HomeMy WebLinkAboutCC November 6, 1990
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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.<'~+
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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:
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V1ctoria Volk, C1ty Clerk
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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
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DATE: November 6, 1990
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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
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PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT
AGENDA.
THANK YOU.
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:: November 6, 1990 111Y ::
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:: - Jim Schrantz was released from the hospital and ::
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:: - The City Council Meeting (11/6/90) will begin at ::
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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':
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October
Jim Schrantz, City Manager
City of Andover
1685 NW Crosstown Bld
Andover, Minnesota 55403
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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.
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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.
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cc: B. Boyum
R. Hemmes
File 90-1-9-8
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CITIES CABLE COMMUNICATIONS COMMISSION
MEMORANDUM
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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.
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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
=
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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
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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.
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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.
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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
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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
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=
$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
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$14,000
$14,000
-0-
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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...
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8:01 P.M.
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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
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Approval of Claims
Adjournment
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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
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MOTION BY
TO
COUNCIL ACTION
SECOND BY
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO.
DATE
ORIGINATING DEPARTMENT
6 November 1990
BY:
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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
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MOTION BY
TO
SECOND BY
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Page Two
In Re: Lots 3 and 4, Block 4, Winslow Hills
Vacation of drainage and utility easements
6 November 1990
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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.,
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. -90
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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
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VACATION OF EASEMENTS
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M. S. 462.358 - HOUSING, REDEVELOPMENT, PLANNING, ZONING
A boulevard reserve means ...
M. S. 412.851 - STATUTORY CITIES
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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.
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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
--- --'- --~
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, -
-- ------.------..- --- -----------_.'------- ----_.
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
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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
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER. MINNESOTA 55304. (612) 755-5100
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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 __ ~ ____
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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
---------------------------------------------------------------------
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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 #
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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.
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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
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GClliIAM BUILDERS
Denotes Wood Hub Set
For Elccavation Chly
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Signed
Lots 3 and 4, Block 4. wrnSLCW HILLS
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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
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CITY OF ANDOVER
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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
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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
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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
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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
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Section of Ordinance
Current Zoning
*********************************************************************
Address
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Name of Applicant
Sr..
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Date / r / /r 7? cJ'~, ,
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** ********* * *.~~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
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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
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'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
, ')
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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
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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
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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~ ~
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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
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MOTION BY
TO
SECOND BY
Page Two
November 6, 1990
preliminary Plat/Roger Hokanson
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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.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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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
:)
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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:
.. . ..
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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.___.'..'-"""_'_'_.. '.
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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
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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
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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
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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. .,
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CITY of ANDOVER
PRELIMINARY PLAT APPLICATION
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street Location of Property: I 717tJ t//1;V'~rf''I/ 4~.
Legal Description of Property, J'~ ~~~ ~ ~ ~~ ~~
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Phone:
Address:
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Description of Request:
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phone: 7 r ,- J / J cJ
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Applicant:
Address:
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Rezoning Request Required: YES [
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NO [....-f" Explain:
Fee:
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Date Paid:
Receipt No.:
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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 '
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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
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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.
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KEH GUST EHTERPRISES
8590 QUARLES ROAD
KAPLE GROVE, KN 55369
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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 '
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Kenneth J. Gus No. 9631
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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
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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
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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
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-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 /
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Victoria Volk, City
Clerk
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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 .
,
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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""....:...::----
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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.
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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
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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
'\
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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
'--~
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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'
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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
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YES
NO
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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/~
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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
./
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This petition was circulated by:
Address:
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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-
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and that the cost of said improvement be assessed against the benefiting
property, as authorized by Chapter 429, Laws of Minnesota.
"
OWNER ADDRESS LEGAL DESCRIPTION YES NO
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This petition was circulated by:
Address:
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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
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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
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'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.
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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
~-
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Thursday, November IS, 1990, 7 p.m.
Bunker Hills Activity Center
550 Bunker Lake Blvd.
Anoka
CITY OF ANDOVER
(over)
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Who Will
Be Notified:
How To
Participate:
Questions:
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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
----
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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
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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
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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.
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Sincerely,
Single Family Housing
SENT BY:Xerox Telecopier 7021 :10-24-90
1~ 11:e1
12:48
COUNTY ADMIN,,,
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t" uvLaw ot ~J..,Ld,OIUl ~ .~ lot
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pnetlce 1111.11. la dhcti,ve Oottl~ 23,
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dated A\I;\I'~' 1190, tit ~I' i:
.ubdivUioft. -.ad apot . loti, AU 1
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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&<y 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&. .'
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"PPlldnn llI\&aI. ,~..&." the
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(IICD rOnl S48U I with .-rf' I'KA
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...... 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,
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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.
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m.... ohegk J.t- 90..6 on. the
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92900, when ~ lIlOrt.;aiO: i. .
flz.t t1M I>uyaa:. %t~ ,c:-~ need not:
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SENT BY:Xerox Telecopier 7021 :10-24-90 ; 12:49
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OCT II '
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...-.._ Ala CClOI4IIlE_ RIU'I1ONI
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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
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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
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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.
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(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.
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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.
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(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.
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(E) Fences which are for the sole purpose of containing non-
domestic animals are not subject to the provisions of this
Ordinance.
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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:
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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.
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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
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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
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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.
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MOTION by Ferris, Seconded by Coleman, to close the pUblic hearing.
Motion carried unanimously.
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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
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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.
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CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
9 October 1990
DATE
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, 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.
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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.
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..f-"._">:.~..:c....:....--....,_. ~-.- ..~------ .._~- -.....-..- --
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* 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
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE Mn'7omh9~~. 19PO
AGENDA SECTION
NO. Staff, Commi ttee, Comm.
ORIGINATING DEPARTMENT
Finance
APPROVED
AGENDA
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BY: '\ ~
FOR
ITEM 10,
NQ Classification of
Fire and Rescue Pers
Howard D. Koolick
BY: Fin;:,n,..p n~ .."'...+-n..
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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COUNCIL ACTION
SECOND BY
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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
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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
, '
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to the Legislative
Counsel shall be allocated among the
7. ALLOCATION OF COSTS
The maximum payments made
participating Agencies as follows:
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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
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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
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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:
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CITY OF BROOKLYN PARK,
By:
Its:
Date:
MKD\CONTRACl\WEAVER.CO~ll.90
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DRAFT 9/11/90
CITY OF CHAMPLIN
By:
Its:
Date:
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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
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SECOND BY
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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
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222 Monroe Street
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3401
LOT SURVEYS COMPANY
ItAYMONDA. PAASCH
"NN. Rea. NO. 6743
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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.
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A. Prasch, R.L.S.
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'--JEFFREY N. CAINE
U.S.
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Caine k Assodates
J:.and Surve!lors, lnt.
17720 HIGHWAY 65
HAM LAKE, MINNESOTA 55304
434-7646
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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.
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. ~effrey N. Caine,Piesident
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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
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COUNCIL ACTION
SECOND BY
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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
-"
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COUNCIL ACTION
SECOND BY
NOV-01-1990 10:12 FROM CITY OF BLAINE
TO
7558923
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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.
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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
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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
."
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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
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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
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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
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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
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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
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*Only copies needing signatures.
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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.-;;~"
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CITY OF ANDOVER
SUMMARY OF RESULTS
OF
SEWER AVAILABILITY CHARGE REFUND PROGRAM
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prepared by
Howard D. Koolick
Finance Director
November 6, 1990
)
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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
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APPENDIX .........................................6
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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
\_)
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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.
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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?
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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
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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. '----,
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)
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.
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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.
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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.
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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
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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
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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
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\~ 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
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DATE
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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
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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
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DATE
'1
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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
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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
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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
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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
,
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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