jay" McLinden Anoka County Administrator Courthouse Anoka, Minnesota 55303 For the Legislative Counsel: Charles R. Weaver Suite 250 8990 Spring Brook Drive Coon Rapids, Minnesota 55433 , ' // II to the Legislative Counsel shall be allocated among the 7. ALLOCATION OF COSTS The maximum payments made participating Agencies as follows: ~) ~ \ ,,-) DRAFT 9/11190 County of Anoka: City of Coon Rapids: City of Brooklyn Park: City of Blaine: City of Anoka: City of Andover: City of Ramsey: City of Champlin: City of Ham Lake: $9,000.00 $9,000.00 $9,000.00 $6,500.00 $2,500.00 $1,750.00 $1,750.00 $1,750.00 $ 500.00 $41,750.00 maximum total 8. DISBURSEMENT OF FUNDS All funds disbursed by the parties pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. 9. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the Agencies in conformance to the State Laws. (, 10. STRIcr ACCOUNTABILITY ". . .~) A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. 11. TERMINATION This Agreement may be terminated without cause by either party at anytime by providing written notification to the other party, provided that the Legislative Counsel shall be entitled to payment for services rendered prior to the date of termination. 12. ADDITiONAL PARTIES Other cities or townships may join the,Agencies by executing a counterpart to this Agreement by filing the same with the designated re?resentative of the Agencies. / .I 13. ENTIRE AGREEMENT It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the ,~ \ '--) DRAFT 9111190 provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written below. COuNly OF ANOKA CHARLES R. WEAVER By: By: Dan Erhart, Chainnan Anoka County Board of Commissioners Charles R. Weaver Date: Date: CITY OF COON RAPIDS CITY OF BLAINE By: By: Its: Its: Date: Date: CITY OF ANOKA CITY OF ANDOVER By: By: Its: Its: Date: Date: CITY OF RAMSEY ,//' CITY OF HAM LAKE By: By: Its: Its: - ) Date: Date: ''\ ,-J :J CITY OF BROOKLYN PARK, By: Its: Date: MKD\CONTRACl\WEAVER.CO~ll.90 I . j/ ,/ DRAFT 9/11/90 CITY OF CHAMPLIN By: Its: Date: \~ , '\ '-../ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION November 6, 1990 DATE AGENDA SECTION NO, Staff, Committee, ('nmm; C! c,; nn ITEM 12. Fire Station #2/ NO. Eminent Domain Acnuisition ORIGINATING DEPARTMENT Engineering ~ APPROVED FOR AGENDA BY, \\. BY: 'l'n..-l..-l"T u~~~ The City Council is requested to approve the beginning of the Eminent Domain Acquisition process for Fire Station #2. COUNCIL ACTION MOTION BY TO SECOND BY ,J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nn"omhqr l:i. l~~Q AGENDA SECTION ORIGINATING DEPARTMENT APPROVED FOR NO. AGENDA Engineering ~ BY: \~. ITEM NO. 13. Order Survey/ Todd J. Haas Fi re Station 1I2 BY: The City Council is requested to contract with Hakanson-Anderson Associates, Inc. to do the survey for Fire Station #2. The estimated cost to survey Fire Station #2 is $1,135.00. We received proposals from two other surveyors. Hakanson-Anderson Lot Surveys Company Caine and Associates $1,135.00 $1,300.00 $1,400.00 - $1,700.00 Note: Caine and Associates is doing boundary and topograhic surveys for Fire Station #1, COUNCIL ACTION MOTION BY ~J TO SECOND BY o -.) III Hakanson Anderson Assoc..lnc. Engineers. Surveyors &. Landscape Architects October 29, 1990 Todd Haas city of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Re: Fire station No. 2 - Proposed site Dear Todd: We propose to furnish a boundary and topographic survey of the site for Fire station No.2 at a cost of $1,135.00. If you select our proposal, we would like to meet you on the site to verify the location with you. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. ~d~ J m M. Winter, RLS /mlc / 222 Monroe Street Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 LOT SURVEYS COMPANY ItAYMONDA. PAASCH "NN. Rea. NO. 6743 'J lAND SURVEYORS ItEOISTEUD UNDElt LAWS OF STATE OF MINNESOTA 7601 . 73rd Ave. No. Mlnnllpolll. MI""llOla55428 S6o-3093 October 30, 1990 Mr. James Schrantz City Manager City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 REI Survey for Fire Station No. 2 Site Dear Mr. Schrantz: Todd Haas asked that we write you with an estimate on the following surveying work on the Fire Station property. 1. Boundary survey 2. Prepare property description 3. Locate all improvements and encroachments 4. Topography ~. Prepare drawing and prints The cost of the above 5 items will not exceed $1,300.00. We will proceed with the survey within 2 days of your authorization and will have a completed drawing within 14 calendar days. Thank you for considering us for this work. _~~~xolJ.~_a~e any l:Iuestions, please call. ~ ."-' ..._-. - - "--_.-. . .... -- . . .~.. J2~. A. Prasch, R.L.S. -"-RAP/tp :.J .\ . J '--JEFFREY N. CAINE U.S. fI Caine k Assodates J:.and Surve!lors, lnt. 17720 HIGHWAY 65 HAM LAKE, MINNESOTA 55304 434-7646 ,'" Ei'~~"-' Hr:~;J;~lD ,~ October 25, 1990 Mr. James Schrantz, City Manager City of Andover 1685 Crosstown Blvd. NW. Andover, MN. 55304 CITY OF ANDOV'::R RE: Estimate for survey of Fire Sta. No. 2 Dear Mr. Schrantz: At your request, I providing the City topographical survey will be located: am of of sending you the following estimate for Andover with a boundary survey and the property where Fire Station No. 2 I will provide the City of Andover, Minnesota, with a boundary survey and topographical survey of the property located in the Southwest Quarter of the Southwest Quarter of Section 8, Township 32, Range 24, Anoka County, Minnesota (proposed site of Fire Station No.2) for $1400 to $1700, not to exceed $1700.00. The survey will be done per specifications set forth by Thomas R. Anderson of Bonestroo, Rosene, Anderlik & Asso. in a letter to you dated Sept. 13, 1990. Thank you for the opportunity to submit this proposal. If you have any further questions, please feel free to contact me. Yours truly, Caine & Associates, Land Surveyors, Inc. ~ . / c:JV/ -J -?7... ~"... ~ . . ~effrey N. Caine,Piesident :) ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 6, 1990 ITEM NO..! Boundary Comm. fr. ORIGINATING DEPARTMENT Boundary Comm. ~ BY: D. Almgren APPROVED FOR AGT~. BY: AGeNDA SECTION NO. Staff, Committee, Comm The Boundary Commission held its first meeting on October 23, 1990 to discuss the problem with the legal descriptions in Auditor's subdivision 82. The Commission agreed that Caine & Associates would do the survey work and Liberty Title would be doing the abstract work. The City Council is therefore requested to authorize up to $20,000 for Liberty Title and Caine & Associates to do the necessary work. MOTION BY '\ \.J TO COUNCIL ACTION SECOND BY (j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION November 6, 1990 DATE ITEM Approve Joint Powers NO. Agreement/CDBG Funds IS:' Ci tv of Blaine ORIGINATING DEPARTMENT ~/) Planning 1C... David L. Carlberg, city Planner BY: APPROVED FOR AGENDA \\. BY: AGeNDA SECTION Staff, NO. Committee, Commission REQUEST The City Council is requested to approve the Joint Powers Agreement with the City of Blaine for the transferring of Community Development Block Grant Funds (CDBG) in the amount of $40,000. The funds will be used for the construction of a Senior Housing project. The CDBG funds transferred will be made available to the City of Andover for the 1991 fiscal year. MOTION BY -" ........J TO COUNCIL ACTION SECOND BY NOV-01-1990 10:12 FROM CITY OF BLAINE TO 7558923 P.02 ,.J ~/ ~/ ~/ ~/ 'Q/ ANDOVER - BLAINE JOINT POWERS AGREEMENT THIS AGREEMENT MADE AND ENTEREO INTO this day of November, 1990, between the City of Andover, located in ~County of Anoka, State of Minnesota: and the City of Blaine, located in the coun- ties of Anoka and Ramsey, State of Minnesota; WITNESS: WHEREAS, the City of Andover has $40,000 in uncommitted CDBG funds that it risks losing if it is not committed by December 31, 1990; and WHEREAS, the City of Blaine has a need for $40,000 in CDBG funds for its Senior Housing Project: and WHEREAS, said communities recognize the need to assist each other in 'the exchanging of CDBG funds; and WHEREAS, the parties are desirous of exercising a power common to each of them. pursuant to the JOINT EXERCISE OF POWER ACT, Minnesota Statutes 471.59, and in order to efficiently allocate the use of Community Development Block Grant Funds, the parties do agree as follows: 1. That the City of Andover will cause a transfer of $40,000 in CDBG funds to the City of Blaine, in such a manner as is permitted and required by all applicable statutes, codes or regulations; , 2. The City of Blaine pledges to cause a like transfer of $40,000 of its 1991 CDBG allocation to the City of Andover. I / .J l'1UV-~J.-J.JJ~ J.~. J..c:. rrc;.ul'j '-'.1 I I Wi -OL-H.LI'lt:. ~ ~" ~l;-;'- ~ ;.- ;.- .\ \.J ~-J ~u IN WITNESS WHEREOF, this Agreement has been on behalf of each of the communities hereto as year first above written. CITY OF BLAINE By: Name: Elwyn Tinklenberg . Ti tIe: Mayor By: Name: Donald G. Poss Title: City Manager ATTEST: Municipality's Clerk / CITY OF Ai-mOVER By: . (::>::>I;j~<<~ 1-'.03 executed by and of . the date and Name: Title: Municipality's Clerk TOTAL P.03 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE I\Tnuomher 9, 1990 AGeNDA SECTION NQ Discussion Items ORIGINATING DEPARTMENT Finance APPRoveD FOR AGENDA ITEM NO. /~. Fuel Use age Refund BY'. Howard D. Koolick ~ "'~n..n,.,o n~.."",.,+-n.. Byf if . REQUEST The Andover City Council is requested to review and provide direction regarding the enclosed letter and application for crude oil refund. BACKGROUND This letter was received by the Mayor and forwarded to me. I have contacted the Better Business Bureau who had no information on the organization. I also contacted the City Attorney and League of Minnesota Cities. Attached you will find a letter from the League summarizing their research. I called Petroleum Funds, Inc. in Tennessee. They have represented 142 school districts within the state of Minnesota. As the letter indicates, there is no cost to the City until we receive a distribution. At that time, they keep a $25 filing fee and 20% of the amount paid. Based on the most recent distributions, the City would net $408. In addition, they would monitor future pools to ensure the City is paid. We could prepare the necessary information ourselves, however, it would be very costly to accumulate the usage records from 1973 thru 1981. Should the City Council be interested in submitting an application, the Mayor or Finance Director should be authorized to sign the application and submit it to Petroleum Funds, Inc. and the Office of Hearings and Appeals of the U.S. Department of Energy. COUNCIL ACTION ." '-J MOTION BY TO SECOND BY PETROLEUM FUNDS, Inc. , P.O. BOX 1380 / 309 N. MARKET st., PARIS, TN 38242-9986 PH. (901)-642-1208 ,J october, 5th, 1990 RE: ~FUND for your overpayments of up to $0.0015 per gallon for petroleum products your municipality purchased from Aug 19, 1973 through Jan 27, 1981 (95 months of overcharges). JAMES ELLING Accounts Receivable Dept. Municipality of ANDOVER 1685 CROSSTOWN BL NW ANDOVER, MN 55304 Dear JAMES ELLINGj This will only take about ten minutes of your valuable time to recover up to $ 1,003.00 for your municipality. We have spent tens of thousands of dollars to simplify this recovery for you. Will you please give us that ten minutes? Enclosed please find the required form to be filed with a department of the Federal Government. It requires the verification of your municipality's name and address, your contact person, your signature, title and FID # on the first page, after reading both pages of the claim. In item 1, Page 1, please tell us the method used to identify your city such as "City of", "Town of", "Village of" etc. Please PRINT your contact person's name just in front of your phone number. It costs Ohly a stamp and 6 sheets of copy paper unitl recovery of the the Refund. Make this your personal project for your city. Make three copies of the 2 paqe form. Keep one for your files. Place the oriqinal and one copy in the envelope addressed to the Office of Hearings & Appeals, Dept. of Energy, Washington DC. Place a 25 cent stamp on that envelope and drop in in the mail. Please don't mail it back to us as the earlier the claim is filed, the better chance we have of receiving a larger refund. Then using the enclosed postage free business reply envelope, mail us a completed siqned copy of the two paqe application. That is all there is to it. We just have to wait several months for the claim to be processed, as there have been over 81,000 ~laims filed and you have just gotten in on the very end of the process. Of course we will charge a fee for this service, but only when the refund money is recovered. See the fee schedule just above your signature on the fist page of the application. Please do not send any fees I You pay onlY on payment of the refund. To learn about all the details, plyase read the enclosed page entitled "Why". If that doesn't explain every thing.to your satisfaction, then give us a call, toll free, at 1-(800)-545-9640. Please don't discard this without giving us a call. Time is of the essence, as the later we file, the less money you may receive. ;;;.tfU;P; ~.. Wm. Dan Brown :) WDB/kb #2,465 APPLICATION FOR CRUDE (Page 1) OIL REFUND RF-272- 1. Name of applicant city: Address: ANDOVER, MN (a municipality) 1685 CROSSTOWN BL NW ANDOVER, MN 55304 ,J Names under which city did business between August 19, 1973 and January, 27, 1981: CITY of ANDOVER, MN GROW TOWNSHIP (August 19,1973 - November 12. 1974) Applicant's contact: HOWARD KOOLICK, FIN. DIR. Tel. (612) 755-5100 2. To Whom should refund check me made out ? THE ABOVE NAMED MUNICIPALITY or: Petroleum Funds, Inc. Address to which check should be sent: Agent contact & phone: POB 1380 Paris, TN 38242-9986 Wm. Dan Brown Tel (901)-642-1208 3. Describe the nature of your business. How did you use the petroleum products? operation of a Municipal Government. Products used in city vehicles and other uses. 4. (a.) Total gallonage for which refund is requested? 669, 093 Gal. (b.) Please Identify the source or records used to determine this figure. (e.g. invoices, tax returns, general ledger or estimates). If you estimated this figure, please explain fully how you arrived at the estimates. See attached estimate paqe, usinq municipalities in the State of MINNESOTA that have previously filed in these proceedinqs. Method of estimation furnished by aqent, but I aqree that this is a loqical estimation method in lieu of records. I take no responsibility for the underlyinq data from which the estimate was derived. I hereby authorize Petroleum Funds, Inc. to retain a filing fee of $25 and a commission of 20% (Twenty percent) from any refund recovered by the filing of this application. If there is more than one payment under this application, then an additional $10 service charge may be retained for each additional check issued by the funding authority. I swear (or affirm) that the information contained in this application and attachments is true and correct to the best of my knowledge and belief, and that neither I, my parent firm, nor any affiliates, subsidiaries, successors or assigns have waived their right to a refund in any crude oil proceedings or elsewhere. I understand that receiving a refund in any branded refund proceeding does not dis,qualify us from receiving this refund. / DUE TO LACK OF NOTIFICATION PRIOR TO THIS TIME, I HEREBY REQUEST THAT OUR CITY BE CONSIDERED FOR REFUNDS FROM ALL PREVIOUS, CURRENT AND FUTURE II CRUDE POOLS II OF FUNDS. November 6. 1990 Date 41-0983248 Applicants Federal I.D. f or Social security f or EXEMPT ,J Title Signature of Applicant SOME ONE AT THE STATE LEVEL TOLD ME THIS REFUND WAS EXPIRED. They are talking about Crude pool 1 or Crude pool 2 and sometimes don't find out about new pools until they are expired. We have found that some states discourage claimants due to their conflict of interest, as they receive 1/2 of the unclaimed funds. / '\ " .-!AT DID YOU REAllY DO TO HELP US AND WY SHOULD WE PAY YOU rOR THIS SERVICE? You don't pay anvtbinp; until the refund is recovered. We have reduced your time involved to about 10 or 15 minutes. Your current cost is a 25 cent st and a few sheets of co :We did our homework. Although we don't subscribe to the Federal Register either, we have a courier in Washington DC pick up and mail to us all of the decisions, and orders, lists of new refund proceedings, and claims paid each day. We keep abreast of the situation. Once you become our client, we will never let you miss out on another petroleum product refund. (You have been eligible for at least 2 other refunds in the past 8 years which are now expired.) Thousands of others have chosen us in the past to represent them. They made it possible for us to notify you. We ran out of money and borrowed all we could in 1987 and 1988, (we started business in Dec. 1986.) so we didn't begin to cover notification of all eligibles. Naturally we spent our seed money in notification of larger accounts such as airlines, trucking companies . and manufacturing concerns in the beginning. That's the only way we could survive, but now that we are collecting on some of those accounts, we want to notify everyone that we can in the short remaining time before expiration of the refund proceeding. We now have our loans paid back and are spending all available income on program developement and new notifications. We found you by purchasing from Carroll Publishing Co., a list of all the cities and Countys in the U.S. this list tells us the population of your governmental body. We then had to purchase a list of all of the parties in the U.S. who have filed a claim. Those lists had to be entered into computers including the claim number the gallons, and the population in each filing governmental body, so that we might create a computer program that would determine the gallons of petroleum products required to support each person in your geographical location. We did this because we know that like 80 percent of the eligibles we notified in the past, you probably don't have records that old to perfect your claim. This method is so expensive. We can't afford to notify government bodies with under 1500 population, but it is our intention to notify all systems with 1500 population plus. We have done all the work and took all the risk and don't apologize for. our commissions. We are helping thousands of eligibles and we earn our commissions. COULDN'T WE DO THIS OURSELVES? You probably could, given enough time. There is a good chance that you wouldn't get filed before Crude Pool 3 expires and you would have to hop~ that there will be a Crude Pool 4 next year. Remember the later you file, the smaller the pools and you may not get earlier pools. You also have the right to represent yourself in court, but would you? We have a very high success rate (99+%) for governmental bodies we have represented in the past. Think of the ethics involved. You have/had 3 years or more during various time periods to file, and yet you have not discovered the~e/refunds. We have gone to a great deal of expense and effort to solve the problem of non-exiitant records. We feel strongly about the ethics of the situation considering our efforts on'your behalf. After all, 80 % of something is better than 100% of nothing, which is exactly what you would have gotten without us. Then who would notify you about any future refunds? The commission you pay will insure that others are notified. QUESTIONS ? CALL TOLL FREE 1-800-545-9640 :.J (SEE OTHER SIDE FIRST) .. Wl-IY" WHY ARE 'WE ENTITLED TO THIS REFUND ? From 1973 until 1981 there were ceiling prices that could be charged for petroleum products at each level of marketing. This included Crude oil as it was retrieved from the earth. Hundreds of~~)llde oil producers were audited by the Department of Energy, (DOE), and it was discovered tl_--Ithe most of the Crude oil sellers were exceeding the legal sale price of Crude oil. The refiners were overcharged and passed the added illegal cost along to you on the refined product which you consumed. Most of these .Crude oil producers have agreed to settle with the Government for .these overcharges and have paid or will pay to the Federal Government a compromised amount to avoid prosecution. The Government in turn will refund a portion of these settlement funds to any consumer who can prove (or make a logical estimation) of the. total amount of petroleum products consumed during the period of price controls, so long as the refund will exceed $15.00. This portion amounts to only 20% of the funds recovered from the oil producers. The Federal Government places 40% of the funds in the general treasury of the U. S. and gives 40% to the states governments to be spent for energy conservation projects on the state level, to reimburse those individuals whose claims would be $ 15.00 or less. WHAT IS THE TIME LIMIT FOR FILING CLAIMS AGAINST THESE FUNDS? The Crude oil refund started in the spring of 1987 and were set up in Wpoo1s" of funds as they were paid in. You must have filed by June 30, 1988 to have been considered for "Crude PaolI". Had you have filed by that date, you would have been considered for all the later pools, and would have most likely have received your first check. Crude Pool 2 was opened to accept claims in June of 1989 and the deadline was Oct 31, 1989. Crude Pool 1 applicants will also receive a share of Crude Pool 2 funds. Crude Pool 3 was opened in May of 1990 and claims can now be filed for a very short time. Crude Pool 1 and Crude Pool 2 applicants will receive their share of Crude Pool 3, so you can see the refund system rewards the earlier applicants. We as your representative are going to argue that because you were not having directly notified that. you should receive a share of all past as well as future pools. We cannot assure you this will happen. Currently Crude Pool 3 expires 31 March 1991. 'Jhen you file under Crude Pool 3, you will automatically be included in any and all future , pools. There is plenty of funds to pay the full amount out of all pools to anyone who I applies. There are about 6 million parties in the U.S. whose claim would exceed $15.00. To date only about 81,000 have filed which is less than 1.6% of those eligible. Of course these claimants are larger ones like yourself. About 3500 cities and countys have filed and there there are over 22000 local governments eligible. PETROLEUM FUNDS, INC has represented more local governments than any other agent or attorney in the country and we receive checks almost weekly for some of our clients. We have also represented more school systems than anyone else. \/HAT HAPPENS TO THE FUNDS IF 'WE DON'T CLAIK THEM? The states and Federal Government split the unclaimed funds. WHY HAS NO ONE NOTIFIED US OF THESE REFUNDS? , As far as so.eone at the state or federal level DOtifying you, see preceding question. , Your notification has been in the form of notices in the Federal Register, a log published by I the government of the daily actions of theJfederal Government. It costs over $400.00 per year for a subscription. That just about leav~s' it up to a mercenary organization like Petroleum Funds, Inc. to notify you and we are ,tWe only agent or attorney active in notification of government bodies. Most working with the large companies and corporations whose refund . will exceed $10,000.00. Most agents and attorneys have given up on the latter 2 pools because : of the huge task of cross referencing new clients against the 79,000 claims filed. (The Government takes a dim view of duplicate filings.) Our only excuse is that we didn't have the money until we started receiving payment on claims an~ -'e were somewhat late in finding out about them ourselves. We spend all available income I nO__Lying more eligible claimants. We could spend 3 million dollars in direct notifications if the capital were available. (OVER) APPLICATION (Page 2) APPLICANT Name: ANDOVER, MN ESTIMATES (a Municipality) Data sources: Carroll Publishinq Co. - Municipal Executive Directory Apr/Sep 1990 City, Address & population. DOE/OHA - Municipalities previously filed, claim number & volumes claimed. ~) Method of estimation : using previous claims filed by Municipalities sum the volumes they claimed and sum their population. in MINNESOTA, RF # & CASE # Municipality STATE GALLONS POPULATION RF272-23803 ALBERT LEA MN 786,363 19,000 RF272-64235 ALEXANDRIA MN 331,895 7,608 RF272-26061 COON RAPIDS MN 1,864,116 42,870 RF272-78067 CROOKSTON MN 374,793 8,628 * RF272-37952 DULUTH MN 4,245,295 82,380 RF272-64940 E GRAND FORKS MN 559,850 8,537 RF272-58985 EDEN PRAIRIE MN 636,810 16,000 RF272-53271 ELY MN 874,761 4,820 RF272-37622 FAIRMONT MN 6,419,999 11,506 RF272-17808 FARMINGTON MN 197,745 4,370 RF272-77939 FERGUS FALLS MN 576,456 12,519 * RF272-13146 HOYT LAKES MN 179,000 3,186 RF272-53192 INTERNATIONAL FALLS MN 417,002 5,611 RF272-5 777 4 LUVERNE MN 185,821 4,568 RF272-67869 MOORHEAD MN 1,263,334 29,998 RF272-62348 OWATONNA MN 2,590,849 19,000 RF272-44537 PERHAM MN 103,092 2,000 RF272-77947 RED WING MN 1,127,465 13,736 * RF272- 8693 ROCHESTER MN 2,606,536 58,130 RF272-44556 ST CLOUD MN 3,945,779 42,566 RF272-67927 ST JAMES MN 289,804 4,346 RF272-57210 TWO HARBORS MN 409,676 4,039 RF272-27727 VIRGINIA MN 610,475 11,056 RF272-18444 WEST ST PAUL MN 1,141,430 19,000 RF272-37145 WINONA MN 1,088,982 25,075 II NOTE: CITIES ARE FOR STATISTICS ONLY I THEY ARE NOT REFERENCES FOR PETROLEUM FUNDS, INC. * = Client of Petroleum Funds TOT. GALLONS-> 32,827,328 POPULATION-> 460,549 Average gallons per captia consumed in MINNESOTA = 32,827,328 / 460,549 = 71.2B gal., multiplied by 9,387 (population of the applicant's city), equals 669,093 total estimated gallons of all petroleum products consumed by the applicant. Average annual consumption = 669,093 divided by 7.44 years equals 89,931 gallons per year. We feel this is a conservative estimate. Many of the above referenced applicants had no records and claimed only volumes furnished to them in a branded refined product proceed- ing. Therefore many of their puchase volumes from oil companies who were not involved in a refund process were not claimed. II' We know this to be a fact in over BO% of the cases filed by Petroleum Funds, Inc./ I do hereby swear that the information contained on this page is true to the best of my knowledge and belief. I understand that anyone who is convicted of providing false information to the federal government may be subject to a jail sentence, a fine or both, pursuant to 18 u.s-w;,l. JJ"J ~/" , ~'DATE : 10/01/90. WIn. Dan Browm ,~ JJ !!l I.!J ~) P !....- i.J , / r: ,~ :11 'd:: v ' 1,.-;J \ J /" <t '\ 4- ,f) IjJ.. .).. (;..- <.9 I J;2:~ . 0 :- t . t jl \t3:1= oor tLj:cJ. QV)o "C'" .c..'O .. C '0" ,," C>" "Ok k .c "'" .. "'.c k"" 0".. -...~o ...."e "'0 " "c" " " G>.....c kG>.. Ilk .c'O ..u~ c:;l 3;J~ "'wo "'0'" "'....... '" " "..tI' .c9... u...... ,,00 .>.; ...lI'l k"'" 0.... . IW 0 ~ . "..'" .. .. il.s:mo:. >i-I.to o ... w......Cf"t ",""0.. '" .. .. ".. ... .. >cu 1J~4)"O ""0,, CC .. ::I W II r: 'lot 0...-4 lid CD o..c '-4 k 0<" .,. c " .c :0 " .. .. '" " .Q " .... c " o 9 " C " .... " k ..." ..... C.Q 0.. .. ... ...... .... ,,> ".. .. " ....a .. 0 .cU ..1: ...." u" .. C k" ..... "... " ...c ...0 .... :0.... .. " "'0 ~" cmCDP"'4CDCD)C,,",CUCQ -t"C.ccs.c........l::"'Ou ,oe....~.....='g5e~ a>>U GI t.tlUUUU .... ..s.... o.o,u -4 ClIQJ)o.....OOO'u"Cro1 """'.-4.... t.t ... II( CD 0. ......Q t7' 11:1 0. .... C. "C"'UCDD.G)IlS'" m......-tlU...-4Ii1.=OC ....-..4"'OQ.... ...,t.t...m Cc'" lD Ua.c: .s>O....o.)(clQo.... S.,Uo G...tlPc ""'" U ..., 1>>0 C1......( GI .. ".c'C-O... "'"".... u...........c u CI. ;:: CP"t k :s >t .. GI ..... CD II Ow l-t N .c:\.t"Oos.,C.... :lr- ... 0 CD 0. ill 13 0 ....> 0 ........lGo ). 0...... >. at -4 CD W .ol.4 W:::>CD btID co k8 ,,'" k Oi< 'O-oo.OGtOIDCt 0\ c>>wlS~QC"".CDO\ ...0 " wc'C.c'" .. >-'" III " .. 1W'g..o s....ow 0 "....""098...:z:; C wC.... 0 ~c~.,~~"C ........ QJ~ IIrnGJ;~C; "IllIG~ S........QII0 W....k:,..04tlD ,9u o~CSO'=""'8~U . ....0 HUo.lDOQ.<M 'ft II -< c:g.c:... CD ..:t;; c.=-g ~ .......c....c O.c:ar-4...GJ cP -1........~s....c::c..c. .... u ......o.c....c. ~OCDCD" :f-;;....~-= ......, 0\0. C ,,",.Q... S.... r-4 ...'-1.,OIlU....-4., o.~1lJ """,lD.s.,.c: c.-t .c.... .. "C Q ..-4 .... -c-g~Og'~o -gttc CD II u ................. ID C Dt""'" .=0.>0........ """'....c E-t.9-0....c::Oc..c:.,..." _ U:II"'O..,J+I..lI(G,l GlO.,J'" C:U..,J _CD....... U C:.,J <004" VJ ....c:......UOUO.,H~ _.,JOQ..cUII;J+lSf-4- "....,&J ").011;111 Qtoo Q,I~UI'" ~ c: n Q 01 C ~lU.... .,......c:oC UU.... ,Q~,&Jo.o k;::... G Ei :J... ='....) ~GtwQl~ 0.0 c. 0 0 a u ~ 0 a ...,,, ...... ..,J II.......... ..... uJ:,&J " 0. :]...10.... """>.>-0. "'CI uU OCCCIO o ).-4 II ., 0( CJ ..., ........." "'CI c.... -4 ... ~ ~ ... C ... +I c: c:" ..:: COO" C... " oc:Cu oe"'O..., -4 ....QI+lGJ "0,,-=.... IQ+lC-4 GI....UO'.....,O....,>- co:l::2o. U"'U-4e: ldoCIIII CDII-4"O., .Q': .... C 0.0 ..ll:I 1DOc.St7' ID 06J': .....: CI c: -tGtu-tJ ;i" ~~ EI!;~"" -'.... .... ........ 0 C:OII"k lliSlliS..... .... .zCIJ~ ....~...C .). .we: u c.': Gl' '0.., 0;1 04la .,.... ~ 110 >- a~~WG ~U'(;~_It.... -4 .c: COlD" )-;;~~ ~>,,~~ ....~.,., +I"tJG1). C.... C .~ "9~"Jl 111.-4 ~o ... ... B.. U::2- S S - ::~<t7' ~G..Q'" "'w";; ..~"c.. Ctc,,=w ~c...~~ ell G., "t'l ...,.... ),cG~ G)lD....~ t; c"c",.. .c:'ZCJ....OlQJ 0< !-o ..IlCk ... w i.4 -4 ..., S...,a. CQlG.I"Oo -oc> _o..,...,C:U MkllC ,.,o.lGQ,I"'C:: -....::c.: -;I &"0""'" ~ .. .. C '" .. o .. C " a .. k .. '" " o " .c .. '" .. .. .c !-o " .. k " " k o .. k o ... " k G> .c !-o " ... .. ... .... o k " '0 k o ... III C .. .... .. .,. C .. k " " :c <:> ~ '" .. .. " .. .c !-o Cl ::> c;( .. " .. " o '"""1 c"'(;l".... .. . c: c...uco.: G CD .. 0 .."'0 "u......... ~ C .. ec.... ...."w ..~c ..co.. ~ CD"O C GJ <<3 "'w G~ "...." "0 o.-4w II. U=' "'..u k ....Q 0 ~k ::: 0 .,.... ... c.....1l1i1 u.... ~ 09:::"::" a k "'= 0.... a, ".... '" ....... '" 1M .... U .,.... '01 .c 0 '.. "'., . GI CD>" u " " >-~>- >- i~~:: ~I~ w .. C .. "-9.c " .. c: .. > k.... UlW "'0., k ....., .c::,,< o lID OlliS CD C C 0 ~ +I I>> t-....... ..9>"'k .z::J 0 .c ~"'IIlO~" ~'"G:+J .. ..~" .. >< " .. .,'" .. Ii ~ ~ &'''''u u 0< ~ 0011 . s:: ..."c uG-GI "'''' U >- a:: ~ Oq::" ... ~ .. ~~~l;~ol . .c::r-'" 0.. " CI .. . " UCD'" ogo ... e . k'" G ~~ a::... " ... c" .. ... c ... ~ "'Mg~......: GI"'" i~~ .. ... u.o.- (J .. " .. k ... CD O...".......f1J .. .. c.c Ot !-o "" .... e" E' -.o..c: 08 . ... -;;:.c:IIU~D - ~ ~W'\.... I!J c u.., . .. '" 0 .. .... C ...~~ C:ll:IolJ olJ \0 ....... ~Cft ~...)o - . .. .. 0 oJ:: MS CD ~ c& ... '" uu"".....O... ecn .... V1 c: C7\ II "Cl -4 ~i .. w .. ...r-~...o., .... 'g~;CD-= ",," ...= !:! > " I ~:2:C::'" s: ... 0 '0 ~ ., :>0 C ..c ... .;:-1,9"''' cP -4... = e...'" " 0 ,.. .... PIt 8. G ~ ~.. ,- ~>'W-4 Ill'" .. .. .. ....6J ... o.~ U,'-.a lIc::u " ,,~ e lt~ ...0 k ell ~ )IQO\~:I"""1-4 ..,J HGfOloJeu ,- :0 " " G> U U ..c:.... ....-..:Ji?I~ "8" d. c: k .. ...... It)....~~ C o:c lot..., o6J . -Ib c. 0- " C.. 01 i< ~..~'5'1 .~ ~"IQ~ " ",:0" ..c r.. ~~"'C1G1~~- CI :I'" U .......an 0 " >"iI .... III 1-4"""'" k a~C".ck~ 'lor' a 1-4 C.c:: .. " ......,~ ~ c..lSeu~ C c:;....." ..., c: 0: u" C g'~c 0 ~llSo"tJID>tW CD o u 1D 0 .. .,. ....-4mG.Q ro- ......,::1 ....... "wO... .. C c::UI-4~g. 'W N "" .... .. u .. .. .cO ., 'f. .." '0 .. ~ '" Or-8.-4Qf"'O '" 5~ ~ ~ tJ' UI....t: GI " .. k -4,. ......e: CO'l G.I C U > '" r.. .. II"'Qf W"'OGl . "k wlU:3.... '::! ti ,e...,.se:-." :~lf[ 1;, "ll '" 0 .... .. GI >0..... C iii Q) CD"" .. > :_) 0 0 " o.Q IQ..c:caS::J. .." " coo c 8 :z:; O\U ..........,J" ~U....'O~CD ,...U%-4 '" VI ~C-4"'::J"'-GI o.....OEcO ~ .. GO " .w........t>>,Q<<:lI..,J'-' ....... :10 9 .. II ...... W c."C . 0. U'l 0..... .... 0 " .. .Q.....::JO'W-4QJQl.... c: C. c>> ". ... :z:; 0 U i-I...."tOO1:tO '" ....Gc. """' l' "'" L ...... ",.c: u.. .... "" ., .. a.. .. '" ~" "'~ Ili] .. .. ~ ) Il " .. .."II c.... '" ., C u.c ~ ..Uo ...kll a,"" ",'" ., " ...EO ;::Q1~ U" 0 :;:'W> :0 k " ...... c" ., .....c:.... .... '" '" '" 0 "c" u.... a, c.. '" ~IQIO ",'" .. c".c: ....~.... Q,1 ~ 0 '" .. o " '" .c...... "0"" .... C .. 0 ........ ... "" CAS~ NO. APPLICANT / CONTACT .---------- ------------------------------ RF272-76S16 CITY OF POMPANO lEACH lELL Y R. CREW DR PETROLEUM FUNDS, INC. RF272-76S2S CITY OF READINO, OHIO DENNIS ALIRINCl DR PETRDLEUH FUNDS. INC. LOCATIDH P.O. IDl 1310 PARI S ------------------------------ TN S1242 P.O. lOX ISIO PUIS TN S1242 RF212-1'S2' RICNlAND COUHTY FINANCE DEPT. P.O. lOX ISIO RANDY OIISON PARIS TN 11242 OR P~ROLEUM FUNDS. INC. RF272-7652' CITY OF EAST POINT P. 0, lOX 1310 JERRY ANDERSON PARIS TN SI242 OR P~ROLEUH fUNDS, INC. RF272-76SSI CITY OF LAORANO~, OEOROIA P.D, lOX ISIO JOHN W. IELL ,~ARIS TH SI242 DR PETROLEUH FUNDS. INC.' RF272-7'S4' M~RIM~NER COUNTY I.O.C. P.O. lax ISIO DEIIU FLOURNOY PARIS TN 11242 DR PETROLEUH fUNDS. INC. RF272-7IS51 TOWN OF ENFIELD P.O. lOX ISIO VINCENT E. SANTACROCE PARIS TN SI242 OR PETROLEUM fUNDS. INC. IF272-7'SSS CAMPIElL COUNTY SCHOOLS P.O. lOX ISIO l.W. FISHER PARIS TN 3I24Z OR PETROlEUM fUNDS. INC. RF272-7'SSI COlqUITT COUNTY COHHISSIDNERS P.O. lOX ISII ROIERT H. con PARIS TN 31242 OR PETROlEUH fUNDS. IHC. Rf272-7IS59 CITT OF FARHEll CITY P.O. lax un AXY BERNARD PARIS TN 31242 OR pETROLEUH FUNDS. INC, Rf272-76S60 HIAOARA COUNTY KWY. DEPT. P.O. lOX ISIO ANTHONT H. PElLEGRINO PARIS TN S1242 OR PETROLEUH FUNDS. INC. 'RF272-7IS" FLOREHCE COUNTY COUNCIL P.O. lOX ISIO CHRISTOPHER ClOVER PARIS TN S1242 OR PETROLEUM FUNDS, INC. Rf212-7I:.71 CITY OF PlAINFIELD P.O. lOX ISIO JEROME REDOY PARIS TH SI242 DR PETROLEUH FUNDS, INC. , ) ,J lf272-76S74 COUNTY OF ORANOEIURO ROIERT E. CROUT DR PETROLEUM fUNDS, INC. If272-76S76 CITY OF MOHROE IILLY PEARSOH OR PETROLEUH FUNDS. INC. If272-76S77 TOWNSHIP OF AIINOTON SUSAN IlATIZA OR PETROLEUM FUNDS. INC. If272-76SII IUCHANAN COUNTY 10. SUPERVISOR RAYI10ND O. 10YD OR PETROLEUH. FUNDS, INC. If272-7un COUNTY OF ALI!JIARLI! H~LVIH IREEDEN OR pETROLEUM FUNDS, IIlC. If272-76S'1 CITY OF STERLINO N!IONTS , JEANNINE LOlD . .. OR PETROLEUM FUNDS, INC., IF272-71S'S CITY OF SpRINOFIELD RAYftOND P. TUROEON OR PfTROLEUH FUNDS, INC." IF2T2-T6S'S CITY OF'~NSTON . OR pETROLfUN fUNDS, INC. If272-7U" CITY OF H!)f LONDON , C/O PETROLEUM fUNDS, INC. IF272-7640' ADKINISTRACt ON DI! SERVICIOS LUCAS IlARURO OR pETROLEUM fUNDS. INC. If272-76401 p~EllL!SS TUII! COHPAIIY ALAN IANUZZI DR PfTROLEUH fUNDS, INC. lf272-7I402 VETERAN'S TAXICAB ca., INC. HICHAEL JOSEPNSON OR pETROLEUM fUNDS. INC. IF272-7640' I.C. cOal & SONS tHT. INC. KARtH TINER OR PETROLEUM FUNDS. INC. lf272-76406 HAWXINS COUNTY 10ARO Of EDUC. KILLIAH O. JUSTIS. JR. OR PETROLEUM fUNDS. INC. P.O. lOX ISIO PARIS P.O. lOX 1310 PARIS P.O. lOX '1310 PARIS P.O. lOX UIO PARIS P.O. lOX UIO pARIS F.O. lax IslO PARIS r,o. lax UIO pAUS r.D. lOX un PARIS 111 UNION ST. NEH LOHOON ' p.l! lOX UIO pARIS P.O. lOX UIO PARIS P.O. lOX 1310 pARIS P.O. lOX UIO PARIS P.O. lOX ISIO PARIS TN SIZ42 TN 31242 TN 31242 TN 31242 TN SI242 TM S1242 TN 31242 TN 31242 CT 01320 TN 31242 TN 31242 TN 31242 TN 31242 TN s5242 VOLUH~ 1,470,&,0 1.555.905 ~.13,,'31 1.~35,'D5 1.400.'17 1,"S.951 1.570.~53 4.527,931 2.517.769 1,,".031 1.215,017 1.901.977 'Z2.5U 2,442,179 2.19I,IZ1 1.737.1Z2 1,9I7.9Z5 3.220,SI1 %,713.111 \ '.200,60' %.972.,,, 1,330.DU ,,217.011 1.6".391 3,91,.915 1.1"."9 1.731,11~ REfUND 11.177 '1.2~5 .3.1'9 n.lli' 11.120 II.SH II, 256 '3.46Z .2.054 .1,ZU 11.021 II ,5ZZ 1411 11,954 11,751 11.40' n.SH 12.576 12,171 t4.UD 12,371 .'u..All.', ," ", 12.U4 n.33S ts.173 n.477 II. ~Ol ~~ ~ rT1 IJl rfI 0 ,Jl -p 01 jf ,. 1(1 if if ,. ~ ril [ - 0 --0 ~-U r P ril01 .- < (II 1') o 1 o 1 9 ~ Gl fJ r -r. -+- (/' 0 --V J P -L o ,Q, t (iJ p .- Ji Y o 183 University Ave. East St. Paul, MN 55101-2526 (612) 227.5600 (FAX: 221.0986) October 26, 1990 Howard Koolick Finance Dir. city of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Dear Mr. Koolick: This letter is in response to your inquiry regarding the legitimacy of Petroleum Funds, Inc. My fellow researcher Jeannette Bach forwarded this inquiry to my desk. After a substantial amount of time on the phone with Washington bureaucrats I finally established that the corporation is, indeed, legitimate. I called George Breznay, who is the Director of the Office of Hearings and Appeals of the Department of Energy, and he assured me that they frequently work with Petroleum Funds. It is difficult to evaluate whether it is advantageous for a city to associate with the corporation or not. This determination must be made by the city itself. There is some processing which must be done for the refund claim, and whether this work is worth 20% of the refund is an individual decision. It might be helpful to call some of the Minnesota cities which filed for a refund by themselves and ask them whether the process was difficult. I called several Finance Directors on Friday, but many of them were out of town. I did reach Gary Nelson, who is the Finance Director of Fergus Falls. The list provided by Petroleum Products states that Fergus Falls was a client of theirs, but Mr. Nelson, who has held his position si~ce 1975, did not recall dealing with them. If you want further information regarding the refund process, you can call the Office of Hearings and Appeals at (202) 586-5510. I hope that this information is of service to you. If I can be of further assistance, please let me know. Sincerely, r~~ Phil Young Research Asst. ,J '~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nnvpmhpr h lQQn AGENDA SECTION NQ Non-Discussion Items ORIGINATING DEPARTMeNT Finance APPROVED FOR AGENDA ITEM NO. 17. Receive Final SAC Refund Renort BY: Howard D. Koolick~ Fin;tn~p nirp,.t-nr ~,~ . BY: REQUEST The Andover City Council is requested to receive and accept the Final SAC Refund Report. BACKGROUND Last spring, the City began the process of refunding sewer availability charges. Over the spring and summer, significant council and staff time was spent discussing various aspects of the refund process, researching questions and processing refunds. The report in your packet summarizes the discussions, research and transactions that have occurred. Receiving and accepting this report will bring to an end the SAC refund program as well as provide, in writing, a summary of the discussions, research and activity that took place during the process. Upon acceptance of this report, copies will be filed with the appropriate departments. COUNCIL ACTION ,,\ '~ MOTION BY TO SECOND BY - '\ 'J CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE 1\Tnm.mh9r 6. l~~O ITEM 18. Accept peU Uon for NQ Water/Metro Mosquito Control Todd J. Haas BY: Il'nrd n......~ n", ~ APPROVED FOR AGENDA ~.~. BY: AGeNDA seCTION NO. ORIGINATING DEPARTMeNT The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvements of watermain, project No. 90-25, in the 1260 Bunker Lake Boulevard (Metropolitan Mosquito Control District) area. The reason for the request by the Metropolitan Mosquito Control District is because of the proposed expansion of the existing building which will require the building to be sprinkled. The existing well does not have enough flow to allow the sprinkler system to function properly. ,~ .....J MOTION BY TO COUNCIL ACTION SECOND BY ~ ;J 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 IMPROVEMENT OF Watermain PROJECT NO. 90-25 , IN THE 1260 Bunker Lake Boulevard (Metropolitan Mosquito Control District) AREA. WHEREAS, the City Council has received a petition, dated October 15, 1990 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman and adopted by the City Council at a Regular Meeting this 6th day of November 1990 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk C/o - :zS- 1 '-~ METROPOLITAN MOSQUITO CONTROL DISTRICT 2380 WYCLIFF STREET :II ST. PAUL, MINNESOTA 55114 .. 612-645-9149 :H..i", t' f:.,-tt; f~r i= 11., I"~ 6~P :-.\ >,] !:.'lIIJ k - -l:' , I I f ~ I';' . . ; \1 ''';'J! 1 9 1990 !. J '. R,D. SJOGREN, Ph.D. Director W.J. CAESAR Business Admin. October 15, 1990 CITY OF fI.i"!DOVER James E. Schrantz City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RE: Metropolitan Mosquito Control District Dear Mr. Schrantz: Metropolitan Mosquito Control District does hereby petition for improvements by the construction of water main with the costs of the improvement to be assessed against the benefiting property which is described as: Metropolitan Mosquito Control District We request that a feasibility report be prepared as soon as possible. We have enclosed a check for $1,000.00 for the feasibility report expenses. (THE $1,000.00 WILL BE CREDITED TOWARD 15% IMPROVEMENT ESCROW.) ~;;;,J~~ .qy~esar Business Administrator cc: R. Richard Gauger, Gauger Engineering Inc. Wayne Hilbert, CNH Architects i / :) AFFIRMATIVE ACTION EMPLOYER :r,..".'~ r - -("'~J.f"'?I-;'': ":<~~"I:-'l f,,'It::~I):~'\}',"10~V'(J~}N-\~:~~ l ~35~)..., ,-7.'7:;;~-------I' ' ""', Iii) ,~... '(:t>~-- .,-1 ; ~ 2, ~ ~t''' ~~,,\;/, 'vr6'..>.I) :,1 -~'~-""4~7"'" ,,(;~J'? '~cr 4 :"l'>.J4/), ~!~!> ......."6 ;), J "'I '. 22' r \ . c > ~. .". l" ~ c- o " ~.. 1f' ~ .!~.r "~~ 1~" t:€f! ~ ;, 4 If -' """ ...~. , /,' "".'!~' .... ., ..:\", , . _~ .\ . ~" ""< ~ '1I\JiO,r.. ~). .,.. "",' .:',',." .1".:.....:." ,!!.!...:~~ - ",:" r;'(: .;,.;,~... \..~1~\".\>_ "~ ' - ~I: -- I'\.~ '( IT;, ~ -'.J. ., '., ,- ,. f ....,-' ;,:;-', ,..j ,\ ". J " .\. ",.., i" '" .35 . _ . /_ :.~.c...1 "-.... '~/' ,. ~ :t~ '\ :~"'4_"t!j~---~'" ----- j-- -~- ~~~~lf~J,: \': [7VI "/~'?"::'::~/'.'~;'~,~;'~('%;-~~5~~) ~ 'J~~f)':~ ) f '. " , .. /., , \ ,S .,. \'~ ~ J~ rl5/-'25'" ," \. '/.. !.~ ~I ", : .2 't . Y~'~'~." ,01 .' .\'~:~ r'/l j1 Ie'" n,. ...,J In. 'I"~) /' "lot. ~ ",,' \~~....... fl',,' . 1..\1 ,. "'i." '. .'(!:"l .....; 6 I ~ ...:.'~I 4... . :: ...~.., '\I~ ~:<~'~ "\" .. " ~. 'J 'J~..' 1'.- 't,J .. . 'J ~ \. './ ~ ' . < v _. ~.r" 5 /''J .~ 't ." ",' J.\" - -- " - l: ~ ',' (9 (J'~ ~ T-of' ;- '. ,\''':1 '''"" -:--." . r. (' \' ., 4.-l'.;'! /_ _'fl.' .'.J~ '\ J/' .3 I . . ~. </......J .~ '.Ji:\: tIft' ,h ';I~--: -C,'..." /O,~. . I 1:(' (/.," :' 0" 29 '. ;8';, ',~.~.,. 2!i ,', ~,; '., ',.~ 8/(~, ')g ,,,,j'''' ..., .., ..,.,~~. , I'.' .r' 1" ~ ./;,','" .,' , " .... ".. '0.1. l ,~".... .II "..' , ,J'.\ ," ~~ -~, ~- . ,<<" 1,'. ~J)~ ,?/)_~ r:")~/~')',";"~'" _~\"~n\_.6'i~:v; -::.~-.,... "'~,'m..;-;.' ."';i,~ ,\I,...~'~?;,~,..'.~~.' '/'2' . '\",,' ;' "'I ~ .1".... .. ~ ., ............, . \" 1ft" ,_.&. :.:2,. -.Jath. ~N AJ1W'~ : C~. /~ ~ 'J',<"""~".... 9(/;o;! ~:;).~8(f~)','y,) q I ....A I) '~....~ "'~ T f",'- "'. ,~; .u; "s, '. ,"',. . ~ .~,~ . ',.. :~'..o~-:3o.; I'':).t.:-'''''.t. .~.' ....".....s... '\ 'li...J. <t'e". \."""~J '.J::t:- !IIo"..z::j2,;'-;"";:- :<~/'': .... ~ . ....:.t]./,..... 0 i. "........... ...0,.) ~-:~:J J _I ......~.. ~ "':'7"""0 "1 :'Ii .. I'? it. ~ " 2 .. ) 'c. ,'.' " _ 6..... 3&'-35') (~) A~_.,_^., !!{' ~ t:. ";-,,,,,,,;, 1 (J" ~ ...' ," ,:' " , ~" -ic....r.' .,- ',.J "7' ,.,.,~ t ,~'.,~ 1/ ~:r.,;~ ,'#J,"'" "1"''';''2 ",'<,) '" " :11" ti)'" .. ,3, -35') " ,r~" /,~ \- "-l/-l:r..~ 1/.... "\.:i'i~ ~".r"""r-, <, , ; 2 ~. J' ~ l~""~ 'I. ~ "f;;:; .\:, .~,..~.'" ,M\ T .7I~:t :~,~ !~j jMa~-I~' t(p"'J ~ ~"""j~~:;4 ~' .h..]..' N:3 " G'~ (I.,.., '~"~"''''','' ", :'\~'t'12"~ ,...,,~.', -, "",,":Io~'I, . I~,-,.. \ '. 7l 8 "f.' · 4 "''35'J~\';1 ,,,.)~'; .,.., ""': ~'.. 2.J ~~" ,;, -. '/"'" .,....;J.... ",_ : '\' .",''t., ".1 ,",5 '~(,Jl')4g} ,.....i..",}..:~' .. . ('.' "-~ . \. ' .. I '. ~'\ '., "II. '_... h ~,!J,. t"'~A :' ~( .... ,(~ ;. ~1 1'. J:,-'"'' ~.. .: ,'U, , ~ 4..... ".' /.~~' 'YT~'" II:' or . , ,\ ,?."C!4:\=>~ _I.lV ~. !I~)!. .'" ,~,',. II 24 ~;, " , Ii' ~;B' 16 I. 15 t 'I." ' ,:! ,'''la.:. i U\L: 611 -\ .' I't l);.~""", , /,;/'5 ~ 'W~,,~~: '~T : .'t2 ~:1h .^\~)~ l4M~'I' ... \ Ii: 't, III .... ~-~O}~~ ~~' r.i~~".' V' ':......c:: t 25 .v" , J..;} ~ /"WI:o. :tifr .n~ ,_.' I ,-:r~ ~jJ '.~~ .~~, 14. ~~~..,;:-=- ,... ~~"..:,~~' I (26-35) ( _ !.-'J ...' d 28.:-3 ), " ~- ~~37,.J;., i. 13(1') '. .~d ,'4) ~ "1 iff' 6. ~ V' ,...':, - 27-30) - ~) ~~l~ ~~." '~,,, '" ,>', ,.'.-L' '. ...' ./.- _t~ .' t "6 <'.', ~ '/', .. .12" T- --''/lrA,,. "'~2~' ''',' .1"..''''., ....,~ ,~J. ~~.' , 'j~";'; {. '<'~" ~";i,t 1"t"t-35'^ ~'", \ J. li, . " ~thr",ii'l" ,,' 8,.~ 6" '''....il/~ ,JIF' )"" T' .L.l"'t.'\. .:",~,,:: t."~; ~ ' ,~" ~~~".(.,5:3r3,3~ ~. L~, ,J.....i~ 12. , , -' ~ '\~ 0 \. 9 ~.. 8'" ~ JO, . 'I-i.-/ -r7 ii' I,. .tl'.~:.:..!.,,/, ~l'-.J"o;:" ~ IJ1~; ~< ~ ,,' ~\ .,".:~7,;"-= .' ".,." ~&;-ih~ , :.M NW' :"..3,., ~~t~<J3i '~, I 9~~' ''N". ."'N,."",:.l,rUJ!~ ~ '~;> ~I~, - ".l'~I'\:O\f ))I'I'-~,;'I'" ' T~ ~.':"~ 6-35 ~ ~ II 'i" . .-$e /1,....., - .~.,I,.;..h.':1r;:: 'C45".'2<:: .q .L , --\-~ (S""L"Z<:: ~ I "'JI..,., I., ~~ '') "".., 9 NXJ ~ II ~ )"+' .;xJ ~ELL --:-;;-:~" ,0 ..~ .~. 14 JI ~!." i ".',:~, I df,R ," 12 _ \- iJ \ '~}'-{\~E..:>o:\.. __v r:> 1,,( , ~~ .,' ." .4ii ,..f..... t 'I < ~,' '~ - ,~rr1\ ./0 J' _ t',' -= .....N.H..,..' " ::;<,., a ~~.3;.~. ",\..-.-i' tf -. '<'., -'" '0" ~ ' V ., . ,,~ "'I 6/ \ I ~ I ~ 2 ~ to.." ....~..,J' 1'01 : v..... (.2~$J ~ .633-35-l. .. ~;;;'--2 ;;, .oJ/:;,:::" '~... '\ 4 ,~ 5 ~{. ,if) '-, '" ~ II ,. I ~. ~ 2 .3 ";, v . ." ~, -~, :.-- .", ~ 9 '" ;", ~~ ~IIT '~"~..' '. 6, /" (.~' r: ..i~) (;;' r " fJJ'.' ~\ . 'to lif) ," 16 ; . " i l Y-3o.J: "../,' \ !< '11l~ ~..~ " . W~ ..... l'--'f~ \. : ~"'~ 8 -0-:....... " J':.' ... .'1 I q , .,. .,., .. ,.,. /'47 35..... '. (IJ) f~\ ':, ,.' ,....r.l t' ,- J "" - "';!') (~CO rO \\6 6L\lO. / . .- .. ......-n1.lco.-\;.AKE .. ~-- au ,....1,t:;.I\ ~ ./ v-~ 8Q....~d, X \'1.'-<' Gu-"~. 1f'loSfU.t'to dal't'iro I f'\ e\' (" F II '\1ln MINNEAPOLIS RIFL.E CLUB INC. O'SfrlC.~ ' I SEE PAGE 47/ I N 1/2 SEC.35 [ WATERMAIN , \ '-......) DATE ORIGINATING DEPARTMENT November 6. 1990 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SeCTION NO. Non-Discussion Building rP ITEM NO. BY: David Almgren The City council is requested to adopt the attached amendment to Septic System Ordinance No. 37 for the City of Andover. This ordinance is pursuant to State Law adopting Individual Sewage Treatment Systems Standards Chapter 7080, adopted by the State of Minnesota May 15, 1989. COUNCil ACTION , '\ \J MOTION BY TO SECOND BY BY: ~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 37C AN AMENDMENT TO ORDINANCE NO. 37, 37A and 37B REGULATING THE INSTALLATION, CONSTRUCTION, ALTERATION, EXTENSION, REPAIR AND MAINTENANCE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS: REQUIRING PERMITS FOR AND LICENSING OF PERSONS ENGAGED IN THE CONSTRUCTION AND SERVICING THEREOF: PROVIDING FOR THE INSPECTION OF SUCH SYSTEMS, AND THE ABATEMENT OF NUISANCES: PROVIDING FOR THE INSPECTION OF PRIVATE WATER SYSTEMS, AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF: IN THE CITY OF ANDOVER, COUNTY OF ANOKA, STATE OF MINNESOTA. The City Council of the City of Andover hereby ordains: Ordinance No. 37 is hereby amended as follows: SECTION 2. GENERAL PROVISIONS. B. General Requirements. S SECTION 4. LICENSES. A. Licensing. 4. Licenses shall be renewed annually. The annual license fee shall be twenty-five ($25) dollars as set bI City Council Resolution. Applications for such license shal be made annually on a form furnished by the City Clerk. Licenses shall be in effect from January 1 to December 31 of that year. SECTION 5. PENALTIES AND VALIDITY. A. Penalties. :J <J :-J B. Validi ty. or Adopted by the city Council of the city of Andover this 6th day of November, 1990. CITY OF ANDOVER ATTEST: James E. Elling, Mayor victoria Volk, city Clerk ; / o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nn"~mhor 6, '990 AGeNDA SECTION NQ Non-Discussion Items ORIGINATING DEPARTMENT Finance APPROVED FOR AGeNDA ITeM NO, 20. Creekside Estates Escrow Refunds BY.. Howard D. Koolick ~ W;n",n,..", n;"",~"~r BY: \~. REQUEST The Andover City Council is requested to release the plat escrow and feasibility escrow for Creekside Estates. BACKGROUND Mr. Richard Erickson has requested the City refund the balance of his escrow for Creekside Estates. A review of our escrow records indicates that the City currently holds two escrows for this project. The plat escrow was paid by Mr. Erickson. He escrowed $500 for attorney's fees. The attorney was paid $300, leaving an ,unused balance of $200. With interest this amount has grown to $243.40. There was also a $1,000 escrow required to cover the feasibility report. When the project was assessed, the cost of the feasibility report was included in the project cost and assessment calculation. Therefore, the City should also refund the $1,000. Paul Gengler paid this amount and therefor~ it should be refunded to him. Interest earned on this through November 6, 1990 is $186.59, making the total refund to Mr. Gengler $1,186.59. Both refunds are included in the disbursements for approval at this meeting. COUNCIL ACTION MOTION BY ,~ \...J TO SECOND BY ~J ~.J October 12, 1990 Ms. Vicki Volk, City Clerk City of Andover 1685 Crosstown Boulevard N. W. Andover, Minnesota 55304 Re: Refund of Excess Feasibility Fee Dear Ms. Volk: This is to inform you that I am requesting the balance of the feasibility fee for Creekside Estates. I understand that the balance is approximately $200.00. Very truly yours, ....----;---', ( , '- ' , ,'~, "\..-":""'v.'-" ....., II :~< .-~.-._- ,/" ,-, <::... ...- ,(. Richard C. Erickson 14610 Crosstown Boulevard N. W. Andover, Minnesota 55304 (612) 755-4640 (612) 788-8673 RCE/pb / ' , / !j o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE 1\TQ"9I11g"r Ii, 199Q AGENDA SECTION ORIGINATING DEPARTMENT NO, Non-Discussion Items APPROVED FOR AGENDA Engineering ~ BY: \~, ITEM ::;"/. NO. Award Bid/90-6 Bunker Lak~ Rlvti BY: Todd J. Haas The city Council is requested to approve the resolution accepting bids and awarding contract for the improvement of sanitary sewer and watermain for project 90-6 in the area of Lot 1,watts Garden Acres. This item was tabled to allow staff to obtain the necessary aquisition of easements. The award to William Batson will be approved in the very near future. We have obtained Temporary Construction Release from Mr. Batson. This will allow the contractor to begin construction. The results of the base bids are as follows: Phase I phase II 1. Ro-So contracting 2. Kadlec Excavating of Mora $37,175.75 $52,626.25 3. Volk Sewer & Water $37,793.65 $38,072.00 $48,660.25 $53,194.90 phase I will include serving Harry Halopsuk's property and two (2) lots owned by william Batson. using phase I bids received the low bid exceeds the estimate from the feasibility report by 3%. phase II (alternate bid) as a possible project, the construction cost is 2% lower than the estimate from the feasibility report. This part of the project was not petitioned for. It wouuld take a 4/5 vote to award the bid. It is recommended to award Phase I base bid to RO-So contracting. Ro-So Contracting has agreed to extend the contract without effecting the bid prices. /- '\ "-.../ MOTION BY TO COUNCIL ACTION SECOND BY / , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. '. ) MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 90-6 FOR SANITARY SEWER AND WATERMAIN CONSTRUCTION IN THE AREA OF----LOT 1 WATTS GARDEN ACRES WHEREAS, pursuant to advertisement for bids Council Resolution No. 066-90, dated June 5 received, opened and tabulated according to law follows: as set out in , 19 90 , bids were with results as Base Bid (Phase I ) l. Ro-So Contracting $37,175.75 2. Kadlec Excavating of Mora $37,793.65 3 . Volk Sewer and Water $38,072.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Ro-So contracting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Ro-So contractin~ in the amount of $37,175.75 for construction of t e improvements; 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. MOTION seconded by Councilman City Council at a and adopted by the 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 James E. Elling - Mayor / \ ATTEST: '-) vlctoria Volk - City Clerk JUL 13 "9\3 0:=::2'1 T.K.D.A~__::.. H'3S')':. ! i --, P.5 ,~KDA -, / . ENGINEERS ARCHITEOTS PLANNSRS TO~TZ, KINa. DUV"~~, "NOER80N AND "a50C'''TetI. INOOflPOA"reo July 12, 1990 2ll~ AM;RICAN N"TlONAL lANK 8Ult.O'NO SAINT PAlJI.. UIHN!!OTA ISl0l " 2/Zu..ucO F~ 112l2t2.QO" Honorable Mayor and City Council ~dover,~esota Re: Lot I, 'Wart's Garden Acres ~dover, Minnesota Commission No. 9748 1>>- b Dear Mayor and Council: Bids for the referenced project were received on July 12, 1990 with the following results: Bidder Base Bid Alternate Bid Ro-So Contracting $37,175.75 $52,626.25 Kadlec Excavating of Mora 537,793.65 548,660.25 Yolk Sewer and Water 538,072.00 $53,194.90 Penn Contracting $39,.581.00 $57,609.00 Dave Perkins Contracting $43,143.50 ' $56,750.00 Engineer's Estimate $37,020.00 $49,165.00 It is recommended that a contract be awarded to the low bidder, Ro-So Contracting, in the amount of their low base bid of $37,175.75, or alternate bid to Kadlec Excavating of Mora in the amount of $48,660.25, A complete Tabulation of Bids is att~hed for your information. Sincerely yours,- ,/ ,j John L. Davidson, P.E. JLD:j Attachment '\ '..J -0 ~..J TEMPORARY CONSTRUCTION RELEASE I, William Peter Batson, Owner of property located at 1860 NW Bunker Lake Boulevard, Parcel 34-32-24-42-0001, -0004 and -0005, hereby grant to the City of Andover and its employees and contractors the right-to-enter on my property for construction of sanitary sewer and watennain extensions across the north 42 feet of the above described parcels for public pUIposes. tJJ~if~@J~ William Peter Batson /;- October 30. 1990 / / Post.lt.. brand fax transmittal memo 7671 To Co. Oept. l'd 'JOSS~ ~ '~'a'~'l 0V:S. 06, 0E lJO () CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE MQ"vm1)vr g. l~~Q AGENDA SECTION NO. ORIGINATING DEPARTMENT APPROVED FOR AGENDA Engineering 1~ \\. ITEM NO, :22.., Approve Change n';.~..,. an..1; BY: Todd J. Haas BY: The City Council is requested to approve a change order for project 90-5, Hidden Creek East 3rd Addition with Millacs contracting in the amount of $1,355.00. The change order is requested because of grading of a pond that was not completed by Good Value Homes. This allowed Millacs contracting to complete the construction of the storm sewer. This Contract change Order reflects those additional costs. I recommend approval. COUNCIL ACTION MOTION BY , '\ <_/ TO SECOND BY CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Paul, MN October 23. 19-1ll, COIlUU. No. 9716 Change Order No. -1--- To Mille Lacs Contractin~ for Hidden Creek East 3rd for Andov~r. Minnesota You are hereby directed to SeDt~mb~r 4 is subject to all contract (increase) (.d.g9rg~g\l) (.u~L Hundred Fiftv-five and - make the following change to your contract dated , 19 -1ll. The change and the work affected thereby stipulations and covenants. This Change Order will vl.~'l;e) the contract sum by On~ Thousand Thre~ _ _ _ _ - - no/100 Dollars ($ 1.355.00 ) . The following extra work was required to grade the settling pond as shown on the final grading plan: Caterpillar C235 Backhoe w/Operator Caterpillar D6C Bulldozer w/Operator 3 Hours @ $125.00/Hour $ 1 Hour @ $ 70.00/hour S $ 375.00 70.00 445.00 The following extra work was required to remove trees in the easement areas: Grub 26 Trees @ $35.00/Tree S 910.00 NET CHANGE +$1,355.00 Amount of Original Contract $ Additions approved to date (Nos. $ Deductions approved to date (Nos. $ Contract amount to date $ Amount of this Change Order (Add) (Ped~c~) (~L ChaRg9Q) $ Revised Contract Amount $ 87.390.70 o 00 0.00 87."90 70 +1. 355.00 88.745 70 By Owner i! ij Date Approved CITY OF ANDOVER. MN White - Owner* pink - Contractor* ,Y- 2;:;J Blue - TKDA* Yellow - Field Goldenrod - Department Green - TKDA Main File By :.) *Only copies needing signatures. : '\ '-../ '" '-J .. '.' -~,.;"... .:-.:. ~' ~ November 1. 1990 Mr. Todd Haas Assistant City Engineer city of Andover 1685 Crosstown Blvd Andover, Mn 55303 Re: Change Order 11- Hidden Cr,eek East Third Addition Dear Mr. Haas. This letter confirms our willingness to pay fo~ change order # 1. The extra charge will be approximately $1300. / P08t-lt~ brand fax transmittal memo 7671 To Co. Dept. F.~* (;i:;(,1) 'Jr.,i.LJi ,"iC,.v!!>;, J~j:::. ';:;",gi,;:"red Buildllr' 1<\60 93rd Lane N.E.. Blainlil, M~ 55434-4396' Ph"fI3: ((,',~) '!St.-;;~" 't'd 'JOSS~ ~ '~'a'~'l 8S:0't 06, 20 ^ON '. ) CITY OF ANDOVER SUMMARY OF RESULTS OF SEWER AVAILABILITY CHARGE REFUND PROGRAM \ '.-J prepared by Howard D. Koolick Finance Director November 6, 1990 ) ........, ,~J TABLE OF CONTENTS BACKGROUND .......................................1 PROBLEM DEFINITION ...............................1 CITY COUNCIL DECISIONS ...........................2 To Whom Should the Refund Be Made? Is the property List Accurate? Should All SACS be Eligible for Refund? How Should the Person Be contacted? How was the Escrow Account Recorded in the Financial Records? Should SACS be Refunded with Interest? REFUND PROGRAM RESULTS ...........................4 '., SUMMARY OF ESCROW FUND . . . . . . . . . . . . ._ . . . . . . . . . . . . . . 5 ~ APPENDIX .........................................6 '\ ..../ original List of Addresses property Owners Receiving Refunds property Owners and Addresses Requesting the City Escrow Their SACS until Hook-Up properties Inside Anticipated Year 2000 Service Area for which the city Has Escrowed a SAC properties Inside the City Anticipated Year 2000 Service Area for Which the Metropolitan Waste Control Commission is Holding the SAC City of Andover Resolution Number R062-90 City Map showing 1990 MUSA Area and Anticipated Year 2000 Service Area \_) ,) BACKGROUND During the years of 1973 through 1986, the Metropolitan Waste control Commission (MWCC) required all cities to collect and remit sewer availability charges for all properties irregardless of the availability of sewer service. Effective January 1, 1987, the MWCC changed its policy to collect the sewer availability charge (SAC) when a building and/or sewer connection permit is issued and when the property has access directly or indirectly to the Metropolitan Disposal System. Along with the change in policy was the implementation of a SAC Refund program. This optional program would refund SAC units paid for buildings not yet connected to the Metropolitan Disposal system. On May 3, 1977, the City of Andover adopted Resolution No. R57-7 establishing an interim service area and escrow account to hold the sewer availability charges for properties outside this area. Under this resolution, the City only remitted SACS for those~ properties with access to the Disposal System. \ ) On November 16, 1988, the city received a letter stating it was their understanding that the City eligible for refund, since the City had withheld properties not connected to the Disposal System. Andover took no formal action on this letter. from MWCC had no units SACs for The City of PROBLEM DEFINITION In attempting to refund the SACs held in escrow, the City identified the following problems: 1. If the sewer availability charge is to be refunded, to whom should the refund be made? 2. Is the list of property addresses assembled accurate? 3. Should all SACS be eligible for refund or should those that have the potential to acquire sewer service in the near future continue to be held by the City? 4. How should the person eligible for the refund be contacted? , _J 5. How was the escrow account recorded in the financial records and are there adequate funds to refund all SACs collected? 6. Should the SACS be refunded with interest? 1 \ ) CITY COUNCIL DECISIONS The Andover City Council discussed the issues mentioned above at several City Council meetings. Due to the depth of research needed, some questions were continued to future meetings. To whom Should the Refund be Made? On February 20, 1990, the Andover City Council briefly discussed the question of to whom the refund should be given. Three options seemed possible. First, it could be refunded to the person who paid the charge. This option was discarded since many of the charges were paid by builders who included the charge in the sales price of the house. The second option was the time it was paid. felt that the SAC was the property had been time of payment would to refund the SAC to the property owner at This option was not chosen since it was implicitly included in the sales price if sold. Also, determining the owner~'at the be extremely difficult. '----, , , ) The third option was to refund the SAC to the current property owner. This option was chosen based on the disadvantages of the above two options. Is The property List Accurate? The property address list was originally compiled by the City Clerk in 1988 based on the "SAC Books" located in the building department. These four black three-ring notebooks contain a page for each address having paid a SAC. Later research required the Finance Director to trace each SAC paid during the period of 1973 thru 1977 to a building file. On February 20, 1990 the Finance Director informed City Council that the address list presented was accurate and no modifications were needed (See Appendix A for a copy of the original list). Should all SACs be Eligible for Refund? The intent of the City in adopting Resolution Number R57-7, which was passed in 1977, was to refund all Sewer Availability charges paid by properties outside the Metropolitan Urban Service Area. An escrow fund was established to account for SACs collected outside this area. The resolution further requested MWCC refund to the City all SACs paid from 1973 to 1977 which were outside the Municipal urban Service Area. '\ ) 2 - ) The resolution did not specify a time period in which to refund SACS. When the process finally began in early 1990, discussion centered on whether all SACs should be refunded. Initially, the City Council desired to refund all SACS held by the city. This decision was based on the intent of the 1977 resolution and a desire to eliminate future accounting problems. However, as the issue was discussed further, it was agreed that it would be unfair for residents who were offered sewer service in the next five to ten years. These residents would be refunded $300-$400 in 1990 and have to pay an estimated SAC of $700-$900 when they connect to sewer. Therefore it was agreed to hold all SACS inside the area which the city anticipated serving by the year 2000 (See the map in the appendix for an outline of this area). How Should the Person be Contacted? -, In debating to whom the refund should go, the City CounciL also debated how to contact them. Several alternatives were discussed including placing an ad in the official newspaper and sending a letter to the current property owner. The latter option was chosen since it was felt it would be more effective in reaching people to refund money to and would provide the names of the property owners to whom the check should be made out. The idea of placing an ad was dropped since it was felt it would result in a large number of people calling to get money that may not be due to them. How was the Escrow Account Recorded in the Financial Records? prior to 1986, the escrowed funds were included as part of the City's General Fund. As such, any interest earned on these funds was included in the General Fund. While a separate accounting of these funds should have been kept, none was. In 1986, a separate Escrow Fund was created and $68,675 was deposited in the fund for SACs collected but not remitted to MWCC. It was originally unclear how this amount related to the SAC list used to determine refunds, since this list totaled $92,825 as of January 1, 1986. Further research during the summer of 1990, disclosed that for the period of 1973 through December 1977, all SACs for buildings not hooked into the Metropolitan Disposal System were remitted to MWCC. This was in direct conflict with the letter from MWCC dated November 16, 1988 in which MWCC confirmed that they were holding no SACs for units not hooked into the sewer system. ) \ ~) 3 \ ) Upon discovering this discrepancy, Lois Spear, Controller for MWCC was contacted to determine the proper steps to request a refund of these charges. She indicated that since MWCC's refund program had expired December 31, 1989, a formal request and city resolution requesting the Commission grant an exception to the program be submitted. The Andover City Council approved resolution number R062-90 on May 15, 1990 and forwarded this resolution to the MWCC for consideration. (See Appendix F for the resolution). On June 19, 1990 the Metropolitan waste Control Commission adopted resolution number 90-173 extending the SAC Rebate Program to the City subject to the completion of an audit by MWCC staff. This audit occurred in mid-July and MWCC approved a disbursement to the City of Andover in the amount of $20,825.00. In addition, MWCC, through the completion of the audit, acknowledged their holding of 32 SACs for properties inside the City anticipated year 2000 service area totaling $10,425.00 (See Appendix E for a list of these addresses.) A summary of the activity of SACs within the Escrow Fund'is" included in the next section of this report. ) Should SACs be Refunded with Interest? The City Council debated this topic at length. The intent of the 1977 resolution was to hold the SACs within the City so that they could be refunded with interest instead of hoping the MWCC would eventually refund them with interest. However, several factors caused the City Council to reverse this point of view. These factors included: MWCC's policy to refund without interest, the option to have the City hold the funds and apply all interest to future SAC charge, the legal opinion that the City was not obligated to pay interest and the fact that the financial records did not allocate interest to these escrows until 1986. REFUND PROGRAM RESULTS On March 20, 1990, 210 letters were sent to the current owners of property outside the City anticipated year 2000 service area for which a SAC had been collected. The unshaded area of the map in the appendix shows the area outside the anticipated year 2000 service boundary. The bottom of the letter included an area for the owner to indicate their name and, by checking a box, their desire for a refund or to have the City continue holding the amount in escrow. ) At the request of City Council, second notices were sent to the 41 property owners who had not responded by the April 30, 1990 deadline. 4 , ') '..-/ The following is a summary of the responses: Percent of Number Letters Sent Amount Responded: Requesting refund 178 84.76 % $ 74,450 Requesting city escrow funds until hook-up is made 22 10.48 8,075 Total Responses '!OO 95.24 82,525 Non-responses 9 4.29 3,600 Letters not deliverable 1 .47 425 Totals no 100.00 % $ 86,550 --- -------- __a_____ SUMMARY OF ESCROW FUND The following is a summary of the until the final refunds were made interest earnings): escrow fund from its inception on November 6, 1990, (excluding ............, o Amount Deposited in Escrow fund upon its Creation in 1986 SACs Escrowed in 1986 Escrows Used for Hook-ups in 1987 Escrows Used for Hook-ups in 1988 Escrows Used for Hook-ups in 1989 Refund From MWCC Amount Available for Refunds Refunds paid Amount held in escrow by city $ 68,675 12,825 (1,250) (2,400) (1,300) 20,875 $ 97,425 74,450 $ 22,975 -------- Amount escrowed by City inside anticipated year 2000 boundary Amount escrowed by city outside anticipated year 2000 boundary Miscellaneous difference $ 10,500 12,100 375 Amount held in escrow by city $ 22,975 -=----== :-.J For a listing of the property owners and addresses receiving refunds or choosing to have the City escrow the charges, see Appendices Band C, respectively. For a list of addresses inside the anticipated year 2000 MUSA boundary, see appendix D. 5 , '\ \~ APPENDIX A ORIGINAL LIST OF ADDRESSES DATE ADDRESS COST -------- -------------------------------------- --------- 6-28-74 31 Constance Blvd 300.00 8-29-73 56 - 146th Lane NW 275.00 10-15-76 59 Andover Blvd 350.00 7-22-86 74 Andover Blvd 475.00 6-18-85 124 - 170th Avenue NW 425.00 5-29-74 130 - 157th Avenue NW 300.00 5-04-77 134 - 146th Lane NW 375.00 8-26-77 140 Andover Blvd 375.00 2-24-75 156 - 150th Lane NW 325.00 5-16-74 157 Constance Blvd 300.00 7-02-85 183 Bunker Lake Blvd 425.00 4-19-84 208 - 166th Avenue NW 425.00 7-09-74 219 - 150th Lane NW 300.00 6-13-86 219 - 166th Lane NW 475.00 4-30-81 225 Andover Blvd 425.00 10-29-81 225 Bunker Lake Blvd .425.00 8-04-80 227 - 157th Avenue NW 425.00 7-26-85 230 - 146th Lane NW 425.00 5-31-84 236 - 166th Avenue NW 425.00 3-12-75 249 - 150th Lane NW 325.00 '\ 5-26-77 260 Constance Blvd 375.00 ,--.J 5-13-86 264 Andover Blvd 475.00 8-10-78 275 Andover Blvd 400.00 9-20-79 280 - 146th Lane NW 425.00 2-03-86 330 - 146th Lane NW 475.00 7-14-77 331 - 157th Avenue NW 375.00 6-17-83 370 Andover Blvd 425.00 8-11-82 375 Andover Blvd 425.00 9-18-81 375 - 157th Avenue NW 425.00 11-13-84 378 - 166th Avenue NW 425.00 4-18-85 418 Andover Blvd 425.00 3-15-73 442 - 157th Avenue NW 275.00 6-16-86 425 Andover Blvd 475.00 8-13-73 443 - 156th Avenue NW 275.00 3-17-76 445 - 155th Avenue NW 350.00 10-19-77 450 - 156th Avenue NW 375.00 5-23-85 462 - 156th Avenue NW 425.00 7-31-84 475 Andover Blvd 425.00 3-27-85 15818 Ilex(previously 485-158th Ave.) 425.00 7-12-76 500 - 155th Avenue NW 350.00 2-25-77 514 - 155th Avenue NW 375.00 6-05-84 516 - 166th Avenue NW 425.00 6-23-75 517 - 155th Avenue NW 325.00 4-25-83 524 - 159th Avenue NW 425.00 4-02-79 530 - 156th Lane NW 425.00 ~~ 7 , j / DATE '- ) 5-18-79 8-26-76 10-17-77 8-27-74 10-02-84 8-09-73 6-26-75 12-28-78 10-25-79 11-16-79 10-27-78 5-31-85 11-15-84 6-07-78 9-23-76 6-02-78 8-14-79 8-02-83 2-13-78 10-13-83 12-26-85 10-18-73 3-13-86 6-07-84 5-02-73 5-24-79 5-16-79 8-01-84 8-23-78 9-05-84 8-09-83 9-19-86 6-13-86 6-14-76 9-30-80 7-28-83 11- -86 5-17-79 9-14-77 7-18-83 11- -86 5-31-84 1-06-83 5-07-79 7-08-77 10-28-83 8-24-73 7-09-73 \ \) APPENDIX A ORIGINAL LIST OF ADDRESSES - CONTINUED ADDRESS -------------------------------------- 531 - 158th Avenue NW 535 - 155th Avenue NW 550 Bunker Lake Blvd 550 Bunker Lake Blvd 553 - 157th Avenue NW 558 - 155th Avenue NW 566 - 155th Avenue NW 577 - 158th Avenue NW 621 Constance Blvd 624 - 157th Avenue NW 629 - 157th Avenue NW 645 - 148th Lane NW 648 - 157th Avenue NW 665 - 148th Lane NW 680 Constance Blvd 710 - 146th Lane NW 715 Andover Blvd 715 - 146th Lane NW 720 Andover Blvd 720 - 148th Lane NW 725 - 148th Lane NW 745 - 140th Lane NW 765 - 148th Lane NW 835 - 146th Lane NW 838 Crosstown Blvd 840 - 146th Lane NW 880 - 148th Lane NW 885 - 146th Lane NW 885 - 148th Lane NW 887 - 158th Avenue NW 890 - 146th Lane NW 890 154th Lane NW 891 - 154th Lane NW 928 Crosstown Blvd 930 - 148th Lane NW 935 Andover Blvd 943 - 154th Lane NW 945 - 148th Lane NW 971-161st Ave.(prev. 971 Constance Blvd) 1177 - 161st Avenue NW 1269 - 148th Lane NW 1292 - 161st Avenue NW 1350 Bunker Lake Blvd 1374 - 161st Avenue NW 1408 - 146th Lane NW 1412 Andover Blvd 1416 Andover Blvd 1419 - 146th Avenue NW 8 COST 425.00 350.00 375.00 3,600.00 425.00 275.00 325.00 400.00 425.00 425.00 400.00 425.00 425.00 400.00 350.00 400.00 425.00 425.00 '400.00 425;00 425.00 275.00 475.00 425.00 275.00 425.00 425.00 425.00 400.00 425.00 425.00 475.00 475.00 350.00 425.00 425.00 475.00 425.00 375.00 425.00 475.00 425.00 425.00 425.00 375.00 425.00 275.00 275.00 \ ) DATE '1 \ / -/ 9-27-77 7-08-77 10-24-73 5-06-76 7-03-73 2-23-73 12-22-77 11- -86 5-23-73 5-23-73 4-19-74 11- -86 8-17-76 6-15-77 12-13-73 11-02-73 12-03-76 1-22-74 1-18-74 7-05-78 10-24-78 10-26-73 3-08-83 6-12-78 9-06-78 10-07-81 8-29-80 12-13-83 8-16-79 9-07-79 6-08-82 9-12-80 8-01-84 11- -86 7-27-78 10-12-76 5-23-77 2-26-79 10-14-75 10-28-81 10-20-78 4-17-86 6-14-73 8-11-86 11- -86 4-27-84 12-30-76 7-07-86 '\ \ // APPENDIX A ORIGINAL LIST OF ADDRESSES - CONTINUED ADDRESS COST -------------------------------------- 375.00 375.00 275.00 350.00 275.00 275.00 375.00 475.00 275.00 275.00 300.00 475.00 350.00 375.00 275.00 275.00 350.00 300.00 30~00 400.00 400.00 275.00 425.00 400.00 400.00 425.00 425.00 425.00 425.00 425.00 425.00 425.00 425.00 475.00 400.00 350.00 375.00 425.00 325.00 425.00 400.00 475.00 275.00 475.00 475.00 425.00 350.00 475.00 1419 - 146th Lane NW 1428 - 146th Lane NW 1439 - 146th Avenue NW 1439 - 146th Lane NW 1451 - 146th lane NW 1459 - 146th Avenue NW 1480 Andover Blvd 1484 - 148th Lane NW 1502 - 146th Lane NW 1513 - 146th Lane NW 14560 Drake(prev. 1514 - 146th) 1516 - 148th Lane NW 1517 - 146th Avenue NW 1522 - 146th Lane NW 1533 - 146th Lane NW 1534 - 146th Avenue NW 1547 - 146th Avenue NW 1547 146th Lane NW 1549 - 146th Lane NW 1560 Andover Blvd 1650 Andover Blvd 1685 Crosstown Blvd 1685 Crosstown Blvd 1718 Andover Blvd 1781 - 157th Lane NW 1850 - 146th Avenue NW 1919 - 148th Avenue NW 1920 - 147th Court NW 1920 - 148th Avenue NW 1969 - 146th Avenue NW 1969 - 147th Court NW 1970 147th Court NW 1970 - 148th Avenue NW 2165 - 154th Lane NW 2210 - 154th Lane NW 13309 Jay st 13321 Jay st 13440 Jay st 13526 Jay st 13533 Jay st 13576 Jay st 13948 prairie Road 14123 prairie Road 14191 prairie Road 14367 prairie Road 14370 prairie Road 14390 Butternut st 14393 prairie Road 9 APPENDIX A ORIGINAL LIST OF ADDRESSES - CONTINUED , j ) DATE ADDRESS COST -------- -------------------------------------- --------- 6-17-81 14520 Martin Court 425.00 8-27-75 14540 Drake st 325.00 10-31-77 14531 Drake st 375.00 4-04-78 14545 Palm st 400.00 2-06-80 14550 University Avenue 425.00 10-19-82 14569 Killdeer st 425.00 8-23-79 14569 Martin Court 425.00 3-14-83 14570 Martin Court 425.00 8-07-78 14590 Bluebird st 400.00 11- -86 14595 Kiowa st 475.00 5-30-74 14610 Crosstown Blvd 300.00 4-16-86 14620 Linnet st 475.00 5-20-77 14632 Drake st 375.00 7-19-78 14655 Palm st 400.00 3-26-79 14655 Sycamore st 425.00 5-28-82 14670 Linnet st 425.00 4-25-79 14700 Palm st 425.00 6-12-86 14701 Sycamore st .475.00 3-15-79 14705 Palm st 4 2 5... 00 6- -80 14719 Linnet st 425:00 8-25-76 14732 Butternut st 350.00 3-26-74 14744 Evergreen st 300.00 6-26-85 14755 Palm st 425.00 , ) 6-20-79 14755 Sycamore st 425.00 10-02-85 14769 Linnet st 425.00 10-30-80 14789 Linnet st , 425.00 5-05-83 14810 Palm st 425.00 7-05-79 14815 Palm st 425.00 8-07-75 14856 Evergreen st 325.00 5-16-77 14861 prairie Road 375.00 5-08-85 14870 Palm st 425.00 2-27-74 14920 Evergreen st 300.00 2-21-73 14921 Evergreen st 275.00 5-08-74 15080 Evergreen st 300.00 7-24-78 15313 Prairie Road 400.00 3-18-77 15327 Nightingale st 375.00 7-17-77 15340 prai rie Road 375.00 6-01-77 15300 prairie Road 375.00 5-08-86 978-154th La. (prev. 15450 prairie Road) 475.00 5-25-83 15478 prairie Road 425.00 2-06-86 15505 prairie Road 475.00 6-12-73 539-155th Ave. (prev. 15507 Larch st) 275.00 11-06-79 15514 Juniper st 425.00 6-29-73 15524 Kumquat st 275.00 9-13-73 15524 Larch st 275.00 4-01-76 15528 Juniper st 350.00 8-12-77 15534 Kumquat st 375.00 11-15-84 15534 Larch st 425.00 / ) 10 \ ) DATE .) 6-08-79 4-29-85 11-01-77 11-01-84 6-08-73 3-16-73 3-08-78 5-07-84 2-14-74 7-18-79 5-16-77 4-04-79 8-05-77 9-02-76 3-24-77 6-08-79 3-23-73 8-06-79 7-14-77 1-08-75 8-09-73 4-30-86 11-15-85 9-19-75 7-15-81 2-18-77 11- -86 8-17-83 9-12-80 3-24-86 9-07-79 7-12-84 5-07-79 3-29-77 5-25-77 8-19-86 7-08-86 5-08-85 9-28-73 4-23-85 5-12-77 10-05-78 6-30-82 9-10-76 1-18-83 11-16-84 10-18-77 11-16-76 , \) APPENDIX A ORIGINAL LIST OF ADDRESSES - CONTINUED ADDRESS -------------------------------------- 15540 prairie Road 15602 Kumquat st 15614 Kumquat st 15622 Larch st 15630 Sycamore st 15634 Kumquat st 15725 Sycamore st 15783 !lex st 15785 Nightingale st 15787 Swallow st 15830 University Avenue 15833 !lex st 15875 Nightingale st 15845 Sycamore (prev. 15880 Crosstown Blvd) 15880 university Avenue 15883 !lex st 15884 uplander st 15914 Uplander st 15921 Swallow st 15934 Swallow st 15955 Uplander st 15964 Uplander st 15974 university Avenue 16011 Swallow st 16021 Goldenrod st 16030 Uplander st 16032 Swallow st 16040 University Avenue 16060 Crosstown Blvd 16069 Goldenrod st 16080 University Avenue 16120 University Avenue 16279 Crosstown Blvd 16421 Ward Lake Drive 16440 Ward Lake Drive 16473 Crosstown Blvd 16481 Flintwood st 16551 Flintwood st 16595 Ward Lake Drive 16675 Crosstown Blvd 16680 Crosstown Blvd 17095 Crosstown Blvd 17130 Butternut st 17163 Crosstown Blvd 17251 Butternut st 1260 Bunker Lake Blvd 1714 Bunker Lake Blvd 1716 Bunker Lake Blvd 11 COST 425.00 425.00 375.00 425.00 275.00 275.00 400.00 425.00 300.00 425.00 375.00 425.00 375.00 350.00 375.00 425.00 275.00 425.00 375~OO 300.00 275.00 475.00 425.00 325.00 425.00 375.00 475.00 425.00 850.00 475.00 425.00 425.00 425.00 375.00 375.00 475.00 475.00 425.00 275.00 425.00 375.00 400.00 425.00 350.00 425.00 425.00 375.00 350.00 APPENDIX A ORIGINAL LIST OF ADDRESSES - CONTINUED , ) DATE ADDRESS COST -------- -------------------------------------- --------- 10-26-77 1775 Bunker Lake Blvd 375.00 4-02-81 1786 Bunker Lake Blvd 425.00 4-19-85 1787 Bunker Lake Blvd 425.00 10-01-73 1950 Bunker Lake Blvd 275.00 6-14-76 14354 osage(previoulsy 2107 Quinn Dr. ) 350.00 3-10-77 14380 osage(previously 2117 Quinn Dr. ) 375.00 1-24-77 14404 osage(previously 2127 Quinn Dr. ) 375.00 5-29-74 2387 South Coon Creek Drive 300.00 6-21-77 2424 South Coon Creek Drive 375.00 12-05-73 2439 South Coon Creek Drive 275.00 4-11-85 2536 South Coon Creek Drive 425.00 6-15-73 2579 South Coon Creek Drive 275.00 10-10-74 2663 South Coon Creek Drive 300.00 10-04-73 2648 South Coon Creek Drive 275.00 2-23-76 2700 - 161st Avenue NW 350.00 5-12-77 2780 South Coon Creek Drive 375.00 5-20-81 2823 South Coon Creek Drive 425.00 3-22-76 2863 South Coon Creek Drive 350.00 6-01-77 2923 South Coon Creek Drive -375.00 3-31-76 2963 South Coon creek Drive 350-.. 00 10-10-79 2990 South Coon Creek Drive 425.00 11-14-84 3400 South Coon Creek Drive 425.00 8-13-76 13350 Hanson Blvd 350.00 \ 12-31-84 13476 Hanson Blvd 425.00 , / } 6-25-85 13624 Hanson Blvd 850.00 5-28-85 13624 Hanson Blvd 425.00 7-11-85 13624 Hanson Blvd 425.00 10-23-79 13625 Jay st 425.00 7-12-78 13650 Hanson Blvd 400.00 6-28-77 13650 Hanson Blvd 375.00 4-20-84 13678 Jay st 425.00 5-11-77 14400 Quinn Drive 375.00 12-20-83 14515 Drake st 425.00 ---------- TOTAL 108,925.00 \ \ ) 12 \ APPENDIX B ) PROPERTY OWNERS RECEIVING REFUNDS Check Property Number Owner's Name property Address Amount 10052 Gordon/Dorothy Agee 1969 - 146th Avenue $425 10053 Faye Anderson 15505 prairie Road $475 10054 Mark Anderson 14569 Killdeer Street $425 10055 Anoka county Parks 1350 Bunker Lake Blvd. $375 10056 Dennis Barrett 14550 university Avenue $425 10057 Christopher Bauer 236 - 166th Avenue $425 10058 Arden Bedell 14769 Linnet Street $425 10059 James Benolkin 16040 University Avenue $425 10060 John/Ann Bills 14367 prairie Road $475 10061 Glen Boysen 1970 - 148th Avenue $425 10062 Robert Boyum 16481 Flintwood Street $475 10063 Troy Bratsch 15622 Larch Street $425 10064 Paul/Gwen Buran 14810 Palm Street $425 10065 Barry Carlson 15914 Uplander Street $425 10066 Duane/Brenda Dahlstrom 14755 Sycamore Street $425 10067 Ricky Davis 1177 - 161st Avenue '............. $ 425 10068 Gary/Bev Dehn 2210 - 154th Lane .$400 10069 Patrick Dobrava 16120 University Avenue $425 10070 John Eggen 16473 Crosstown Blvd. $475 10071 Dennis Erickson 230 - 146th Lane $425 \ 10072 John/Delia Fields 15787 Swallow Street $425 ,.-J 10073 Thomas/Tamara Finnes 15540 prairie Road $425 10074 Kevin/Chris Fish 835 - 146th Lane $425 10075 Lauren/Viola Frego 1970 - 147th Court $425 10076 Richard/Penny Fuller 13948 prairie Road $475 10077 James Gaikowski 1919 - 148th Lane $425 10078 Kenneth Geise 475 Andover Boulevard $425 10079 Denny Gregerson 219 - 166th Avenue $475 10080 Russell/Linda Haag 15534 Larch Street $425 10081 Stehpen Hamment 524 - 159th Avenue $425 10082 Larry/Sharon Hansen 890 - 154th Lane $475 10083 Bradley Hanson 1920 - 147th Court $425 10084 Troy/Nancy Harris 74 Andover Boulevard $475 10085 Dan/Terry Hasenstein 14670 Linnet Street $425 10086 David Hefner 14719 Linnet Street $425 10087 Marty/Cindy Heilman 720 - 148th Lane $425 10088 David/Jill Hein 621 Constance Blvd. $425 10089 Ronald Heinen 14870 Palm Street $425 10090 Marlo Heyne 275 Andover Boulevard $400 10091 Gordon Hoppe 15534 Kumquat Street $375 10092 David Horst 1292 - 161st Avenue $425 10093 Larry Hovgaard 577 - 158th Avenue $400 10094 Ronald/Mary Isaac 225 Andover Boulevard $425 10095 Kenneth Jindra 15725 Sycamore Street $400 10096 Stephen Johnson 225 Bunker Lake Blvd. $425 10097 Ward Jones III 1969 - 147th Court $425 ) 10098 Jerry/Renee Kessler 15964 Uplander Street $475 , 10099 Cli fton Ki rkeide 885 - 146th Lane $425 13 , APPENDIX B -' ) PROPERTY OWNERS RECEIVING REFUNDS - continued Check property Number Owner's Name Property Address Amount 10100 Duane/Romona Knealing 418 Andover Boulevard $425 10101 paul/Kri sten Knock 15833 Ilex Street $425 10102 victor/Betty Krull 880 - 148th Lane $425 10103 Dan Langley 14655 Sycamore Street $425 10104 Gary Lien 14620 Linnet Street $475 10105 Charles Loegering 15883 Ilex street $425 10106 Ambrose Lucas Jr. 16551 Flintwood Street $425 10107 Daniel Lyden 765 - 148th Lane $475 10108 Paul/Linda Mazzi 935 Andover Boulevard $425 10109 Kevin MCLaughlin 890 - 146th Lane $425 10110 Joe/Sonja Mitchell 725 - 148th Lane $425 10111 Cordell Moe 375 - 157th Avenue $425 10112 Allan/Coral Newcomb 280 146th Lane $425 10113 Richard Novak 715 - 146th Lane $425 10114 Wayne Opsahl 665 - 148th Lane $400 10115 Stanford Osmundson 462 156th Avenue '-... $425 10116 Lewis Richards 930 -148th Lane '$425 10117 James Rooker 14191 prairie Road $475 10118 Karolyn Rucks 840 - 146th Lane $425 10119 Thomas/Rochelle Ryno 14700 Palm Street $425 ) 10120 Dale/Cecile Schmidt 16279 Crosstown Blvd. $425 10121 Melvin Simonson 16032 Swallow Street $475 10122 Rodney Simonson 15602 Kumquat Street $425 10123 Dale Spaulding 14370 prairie Road $425 10124 Richard Stockinger 1850 - 146th Avenue $425 10125 William Swanson 15783 Ilex Street $425 10126 Pamela Sweeney 14701 Sycamore Street $475 10127 Roberrt Allen Thielen 15514 Juniper Street $425 10128 Jai/Dawn Tomisammy 943 - 154th Lane $475 10129 Gene/Jean Torgerson 14755 Palm street $425 10130 scott/Pam Ulrich 887 - 158th Avenue $425 10131 Thorval Vig 14520 Martin Court $425 10132 Lawrence Williams 624 - 157th Avenue $425 10133 Bruce zabel 208 - 166th Avenue $425 10193 Anoka County Parks Dept. 550 Bunker Lake Blvd. $425 10200 John/Barbara Bailey 15340 prairie Road $375 10201 Patrick Barnes 15614 Kumquat Street $375 10204 Severin Brenny 645 -148th Lane $425 10208 John/Deidre Campbell 531 - 158th Avenue $425 10209 James/Vergene Canfield 16021 Goldenrod Street $425 10210 Lawrence capeling 17251 Butternut Street $425 10211 Richard Carlson 15921 Swallow street $375 10215 Dennis Christopherson 14631 Kiowa Street $475 10224 David/Kim Ehoff 14393 prairie Road $475 10225 Ken/Marge Faber 378 - 166th Avenue $425 10231 Billy/Sharon Freeman 375 Andover Blvd. $425 ) 10232 Neal Godfrey 16069 Goldenrod Street $475 , - 10235 Perri Herst 16440 Ward Lake Drive $375 10237 Keith Jensen 14705 Palm Street $425 14 , ) Check Number '\ \ ' j 10241 10244 10245 10246 10247 10251 10259 10260 10262 10269 10273 10274 10275 10277 10278 10280 10283 10285 10289 10299 10545 10547 10555 10556 10557 10560 10561 10567 10589 10597 10598 10602 10603 10859 10860 10861 10862 10863 10864 10865 10866 10867 10868 10869 10870 10871 10872 10873 10874 '- ) APPENDIX B PROPERTY OWNERS RECEIVING REFUNDS - continued Property Owner's Name Richard Krusemark Greg/Cindy Linder Douglas Lindquist Lyle Lindquist Wayne/Janet Margotto Russ/Tricia McGlenn Greg/Debbie Miles Ric Minetor John/Karmen Mohlencamp Gerald Olson Robert Peach Leroy/Carol pehan Thomas Petrich Jeff Price Donald/Audrey Ramsey Tsidro Reyes Eugene Schaffer Roger Sharon David Sunderland John Wolf Constance Free Church Scot Dannenberg Harold Johnson Daniel Johnson Steven Jonak Gordon Kohout Steve Kurkowski Metro. Mesquito Control Gary/Debbie Redding Ron/Kathy Solberg William Spence Randy/Karen Toews James Torgerson Thomas/Marlene Adler Monico Ancheta Anoka County Parks Douglas Beck Jim/Patti Bohnen Douglas/Janet Boyer Thomas Braun Jay/Sharon Brown Lawrence Cardinal Renato/Alma Castro Danny Chase Tom Chouinard Jerome Colbert Luke/Mary Jo Davich Rich/Jackie Dickison Neil Erickson property Address 2990 S. Coon Creek Dr. 648 - 157th Avenue 885 - 148th Lane 945 - 148th Lane 134 - 146th Lane 14861 prairie Road 17095 Crosstown Blvd. 17130 Butternut Street 140 Andover Boulevard 15880 University Avenue 15830 University Avenue 16421 Ward Lake Drive 14815 Palm Street 330 - 146th Lane 14570 Martin Court 2823 S. Coon Creek Dr.. 16675 Crosstown Blvd. ~ 14569 Martin Court 260 Constance Boulevard 530 - 156th Lane 16060 Crosstown Blvd. 425 Andover Blvd. 14789 Linnet Street 2165 - 154th Lane 710 - 146th Lane 2536 S. Coon Creek Dr. 516 - 166th Avenue 1260 Bunker Lake Blvd. 978 - 154th Lane 14655 Palm Street 15818 Ilex Street 1920 - 148th Avenue 227 - 157th Avenue 1480 Andover Blvd. 2663 S. Coon Creek Dr. 550 Bunker Lake Blvd. 219 - 150th Lane 157 Constance Blvd. 16030 Uplander Street 15528 Juniper street 14921 Evergreen Street 15785 Nightingale st. 2648 S. Coon Creek Dr. 15630 Sycamore Street 14123 Prairie Road 56 - 146th Lane 2780 S. Coon Creek Dr. 15524 Larch Street 31 Constance Boulevard 15 Amount $425 $425 $400 $425 $375 $375 $400 $425 $375 $375 $375 $375 $425 $475 $425 $425 $425 $425 $375 $425 $850 $475 $425 $475 $400 $425 $425 $425 $475 $400 $425 $425 $425 $375 $300 $375 $300 $300 $375 $350 $275 $300 $275 $275 $275 $275 $375 $275 $300 \ ) APPENDIX B PROPERTY OWNERS RECEIVING REFUNDS - continued Check property Number Owner's Name property Address Amount 10875 Richard Erickson 14610 Crosstown Blvd. $300 10876 Byron Gardner 514 - 155th Avenue $375 10877 John Gross Jr. 15845 Sycamore Street $350 10878 Larry/Madelin Hoopman 500 - 155th Avenue $350 10879 Michael/Julie Knoll 539 - 155th Avenue $275 10880 David Larson 15955 Uplander Street $275 10881 Paul/Susan Lemieux 15634 Kumquat Street $275 10882 Donna Lexcen 16596 Ward Lake Drive $275 10883 Rodney/Dayna Lundgren 16011 Swallow Street $325 10884 David/Sharon McCarthy 14744 Evergreen Street $300 10885 Guy Naslund 445 - 155th Avenue $350 10887 Alden Riley 566 - 155th Avenue $325 10888 Ralph Sandberg 249 - 150th Lane $325 10889 Roger Schultz 928 Crosstown Blvd. $350 10890 Robert Steele 16680 Crosstown Blvd. $350 10891 Arnold Swenson 15934 Swallow Street "- $300 10892 Sharon Thompson 838 Crosstown Blvd. ............ $275 10893 David/Ching-Fen Wang 14920 Evergreen Street $300 10894 M.W. Weltman 2579 S. Coon Creek Dr. $275 10895 Mary White 971 - 161st Avenue $350 \ 11111 Charles Carrolli 156 - 150th Lane $325 , ) 11118 James Ellison 59 Andover Boulevard $350 11119 Don Emmerich 2439 S. Coon Creek Dr. $275 11120 David Faddler 2700 - 161st Avenue $350 11121 Authur/Mary Fedie 745 - 140th Lane $275 11124 Charles Fields 2963 S. Coon Creek Dr. $350 11125 James Fields 2923 S. Coon Creek Dr. $375 11130 Stanley/Blanche Hocks 14732 Butternut Street $350 11131 Dewey/Marlyn Johnson 17163 Crosstown Blvd. $350 11134 Dale Lex 15524 Kumquat Street $275 11151 Richard/Renate Pearson 2863 S. Coon Creek Dr. $350 11155 Joseph/Shirley Rades 517 - 155th Avenue $325 ** Anoka County Parks Dept. 550 Bunker Lake Blvd. $3,300 Total - 178 Refunds $74,450 =__a==zs ** - This check was approved by the Andover City Council on November 6, 1990. \ \ j 16 ,) APPENDIX C PROPERTY OWNERS AND ADDRESSES REQUESTING THE CITY OF ANDOVER ESCROW THEIR SAC UNTIL HOOK-UP Property Owner's Name ,-J Harold Sullivan Ronald/Sharon Frederickson Michael J. Emmons Neal/Jean Larson Dennis/Joyce Madden David B. Fosse Jack/Lois Fritz John Hoglund Gary/Mary Lee Garbe David C. Grorud Mark/Jackie Lipski Bruce Larson Lawrence/Diane Scholzen Gary Fields Pat Schroeder Ronald Sandford Arnold Peterson Robert/Judith Busch Maynard/Eleanor Apel John/Nancy Hartinger John MCKelvey Judith Carlson ** * ** ** ** ** ** ** ** ** property Address 15300 prairie Road 15875 Nightingale Street 558 - 155th Avenue 442 - 157th Avenue 443 - 156th Avenue 450 - 156th Avenue 15974 University Avenue 370 Andover Boulevard 14856 Evergreen Street 14545 Palm Street 629 - 157th Avenue 715 Andover Boulevard 553 - 157th Avenue 15884 Uplander Street 720 Andover Boulevard 130 - 157th Avenue 331 - 157th Avenue 535 - 155th Avenue 1781 - 157th Lane 264 Andover Boulevard 15327 Nightingale street 680 Constance Boulevard 124 - 170th Avenue 183 Bunker Lake Blvd. 891 154th Lane 1374 - 161st Avenue 14390 Butternut Street 15080 Evergreen Street 15313 prairie Road 15478 prairie Road 16080 University Avenue 2424 S. Coon Creek Drive Total Amount $375 $375 $275 $275 $275 $375 $425 $425 $325 $400 $400 $425 $425 $275 '-$ 4 0 0 $300 $375 $350 $400 $475 $375 $350 $425 $425 $475 $425 $350 $300 $400 $425 $425 $375 $12,100 --==---- * - The letter sent for this address was returned by the post office twice as undeliverable. ** - These addresses did not repond to the two letters sent. , \ \~ 17 \ ) APPENDIX D PROPERTIES INSIDE ANTICIPATED YEAR 2000 SERVICE AREA FOR WHICH THE CITY HAS ESCROWED A SAC '1 ,~ pro~erty Address 1269 - 18th Lane 1412 Andover Boulevard 1484 - 148th Lane 1516 - 148th Lane 1547 - 146th Lane 1560 Andover Boulevard 1650 Andover Boulevard 1685 Crosstown Boulevard 1718 Andover Boulevard 13440 Jay Street 13533 Jay Street 13576 Jay Street 14590 Bluebird Street 1786 Bunker Lake Boulevard 1787 Bunker Lake Boulevard 3400 South Coon Creek Drive 13476 Hanson Boulevard 13624 Hanson Boulevard 13625 Jay Street 13650 Hanson Boulevard 13678 Jay Street 14515 Drake Street Amount $475 $425 $475 $475 $300 $400 $400 $425 $400 $425 $425 $400 $400 $425 $ 4 2 5' $425 $425 $1,700 $425 $400 $425 $425 Total $10,500 _a:CC=lSal:l ,.J 18 \ '.-J APPENDIX E PROPERTIES INSIDE THE CITY ANTICIPATED YEAR 2000 SERVICE AREA FOR WHICH THE METROPOLITAN WASTE CONTROL COMMISSION IS HOLDING THE SAC Total Amount $375 $275 $275 $375 $375 $275 $350 $275 $275 $275 $275 $300 $350 $375 $275~ $275 $350 $300 $275 $350 $375 $325 $325 $375 $375 $375 $350 $375 $275 $350 $375 $300 $10,425 ~) pro~erty Address 1408 - 16th Lane 1416 Andover Boulevard 1419 - 146th Avenue 1419 - 146th Lane 1428 - 146th Lane 1439 - 146th Avenue 1439 - 146th Lane 1451 - 146th Lane 1459 - 146th Avenue 1502 - 146th Lane 1513 - 146th Lane 14560 Drake (prev. 1514-146th) 1547 - 146th Avenue 1522 - 146th Lane 1533 - 146th Lane 1534 - 146th Avenue 1547 - 146th Avenue 1549 - 146th Lane 1685 Crosstown Boulevard 13309 Jay Street 13321 Jay Street 13526 Jay Street 14540 Drake Street 14531 Drake Street 14632 Drake Street 1714 Bunker Lake Boulevard 1716 Bunker Lake Boulevard 1775 Bunker Lake Boulevard 1950 Bunker Lake Boulevard 13350 Hanson Boulevard 13650 Hanson Boulevard 2387 S. Coon Creek Drive _a_I:I=I:I_ ) 19 J " \ j " '. / APPENDIX F CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 062-90 A RESOLUTION REQUESTING THE METROPOLITAN WASTE CONTROL COMMISSION REFUND TO THE CITY OF ANDOVER ALL SEWER AVAILABILITY CHARGES PAID FOR PROPERTIES LOCATED OUTSIDE THE CITY ANTICIPATED,!EAR 2000 MUNICIPAL URBAN SERVICE AREA BOUNDARY. WHEREAS, the city of Andover was required to submit to the Metropolitan Waste Control Commission sewer availability charges collected from 1973 through 1987 regardless of whether the property was served by the sewer system; and WHEREAS, the Metropolitan Waste Control Commission offered a refund program to cities to refund the sewer availability charges which were collected for properties not connected to the sewer system; and WHEREAS, the Metropolitan Waste Control Commission informed the City of Andover that it had no units eligible for the refund program since the Metropolitan Waste Control Commission had not received sewer availability charges for properties not connected to the sewer system; and , ' WHEREAS, based on the above information Waste Control Commission, the City of Andover regards to the refund program; and ",~: Metropolitan no action in from took '---. WHEREAS, the City of Andover has discovered additional information indicating that it had units eligible for the program since the City remitted to the Metropolitan Waste Control Commission all sewer availability charges collected for the period of 1973 through early 1977 and not all properties which paid the sewer availability charge during this period are connected to the sewer system; and WHEREAS, the City of Andover believes that the amount paid by these persons totals approximately $30,000. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby requests the Metropolitan Waste Control Commission refund to the City the sewer availability charges remitted to the Metropolitan Waste Control Commission during the period mentioned above for properties located outside the City's anticipated year 2000 Municipal Urban Service Area. Adopted by the City CounciV of the City of Andover on this 15th day of May , 1990. ' ATTEST: 1..L~:j l~a'" Victoria Volk, CIty Clerk 20