HomeMy WebLinkAboutCC May 16, 1989
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DATE:
May 6, 1989
ITEMS GIVEN TO THE CITY COUNCIL
Letter from Minnesota Teamsters Public & Law
Park Board Minutes - April 20, 1989
Special City Council Minutes - April 25, 1989
Planning & zoning Minutes - April 25, 1989
Letter State of Minnesota
Building Report - April
Grading plan Oleson Addition
Preliminary Plat Oleson Addition
Letter from Larkin, Hoffman, Daly & Lindgren
Letter from Burke & Hawkins
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT
AGENDA.
THANK YOU.
LAW OFFICES OF
o
JJurke and .Hawkins
70 cc- ,
SUITE 101 ~~c~
=NC=:::=~:~31/~ ?J
PHONE (6121764-299B
JOHN M, BURKE
WILLIAM G, HAWKINS
BARRY M, ROBINSON
May 10, 1989
R ~~~-~~ll~9EIO
CITY OF ANDOVER
Mr. Jay Blake
Andover City Hall
1685 Crosstown Blvd.
Andover, MN 55304
Re: Minnesota Pipe Line Company
Dear Jay:
This letter is to provide you with information concerning the
Minnesota Pipe Line Company's proposed construction within the
City of Andover.
The Minnesota Legislature recently adopted a statute which
provides that the Environmental Quality Board govern the routing
of pipelines and provide for their permitting. The pipeline
routing permit issued by the EQB supercedes and preempts all
zoning, building, or land use rules, regulations or ordinances
promulgated by the City. Therefore the City cannot require the
Minnesota Pipe Line Company to obtain approvals under our zoning
Ordinance for location of the pipeline.
It is my understanding, however, that the company will obtain
road_crossing permits from the City which is permissible.
Hawkins
WGH:mk
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JAMES P. LARKIN
ROBERT 1.. HOFFMAN
.J....CK F'. DALY
QD' KENNETH LINDGREN
NDREW W. DANIELSON
ENOELL R. ANOERSON
ERALO H. FRIEOELL
ROBERT B. WHITLOCK
ALLAN E. MULLlO....N
ROBERT oJ. HENNESSEY
.,JA,.UtS C. ERICKSON
EDWARD J, DRISCOLL
.JAMES p, MILEY
GENE N. FULLER
OAVID C. SELLERGREN
RlCHAAO.J. KEENAN
JOHN D. FULLMER
AOBERT It. BOYLE
FRANK I. HARVEY
RICHARD A. F'ORSCHLER
CHARLES S. MODELL
CHRISTOPHER J. DIETZEN
JOHN -R. BEATTIE
LINDA H. FISHER
THOMAS P. STOLTMAN
STEVEN O. LEVIN
FORREST D. NOWLI N
MICHAEL C. JACKMAN
JOHN E. DIEHL
JON S. SW1ER%EWSKI
THOMAS J. FLYNN
JAMES P.OUINN
TODD I. FREEMAN
STEPHEi't B. SOLOMON
PETER K. BECK
JEROME H. KAHNKE
SHERRILL OMAN KURETICH
GE:RALO L. SECK
JOHN B. LUNDQUIST
DAYLE NOLAN
THOMAS B. HUMPHREY, JR.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
1500 NORTHWESTERN FINANCIAL CENTER
7900 XERXES AVE:NUE SOUTH
BLOOMINGTON, MINNESOTA 55431
TELE:PHONE: 16121 835.3800
TE:LECOPIER 16121 835-5102
2000 PIPE:R JAFFRAY TOWER
222 SOUTH NINTH STREET
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE 1612J 338-6610
TELECOP1ER 16121 338-1002
NORTH SUBURBAN OFFICE
8990 SPRINGBROOK DRIVE, SUITE 250
COON RAPIDS, MINNESOTA 55433
TELEPHONE 16121 786-7117
TELECOPIER 16121786-6711
Reply to Coon Rapids
May 8, 1989
Mr. James E. Schrantz
City Administrator
City of Andover
1685 Crosstown Blvd. N.W.
Andover, MN 55304
.__._...~.__._,--
R. ECE'VEO
. r MA~.'l 0 1989l
CITY OF ANDOVER
Dear Jim:
,0 C_L..
5/1b/g9
DAVID,J. PEAT
FRANCIS E. GIBERSON
MICHAEL T. McKIM
CHARLES R. WEAVER
HERMAN L. TALLE
WILLIAM S. BRANDT
VINCENT G. ELLA
TRACY R. EICHHORN-HICKS
ANDREW,J MITCHELL
,JOHN A. COTTER"
BEATRICE A. ROTHWEILI!:R
PAUL B. PLUNKETT
AMY DARR GRADY
ALAN L. t(ILDOW
KATHLEEN M. PICOTTE NEWMAN
CATHERINE BARNETT WILSON"
.JEFFREY C. ANDERSON
DANIEL L. BOWLES
TODD M. VLATKOVICH
TIMOTHY ,J. Mc;:MANUS
.JILL I. FRIEO/;:RS
GREGORY E. ~ORSTAO
CRAIG A. PETERSON
LISA A. GRAY
GARY A. RENNEKE
THOMAS ,... WEAVER
SHANNqN K. MCCAMBRIDGE
MICHAEL S. COHEN
DENISE M. NORTON
GARY A. VAN CLEVE
MICHAEL B. BRAMAN
,JOSEPH W. DICKER
.JACQUELINE F. DIETZ
GAYLEN L. KNACK
RODN EY D. IVES
.JULI EA. WRASE
CHRISTOPHER.J. HARRISTHAL
RONALD M. STARK, ,JR.
SHARON L. BRENNA
MARl KAY CANAGA LITZAU
OF COUNSEL
.JOSEPH OITIS
,JOHN A. MCHUGH
RICHARD A. NORDBYE
.....LSO ADMITTED IN
WISCONSIN
Enclosed please find the article which appeared in the
Minneapolis paper on Saturday, May 6, in response to my article
dated March 25 which you will also find enclosed. It is about
what we would expect from Hennepin County with the usual
emphasis on the inequities created in South St. Paul and North
Oaks. Commissioner Spartz is correct in that those two
situations could be cured very simply, and I have been a
proponent of that for sometime. However, curing those two
situations is not the proposal that was introduced in the
legislature.
If you have
anyt ime at
questions or
convenience.
comments,
please
let me
know
any
your
Very truly yours,
~ R. WfflWJ-(;;;
Charles
LARKIN,
Ltd.
Weaver, for
DALY &
R.
HOFFMAN,
LINDGREN,
CRW:ts
o Enclosures: 2
at
Star Tribune/Saturday/May 6/1989
o
bisparities:;t~,
law needs ., ,,' \ '
reform
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Charles Weaver's March 25 Counter- '.
point was critical of Hennepin
County's efforts to eliminate or re-
form ihe fiscal-disparities law. This is
to be expected. of the former siate\
legislator who' was the law's cl\[a~'
. author. N'evertheless, to focus on. tax-
,bas~ sharing as the ,method by which!
property-tax equity is to be achieved"'
is ,to ignore what has happened il1~
MInnesota state and local finance to"
r~ally address property-tax disparities',1
SInce ,the fiscal-disparities law: wasu
adopted in 1971. ,:,',,11
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As noted by Weaver the fiscal-dis~'
parities law was enact~d to lessen 'the"
fiscal incentives',for a municipality ,to.,
c~mpete Jor commercial and, indUs""
. tnal property and to zone ,out parks;"
open space and resideritial develop~~
ments. However, there is no pr.oor::
that the fiscal-disparities law has in..
any way influen'ced physical planriing'~
and development decisions. Indeed)'
'exponential. growth in tax-incrcnie-riil!
dist~icts s~ows th!!t municipalitles{{
a~e, IncreasIngly tryIng to capture ad"\'.
dlhonal ,commercial and industrial}>:
'value, th~ough subsidization and in;
ter-community:~~mJletition: : '..~' ':'"'
;. ""..l,,tt, ~(;"i~:"~ (..:) . I' ..lJd
What the fiscal-di;;p~rities law'doesu;
., how~ver, !s penalize ~ 'municipality
"t~at :IS rap'tdly.developIngatthe verT; ,"
hme that,additional tax baseis need- . ,
ed to help,'pay'f6rari increased ievet!>' , ."
of servicesJo, the,'itevi developm'entS'Y'
. And the most ;frustrating aspect': 'of)' .
" the problem:'is thai'much of the ,HM:)'
,base that is ,shared' goes' : from com-. ..
munities with high tax-capacity rates i.
, 'such as Eden Prairie and Minnetonka I'
to municipalities such as. North Oa~.
'and.N1ound~:'V:!ei:,~!lh :,rel~t\ve)y '\; 'f
low taxcCapaclty. rates;.;.:'~.. ,';,(,....:.' ,'. <I ;,,..'!
," '.,..;.::':'~, > ">':}:'~:": ':~":~:i'~"..;iJ:' '",
.;,:N()r.;is th~s.the;:6hly.::,ineci~ity. 'TheJ
: ',~scal-dispariti~s\:law... shareS 'unequa.;Jl '
i :hzed ' value: sO,:.'i'nunicipalities w.\\h'
, poorassessment'-pnictices gain at'the,"',:
: :expense:,o(':well-assessed' localitfes:t;>:
'CertaiIi' muniCipalities' such. as Souih c: :
SI. faulare:"to!ally exempt fro'Ii'i c;
makIng contnbutlOns but continue:to~:
receive distributions from the metro- ,.
p,?litan fisc.al-dispa~ties pooi. l,.ik~~.~~
Wise, a major portion of downto'i>iri <,
St. Paul is exempted from making ',:
fiscal-disparities contributions. And
giving municipalities such as North I
, Oaks a distribution when they con.,,;
tribute very little to the, metropolitan "
pool seems incomprehensible. :' ,:""
. ... . n. ,.... __.. ~ I, '.. ~ .. ...
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The real fiscal disparities between"
communities are caused by costs re.'"
lated to services. The Metropolitan:"
Council studies in the late '60s and...
early '70s on fiscal disparities focusecl '
on school-district costs. The school;",
aid formula enacted in 1971 has rel" ,
duced disparities between school dis-!:
tricts just as' the local-government':;
aid formula and the new disparity.- i.'
aid formula also reduce dispar:ities:~
between other taxing districts. .','
But one of the really strange twists of
fate is that tax-base sharing actually
lowers the amount of state revenue
needed to reduce disparities. In e~
fect; Hennepin County propertyw.x~
payers contribute taxes under the fis-
cal-disparities law with the rest of the ::
metropolitan area ,and. then sUDsti,~I,
tute these .taxesfor payments from:'
the state under. their revenue-sharing-
formula. Is it any wonder that H.~l1:~:
nepin County taxpayers have troub,lert;
seeing the benefit of-this program? ,', ;;,
. .,.,
Hennepin County staff recently coin;::,:
pleted a study showing the inequitie~,;:
of the current property-tax systel)1' tp..:
our taxpayers. At a time when ~he:i'
real costs of"numerous social ,ser:.,',
vices, health, public safety, courts'
and corrections are increasing, ,he;;;
county exports $47 million in proper~,:':
ty-tax dollars to the rest of the metJo-..,
politan area through the fis,cal dispar7.._
ities process. ". . ..
. . f..;' :,\~
That is why the county is urging !he,,,
Legislature to eliminate or, subs,t~n7::
tially reform the fiscal-dlspaqu~.s,\.
law, The Legislature should address..::
,the real fiscal disparities caused .l:1y .:'
the rising costs of providing b~ic",
human and criminal-justice serv.ici:~;.,
and Dot rely on the counterprodu<;-"p
tive and inequitable fiscal-disparities'
law whose contribution: to reducing t
\' disparities is illusionary:, ~ ~,:,')>i
Jeff Spartz, Minneapolis. Chairm~;;al
I : Hennepin .COl!nty ,Board of CommiS;Il:
,\ ' sioners. ':" . :'", ,'",':" ,...\'''il
I'
.........,..
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In detenS8:
,
of fiscal I
disparities !'
Once again Minnesota's fiscal-dispar-
ities law, which provides for the sh~ri'
. f 40 percent of the commercl~
~~gd ~ndustrial tax base in the metro-
olitan .area between nch an~ ~oor,
~unties cities and school d~stn~ts,
has beco'me an issue in the ~eglsla.tl\(,e
session. Hennepin County hsts ,ehm!:
nation or reform of ~he ~scal-<!Isl?an :
ties law as its top leglslatlve pnonty,.,
'I' The fiscal-dispari,ties bill was passe'd.
;,' in 1971 as a response to the tremel!'
,', dous differences in tax base ,l>etweelT
,\ the various cities, counttes ~n?,
\ school districts in the metropohtan
"; area, It was obvious at t~~t time th~t
, the difference in the ablhty of these
'.jurisdictions to raise I?oney to sup';
"port their local services from the
: iproperty tax was simply not accept-,
'able. ' \;
I '..
'The disparities had become a deter:,
'rent to good planning because of the
struggle to accumulate t~x base'.r:ven'
the most basic planmng dec!slol)S
were influenced by the, necess,lty tq
attract commercial and md~stnal dct
, velopment that provided high prop,
'erty valuation. On the other hand,
public facilities such as parks and
open space were resisted becausq
they didn't provide tax revenue~I,
Compounding the problem, t~x h~-,
vens were being created resu!tlng m
inost of the new co":! merclal a~c!-
industrial growth taklOg plac~ 10
communities with .large valuations
, and lower taxes. , .
"1 ' '.
Since the bill became law in 1,971, the
(lisparity in tax base per capita from
lhe richest community to the poorest
community has been reduced froll\
10 to I to approximately 4 to 1. :1
. A
i To illustrate, with tax~bas.e sharing
;, the valuation per capita 10 Ano~
: County is $2,062, whiie in Hen!"ePI?:
\ County the valuation per capl~ IS
\ $3 323 a 50 percent difference. Wlth~
! ou't t~x-base sharing the Anokl1
: County valuation per cal?ita would
~ be $1 490 while Hennepm County
~ would be '$3,685; a difTerence of al.
I most 150 percent. ' i
'I'
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While the bill has substantially
closed the gap, in a report to the 1988
Legislature, Karen Baker and Steve
Hines of House Research wrote that,
"Fiscal disparities will close up mo~e
of thi: equality gap each year, but not
as fast as the gap is increasing." It is
also intcresting to note that of the 10
largest gainers, 5t. Paul has the high-
est net valuation per capita of $2,835.
Among the 10 largest losers, Plym-
outh has the lowest valuation per
capita of $3,149. This simply mean'~
that even though a community may
be a loser in the distribution formula,
the Ibscrs still have more net re-
sources to draw from than any of the,
winners.' "'"
In Hennepin County, 28 of' the 4~
municipalities are helped substantial~
Iy by the tax-base sharing bill whiie
18 communities contribute more to
the pool than they receive back.
However, all of these 18 communi-
ties have been the recipients of sul?~
stantial commercial-industrial
growth and, despite being contribu-,
tors, have considerably more reo
sources to draw from than any of the
28 uwinners,"
The 1988 Tax Reform Act did ad-
dress many of the inequities betweeri
communities statewide. However, we
still must rely substantially on the
local property tax to meet local
spending requirements. In fact. un-
'less changes are made in the '88 tax
bill, there will be an even greater
reliance on the amount of commer-
cial and industrial property in a tax,'
ing jurisdiction's property value. As
long as this condition exists, the fis-
cal-disparities law is vital to equal
economic opportunity in the metr<!- '
politan area: ~
Charles R. Weaver, Coon Ra~lds. A{~
torney, former cbalrman of tbe Met7
ropolltan Council and former state
legislator who was chief autbor of tlil!
fiscal-disparltles law. :,
If the bill were repealed in 1989,
Richfield would lose approximately
$23 million in tax base; Brooklyn,
Park would lose $29 million; Champ-
lin would lose approximately $12
million. 'On the other hand, Minne-
apolis, the largest gainer the year th'e
bill became operational and a su~
stantial winner for the next 10 years,
, is now a loser because of the tremen-
dous increases in tax base over'the
last five years. It is quite possible that
many of the current communities
that gain will go into the losing col-
umn as their tax base develops, but
at that point their tax base will be
competitive with communities with
strong commercial and industrial de-
velopment. '
The fundamental goal of any tax pol~
icy should be to achieve equality be-
tween people who are similarly situ-
ated. In 'the case of income tax and
sales tax, people who earn and spend
the same amount with similar deduc-
tions pay the same amount of tax.
However, since real-estate taxes'are a
function of valuation and spending
in each taxing jurisdiction, we have
always had tremendous disparities iil
real-estate taxes on properties of
equal value in different communities
evcn when local spending is the same
.in the communities, This is the prol>-
lem that the fiscal-disparities law
addresses,and it is working well.
! ;
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sl~t Tribune/Saturday/March 25/1989
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ST ATE OF i\rIINNESOTA
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HUBERT H. HUMPHREY. III
ATTORNEY GENERAl.
ST. PAUL u:'>155
Ap r I I 27. 1989
ADDRESS REPLY TO:
200 FORD BLD<),
117 UNIVERSITY AVE.
ST, PAUL. MN SSISS
TELEPHONE: (612) 296-7S7S
OFFICI<'; OF TDE ..\.'loTOU.:'lJo;'\' GJ.::"'oiEn..\..l.
RE: INSURANCE ANTITRUST LITIGATION -
NOTICE OF COURT ORDER FOR RETENTION OF DOCUMENTS
Dear Classmember:
This letter Is to advise you of significant matters relating to an
Insurance antitrust lawsuit brought on behalf of all political subdivisions and
public entities within the state.
In March. 1988. Attorney General Hubert H. Humphrey, I I I fl led an antitrust
class action against various primary Insurers, reinsurers and brokers who sell
commercial general I labl I Ity (CGL) and certain property Insurance coverages.
The lawsuit alleged generally that the defendants conspired to eliminate or
restrict the availability of CGL Insurance by forcing use of "claims made"
policies and excluding pollution coverage. The lawsuit filed by Minnesota has
been consolidated with the suits of eighteen other states and numerous private
plaintiffs. The consolidated case Is filed In Federal DIstrict Court for the
Northern District of California. Although filed as a class action, the class
has not yet been certified. THE COURT HAS, HOWEVER, ORDERED THAT DOCUMENTS
THAT MAY SERVE AS EVIDENCE IN THE CLASS ACTION BE PRESERVED.
,The Court has Issued the enclosed Document Retention Order dated
February 21. 1989. We are required to provide you with actual notice of this
order and advise you to comply. You are likely to have records that will
support our position In this litigation which may ultimately be to your
advantage. Briefly. the Order states that you should take all reasonable steps
to prevent the destruction or alteration of any documents relating to the
matters described In paragraph 2 of the Order, giving particular attentIon to
subparagraph 2(b). If you have any "document." as defined In the Order.
created after January 1, 1982 which relates 'to your CGL Insurance coverage
and/or your property Insurance coverage for debris removal. seepage. pollution
and contamination exposures, or your abl I Ity to obtain such coverage(s). you
should locate and protect It. Examples of documents to save Include. but are
not limited to, Insurance policies. bids, binders, notices of claims,
correspondence. minutes or notes documenting official or Informal meetings,
cancellation notices and hotlces reflecting changes In premium or coverage. If
some of these documents are In the hands of your Insurance agent or broker.
please ask him or her to retain them.
Your cooperation Is of great Importance to all political and governmental
entities In.the State of Minnesota. Should you have any questions about this
letter or the Order. please contact me at 612/296-0542 or at the address above.
Very truly yours,
o
9a~ l/Jh
PATRICIA NOLTE
Investigator
Antitrust Division
AN EQUAL OPPORTUNITY EMPLOYER
'T,::~., i,
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13 INSURANCE ANTITRUST LITIGATION
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FILED
FEB 2/
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:. .:;~
-UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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C 88-1688 WWS
(All cases)
MODIFIED DOCtDIEN'l'
RETENTION ORDBR
The Court having further considered paragraph 8 of the
Pretrial Order No. 1 relating to the preservation of records in
this litigation and the presentations of counsel, and good cause
appearing,
IT IS HEREBY ORDERED that:
1.
Paragraph 8 of Pretrial Order No. 1 is rescinded and
replaced by the following provisions.
2.
During the pendency of this litigation (including any
period for appeals), the parties and their respective officerl,
agents, servants, employees, attorneys, and all person. in
DOCOMENT RETENTION ORDER
PAGE 1
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3 active concert or participation with them who receive actual
4 notice of this Order by personal service or otherwise, are
hereby directed to take all reasonable steps necessary to
prevent the destruction or alteration of any document (as
defined below) relating to:
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9 (a) Development of comprehensive or commer~ial general
10 liability policy forms by the Insurance Services Office, Inc.
11 ("ISO"), including without limitation the versions of the
12 ~claim8-made" and "occurrence" commercial general liability
13 policy forms filed by ISO with state regulators during or after
14 1984.
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(b) Underwriting files and internal (including intra-
corporate) or external communications regarding the availability
of, or any actual or proposed terms or conditions for the sale
or purchase of, the following types of insurance or reinsurance
in North America:
( i )
commercial general liability insurance
(including "comprehensive general liability
insurance" insofar as that term served as a
predecessor to "commercial general liability
insurance";
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DOCUMENT R.ET ENT ION ORDER
PAGE 2
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(c) Development of the model excess and umbrella
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policy language published by ISO in June 1986.
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(11 )
pollution liability or environmental impairment
liability insurance;
(iV)
property insurance for debris removal, seepage,
pollution, and contamination exposuresr and
(iv)
reinsurance or retrocessional reinsurance for
any of the types of insurance specified in (i),
(ii) and (iii) above.
(d) Contacts and communications between defendants'
officers and managing employees and others regarding the subject
matters specified in paragraph 2(a) through (c) above.
(e) Information in the posse~sion of the reinsurance
defendants (reinsurers, intermediaries, and brokers) recording
their loss experience under reinsurance treaties covering
policies of insurance or, reinsurance of the types specified in
(b)(i)-(iv) above.
(f) Claims files in hard-coPY form in the possession
of the primary insurance defendants with respect to policies of
DOCUMENT RrI' ENT ION ORDER
PAGE 3
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insuran~e or reinsurance of the types specified in (b)(i)-(lv)
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above, but only to the extent required by applicable state law
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or regulation. After expiration of the retention.periods
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required by such state law or regulation, the primary insurance
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defendants may destroy such files (the ~expired files~) under
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the following conditions: Defendants shall give plaintiffs at
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least 30 days written notice of their intention to destroy
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expired files; within such time, the plaintiffs may, at their
10
own expense, identify and take possession of expired files for
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further retention and shall bear the expense of complying-with
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any applicable law or regulation governing the disclosure of
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such files. The plaintiffs shall deposit such files in a
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depository maintained by a neutral custodian to be identified by
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plaintiffs at least 7 days prior to taking possession of the
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files. Plaintiffs shall bear the cost of the depository and
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custodian. Plaintiffs and the custodian shall not review the
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contents of such files unless and until they have been reviewed
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by the defendant who provided the files (or such defendant's
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representative) and any privileged materials have been
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segregated from the files for in camera inspection or other
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disposition by the Court. The foregoing sentence shall not bar
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plaintiffs from inspecting immediately the outer labels or
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containers of files to determine which files have been
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deposited, as long as the contents of the file. are not
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reviewed. ?~aintiffs may destroy such deposited files at any
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DOCUMENT RETENTION ORDER
PAGE 4
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time, in.8 manner reasonably designed to maintain the
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confidentiality of the files at all times prior to destruction,
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and shall promptly inform defendants of such destruction. In
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addition, information derived from claims files, including
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expired files, which has been computerized shall be retained by
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defendants during the pendancy of this litigation (including any
8
period for appeals). Simultaneously with the giving of the
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notice-required above, defendants shall make available to
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plaintiffs such computerized data relating to the expired files
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which defendants propose to destroy. Plaintiffs agree that they
12
will not disclose information contained in the claims files or
13
computerized claims data regarding amounts of reserves or
14
reinsurance relating to particular claims, without further
15
agreement between the parties or decision by the Court. This
16
Order does not impose on defendants any obligation to
17
computerize claims data for purposes of this litigation.
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23
2i
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3. This order pertains to any document created in whole or
in part after January 1, 1982, and before December 31, 1987,
except that documents covered by paragraph 2(a) shall be
retained by ISO if they were created in whole or in part after
January 1, 1977 and before December 31, 1987.
DOCUMENT RETENTION ORDER
PAGE 5
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4. For purposes of this paragraph, wdocument- shall mean
any writing, drawing, film, videotape, chart, photograph,
phonograph record, tape record, mechanical or elec~ronic sound
recording or transcript thereof, retrievable data (whether
carded, taped, coded, electrostatically or electromagnetically
recorded, or otherwise), or other data compilation from which
information can be obtained, including, (but not limited to ) ,
policy forms and draft forms, travel and expense records,
telephone bills and logs, notices, memoranda, diaries,
calendars, minutes, purchase records, computer storage cards or
discs, books, journals, ledgers, statements, reports, invoices,
bills, vouchers, worksheets, jottings, notes, correspondence,
letters, abstracts, audits, charts, checks, diagrams, drafts,
recordings, instructions, lists, logs, orders, recitals,
telegram messages, resumes, s~ries, compilations,
computations, and other formal and informal writings or tangible
preservations of information; provided, however, that documents
or other data in ongoing use may be (a) supplemented with new
data- for normal business purposes as 10ngas such new data can
be distinguished from earlier data, or (b) erased or altered for
normal business purposes as long as versions of the erased or
altered data are preserved in accordance with the terms of this
paragraph.
I
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DOCOMEN'l' RET DlT I ON ORDER
PAGE 6
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s. Any document described or referred to in any discovery
" request made during this litigation shall, from the time of the
request, be treated for purposes of this Order as containing the
5
6 information specified above unless and until the Court rules
such information to be irrelevant.
7
6. The scope of this Order may be modified by agreement of
counsel for the parties, or failing such agreement, by approval
of the Court upon application with notice to all other parties
and an opportunity to be heard.
7. Each of the defendants shall give actual notice of this
order to:
',J
-':;,.... ~'7 -,'"
a. each of its divisions or departments which have been
materially involved in the business of providing any of the
insurance or reinsurance specified in paragraph 2(b)(i)
through (iv) above since January 1, 1982~ and
b. each of its affiliated entities identified on the list
which is attached hereto as AppendixA.
Each of the plaintiff states shall give actual notice of this
order to each of the political or governmental entities which it
purports to represent in these proceedings, with a letter
DOCtJMEN'I' RETENTION ORDER
PAGE 7
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IT IS SO ORDERED.
11 DP.TED:
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. .. (- Is.' 'I
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DOC1JMENT RETENTION ORDER
PAGE 8
...\~.:,~ ': ~~
o
CITY of ANDOVER
MEMORANDUM
TO: ~laYor and City Council
COPIES TO: City Clerk & Administrator
FROM: Buildinq Department
DATE: ~laY 3. 1989
REFERENCE: APRTT. 1999 Monthly
I hereby submit the following
of April 1989,
BUILDING PERMITS
36 Residential
1 Addition
2 Garages
2 Remodeling/Finishing
1 Commercial Building
3 Swimming Pools
2 Chimneys
14 Porches/Decks
61
Building Deparrm~nr R~porr
report of the Building Department for the Month
PERMITS
61 Building Permits
2 Curb Cut
31 Heating
5 Heating Repair
26 Hook Up (Sewer)
39 Plumbing
1 Plumbing Repair
23 Pumping
8 Septic
2 Septic Repair
7 Well
2 Well Redrill
25 Water Meter
38 Certificate of Occupancy
36 Contractor's License
APPROXIMATE VALUATION
$3,248,000.00
10,000.00
11,500.00
42,000.00
75,000.00
30,000.00
1,700.00
49,500.00
$3,467,700.00
FEES COLLECTED
20,784.55
10.00
725.34
65.00
650.00
2,103.75
15.00
57.50
200.00
50.00
105.00
30.00
1,250.00
152.00
900.00
Total Building Department Income--April 1989'
Total Building Department Income--YTD 1989
Total Valuation--April 1989
Total Valuation--YTD 1989
27,098.64
75,698.21
$3,467,700.00
$9,917,205.00
o
Total Number of Houses YTD (1989) - 100
Total Number of Houses YTD (1988) - 99
Total Number of Houses 1988 - 356
Total Number of Houses 1987 - 381
I--'~~
18;7
O~(
, _._. ___._'J
~ Cc
MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES UNION
LOCAL NO. 320 FS S'Jlo/~'i
affiliated with the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS. WAREHOUSEMEN & HELPERS OF AMERICA
3001 University Avenue S.E. - Minneapolis, Minnesota 55414- Phone (612) 331-3873
'FAX (612) 331-8948
s)~g9
May 8, 1989
R~~-E9'1~91D
Mr. Wayne High
Mediator
Bureau of Mediation Services
1380 Energy Lane, suite #2
st. Paul, Mn 55108
CITY OF ANDOVER
RE: city of Andover and Teamsters Local No. 320
Case No. 89-PN-331
Dear Mr. High:
The Employer representative, Mr. Cy Smythe indicated in our
Mediation Session of March 29, 1989 that within two weeks we would
be receiving a comprehensive proposal in the above referenced case.
I called Mr. Smythe's office the week of April 17, 1989 and was
informed that the city of Andover would, in fact, be making such
a proposal to us.
Today is May 8, 1989 and we have as yet not heard one word from the
Employer or the Employer representative concerning this matter.
Would you please schedule another Mediation Session. The Union is
making an official request that the Mayor and Council of the city
of Andover be required to attend this Mediation Session.
If you have any questions please feel free to contact our office.
Sincerely,
TEAMSTERS LOCAL NO. 320
~!+L
Business Agent
LMB/jms
OPEIU-#12
o
United To Protect
....(1'
o
o
****************************************************************
*~************************************************************~*
~~ **
~ ~
~~ **
~~ **
~~ ~ **
~~ **
~~WHAT'S~~~!.~NING1J. H
~~ **
~~ **
~~ **
~~ **
~~ **
~~ Schedule a future work session to discuss the **
~~ **
~~ following items: **
~~ **
~~ **
~~ Rea Oaks/Kensington Storm Drain **
~~ **
~~ **
~~ Disaster Plan **
~~ **
~~ **
:: TIF Policy ::
~~ **
~~ **
~~ **
:: (A) Anoka-Hennepin School District ill's ::
~~ Community Education Department at the **
:: District Advisory Council is hosting the ::
:: Annual Certificate of Compliance Meeting, ::
~~ wednesday, May 24, 1989. See attached **
:: memo. I have responded that I will ::
~~ attend. **
~. **
~~ **
:: (B) The City Co~ncil should have received a ::
~~ memo from the Oak wilt Steering Committee **
:: announcing a meeting May 18, 1989, from ::
:: 7:00 to 9:00 p.m., at Bunker Hills ::
~~ Activity Center. Ray Sowada, Andover's **
:: Tree Inspector, will attend. The rest of ::
~~ us will be at Andover's Work Session. **
~~ **
~~ **
:: (C) Attached is a letter from the League of ::
~~ Minnesota Cities discussing the Minnesota **
:: court of Appeals. The League of Minnesota ::
~~ Cities created the Municipal Amicus **
:: Program (MAP). MAP's creation enabled the ::
:: League to develop asystematic method of ::
~~ influencing the development of judge-made **
:: law in Minnesota. ::
~~ **
:: MAP is funded by separate dues from cities ::
:: voluntarily becoming members. ::
~~ **
:: They are encouraging Andover to consider ::
~~ becoming a member. I have asked Bill **
:: Hawkins to discuss the merits of MAP with ::
:: the City Council. ::
~~ **
~. ~
~~**************************************************************
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
o
Closed Meetings - Minnesota statutes 471.705
1. By majority vote in a public meeting, the council can decide
to hold a closed meeting to discuss labor negotiations.
2. The time of commencement and place of the closed meeting
shall be announced at the public meeting.
3. A written roll of the members and all other persons present
at the closed meeting shall be made available to the public
after the closed meeting.
4. Proceedings shall be tape recorded and saved for two years
after the contract has been signed and shall be made
available to the public after all labor contracts are signed
by the governing body for the current budget period.
o
~noka-~nnepin
!Independent
School g)ishict Jlo. 11
SCHOOL BOARD
Larry Ragland, Chairman
Susan Anderson, Vice Chairman
Jon Stone cash, Treasurer
Betty Hardie, Clerk
Michael Sullivan, Director
Denis Kelly, Director
Dr. Lewis Finch, Superintendent
EDUCATIONAL SERVICE CENTER
11299 Hanson Boulevard N.W, . Coon Rapids, Minnesota 55433
612/422.5500
10 c, C,..
sjlb/g-r
April 27, 1989
------
Jim Elling
2204 - 176 Lane
Andover, M N 55304
Dear Jim:
The Com m unity Education Department and the District Advisory Council
for Anoka-Hennepin School District will be hosting the 14th Annual
Certificate of Compliance meeting. A breakfast meeting has been
scheduled for Wednesday, May 24, 1989, from 8:00 - 9:30 a.m. at the
Anoka-Hennepin Staff Development Center (see enclosed map). This
meeting will bring together city, school, county, and com munity people to
discuss ways to improve Community Education in District No. 11 through
cooperation and coordination.
Our goal is to have a minimum of one representative from each of the
municipal governments, county governments, school district, and the
agencies from our area. Therefore, we request that you or a representative
of your organization attend. Please return the enclosed registration sheet
by Friday, May 19, in order that we can make accurate breakfast
reservations. Please join us, if you can, as your ideas and feedback are
vital. if you have any questions or concerns, please call Dennis Carlson at
422-5314.
LF/NBI-:KLZ
o
"Every Student Will Learn"
o
ANOKA-HENNEPIN COMMUNITY EDUCATION PROGRAM
CERTIFICATE OF COMPLIANCE MEETING
Wednesday, May 24, 1989
Staff Development Center
AGENDA
8:15 a.m.
Welcome: Janet Davenport, Governmental/Public Relations Director
Breakfast (cafeteria)
8:00 a.m.
8:45 a.m.
Entertainment: Merry Music Makers
9:00 a.m.
Community Education Overview: Dennis Carlson, Community Education
Director
9:15 a.m.
Discussion: Mary Lou Gorski, Community Education Manager
SK/DC/NBI-LLR
Anoka-H~nnepin
Staff Development Center
2727 N. Ferry Street, An 0 Ica MN 55303
422-5330
Martin Sl
Ple"anl Sl
10 E
Enter the parking lot from Ferry St.
or Martin St. The overflow lot Is on
the south side along MartIn St.
Use the new entrance to the Center
followIng the sIdewalk to the canopy
adjacent to the whIte "arches",
-,
o
o
CERTIFICATE OF COMPLIANCE REGISTRATION FORM
Please return by May 19, 1989:
Yes, I will be attending
Name:
Representing:
Home Phone:
Work Phone:
Please return to:
Anoka-Hennepin Community Education Department
2727 N Ferry Street
Anoka, MN 55303
CP IDC/NBI-LLR
o
l5Il UNIVERSITY OF MINNESOTA
C C:. aO/1~'
MINNESOTA EXTENSION SERVICE
Cc; .:JfS
Anoka County Extension Office 5.~1 0 '
Activities Center ,
550 Bunker Lake Blvd. N.W, .-f-;O eel
::;:":" R ~;~fl~ ED 77~
May 5, 1989
CITY OF ANDOVER
Dear Mayors and council Members:
An Oak wilt Control steering Committee was recently formed to
discuss the Oak wilt problem that we are faced with in Anoka
County. This is a complicated problem involving not only control
of oak wilt but also the negative economic impact on property
values.
A meeting is planned for Thursday, Hay 18th, 7:00 - 9:00 pm at
the Bunker Hills Activities Center. Commissioners and city and
township administrators have been invited.
Our objective is to put together an orderly cost effective plan
to control oak wilt while maintaining property values and saving
our most vital natural resource. We need your ideas on ways that
the county and communities can work together and share resources
to control oak wilt.
Dr. David French, Professor from the university of Minnesota will
be on hand to discuss the technical aspect of oak wilt and its
control. David stephenson, Minnesota Department of Agriculture,
will discuss the results of the state oak wilt aerial survey,
which reveal the devastating situation we face, and city
ordinances. Harvey Buchite, Anoka County Extension will moderate
and give a brief overview of the Oak wilt/Diseased Tree Hotline
program to inform and educate the public.
We urge you to join us for this meeting.
Sincerely,
Oak wilt steering committee
o
Dr. David French, University of Minnesota
Dave Torkildson, Anoka County Parks Department
Janette M6near, Oak wilt Hotline Coordinator
David Stephenson, Minnesota Department of Agriculture
Marty Asleson, city of Circle pines
Mike Hoffman, city of Lino Lakes
Andy Neal, city of Lino Lakes
Lowell Lubeck, city of Coon Rapids
'CC: Jay B1 ake]
The University of Minnesota, including the Minnesota Extension Service, is committed to the policy that all persons
shall have equal access to its programs, facilities, and employment without regard to race, religion, color, sex,
national origin. handicap, age. veteran status. or sexual orientation.
UNIVERSITY OF MINNESOTA, U,S, DEPARTMENT OF AGRICULTURE. AND MINNESOTA COUNTIES COOPERATING
o.
II
183 University Ave. East
,St. Paul, MN 55101.2526
(612) 227.5600 (FAX: 221.0986)
League of Minnesota Cities
May 2, 1989
Jim Elling
Mayor of Andover
city Hall: 1685 Crosstown Blvd. N.W.
Andover, MN 55304
Dear Mayor Elling:
In 1983 the Minnesota Court of Appeals was created with the goal of
reducing the significant case load facing the Minnesota Supreme
Court. The creation of the court of Appeals had an immediate and
direct effect on cities by dramatically increasing the number of
reported judicial decisions affecting them. What were previously
unreported decisions of three-judge district court panels became
reported pronouncements from the State court of Appeals.
In reaction to the increased volume of appellate decisions
affecting cities, the League considered and eventually created the
Municipal Amicus Program (MAP). MAP's creation enabled the League
to develop a systematic method of influencing the development of
judge made law in Minnesota. Prior to the creation of MAP the
League only had the resources to file amicus curiae briefs in about
two or three cases a year. Since the creation of MAP" in March of
1986 the League has filed briefs in 24 appellate court cases. Of
the cases with final dispositions the Courts have decided 16 in
keeping with some or all of the arguments made in the League's
briefs (See enclosed summary of cases.). Of particular
significance is the fact that we have been a factor in getting the
Supreme Court to overturn eight unfavorable Court of Appeals
decisions. The Supreme Court has quoted us on several occasions.
We believe MAP is meeting its objective of influencing the
development of judge made law affecting Minnesota cities.
As most of "you are aware, MAP is funded by separate dues from
cities voluntarily becoming members. Currently, 155 of the 854
cities in Minnesota pay dues to support the efforts of MAP
Of the state's 75 largest cities, 40 are members.
o
We encourage your city to seriously consider supporting MAP. Its
achievements attest to its value, and we believe it is worthy of
your city's support. We believe larger cities are particularly
o
o
benefitted due to the level of their municipal activity and the
consequent increased potential of litigation.
If you would like to discuss the program or have someone from the
League further describe its benefits to you or the city council,
please contact me, stan Peskar or Tom Grundhoefer at the League
offices.
We look forward to hearing from you.
~~
Donald A. Slater
Executive Director
.j
o
MUNICIPAL AMICUS PROGRAM
REVIEW
(6/1/86 to 5/1/89)
Since June of 1986 the Municipal Amicus Program (M.A.P.) has
filed 24 amicus briefs. The program has allowed the League to
have greater impact on the increasing volume of appellate court
cases affecting Minnesota municipalities. On a number of
occasions the Supreme Court specifically cited from the League's
brief as a basis for deciding in the cities' favor.
Of the cases in which the League has filed a brief, we have
received 16 favorable decisions, 3 unfavorable decisions and 2 no
decisions. There are currently 3 cases waiting final
disposition. Of particular significance is the fact that we have
been a factor in getting the Supreme Court to overturn 8
unfavorable Court of Appeals decisions. No.. favorable decision of
the Court of Appeals has yet been reversed by the Supreme Court.
The program has filed briefs or memoranda in the following cases:
1. Lund v. Hennepin County: a case challenging the
constitutionality of the state's property tax system.
Disposition: Case was decided in the County's favor by the
Minnesota Supreme Court. The United Stated Supreme Court
dismissed an appeal.
2. Anderson v, city of Hopkins: a case challenging the right of
a city and its employees to immediately appeal to the Court of
Appeals, from a trial court's wrongful denial of a .summary
judgment motion on the issue of qualified immunity.
Disposition: Case was decided in City's favor ,establishing an
immediate right to appeal. The case allows cities to potentially
avoid burdensome litigation in otherwise frivolous lawsuits.
3. Wesala v. city of Virginia: a'case challenging the Court of
Appeals decision holding that a city waives its various statutory
immunities by belonging to the League of Minnesota cities
Insurance Trust (LMCIT).
o
Disposition: After accepting the case for review, the Minnesota
Supreme Court reversed itself and decided not to hear the appeal.
4. Swanson v. city of Bloomington: a case involving the scope of
judicia~ review of municipal zoning decisions.
Disposition: The Minnesota Supreme Court reversed the Minnesota
Court of Appeals and held that the scope of judicial review of a
municipal land-use decisions is limited to a review of the record
before the council, if there is a verbatim transcript of that
record and if the public hearing was fair and adequate.
5. City of Eden prairie v. Leipke: a case involving the extent to
which a city may be estopped from enforcing its zoning ordinance c:>
because of alleged actions of the city's zoning and building
officials.
Disposition: Court of Appeals ruled against the City and
returned the matter to the trial court for further testimony.
6. Chabot v. city of Sauk Rapids: a case reviewing the issue of
the whether a city council's decision to undertake a storm sewer
improvement after it has knowledge of the storm-sewer's
inadequate capacity, is a discretionary decision immune from
liabil i ty .
Disposition: The Minnesota Supreme Court reversed the Minnesota
Court of Appeals and held that such decisi.ons are discretionary~
and there is no duty to correct the inadequacy.
7. Anderson v. City of Willmar et al: a case addressing the
issue of whether a police civil service commission may lawfully
use independent examiners to conduct examinations and make
recommendations concerning prospective job applicants.
Disposition: The Minnesota Supreme Court reversed the Minnesota
Court of Appeals and found that use of independent examiners was
not an unlawful delegation of authority.
8. Shortridge v. City of Maplewood et al: a special assessment
matter raising the issue of whether a property owner may
challenge a special assessment 4 years after it has been imposed,
on the ground that the notice of hearing contained a defect. The
Court of Appeals held that the property owner could bring the
challenge.
Disposition: The Minnesota Supreme Court reversed the decision
of the Court of Appeals and held that the property owner could
not challenge the assessment 4 years after it had been adopted.
9. Independent School District #254 v. City of Kenyon: a special
assessment case challenging the City's method of apportioning
assessments for storm trunk sewer projects.
Disposition: The Court of Appeals found against the City.
10. Bahr v. City of Litchfield: a case challenging a civil
service promotion decision. Plaintiffs claimed defects in the
process, but waited approximately 18 months before bringing their
lawsuit.
Disposition: The Minnesota Supreme Court reversed the Court of
Appeals and found that posting of written notice of the promotion
decision was sufficient to commence the running of the 60 day
period in which to challenge the decision. The Court of Appeals '0..
had required personal service of the notice.
o
11. city of Minneapolis v. Krawsky,: a case challenging the
constitutionality of the state's obstructing Legal Process
statute (M.S. 609.50). The trial court and the Court of Appeals
ruled the statute unconstitutional vague on the basis of city of
Houston v. Hill.
Disposition: The Minnesota Supreme Court reversed the Court of
Appeals and upheld the State's obstructing Legal Process
statute.
12. Minnesota Teamsters v. Washington County: a case addressing
the issue of whether health insurance for retirees is a mandatory
subject of bargaining under the Minnesota Public Employees Labor
Relations Act (MPELRA).
Disposition: The Court of Appeals found in favor of the County.
Review was accepted by the Minnesota Supreme Court. The matter
was eventually dismissed when the 1988 Legislature passed a law
on the question.
13. State v. Holmquist: a case involving the doctrine of
discretionary immunity and whether the doctrine applies in
instances of alleged failure to place a no shoulder sign on ou~
road.
Disposition: The Court of Appeals found against the State. The
Minnesota Supreme Court reversed the Court of Appeals and held
that the State was not liable. However, it did not decide the
discretionary immunity issue but ruled for the State on the basis
of causation.
14. Crystal Green v. City of Crystal: a case involving a
challenge to a road dedication requirement. The challenge was
brought after the plat had been approved and recorded. In order
to secure plat approval the developer agreed to the dedication
requirement "under protest." The City argued that the challenge
was brought too late.
Disposition: The Court of Appeals held thatt'he'~hai1erige. to the
dedication requirement had to have been made prior to plat
approval and recording. The Minnesota Supreme Court denied
further review. The decision assures the finality of the
platting process.
o
15. Parranto Brothers, Inc. v. City of New Brighton, et al,: a
case addressing the issue of whether a downzoning of property
results in a taking of property. The city down-zoned an area of
property from B-3 to B-1. The downzoning precluded plaintiff's
desired use of the property but permitted other commercial uses.
Plaintiff alleges that the rezoning does not substantially
advance legitimate state interests or afford the owner
economically viable use of its land.
Disposition: The Minnesota Court of Appeals ruled in favor of
the city, finding that the downzoning was supported by sound c:>
planning rationale and that the regulation did not deny the
landowner all economically viable use of its property. The
Minnesota Supreme Court turned down the landowner's petition for
further review. Consequently, the Court of Appeals decision
stands as good law.
P 16. Snyder v. city of Minneapolis: A case raising the issue of
the constitutionality of the Municipal Tort Liability Limits.
Disposition: The Court of Appeals applied the
specifically rule on their constitutionality.
has granted further review. The League filed
support of the tort liability limits.
limits but did not
The Supreme Court
an amicus brief in
17. Annandale Advocate v. city of Annandale, et al,: a case
addressing the applicability of the open meeting law and the data
practices act to proceedings involving the termination of a
police chief. The Court of Appeals generally affirmed its
previous decision in in Itasca County Board of commissioners v.
Olson, 372 N.W.2d 804 (Minn. App. 1985), that private data on
high level employees changes when it is reasonably necessary to
discuss it at an open meeting. In effect, declaring that the
Open Meeting Law overrides the Data Practices Act.
Disposition: The Minnesota Supreme Court reversed the Court .of
Appeals and found that a council must close that portion of a
meeting during which it discussed private data under the data
practices act., The Supreme Court adopted reasoning from the
League's brief.
18. Lienhard v. State of Minnesota,: a case involving a challenge
to the State tort liability limits. The Court of Appeals upheld
the limits against a constitutional challenge.
Disposition: The Minnesot~ Supreme Court upheld the
constitutionality of the state tort liability limits. Thus
implicitly recognizing the validity of the municipal limits.
19. Gorecki v." Ramsey County: a case addressing the issue o.f
whether a comparable worth job reclassification triggers the need
for a veteran's preference hearing. The employee argued that the
reclassification constituted a demotion.
Disposition: The Court of Appeals held that there was no need
for a veteran's preference hearing. The Supreme Court affirmed
the decisions of the Court of Appeals.
P
20. countryside Village v. City of North Branch: a case ra~s~ng
the question of whether the special assessment appeal rights
contained in Minn. Stat. chap 429, apply to an ad valorem tax
levied in a storm sewer improvement district. The trial court
held that such rights exist and that failure to notify the
o
;
1-"--
,
t..",...U&!.~e.:.,,,<,.,,:,,",,,,',,,,",_.:...v_._,_..,_,L;..~;.
c:> landowner of the rights invalidates the tax.
Disposition: The Court of Appeals made clear that a tax in a
storm sewer district is not a special assessment. Therefore
there is no requirement to show special benefit. The case is
currently before the Minnesota Supreme Court on the issue of the
proper notice procedures that must be used in establishing a
storm sewer improvement district.
21. Frank's Livestock and poultry v. City of Wells: a case
alleging negligent firefighting.
Disposition: The Court of Appeals ~eld that the City owed no
duty to take extraordinary measures to put out the fire.
P 22. Dahlheimer v. city of Dayton: a case alleging negligent
firefighting.
Disposition: The case is pending before the Court of Appeals.
23. Lovrien v. City of Shorewood: a case alleging that city
shoreland zoning regulation work an unconstitutional taking of
plaintiffs' property.
Disposition: The Court of Appeals held that the shoreland zoning
regulations furthered a legitimate governmental objective and did
not work an unconstitutional taking of property despite the fact
that the plaintiffs' property could only be used for lake access,
boat docking and other recreational purposes.
24. Anders et ale v. Washington County: a case raising the issue
of whether the County could change the amount it contributed as
its portion of employee health insurance premiums. The employees
alleged that changing the employer contribution with regard to
existing employees resulted in. breach of an implied employment
contract.
Disposition: The Minnesota Court of Appeals reversed the trial
court which had ruled that a 1988 legislative amendment barred
plaintiffs' action. The Court said that there was no indication
of legislative intent to apply the statute retroactively. The
Court did not specifically rule on the validity of plaintiffs'
underlying cause of action.
P = Pending matter.
o
0.,
"
8:01 P.M.
o
CITY of ANDOVER
Regular City Council Meeting - May 16, 1989
Call to Order
Resident Forum
Agenda Approval
Approval of Minutes
Discussion Items
1. North Twin Cities Church of Christ Special
Use Permit
2. Olesen Preliminary Plat
3. Ordinance 8 Amendment/Exterior Storage of Tires
4. Ordinance 8/Signs
~ - - -E-r-o-si-on- -{; U B L L U 1 -o-rdi Bet B L: '"
6. Receive Feasibility/Frontage Road/Jay & Hanson
7. Discuss Concept Plan/Jay st.& Commercial Blvd.
8. Tulip street storm Drainage
staff, Commission, Committee
9. Accept Petition/173rd & Navajo
Non-Discussion Items
10. No Parking Resolutions/Tulip street and Ward
Lake Drive
-1-1-.- - -Re-naine-- .lfe-r' -d4. -n- -8-t -r -e-e-t - -
12. Approve RFP for Comprehensive Plan
13. Joint powers Agreement/Traffic Signals
14. Receive Feasibility/Smith's Green Acres
15. Approve Resolution/Heidelberger Variance
16. Receive Petition/stop Signs
17. Approve $3,200,000 Bond Sale
1-&.- - -F-l-a-e- -C-o-l'-r-e-c-t:-i-ofr,lRum- -R-i:-ve-l'- ~ -ETs-~a-~s- - -
19. Approve Water Rate Resolution
Approval of Claims
Adjournment
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO. .
DATE
ORIGINATING DEPARTMENT
Admin.
May l6, 1989
ITEM Approval of Minutes
NO.
BY: V. Volk
The City Council is requested to approve the following minutes:
May 2, 1989
Regular Meeting
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 16, 1989
DATE
BY:
ity planner
ITEM
NO.
ORIGINATING DEPARTMENT
Planning
AGENDA SECTION
NO.
Use
REQUEST
The Andover City council is asked to consider the request of the
North Twin Cities Church of Christ to locate a church congregation
in a residential district as allowed per Ordinance 8, Section
7.03.
BACKGROUND
In December of last year, this church congregation requested a
similar Special Use Permit for property on 138th and underclift
street NW. Because of significant neighborhood opposition and
significant structural barriers, the request was withdrawn. I
urged the congregation to locate on a vacant parcel and return
with a similar request.
The request, however, is to renovate an existing single family
home at 14191 prairie Road NW.
The Planning and zoning Commission reviewed the proposal at their
March 28, 1989 and April 25, 1989 meetings, requested additional
information from the Church including architectural drawings of
proposed and future uses of the building, and made .the
recommendation on page 5 of this memo.
DESIGN REVIEW
plans for the renovation of the single family home to a church
building were submitted to the City on Thursday, April 20, 1989.
As always, changing the use of a structure presents many unique
questions. Reduced copies of the plans are included in the
packet.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
page 2
NTCCC Memo
c:> May 16, 1989
The plans include an assembly area, handicapped bathroom, kitchen
on the main level and offices on the lower level. See the
enclosed plans. The exterior alterations will be limited to an
access ramp on the front, landscaping and a paved parking lot on
the south side of the property.
Expansion plans, or phase II plans will be available at the
meeting. They include significant interior alteration to the
structure and some exterior alteration to the structure, including
the replacement of the garage door. The Church expects to enter
into Phase II in 5 years.
PETITION
Please review the enclosed petition for surrounding property
owners. Property owners in the surrounding area were present at
the public hearing to express concern over the proposal.
GENERAL REVIEW
The Church intends to purchase the home at 14191 prairie Road NW
(see attached maps) and renovate the property to meet the needs of
the small but growing church. The subject property is located in
a rural R-1 residential district and is approximately 10 acres in
size. A three bedroom rambler style home is currently for sale.
Section 5.03 outlines the criteria to be used to determine the
acceptability of the special use permit, including "the effect of
the proposed use upon the health, safety, morals and the general
welfare of the occupants of surrounding lands, existing and
anticipated traffic conditions including parking facilities on
adjacent streets and land, and the effect on values of property
and scenic views in the surrounding area, and the effect on the
Comprehensive plan.
These four review criteria should be examined carefully:
1) The
an
, morals
The purpose of this criteria is to protect the residents from
undesirable use of property that adversely affect these items.
The development of a church congregation in a residential district
would not adversely affect the health, safety, morals or general
welfare of the surrounding area.
The development of a church congregation in a residential district
would have no great impact on the health, safety, morals or
general welfare of the surrounding area.
o
There are three church congregations located in rural areas within
Andover. Family of Christ Lutheran Church, Constance Evangelical
Church and the Seventh Day Adventist Church are all located in R-1
districts.
Page 3
NTCCC Memo
c:> May 16, 1989
2) The
par
and antici ated traffic conditions, includin
1t1es on a Jacent streets.
Traffic congestion and parking problems are a major concern when
new development occurs in a residential area. While property size
is not as much a concern with this property, I still have some
minor concerns over the parking situation (i.e. screening and
landscaping).
From previous conversations, Fred Boggs of the North Twin Cities
Church of Christ, noted that the church currently has 25 members
including children or approximately 6-9 families. The proposed
parking lot would need to handle projected growth of the
congregation.
Two major questions remain:
1) Will there be congestion in the area?
2) What effect will a parking lot have on property values?
I do not believe that the church or parking area, as proposed,
will cause an significant congestion on prairie Road. The effect
on property values will be determined by the location of the lot
and the use of screening (landscaping) around the parking lot.
The Planning and zoning Commission has recommended that a traffic
study be completed prior to the issuance of the Special Use,
Permit.
3) The effect on values of property and scenic views in the
surrounding area.
Interior and Exterior Alteration:
The costs of the interior alteration (approximately $50,000) are
documented on the attached cost sheet. These plans are subject to
approval by the ARC Committee and the Building Official. The home
must also add 2 hour fire walls and provide two exits from the
basement.
o
Exterior alteration (as proposed) would
completion of a parking lot and related
handicapped access ramp would be added.
would also be allowed on the property.
would be required.
Finally, what remains after the church has outgrown the proposed
building? Is this building a "white elephant"? It appears that
the church is interested in a permanent location and the City must
examine the use and its appropriateness within the district.
be limited to the
landscaping. Also a
An identification sign
A separate sign permit
The church has contacted the Coon Creek Watershed District to
obtain proper permits for work in the flood fringe area.
Page 4
NTCCC Memo
c:> May 16, 1989
4) The Effect on the Comprehensive Plan.
The proposal would have little effect on the city'S Comprehensive
Development Plan, since churches, when properly located and
designed are compatible uses in a residential district.
Commission options:
1) The Andover City Council may approve the North Twin Cities
Church of Christ Special Use Permit request to allow the
conversion of a single family home in an R-l zoning district to a
church building as allowed by Ordinance 8, Section 7.03 with any
or all of the following restrictions:
A) The North Suburban Church of Christ must submit and have
building renovation plans approved by the City Building
Official prior to construction and occupancy. All
renovations must meet the requirements of the Minnesota
Uniform Building Code.
B) The parking lot must be paved and adequate lighting
installed. Plans must provide for adequate expansion of
the church congregation and provide one handicapped parking
space per fifty spaces.
C) The church would be allowed one identification sign not to
exceed twenty-four (24) square feet in size. The sign must
meet all district setback requirements. All appropriate
sign permits must be completed and on file with the zoning
Administrator.
D) The Landscape Plan must be submitted and approved by the
Andover Review Committee.
E) The proper permits must be obtained from the Coon Creek
watershed District for work in the flood fringe area.
F) A traffic study be completed to determine the effect on
traffic on prairie Road and the safety of the proposed
entrance.
The City may also impose additional conditions upon the use,
structure and accessory uses on the property as deemed necessary
by the City Council, including, but not limited to: time of use,
number of meetings, exterior alterations, parking access, etc...
o
2) The Andover City Council may recommend denial of the North
Twin Cities Church of Christ Special Use Permit request to allow
the conversion of a single family home in an R-1 zoning district
to a church building based on the following findings:
A) The proposal would have a detrimental impact on the
transportation network in the area including potential
parking and access problems associated with the Church
building.
Page 5
NTCCC Memo
c:> May 16, 1989
B) The proposal might have a negative impact on the property
values of the adjacent properties because of the location
of the parking lot.
3) The Andover Planning and zoning Commission may choose to table
the proposed North Twin Cities Church of Christ Special Use
Permit.
staff Recommendation
staff does not find that the proposal will have a negative impact
on the health, safety or general welfare of the community. Nor
will the church have a significant impact on congestion, traffic
or proper~y values. The proposal is in keeping with the intent of
the Comprehensive Plan.
The City must approve the special use permit if it finds that the
proposal will have no significant negative impact on the
community.
staff therefore recommends approval of the proposal (Option #1).
Planning and zoning Commission Recommendation
The Andover planning and zoning Commission reviewed the proposal
at two meetings, heard significant public opposition and
recommended approval of the Special Use Permit.
The Planning and zoning Commission found that the proposed use
would not have a negative impact on the area and that it meets the
criteria outlined in Ordinance 8. (See the enclosed minutes).
o
@ CITY of ANDOVER
1685 CROSSTOWN BLVD. N.W.
ANDOVER, MINNESOTA 55304
SPECIAL USE PERMIT REQUEST FORM
SUP it
, ,
property Address
14191 PRATRF ROAV
Legal Description of property:
(Fill in whichever is appropriate)
.'
Lot
10 AcJUl.1:. Block
Addition
plat
parcel
PIN
25-32-2434-0007
,
(If metes and bounds, attach the complete legal)
Reason for Request ChUILch,06Mce arid meeting Mea.
Section of Ordinance
7:''03
Current 'zoning
R-j
**********************************************************************
Name 0 f Appli can t FJte~ Boggl:.
Add res s 11 800 J CJJ1.ipeJt Nw S.:tJtee.:t
aome phone 757-7657
Signature .3
Coon Ra~d6, MN 5~433
Business Phone 757-0447
property Owner (Fee Owner)
(If different from above)
Address \4 J Cj I G?u-.,,~ ~oc.d
Date
M6L'teJ'. 9, 19 g9
***********************
*******************
Home phone
Business phone
signature
Date
**********************************************************************
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
ostreets; and location and use of existing structures within 100 feet.
The names and addresses of all property owners within 350 feet of the
subject property must also be provided.
Application Fee:
Filing Fee:
$150.00
$10.00
Date Paid ~2>7
Receipt It
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Thomas & Susan Chouinard
14123 Prairie Road NW
Andover, MN 55304
J q W. & Ann R. Bills
14367 prairie Road NW
Andover, MN 55304
A L Chapman
6- Lindberg etal
14212 ,Prairie Road
Andov~~, MN 55304
Leroy Johnson Jr. &
Barbara Johnson
125 Bunker Lake Blvd.
Andover, MN 55304
o
Thomas L. & Susan Chouinard
14123 Prairie Road NW
Andover, MN 55304
Dale H & J L spaulding
14370 prairie Road NW
Andover, MN 55304
Robert J. Nehring
14122 prairie Road NW
Andover, MN 55304
Leroy Johnson Jr.
& Barbara Johnson
125 Bunker Lake B1ve.
Andover, MN 55304
Jeffrey & Mildred
Johnson
14396 prairie Road
Anoka, MN 55304
Randall L & Lynn
Chaffee
614 NW Andover Blvd.
Andover, MN 55304
Robert J. Nehring
14122 prairie Road NW
Andover, MN 55304
Leroy Johnson Jr. &
Barbara Johnson
125 Bunker Lake Blvd.
Andover, MN 55304
o
CITY of ANDOVER
,
,
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (612) 755-5100
April 20, 1989
Dear Property Owner:
At their March 28, 1989 meeting, the Andover Planning and zoning
Commission tabled the special Use Permit request of the North
Twin Cities Church of Christ for property at 14191 Prairie
Road. The item will again be discussed at the April 25, 1989
meeting at 7:30 p.m. or as soon thereafter as can be heard.
Your comments, both written and verbal, will be accepted at that
time.
~'~4h-
Jay Blake
City planner
file
o
o
April 19, 1989
Rr:~-~:1~91D
CITY OF ANDOVER
"
Mr. Jay Blake
Andover Zoning and Planning
City of Andover
1685, NW Crosstown Boulevard
Andover, Minnesota 55304
RE: Special Use Permit Request for 14199 Prairie Road
Dear Mr. Blake:
After the Planning and Zoning meeting ,where the special use permit
was proposed, a meeting was held by families in the area to evaluate
the req~est and to decide on specific actions that could be taken.
Based on the issues raised at our homeowner's meeting a petition was
prepared and circulated by the families. The petition lists our objections
to the special use permit. A total of 55 voters of the area read the
petition and signed it. The signed petitions are enclosed.
I believe it is reasonable to state that a very large majority
of households residing in the immediate area are not in favor of the
proposed special use. I request that you provide this information
to Ms. Pease and the other members prior to the meeting of the Zoning
and Planning Commission to enable them to study our concerns.
Many other ideas were discussed at the neighborhood meeting and
it is our plan to present them at the April 25 meeting if the special
use permit is on the agenda.
. dl:-'{}Z' ~
Alan Chapman ~
cc: City Council
o
" ,
J
o
April 4, 1989
Planning and Zoning Commission
City of Andover
1685 Crosstown Boulevard N.W.
r Andover, Minnesota 55434
Dear Members of Planning and Zoning Commission:
SUBJECT: Special Use Permit Request of the North Twin Cities Church of Christ
to Allow the Establishment of a Church OR Property at 14191 Prairie
Road N.W.
We, the people affected by this proposed Special Use Permit, wish to express
our concerns and desire for your vote against such stated Special Use Permit.
While the North Twin Cities Church of Christ has a membership of only 25 at
present, their hope of growth and desire to add on to the house presently at
14191 Prairie Road will produce multiple problems for our neighborhood. Our
concerns are as follows: .
1. Why risk increasing the traffic and danger to our children in this
residential area.
2. Why take a desirable residential structure paying $1200 in taxes and
convert it to a nonconforming, non-residential use when 'reasonably
priced land zoned for that use is readily available in the city.
3. Why expose the families who have invested in this neighborhood to potential
problems of growth caused by a nonconforming use. The city council
has kept this area rural, why then expose its residents to increase
taxes and special assessments for sewer and water which realistically
could be caused by this nonconforming use.
4. Parking lot and lighting will disrupt the continuity and atmosphere
of the neighborhood. This is a rural neighborhood, by council design,
filled with people who want it kept that way. Wildlife, is enjoyed by
all neighbors and has already suffered from the building around the
neighborhood. A paved parking lot and security lighting at all times
only further discourages the scant remaining wildlife in the area.
5. The-presence of a house converted to a church in the neighborhood will
decrease the property value of existing rural homes in the neighborhood
because it would give the area an "unplanned, unzoned" appearance.
o
. ,
o
o
Planning and Zoning Commission
April 4, 1989
Page two
6. Why expose the neighborhood to the risks that would result if the
church failed. We would have a nonconforming structure that might
be sold to a buyer who could have a more disruptive use. If the church
members built on land with conforming zoning any economic problem
would not affect the property's ability to sell later.
7. The property must be significantly changed to be a church. If funds
are available to do this why not make those funds more productive
by buying properly zoned land and building a structure meeting building
code requirements.
,.
In conclusion, we feel the proposed use of land does not fit in our neighborhood,
but the members should be encouraged to build in a more commercialized area
where it will not infringe on the rights of residential home owners. The members
of the church are not from this community and, therefore, are not representing
the community of Andover. We, the voting and taxpaying members of this community
in Andover, should receive priority consideration in our request to maintain
the zoning of this area and not allow nonconforming uses.
"
Signed:
PLEASE, VOTE NO to this Special Use Permit request.
?ho~ ,0.),
ADDRESS/Phone
F/~7 4/..1// P -Y,3~-53j.;z
/Y3&/~i<.L & 4"3~'53/d:l...
\/'3 i- '-/1 S' I /1396 !k41'2te 12f) J}M) /Y3 xY
'l5'-</ --V?~-I /'l'J 9!.P /} c[/r; P JPr/ ,.
I f-j 3 70 hmjl1 L.Rd Iv UJ
/4370 P~i?d. /1
1l/.69 ~ Prf't\l'\f K~' ~0
N313 Pro.-ff-/e.. Po. f). w.
F/4,;21 ;/JfJii" I /(~ /()LC) .
, 3</-1 r I Y I vY.?-y fJA-~ I2c.I ;tj t,J .
(113 y - ti, 9~r)- U )' 5- ,.; 17 " a/' /)
If- - L.(rLd'I'7,-Pl 1'7(...(..' ( "
4-31-3"70 S!o JqA)l)oI!GR I3Lt/lJ
. ~~./ ~ /--- ..::-" ...,0 i .' .0",1
....I'q../ -t::o 7C-.)- . /-"-::>,/\.,{.. '-', ,',)Iti"
,,/ I..... -c.""'......, t_ i'_~-
!\,21~- \OJ/oJ.
?J7~/037
-4:110 r\rc\(tt _<i( \,ll \. cd .
1f/f)I?" !f4/;'/G K/
o
April 4, 1989
Planning and Zoning Commission
City of Andover
1685 Crosstown Boulevard N.W.
Andover, Minnesota 55434
"
Dear Members of Planning and Zoning Commission:
SUBJECT: Special Use Permit Request of the North Twin Cities Church of Christ
to Allow the Establishment of a Church on Property at 14191 Prairie
Road N.W.
We, the people affected by this proposed Special Use Permit, wish to express
our concerns and desire for your vote against such stated Special Use Permit.
While the North Twin Cities Church of Christ has a membership of only 25 at
present, their hope of growth and desire to add on to the house presently at
14191 Prairie Road will produce multiple problems for our neighborhood. Our
concerns are as follows:'
1. Why risk increasing the traffic and danger to our children in this
residential area.
2. Why take a desirable residential structure paying $1200 in taxes and
convert it to a nonconforming, non-residential use when reasonably
priced land zoned for that use is readily available in the city.
3. Why expose the families who have invested in this neighborhood to potential
problems of growth cause~ by a nonconforming use. The city council
has kept this area rural, why then expose its residents to increase
taxes and special assessments for sewer and water which realistically
could be caused by this nonconforming use.
4. Parking lot and lighting will disrupt the continuity and atmosphere
of the neighborhood. This is a rural neighborhood, by council design,
filled with people who want it kept that way. Wildlife is enjoyed by
all neighbors and has already suffered from the building around the
neighborhood. A paved parking lot and security lighting at all times
only further discourages the scant remaining wildlife in the area.
5. The presence of a house converted to a church in the neighborhood will
decrease the property value of existing rural homes in the neighborhood
because it would give the area an "unplanned, unzoned" appearance.
o
,.
o
o
Planning and Zoning Commission
Apr,q 4, 1989
Page two
6. Why expose the neighborhood to the risks that would result if the
church failed. We would have a nonconforming structure that might
be sold to a buyer who could have a more disruptive use. If the church
members built on land with conforming zoning any economic problem
would not affect the property's ability to sell later.
7. The property must be significantly changed to be a church. If funds
are available to do this why not make those funds more productive
by buying properly zoned land and building a structure meeting building
code requirements.
In conclusion, we feel the proposed use of land does not fit in our neighborhood,
but the members should be encouraged to build in a more commercialized area
where it will not infringe on the rights of residential home owners. The members
of the church are not from this community and, therefore, are not representing
the community of Andover. We, the voting and taxpaying members of this community
in Andover, should receive priority consideration in our request to maintain
the zoning of this area and not allow nonconforming uses.
PLEASE, VOTE NO to this Special Use Permit request.
Signed:
~
ADDRESS/Phone
/i.f12~ f'U</r-J~ ~ 7S-7-10z 3-
1'1/;).,3 /~i..0 M 757-83,).,3
J Lj }2-L ffr;J:'/' /;'- ~" 753-- /71 J
Gi.{3-llJrJili La/1t! i)tu +Sl-SL/5/
ft r;, 5'- I If 0 r:; Lv f--h() 7fiS- ili;'f:i~.;1j7
I ~ 0 ~V) I ;t~/ tcr 7ST- 3f'.5~
71'5-- /Vu (L-< IV. (p,. 7S77,r36'
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C. '(3- /}071 G~ tt./J
13'ti'if ~ R.cI, ZSS"-/<Jf31
(iCfL{'r ~~ ,Qg I>>Lr)1
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o
Apri 1 4. 1989
Planning and Zoning Commission
City of Andover
1685 Crosstown Boulevard N.W.
r Andover. Minnesota 55434
Dear Members of Planning and Zoning Commission:
SUBJECT: Special Use Permit Request of the North Twin Cities Church of Christ
to Allow the Establishment of a Church on Property at 14191 Prairie
Road N.W.
We. the people affected by this proposed Special Use Permit. wish to express
our concerns and desire for your vote against such stated Special Use Permit.
While the North Twin Cities Church of Christ has a membership of only 25 at
present. their hope of growth and desire to add on to the house presently at
14191 Prairie Road will produce multiple problems for our neighborhood. Our
concerns are as follows:
1. Why risk increasing the traffic and danger to our children in this
residential area.
2. Why take a desirable residential structure paying $1200 in taxes and
convert it to a nonconforming. non-residential use when reasonably
priced land zoned for that use is readily available in the city.
3. Why expose the families who have invested in this neighborhood to potential
problems of growth caused by a nonconforming use. The city council
has kept this area rural. why then expose its residents to increase'
taxes and special assessments for sewer and water which realistically
could be caused by this nonconforming use.
4. Parking lot and lighting will disrupt the continuity and atmosphere
of the neighborhood. This is a rural neighborhood. by council design.
filled with people who want it kept that way. Wildlife is enjoyed by
all neighbors and has already suffered from the building around the
neighborhood. A paved parking lot and security lighting at all times
only further discourages the scant remaining wildlife in the area.
5. The presence of a house converted to a church in the neighborhood will
decrease the property value of existing rural homes in the neighborhood
because it would give the area an "unplanned. unzoned" appearance.
o
o
Planning and Zoning Commission
April 4,1989
Page two
6. Why expose the neighborhood to the risks that would result if the
church failed. We would have a nonconforming structure that might
be sold to a buyer who could have a more disruptive use. If the church
members built on land with conforming zoning any economic problem
would not affect the property's ability to sell later.
7. The property must be significantly changed to be a church. If funds
are available to do this why not make those funds more productive
by buying properly zoned land and building a structure meeting building
code requirements.
~ In conclusion, we feel the proposed use of land does not fit in our neighborhood,
but the members should be encouraged to build in a more commercialized area
where it will not infringe on the rights of residential home owners. The members
of the church are not from this community and, therefore, are not representing
the community of Andover. We, the voting and taxpaying members of this community
in Andover, should receive priority consideration in our request to maintain
the zoning of this area and not allow nonconforming uses.
PLEASE, VOTE NO to this Special Use Permit request.
Signed:
(
.......~.
L
ADDRESS/Phone
g YO /~61:!J L L/3 t,/ - Y' b /3
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',.
CITY of ANDOVER
CITY OF ANDOVER
COUNTY OF ANOI<A
STATE OF MINNESOTA
.'
NOTICE OF PUBLIC HEARING
The Planning and Zoning Commission of the City of Andover will
hold a public hearing at 7:30 p.m., or as soon thereafter as can
be heard, on Tuesday, March 28, 1989 at the Andover City Hall,
1685 Crosstown Blvd. NW, Andover, MN to consider the Special Use
permit request of the North Twin Cities Church of Christ to allow
the establishment of a church on property described below:
That part of the Southwest 1/4 of Section 25, Township 32, Range
24, Anoka County, Minnesota, lying east of the Eastern Line of
prairie Road and lying south of the following described line:
Commencing at the Northeast corner of said Southwest 1/4, 1,760
feet to the point of beginning, then north 82 degrees, zero
minutes west 402.98 feet, then north 82 degrees, 59 minutes, 02
seconds west 315.05 feet then north 86 degrees 28 minutes 27
.seconds west 187.57 feet to east line of prairie Road and there
terminating, excepting road dedication and subject to easements of
record.
(property Address: 14191 prairie Road)
Interested parties of said proposal will be heard at the above
time and location.
V~VO~~y Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE REQUEST OF THE NORTH TWIN CITIES CHURCH
OF CHRIST FOR A SPECIAL USE PERMIT TO LOCATE A CHURCH CONGREGATION
IN A R-l, RESIDENTIAL DISTRICT, PER ORDINANCE 8, SECTION 7.03.
WHEREAS, the North Twin Cities Church of Christ has requested
a Special Use Permit to locate a church congregation in a
Residential District, per Ordinance 8, Section 7.03, on property
described as:
r
That part of the Southwest 1/4 of Section 25, Township 32,
Range 24, Anoka County, Minnesota, lying east of the Eastern
line of prairie Road and lying south of the following
described line: Commencing at the Northeast corner of said
Southwest 1/4, 1,760 +eet to the point of beginning, then
north 82 degrees, zero minutes west 402.98 feet, then north 82
degrees, 59 minutes, 02 seconds west 315.05 feet, then north
86 degrees, 28 minutes, 27 seconds west 187.57 feet to east
line of prairie Road and there terminating, excepting road
dedication and subject to easements of record; and
WHEREAS, the property on which the church building would be
located is currently zoned R-1, Single Family Rural; and
WHEREAS, there are three other churches in Andover located on
property zoned R-1; and
WHEREAS, the existing single family residence on the property
would be converted into a church worship center; and
WHEREAS, the Andover Planning and zoning Commission has
reviewed the proposal at their April 25, 1989 meeting and found
the proposed church to be an appropriate use in the area and found
it to consistant with the Andover Comprehensive Plan; and
WHEREAS, the proposed use would have no significant negative
impact on the health, safety, morals and general welfare of the
community; and
WHEREAS, the proposed use would have no significant negative
impact on the values of property or scenic views in the area; and
WHEREAS, the proposed use would have no significant negative
impact on the Andover Comprehensive Plan.
. .
WHEREAS, a public hearing was held and there was opposition
from the neighborhood; and
NOW" THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover that the request of the North Twin Cities Church of
Christ for a Special Use Permit to locate a church congregation in
a Residential District, as required by Ordinance 8, Section 7.03
be approved, subject to the following conditions:
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Page 2
May 16, 1989
A. The North Twin Cities Church of Christ must submit and
have building plans approved by the City Building Official
prior to construction and occupancy. All renovations must
meet the requirements of the Minnesota Uniform Building
Code.
"
B. The parking lot must be paved and adequate lighting
installed. Plans must provide for adequate expansion of
the congregation and provide one handicapped parking space
per fifty spaces.
C. The church would be allowed one identification sign not to
exceed twenty-four (24) square feet in size. The sign
must meet all district setback requirements. All
appropriate sign permits must be completed and on file
with the Zoning Administrator.
D. A Landscape Plan must be submitted and approved by the
Andover Review Committee.
E. The proper permits must be obtained from the Coon Creek
Watershed District for work in the flood fringe area.
F. A traffic study be completed prior to filing the Special
Use Permit with Anoka County to determine the effect on
traffic on prairie Road and for the safety of the proposed
entrance.
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 16, 1989
AGENDA SECTION
NO,
DATE
ORIGINATING DEPARTMENT
Discussion Items
Engineering
,.(1~
ITEM
NO.
Olesen Preliminary
Plat 2.
BY: Todd J. Haas
The City Council is requested to review and approve the )
preliminary plat, grading and erosion control plan per Ordinance 8
and 10 as requested by Mr. Eugene Olesen, owner and developer of
the property.
The Andover Review Committee (ARC) has reviewed the preliminary
plat, grading and drainage plan. Their comments are as follows
per Ordinance 10:
General Comments
* The proposed preliminary plat is currently zoned R-3 and being
proposed with 2.5 acre lots.
* The proposed subdivision consists of 7 single family rural
residential lots.
The following comments are per the preliminary plat checklist
(Ordinance 10):
8.01 IDENTIFICATION AND DESCRIPTION
a. Proposed name is Olesen Addition.
d. Scale is 1" = 100' .
g. The preliminary plat was prepared by John Oliver &
Associates. Grading and drainage plan is part of the
preliminary plat and was prepared by Terry Herman.
8.02 EXISTING CONDITIONS
b. Total acreage is 19.9 acres.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
Page Two
Oleson preliminary Plat
May 16, 1989
c. The existing zoning within 300 feet of the proposed plat
has been shown.
d. Location and names of existing streets, platted streets,
section lines and easements have been shown. The
existing building/structures have been shown on the plat.
In Lot 4, Block 2, the Planning and Zoning and Building
Departments are concerned about the existing home which
is located in the proposed side yard located adjacent to
County Road 58 (Tulip street NW).
f. Location of all existing telephone, gas, electric and all
other underground facilities are shown on preliminary
plat per requirement of Ordinance 10.
j. Soil boring reports have been received. Lowest floor
elevations have been adjusted 3 feet above the highest
known water tables.
8.03 DESIGN FEATURES
a. The proposed right-of-way as indicated is 60 feet. The
proposed name of 174th Avenue NW is per City grade.
c. The plan and profile for 174th Avenue NW has not been
submitted for City review at this time. It will be
necessary to submit plan and profile to the City Engineer
prior to construction of 174th Avenue NW.
g. The setbacks for each lot are shown and are indicated
properly per Ordinance 8.
h. The proposed method of disposing of surface have been
shown on the plat.
8.04 ADDItIONAL INFORMATION
a. The proposed density of 1 lot is 2.57 acres.
b. Flood Plain Management is the Lower Rum River.
j. Total road mileage proposed is 0.09 miles.
9.02 STREET PLAN
a. When the plan and profile have been submitted to the City
the minimum grade is to be 1%.
o
c. No direct access from lots shall be allowed to County
Road 58 (Tulip street). See letter from Anoka County
Highway Department.
o
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Page Three
Oleson preliminary Plat
May 16, 1989
9.03 STREETS
a. The proposed right-of-way of 174th Avenue NW is shown as
60 feet.
e. 174th Avenue NW does not meet the requirement so that the
jog is 150 feet or more apart. The jog is approximately
80 feet. The recommendation from the Andover Review
Committee is align 174th Avenue on the east side of Tulip
Street with 174th Avenue on the west side to provide a
full intersection. The County has received the proposed
plat and has made comments. The reason for the jog is
because of an existing structure located in Lot 4 of
Block 2. Mr. Olesen has indicated to staff that he has
no intentions of removing the structure.
g. The rounded (cul-de-sac - tangent) intersection shall
have a 20 foot radius as minimum.
m. Driveways access shall be located 60 feet or more from an
intersection.
9.06 LOTS
a.3. Mr. Olesen is requesting a variance. Lots 1, 2 and 3
of Block 1 do not meet the minimum width requirement of
300 at the building setback line. The City Council has
reviewed the sketch plan to allow Mr. Olesen to plat
these lots. See attached minutes.
e. The developer is responsible to obtain all necessary
permits from the Watershed Organization, DNR, Corps of
Engineers and any agency that may be interested in the
site.
9.07 PARKS, PLAYGROUNDS, OPEN SPACE
Park dedication as determined by Park Commission.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
o
RES. NO.
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF OLESEN ADDITION AS
BEING DEVELOPED BY EUGENE OLESEN IN SECTION 5-32-24.
WHEREAS, pursuant to published and mailed notice thereof, the
Planning and Zoning Commission has conducted a public hearing and
reviewed the preliminary plat of Olesen Addition; and
WHEREAS, there was no opposition or negative comments; and
WHEREAS, the plat has been reviewed by the Andover Review
Committee; and
WHEREAS, the plat has been reviewed by the City Engineer and
Anoka County Highway Department; and
WHEREAS, as a result of such hearing and review, the Planning and
Zoning Commission recommends approval of the plat citing the
following:
1. Variance from Ordinance 10, Section 9.06 a(3) for lot
width for Lots 1, 2, and 3, Block 1 as the lots do not
meet the 300 foot requirement at the setback line.
2. Variance from Ordinance 10, Section 9.03 (e) as the
proposed 174th Avenue NW does not meet the requirement
so that the jog is 150 feet or more apart from the
existing 174th Avenue NW on the west side of Tulip
Street NW.
3. Variance from Ordinance 8, Section 6.02 as the existing
structure encroaches within the 50 foot setback area.
4. Lot 1, Block 2 is to exit onto the proposed 174th Avenue
at the time the road has been completed.
5. Subject to an easement on Lot 3, Block 1 over the south
70 feet and the east 200 feet.
6. Park dedication as determined by the Park and Recreation
Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the preliminary plat of Olesen Addition.
Adopted by the City Council of the City of Andover this
day of
, 19
CITY OF ANDOVER
o
ATTEST:
James E. Elling - Mayor
Victoria Volk - City Clerk
o
--"1
,,,,~ 7..:>;/- ~J., .'/:'3'1
CITY of ANDOVER
PRELIMINARY PLAT APPLICATION
Street Location of Property: /7_'3~1 tv/.j:; 'Sf /Vw.
Legal Description of Property: the North toss Fee+ 0+ The South '1f'o
feef offh,~ SOiJ'thl.N<lsr (fil{~rfer
of ihe S"Uh1<~cLS+ q.,I(<..rte" (,1~
Scc'ho\') .5 'f";~i1:5h"I' 3;:2. R,u\~e ,;l4
I 1 7 '
,
CounL J)'ltlIJesoftt.
J I
FI n~kc.
Property Owner:
t:vC"le"'e
j
OLc::-;,cn
Phone: 75-3 - Ilflfa
Address: /7';z,&'1 tu 1;1" sf, NllJ ItndoJ,e.r
Applicant EU'1enp. Olesen
Address: /7 ~b (tv I,'p .sf IVLu. !9ndover
Phone: 7S3-J~/'"
Description of Request: to 5ub-J,'u,de "\1+" 'res;d.ei-1+,~1
develoome.Y1't
I
Rezoning Request Required: Yes____ No~ Explain
Fee:
/61.-zS"
~~ ~ {l~
(Sig ature of Appllcant)
Date Paid:
'1-7-81
3D" 8s-"
~~,~~~
i ature of Prop rty Owner)
Receipt No:'
'1 ~ /r:i
(Date)
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The 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, April 25, 1989 at the Andover City Hall, 1685
Crosstown Boulevard NW~ Andover, MN to consider the preliminary
plat of Olesen Addition consisting of 7 single family residential
lots as being developed by Eugene Olesen on the property at 17361
Tulip street NW described as that part of the North, '655 fee,t of
the South 980 feet of the Southwest quarter of the Southeast
quarter of Section 5, Townshi~ 32, Range 24; Anoka County,
Minnesota.
All opponents and proponents of said proposed preliminary plat
will be heard at the above time and location.
~((a
Victoria Volk - City Clerk
o
Woodland Development
830 W. i1ain St
Anoka, MN 55303
Roftd Ross
36W - 174th Ave
Andover, MN 55304
Walter Johnson
3621 - 173rd Lane
Andover, MN 55304
Dennis Norsten
17525 Tulip st
Andover, MN 55304
Walter Johnson
17455 Tulip st
Andover, MN 55304
Robert Colby
3434 - 173rd Lane
Andover, MK 55304
Michael Rickard
3530 - 173rd Lane
Andover, MN 55304
Richard Rassier
3435 - 173rd Lane
Andover, MN 55304
Wayne Nevalinen
3531 - 173rd Lane
Andover, MN 55304
John Ball
17422 Orchid
Ancer, MN
st
55304
Oscar Dotseth
3639 - 174th Ave
Andover, MN 55304
James Augdahl
3641 - 174th Ave
Andover, MN 55304
Kenneth Mortenson
3655 - 173rd Lane
Andover, MN 55304
Michael Braun
3636 - 173rd Lane
Andover, MN 55304
David Sangrene
3350 - 175th Lane
Andover, MN 55304
Leo John Brenny
3324 E 5th St
Sachse, TX 75098
Eugene Fournier
3470 - 175th Ave
Andover, MN 55304
Thomas Boros
3416 - 175th Lane
Andover, MN 55304
Glen Geving
PO Box 683
Anoka, MN 55303
D E Ponessa
3400 - 173rd Lane
Andover, MN 55304
James Elmquist
3454 - 173rd Lane
Andover, MN 55304
Roberta Swoboda
3510 - 173rd Lane
Andover, MN 55304
John Falconer
3550 - 173rd Lane
Andover, MN 55304
Jesse stowers
3415 - 173rd Lane
Andover, MN 55304
Thomas Getchell
3455 - 173rd Lane
Andover, MN 55304
Francis Sworsky
3511 - 173rd Lane
Andover, MN 55304
John Pendergrass
3551 - 173rd Lane
Andover, MN 55304
David Langseth
3385 - 174th Ave
Andover, MN 55304
D L Humann
3354 - 174th Lane
Andover, MN 55304
Delyle Roesner
17381 Poppy st
Andover, MN 55304
R~cha.rd Gay
3358 - ,174th Ave
Andover, MN 55304
Leroy Clem
3328 - 173rd Lane
Andover, MN 55304
Jerry Tollefson
3348 - 173rd Lane
Andover, MN 55304
R~t Hasbrook
3~ - 173rd Lane
Andover, MN 55304
Troy Englund
3329 - 173rd Lane
Andover, MN 55304
William Peterson
17280 Round Lake Blvd
Andover, MN 55304
James Lindahl
17275 Tulip St
Andover, MN 55304
Thomas Johnson
17203 Tulip St
Andover, MN 55304
Louis Bass
3615 - 172rd Lane
Andover, MN 55304
o
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Regular Planning Commission Meeting
April 25, 1989 - Minutes
Page 6
(NTCCC S.U.P., Cont.)
Discussion: Commission questioned several items, such as a time
limit on the construction, conditions of the special use permit,
etc. Mr. Blake noted that the building needs to be completed
within one year.
Vote on Motion: Yes - Sabel, Bernard, Spotts, Ferris, Pease;
No - Jovanovich.
Motion carried on a 5 yes, I no vote. This will go to the City
Council on May 16, 1989.
(Recess 9:00 - Reconvene 9:10)
~ Olesen Addition Preliminary Plat
Todd Haas explained that this property is zoned R-3 and Mr.
Olesen is proposing 7 residential lots. Recently the city put
streets in this area and Mr. Olesen was assessed for a portion of
the street and to pay for it, he is platting his property. City
staff has a concern with Lot 4, Block 2 as the existing house on
this lot is within the proposed setback area. The water table in
this area is down 18 feet; soil borings have been received; and
Phase I of the plat will be Block 1. When the streets were put
in, storm sewer was not part of the project. The city's
consulting engineers designed something to help eliminate
drainage to the pond to the south. The water would go to a
hOlding pond instead. Mr. Haas noted that the cul-de-sac needs
to be shown with a 20 foot radius on the right-of-way. Lot 1,
Block 2 does not meet the 2.5 acre requirement; and Lots 1, 2,
and 3 of Block 1 do not meet the 300 foot requirement at the
building setback line. However, the City Council will allow Mr.
Olesen to plat these lots.
Mr. Blake noted that one of the concerns is the alignment of the
streets in the city. This plat has'an intersection that is 80
feet off. The city allows them to be 150 feet apart, but this
one would require a 70 foot variance. The problem is that the
road is lined up with the existing home on the property. We have
two options: 1) we could let this lot go inor; 2) we could
require the home be removed.
Commissioner Ferris asked how many variances there are on this
plat. Mr. Blake stated there are three for lot width; one for a
lot that does not meet the minimum size, a variance on the
distance between the two streets and a house that is within the
setback.
Eugene Olesen - explained that the house is a 10 room structure
with five bedrooms. The house is as square as a brick and it
would be terrible to have to remove it. Ms. Sabel asked if the
.,.
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Regular Planning Commission Meeting
April 25, 1989 - Minutes
Page 7
(Olesen Pre. Plat, Cont.)
house can be moved. Mr. Olesen stated that it can but he doesn't
want to move it. He also stated that the City Council has given
him preliminary approval of this plat.
Mr. Olesen agreed to move the lot lines so that the lot that was
less than 2.5 acres will become 2.5 acres.
At this time, Chairman Pease opened the public hearing.
Wayne Nevalinen, 3531 - 173rd - has no objections to the plat.
Discussion was on the lot that has the existing house and what
would happen if the county decided to upgrade County 58. d'Arcy
Bosell noted that the county would negotiate with the property
owner to either buy the house from them or they would make some
other type of arrangement.
Mr. Nevalinen asked if the grading and drainage from Mr. Olesen'S
plat would create a pond in his back yard. Ms. Bosell explained
that Mr. Olesen cannot increase the water on Mr. Nevalinen's
property; he has to either have a ditch system or ponding.
MOTION by Sabel, seconded by Jovanovich to close the public
hearing. Motion carried.
MOTION by Bernard, seconded by Spotts that the Andover Planning
and Zoning Commission recommend to the City Council approval of
the preliminary plat of Olesen Addition being developed by Eugene
Olesen. A public hearing was held and there was no public
opposition. The plat h~s been reviewed by the City Engineer and
some revisions will be made to mak~ Lot ~ legal size.
Variances will be granted for Lots 1, 2, and 3, Block 1 as
recommended by the City Council as ,part of Improvement Project
87-26. Variances will be grahted for the offset of 174th and for
the house on Lot 1, Block 2 which is located in the setback.
Platting will be pursuant to the grading plan. Comments were
received from the Anoka County Highway Department. The driveway
for Lot 1, Block 2 will exit onto 174th Avenue as recommended by
the Assistant City Engineer. The developer is responsible to
obtain all necessary permits from the DNR, Watershed and Corps of
Engineers. Park dedication will be as determined by the Park
Board.
Motion carried unanimously. This will go to the City Council on
May 16, 1989.
Ordinance 8, Sign Section Revisions
o
d'Arcy Bosell was present to discuss this item. Regarding
election signs, she noted that a lot of cities allow the winner
of a primary election to leave his signs up until after the
general election. Also, in some cities erection of the signs
~,
o
Regular CIty CouncIl MeetIng
May 3, 1988 - MInutes
Page 3
(Slayton Sketch Plan, ContInued)
CouncIl asked Mr. Haas to check whether the County Is consIderIng
turnIng VerdIn back to the CIty. Council dIscussIon also noted the
dIffIculty of subdIvIdIng some of the smaller parcels. Though It was
generally agreed streets should be provIded to adjoInIng propertIes
for contInuIty, It was also generally agreeable to grant va~Iances to
allow for the development of seven lots on the parcel. Mr. Haas
thought three lots could be developed on the west sIde of the
property.
CouncIl asked the Staff to work wIth Mr. Slayton on a prqposal to
provIde for seven lots and a stree't alIgnment 'to servIce the adjoinIng
propertIes. The Item isto be brought back for consIder~tion.
~ OLESON SKETCH PLAN
Mr. Oleson - explaIned the City has ordered the Improvement of Poppy
Street on the east of hIs property line. and he needs to subdIvIde and
sell hIs property to pay the assessments. He did not want to divIde
his property and would not do so if it weren't for the assessments.
Mr. Haas reviewed both Plan A and Plan B.
CouncIlman Orttel recalled when the Poppy Street project was ordered.
1 t was agreed to a I low three lots on Mr. meson's property. I f the
three lots that were promIsed are platted oft Poppy. and three lots
platted off a a cui de sac, bull t from 58th.Mr~ Oleson' would stII I
have seven lots IncludIng hIs hquse, but It would save the expense of
runn I ng a stree t through the C:'IJ 1.1 re proper ty. Then Mr. 01 eson cou I d
sell the back three lots and not 'have to sell the land a~ound hIs
house.
Mayor Wlndschltl also thought Plan B would be acceptable If the road
was pulled further south to save the trees and va~Iances be g~anted
to provIde for the same number of lots.
The Staff was asked to work wIth M~. Oleson on an agreeable layout for
consIderatIon at the next regular CouncIl meetIng.
DEERWOOD ESTATES PRELIMINARY PLAT
Mr. Haas stated a 40-foot easement should be desIgnated on the
northern boundary of the plat for a proposed State AId street.
Council agreed, notIng It would not affect the lot sIze. And If
found In the future that the easement Is not needed. It can be
vacated.
It Is
o
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,'~"- -. ..----.-.,...,.>'~.~;Jf
COUNTY OF ANOKA
i
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Department of Highways
Paul K. Ruud, Highway Engineer
1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520
April 24, 1989
City of Andover
1685 Crosstown Boulevard NW
Andover, MN. 55304
Attention: Jim Schrantz
Regarding: Preliminary Plat of Oleson Addition
Dear Jim:
We have reviewed the Preliminary Plat for Oleson Addition
located on County Road Number 58 and 174th Avenue.
Right-of-way along the County Highway is acceptable at the 60
feet shown. It is our policy to discourage any cul-de-sac
type development exiting onto a county highway. It is also
our policy to recommend that streets align with each other on
the two sides of the county highway. This plat is not
aligning roads across County Road Number 58and is also
proposing a cul-de-sac exiting onto County Road Number 58.
It is my understanding that the type of development shown
regarding a CUl-de-sac coming off County Road Number 58 has
previously been agreed to by the City Council and therefore it
is likely inevitable. We also realize that the existing
structure prohibits the two streets aligning.
If the City feels this is the type development they want for
this parcel, and if the CUl-de-sac and its physical location
are agreed to, it should be understood that should traffic
volumes increase on this road, there will be no opportunity to
provide any traffic control relief for residents of the cul-
de-sac. Also, with the streets not aligning, there will not
be the possibility of providing traffic control anywhere in
this general area. The right-of-access from Lot 1 and Lot 4,
Block 2, to the County Highway should be dedicated to Anoka
County. This will require that driveways exit only to the
City Street. No driveways will be permitted to the County
Highway.
o
Affirmative Action I Equal Opportunity Employer
,<
o
-2-
Thank you for the opportunity to comment, and if you should
have any questions, please feel free to contact me.
Sincerely,
~
William A. Sironen, PE
Assistant County Engineer - Administration
xc: County Surveyor
dmh/jimsch
o
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 16, 1989
DATE
AGENDADSECTION. It
NO, 1ScusS10n ems
ITEM
NO,
Ord. 8-Waste Tires
OPi9Njlhn~ ~T
Jay Blake15i~y Planner
BY:
REQUEST
The Andover City Council is asked to review the revised
Ordinance 8 Amendment that defines a waste tire, prohibits
exterior storage of waste tires, allows interior storage of no
more than 8 tires in a residential district and allows interior
storage of no more than 250 waste tires in Industrial and
Commercial Districts.
City Attorney, Bill Hawkins, will review the amendment and make
recommendations at the meeting.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 8
AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF
THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 8 is hereby amended as follows:
Section 3.02 Definitions
Waste Tire: a tire that
1nten e purpose ecause
er suitable for its ori inal
amage or efect.
7.04 Uses Excluded
In All Districts
Exterior storage of Waste Tires
In Residential Districts
Interior storage of More Than Eight (8) Waste Tires
In Commercial and Industrial Districts:
Interior storage of More Than 250 Waste Tires
Adopted by the City Council of the City of Andover this
day of , 1989.
CITY OF ANDOVER
ATTEST:
James E. Elling - Mayor
Victoria Volk - City Clerk
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
16 May 1989
DATE
ITEM 4.
NO,
Ordinance 8
Signs
ORIGINATING DEPARTMENT
Planning ~
BY: d 'Arcy Bosel! ~~ I
FOR
AGENDA SECTION
NO. Discussion
At the request of the City Council, the proposed amendment
No.8, Section 8.07, Signs, was referred back to the Planning & Zoning
Commission for further consideration. There were several issues
raised by the City Council and those issued were reviewed at the
regular Planning & Zoning Commission meeting on April 25, 1989.
Based on the rationale presented to the Commission, the attached
revised amendment has been prepared for City Council adoption. The
changes made since your initial consideration have been underlined
so they are easy to locate.
Also attached is a side-by-side comparison of the existing ordinance
provisions and the proposed amendment. I have also cross-referenced
each item so that on the existing, you would be able to locate that
like circumstance in the proposed amendment, and vice versa. This
is provided as an assistance to you in evaluating the changes
proposed.
It is the recommendation of the Planning & Zoning Commission that
this amendment be adopted by the City Council.
The matter of fees needs to be addressed by the City Council, however.
Currently the permit fee is fifty (.50) cents per square foot. To be
consistent with all other Ordinances, however, that fee should be set
by City Council Resolution.
The other issue is the permit fee for election signs. You will note
in my recommendation no fee be charged. Several cities charge a
$25.00 fee and it is the recommendation of the Planning & Zoning
Commission that a $10.00 fee be established for election sign permits.
This would cover all signs of a candidate. If the City Council wishes
to adopt this fee also, it should be included in your Resolution.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
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CITY OF ANDOVER
COUNTY OF ANORA
STATE OF MINNESOTA
ORDINANCE NO. 8
AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF
THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No.8 is hereby amended as follows:
3.02 Definitions
Diffused): Lighting designed so that the
lS not vlsible, and is screened through
similar design.
Parapet: The extension of the main walls of a building above the
roof level.
Principal Entrance: That entrance of a building designed for use
by customers, visitors and tenants; however, it does not include
loading doors, service entrances, doors to storage areas or
similar entrances.
~iln: A name, identification, description, display, structure,
1 ustration, or device which is affixed to, painted, or
represented either directly or indirectly upon a building or
other surface which directs attention to an object, product,
place, activity, person, institution, organization or business.
Sign, Abandoned: A sign which no longer correctly advertises a
bone fide business, lessor, owner, product or activity conducted,
or product available on the premises where the sign is displayed
or elsewhere. '
Sign Area: The area within the frame shall be used to calculate
the square footage except that the width of a frame exceeding
twelve (12") inches shall constitute advertising space, or should
such letters or graphics be mounted directly on a wall or fascia
or in such a way as to be without a frame, the dimensions for
calculating the square footage shall be the area extending six
(6") inches beyond the periphery formed around such letters or
graphics in a plane bounded by straight lines connecting
the outermost points thereof, and each surface utilized to
display a message or to attract attention shall be measured as a
separate sign.
o
o
Sign Structure: The supports, upright, braces and framework of
the sign.
Sign, Unsightly: A condition where a sign has deteriorated to
the point that one fourth (1/4) or more of the surface of the
name, identification, description or other symbol is no longer
clearly recognizable to the human eye at the distance of forty
(40') feet. In the case of painted signs, unsightly shall mean
that the paint is peeling away from the structure surface or is
faded so that it is not clearly recognizable to the human eye at
r a distance of forty (40') feet.
Sign Styles:
Sign, Bench: A sign which is affixed to a bench at a bus
stop, not to include memorial dedications in park areas.
Sign, Combination: A sign incorporating any combination of
the features of ground, projecting, and roof signs.
Sign, Electric: Any sign containing electrical wiring but
not including signs illuminated by an exterior, unattached
light source.
Sign, Flashing: An illuminated sign on which the artificial
light is not maintained stationary and/or constant in
intensity and color.
Sign, Free-standing: A sign which is supported by one (1)
or more uprights, poles or braces in or upon the ground,
other than a combination sign.
Sign, Illuminated:
figures, designs or
or tubes.
Any sign which has characters, letters,
outlines illuminated by electric lights
Sign, Multi-Faced: A
faces, not to exceed
face sign.
Sign, Pedestal (Pylon): A ground sign erected on not more
than three (3) shafts or posts solidly affixed to the
ground.
sign with two (2) or more exposed
the square footage allowed for a single
Sign, Motion: A sign which has moving parts (structural);
does not include flashing signs which blink on and off, but
may include signs which produce a moving effect through use
of illumination. Signs which revolve or turn on an axis
point such as a pedestal, string, or post shall not be
considered revolving if there are less than two (2) complete
revolutions per minute.
PAGE 2
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Sign, Portable: A sign designed to be moveable from one
location to another, which is not affixed to the ground or
structure.
Sign, Reader Board: A sign which has a reader board where
copy changes.
r
Sign, Roof: A sign erected upon or above a roof or parapet
of a building.
Sign, Wall: A sign attached to or erected against the wall
of a building with the exposed face of the sign in a plane
parallel to the plane of said wall.
Sign Types:
Sign, Advertising: A sign which directs attention to a
business, profession, a commodity, service or entertainment
not sold or offered upon the premises where such sign is
located or to which it is attached.
Sign, Governmental: A sign which is erected by a
governmental unit or public utility for the purposes of
public information, warning or directing traffic.
Si n, Residential Identification: In a residential
1str~ct, a slgn 1 entlfYlng a resident (including address
and profession, occupation or home occupation)" school,
church, or other non-business use.
Si~n, Real Estate: A sign offering property (land and/or
bU1ldings) for sale, lease or rent.
Sign, Temporary: Any sign not exceeding ten (10) square
feet placed in such a manner as not to be solidly affixed to
any building, structure, or land and advertising an event
such as a bazaar, special sale, sporting event, or similar
situation; in no event, however, shall such signs be placed
on any lot or parcel of land for a period to exceed thirty
(30) days out of any twelve (12) month period.
PAGE 3
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7.03 Special Uses
In All Districts
r
Marquees of any type, with or without signs.
Signs on benches (not in City parks), newsstands, cabstand
signs, bus stop shelters and similar places.
Decorations, banners, and other temporary signs advertising
a bazaar, special sale, sporting event or other similar
situation.
The use of search lights, banners and similar devices.
Area Identification Signs in all projects of five (Sa.)
acres or more.
Real estate signs over thirty-two (32) square feet per lot
frontage and exceeding other sign area limits in business
and industrial areas shall require a special use permit.
GB General Business Business
Advertising Signs
I Industrial Districts
Advertising Signs
Section 8.07 should read as follows:
8.07 SIGNS
The purpose of this Ordinance is to provide minimum standards for
the safeguard of life, health, safety, property, and public
welfare by regulating and c~ntrolling the design, quality of
materials, construction, type, size, location, electrification
and maintenance of all signs and sign structures not located
within a building. '
(A) Permits, Fees, Licenses and Inspection
1) No signs shall hereafter be erected, re-erected,
constructed or altered, except as provided by this
ordinance.
2) , Normal sign alteration and maintenance shall not require
a sign permit, including:
a) The changing of advertising copy or message on a
painted or printed sign and papered billboards, or
changing a message on theater marquees.
PAGE 4
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b) Maintenance, painting, repainting or cleaning of a
sign unless a structural change is made.
3 )
Permit Fee
A set fee established by the Andover City Council shall
be paid, except there shall be no fee for governmental
units or nonprofit organizations.
"
4) Inspection
Upon proper presentation of credentials, the Building
Inspector or his duly authorized representatives may enter
at reasonable times any building, land or structure in the
City of Andover to inspect or re-inspect any signs.
5) Sign Removal
All signs now or hereafter existing which no longer
advertise or identify a bona fide business conducted, a
service rendered or a product sold, shall be taken down
and removed by the owner, agent, or other person having
the beneficial use of the building or structure upon which
the sign may be found, within ten (10) days after written
notice from City of Andover.
(B) Minimum Sign Standards
1) Construction
All signs, shall be in accordance with applicable
provisions of the state building code.
All signs not in conformity with the provisions of the
ordinance shall be removed within a period of two (2)
years following enac~ment.
2) Maintenance
All signs shall be maintained so as not to be unsightly to
adjoining areas or create hazards to the public health,
safety or general welfare. All signs, together with their
supports, braces, guys and anchors, shall be kept in
repair and in a proper state of preservation. The display
surfaces of all signs shall be kept neatly painted or
posted at all times. The City may order the removal of
any sign that is not properly maintained.
3) Sign Size and Placement standards
All illuminated signs located within fifty (50) feet of a
residential district lot line shall be diffused or
PAGE 5
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indirect so as not to reflect direct rays of light into
adjacent residences.
r
In all districts, any portion of any sign exceeding 4
square feet shall be set back ten (10') feet from any
street right-of-way line and five (5') feet from any
residential (zoned) property line.
Signs developed as an integral part of a building (such as
sign parapet wall or service station) may exceed the
height limits provided such excess height is not over five
(5') feet.
Service stations may erect a one (1) pylon or pedestal
sign not to exceed twenty-five (25') feet in height in a
setback area, provided no part of any such sign shall be
closer to the side lot lines than the required side yard
setback, nor within five (5') feet of the rear lot line or
street right-of-way line.
Multi-faced signs may be permitted, with the maximum
square footage on each side. Multi-faced signs shall not
exceed two (a) times the area of single-faced signs.
Signs on vacant lots shall be permitted in accordance with
these regulations.
All corner and through lots shall be considered as having
two (2) front lot lines for application of regulations
pertaining to signs;
(C) Permitted Signs
Signs shall be permitted by zoning district in accordance with
the following minimum standards:
1) Residential Districts
Type: Temporary, Identification.
Style: Free-standing, Combination, Wall, Pedestal.
Number: One (1) per lot frontage.
Size: No more than 4 square feet per dwelling;
32 square feet for non-residential signs
offering a residential development for sale;
6 square feet for real estate signs offering
individual properties either land and/or
bUildings, for sale lease or rent.
PAGE 6
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Height: Not over ten (10) feet above grade except as
otherwise provided herein.
Projection: Any sign over four (4) square feet shall be set
back at least ten (10') feet from any lot line.
Illumination: Indirect or diffused lighting of signs
permitted, subject to lumination controls.
.'
2) "GR" and "La" Districts
Type: Temporary, Business Identification.
style: Wall, Roof, Combination, Free-standing,
Pedestal.
Height: No more than two (2') feet above the highest
outside wall of building, or twenty-five (25')
feet, whichever is less.
Size: The aggregate square footage of sign space per
lot shall not exceed the sum of two (2) square
feet per front foot of building.
No single sign shall exceed 200 square feet.
No individual business signs shall be so
arranged as to create an integrated sign having
over 200 square feet.
Projection: Signs may project two (2') feet into the
required yard area.
Illumination: Illuminated but non-flashing signs permitted.
3) "SC" and "Na" Districts
Type: Temporary, BusinesS-Identification.
style: Wall, Roof, Combination, Free-standing,
Pedestal.
Size: The aggregate square footage of sign space per
lot shall not exceed the sum of three (3) square
feet per front foot of building
No single sign shall exceed one hundred (100)
square feet except nameplate signs, which shall
not exceed three hundred (300) square feet.
PAGE 7
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Height: Not over six (6') feet above the highest outside
wall or parapet or twenty-five (25) feet
whichever is less.
Projection: Signs may project two (2') feet into the
required yard, except a nameplate sign may be
located in any yard area but not within ten
(10') feet of any street right-of-way line or
within five (5') feet of any other lot line.
r
Illumination: Illuminated and flashing signs permitted.
4) "GB" Districts
Type: Temporary, Advertising, Business-Identification.
Style: Wall, Roof, Combination, Free-standing,
Pedestal.
Size: The aggregate square footage of sign space per
lot shall not exceed the sum of four (4) square
feet per front foot of building.
No sign shall exceed two hundred-fifty (250)
square feet.
Advertising sign area on vacant lots shall not
exceed four (4) square feet per foot of lot
frontage.
No ground or pedestal sign more than twenty-five
(25') feet above average grade and no roof sign
more than ten (10') feet above roof shall be
allowed.
Projection: Signs may project two (2') feet into any
required yard.
Illumination: Illuminated and flashing signs permitted.
5) Industrial Districts
Type: Temporary, Advertising, Business-Identification.
Style: Wall, Roof, Combination, Free-standing,
Pedestal.
o
Size: The aggregate square footage of sign space per
lot shall not exceed the sum of four (4) square
feet per front foot of bUilding.
PAGE 8
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No sign shall exceed three hundred (300) square
feet.
r
Advertising sign area on vacant lots shall not
exceed four (4) square feet per foot of lot
frontage.
Height: No sign more than twenty-five (25') feet above
grade.
Projection: Sign may project only two (2') feet into
required yard area.
Illumination: Illuminated signs permitted.
(D) General Provisions
1. The following signs may not be erected within the city:
a. No sign may be erected that by reason of position,
shape, movement or color, interferes with the proper
functioning of a traffic sign, signal or which
otherwise constitutes a traffic hazard.
b. There shall be no flashing sign or revolving sign in
the front setback area within one hundred twenty-five
(125') feet of a street intersection (as measured from
intersecting right-of way lines) or within one hundred
twenty-five (125') feet of a residential district,
except where lighting for such sign is indirect or
diffused and in no way constitutes a traffic hazard.
c. Signs shall not be painted directly on the outside
wall of a building, fence, tree, stone, or other
similar objects in any district.
d. Signs shall not be permitted within the public right-
of-way or easements except as authorized by the
governing body under Subsection 2,b,3 of this Section.
e. No sign will be permitted that provides refuge from
police surveillance, tends to accumulate debris as a
fire hazard, or is a hazard to the public health,
safety, convenience, or general welfare.
f. No sign shall use red, yellow, or green lights that by
position or color in any other manner tend to cause
confusion in the proper reading of traffic signs or
signals.
2. Signs Allowed by Special Use Permit
PAGE 9
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The following signs shall be allowed by Special Use
Permit only:
a. Marquees of any type, with or wit~out signs.
b. Signs on benches (not in City parks), newsstands,
cabstand signs, bus stop shelters and similar places.
r
c. Decorations, banners, and other temporary signs
advertising a bazaar, special sale, sporting event or
other similar situation, may be permitted within the
public right-of-way provided a special use permit is
granted for a specified time not to exceed fifteen
(15) days.
d. The use of search lights, banners and similar devices
shall require a permit. The permit shall be valid for
no more than ten (10) consecutive days. No more than
three (3) permits shall be granted during any calendar
year.
e. A real estate sign for a residential project of five
(Sa.) acres or more may be allowed provided:
1. Sign area is not over two hundred (200)
square feet in area;
2. The sign is located at least one hundred
thirty (130') feet from any residential
structure;
3. An agreement is made to remove the sign
within two (2) years unless an extension of
time is granted by the governing body; after
approval of a special use permit has been
granted:
f. Real estate signs over thirty-two (32) square feet per
lot frontage and exceeding other sign area limits in
business and industrial areas shall require a special
use permit.
g. Advertising signs in the General Business and
Industrial Districts.
h. Area Identification Sign may be allowed provided:
1. The area for development is larger than five
(5 a.) acres.
2. There shall be only one (1) sign per
development.
PAGE 10
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3. The maximum siuare foota1e of the sign is
twenty-four ( 4) square eet in area.
4. The sign is located ten (10') feet from any
property line.
The following criteria shall be used for issuance of
special use permit for any sign:
"
a. The aggregate square footage of such advertising sign
space shall not exceed the sum of four (4) square feet
per front foot of building plus one (1) square foot
per front foot of property not occupied by a building;
no developed lot shall be permitted advertising sign
space in excess of three hundred (300) square feet
over that permitted for business and identification
signs. On vacant lots, advertising signs may be
permitted on the basis of four (4) square feet per
foot of lot frontage.
b. No advertising sign shall be located within seventy-
five (75) feet of a residential district.
c. No sign shall be permitted that constitutes a hazard
to vehicular safety. .
d. No sign shall be permitted that may tend to depreciate
nearby property values, be a detriment to scenic or
pleasant views, or otherwise mar the landscape.
3. The following signs are allowed without a sign permit:
a. Real estate (for rent, sale, or lease) signs may be
placed in any yard providing:
1. Such signs are not closer than ten (10) feet to any
property line.
2. Such signs do not exceed a total of six (6) square
feet per lot frontage in residential areas and
thirty-two (32) square feet on any other lot.
b. Temporary signs shall be permitted in any district in
any yard area except that:
1. Such sign shall not be within ten (10) feet of any
street right-of-way line or within five (5) feet of
any other lot line,
2. There shall be no more than three (3) such signs on
any lot,
3. The total area of such signs shall not exceed
thirty (30) square feet.
PAGE 11
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c.
in
d. All temporary governmental signs; used to control
traffic during road or utility construction activities
and provide information or warning to the public.
e. Private traffic circulation signs in parking lots and
pedestrian circulation signs, and traffic warning
signs in alleys or other hazardous situations may be
permitted provided;
1. Such individual signs do not exceed three (3)
square feet,
2. The minimum number necessary for purposes intended
is utilized,
3. Such signs are utilized exclusively for purposes
intended and permitted.
Adopted by the City Council of the City of Andover this
day of , 1989.
CITY OF ANDOVER
Attest:
James E. Elling
Vicki Volk, City Clerk
o
PAGE 12
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Regular Planning Commission Meeting
April 25, 1989 - Minutes
Page 7
(Olesen Pre. Plat, Cont.)
house can be moved. Mr. Olesen stated that it can but he doesn't
want to move it. He also stated that the City Council has given
him preliminary approval of this plat.
Mr. Olesen agreed to move the lot lines so that the lot that was
less than 2.5 acres will become 2.5 acres.
r
At this time, Chairman Pease opened the public hearing.
Wayne Nevalinen, 3531 - 173rd - has no objections to the plat.
Discussion was on the lot that has the existing house and what
would happen if the county decided to upgrade County 58. d'Arcy
Bosell noted that the county would negotiate with the property
owner to either buy the house from them or they would make some
other type of arrangement.
Mr. Nevalinen asked if the grading and drainage from Mr. Olesen'S
plat would create a pond in his back yard. Ms. Bosell explained
that Mr. Olesen cannot increase the water on Mr. Nevalinen's
property; he has to either have a ditch system or ponding.
MOTION by Sabel, seconded by Jovanovich to close the public
hearing. Motion carried.
MOTION by Bernard, seconded by Spotts that the Andov~r Planning
and Zoning Commission recommend to the City Council approval of
the preliminary plat of Olesen Addition being developed by Eugene
Olesen. A public hearing was held and there was no public
opposition. The plat has been reviewed by the City Engineer and
some revisions will be made to make Lot 1 legal size.
Variances will be granted for Lots 1, 2, and 3, Block 1 as
recommended by the City Council as part of Improvement Project
87-26. Variances will be granted for the offset of 174th and for
the house on Lot 1, Block 2 wbich is located in the setback.
Platting will be pursuant to the grading plan. Comments were
received from the Anoka County Highway Department. The driveway
for Lot 1, Block 2 will exit onto 174th Avenue as recommended by
the Assistant City Engineer. The developer is responsible to
obtain all necessary permits from the DNR, Watershed and Corps of
Engineers. Park dedication will be as determined by the Park
Board.
Motion c~rried unanimoUSly. This will go to the City Council on
May 16, 1989.
Ordinance 8, Sign Section Revisions
d'Arcy Bosell was present to discuss this item. Regarding
election signs, she noted that a lot of cities allow the winner
of a primary election to leave his signs up until after the
general election. Also, in some cities erection of the signs
-
~!
',., .
"
(f),
Regular Planning Commission Meeting
April 25, 1989 - Minutes
Page 8
(Ord. 8, Signs, Cont.)
coincides with the date the candidate files.
Another question that was asked by the Council was whether a real
estate sign offering property for sale, lease or rent would
require a permit. Ms. Bosell felt that this type of sign should
require a permit. She also felt that a for sale sign announcing
a development needs to be 130 feet from a residence to allow
for the ability to maneuver around the structure.
.'
Temporary signs are next to impossible to manage. Ms. Bosell
suggested that election signs have a fee of $25.00. This would
be to cover the cost of having a staff person remove signs that
were placed in the wrong location or left up after an election.
Ms. Bosell explained that at the present time, reader
are allowed to be us en for 30 calendar days per year.
system has worked well.
board signs
This
Monument signs - in other cities, such signs are allowed one per
development and/or one per street entrance. They are generally
24 square feet in size.
Mr. Ferris asked if there is a size limit on election signs and
how far back they need to be. Ms. Bosell stated that they need
to be 10 feet from the right-of-way line. Mr. Blake noted that
we limit them to 30 square feet per lot but council felt that was
too restrictive.
,~
Mr. Bernard felt it is necessary to have someone responsible for
election signs, but thought a $10.00 fee would be, fair. The
concensus of the Commission was to charge a $10.00 fee for
election signs and that the monument signs should be added under
Section D, General Provisions, Subsection 2.h.
This item will go to the City Council on May 16, 1989.
Comprehensive Plan: Request for Proposal
Mr. Blake reviewed his request for proposal for the Comprehensive
Plan.
Planning and Zoning Commission Mission statement
Mr. Blake will combine the two statements and bring the statement
back for the next meeting.
other Business
Mr. BlaKe reviewed information provided regarding the granting of
variances.
MOTION by Jacobson, Seconded by Ferris to adjourn. Motion
carried.
\D
Meeting adjourned at 11:15 P.M.
Respectfully submitted,
LL.'~
Vicki volk, City Clerk
CITY OF ANDOVER
REQUeST~OR :PLANNING COMMI:SSION AcnON
25 April 1989
DATE
ORIGINATING DEPARTMENT
Zoning .~
BY, d' A<cy Bosell, ZA ~~ J
AGENDA ITEM
5. Ord. 8, Sec. 8.07
Sign Sec. Amend.
APPROVED FOR
AGENDA
BY:
The City Council at their regular meeting on April 18,
1989, reviewed the proposed Sign Section amendment to Ordinance
No.8. The Council raised some questions in regard to
particular issues and they are as follows:
1. How do we handle permanent subdivision signs?
2. How this amendment addresses the yellow portable (reader
board) signs?
3. Temporary signs - do they exclude real estate signs and
election signs?
4. Does a "for sale" sign need to be 130' from a
residential structure?
5. Does a real estate sign which offers property for sale,
lease or rent and is larger than the signs permitted
then need a permit?
6. Is 45 days enough time for election signs, especially if
there is a primary involved?
Working in reverse order, the Planning Commission may wish to
amend this provision to include a statement about the case of a
primary election and its subsequent winner or it may wish to
include a statement setting out the time frame coinciding with
the time of the filing for office and within x-number of days
after the election.
Having been a candidate for office, I personally would like to
see the sign date coincide with the date you can file for
office; i~e., the first date the filings are open, after the
candidate has filed, signs can begin appearing. I would then
recommend that the signs be removed within 7 days following the
election.
Historically, much longer times allows one to "forget" to take
the signs down.
c
o
o
Page Two
Ord. 8, Sec. 807 - Sign Section Amendment
The "for sale, rent or lease" sign that is greater than 6 square
feet in a residential district and 32 square feet in all other
districts should be required to obtain a permit as they tend to
be on the site greater than a temporary-type sign would be.
Does a "for sale" sign need to be 130 feet from a residence?
The portion of the Ordinance in which this issue is raised has
to do with real estate signs for a residential project of 5
acres or more. It would appear to me to be logical to keep that
130 foot distance So that the ability to maneuver around the
structure is retained in case of an emergency. I do not think
this restriction applies to a "for sale" sign but rather an
identification sign such as "Coming Soon - White Cliffs of
Andover ..." and is an announcement of a project.
Do temporary signs include or exclude real estate signs and
election signs? The data gathered is divided on both of those
issues equally. Some cities require permits and fees and some
do not. From a practical standpoint, to require a permit and
fee for the 2' x 3' real estate sign is unenforceable. It would
take one person all day for several days per week to keep track
of those signs, which ones are permitted and which ones are not,
and then following up with those permits.
Election signs also fall into the divided category. Some Cities
require a permit fee of $25.00 just to cover the possibility of
having to go out and collect signs after an election; other
Cities simply exempt them from being required to obtain a permit
and pay a fee. Again, the issue comes down to ability to
enforce. Last year we had two (2) candidates who inquired and
were willing to pay the $25.00 fee, one (1) candidate who called
and the remaining candidates just put up their signs at any
location they so chose.
I would recommend that the candidate complete an application for
the signs, that the fee be waived, and this simply function as a
point of information in the event the signs are placed
incorrectly or are not removed within the time frames allowed.
You would then simply pull the permit and contact the candidate
or their representative by phone and cause the correction to be
made.
The portable "reader board" sign would be handled as a temporary
sign, the allowed for thirty (30) days within one (1) calendar
year, and would be subject to the permit and appropriate fee.
Last but not easiest is the large "monument sign" such as the
Woodland Creek median sign. The communities from which we have
samples of their sign ordinance seem to be consistent in that
they are allowed, one (1) per development and/or one (1) per
street entrance, they are generally twenty-four (24 s.f.) square
feet in area, they are consistently located ten (10') feet from
the property line and some cities restrict them to an area of
development which is larger than five (5 a.) acres.
I have inserted those recommendations into the proposed
Ordinance amendment for your review and consideration.
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 16, 1989
AGENDA SECTION
NO,
ORIGINATING DEPARTMENT
Engineering,
ITEM
NO,
Discussion Items
~
Frontage Road/Jay
Hanson/89-12 6.
BY: James E. Schrantz
The City Council is requested to approve the resolution rece~v1ng
the feasibility report and ordering the public hearing for the
Bunker Lake Boulevard Frontage Road, Improvement Project 89-12.
The improvement consists of sanitary sewer, watermain, storm sewer
and street construction. The City Council received a copy of the
feasibility report with the May 2nd packet to allow the Council
additional time to review the report. Please bring your report to
the meeting.
The frontage road has a one-sided benefit. The feasibility report
has been prepared to show that the City would pay one half of the
costs. The costs for the sanitary sewer and water one-sided
benefit could be charged to the trunk source and storage; fund for
the water; and the trunk fund for the sanitary sewer. As far as
half of the frontage road and storm sewer costs go, it has been
discussed that the City may use the tax increment financing funds.
Attached is a memo from Howard discussing the status of the Tax
Increment Financing Account.
NOTE: The Public Hearing date is tentatively set for Thursday,
June 1, 1989. Other dates available, which ,are not regular
meeting dates, are June 8th, June 13th, or June 15th.
COUNCIL ACTION
MOTION BY
TO
SECOND BY,
o
o
CITY of ANDOVER
MEMORANDUM
TO:
The Honorable Mayor and City Council
COPIES TO: James E. Schrantz, City Administrator
FROM:
DATE:
Howard Koolick, City Finance Director ~'
May 16,1989
REFERENCE: Fundinq of Proposed Bunker Lake Blvd. Frontagp Roan
The City is considering building a frontage ,road on Bunker Lake
Boulevard. The feasibility report proposes assessments of half
the cost since the benefitted properties are only on one side of
the road. The City would then be responsible for half the cost,
an estimated $106,250. The following are the funding options
that the City has:
1. Use the Remainin Tax Increment Funds from TIF 1-1.
T e ConstructIon Account or TIF sows a a ance of
approximately $20,000. There is still additional ponding
costs which the City will need to pay in the future.
Therefore, The use of current TIF funds is not an
available option.
2. Pa of Watermain and Sanitar
Sewer Costs out of't e Water an Sewer Trun Fun s.
Both these funds have adequate funds available to cover
the City's share of expenses and could readily be used.
3. Use the Proceeds from the Commercial Park Lot Sales.
T e procee s from t e sa e 0 ots In t e Commerc1a Park
are not restricted for the payment of debt and could be
used to fund the road. Currently the City has collected
approximately $70,000. However, the City may wish to
hold these funds and use them to help pay the TIF Bonds
which mature in December of 1990.
4. Issue Bonds to Finance the City's Portion.
The City could issue Tax Increment or General
Obligation Improvement Bonds to finance their portion.
Prior to authorizing Tax Increment Bonds, serious
consideration needs to be given to determine if there
will be adequate development to provide the increment
needed to repay the bonds.
o.
o
5. Assess the Entire Cost to the properta Owners.
This option will put a tremendous bur en on the property
owners involved.
r
6. Post~one the Project Until it is More Economically
Feas1ble.
As the tax increment district matures, the project will
be easier to finance due to increased tax increment
revenue. In addition, the City might better know the
intentions of the effected property owners and if there
will be adequate development to issue tax increment
bonds.
The City can also combine any of the above options to arrange
adequate financing for this project.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
o
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING
ON IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREET
CONSTRUCTION, PROJECT NO. 89-12 IN THE BUNKER LAKE BOULEVARD FROM JAY
STREET TO HANSON BOULEVARD AREA.
WHEREAS, pursuant to Resolution No. 066-89, adopted the 4TH day
of April, 1989, a Feasibility Report has been prepared by TKDA for
the improvements; and
WHEREAS, such report was received by the City Council on the
16th day of May, 1989; and
WHEREAS, such report declared the proposed improvement to be
feasible for an estimated cost of $212,500.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council hereby accepts the Feasibility Report for
Project No. 89-12, for the improvements.
2. The Council will consider the improvements in accordance
with the report and the assessment of abutting property
for all or a portion of the improvement pursuant to
Minnesota Statutes Chapter 429 at an estimated total cost
of the improvement of $212,500.00.
3. A public hearing shall be held on such proposed
improvement on the 1st day of June, 1989 in
the Council Chambers of the City Hall at 7:30 P.M. and the
Clerk shall give mailed and published notice of such
hearing and improvement as required by law.
MOTION seconded by Councilman
and adopted by the City
day of
Council at a
Meeting this
19 , with Councilmen
voting in favor of the resolution, and Councilmen
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
James E. Elling - Mayor
o
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF HEARING ON IMPROVEMENT
PROJECT NO. 89-12
BUNKER LAKE BOULEVARD FRONTAGE ROAD
JAY STREET TO HANSON BOULEVARD
NOTICE IS HEREBY GIVEN that the City Council of the City of Andover,
Anoka County, Minnesota will meet at the Andover City Hall, 1685
Crosstown Boulevard N.W. in the City of Andover, on
Thursday, June 1, 1989 at 7:30 P.M. to consider the making of the
following improvement:
Construction of a frontage road with
watermain, sanitary sewer, and storm drainage
The property to be assessed, pursuant to Minnesota Statutes Section
429, for such improvement is within the following described area:
The property abutting the south side of Bunker
Lake Boulevard from Jay street to Hanson Boulevard
The estimated cost of such improvement is $212,500.00.
Such persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
CITY OF ANDOVER
Victoria Volk - City Clerk
Dated:
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 16, 1989
AGENDA SECTION
NO,
ITEM
NO,
Discussion Items
Ve reas. ~eport:/
Jay St. & Commercial
Boulevard/89-13 7.
ORIGINATING DEPARTMENT
Engineering
APPRO~ED R
AGEN
l1
BYy
/'
BY: James E. Schrantz
The City Council is requested to approve the resolution
receiving the feasibility report and order a public hearing for
improvements for Jay Street and Commercial Boulevard. John
Rodeberg has asked that the Council discuss the alternative routes
for the Commercial Boulevard. John would like to discuss the pros
and cons of the various alternates with the City Council.
John will finalize his feasibility costs for the alignment of
Commercial Boulevard the Council selects and prepare the final
estimated costs for the public hearing.
These projects are proposed to be 429 improvement projects so the
costs of the improvements will be assessed to the benefitting
property owners.
This project hasn't been petitioned for, therefore, it requires a
4/5 vote of the City Council to order the improvements.
COUNCIL ACTION
c
MOTION BY
TO
SECOND BY
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING
ON IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS
WITH CONCRETE CURB AND GUTTER, PROJECT NO. 89-13 IN THE
SOUTHEAST 1/4 OF SECTION 34 ABUTTING JAY STREET AND COMMERCIAL
BOULEVARD AREA.
WHEREAS, pursuant to Resolution No. 074-89, adopted the 18th
day of April, 1989, a Feasibility Report has been prepared by TKDA
for the improvements; and
WHEREAS, such report was received by the City Council on the
16th day of May, 1989; and
WHEREAS, such report declared the proposed improvement to be
feasible for an estimated cost of $
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council hereby accepts the Feasibility Report for
Project No. 89-13, for the improvements.
2. The Council will consider the improvements in accordance
with the report and the assessment of abutting property
for all or a portion of the improvement pursuant to
Minnesota Statutes Chapter 429 at an estimated total cost
of the improvement of $
3. A public hearing shall be held on such proposed
improvement on the 1st day of June, 1989 in
the Council Chambers of the City Hall at 8:30 P.M. and the
Clerk shall give mailed and published notice of .such
hearing and improvement as required by law.
MOTION seconded by Councilman
Council at a
Meeting this
19 , with Councilmen
voting in favor of the resolution, and Councilmen
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
James E. Elling - Mayor
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF HEARING ON IMPROVEMENT
PROJECT NO. 89-13
JAY STREET AND COMMERCIAL BOULEVARD
NOTICE IS HEREBY GIVEN that the City Council of the City of Andover,
Anoka County, Minnesota will meet at the Andover City Hall, 1685
Crosstown Boulevard N.W. in the City of Andover, on Thursday, June 1,
1989 at 8:30 P.M. to consider the making of the following
improvement:
Watermain, Sanitary Sewer, Storm Drain and
Streets with Concrete Curb and Gutter
The property to be assessed, pursuant to Minnesota Statutes Section
429, for such improvement is within the following described area:
Southeast 1/4, Section 34, Township 32 North,
Range 24 West, in particular Watts Garden
Acres, all within the City of Andover, MN.
The estimated cost of such improvement is $
Such persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
CITY OF ANDOVER
Victoria Volk - City Clerk
Dated:
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 16, 1989
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
FOR
ITEM
NO,
Discussion Items
Engineering
Tulip street Storm
Drainage 8.
BY:
James E. Schrantz
The City Council is requested to consider the right-of-way
acquisition for the storm drain retention pond for the Tulip
street drainage.
Attached is a letter from Glenn Cook of Bonestroo, Rosene and
Anderlik stating that state Aid will participate in the land
acquisition costs of ponding provide~ the City acquires the land
in fee title. Glenn Cook is checking with the property owners to
see if there are any problems with them selling the City the
property in fee title versus easement.
The proposal is for Option No. 3 which was presented at the April
18, 1989 Council Meeting under Item No.5. Attached is a drawing
of Option No.3.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
.8
-.
1\11
Bonestroo
Rosene
Anderfik &
Associates
Otto G. Bonestroo, PE.
Robert W. Rosene, RE.
Joseph C. Anderllk, PE.
Bradford A. lemberg, PE.
Richard E. Turner. P.E.
James C. Olson. P.E.
Glenn R. Cook. PE.
Thomas E. Noyes. PE.
Robert G. Schunicht. P.E.
Marv;n l. Sorvara. P,E.
Keith A. Gordon. PE.
RIchard W Foster. PE.
Donald C. Burgardt. PE.
Jerry A. Bourdon. PE.
Mark A. Hanson. pE.
Ted 1<.. Field. P.E.
Michael T. Rautmann, PE.
Robert R. Pfefferle, P.E.
David 0. loskota. PE.
Thomas W. Peterson. PE.
Engineers & Architects
May 5, 1989
City of Andover
1685 Crosstown Blvd.
Anoka, MN 55303
Attn: Mr. James Schrantz
;;jJ"jg'l @
Michael C. Lynch. PE. Philip J. Caswell. P.E.
James R. Maland. P.E. Mark D. \N'allJs. PE.
Kenneth P. Anderson, PE. Thomas R. Anderson. A.IA
Keith A. Bachmann. PE. Gal)' F. Rylander. P.,E.
Mark R. Rolfs. P.E. Charles A. Erickson
Robert C. Russek. A.lA leo M. Pavvelsky
Thomas e. Angus, PE, Harlan M. Olson
HO'Nard A, Sanford. P.E. Susan M. Eberlin. c.P.A.
Daniel J. Edgerton. P.E.
Mark A. Seip. P.E.
,ft~ r;
R~~D
CITY OF ANDOVER
Re: File No. 17132
Tulip Street
Dear Jim,
We have
ponding
ponding
contacted Mn/DOT relative to the payment
easements. Mn/DOT will participate in
area is acquired in fee title.
We will contact the property owners and discuss the fee
this is an acceptable option to the property owners,
the City Attorney prepare the necessary documents.
If you have any questions, please contact this office.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
4L~~
Glenn R. Cook
GRC : Ii
o
28
of
the
acquisition costs for
land cost provided the
title acquistion. If
we would recommend that
2335 West Highway 36 · St. Paul, Minnesota 55113 . 612-636-4600
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TULIP STREET NW
ELEVATJON APPROX;
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15'01 VlI'ITJI,
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 16, 1989
AGENDA SECTION .
NO. Statt-, Comml ttee,
Commissions
ORIGINATING DEPARTMENT
Engineering
~
APPROVlE,t FOR
AGE"" It'
BY: //
V
ITEM
NO,
Accept Petition/
173rd & Navajo
9.
BY: Todd J. Haas
The City Council is requested to receive the petition and order
the preparat,ion of a feasibility report for the improvement of
streets.
The petition was sent to 9 of 13 lots on Navajo Street. The
petition was not sent to any of the property owners that have
frontage along 173rd Avenue NW.
Staff has discussed this with Mr. Schalo, individual who
circulated the petition, and he has indicated that residents on
Navajo Street are willing to pay a portion of the costs with the
other portion to be paid by property owners along 173rd Avenue NW.
NOTE: Navajo street is currently blacktopped and 173rd Avenue is
Class v. Residents are concerned with the washboarding and
the dust from 173rd Avenue.
c
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION
OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREETS, PROJECT NO.
88-16, LOCATED ON 173RD AVENUE NW BETWEEN CSAH 7 AND NAVAJO STREET
NW.
WHEREAS, the
April 20, 1989
improvements; and
City Council has received a petition, dated
, requesting the construction of
WHEREAS, such petition has been validated to contain the
signatures of more than 35% of the affected property owners
requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover that:
1. The petition is hereby declared as adequate.
2. The proposed improvement is hereby referred to
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_
voting in
with Councilmen
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
o
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CITY of ANDOVER
Date:~
No.
Gentlemen:
" We, the undersigned, owners of real property in the following described
~a ;S/ke{ AJuJ
do hereby petition that said v?rtion of sa~d area
Construction of City 1.. Rf) J.-IfA, k.MI '71( /1.J1'
Jx. .014 8/( fojJp d
and that the cost of said improvement be assessed against the benefitin!;'
property, as authorized by Chapter 429, Laws of Minnesota.
ADDRESS
LEGAL DESCRIPTION
YES
NO
This.petition was Circo~ate~(J ~t~
Address:~QAh1tS)
, LIz 7-:1>'1{.,
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO,
DATE
ORIGINATING DEPARTMENT
May 16, 1989
Non-Discussion Items
Engineering
#
BY:
ITEM
NO,
Tulip street and Ward
Lake Drive 10.
BY: Todd J. Haas
The City Council is requested to approve the attached resolutions
relating to parking restrictions on Ward Lake Drive and Tulip
Street NW.
The State of Minnesota cannot approve the plans and specs until
the City approves the no parking restrictions.
The 32' MSA street section that Andover uses requires that
there is no parking on these streets.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
o
RES. NO.
A RESOLUTION APPROVING AN AGREEMENT RELATING TO PARKING RESTRICTIONS
ON WARD LAKE DRIVE (MSAP 198-103-03) FROM 171ST AVENUE NW TO
CROSSTOWN BOULEVARD NW, ANDOVER, MINNESOTA.
THIS AGREEMENT, made and entered into this 16th day of May,
1989, by and between the City of Andover, in Anoka County,
Minnesota, and the Commissioner of Transportation, State of
Minnesota. The Municipal Corporation shall hereinafter be called
the "City"; and the Commissioner of Transportation of the State of
Minnesota hereinafter shall be referred to as the "Commissioner",
WITNESSETH:
WHEREAS, the "City" has planned the improvement of Ward Lake
Drive (MSAP 198-103-03) from 171st Avenue to Crosstown Boulevard;
and
WHEREAS, the "City" will be expending Municipal State Aid funds
on the improvement of said street; and
WHEREAS, said existing street does not conform to the approved
minimum standards as previously adopted for such Municipal State Aid
streets and that approval of the proposed construction as a
Municipal State Aid Street project must therefore be conditioned
upon certain parking restrictions; and
WHEREAS, the extent of these restrictions that would be a
necessary prerequisite to the approval of this construction as a
Municipal State Aid project in the "City" has been determined.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties
hereto as follows:
That the "City" shall restrict the parking of motor vehicles on
Ward Lake Drive (198-103-03) from 171st Avenue NW to Crosstown
Boulevard, at all times unless hereafter authorized in writing by
the Commissioner.
ADOPTED by the Andover City Council this
, 19
day of
CITY OF ANDOVER
ATTEST:
James E. Elling - Mayor
4:)victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
o
RES. NO.
A RESOLUTION APPROVING AN AGREEMENT RELATING TO PARKING RESTRICTIONS
ON TULIP STREET NW (MSAP 198-105-03) FROM 169TH AVENUE NW TO
COUNTY ROAD 58, ANDOVER, MINNESOTA.
THIS AGREEMENT, made and entered into this 16th day of May,
1989, by and between the City of Andover, in Anoka County,
Minnesota, and the Commissioner of Transportation, State of
Minnesota. The Municipal Corporation shall hereinafter be called
the "City"~ and the Commissioner of Transportation of the State of
Minnesota hereinafter shall be referred to as the "Commissioner",
WITNESSETH:
WHEREAS, the "City" has planned the improvement of Tulip
Street NW (MSAP 198-105-03) from 169th Avenue to County
Road 58~ and
WHEREAS, the "City" will be expending Municipal State Aid funds
on the improvement of said street; and
WHEREAS, said existing street does not conform to the approved
minimum standards as previously adopted for such Municipal State Aid
streets and that approval of the proposed construction as a
Municipal State Aid Street project must therefore be conditioned
upon certain parking restrictions~ and
WHEREAS, the extent of these restrictions that would be a
necessary prerequisite to the approval of this construction as a
Municipal State Aid project in the "City" has been determined.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties
hereto as follows:
That the "City" shall restrict the parking of
Tulip Street NW (198-105-03) from 169th Avenue NW
Road 58, at all times unless hereafter authorized
Commissioner.
motor vehicles on
to County
in writing by the
ADOPTED by the Andover City Council this
, 19
day of
CITY OF ANDOVER
ATTEST:
James E. Elling - Mayor
o
Victoria Volk - City Clerk
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 16, 1989
AGENDA SECTION
NO,
ITEM
NO,
Non-Discussion Items
l2.
Comprehensive Plan
Request for Proposals
City Planner
ORIGINATING DEPARTMENT
BY:
REQUEST
The Andover City Council is asked to review and approve the
enclosed Comprehensive Plan and Development Framework Request for
Proposals. The Andover Planning and Zoning Commission reviewed
the RFP at their May 9, 1989 meeting.
..
MOTION BY
TO
COUNCIL ACTION
SECOND BY
0,
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100
CITY OF ANDOVER, MINNESOTA
Comprehensive Plan and Development Framework
ITEM: Request for proposals for the update and revision of the
City's Comprehensive Plan and Development Framework.
BACKGROUND:
The City of Andover is a rapidly growing Twin Cities suburb of
14,000 people located twenty miles north of Minneapolis in Anoka
County. The City's population in 1980 was 9,387. Current
estimates show that more than 14,000 people now reside in Andover.
Because of this rapid population growth, development patterns and
growth management will continue to be key issues for the City in
the next five to ten years.
The City has a unique mix of rural and urban uses that require
additional sensitivity for planning and guiding the growth.
Approximately 1/6 of the City is served by City sanitary sewer and
water. The remainder of the community has private wells and
septic systems.
Environmental issues, such as erosion of the river banks,
hazardous waste sites and blighted neighborhoods are of particular
concern for the City of Andover.
Access to the Twin Cities via the State Highway system has been
recently improved with the addition of the 610 Bridge and
improvements to Highway 252. Andover is served by the Anoka
County Highway System, including: Bunker Lake Boulevard, Round
Lake Boulevard, Crosstown Boulevard and Hanson Boulevard. As the
City continues to grow, improvement and expansion of the County
Highway system will continue to be extremely important for
residents of Andover.
EXISTING COMPREHENSIVE PLAN:
The Andover Comprehensive
completed in July of 1980
is in many ways brief and
objectives are included.
growth.
Plan and Development Framework was
and finally adopted in 1982. The plan
incomplete. Basic background, goals and
However, the Plan does little to manage
o
",
. - ~ f
o
Page 2
RFP
Andover Comprehensive Plan
June 1, 1989
Also, significant changes in the growth patterns for the City have
occurred. The afteimath of improved access to downtown
Minneapolis and st. Paul and a booming housing market were not
projected by the City or the Metropolitan Council. All
indications are that the population will continue to grow well
. into the 1990s. This makes the need for an updated Comprehensive
Plan even greater.
GROUP PLANNING PROCESS:
The City's Planning and Zoning Commission will playa significant
role in the development of the new Comprehensive Plan. The
Planning and Zoning Commission was instrumental in developing
previous plans and has great insight into the make-up of the
Community.
Additional emphasis will be placed on neighborhood planning.
Andover believes that each neighborhood should have input into the
characteristics of their area. Emphasis should also be placed on
each neighborhood's part of the whole community.
Several advisory committees, including: the Park and Recreation
Commission, the Andover Economic Development Committee, the Road
Committee and the Hazardous Waste Committee will play key roles in
the development of the Comprehensive Plan.
City Staff will provide necessary assistance to the consultant
through graphics, research and coordination.
TIME FRAME:
The City will begin the planning process in July of 1989 and the
proposed completion date is July of 1991 (including Metropolitan
Council review and approval). The project is being funded through
Andover Community Development Block Grant.
INFORMATION REQUIRED:
The consultant is required to submit the following information:
(Pleas~ submit in the order outlined)
o
Company Background - Provide relevant planning and consulting
experience, including an outline of Comprehensive Plans and/or
Capital Improvement Plans completed for other cities. Also
include a list of current references and a sample Comprehensive
Plan for review purposes.
o
o
Page 3
RFP
Andover Comprehensive Plan
June 1, 1989
r
Staff Experience - Provide a list of planning staff experience
including resumes and related personnel information, that outlines
expertise in comprehensive long-range planning.
Proposed Scheduling - Describe plans for meeting schedules,
including the number of meetings and related deadlines and
examples of public input into previous Comprehensive Plans.
Budget Information - Provide a detailed breakdown of project costs
including: staff time, transportation costs, duplication costs for
25 copies (including 1 original bound in a three ring format)
and payment scheduling**.
** The contractual agreement between the City of Andover and the
consultant will specify payment schedules and outline minimum
project requirements.
Five (5) copies of the proposal should be received by the City
prior to 4:30 p.m. on June 30, 1989 at the following address:
City of Andover
1685 NW Crosstown Boulevard
Andover, MN 55304
Attn. Mr. Jay Blake, City Planner
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 16, 1989
ITEM
NO,
Non-Discussion Items
en
Traffic Signals/135th
RLB; C.R. 20 & RLB 13.
ORIGINATING DEPARTMENT
Engineering
R
AGENDA SECTION
NO,
BY: James E. Schrantz
The City Council is requested to approve the Joint Powers
Agreement for these two traffic systems. This item has been
continued from previous meetings waiting for verification of
sufficient funds in the Road Fund to be able to pay for these
signals.
Howard has gone back and reviewed the account with the auditors.
Attached is his letter with his findings.
The Joint Powers Agreements were part of the April 18th packet and
also the May 2nd packet behind Howard Koolick's memo.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
0,
MEMORANDUM
"
TO:
COPIES TO:
FROM:
DATE:
REFERENCE:
CITY of ANDOVER
The Honorable Mayor and City Council
James E. Schrantz. City Administrator
Howard Koolir.k,
th
~ity Finrtnr.p nirpr.tnr
"'ay 16. 1989
Funding Tr~ffic Signals at 13Sth and RLB and 161st
and RLB
The City is considering entering into a joint powers agreement
for the installation of these two traffic signals. At the May 2
Council meeting, you requested an analysis of the MSA Fund (Road
Fund) to determine if the costs could be paid from this fund.
A review of this fund disclosed that prior to 1986, this fund
was used to account for three 1982 projects, before they were
closed. Beginning in 1987, remittances for maintenance from the
State were coded to this fund. The following is a summary of
the activity in this fund during 1987 and 1988:
Revenue:
MSA Maintenance
Assessments
Interest .
Total Revenue
$ 56,129
16,640
27,694
100,423
Expenditures:
Land Acquisition
Contractor payments
Legal Fees
Engineering Fees
Other
Total Expenditures
2,500
7,350
1,421
630
1,140
13,041
Excess funds available
87,323
The estimated cost of these signals is $86,400 less MSA
reimbursement of $21,600. Therefore, the net cost to the Road
Fund would be $64,800, leaving $22,582 plus any 1989 revenue
available for future projects.
Based on the above analysis, I believe the two signals could be
funded from the Road Fund.
o
o
May 16, 1989
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
AGENDA SECTION
NO,
ORIGINATING DEPARTMENT
Non-Discussion Items
--(~
APPROV~FOR
AGE Ai?
Engineering
ITEM
NO,
Receive Feasibility/
Smith's Green Acres 14. .BY:
Todd J. Haas
The City Council is requested to approve the resolution accepting
the feasibility report and ordering the public hearing for 89-14,
Smith's Green Acres, for the extension of storm sewer.
The hearing would be held on June 1, 1989.
COUNCIL ACTION
SECOND BY
MOTION BY
TO
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
o
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING
ON IMPROVEMENTS OF STORM SEWER, PROJECT NO. 89-14 IN THE
SMITH'S GREEN ACRES AREA.
WHEREAS, pursuant to Resolution No. , adopted the 2nd
day of May , 1989, a Feasibility Report has been prepared by
TKDA for the improvements; and
WHEREAS, such report was received by the City Council on the
day of , 19 ; and
WHEREAS, such report declared the proposed improvement to be
feasible for an estimated cost of $
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council hereby accepts the Feasibility Report for
Project No. 89-14 , for the improvements.
2. The Council will consider the improvements in accordance
with the report and the assessment of abutting property
for all or a portion of the improvement pursuant to
Minnesota Statutes Chapter 429 at an estimated total cost
of the improvement of $
3. A public hearing shall be held on such proposed
improvement on the 1st day of June , 1989 in
the Council Chambers of the City Hall at and the
Clerk shall give mailed and published notice of such
hearing and improvement as required by law.
MOTION seconded by Councilman
and adopted by the City
day of
Council at a
Meeting this
19 , with Councilmen
voting in favor of the resolution, and Councilmen
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
James E. Elling - Mayor
o
Victoria Volk - City Clerk
'KDA
T.OL TZ. KING. DUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
ENGINEERS ARCHITECTS PLANNERS
2500 AMERICAN NATIONAL BANK BUilDING
SAINT PAUL. MINNESOTA 55101-1893
612/292-4400
FAX 612/292-0083
May 1 0, 1 989
..
Honorabl e Mayor and Cliy Councl I
Andover, MInnesota
Re: SmIth's Green Acres
Proj ect 86-2
Andover, MInnesota
CommIssIon No. 8580 (9140-000)
Dear Mayor and Council:
On May 2, 1989, the Cliy Councl I asked TKDA to rev lew the cost and
asses9l1ent requIred to extend the storm sewer line on the above referenced
proj ect a long the exl stl ng ditch on the north sl de of the pi at to a II ON the
resl dents to fill thel r back yards. The cost estl mate I s noted bel ON:
21" RCP, CI. 3 650 LF @ $ 23.00
Remove/Replace F.E.S. 1 EA @ $200.00
Common BorrON (Fill) 1,300 CY @ $ 3.00
= $14,950
= $ 200
= $ 3,900
Total Estimated ConstructIon Cost
Expenses
$19,050
$ 2,750
Total EstImated Project Cost
$22,800
Since 6 lots woul d benef It, the estimated cost per lot woul d be $3,800.00.
The cost could be reduced by using PVC or plastic corrugated pIpIng, but
these could easily be damaged by fence, underground cable or other
constructIon, and therefore can not be recommended. If bids came In at the
very ION end of recent construction costs, the cost per lot could be as ION
as $3,200.00. It appears that, even at th Is rate, the Improvement I s not
economically feasible.
c:> JPR/mha
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 16, 1989
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
Non-Discussion Items
Planning
ITEM
NO.
Heidelberger Variance
15.
BY:
REQUEST
The Andover City Council is asked to review the resolution denying
the request of Rick and Marion Heidelberger for a variance to
allow the completion of a non-conforming garage currently under
construction.
o
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
CITY OF ANDOVER
COUNTY OF ANORA
STATE OF MINNESOTA
RES. NO. R -89
A RESOLUTION DENYING THE VARIANCE REQUEST OF RICHARD AND MARION
HEIDELBERGER TO ALLOW THE COMPLETION OF NON-CONFORMING ACCESSORY
STRUCTURE IN FRONT OF THE PRINCIPAL STRUCTURE, ON PROPERTY
DESCRIBED AS THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 34,
. TOWNSHIP 32, RANGE 24, ANORA COUNTY, MINNESOTA
WHEREAS, Richard and Marion Heidelberger are property
owners at 2052 NW Bunker Lake Boulevard and are requesting a
variance to allow the completion of a non-conforming accessory
structure in front of the principal structure, and
WHEREAS, the accessory structure was initial started
without proper building permits more than fifteen years ago by the
previous land own~r, and
WHEREAS, the accessory structure was placed four feet in
front of the existing principal structure approximately 86 feet
from the property line, and
WHEREAS, a roof was added to the structure within the past
two years, again without proper building permits and approved
plans, and
WHEREAS, the Andover Planning and Zoning Commission.
reviewed the proposal at their March 28, 1989 and April 11, 1989
meetings, and
WHEREAS, the Andover Planning and Zoning Commission held
a public hearing, no opposition to the proposed var-iance was
heard, and
WHEREAS, The Andover City Council found that no hardship
based on the unique characteristics of the land, such as,
topography, wetlands, shape of the land or steep slopes, exist on
the property, and
WHEREAS, the property is part of the City's Tax Increment
Financing redevelopment district and the expansion of a non-
conforming use would not be in keeping with the development plans
of the district, and
WHEREAS, the removal of the roof structure would not
preclude the reasonable use of the property as the property has
existed for many years without a completed garage.
o
o
o
Page 2
Heidelberger Variance
May 2, 1989
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Andover denies the variance requested by Richard and
Marion Heidelberger to allow the completion of a non-conforming
accessory structure in front of the principal structure.
Adopted by the City Council of the City of Andover this 2nd day of
May, 1989.
CITY OF ANDOVER
ATTEST:
James E. Elling, Mayor
Victoria Volk - City Clerk
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 16, 1989
DATE
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
Non-Discussion Items
Engineering
/(~
APPROVED FOR
AGENDAM
~
BY: J
f
ITEM
NO.
Receive Petition/
stop Signs 16.
BY: Todd J. Haas
The City Council is requested to approve stop sign locations at
the location of Xenia and 174th Avenue NW and also at Blackfoot
street and 175th Avenue NW as requested by area residents. See
attached map and petition.
Engineering recommends that stop signs be placed at Xenia for
northbound and southbound traffic at 174th Avenue. It is
recommended to place stop signs at 175th Avenue and Blackfoot
Street. The sight distance looking north as the vehicles
travelling westbound on 175th Avenue would justify a stop sign due
to trees and brush on the northeast corner of intersection
obstructing vision as you prepare to make a turning movement.
c
MOTION BY
TO
COUNCIL ACTION
SECOND BY
.
o
CITY of ANDOVER
Date: April 24, 1989
No.
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
Cedar Crest Estates and Cedar Hills River Estates
do hereby petition that said portion of said area be improved by
Construction of City STOP sign on corner of l75th Avenue N,W. and Blackfoot
Street N.W.; STOP sign on corner of174th Avenue N.W. and Xenia Street N.W.
and that the cost of said improvement be assessed against the benefiting
property, as authorized by Chapter 429, Laws of Minnesota.
o
OWNER ADDRESS
t'0t-c.e.d-J. du.C-t~
LEGAL DESCRIPTION
YES
NO
This petition was droolatodby, t"ar7' 'J'JaLid'
Address: /1t//~/ .J3/0..>>Jc-d"s f IV. Lv --
o
CITY of ANDOVER
Date: April 24. 1989
No.
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
Cedar Crest Estates and Cedar Hills River Estates
do hereby petition that said portion of said area be improved by
Construction of City STOP sign on corner of 175th Avenue N.W. and BlacKfoot
Street N.W.; STOP sign on corner of 174th Avenue N.W. and Xenia Street N.W.
and that the cost of said improvement be assessed against the benefiting
property, as authorized by Chapter 429, Laws of Minnesota~ (~~)
o
LEGAL DESCRIPTION
YES
NO
x
" 0
x
This petition was circulated by: Jan Hahn
Address: 17400 Blackfoot Street N. W., Andover, MN 55304
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 16, 1989
ITEM
NO.
Approve $3,200,000
Bond Sale 17.
BY:
James E. Schrantz
AGENDA SECTION
NO.
Non-Discussion Items
ORIGINATING DEPARTMENT
Engineering
The City Council is requested to authorize the solicitation to
bids for the $3,200,000 bond sale. The list of projects and their
amounts are in the attached memo from Bill Hawkins. Bill proposes
a bid opening and award of June 20, 1989.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
LAW OFFICES OF
S/;~g1
@
JOHN M. BURKE
WILLIAM G. HAWKINS
BARRY M. ROBINSON
SUITE 101
299 COON RAPIDS BOULEVARD
OON RAPIDS. MINNESOTA 55433
PHONE (61 2) 784-2998
o Burke aud Jlawkius
May 1, 1989
CITY OF f\NnoVf,R
Mayor and Councilmembers
Andover City Hall
l685 Crosstown Blvd.
Andover, MN 55304
Re: Recommendation for issuance of $3,200,000 of General
Obligation Improvement Bonds of 1989, Series A
Dear Mayor and Councilmembers:
We have been advised that the City of Andover is in need of
fund ing for a number of improvement projects that are be ing
undertaken by the City at this time. Based upon the information
that we have received from John Davidson of Toltz, King, Duvall,
Anderson & Associates and Jim Schrantz, our firm makes the
following recommendations in regard to the above referenced bond
issue.
The projects that are in need of funding are listed below. The
costs stated for each project are based upon the construction
costs plus an estimated amount for overhead costs of 30%. Over-
head includes. engineering, administrative, contingencies, legal
and fiscal costs. Several of the projects listed below are
already assessed at this time and the costs shown for those
projects are the amounts that were assessed by the City.
Project Description
Project Costs
86-2l Good Value, Stanton and
miscellaneous properties
(sanitary sewer, water,
street and storm sewer);
these projects were constructed
under a Joint Powers Agreement
with the City of Coon Rapids.
$
265,000.00
87-26 Langseth Pine Acres
(streets)
87,057.00
o
87-27 Woodland Creek lst Addition
(sanitary sewer, water and storm
sewer); these projects were
instituted by change order and
were not originally funded.
89,lOO.00
o
Mayor. and Councilmembers
~1ay l, 1989
Page 2
88-lB County Road l8 Br idge
improvement
l26,000.00
88-l3 Creekhaven (sewer, water,
storm sewer and streets)
l29,300.00
88-14 Uplander Street improve-
ments
44,070.00
"
88-l7 Red Oaks Manor 5th Addition
(sanitary sewer, water, streets,
and storm sewer)
285,350.00
88-l8 Dehn's lst and 2nd Additions
(street improvements)
68,120.00
88-19 Woodland Creek 2nd Addition
(sanitary sewer, water, storm
sewer and streets)
33l,946.00
88-20 Bent Creek Estates (sanitary
sewer, water, street and storm
sewe r)
87,300.00
88-35 Elevated storage tank, test
well, water main and valve chamber
l,062,300.00
89-4 Red Oaks Manor 6th Addition
(sanitary sewer, water, streets
and storm sewer)
19l, 920. 00
89-8 Kensington Estates 4th Addition
(sanitary sewer, water, streets
and storm sewer)
l64,300.00
To tal $ 2,93l,763.00
Plus:
Capi tali zed Interest 208,237.00
Discount 60,000.00
TOTAL $ 3,200,000.00
We would also offer the following comments in regard to the
above projects.
1.
Project 88-lB will not be financed through special assess-
ments since this is the proposed bridge across Crosstown
Boulevard. It is anticipated that the cost of this
project will be funded and reimbursed to the City by Anoka
County. We have anticipated in our financial projections
that these funds will be received in 1990~
o
o
Mayor and Councilmembers
May l~ 1989
Page 3
2.
"
Project 88-35 is the new elevated storage tank, well,
water main and valve chamber that is to be constructed at
the Andover City Hall. The costs for this project are
being funded based upon a report prepared for the City
Council by John Davidson dated December l4, 1988. This
report indicates that within the water service area of the
City, area and connection charge special assessments have
been levied in the amount of $4,094,000. To date,
$2,752,000 has been spent for the construction of trunk,
source and storage improvements to serve the water dis-
trict. Therefore the City has $l,342,000 of excess
special assessment income. The funding of the new tank
and well is anticipated to be accomplished by use of this
excess income. It should be noted that the bonds sold to
finance these previously constructed water projects have
pledged this excess assessment income for debt service
repayment. These projects were pr imar ily funded by the
issuance of general obligation temporary improvement bonds
in 1987 and 1988. When these bonds matur e in 1990 and
1991, it is anticipated that sufficient special assessment
income will have been received to redeem these bonds in
full. Any additional special assessment income in these
Debt Service Funds, over the amount necessary to repay the
temporary bonds, must be transferred to the Debt Service
Funds established to repay this proposed bond issue.
Provisions have been made in the structuring of the
principal repayment of this bond issue to provide for the
transfer of these funds in 1991 and 1992. If there is
insufficient income in the temporary bond issue special
assessment Debt Service Funds to repay the temporary
bonds, the special assessment income remaining will have
to be pledged to repay any new temporary or permanent
bonds issued to refinance the temporaries as well as the
debt service requirement for this proposed bond issue.
3. It will be necessary to combine Projects 88-lB and 88-35
pursuant to Minnesota Statute 435 for funding purposes
with the other 429 projects that are being financed at
this time since no assessments will be presently levied.
We will prepare such a resolution for the City Council to
consider.
It is our understanding that all of the other project costs
listed a.bove will be lOO% assessed against the properties they
benefit.
Under the City of Andover Public Improvement Financing Policy
adopted by the City Council, public improvements for new sub-
divisions and undeveloped areas provide that the developer shall
deposit with the City a cash escrow or letter of credit not less
than l5% of the estimated project costs as determined by the
engineer. The total project costs shall be assessed in equal
o
o
Mayor and Councilmembers
May l~ 1989
Page 4
"
annual installments over a period of not to exceed ten (lO)
years. The cash escrow shall remain intact until the out-
standing principal and assessment against the property is equal
to or less than the cash escrow deposit. At such time the cash
escrow deposit may be used to pay the balance of the principal
outstanding. The policy further provides that the assessment
shall be paid in full when a certificate of occupancy is issued.
Nearly all of the proposed improvements are being constructed to
serve new subdivisions, therefore, the entire costs of the
project as set out above would be assessed over a ten year
period. Toltz, King, Duvall, Anderson & Associates has informed
us that their calculations indicate that the assessment income
from the projects is sufficient to meet the debt service obliga-
tions for a permanent bond issue. Our projections assumed that
all the unassessed projects will be assessed by October lO, 1989
with collections commencing in 1990.
o
Over the past several years the City has financed improvements
for new subdivisions by the sale of general obligation temporary
improvement bonds with the expectation that all of the lots will
develop quickly and the assessments will be paid in full
enabling us to fund the temporary bonds. However, this bond
issue has several factors which we feel do not make it a good
candidate for temporary financing at this time. As indicated
earlier, over $l,OOO,OOO of the bond proceeds will be used for
the elevated tank, test well, water main and valve chamber.
Funds for the repayment of these costs will not be available
until after the redemption of the existing temporary bonds.
Fur thermore, it is possible that all of the assessment income
will not have been collected on the maturity date of the
temporary bond issue since a number of the lots may not have
completed homes upon them. Therefore the balance of the assess-
ment income would be collected only upon the issuance of certif-
icates of occupancy for homes on these lots in the future or in
semi-annual installments based on the original assessment time
per iod. It is therefore possible that there would be insuffi-
cient funds to repay a three-year temporary bond issue. It is
our recommendation, therefore, that we finance these projects by
the sale of general obligation permanent improvement bonds. We
would add one cautionary note to this strategy. The original
assessments that we are using to fund the elevated tank, test
well, water main and valve chamber bear an interest rate that is
l% ove r the rate on the tempo rary bonds. By the sale of
permanent bonds on this issue we anticipate that the interest
rate on these bonds will be higher than the assessment interest
rate originally levied. Therefore it will be necessary for the
City to increase the interest rate on the water assessments that
were previously levied. This possibility has always been known
and since these lots are primarily owned by developers the
assessment process should be relatively simple. This interest
rate change should be made by October lO, 1989.
o
Mayor and Councilmembers
May 1~ 1989
Page 5
...
The bond repayment schedule is established over a period of
twelve years. Substantially all of the projects which are being
funded by this bond issue are assessed over a ten year period.
There are, however, assessments which must be used to finance
the new tank which were originally assessed over a fifteen year
period. Therefore we have blended these two assessment periods
to provide for a repayment schedule of twelve years which should
reduce the overall borrowing costs.
,.
We are proposing the bonds be dated July l, 1989 and will mature
in the amounts set out in Schedule A commencing August 1, 1990
through August l, 2001. Interest would be payable every six
months on August and February of each year, commencing February
l, 1990. We are recommending that the bonds matur ing in the
years 1998-200l be callable as early as August l, 1997 at par.
Th is would permi t the Ci ty to prepay these bonds if future
assessments for this project are prepaid. Since the City will
not receive assessment income until the late summer of 1990, we
have allowed for one year's capitalized interest in the bond
issue.
We have allowed a discount of $60,000 for discount bidding on
this issue. Discount bidding is a means which permits the
underwriter to take part or all of his profit out of the issue
wi thout having to recover the amoun t through bidding higher
coupon rates within the scale of the bond issue. We are
recommending that a rating be sought from Moody's Investor
Service in New York for this issue. The current rating for the
City of Andover for bond issue of this type is Baa-l, We
believe the City Council should authorize the solicitation to
bids at your meeting on May l6, 1989. Bids would be awarded at
the meeting of June 20, 1989. If the award of bids is made on
June 20, 1989, the funds would be available approximately 30
days thereafter.
If any councilmembers have any questions regarding the recommen-
dations, please feel free to contact me.
William G. Hawkins
WGH:mk
o
o
o
SCHEDULE A
Year Amount Year Amount Year Amoun t
15190 $l50,000 1994 $300,000 1998 $300,000
1991 150,000 1995 300,000 1999 300,000
1992 200,000 1996 300,000 2000 300,000
" 1993 300,000 1997 300,000 200l 300,000
SCHEDULE A
Year Amount Year Amoun t Year Amoun t
1~90 $l50 , 000 1994 $300,000 1998 $300,000
1991 150,000 1995 300,000 1999 300,000
1992 200,000 1996 300,000 2000 300,000
.. 1993 300,000 1997 300,000 200l 300,000
o
o
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO. Non-Discussion
DATE
ORIGINATING DEPARTMENT
Admin.
May l6, 1989
ITEM
NO.
Res./B, Hay Sewer
Request
18.
BY:
v. Vo1k
The city Council is requested to adopt the attached resolution
regarding the request of Bruce Hay for sewer service.
This item was on the May 2nd agenda and staff was asked to
prepare the resolution.
V:Attach.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
~
#
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -89
A RESOLUTION DIRECTING THE STAFF OF THE CITY OF ANDOVER TO
PREPARE THE APPLICATION TO THE METROPOLITAN COUNCIL AND THE
METROPOLITAN WASTE CONTROL COMMISSION FOR AN AMENDMENT TO THE
ANDOVER COMPREHENSIVE SEWER PLAN AND AN EXPANSION OF THE
METROPOLITAN URBAN SERVICE AREA LINE.
WHEREAS, the City of Andover has been mandated by the
District Court to provide sewer service to property currently
owned by Bruce Hay in Sections 29 and 30, Township 32, Range 24,
Anoka County, Minnesota, and;
WHEREAS, the property is not currently served by
sewer and water, nor is it within the existing Metropolitan Urban
Service Area (MUSA) line, and
WHEREAS, applications to the Metropolitan Council and the
Metropolitan Waste Control Commission (MWCC) are needed to provide
sewer and water service to the property, and
WHEREAS, the application shall include a request to
serve the property through the Coon Rapids Interceptor rather
than the Anoka CAB Interceptor, as had been proposed, and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Andover to direct City staff to make appropriate
application to both the Metropolitan Council and the Metropolitan
Waste Control Commission for' an amendment to the Andover
Comprehensive Sewer plan and an expansion of the Metropolitan
Urban Service Area (MUSA) line to provide sewer and water services
to the property owned by Bruce Hay in Sections 29 and 30, Township
32, Range 24, Anoka County, Minnesota.
Adopted by the City Council of the City of Andover this 16th day
of May, 1989.
CITY OF ANDOVER
ATTEST:
James E. Elling, Mayor
~ Victoria Volk - City Clerk
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 16, 1989
DATE
ITEM
NO.
Approve Water Rate
Resolution 19.
BY:
James E. Schrant
AGENDA SECTION
NO.
Non-Discussion Items
ORIGINATING DEPARTMENT
Engineering
The City Council is requested to approve the attached resolution
changing the water usage rate effective April 1st from $0.82/1000
gallons to $0.90/1000 gallons.
The City Council authorized the change at the Public utilities
Budget Work Session on March 30, 1989.
Changes are handwritten and circled.
Q
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
CITY OF ANDOVER
COUNTY OF ANORA .
STATE OF MINNESOTA
RES. NO. R015-89
A RESOLUTION SETTING RATES FOR PERMITS, CONNECTION FEES, SERVICES,
AND WATER USAGE PURSUANT TO ORDINANCE NO. 55, SECTION 3 AND
RESOLUTION NO. 101-81.
2.
REFERENCE
1 WATER PERMIT FEES ORDINANCE 55
Service/Connection................$50.00....Section 21/22
Tapping Main......................$15.00....Section 9
Disconnection Requests............$15.00....Section 12
HVAC. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . $15.00. . . . Section 20
underground Sprinklers............$15.00
Re-inspections (ALL)..............$15.00
2 SERVICE CHARGES
Testing
Up to 2" Meters...................$20.00
Up to 3" Meters...................$25.00
Up to 4" Meters...................$30.00
Up to 6" Meters...................$35.00
Violation Penalties
Shut-off (8:00 a.m. - 4:30 p.m.)..$20.00
Shut-off (After Hours)............$30.00
3 WATER METER CHARGES
S/8" Meter........................$115.00
1-1/2" Meter......................$325.00
Special Sizes.....................Cost plus handling
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
SECTION
1.
2.
3.
4 .
5.
6.
SECTION
1.
SECTION
1.
2.
3.
SECTION
1.
2.
SECTION
1.
2.
3.
4 UNIT CONNECTION CHARGES
Residential.......................$990.00
Non-Residential, Per REC..........$495.00/unit or
$4,950.00/A, whichever is
higher
0.'10
+ .~1000
5 WATER USAGE RATES
B~l~ed Quarterly............... ..$5.00
Mlnlmum Per Quarter...............
penalty/Late Payment..............10%
SECTION 6 The rates/charges as shown shall be effectiv p~=
uar 17 e:ff~
'Tl1'e" c.;~ I1sA-tflr JZfi7r C:l'VJ4'fit: :S~( p&'
Adopted by t e City Council at a Reqular Meeting this
of 1~a~ , 1989.
o ATTEST:
irfj2JL / ?T/9!7
day
CN OF ANDOVER
\, 1
~/~: ~-~(k
Victorla Volk - Clty Clerk
James E. E lng
J
U
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION SETTING RATES FOR PERMITS, CONNECTION FEES, SERVICES, AND
WATER USAGE PURSUANT TO ORDINANCE NO. 55, SECTION 3 AND RESOLUTION NO.
101-81.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
SECTION
1.
2.
3.
4.
5.
6.
SECTION
1.
SECTION
1.
2.
3.
SECTION
1.
2.
SECTION
1.
2.
3.
REFERENCE
1 WATER PERMIT FEES ORDINANCE 55
Service/Connection................$50.00....Section 21/22
Tapping Main......................$15.00....Section 9
Disconnection Requests............$15.00....Section 12
HVAC............................. .$15.00... .Section 20
Underground Sprinklers............$15.00
Re-inspections (ALL)..............$15.00
2 SERVICE CHARGES
Testing
Up to 2" Meters...................$20.00
Up to 3" Meters...................$25.00
Up to 4" Meters...................$30.00
Up to 6" Meters...................$35.00
2.
Violation Penalties
Shut-off (8:00 a.m. - 4:30 p.m.)..$20.00
Shut-off (After hours)............$30.00
3 WATER METER CHARGES
5/8" Meter...................... .$115.00
1-1/2" Meter.....................$325.00
Special Sizes....................Cost plus
handling
4 UNIT CONNECTION CHARGES
Residential......................$990.00
Non-Residential, Per REC.........$495.00/unit
$4,950.00/A,
is higher
or
whichever
5 WATER USAGE RATES
Billed Quarterly...................$5.00 +
Minimum Per Quarter................$7.00
Penalty/Late Payment...............10%
.90/1000 gallons
SECTION 6 The rates/charges as shown shall be effective January 1,
1989. The water usage rate change shall be effective
April 1, 1989.
Meeting this
day of
Adopted by the City Council at a
, 1989.
o
ATTEST:
CITY OF ANDOVER
James E. Elling - Mayor
victoria Volk - City Clerk