HomeMy WebLinkAboutCPU August 15, 1989
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CITY of ANDOVER
TABLE OF CONTENTS
ANDOVER COMPREHENSIVE PLAN AMENDMENT
Section 1.
General Information
(White paper)
(Blue paper)
Section 2.
Attachments
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A. Existing Sewer System
B. On-Site Septic Systems
C. Lot Availability Information
D. Sewer staging Plan
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E. Projected Land Use Map (1982)
F. Existing Land Use (1988)
G. Soil suitability Map
H. City On-Site septic System Maintenance
Information
Section 3.
Appendices
(Green Paper)
A. 1988 Minnesota Court of Appeals Ruling
B. Flow Projections
C. Public Hearing Notifications
D. Written Comments
E. Public Hearing Minutes
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CITY of ANDOVER
INFORMATION SUBMISSION FOR
MAJOR COMPREHENSIVE PLAN AMENDMENTS
I. GENERAL INFORMATION
A. Sponsoring governmental unit: City of Andover
Name of local contact person: Jay Blake, City Planner
Address: 1685 NW Crosstown Boulevard, Andover, MN 55304
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Telephone: (612) 755-5100
B.
Name of amendment: 1989 Andover Compo plan Amendment
Description/Summary: The City of Andover is proposing to
add approximately eighty (80) acres to its Urban Service
Area to allow for the construction of a Manufactured Home
park on property in Sections 29 and 30. The proposed
park will have approximately 220 units. This amendment
is being made as a result of multiple court actions
against the City of Andover.
The proposed development is currently located within the
CAB Interceptor Area. However, the land owner is
requesting that the property be added to the Coon Rapids
Interceptor for immediate sewer service availability.
The City, as directed by the Minnesota Court of Appeals,
is asking that a temporary change of interceptor area be
approved. The sewer system design could include the
ability to connect to the CAB interceptor when the CAB
becomes available. The City will require that the
developer remove the temporary line when the CAB becomes
available.
C. Please attach the following:
1. a copy of the proposed amendment
2. a city-wide map showing the location of the proposed
change, if the amendment triggers a map change
3. the current plan map(s) indicating the area(s)
affected, if the amendment triggers a map change
4. the proposed plan map(s) indicating the area(s)
affected, if the amendment triggers a map change
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Andover Compo Plan
Amendment
D. What is the official local status of the plan amendment?
(Check one or more as appropriate.)
Acted upon by planning commission
(if applicable) on June 27, 1989 (minutes enclosed).
X Approved by governing body, contingent upon
Metropolitan Council review, on
Considered but not approved by governing' body
on
other
E. Indicate what adjacent local governmental units affected
by the change have been sent copies of the plan amendment
and the date(s) copies were sent to them. Notification of
affected adjacent governmental units is required for major
plan amendments.
City of Ramsey
City of Anoka
Oak Grove Township
City of Coon Rapids
City of Ham Lake
Because of the comprehensive nature of most major plan amendments,
a summary checklist is more useful to ensure that the amendment is
complete for Council review and to determine whether the proposed
amendment is consistent with the metropolitan systems plans or
other chapters of the Metropolitan Development Guide. Please
indicate whether the amendment affects the following factors.
Where it does, the materials submitted must fully address the
issue(s).
II. IMPACT ON REGIONAL SYSTEMS
A. Sewers
1. Change in city's year 2000 flow projections.
No/Not Applicable.
--X Yes.
2. Community discharges to more than one metropolitan
interceptor.
--X
NO/Not Applicable.
Yes. Indicate which
by the amendment.
interceptor will be affected
Coon Rapids and CAB Interceptors (see enclosed maps).
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Page 3
Andover Compo Plan
Amendment
B. Transportation
1. Relationship to Council policies regarding
metropolitan highways.
x No/Not Applicable.
Yes.
2. Change in type and intensity of land uses at
interchanges and other locations within a quarter-
mile of the metropolitan highway system.
x No/Not Applicable.
Yes.
The proposed manufactured home park is located
approximately 2 1/2 miles north of u.s. Highway 10 on
Anoka County Road 7.
3. Impact on existing trip generation rates.
x No/Not Applicable.
Yes.
4. Capacity of road network to accommodate planned land
use(s).
No/Not Applicable.
-X- Yes.
The proposed park would add approximately 2,000 trips
per day to Anoka County Road 7.
5. Impact on transit and parking strategies.
x No/Not Applicable.
Yes.
C. Aviation
1. Impact on regional airspace.
x No/Not Applicable.
Yes.
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Andover Compo Plan
Amendment
2. Impact on airport search area.
X No/Not Applicable.
Yes.
3. Consistency with guidelines for land use
compatability with aircraft noise.
~ No/Not Applicable.
Yes.
4. Consistency with the long-term comprehensive plan for
an airport in the vicinity of the community or
proposed development.
X No/Not Applicable.
Yes.
D. Recreation Open Space
1. Impact on existing or future federal, state or
regional recreational facilities.
X No/Not Applicable.
Yes.
III. IMPACT ON METROPOLITAN DEVELOPMENT AND INVESTMENT FRAMEWORK
A. Land Use
1. Describe the following as appropriate:
a. Size of affected area in acres
60 acres
b. Existing land use(s)
C. Proposed land use(s)
Open Space (Undeveloped)
Manufactured Home Park
d. Number of residential dwelling units involved
221 units allowed per Subdivision and Zoning
Ordinances
e. Proposed density
3.7 units per acre
f. Proposed square footage of commercial, industrial
or public buildings None
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Andover Compo Plan
Amendment
B. Change in the city's population, household or employment
forecasts for 2000, or any additional local staging
contained in the original plan.
No/Not Applicable.
-X- Yes.
The proposed land was not included within the
existing Urban Service Area. Due to a ruling by the
Minnesota Court of Appeals, the City is requesting to
bring the property within the MUSA boundary.
Unless sewer and water were made available to the
property, the existing zoning would allow 1 unit per
2.5 acres. Although the City's Comprehensive plan
zones this property residential, the MUSA boundary
change would result in a higher residential density.
C. Change in the urban service area boundary of the
community.
x
No/Not Applicable.
Yes.
See enclosed maps.
D. Change in the timing and staging of development within the
urban service area.
No/Not Applicable.
-X- Yes.
The subject property was scheduled to be served by
the Anoka, Champlin, Brooklyn Park Interceptor upon
completion of the line across the Rum River (1991-
92). The proposed amendment switches the property
from the CAB Interceptor to the Coon Rapids
Interceptor.
According to estimates from the landowner's
engineering firm and the City's consulting
engineering firm, the Coon Rapids Interceptor has
sufficient capacity to serve this property (see
enclosed flow data).
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Page 6
Andover Compo Plan
Amendment
IV. IMPACT ON HOUSING
A. Impact on the supply and affordability of housing types
necessary to serve persons at different stages in the life
cycle.
x No/Not Applicable.
Yes.
B. Impact on the supply and affordability of housing types
necessary to serve persons at varying income levels.
No/Not Applicable.
-X- Yes.
C. Impact on the community's numerical objectives for low-
and moderate-income, modest-cost market rate, and middle-
and upper-income housing units.
x No/Not Applicable.
Yes.
V. IMPLEMENTATION PROGRAM
A. Change in zoning, subdivision, on-site sewer ordinances or
other official controls.
x No/Not Applicable.
Yes.
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1.
2.
3.
4.
5.
6.
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7.
8.
9.
10.
APPENDIX A
CHECKLIST FOR DETERMINING COMPLETENESS OF
MAJOR COMPREHENSIVE PLAN AMENDMENTS: SEWERS
Map indicating location, type and capacity of existing
and proposed metropolitan sewer facilities, if any, and
local connections to these facilities.
Map of existing and/or proposed municipal wastewater
treatment facilities.
Map of areas of existing on-site disposal systems and
estimated number of on-site systems.
Map of existing and/or proposed sewer facilities being
used jointly with another community, if any, including
area or service, number of connections and service flow
volume.
Discussion of need, capacity, timing, costs, etc. of
future municipal wastewater treatment facilities.
Existing and projected (2000) sewered households and/or
housing units and employment by interceptor service area,
if more than one.
Existing and projected (2000) sewer flows by interceptor
service area, if more than one.
Proposed areas, timing and staging plan for local sewer
service to 2000.
Existing and proposed land use maps and projected flows
by land use.
Map showing private wastewater treatment systems (other
than single-family residential on-site systems),
indicating which ones, if any, are to be connected to
municipal systems and when.
11. Map indicating suitability of land for on-site systems.
12. Description and location of existing sewerage problems
(e.g. sewer system capacity limitations, failing on-site
systems, and inflow and infiltration).
13. Standards and implementation program for installation and
management of on-site disposal systems and licensing of
installers, pumpers and haulers.
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INFORMATION SUBMISSION FOR
MAJOR COMPREHENSIVE PLAN AMENDMENTS
CHECKLIST FOR DETERMINING COMPLETENESS OF
MAJOR COMPREHENSIVE PLAN AMENDMENTS: SEWERS
1.
Map indicating location, type and capacity of existing
and proposed metropolitan sewer facilities, if any, and
local connections to these facilities.
Currently there are no existing or proposed metropolitan sewer
facilities with the City of Andover. The Coon Rapids Interceptor
extends to the southern border at Crooked Lake Boulevard (AnoRa
County Road 18).
portions of the Champlin, Anoka, Brooklyn Park Interceptor (CAB
Interceptor) are scheduled for completion in 1991. To date, no
property within Andover is served by this interceptor, although
the western one-sixth of the City would eventually be served by
thi s line.
The City most recently outlined the sewer program in 1987.
Attachment A is a copy of the study completed by Toltz, King,
Duvall, Anderson and Associates. Exhibits B, C and D outline the
capacity within the Coon Rapids Interceptor.
Several new developments have been completed within the sewer
area, including:
WEST OF CROOKED LAKE BOULEVARD
AREAS 1, 2A, 2B
No new subdivisions
AREA 3
Woodland Creek 1st and 2nd Additions
AREAS 4A, 48, 4C, 5, 6
No new subdivisions
EAST OF CROOKED LAKE BOULEVARD
AREA 1
No new subdivisions
AREA 2
Hills of Bunker Lake 1st, 2nd and 3rd Additions
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Page 2
Attachments
New Subdivisions Continued.
AREA 3
No new subdivisions
AREA 4
Oak Bluff 2nd Addition
Old Colony Estates
Winslow Hills
AREAS 5 AND 6
No new subdivisions
AREA 7
Kensington Estates
Kensington Estates 2nd Addition
Kensington Estates 3rd Addition
The Oaks
Shady Knoll Addition
Woodridge Acres
AREA 8
No new subdivisions
AREA 9,
Creekhaven Estates
AREAS 12 AND 13
No new subdivisions
AREA 14
Red Oaks Manor 5th Addition
Red Oaks Manor 6th Addition
AREA 15
Bent Creek Estates
Hidden Creek East
Design information on these subdivisions is included in this
packet.
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Attachments
2. . Map of existing and/or proposed municipal wastewater
--- treatment facilities.
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There are no existing or proposed municipal wastewater treatment
facilities within the City of Andover.
3. Map of areas of existing on-site disposal systems and
--- estimated number of on-site systems.
Attachment B indicates the areas served by on-site septic systems.
The Andover Building Department estimates the number of existing
on-site systems to be 2,432.
Several auto salvage businesses located in the Industrial District
have on-site septic systems. The City is currently investigating
sewer and water extensions to these properties. .
4.
Map of existing and/or proposed sewer facilities being
used jointly with another community, if any, including
area or service, nu~ber of connections and service flow
volume.
There are no existing or proposed sewer facilities used jointly
with another community.
Discussion of need, capacity, timing, costs, etc. of
future municipal wastewater treatment facilities.
There are no plans for wastewater treatment facilities within the
City of Andover.
5.
6.
Existing and projected (2000) sewered households and/or
housing units and employment by interceptor service area,
if more than one.
Both the Metropolitan Council and City of Andover have projected
populations for 1990 and the year 2000. Actual figures indicate a
steady population growth through the latter half of the 1980s.
Chart 1. population
1980 Census
1990
2000
Metropolitan Council
9,387
13,000
15,000
14,000
17,000
City of Andover
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Attachments
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Chart 2. Households
Andover
1970
888
1980
1990
2000
2,469
4,400
5,300
Chart 3. Employment
Andover
1970
240
1980
400
1990
500
2000
600
The number of new homes constructed in the City has increased
dramatically and leveled off in the last four years.
Chart 4. Housing starts
Year # of Permits
1986 289
0 1987 381
1988 356
1989 130 (through May 1989)
The Building Department estimates that 75 percent of new homes
constructed in Andover are built in the Urban Service Area.
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Attachment C outlines the number of vacant lots located within the
Urban Service Area as of December 1988. with slightly more than
200 lots built on annually in the Urban Area, there is roughly a
three to four year supply of urban lots available.
The CAB interceptor does not serve any property within Andover.
This interceptor is expected to serve approximately 1200 units by
the year 2000, or roughly 4,092 residents. This figure is based
on 480 acres at 2.5 units per acre.
The Coon Rapids interceptor currently serves 1,849 units. Using
the Metropolitan Council estimate of 3.41 people per household,
6,305 resident's are served by this interceptor.
The proposed manufactured home park is located within the CAB
Interceptor Area.
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Page 5
Attachments
7. Existing and projected (2000) sewer flows by interceptor
--- service area, if more than one.
The following chart indicates the existing and projected flows by
interceptor service area:
Chart 5. Flow Projections.
Interceptor
Area
Existing
Flows
projected
Flows
Coon Rapids
150 Million Gallons*
195 Million Gallons*
CAB
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(See Appendix B for flow
projections from
property)
* 1988 Figures from MWCC
~ Based on 30 percent increase in the number of cohnections
8. Proposed areas, timing and staging plan for local sewer
--- service to 2000.
Attachment D designates the proposed staging for property to the
year 2000.
9.
Existing and proposed land use maps and projected flows
by land use.
The most recent Comprehensive Land Use Map was completed in 1982
in the Andover Comprehensive Plan and Development Framework.
Si9nificant changes in the Urban Service Area, Transportation and
Housing elements of the Plan can be noted. Attachment E is the
Projected Land Use map. Attachment F is the existing Land Use map
taken from air photos and current housing subdivision plats, etc.
10. Map showing private wastewater treatment systems (other
than single-family residential on-site systems),
indicating which ones, if any, are to be connected to
municipal systems and when.
There are no private wastewater treatment systems located in
Andover that will be added to the municipal systems.
11. ___ Map indicating suitability of land for on-site systems.
Attachment G indicates appropriate soils for on-site septic
systems.
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Attachments
12. Description and location of existing sewerage problems
(e.g. sewer system capacity limitations, failing on-site
systems, and inflow and infiltration).
The city of Andover has not experienced significant problems with
sewer system capacity limitations, failing on-site septic systems
or with inflow and infiltration.
13. Standards and implementation program for installation and
management of on-site disposal systems and licensing of
installers, pumpers and haulers.
city Ordinance 37 and amendments are included in Attachment H.
Also, a copy of the Building Department's on-site septic system
maintenance program is included for review purposes. The city of
Andover has taken an active role in monitoring on site septic
systems within the City.
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ATTACHMENT A
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TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
ENGINEERS-ARCHiTECTS-PLANNERS
SAINT PAUL, MINNESOTA
JANUARY 30, 1987
REV I SED: MAY 19, 1987
JUNE 22, 1987
REVISIONS TO ANDOVER'S COMPREHENSIVE SANITARY SEWER PLAN .
OF ANDOVER'S COMPREHENSiVE PLAN
ANDOVER, MINNESOTA
COMMISSION NO. 874~
I hereby certify that thIs report was prepared by me or under my direct
supervision and that I am a duly registered Professional Engineer under the
laws of the State of Minnesota.
,.-,;-,,- .
John L. Davidson, P.E.
Registration No. 8480
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8748-01
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1. Scope
2. Study Area
3. HIstory
0 4. Procedure
5. DesIgn CriterIa
6. ConclusIons
7. FeasIbIlIty
8. Cost EstImates
9. RecommendatIons
A. Study Area
B. PeakIng Factor Curve
. C. Design Summary
D. ServIce Area
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TABLE OF CONTENTS
EXH IB ITS
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REVISIONS TO THE COMPREHENSIVE PLAN FOR
TRUNK SANITARY SEWER IMPROVEMENTS
ANDOVER. MINNESOTA
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The City Council of Andover has directed that the master plan be updated to
add area to accommodate the projected residentIal development. It Is the
Intent of the City of Andover to utilize the maximum hydraulic capacity of
the existing sewer system wIthout usIng 11ft statIons.
Study Area
The study area shown on the attached map (ExhIbIt Al was determIned by
usIng the soIls map from the Andover ComprehensIve Plan, elevatIons from
the U.S. GeologIcal Survey quadrangle maps and the Mark Hurd contour maps.
The study area correlates closely wIth the origInal SAC boundary for the
Coon RapIds Interceptor.
The study area also correlates wIth the natural drainage basin of Coon
Creek.
HW.oo:
The 36-lnch Interceptor lIne located on Crooked lake Boulevard at the Coon
RapIds-Andover boundary was constructed In 1975 at a depth varyIng from 20
to 32 feet. The 36-lnch Interceptor was extended to Bunker lake Boulevard.
A 24-lnch Interceptor was extended east and west of Crooked lake Boulevard
to provIde servIce for the anticIpated growth In these areas. .
The 24-lnch Interceptor line was extended to the north from Bunker lake
Boulevard to servIce the Northwoods, Red Oaks Manor, and SmIth's Green
Acres.
An 18-lnch Interceptor lIne was extended to the east along Bunker lake
Boulevard to provIde service to the developIng areas. A contract was
prepared and bIds receIved In 1986 to extend thIs line further east to the
Anoka County HIghway Shop. The bIds receIved were 30% over the engIneer's
estimate and were rejected. The CIty of Andover elected to revIse the
comprehensIve sewer plan and extend the Interceptor lIne along Coon Creek
at a much shal lower depth than the proposed Interceptor lIne along Bunker
lake Boulevard.
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8748-01
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Procedure
The Mark Hurd contour maps were used to determine areas that are suitable for
development and areas that are not suitable for development because of
surface water problems. The SCS soils maps for Anoka County were also used
to determine areas that are not developable because of poor soils.
Those areas that are platted with large lots for septic tank systems (Rol ling
Oaks and Evergreen Estates) were excluded from the proposed service area.
Bunker HII Is Memorial Park and the areas shown on the map designated as
agricultural preserve were also deleted from the service area.
A portion of Watts Garden Acres was also excluded from the service area
because It Is more practical to divert the flow Into the Coon Rapids system.
Design Criteria
The fol lowing design criteria were used for this report:
Density - 2.1 units per developable acre.
Flow - 240 gal Ions per day per unit. This Is based on 1986 flow
records.
Peaking Factor - See Exhibit "B".
~oncluslons
The existing sewer system can be extended to service the area shown on
Exhibit "0".
The capacity of the 24-lnch RCP sewer located on Bunker lake Boulevard from
Crosstown Boulevard to Crooked lake Boulevard may be exceeded In the future*
and It may be necessary to Increase the capacity of this pipe at a future
date.
If future land use creates a demand for sewer service beyond the area
outlined In Exhibit "0", It may be necessary to divert a portion of the flow
from the 24-lnch line to the 18-lnch line by using a 11ft station and
forcemaln.
f eas I b II I ty
The proposed project Is feasible.
* If the service area Is expanded beyond the currently shown gravity service
area.
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8748-01
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,0 EXHIBIT C - DESIGN SUMMARY
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COMPREHENSIVE SANITARY SEWER PLAN UPDATE
ANDOVER, MINNESOTA
COMMISSION NO. 8748
TABLE 1
FlOWS IN 24-INCH TRUNK Fk~T OF CROOKED LAKE BOULEVARD
Average
Cumu- Dally Peak
la- Total Total PIpe
tlve Flow Peak Flow Capacl ty
Area Description Number Conn Conn CFS Factor CFS CFS
East Area CIty 513 513 0.19 3.56 0.67 *
LImits
to 1
2 Hills of 1 - 2 632 1145 0.42 3.36 1.42 6.6
Bunker Lake
0 3 Northeast 2 - 3 1071 2216 0.82 3.02 2.47 6.6
4 School, 3 - 4 935 3151 1.16 2.80 3.26 6.6
WInslow Hills
5 Santa's 4 - 5 417 3568 1.32 2.69 3.55 6.6
Tree Farm
6 Nightingale 5 - 6 594 4162 1.54 2.57 3.95 6.6
Estates,etc.
7 KensIngton 6 - 7 320 4482 1.66 2.51 4.16 6.6
Estates, etc.
8 Red Oaks. 7 - 8 321 4803 1.78 2.46 4.37 6.6
Manor
9 Northwoods 8 - 9 236 5039 1.86 2.42 4.51 6.6
12-
15 nable 2) 982 6071 2.24 2.26 5.07 6.6
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EXHIBIT C - DESIGN SUMMARY
COMPREHENSIVE SANITARY SEWER PLAN UPDATE
ANDOVER, MINNESOTA
COMMISSION NO. 8748
TABLE 2
FLOW IN 18-INCH TRUNK ALONG BUNKER LAKE BOULEVARD
EAST OF CROOKED LAKE BOULEVARD
Average
Cumu- Dally Peak
Ill- Total Total Pipe
tlve Flow Peak Flow Capacity
Area Description Number Conn Conn CFS Factor CFS CFS
12 Red Oaks East End-12 227 22:7 0.08 3.84 0.32 2.5
13 Watts Garden 12-13 184 411 0.15 3.67 0.56 2.5
Acres
14 Menkveld, 13-14 190 601 0.22 3.54 0.79 3.6
Comm. Park
0 15 Hidden Creek 14-15 381 982 0.36 3.36 1.22 3.6
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5 Crooked Lake 36" Trunk 125 1486 0.55 3.2 1.76
Boulevard
Area East of 6071 7557
Crooked Lake
Boulevard
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TOTAL CITY FLOW (36" TRUNK) 2.80 2.1 5.88 18.6
Revised 6-19-87
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AREAS WITHIN CURRENT MUSA BOUNDARY (200,0)
DECEMBER 3i, 1988
AME OF ADDITION
YEAR
PLATTED
uditor's Sub No, 137
uditor's Sub No, 82
ent Creek Estates
randon's Lakeview Estates
hapman's 1st Addition
hapman's 2nd Addition
hapman's 3rd Addition
hapman's 4th Addition
hapman's 5th Addition
hapman's 6th Addition
reekhaven
reek ridge Estates
'reekside Estates
unningham Addition
reen Acres
lartfiel's Estates
lidden Creek 1st Addition
idden Creek 2nd Addition
Iidden Creek 3rd Addition
idden Creek East 1st Addition
ills of Bunker Lake 1st Addition
il:),S of Bunker Lake 2nd Addition
Ii of Bunker Lake 3rd Addition
Ka c 2nd Addition
Kensington Estates 1st Addition
Kensington Estates 2nd Addition
Kensington Estates 3rd Addition
Lakeview Terrace Area
Meadowcreek EstateS Area
Northglen & Northglen 3rd Addition
Northglen 2nd Addition
Northglen 2nd Addition
Northglen 4th Addition
Northglen 5th Addition
Northwoods Addition & plat 2
Oak Bluff 1st Addition
Oak Bluff 2nd Addition
Old Colony Estates 1st Addition
Quickstrom Addition
Red Oaks Manor 1st Addition
Red Oaks Manor 2nd Addition
Red Oaks Manor 3rd Addition
Red Oaks Manor 4th Addition
Red Oaks Manor 5th Addition
Rosella's Addition
Shady Knoll
Shirley's Estates
Smith's Green Acres
1962
1970
1988
1988
1962
1965
1966
1968
1971
1972
1988
1986
1987
1985
1980
1971
1986
1986
1986
1988
1987
1987
1988
1979
1987
1987
1988
1980
1980
1980
1983
1983
1983
1985
1980
1986
1988
1988
1966
1965
1967
1967
1969
1988
1983
1971
1983
1986
o
TOTAL
LOTS
45
91
8
4
10
10
10
10
15
11
26
61
6
9
83
58
46
62
63
47
149
64
79
19
76
32
39
,98
95
113
38
75
36
36
107
25
74
55
33
23
16
25
119
50
25
20
6
15
VACANT
LOTS
3
6
8
1
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2
23
4
5
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31
6
12
39
41
61
56
65
4
56
27
39
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4
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70
55
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42
6
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BUILT
ON
42
85
o
3
10
10
10
10
14
9
3
57
1
9
81
27
40
50
24
6
88
8
14
15
20
5
o
95
91
113
38
71
34
36
103
17
4
o
33
22
16
25
119
8
19
20
6
12
usa Boundary
aOp. 2
hQaks 1975 9 3 6
eises Addition 1964 5 1 4
inslow Hills 1988 80 66 14
oodland Creek 1st Addition 1988 87 86 1
oodland Creek 2nd Addition 1988 46 46 0
oodland Terrace 1st Addi tion 1985 77 10 67
oodland Terrace 2nd Addi tion 1986 10 6 4
oodland Terrace 3rd Addi tion 1986 7 1 6
oodland Terrace 4th Addi tion Page 1 1986 62 9 53
oodland Terrace 4th Addition Page 2 1986 24 6 18
woodland Terrace 5th Addition 1986 7 2 5
woodridge Acres 1986 17 0 17
Sub Total 2648 930 1718
Others (See Following Sheet)
TOTAL BUILT
OTHERS LOTS VACANT ON
Section 27 32 3 29
Section 28 0 0 0
section 29 41 6 35
Section 32 28 1 27
J:ton 33 59 7 52
160 17 143
TO
APPROVED PRELIMINARY PLATS
TOTAL
LOTS
TOTAL
116
60
65
85
29
91
446
Hidden Creek East phase II
Hills of Bunker Lake Phase IV
Kensington Estates phase IV
Old Colony Estates
Red Oaks Manor 6th Addition
Woodland Creek Phase II
SKETCH PLANS
APPROX,
Harstad Properties
171
171
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ATTACHMENT F
o
CITY OF ANOOVIUt
COUNTY OF AMOKA
STATE OF MINNESOTA
OR CINANC'f: NO. J1
0: AN ORDINANCE REGULATING THE IH.
. TAlLATION, CONST~UCTION, ALTERATION.
EXTENSION. REPAIR ANOMAINTENANCE OF
INOIV,IDUAL SEWAGE DISPOSAL SYSTEMS:
RECUIRING PERMITS FOR AND LiCeNSING OF
PE~SONS ENGAGED IN THE CONSTRUCTION
AND SERVtCING THEREOF: PROVIDING FOR
THE INSPECTION OF SUCH SYSTEMS. AND THE
ABATEMENT OF NUISANCES: PROVIDING FOR
THE INSPECTION OF PRIVATE WATER
SYSTEMS. AND PRESCRIBING PEN"'L TIES FOR
VIOLATIONS THEREOF: IN THE CITY OF AN.
DOVER. COUNTY OF ANOKA. STATE OF MIN.
NESOTA.
eE IT ORDAINED AND EN.ACTED BY THE
COUNCIL OF THE CITY OF ANOOVER, STATE
OF MINNESOTA AS FOLLOWS:
SECTION I . DEFINITIONS
Unl~s the conted sPe<:iflC8Uy IndiCllte-s oth<<.
wise. Ih~ munino of terms us.ed in this ordinance
shall be as follCl'Ns:
A. Spptic Tank.Soll Absorption System. A Septic
Tank.Soil Absorption system Is an on.slte waste
disposal system Ihat consists of a srplic tank to hold
nwage long enough 10 l!IlIow digestion of the oroanlc
wastu. and a soil ab~rp'ion field of seepaoe Iren.
ches lor disposal of the sewage affluenl by per.
colation through the soli.
B. Sewage. Any water.carried domestic waste.
e)(clusive of footing and roof drainage. 01 any
r~sidence. ir\dustry or commercial ~labli~hment,
whether treated or untreated. and includ~ the liquid
w...sl~s produced by bathing. laundry and culinary
operations. l!Ind from toilets and floor drains. Raw
s~wage which has not beMsubjected to l!Iny Ireat.
ment proceSS.
C. Permeable Soli. Any soil which has been found
to be suitable for use as a soil "'bsorption field at:.
cording to slope and waler lablecriteria as described
in this Ordinance and h"s a p~rcolallon rate between
': and 60 minules per inch.
O. Conlamlnation. The acl ot polluting or making
impure. used here to indicate bacteriological or
chemical impurities. including nitrales.
E. Individual Sewage Disposal Systems. A sewlloe
disposal system other than a public or community
syslem which receives sewage from an Individual
~s'"blishme-n'- Unless otherwise indicat~. Ihe word
"system" as it appears in this Ordinance means
"individual sew39t' disposal system".
F. BuildinO Sewer. The building sewer is th3t p.1rt
of the hOrizonlal portion of the- building drl!linaoe
S'l'stt'm extending from the- building drain to Us
connection with the septic tank. and carrying the
sewaoe of but one building.
G. "Building drain" shall mran that part of the
lowest horizontal piping 01 a draiMOesystem which
receives the discharge Irom soil waste, and other
drainaQe p;pes inside the walls of the building l!Ind
conveys it 10 the building sewer.
H. "Building Officla'" Shall mean the Svperln.
tendent of wastewater facilities In the City d An.
dovet' or hiS authorlJ:ed repres.ent.tlve.
I. "Person" Shall mCl!In any indivkluaf, firm,
company, association. sod~v. corpora lion. or
group.
J. "Shalf" is mandatory; .'MlJy" is permiuive.
K. "CHy" shall m~lIn City of Andover.
SECTION 2 . GENERAL PROVISIONS
A. Construclion Requirements.
All individual s~waQ~ disposal systems installed
subse-quent to Ihe adoption of this Ordinance and aU
altera1ionS. extensions and repairs to Individual
s~wage diSPOSAl systems Irr~SPf!'Ctive 01 the date of
oriqinlll inslallation shall ~ rf'oulated In accordance
wilh III II or the r~Quirem~nhor this Ordinance. Where
therf' is ~vidtnce ot septic. tank ellluent percolallng
'rom the ground. contaminating ground water or
surfacf' watfr 0Jr causinQ Odors. thai are a nulSlllnce.
the system must be corrected and conform to the
. . ------;:t"nderOS WIThin !fIe r~qulren'nll~ UI ~ll:~IIUI1 .1<.. MU'.
] of !hiS Ordinance.
Ce. Generat Rt"Quirements.
. Location and Instllllal;e., of the IndivIdual
agle disp(')ul system and if!ach part there-of shoen
bt' such thai. with rf'lIsonable maintenance, " will
hmction in a sanill,ry mann~ and wl1l not create a
nUI!.lInce nor endanger the ~fetr of any domMtlC
water suppty. In de-1trmininQ' a sull8ble loca'jon for
Ih~ 'Ystem. consideralion shan be given to the sl,.
oIlnd \h,.pe 01 the lot. slope of natural and finished
o~...de. soil pe-rmf'lIbillty. de1)1h of ground wl!Iter.
ve-olOOY. proKlmlly to eKhtlnv or fulure walei"
~uppfl",. acceulblllly for maln!enflnce and pos~lb!.
eKpanslon of the sysfem.
2. No part of the syslem shalt be> localed 10 thai"
Is nearer to any wat~ supply than outlined
herrlnaller, or SO that surface dralnagr from III
locflllon may rrach any dom~St1c water supply or
surface body of waf"".
:to Raw StwllQt, uptlc IlInk effluenl. or srepage
'rom a soli absorption syslem shall not be' dltcharved
to the ground sud ace, IIbandoned wells. or bodies of
surface- water. or inlo any rock formation. the
structure of which is not conducive to purlnCl!ltlon of
water by fIItrl!ltion. or Into anv well or othe-r ex.
cavalion In the ground which does not comply with
the requirements of thl. Ordinance. Thl,
requirement shall not apply 10 the disposal of sewaoe
tn accordance with a proc~S approvf!od by Ihe Stat.
Board of Health or t"e State pollution Control
Agencv.
... The lot she shall be sufficient to permit In.
stallation of the Individual sewag~dhpo$.l!ll system In
accordance with l!IlI the requirements pertaining
thereto l!Ind shall be in compliance wllh the CUy of
Andover Subdivision and Zoning Ordlnanct'S.
S. lnslalll!ltions 01 individual sewbge disposal
systems shall not be made In low swampy areas,
areas which may be subject to flooding Of" areas
where the permanent or seasonal hlgh.waler table Is
closer Ihl!ln six and one.hall (4'/,) feet to the ground
surface or l!Ir~as desionated as flood plain or
wetlands. Areas that are wetland. Jaw swamp or
have wetlands veQetation growing on It shalf be
considered unsuitable.
4. The system or systemS shall bedesi9ned to
receive all sewage from the. dwelllno. building or
other ~tablishment served. inCluding Il!Iundry waste
and basement floor drainage. FootinQ or roof
drainage shall not enler any part of the system.
Where the construction of additional bedrooms. fhe
installalion 0' mec.hanical equipment. or other
laclors likely to affect 'he ope-ration of Ihe system
c;,n ~ re<'lSonably anl;Cip"ted, the installl!ltion of a
system adequate tor SUCh anlicipated need shall ~
required.
. 7. The system s"i'lll consist 0' a building sewer. a
septic t.Jnk.. and a soil ..,h"'orfltion unit. The soil ab.
sorption unit shall con..i~t of a sub.surface disposal
field. All sew~ge shall be trtated (digestedl in the
septic tank and the septic tank drain tield (soli "b.
sorption tield) syslem shall be cOn!idere-d Ihe only
acceptable system for installl!ltion unl~s it can be
demonstraled that this system is not feasible on the
particular lot in question and if It can be demon.
strated that the system being proposed itS an
itlternale will not create a pollution prOblem.
a. Soil absorption systemS tor the disposl!ll of
sewage waste shall nof be installed on land where the
slope e;l(cetds twetvf' (12) percent.
C. Sewer Conslruction.
1. Any buried or conCealed portion Of the building
sewer. or building drain or branch therl!'of serving
any establishmenl shall be localed in compliance
with the State Water Well Construction Code. The
.buried or concealed portions of any building sewer.
buildinq drain or branches thereof must be not less
than filly (SO) feet from a prlvale well supply. If the
building sewer is constructed of heavy cas' iron piJ)4!
with wllter-light joints and air tested or other
pressure pipe accept<'lble to the Departm~"t of
Ueallh. then the distllnce may be r~duced to tw~nly
(71)1 feef. tn IIny case where the e)(lstinO private well
d~plh is less 'han fifty (SO) teet the above
reQuirements shall become doublN. The air tt'St
shall be mi'lde by att;,ching an lIir compressor or test
aflparalus 10 a suilable opening and closing l!IlI olher
inlets and outlets to the sewer and.or dra in under test
by m~l'lns of propet' testing plV9S. Air shalt be
forcf!"d into 'he system unlll there Is . uniform
pressure 01 five (5) poundS per squan!' inch in the
section being t~tf!'d. The system shall be considered
sallstllctortly air I"t~ if the pressure therein
remains const,,", tor filleen (15) minut" without the
addition of air. The Building Official or other
qua1ifif!'d agent duignatf!'d by the- Cfly shall observe
~sl.-T~SheH~ff,pe"3.~lr 'Of' f'l8tif, .no-
the City and arranginv the t~t.
2. The portions of any buriN $ewer more than fifty
(SOJ teet from. well or buried suction line shall be of
adequate SilE' and construction of ustiron. vitrified.
clav. cement.asbestos. (onere-Ie or other pipe:
materia' IIcceptllble in the Uniform Building Code.
Clay pi~ and clay pipe fit1ings shan conform 10
A.S. T .M. sptcilicl!ltions for st"ndard strength or
ex'r" slr:enoth ~ll!IY pi~ ,find cia., pipe fittings. No
building drain or building sewer shl!ll1 be less than
four (A) incheS in diameter
3. TM space betwe~ the bell and sploof of
vltrtll~.c1aypl~~h.1I be packrd with OllIkum. hemp
or lule << otherwlM prepared so .. to larm a con.
(I:ntrlt; opening uniform In width around the pipe.
which openlf\O shan be tilled with portland cemenl
mortar or other acceptable Hwer.lolnt compound. I
Poured lolnt. .r. recommended. Where cement
lolnts are used th~y shall be caretully polntfd on the
oulslde and left smooth on the inside by drawlno
through them. swab or scraper. Construcllon of the
line shall be' such as to secure water.tlght and roof.
lightlolnts. fre. of obstrudlons. llIOd shall provide.
grade of not Ins Ihan '.... Inch per Joot. The ten (10)
feet of sewer Immediately precf'ding Ihe stptlc tank
shall not slope mort than If.. Inch per fool. No bulldlno
sewer shall be laid parellt'( to and wlthl" Ihree (:t)
feet of any bearing wall. which miGht thereby be
weakened. The depth shan b4!' sufficient to afford
protection 'rom frQtt. TM bulldlno sewer Ihall be
laid in straight alignment InsoIar .s possible and
changes In direct10n shall be made only with
properly curved pipe .nd fittings. Cleanouts wf1t be
required at.1I 90 dt!9ree bends and for every 75 feet
of service line from the house to the septic tank or
'rom the- sf'ptic tank to the distribution boX.
Cleanouls witt not be required al .c.s df9ree bends or
tess. Aft 90 df!9ree bends wilt be wide swe~ ells.
D. Septic Tank
1. The location of the septic tank shall be such l!IS to
provide not leu than the stated distances from Ihe
followino:
e. Property lines. buried plpedisfr'lbulinQ Wat<<
under pressure and occup1ed buildings... .... . 10 'eet
b. Any source of domestic water supply or buri~
wafer suction line......... ....... .............so reef
c. Any other separate sewage dlsposat system ..20
fee-t
2. The liquid caPl!lclly of a septic tank s.ervingl a
dwelling shall be based on the lotal numb@r of
bedrooms or Ihe building she in $Quere feet con.
templated In the dwelling served and shall conform
to capacities given In Table 1 which follows. The
liquid capacltv of a septic tank serving an establish-
ment other than a dwelling shall be sufficient to
provide a sewage detention period 01 not less than ,..
hourS in Ihe tank but in no instance shall It be less
than 1200 gallons.
TABLE I
~inimum Capl!lcllies lor Septic: TankS
CProvides for Use of Automatic Washers
.end Other Household Appliances)
Standard Single Family Minimum Tl!Ink Cl!Ip.llctty
Bedrooms (Ga lions)
10r less... ... ... .................. ........ ...... 750
3.. ........ ........... .... ...... ..... ....... ..... .1000
.c.. ....... .......... .......... ...... ........... .1'50
S 8. 6 .."..,......,. ,.,...... .................. ,1$00
7 & iii .......................... .......... ...... .1000
:to The liquid depth of any septlc tank or com.
partment thereof shall be not It'Ss than thlrly (301
int:hes. A liquid depth greater than si)( and one.half
(61:,) feet shall not be- considered In delermininQ tank.
capacity.
A. No tank or compartment thereof shall have an
inside horizontel dimension 1e'S' than twenty.lour
(1,fJ inches..
5. Inlet and outlet conntctions of !he tank. l!Ind of
el!lch compartment thereof shell be submerged by
means of vented tees. Of" baftled so l!IS to obtain ef.
fective retention of scum l!IM sludge.
6. Thespl!lce in the IlInk betw~ the liquid surfl!lce
and the lop of the Inlet l!Il"l4'I ClYllet bllftlt'S or sub.
mergM pipes ~hall b4!' not I~ Ihan twenty (70)
percent of the lotl!ll requlr~ liquid cap.,dly. eKcept
that in horlzontl!ll cylindrical lank~ this sp,fIce shall
be not less than fil1een (15) Pf!rcent of the fotal
required liQuid capacity.
7. The lnlel bailie or submerged pipe shalt extend
at feast six (61 incht"S bul not more than twenty C:lOJ
percent of the total liquid depth. to the ne...rest inch.
below the liquid surf.9ce and at least one Inch above
fhe crown of the Inlet sewer.
I. The outlet baffle or submeroed pipe and the
MtIf~ Of'" sUbmerof!d pl~ between compartments
shan eKtend below the liquId surface a dlstllnce equal
talert., {~~~-tnEhr~lh~.-.--
depth l!'Kcepl that Ihe penetration of the indic.at~
bAlllnor submeroed pipt!'S for hOrlzonla' cylindrical
I,nks shall b<e thlrtV.five (3.5) percent, to the nurest
inch. of 'he totaf Iiqu1d depth. They also shall extend
'bOve the liquid sur'.c~ 10 p-ovide for scum storage-
as required. in paragraph S above. In no ca~e sMII
they el('end I~ Ihan six (6' Inches above the liquid
sorfaet.
'. There ~hall be at least one Ct) inch betW'f'f'n,lht
unde-rside of the top of tht tan'" an~ the hiQheSlpoint
of 1he inler and outlet df'vicf'So and partitions so as 10
rrovidl' the riP'Quired Y<enlll..lion of fh(' ~y~t..m
thrOvQh the ,.,..In building stack.
10 The inlet Invert shall b.. not 1~S'S thllln thr('(' (])
inch"" ebove th.. oullet invert.
11. COfu,truction 01 the tank shall be such as to
Qe Its beino walertiOht ..nd_ to prevent the en.
~ of rainwater, surlace drainage. or ground
... Irr.
. n. Th.. '.link shall br constructed 01 sound and
durabl" motteri.1 not subject 10 ('xc~slvr corrosion
~ decay. Ml't.' srplic ranks Shalf comply with
Commercial5land"rd 177.67 of Ih.. U.S. Departmrnt
of CommerCf and hevt tht ClliplliCity r"Quirl'd in
Table 1.
U. .Adl'qu.lt' accns to uch compartment 0( tht
lank far inspection and Sludgt' temoval shan M
provided by . manhole not '6$ Ihan twenty (20'
inches or removable cover and by.. clean. cut pipe of
not '","s than 6.lnch diameter extending through Ihe
covet to . point above the tank not more than sht C6'
inCh~ below finiShed ground 'evel. The point al
which Ihe (ll'an.out pipe passes through the cover
shan be so locatflt Ihat a downward projection of the
pi~ clun fhe inlet and outlet device by not less than
lwo (2) inches. The t09 of Ihe ctean.out pipl!' shall be
provid~ with a re"dily removable water.tight cap
end its hx:ation ~hAII be marked by a slake or oth<er
~rmanent ml!'ans al the ground surface. The inlel
devic.. shall b<e made acc:e!>Sible by <either th..
removabl~ cov"r or Ihe manhole or by the addition ot
properly plac~d hand holes. All .!Iccess coven.
manhole covers. I!'lc. ~hClII be ~o designed 10 prl'v..nt
the access or entrantl' to Ihe tacility bV children.
E. Surface Oispo~al Fietd. (Soil Absorpnon Field)
1. LocaHon of the dispos.al til'ld shall be in an
vnot:atructed and pr('Icrably unshaded area. and Ihll'
distances giv..n below ~han be- Ih.. minimum
horirontal separations betwe~n the di~posal field and
lhe followinO:
a. Any water ~upply well. or burled water
St,CliOflpipl'.. ...............50feel
b Slreams or olher bodi~ ot water
G~neral Dev~lopmE'nt lake~ or slreams SO lee'
R:ecr~alional Oevelopment L2'kes
or Woller . .75 leet
Nalural environmental
'a~es or slreams ..150 leel
Scenic River. 100 feet
Recreational River . .75 tel'l
c Occupied buildings. . . '0 feet
d. Laroe trees (twelve (17) or mor.. inches
in diameter) (See allemate in Section
1.E.6.d' ...................10f~~t
e. Properly lines or buried pipe distributing
.....aler under pressure.......... ......... .10 leel
t. Olhersewag..disposa'systl!'m ...........20feet
2. When coarsr soil tormations llire encountered.
the distancts specified in paragraph 1 above Shall be
incrused appropriately as determined by the City
Zoning and 8uilding CoordinatOf" or othet qualified
"gf-nt d'!:'signated bV thl" Cify. Coarse t..xtured soils
wilh percolation ra'M faster than one half (1'2)
mi(\ute p..r inch shall be considered as unsuitable
t)f'CiWSe of the great tl,uard of contaminating the
gr('und water .....ith nitrate.
]. A distribution box with remov1.lbl.. cover and of
sultiCi"nt sire to accommodate the necessary tile
field '.I"ral tines Shall be construcled at the head 01
each dispos.t Held.
a. Each tile- fi..ld la1eral tine shall be connected
s~paralely 10 th.. di~lributlon box and shall not be
subdivid~.
b. The inv~r's of all outleots shaff b~ at th~ same
elf'vatlon and the inlet lnver1 Shall be AI least one (I)
inCh abov.. the oullet inverts.
c. Thf' outlel inver1s Shall be .II least to...:- (A) in.
Chf'S abOv~ the- distribution bOx floor tor the purpose
ot s..curino f'Qual dislribuUon Of fh~ septle tank f'f.
lIu~nt to each till' latera"
d. In Ihl!' I!'vent that nptic tank effluen' is
d('l;vf'red to thpdislrlbution box by pump or Siphon. a
baltle wa" shall b.. installe-d in the distribution box.
The battle shall be secured to the bottom ~ the box
llnd Shllll extend v..rtlnllY to . poinl at least Il!'vel
wifh thf' cro.....n of Ih.. inlet pi~. The plane surtace- of
""'e-mrftt~~Jl'ff1'endo.evla,......~,...t-f18 "..e.
e. Wt-,ere the slope Of the ground surface does not
OSi"- 16) Inchn in any direction within the area
. lor th~ absorplion fi..ld. th~ st"pUc tank. el.
may b.. applied 10 the ab'SOfpt;on tield IhtOU9h
. system 01 inter.connected 1111" fin.., and trench6 in
a (Qrltinuous syst~m. Tht' bottom of the trt'nchf'1 and
distribution rin.." 10"0111 bt' constructtdon a relatively
It-v..1 gr...de. 00110 ..xct"~d six (6) inchu diltC'rence in
elt"I..ltlion. "ttle slope of the ground sorlacl' exceeds
si. UJ o"rcent In any dirt"cHon within Ihl!' lIr..a
ulili,l"d lor the absorption fi..ld. s",iat distribution
may hf' us~d. Thl' bollom of th.. trencht"s IInd
distribution line" \hall bf' conslructed on" r..lallvely
I~...et Vr.lu;le. Tht" distribution tile sysll'm shall M
arrangt'd so that each Irench sh.1I be IIIled with
seplic lank effluenl before "moent flow. 10 suc:.
c~eding tr~nches. The inv"rr of the overflow pl~ In
the lirst relief linl' shall be al leasl tour (A) Inch~
lOwl't Ihlln th.. inverl of the s..pHt t.nk outlet.
A. Minimum seepage aru 01 Ihe disposal fleld
I soil abs.orp1ion field) tolal flat lIf". 01 trench bOttom
exclusiv.. of sldl'wall "r..1t . shall b.. determlne-d by
the 'ollowing p"rcolalion tesl proce<lure as Itpplie'd to
Table II.
a. NumberS and location 0( tests. Two or more
percolalion lests and two wit borings to a depth 01 at
lcasl twelv," (11) I~tl will be required at the locallon
of 1h.. propOSf'd s,"wage syslem. Percolation le,I,
shall be m.lde during th.. months of April. Mayor
June or Ih.. Sell'Onal hlOh wall'-t lable de-pth shalt be
verHif'<f by a p4!rson comp~tn\tln soli classification.
b. Typ," of test hole. A hole with horilonl.i
dimensions of four (<I) to shl: (6) inch~ and v..rlical
sides shall b.. dug or bor..d to the depth of the
propo!oed absorption tr..nch. The holes. may be bored
wilh an auger of not less ttl"n lout (A) inch" in
diameler.
C. Preooaralion Of test hole. The bonom and sides
of th~ hol.. shall be carelully scr"tch~ with a knife
blade or sharp point('(t instrument 10 remove any
smeMed ~i1 s.urfaces ~nd to provide a nalural soli
inlerfo1ce inlO which water may percolate. All loose
malerial ",hall be removed from Ihe hole and two (1)
InChes of course sand or fine gra...el shall be added to
p,-o'e(t the bottom' from -scouring. r.
d. Saluration and swelling of lhe soil. The hole
shall be carefully filled with clear waler to ."
minimum depth of Iwelve .(12) inch" over the
gravf'l. Woller shall be kept in Ihe hole 'or at least
four f 0 hours. "nd prf'ferably overnight. byrefllling
it necessary. or by supplying a surplus reservoir 01
wolter, ~uch olS in an aulomatic siphon. In sandy soils
conl"ining liltle or no clay. Ihe swelling proc~ure
shall nol t)~ required and Ihe I(>st may be made as
described under Seclion 1E .f.e(]} after the waler
from one filling of the hole has complelely seeped
away.
e. Percol1.llion raIl' m(-1.Isuremcnt, Wilh the ex.
c('plion ot' Sandy soils, percolalion rate
mp..1surromenlS sh.lll be made on the- day following
lhe proc(:dure described under item A.d above and
shall vary "ccording to the lollowing conditions:
111 It waler remains in the 1t!'S1 hole alter th..
o...C'rnighl s.....elli....9 period. the deplh shall be lid.
io!ol~ 10 "pprcll:imal~ly six (6) inches over the
gravel. From a flxed re'cr~nce point the drop in
walt"r l('v~1 Shall be measur..d at Ihirty (30) minute
inlervals o.....r a two (1) hour period. This drop Shall
be used to calculale the percolation rate.
(2) If no water remains in th.. hole after the
overnight swelling periOd. c1C'ar waler shall be added
to brinq lhe depth of water in the hole to ap.
proll:imalely sill: (6) inches o...er th.. gravel. From a
fheed relerence pointlhe drop in walt'r level shall b..
m('"wred at <Ipproximalely lhirty fJO) minule in.
tervals tor four lA) hours. retilllng six (6) inc:tles over
Ihe gravel if necessary. The drop Ihat occurs during
the final Ihlrty (301 minute period shall be uSl'd 10
calculate the perCOlation rate.
13) In sandy soils. or other solis in wtlich the 'irs'
six (6) inchC'S of water seeps away in 1"1.10 than Ihirty
nO) minutes afler th.. overniohf swelling period. Ihe
lime interval between mpasurempnlS stlall be- taken
as len (10) minul!!'s and the test Shall be run tor on..
01 hour. The drop that occurs durino Ihe 'inal t..n
(101 minut!!'s shall be us~d to c"lculate th.. per.
colation rail'.
1.41 Abs.orplion Area R("quiremenls for Private
Rp.sidences ..,nd Other eslablishments (per Bt'droom
column provides lor rf'sidential automatic 5rquence
WAShing machines). Pl!rcolation rates 01 one.half
(I J) minute or IMS ar.. considered ondesirable and
must he approved by Ihe City Counc:lI find State
Pollulion Control Agency befor.. issuance ot . permit
to (Ol1slrucl.
TARt j:: 1.1..-____
Rf'Quired tr~"lm('nt area in SQuar.. teet pe:r
bpdroom (ai, Ib)
Per(ol"tion Per g.1l1on
raIl' in minul~ of waste
per inch per day 8~s
1.1 or I~SS (..)
',t05(1) 0.83 125
6 to lS 1.21 '90
16 10 )0 1.67 7SO
31 10 .4S 7.00 ]00
46 10 60 (01 110 ))0
Cal T ...ble Is b,l5ed on. s.ewaQe "ow of 'SO gallons
p.r d"y pH bedroom.
(bl In every cau sufficient ar"8 Shall be provld~
for at ten' 2 bedrooms In residential unitt..
(c) When trealment system design Is bUM on
gallons of waste per day lhe requited trealm..n' flr~.
mfly be reduced for trenches only, by Ihe fOllowino
percenlages: 70 perunl lOt 12" of IIIler m.'erial
b..tow Ih.. dislribution pipe; 34 p..rcenl lor 1."; and
.f0 percent for 7.f".
Cdl Soli Is unsuitable for sland.llrd system 1f
p..rcolation rat.. is fasler Ihan 1,'2 minute per inch.
.Alternat.. syslems wilt b.. approvf'd by the Bulldino
Official.
CeJ Consld~r alternative nwag.. treatmenl unit.
for soils wilh thl, p..tcolation ral.. range. Allern_le
syslems will b.. approved by th.. 8ulldlng Offlclel.
(U Soli Is unsullabl~ 16r slllindard system If pet'.
colatlon tate is slower Ihan 60 mlnutn per Inch.
AIIl'-tnale systems will bl!' approved by the Building
Officlat.
f. All res's shall be conducttd by a reglster~
professional engin~l'-t. TwO (2) copies fA all te,ts
sl1all be submilted at Ihe lime of application for
buildino perm II.
S. Additional criteria for iudging ~olf sullablltly
a. In areas of shallow ground ~ater. Ihe depth of
Ihe wat!!'r tllbl.. shal1 be determined. No soli ab-
sorption System shall be Inslalled In an area where
thl!' water lable is at any time less than six and one.
hall (6"2) feet below ground level or four (<I' feet
below 1M bollom ot 1M drain ,it"ld trench. Soli ab.
sorption systems installed in areas where 1m.
perme"ble layers are found af den'hs of less than six
and on(!.half (6'.2) feel shall be considered to bt! of
special d~~ign.
. b. Modification ot 'he percolaHon test. When
knowledge of the characterisflCS and uniformity of
Ihe soil is 1.I...ait"l1le through observation or ex.
peri..nce.lhe requiremenls lor percolllHon lesfs may
be changed althe discretion ot Itle Building Olficlal.
6. Conslruction 0' disposal Irench~.
a. All tr~nches in a disposal fil'ld shall be con.
strocted In accordance with the following standards:
(1) Minimum number of lines per field ..........1
(2) Muimum lenglh 0' individuallint!'S .....100'
(3) Minimum bottom wldlhot trench ... . ..18"
(AI Minimum depth of cov<er
of Ihe Iill! lines. ............. ,.18inches
(S) Prererr~d dtopth of cover of lih~. . . .7A inches
(6) Maximumdeplh of co...er of tile line~ .36 inches
(7) Maximum uniform orad.. of
tileli"es .................. ......4 inches per 100 '('el
(IU Preferred uniform Orade 01
tile lines ......... ...........2 toA inches per 100 feel
(9) Size and spacing
of lrtnches ................... .Conlorm to Tabl..1I1
(10) Minimum filter malerial und~r tile....6 inches
(11) Preferred depth ot filler maler;,,1 under
Iile........ . .11 to 7A inChes.
(12) Minimum lil1er m"ltorialov"r till'. ..1 inches
TABLE III
Width at
bollom
in inches
Efft"clive
absorption area
in SQ. II.
per lin. fl.
Minimum
spacing of
lines C to c
in feet
"
74
3.
30
1.5
".
',5
,.
0,.
0,5
7,.
7,5
Ab~orplio" beds wider Ih...n five IS) leet shall be
provided with mullipl~ distribution lile Ilnes spaced
nol mor~ than 'i..... IS) feet nor Ie'!.S than eighleen<< 18)
inches on center. and not more than thirty (30) In.
ctles trom the' side walls of the bed. Olht'r con.
"trucHon rf'Quirements (such as depth of IiHer
materilll ebovl!' and below the Ill!' lines. minimum
and maximum depth of COv..r of 1i1..l1nes. etc.J shall
conlorm to the r..quirements for di!.;tosal trenches.
b. Pipe u~..d for Ih~ IIn.. betw('('n Ihe sepllc tank
and the distribution box llind betWf'en the dislributlon
box and tile lateralS 10 Ihe point where Iht lalffals
_.... _Trrr]th.t'-~_._
0..p1hol tllter material below
dislrlbullon pipe Idt. inch..,
12 18 ,.
125 100 85 75
190 ISO 125 115
'SO ,.. 105 ISO
300 '''' ,.. ...
". '65 ". ,..
...
.r~ st'p.,,,,r('d by the ma",imum d<<.''!.;Qn sepllt"tion
'hatl be of " mat.ri". SPf'cirlt:d tor U'U' ,110 buifding
S.l!'weU in the Minnl!'sol. plurnb;f'\O Code.
C. Ptr'(l.altd plulle pipe- \hall ~ laid with 0",
grow 04 perto,.lioo\ on 'hr bOlIom. Pedontions shall
M at If'ast '." in diameler and tpacl'd no f.rthef'
"-- than 36" aparr.
d. Field liI~ u\l!'d in the disposal field shall M ....
agricultural dr,in IiiI!' twelvt' I ")inches In I~O'h
and s.hall be laid wilh I.... open joints. Alternate
materials may b!' u!oed If rquival~1 performance Is
indIUIt'd.
1. All opt'" joint!. shall be protKIe-d on lop by strips
0' asphalt. trealt'd buildino paper ., leut ten (10
in(hU long and three (]J to she (611n<hes wide or by
other acceptable means.
2. All bends used In the di\Po'!oal field shall hav.
liOhl loin IS al nch end of the bf.nd.
t. Filler material shall be cru~hed slone. gravel.
or similar irtsoluable. durable and acceplable
material having sufficient voids. This malerial may
yary Irom I" to 21.., incheS In site and ~hall be Iree 01
dust, 'SJInd or clay. The fm~ malerlals shall com.
plelefy encase the file In aceordance wilh Secllo"
7.1:.6.a In any ease. disposal trenches consfruclt'd
wilhinten nO) leer 01 larqe Ir('es or dense shrubbery
Shall have at lenl twelye (l2) inChes of filler
malerials benealh Iht' lile.
f. The top of Ihe Hiler malerial !!.hall be covered
wilh unlrealed buildiru';J paper or II lwo.inch layer of
hay or slraw SO as to prevent seltling of backfill
malerial inlo Ihe tiller malerlal.
O. Where it is necessary 10 'ill an area for con.
slruction of lile laterals, the botlom of The Iile
'renche~ shdll eldil!nd nol le-ss 1han one (1) fool into
the 0';9inal '!looi!.
h, The trench Above Ihe filler material shall be
overfilled wilh rour (of) 10 siK (61 inches of eaf"lh. The
backfill shan be handlamped.
l. eefore filler material is plan'd, all smeared or
compac't"d soil in Iht' Ir~nch botlom shall be brOken
up o1wd removed by ra~in9 or othcr e1fectivemeans
to provide nafural !Iooil condil;ons.
7. lIa;nlc.n"nce.
a. Each prc>perly ownil!r ha".n9 an on.sile sewage
di\pos&1 syslem shall on a b; annual basis Iile a
maintto,.,ance r(.'r..ort on 'hat ~.,.!.lem wilh Ihe Cily
Clt'rk.
b. The Cily i~ dividcd into ~".o ,,"C<'IS lor purposes
ot bi.annual r'-'porting by pr(l~Hly o......ner"!.. The area
weslOf CSAH No.9 (Round Lake Boule:vard) shall
rt'porl on odd ytoars .and Ihe art'a east Of CSAH No. ,
on even year~.
C. Each properly owner shall complete Ihe
mainlenance r('porl 01 his on site sc'wi'lge diSPOS&1
syslem and submit the lorm by Sf:plember 1st 01 Ihat
year. The City reQuires Ihal each property owner has
his seplic 'ank pumped as ollen as reQuirt'd by in.
spectiOns. but nolleS'!!. Ihan once every four (I) years.
Failure on the pari of the property owner to !oUbmll
the form certifying the S(.ptic tank cluning shall be
cause tor the Cily 10 ha,,'e Ihe ~f:pIiC '..mk syslem
cleaned. The City shalt contr&{I lor Ihe cleanino
service and provide the pro;::f:fly ,)'Nner with an
ad....ance notification of thf' d"~e the s,stem will be
clpant"d. The cost of this serv;ct' shall be a'!loseued to
Ihe propl'rty owner.
d. The basis for dete-rmini"9 If septic rank
cleaning is net'ded is the measurement of the depth
of sludge and scum in Ihp \('ptic tanf(. When, as ..
result 01 such measurement. the lOp of the sludge-
layer in the lank or anV compartmenl of the lank is
found 10 be less Ih<'ln twelve 1111 inches below the
bottom 01 Ihp outl('1 bailie or submerQed pipe or il Ihe
bottom of 'ht' scum lave-r iSIt"Ss than Ihree (3) inCht"S
.bove the bottom of the outlet balflt' or subme-r9~
pipe. Ihe owner or al;ient shalt arrange for Ihe
removal and sanitary dis.p(.>'ul of Ihf' conhmfS of the
lank.
e. Individual servic.ing of s!'ptic tanks and ,oil
&bsorption unit!. shall rpQuire a permil from th~ City
and shall conlorm 10 Ihe Minnesota' Oepartment of
H('allh and Minnesola Pollul;on Conlrol ^Otncy
specilicalion,. Disposal of ,Iudge l'Ind scum f~movt"d
Itom Ihe system Shall be- in'o a municipal s~we-r
..---di'!f.~al s~m---,t a d;~t'O"~1- site ~pprO""4!'d.b"""'h'"
QHdin9 Official.
. Owners at \anilary d:\O~1 svslt'ms shall be
quired 10 (Oc.Deralt .....;tn -'In<! aSSlsl Iht City in
t~ldl'lO waltr $.a rnpl Mo. as r..quirt'd, 10 I~sl tht
adeaufllcy ot SuCh 5V~lems.
t. Allernallve Sy\lt'ms.
a Alft'rn"te mt'thnds of st'waqt' di!>DO..a1 such IS
~oldino 'links eh:ctric or O"'s in(int'rators, bioloOical
/tndor lert iarv trf'almt'nt plant, or land di~POsal
sv\lems. or otht'r hslemS aD"ro....f'd by Ihf' fh,i'rlino
Olf;('i., wheft::'ve-r nqv.rt'QI or allo""'~ in particular
circumsl/tnces, shall bf: subiit'cf to Ihe Sl"ndards. may bf' de<larit'd unfit for hum"n consumplion. .nd
criteria, rul" .nd regulation, ef the Minni!'1o'. thereafter no prrson shall use or .1I0w wa'trto b<t
Departmenl of HeaUh and Minnnot. Pollulion used Irom SuCh water "ource tor drinking purpO'S"..
Conlrol Agency. human consumption Of' domesllc UM.
SECTION J . ADMINISTRATION The eulldiOO Offlcl.1 upon receipt d 'Nell 'esflno
A. Enlorclng Officer. evidence Showing conlolmlnalion as outlined .bOvt
The- Building Orflcial shall be responsible 'or the shall immediately contacf Ihe- Minnnol. De-pari
admini,tr,'ion of this ordinance. The Board of menl of Heal1h. The Minnuol. Ot-P4rlment of
Appeals ,han hear and dt'cide appeals and review Health has authority under State Regulation 1011'.,
any ord~r. requiremt'nl. decision or determinalion 101l0ws: "Any drinking water supply knO\l\l'n 10 be.
m&dl! by Ihe euilding Official regardino the en. positive or probable sourn of typhoId fever or other
forcemenl of this Ordinance. Such lIppt'a1 may be disNtSe, shalt be condemned. either by the local
taken by a p~rson aggrieved in (onforming wilh board of heallh or by the Slate Board of He.llh.'M
procedures set 'orth in Ihe City of Andove-r Zoning when \0 condemned Shall nol be und avain as .
Ordinanc~. drinking wat~r supply unlll declared sale by Ih~
B. Issuace of Permits. No building permit for an.,. condemning party."
building requiring an on.slte sewage disposal sysle-m SeCTION 4 . t.tCENSeS
shall be lS1ulPd until the ~mll, as required by this A. licensif'\9. .
Ordinance has been Issued. 1. No person, firm or corpor.tkm shall engage In
C. Inspedlon. the businesS 01 allerino. repalrlno. lnstallt", or
I. The euildiOQ Orticlal shall make such inspection constructing within Ihe City wilhout firSI obtaining I
or in~p('ctions as are n~ct::"Ssary to del ermine com. Ilcen~e locarry on such occupation from the City.
pli"nce with this Ordinance. No part of . newly 1. Applicanl shall file with the City Clerk pollcl"
con~tructed system, or an existinQ system whiCh has 01 public liabifity and properly damage imur.nCI!
been allert'd, eKfended or repaired shall be covered which shall remain In forCt and effed during Ihe
unlil it h&S b('en inspeclf"d and approved by Ihe enlire term of said Ilcen~e and which shaU conlain I
Building Olficial. It shall be Ihe responsibilily of Ihe provision Ihat they shall not be canceled wilhoulten
applicant for Ihe permit to give t~nty"our (2.) (10) days written notice 10 the Cily. Public liability
hours prior writlen notice fa 'he euilding Otricial j(lsurance Shall nol be leu than one hundred
Ihal Ihe job will be ready for inspection or reo lhousand tsl00.000} dollars for inlurie-s Including
inspection. It ~hall be Ihe duly 0' Ihe owner or oc. accidental death 10 arty one (1) person and subject 10
cupanlol lhe property to give the Building Official the same limit for each person in an amount of not
free accen 10 the propt'rty at reasonable timeS for less lhan Ihree hU(ldred Ihou~and (1)oo.ooo' dolla"
Ihe purpo~e.of makin9 such inspections. on accounl of anyone (II accidt'nl, and propt'rtv
2. If upon inspection the Building Olficial damage in\uranCl! in Ihe amounl of nollt:'SS tt:an tilly
discove-rs Ihat any part of the ~ysll!m is nol con. Ih()u~and U\O.OOOI dollars tor t'''ch .accident and not
struct~ or operating in ac<'ordance with the- tess Ihan one- hundred thou~and I\too.ooo) dollars
minimum standards provided in Ihis Ordinance, he 1l9gregated. No work Shaft be done under license
shall give Ihe owne-r or applicant written no1ificalion until said insurance policies have been filed and
dncribing the defect,. Such nolice shall prescribe a approvl'd by the City.
reasonable lime within which such defects must be 3. The clpplicanl shall fil~ with Ihe City Clerk a
corrected. If, aflef SUCh written nolke is given, and surely bond <juar...r.l('eir>g Ihe conformance and
the ownf:r or applicanl neQIt'cts or reruse-s to corrt'cI complianCe of work \Vilh Ihls Ordinance. Said bond
SUCh defecls or fails to mak~ the system confOrm 10 Shall bl!' in Iht' amounl of 'wo thousand "1,000'
this (lrdin.,nce within the- 'im~ specified in said dollars. The City ~halt hotd ~id bOnd for one Cl) vear
notice. the City may lh('n by any of its duly Ilppoinled following Ih~ IiCf:'nse p(>rkd Failure to comply wilh
representalives, remoye and rE'pair Ihe defeclive' provisions and reQuir,-'ments of 'his Ordinance shall
s\'stem and charge the cost thereof to Ihe cwner or ril!Svlf in 'lorfellure of th'!' bond.
3pplican' as Ihe case may be. and the cosl shall be .4. Licenses Shall be rtr:t"....ed annually. The annual
assl'$';ed aga;nSI Ihe prop(frfy upon which the licen\e Ipe shall be Iv.-enty.'ive 1125) dollars. Ap.
defective wstem is locatPd. No sy,tem shall bl!' plical ions tOf SuCh Iic('rtse shall be made annually on
placed or replaced in service until all defecls have- a lorm furnished by Ihe- City Clerk. Licensees shall be
been corrected or eliminated. and a reinspect ion has in effecl from July 110 JlJne lOot the next year.
becn made. The appliClonl shall pay an additioNI fee 5. Application lor Iicenns shall be iiiI'd with the
for e"ch re.inspection that is necessary. Cily Clerk and shall be reviewed Ilnd sublect to Ihe
3. Any system which allows uptic tank effluent to approval of the- Cily,
pereolale from the ground. contaminating qround or 6. Any installlllion, conslwction, alteration or
surface .....aters. or causing noxious odon, or whiCh repair 0' a sew&ge disp~al system by a licensee in
because of its operalion or con,truction imperils Ihe violation of any proviSion of thiS Ordinan(eor re'usal
health. safety or well are of the public. is declared to on fhe parI of It lictnste- 10 correct such detecllve
be a nuisance. Upon receipl of a petition Sl!t1ino lorlh work shall be cause for revocalion of 01' relusal to
facts Ihat a sySltm constitutCS a nuisance, the- Cily ,enew a Iiccnse. Said liccnse mav be revoktd or
Council shall hold a hearing on the maner upon not relu!led 'or renewal by Ihe City al any lime tor cause
le~s Ihan S d&ys written notice to Ihe owner of !he whICh Shall be oocumenfed in ",rilino.
s'r's:em or systemS involvt'd. 11 Ihe e-videf'lce al such 7. eelore- any lic-ense issuC'd under 1he prOvisions
hearing eslablisheS that a nui,""nce does exist, as 01 Ihls s('-ction may be revo"t-d or its r('-n('wal refused,
delermint'd by resolution ot Ihe Cily Council, Ihe City Ihe lict'nsee shall be given a hearing by lhe City
shall give written notice to Ihe O\I\I'ner to &bate such CounCil toshowcause why SUCh license should not be
nuisance within 30 days. Upon the failure 01 such reyoked or relu'!loed. Notice 01 Iht' time, ptace and
owner to abate said nuisance within Ihe prescribed purpose 01 such ht'aring shall be- in writin9.
lime. Ihe- cesspool, septic lank or priyale sewer 8. rermits.
system shall be disconneclt"d and the premises m",de- I. No pt'rson, lirm or corporation sh...1I clcan.
sanilary under the dir~cfjon 01 Ihe City Council. install.. alter. r('pair, or eltl~nd any individual
I. In addilion 10 the specificafions herein proyided. sewaoe dis.posal syslem in the Cay witt'rout lirsl
Ihe Cily may cauSt' regular or perit"diC inspeclio!"S of obtaining Il permit Iherelor from lhe euilding Of.
any or all systems wilhin the City to insure Ihal an lidal for Ihe ~pecilic installation, alteration, repair.
systems are in proper operation and in compli&nce or e-1I1f'nsion.
with Ihi~ ordin&nce. "shall be the duly 01 the owner 2. Applications for permits shall be made in
or occupant of property to give Ihe inspector free writing upon prinled form' furnished by Ih~ City
acceu 10 the- property al rt'Ilsonable times for 'he Clerk ./tnd Shall be signed by Iheappllcanl. The .p.
purpose of m&"'lng such inspeclions. If the owner plication for permil. eKcepl cleaning permits, Shall
does not give fref' &ccess, the City may oblain a bf' accompanif'd by " tee of twenty.'ive ($15) don.".
search warrant fOf' Ihe purpose of dell:rmining A 17.50 'l'f' will be required for ellch c1e:ani"g permit ht'alth or satety violation" on private property. oblaintd from the' City.
O. Inspection and Testir>g of Waler Syslems: 3. EaChaJ'lplication for a permit, e)t:ceplfor
_ _, ....--1.h.. 8uildiag.0I'ic~1--sh...I~<0t8-~-I~-90----.-41....~.~.Jil+y(' tlw,~9oU4'ct. ....oat.-
upon Ihe private property lor the purpose of in. de-scription of Ihe property on which the proposed
spectinq and testing wells, sourct'S of water. oullt'ts ins1allalion, alte-ratlon. repair. or l!'x'ension Is 10 take-
01 "'liter used for drinkiOQ purposes, human con. pl...ce, and each application lor I permit shall be
sumplion or domC'stic purpoSU with reaSOnable and ltccompanie-d by a ptot plan of thf Illnd Showing the
proper notification. location 01 "ny proposed or ellisting buildings toc.ll!d
'. Any water source producing watl1' for such on Ihe proPf'rty with ,e,peet 10 the boundary IInM of
purpOSeS ~howing eyidt'nce of contamin...'inQ by the- property and complefe- plans of 'h. propo\ed
or9anisms of 1he coliform group. or containinf;; Syslern wilh sub'tllnlialiF\Q dala. soil bOrinos. Ind
nitrale nitrGqt'n in concpnfrations grealt'r thlln 'en pprcol"liM rates, if n"ce"ary. IlHesllng to Ihl!!
pMts pC'r million, Of' co"laininq foaming agent\ in compliancp -Nilh Ihe minimum sl"nd",ds of Ihis
<.on(pntrations 9relttcr Iho'ln 05 parts pC'r million Ordinance A complel. plan '50",,11 include the
10' al,oo. s,re- and de-sign at all parts d th~ syst~m to
ot' insra"r<f. alt~r~d. rt'pairt'd, or ~lCtfl1d~d. The
application "halt also show Ihe- pre-sent M propos@d
local,on of all nl'arby surface ~il!'S ~ walet', w.t~r
'upp1v tllcilitin and wale-r supply piping, and Ih.
gOf the- penon, firm or <.o,por.tion who Is to
the- sysll'm. and shall proylde such furtner
'_ afiOf'l as may be rl'quired by the Bulldlnv
0I1i(i..1. An 8Pplicalion for c1uning Ii sys'em shall
only conl.in Ihll!' ne-Cl!'ssary in!ormation on the per.
mi'.
SECTION S. PENAl. TIES AND VALIDITY
A. re-nallies.
1. Any person found to b. violallng any provision
o' 'hiS ordin.nct' shall be- serve-d by Ih. BuIldlnQ
OUiclolll wUh wrItten noticl!' stating th~ na'ure of the
viol.,ion and J)f"oviding .. rusonabl' time limit lor
thf sa.is'actor.,. correc'ion 'hereof. The offender
shaU within the pl!'riod of time ".ted in such nollce.
permanl!'nfly cease an violations.
2. Any pl!'rson who Shan conlinue any violation
bl!'vond Ihl!' lime providl!'d lor In th~ written nolice
shall be guilty of a misd~meanor, and upon con.
yiClion the-rl!'of sh." b~ sUbjl!'CI to a finl!' of nol more
than $300. or impri!rOnmenl for nol mor~ than fO
days. or bOlh, for each violation. Each day In which
any SUCh vlolalion shart confinue Shall be deemed .
sl!'paratl!' oHense.
l. Any pl!'rson violaling any of the provisiOrs of
'his Ordinance shall bl!'com~ liabl~ 10 thl!' Clly 'or any
'l(pt'n~. loss or damAge occasioned Ihe City by
r('a1oon of such violation.
B. Validity.
1. All or.;Jinancn or paris of ordinances in conflict
with this ordinancl!' art herl!'by rl!'pealed.
1. The invAlidily of any seclion. clause, sentence
or provision of Ihis ordinance Shall nol aHect Ihe
...alidityof any other part ot this ordlnanc. which can
be gi...en l!'ff(Oct without such invalid pari or parts.
SeCTION,. . O~OINANCE IN FORCE
ThiS Ordinance to be- in full forcl!' and l!'lfeel 'rom
and afler ill passa9~. apprO....I and publicalion
a(cordinq 10 Ihl!' law 01 the Staleof Minnesot..
Adoplt'd by Ihe Cily Council of Ihl!" Ci'y of Andover.
Ihis Jrd day 01 .t.uguSI. 1976
CITY OF ANDOVER
S Ri<;hArd J. S<hneider
"hArd J. Schnl!'ider Mayor
Palricia 1(. LindquiSI
F'dt,icia K. LinoQulst . Clerk
abCdl!'t9hijk ImnOPQrs IUVYIIltyl
Published in Anoka Co. Union
AU9ust 1]. 1976
o
"-""' . - ,.. '"\ ,. . ..... '-- ...
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
,,~O
AN ORDINANCE AMENDING ORDINANCE NO, 37, AN ORDINANCE REGULATING
THE INSTALLATION, CONSTRUCTION, ALTERATION, EXTENSION, REPAIR
AND MAINTENANCE OF INDIVIDUAL SEWAGE SYSTEMS; REQUIRING PERMITS
FOR AND LICENSING OF PERSO~S ENGAGED IN THE CONSTRUCTION AND
SER VICING THEREOF: PROVIDING FOR THE INSPECTIONS OF SUCH SYSTEMS,
AND THE ABATEMENT OF NUISANCES IN THE CITY OF ANDOVER, ANOKA
COUNTY, MINNESOTA.
The City Council or the City or Andover does, hereby ordain:
The following section(s) is amended to read: (Item 'to be amended shown in
parenthesis and bold type)
Section Z _ General 'provisions
7. Maintenance
b. The City is divided into two areas for the purposes of biennial
(bi-annual) reporting by property owners. The area west of CSAH,.No. 9
shall report on odd years and the area east of CSAH No.9 or.. even years.
.dlis ordinance shall become effective from and after its passage and publication
as required by, law,
Adopted by the Andover City Council this 7th day of September
. 1976,
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,!JIIII
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No, 37B
An Ordinance amending Ordinance 37 (AN ORDINANCE REGULATING THE INSTALLATION,
CONSTRUCTION, ALTERATION, EXTENSION, REPAIR AND MAINTENANCE OF INDIVIDUAL
SEWAGE DISPOSAL SYSTEMS: REQUIRING PERMITS FOR AND LICENSING OF PERSONS
ENGAGED IN THE CONSTRUCTION AND SERVICING THEREOF: PROVIDING FOR'THE
INSPECTION OF SUCH SYSTEMS AND THE ABATEMENT OF NUISANCES: PROVIDING
FOR THE INSPECTION OF PRIVATE WATER SYSTEMS, AND PRESCRIBING PENALTIES
FOR VIOLATIONS THEREOF: IN THE CITY OF ANDOVER, COUNTY OF ANOKA, STATE
OF MINNESOTA.)
Be it ordained and enacted by the City Council of the City of Andover:
The following section of Ordinance 37, adopted August 3, 1976,
be amended to read as follows:
SECTION 2. (E) 7. Maintenance
c. Each property owner shall complete the maintenance report of his
on-site sewage disposal system and submit the form by September 1st
of that year, The City requires that each property owner has his
on-site sewage disposal system pumped as often as required by inspections,
as stated in Section 2 subsection 7 d, Failure on the part of the
property owner to have an on-site sewage disposal system cleaned when
said system is found to require cleaning shall be cause for the City
to provide for the cleaning service and provide the property owner with
an advance notification of the date the system will be cleaned, The
cost of this service shall be assessed to the property owner.
Adopted by the City Council of the City of Andover on the 19th day
of September ,1978.
CITY,OF ANDOVER
ATTEST:
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J Y W' schitl - Mayor
__...._.. n_. ..... .. _._ ~, _ ._. .._ _._ ._...
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CITY of ANDOVER
1685 CFlOSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 · (612) 755-5100
The City of Andover has a Private septic System Ordinance,
Copies of this ordinance are available at City Hall, Failure of
individual systems results in problems not only for the
homeowners but also for the City Council,
Included in the Ordinance is a special section on the maintenance
of on-site sewage disposal systems. The purpose of this letter
is to inform you of the Private Septic System Ordinance and also
to give you suggestions on operation and maintenance of your
system, '
SUMMARY OF MAINTENANCE PORTION OF ORDINANCE
a) The City shall mail, on or before March 1 of every other
year, to each owner having an on site sewage disposal system a
set of instructions and a form to be used in reporting on your
sewage disposal system, '
b) The City will be divided into two areas for purposes of
biennial reporting by property owners. The area west of C.S,A.H.
No, 9 (Round Lake Boulevard) shall report on odd years and the
area east of C,S,A.H. No 9 on even years,
c) Each property owner shall complete the maintenance report on
his on-site sewage disposal sy~tem and submit the form by
September 1st of that year, The City requires that each property
owner have his septic tank pumped as often as required by
inspection, The Building Official recommends every other year,
Failure on the part of the property owner to submit the forms
certifying that septic tank cl~aning has been done shall be cause
for the City to have the septia tank cleaned, The City shall
contract for the cleaning service and provide the property owner
with an advance notification of the date the system will be
cleaned, The cost of this service shall be assessed to that
property.
d) A permit is required for pumping septic tanks, The
application for this permit shall be made in writing on a form
provided by the City, A $2,50 fee is required for this permit.
e) A permit is required for installing, altering, repairing or
extending an on-site sewage disposal system, The application for
this permit shall be made in writing on a form provided by the
City, A $25.50 fee is required for this p~rmit.
f) The contractor pumping the septic tank systems must be
licensed by the City, The contractor must conform to the
Minnesota Department of Health and Minnesota pollution Control
Agency regulations, Disposal of sludge and scum removed from the
systems shall be into a municipal sewer disposal system at a
disposal site approved by the City, .
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The City Council has provided this information to assist you and
if you have questions regarding this article, please contact the
City Building Official at 755-5100,
David Almgren
Building Official
Figure 18. Measuring ,'udge and scum In I
..ptlc tonk.
..
:If
.,
BLACK COLOR
DISTINGuiSHES SLUDGE
LAYER FROM L10UID
Of'
..
1. The scum is measured with a pole that has a 4" x 4" piece of
plywood fastened to the bottom,
2, The pole is forced through the scum mat and then raised until
resistance from the bottom of the scum is felt. With the same
tool, measure the distance to the bottom of the outlet device,
If the layer and bottom of the outlet device are less than three
inches apart, your septic tank should be pumped, See Figure.
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100
ON-SITE SEWAGE DISPOSAL SYSTEM
MAINTENANCE REPORT
(Please complete in full and return)
1. Owner's Name (please print)
2. Address
3. Date
4. Date of Initial Installation (if known)
5. Date of last repair or reconstruction of system (if known)
6. Date of last septic tank pumping
7. Name of firm who pumped tank
Owner's Signature
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APPENDIX A
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TEL No.00001000000000
Mar. 6.89 11:09 P.03
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w.:mCE: MEDt.a. /\ND COUNSEL ARr. pnOHlBJTED FIlOM Mf,Kn.;G
Tt-llZ Ol)INiON OR onDJ:~t PU13l.1C pmon '1'0
l?,Ol /\,M, ON 'fHE rILE DATE
APPEARING 13U.OVl
STATE OF MINNESOTA
IN COURT or APPEALS
C7-88-1213
M R 6 1989
Anoka County
Bruce B. Hay, et al.,
Appellants,
Let.lie, Judge.
Timothy R. Thornton
Neal T. Buethe
Briggs and Horoan, P.A~
2400 IDS Center
MinneapoliS, HN 55402
va.
City of Andover, et al.,
Respondents.
Georoe C. Ho ff
Hoff" Allen
250 Suburban Nat'l Bank' Bldg.
300 Prairie Center Drive
Eden Prairie, MN 55344
Filed March 7, 1999
Office of Appellate Courts
Heard, considered and decided by "uspenl, presidlng Judge,:
Nierengarten, Judge, and Leslie, Judge.
SYLLABUS
1. There is no conet! tutlonal taking' of private property
where other reasonable uses of the property are avaIlable.
2. There is no violation of due process or equal
protection where the city had a ratiol:Uil basis for its
determination of sewer access in 1981,
3. The special use permitees' claims and requests are not
barred by laches, and appellants are allowed to bring their
requests to the city, since there 18 no reason at thU time to
"
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1C) deny sewer access.
, Af firmed in part, rever.ed in part.
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Acting as judge of the Court of Appeals by appointment
pursuant to Minn, Const. art. VI,S 2.
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Mar. 6.89 11:09 P.04
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o PIN ION
LESLIE, JUdge
This is an appeal from a judgment wherein the trial court
denied appellants', ,Bruce Hay, et a1. (Hay), claims for taking,
violation of due process, violation of equal protection and
violation of 42 U. S.C. 5 1983.
The trial court held that
appellants' claim for damages was not ripe because appellants
did not exhaust their administrative remedie8. The trial court
further held that appellants' claims were barred by laches
because the relief sought 16 now difficult or impossible to
achieve.
Appellants request this court to rever.e and order
injunctive relief and, compensatory relief, claimi,ng
re.spondent'8, City of Andover (Andover), action was arbitrary,
capri7iouB and an unconstitutional denial of municipal .ewer
service to appellants' proposed mobile home park ,development.
We affirm In part and reverse in part.
FACTS
For over twenty years, Hay has owned approximately fifty
acres of undeveloped land in Andover on the lower .outhwest
..
corner of Round Lake.
On April 17, 1970, Hay applied ~o the
city's predecessor, Grow Township, for a special use permit to
develop a mobile home park.
This permit wa8 denied by Grow
Township.
The Minnesota Supreme court in ~v v. Township.;2!
Q.~ow, 296 Minn. 1, 206 N.W.2d 19 (1973), found that the
~ township'S decision was arbitrary, di.criminatory and
uncon8titutlonal and ordered that a .peelel use permit be
18sued.
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On ~u9U6t 19, 1974, the township complied with th9 8upreme
court's order and issued a epecial use permit 'f9r the mobile
home park. ~s a condition of the special use permit, Hay was
req~ired to pay for all sanitary sewer and water lines within
the development.
~s a further condition, construction of the
mobile home par~ was to commence within two years foll~win9 the
"availability of municipal sanitary sewer service" before the
permit would be void. The original date of .ewer service
availability was to be determined by the, township engineer.
Following the issuance of Hay's special use permit, Andover
adopted a comprehensive plan as required by the Metropolitan'
council pursuant to Minn. Stat. 5 433.858. Thh plan was
adopted by Andover in 1980. 'In 1980, Hay's property wU placed
in the Champlin Anoka,BrOoklyn Park interceptor (CAB) for which
'sewer service would not be available in Andover until 1990
through the year 2000, based on the need end development pf the,
area. Most of west Andover was included in this interceptor.
The eastern half of Andover was included in the Coon Rapids
interceptor which then had sanitary .ewer service avan.ble.
Both of these interceptors and the 8ubject pr?perty are included
in the Metropolitan urban Service ~rea (MUSA) which designates
areas where the MetropOlitan council has planned for development
and extension of sewer service.
The compreheneive plan of Andover waG accepted by the
Metropolitan, council after the city met Metropolitan Council'.
requirement that there be a reduction in the area which would be
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connec ted to the sewer BY" tem in the pre-l' 90 decade.
Accordingly, the city had to remove lIome property included in
the coon Rapids interceptor and place more property in ,the CAB,
interceptor area.
The cIty's comprehenllive plan additionally
announced a cOJtUl\l tment to provide affordable coat housing 1n
Andover.
At the request of Hay, the Andover city council conllidered
connecting the subject property to the Coon Rapids eYlltem
instead of CAB. The city engineer prepared a report in which ~e
indicated that he did not. recoJtUl\end the change because the
property could not be fully served by gravity, would require
extra frost protection, would provide no lateral benefit, would
cost approximately $100,000 and would require a change in the
comprehensive plan,
The engineer's report was considered at an April 21, 1981,
rneetInq.
, '
Hay presented no contrary enC)lneerInq information.
The city denied Hay's reque.ted c:hllnqe 'balled on the enqineering
report and for policy reaeon.. However, a rellolution was sent
to the Metropolitan Council informing the councll of Hay'lI
request for immediate Bewer .ervlce.
While this requell't wae
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sent to the Metropolitan council, the city did not endorBe Hay'.
development plan.
In response to a letter .ent by Hay'8 attorney, the'
Metropolitan Council stated that the .ubject property could be
included within the Coon Rapids interceptor if it was feasible
and prudent, and if the city reduced its other sewer acre&ge to
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Mar. 6.89 11:11 P.07
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e .er~iced by the Coon Rapids 8y~tem. It waB the Metropolitan
ouncil' 8 position to allow the ci1;.y itaelf to determine which
creage would be included within the coon Rapids interceptor,
he Metropolit.an Council ,pacified only the number of acres
hlch could be included 1n the interceptor.
Since April 1981, there has been no formal application or
petition made by appellants for sewer connection. Thi8 ~"ue
has not been before the city council since the April 21, 1981
meeting. However, Hay claims that he i.' still, Interested 1n
ha~in9 sewer service ext~nded to his pr~p.rty and has .tated
thIs desire to officialeof the city.
over the past several years, the city has extended municipAl
eewer service to several other parcels of property 'outeide the
Coon Rapids interceptor.
currently, .ewer pipe extends to
within 1500 feet of appellants' property.
several properties have been included in the Coon ~apids
interceptor which were not originally included in the area.
Recently the HUSA was expanded to include a corridor to a Behool
in the northeastern part of the city. The Metropolitan council
~greed to this extension without requirin9 acreage trading
because of the importance of the Bchool to the community. ' At
trial, a Metropolitan council witness noted that the .ame Bort
of community and plannin9 benefits would be considered if the
city had requested sewer for appellants' property. . The city hAS
4:)er requested an expansion of the coon Rapids interceptor to
accommodate Hay's development.
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Mar. 6.89 11:13 P,lU
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A, IE9perty interest of the special use permit
Appellants claim that the property which hilS b..n
unconstitutionally taken i8 Hay'lS property interest in the
special use permit.
However, a property interest such as a
special us~ permit does not translate into private property
which may be ta~en for e public purpose.
property interests are created and their dimensione defined
by existing rules or understanding that .tem from an,lndependerit
source, such as state law, rules or underBtandin~B that sup~ort
claims of entitlement to certain benefits. Littlefield v. Ci~
~,ufton, 785 F.2d 596, 600 (8th Cir. 1986). It. 1eqitimate claim
of entitlement can ari8e from procedures8stablhhed in Btatut.es
or re~ulations adopted by states or political subdivision..
l~. A special use permit would be a property interest, because
a municipality must issue a permit, and lacks any diecretion if
all conditions are met which would entitle an applicant to a
special use permit. S~ Id. at 602.
A property interest Is significant because it ie a federally
protected right, and before, a person is deprived of such a rlqht
there must be procedural dueproceBs of law and equal protection
of the law. Se~ ~d. at 600. Appellant has cited, no case which
elevates this property interest to private property which is
subject to the constitutional provision of taking. We concludo
that appellants have an interest in the special use permit wh~ch
o implicates constitutional restraints, euch as procedural due
process and equal protection, ~ Goldberg v. KellY, 397 U,S.
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254, 262 (1970), but euch a government benefit or grant doee not
constitute private property. gf, state by Mattson v. SauQen,
283 Minn. 402, 169 N.W.2d 37 (1969) (liquor license from a city
presently being used, is pa~t of the going-concern value of a
business entitled to compensation in condemnations where entire
fee ,was takon)."
Both the federal conetitutlon and the Minnesota State
constitution require that "private" property "hO;ll not be taken
without just compen8ation~ The property 'interest which Hay has
in 'the special use permit "is merely a government entitlement or
benefit.
'The trial court did not discuss this 1.'u., and
t~eated appellants' taking claim as if it were for the real
property and not the special use permit.
We hold that the
"pecial use permit given by the City of Andover 1s not privato
property and therefore not subject to a tak1ng claim. However,
we will a180 diBcuS8 the taking claim for appellants" real
estate.
B. Ripen~ss for.~~:lu~icat1on
The trial court ruled that since Hay had not ,applied' for
alternative UBes of his fifty acre tract, the claim, wae not ripe
for adjudication.
For a claim to be ripe for a taking, the
party mU8t apply for a variance from the regulations which ~l~ht
have allowed development of the property. See Willlam80n County
Region~Pla~ni~y-Co~iseion v. Hamilton Bank, 473 U.S. 172, 187
o
held that administrative remedies need not be pur8ued before
(1986).
However, the Minneeota supreme Court has con.htently
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Mar. 6.89 11:14 P.12
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litigation is commenced if it would be futile to pursue such
administrative remedies.
McShane v, City of Faribault, 292
N.W.2d 253, 256 (Minn. 1980).
The trial court wae correct in
holding that appellants have not attempted to obtain a variance
which would allow them to uee thei~ property in .ome manner
other than a mobJle home park~ while it may have been f~tile on
appellants' part to ask Andover to help them develop the mobile
home ~ark, it certainly would not have been futile to ask
Andover to allow them to develop their property in .ome other
"
manner. Accordingly, any taking claim for the underlying real
estate would not be ripe for adjudication.
Additionally, the'
taking claim for the Bpecial,u8e permit would not be ripe, .inee
appellants have not asked for relief since the initial denial in
1981.
C. ~ea8ona~le use of the property
Even though the trial court held that the takin9 claim wae
not ripe for adjudication, the trial court reached. the merits of
this issue and held that no taking had. occurred. A taking do..
not occur until a property owner i8 denied all reasonable ule of
hiB property by the exerciBe of police power in the re9ulatio~
of land use. See Mc~~, 292 N.W.2d at 257. It 18 undisputed.
that four other uses of appellants' property could be made at
this time without the necessity of .ewer connection. a) 39,000
square' foot lots; b) 2~1/2 acre lots, c) planned unit
o development of the property whieh combines variou. u... and
densities, d) rezoninQ of the property.
Appellants hav.
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Mar. 6,89 11:15 P,13
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successfully developed property immediately west of the subject
property as unsewered, single family lots.
Approval for that
subdivision was granted by the City of Andover. The trial court
correctly found nO taking, on the baeis that other u.e8 of the
property exil!lt.
Appellants,. on the other hand, argue that the governmental
action deprives them of all reasonable use of their perroit. The
city may 'have deprived appellants of reasonable use of their
permit until 1990, however, this doe. not constitute a taking,
althOugh appellants may be entitled to damages if the city's
action violates the due proces,l!I clause or the equal protection
clause,
II.
Appellants claim that the city'S denial of Hay's request for
a municipal sewer connection was arbitrary and capriciou8 and
was done without a rational basis. The trial court found that
the city had rational, reasons for placi~9 and Sllalntainlng
appellants' property in the CAB interceptor district and that
the decillion did not constitute arbitrary andcaprlc:lou.
action. The action which has been challenged by appellants Is' a
comprehensive plan decision l1\andated by the 1976 Land Use
phnning Act.!'ee Minn. Stat. S 473.951-473.872. Accordingly,
the decision will be upheld if there ie a rational basis for
it. ~ parFan~o Broth~, 425 N.w.2d at 589.
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Mar. 6.89 11:15 P.14
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The issue of sewer availability rests on desi9nation of
sewer district.s in Andover and whether the subject property
should have been included in t.he Coon Rapids, inst.ead of the CAB
system.
interceptor district since at least 1970 when hear!n9. were held
The subject property has been designated in the CAB
establhhing t.he districts.
Grow Township and the 'Cit.y of
Andover have designated western Andover as bein9 within tha,t
interceptor area. , (The 1976 en9ineers report referred to by
, ,
appel~ant8 contained several recommendations, however" the one
showing po~tions of wester~ Andover served by ,a lift station and
force main waS never adopted by the city as its sewer plan~)
Appellants accepted the permit, conditioned on municipal sewer
service, with knowledge that the property wall within the
diat.rict designated for CAB service.
It has been the
understanding that this area within I\.ndover would not, be
serviced until sometime after 1990, even t}lOU9h the CAB
interceptor would be completed by 1981. The comprehensive pl~n
adopted by Andover in 1980 maintained the wutern part of
Andover In the CAB interceptor di8trict.
Additionally, the MUSA line6 remained unchanged, althou9h
the city council and various neighborin9 property owners wished
to move the line so thllt it would be more difficult for
appellants' property to achieve .ewer service. Appellants cite
to minutes of a March 18, 1980 meeting of the city council where
o
thJ.s discussion occurred. The minutes st.ate in part.
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Mar. 6.89 11:16 P,15
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Mayor Windschitl fStated that if and when
8eWer and water is available, the city would
not be able to discriminate between putting
water in one area or another. Attorney
Hawkins stated that the city can do nothing
to stop the trailer court if and when sewer
is available.
This discussion relates to moving the MUSA line" it did not
change the interceptor district of appellants' property. The
engineer for the city in 1980 stated that he was concerned about
el iminating the total CAB interceptor area from the MUSA
boundary because it would eliminate t.he city's reserved ca~acity
In the CAB interceptor.
He BuggeBted that everything west of
that line ,be retained ~n the MUSA area but be serviced by the
CAB interceptor, which would reserve the city'. right for
capacity in ,the CAB interceptor. The council then tabled any
further discussion of changing the MUSA boundary line. Because
no official action was taken, there, can be no clallll for
arbitrary action, even if the council and the neighborll had
'thoughts about taking arbitrary action.
In 19B1, appellants requested that their property be changed
from the CAB interceptor district to the Coon Rapids interceptor
district.
Before acting on thi8 request, the city council
requested an engineer~ng report. The city denied Hay'. request
based on the conclusions ~nd recommendations of the engineering
report.
of the sewer pipe at a cost of $100,000, 2) 2100 feet of this
1) there would have to be a 3100 lineal foot extension
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extension is across private property for which easements mUllt be
obtained, J) there is no lateral benefit to 'adjacent, property
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for this extension, 4) the strip of CjJround lacks sufficient--
width to allow a street riCjJht-of-way, S) not all of the land
could be serviced by grevity, thus requiring a lift station,
6) extra frost protection would be needed, 7) the extension of
service from the Coon Rapids interceptor into this property 1s
inconsistent w~th the comprehensive sanitary sewer plan and the
,approved comprehensive plan of the city.
All of the above stated reasons constitute rational base.
for denying the rezoning of appellants' property.
At trial, , ,
however, Hay stated that he had procured an easement .0 that 'he
could hook up with the city sewer which 1. now only 1500 fe~t
away from his property.
Additionally, the expert enCJineer
testified that it would be feasible to service appellants'
property at this time, and that,a lift station 1s not nece..ary,
sInce the entire site could noW be serviced by gravity .ewer.
Furthermore, the expense cannot be a rational reason for denying
the extension of sewer since Hay has offered to provlde .11 work'
and materials at his own expense.
We believe it may be irrational to deny sewer to appellants'
property in 1988, however, circumstances 1n 1981 were different
than today and the city'. reasons were ratlonal at that tlme.
Because ther~ was a rational basls for the city's actions 1n
1981, there can be no violation of due proce.. or equal
o
protection or 42 U.S.C. 5 1983.
N.W.2d ot 599.
ill parranto Brothers, 425
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Ill.
The equitable doctrine of laches prevents a claim when a
party has unreasonably delayed in brin9i,ng a claim. See
Shortddqe,...Y...!-,paubl1lEY, 425 N.W.2d 840, 842 (Minn. 1988). The
,trial court held that appellants unreasonably delayed bringing
t.his suit and that t.he relief sought i. now difficult or
impos sible t.o achieve.
Appellants lallt asked the City of
Andover ,for immediate sewer service in April 1981.
No other
formal contact was made with the city before this suit wall
commenced in 1986.
The evidence at, trial shows th'at. much of the Coon Rapids
.'
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interceptor has now been filled. However, there i8 80me acreage
still available, but it is not shown whether this acreage 1s
sufficient to allow appellants' property to be hooked up to it.
If it is pos sible to place appellants' property in th'. Coon
F.apids interceptor, then prejudice has not occurred to the
city.
Additionally, ell neighboring propert.y own.ra ve;re on
o
notice t.hat HaY'1I land was subject to a special use permit for ·
mobile home park,
We believe it would be ironiC for this court to apply t~e'
equitable doctrine of laches against Hay, since Andover hall been
fighting the special use permit since it was ordered by the
supreme court in 1973. While appellants may have delayed five
years in bringing this action, it would have been premature for
appellants to petition the city because any attempt would have
been futile, and because circumstances have changed 80 that it
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Mar. 6,89 11:18 P.18
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is noW possible to connect appellants' property to city sewer.
The action by the city council clearly circumvents the lupreme
court's,decision in 1973, in which Hay was to receive a special
use permit 80 that he could develop a mobile home park.
At trial in 1988, Hay presented evidence showing that from
an enlJineerinfj standpoint, sewer is now available' to the
property, ~ This evidence wae not available 1n 1981 when the
council made its decision.
We affirm the trial court 1n all
matters, except that we ~ever8e the trial court.'s conclullio~
that appellant's claims are barred by laches. Appellants are
~11owed to bring their claim for immediate sewer service to the'
city council in light of the chanlJed circumstanoes.
The city',
Bhall,lJrant the claim so that the supreme court'. ~973 order
grantlng the special use permit wlll not be circumvented.
DEe I S ION
Affirmed in part, reversed in part.
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,~
APPENDIX B
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APPENDIX C
e
CITY of ANDOVER
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The planning and Zoning Commission of the City of Andover will
hold a public hearing at 7:30 p.m., or as soon thereafter as can
be heard, on Tuesday, June 27, 1989 at the Andover City Hall, 1685
Crosstown Blvd. NW, Andover, MN to review the proposed amendment
to the Andover Comprehensive Plan and Development Framework that
would add the following described property to the Metropolitan
Urban Service Area:
The Southeast 1/4 of the Northeast 1/4 of Section 30,
Township 32, Range 24, Anoka County, Minnesota.
AND
That part of the South 84 rods of Government Lot 1, Section
29, Township 32, Range 24, Anoka County, Minnesota, lying
northerly of the following described line: commencing at the
Southwest corner of Said Government Lot 1, then north 45 degrees,
00 minutes east, to the shore of Round Lake and there terminating.
(Approximate Property Address: 147th Ave, NW and 7th Avenue)
written and verbal comments will be received at that time and
location,
~w
Victoria Volk, City Clerk
o
9 32 24 22 0001
eRoy C, & S.M. Waneka
4791 Blackfoot Street
ndover, MN 55304
r 1\24 42 0033
o_~ & N,C, Dehn
4445 Guarani St,
dover, MN 55304
o 32 24 42 0031
hn & Mary Lou Ga1zki
4465 Guarani st,
dover, MN 55304
32 24 11 0010
ter & K,M, Raven
10 - 147th Lane NW
dover, MN 55304
32 24 12 0014
ffrey M. & H,R, Adler
790 Guarani st, NW
dover, MN 55304
32 24 13 0019
vid & Diane Rekucki
654 Guarani st,
dover, MN 55304
32 24 13 0037
rry J, & Wanda L,
Beckman
683 Guarani st,
dover, MN 55304
32 24 13 0040
raId & Theresa Odash
597 Guarani St.'
dover, MN 55304
32 24 13 0030
bert J, & Beverly A,
Bella
544 Guarani st, NW
dover, MN 55304
o
29 32 24 23 0001
Rosella Sonsteby
4151 - 141st Ave,
Andover, MN 55304
30 32 24 42 0015
Mark Haider
14440 Guarani st,
Andover, MN 55304
30 32 24 42 0032
Robert & N.C. Dehn
14445 Guarani st,
Andover, MN 55304
30 32 24 11 0011
David J. & Joan C, Mason
4050 - 147th Lane NW
Andover, MN 55304
30 32 24 12 0015
Charles A, & Bonnie J,
Martin
14745 Guarani st. NW
Andover, MN 55304
30 32 24 13 0034
Jerry A, & Sandra
Hutchinson
4252 - 146th Lane
Andover, MN 55304
30 32 24 13 0038
Stephen & Cora 0, Allyn
14650 Guarani Street
Andover, MN 55304
30 32 24 13 0041
Douglas & Charlene Yates
14567 Guarani st.
Andover, MN 55304
30 32 24 13 0042
Oarrel F, & Joni R: Spaeth
14541 Guarani St, NW
Andover, MN 55304
30 32 24 42 0014
Leo & B,A, Mudek
14450 Guarani st.
Andover, MN 55304
30 32 24 42 0016
Robert & Paulette Kuehn
4251 - 144th Lane
Andover, MN 55304
30 32 24 11 0009
Allen 0, & J.A, Wicklund
4180 - 147th Lane NW
Andover, MN 55304
30 32 24 11 0012
JBH Round Lk, Dev, Co.
4100 - 147th Lane NW
Andover, MN 55304
30 32 24 13 0018
patricio & Cheryl
Salamanca
4264 - 147th Avenue
Andover, MN 55304
30 32 24 13 0035
Bruce B, & Wendi K.
Andersohn
14582 Guarani St,
Andover, MN 55304
30 32 24 13 0039
James M, & Colleen
Haase
14651 Guarani st,
Andover, MN 55304
30 32 24 13 0029
Gerald J, & B,T.
Willenbring
4275 - 145th Ave. NW
Andover, MN 55304
30 32 24 13 0043
John R, & Kathleen A,
, Beck
14513 Guarani st. NW
Andover, MN 55304
e
e
/
APPENDIX D
o
~-
May 1, 1969
Honorable Mayor and
Members of the City Council
I respectively request that in any communications with the
Metropolitan Council with regard to sewer access to the Bruce
Hay property that the following of fact be noted:
1. The city believes it is being required by court order to
take this action.
2. This action is not the result of any city planning
decision. This action does not imply that the City believes
that any proposed use is prudent or in the best interests of
the city.
3. Any reference in City Comprehensive Plans or Zoning Maps
to the use of the property in question as a mobile home park
is the result of court order rather than any unprejudiced
planning effort.
4. Court ordered special use permit on property dates from
1974 when there was no development on adjoining properties.
5. There are no assurances that this development will
help the City meet the housing needs of low income families.
6. Adjoining properties have single family homes on 1 or 2.5
acre lots.
7. Residents of the neighborhood are opposed to the
development of a mobile home park on this parcel.
6. The impact of a mobile home park on the area school
system has not been evaluated.
9. Traffic, fire protection, and other safety issues
associated wi'th having a mobile home park on this parcel have
not been addressed.
~'J~~
Peter and Krin Rauen
o
Rep. TeresI Lynch
o District 50A
Anoka County
Minnesota
House of
, .
Representatives
June 27, 1989
Dear Concerned Residents of Andover:
I sincerely regret not being able to attend tonight's meeting
to discues the proposed changes to Andover'sCompreheneive
Development Plan. This ieBue is of great interest to me as
a resident of Andover and as your state representative. My
concerns are in sympathy with yours.
For approximately seventeen years this issue has been before
the City of Andover. At this point any change in law would
have to come from the local level. The final approval or
disapproval of the sewer plan is in the hands of the Metropolitan
Council.
After speaxing to staff at the Metropolitan Council, it is
my understanding that a city must 'request modification of
its development plan. The Minnesota Supreme Court has handed
down a decision ordering that Andover modify its development
plan. Clearly, at this point, the Minnesota Supreme Court
has taken the decision-making power out of the city's hands
and we must await the approval or disapproval of the sewer
service. I wil~ continue to support the efforts to achieve
responsible development in our neighborhoods.
I would request that the results of thie meeting be forwarded
to my office with which I am in constant contact during my
prearranged absence.
I look forward to meeting with area property owners upon my
return.
o
S~~tL
Teresa Lynoh
State Representative
/pc
4681181.t Lane NW, Andover, Mlnneeota 56304
Slate Office &ulldlng, 81. Paul, Minneeota 66166
,:,
(612) 421-3li22
(612) 296-5359
....
o
CITY of ANDOVER
MEMORANDUM
TO:
COPIES TO:
FROM:
DATE:
REFERENCE:
Andover Planning and Zoning Commission
Jay Blake, City
Program
July 13, 1989
Review of DNR
On June 27, 1989, the Andover Planning and Zoning Commission
directed the Planning Department to contact staff from the
Minnesota Department of Natural Resources regarding the potential
development of a boat access for Round Lake on the property
currently owned by Bruce Hay. I contacted Larry Killeen from the
Division of Trails and Waterways.
Mr. Killeen and Del Barber (also from the Division
Waterways) visited the property on July 12, 1989.
the Lake Access Acquisition program, was explained
several restrictions that make it an inappropriate
this site.
of Trails and
At that time,
to me, It has
program for
The Lake Access program may only acquire between two (2) and
seven (7) acres of property, The land must have good access to
the local road system and the property must be owned by a willing
seller, as the DNR has very limited condemnation powers.
Finally, the access must be on a lake with high recreational
and/or fishing potential, The average depth, size of the lake
and water quality make it difficult to justify this lake as a
high priority for DNR development, Both Killeen and Barber felt
that Round Lake is as an excellent wildlife lake and that a more
logical site for lake access development would be at the existing
canoe/boat launch owned by the City,
Therefore, the Planning Commission should consider the Bruce Hay
request for expansion of the Andover MUSA area based on the Court
decisions and not on potential DNR development of the site.
o
o
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N6
R'" E CElv tD~
, J U l I 0 1989
4296 145TH LANE NW
ANDOVER, MN 55304
,JUL.Y 8, 1 ~18~1
o
MR. LARRY KILLEN
DEPARTMENT OF NATURAL. RESOURCES
TRAILS AND WATERWAYS
1200 WARNER ROAD
ST. PAUL, MN 55106
CITY OF ANDOVER
D[AP I'm, t<ILL[N;
THIS LETTER IS A FOLLOW-UP OF THE LETTER, DATED JUNE 28, 1989, TO YOU FROM
LINETTE WISEMAN AND PATTI GLUMACK REGARDING LOTS 29 AND 30 OF THE CITY OF
ANDOVER FOR A WETLANDS PARK AND LAKE ACCESS TO ROUND L.AKE.
WHEN WE MOVED FROM KANSAS CITY TO THE TWIN CITIES, WE CHOSE A LOT TO BUILD
OUR HOUSE UPON BECAUSE OF rHE LARGE OAK TREES ON THE LOT AND THE LARGE PINE
TREES Ol~ THE EAST EDGE OF OUR DEVELOPt'IEtH. THESE PINE TREES ARE 11 PART OF LOTS
29 AND 30. ALSO, WHEN WE MOVED INTO OUR NEW HOUSE, WE ENJOYED EXPLORING THE
AREA BETWEEN OUR DEVELOPMENT AND ROUND LAKE. IT GAVE US A QUALITY OF LIFE THAT
WE HAVE NOT HAD PREVIOSLY.
ANOTHER ENJOYABLE ASPECT OF THE WILDERNESS AROUND ROUND LAKE IS THAT WE
HAVE DUCKS AND GEESE FLY OVER OUR HOUSE TO AND FROM ROUND lAKE. IT MAKES US
HAPPY THAT WE LIVE HERE, IT IS PART OF THE MINNESOTA THAT WE HAVE HEARD ABOUT
WHEN WE WERE LIVING IN OTHER STATES.
LOTS 28 AND 30 PROVIDES A 6000 HABITAT FOR WILDLIFE AND IT WOULD EVEN BE
BETTER UNDER THE MANAGEMENT OF THE DEPARTMENT OF NATURAL RESOURCES. ALSO, IT
COULD BE DEVELOPED FOR CROSS COUNTRY SKIING TRAILS AND A GOOD PLACE TO CANOE IF
GOOD ACCESS WAS PROVIDED. EXCELLENT NATURE TRAILS COULD BE PROVIDED THAT WOULD
INCLUDE INDIAN HISTORY. IT WOULD BE A HAVEN FOR BIRD WATCHERS. THERE IS A
POSSIBILITY THAT IT COULD PROVIDE SOME ARCEOLOGICAL FINDS.
AS MORE NEW HOUSING IS DEVELOPED IN THE ANDOVER ARE, IT BECOMES
INCREASINGLY IMPORTANT TO PROVIDE A HABITAT FOR WILDLIFE AND A WILDERNESS FOR
CHILDREN AND ADULTS TO ENJOY. THERE IS NO BETTER PLACE FOR IT THAN LOTS 29 AND
30 ON TH WEST SIDE OF ROUND LAKE,
o
IT WOULD BE SHAMEFUL TO SPOIL SUCH flN OPPORTUNITY TO DEVELOP THIS AREA FOR
ALL THE ABOVE BENEFITS BY THE DEVELOPMENT OF A HIGH DENSITY MANUFACTURED
HOUSING, THIS MANUFACTURED HOUSING IS ONLY BEING CONSIDERED DUE TO A LEGAL
TECHNICALITY THAT ORIGINATED WHEN THIS AREA WAS USED AS A TURKEY FARM. THIS
DEVELOPMENT GOES AGAINST THE PRINCIPLES OF PROPER ZONING. GENERALLY, MOBILE
HOME PARKS ARE ALONG HIGHWAYS AND NEAR COMMERCIAL AREAS; NOT IN THE CENTER DF
SINGLE RESIDENTIAL HOUSING NEXT TO A L.AKE USED BY WILDLIFE AND FOR THE ABOVE
MENTIONED USE OF THE PUBLIC,
o
o
PLEASE INITIATE A PROGRAM TO PRESERVE AND DEVELOP LOTS 29 AND 30, ADJACENT
TO ROUND LAKE FOR THE USE CW WILDLIFE AND THE COMPATIBLE USE OF THE PUBLIC.
SINCERELY,
eti1~~
CLETE LAUCf,
CC: JAY BLAKE, ANDOVER CITY PLANNER
THERESA LYNCH, STATE REPRESENTATIVE
LINETTE l<II ~,Et-1AN
RECEiV-En
JUN "5 0 1989 IU
June 28, 1989
Linette Wiseman (Lindy)
14821 Blackfoot Street
Andover, MN 55304
422-9301
o
-
Patti Glumack
4290-149th Avenue NW
Andover, MN 55304
421-5611
-
CITY,O~r ANDOVER
Mr, Larry Killeen
Trails and Waterways
1200 Warner ROad
St. Paul, Minnesota 55106
Dear Mr. Killeen,
This letter is in response to telephone conversations dated
June 27 and 28, 1989, with Brad Thompson and Larry Killeen. This
is a formal request of DNR consideration for obtaining Lots 29
and 30 of the City of Andover (Anoka County), for a wetlands park
and lake access to Round Lake.
Lots 29 and 30 are over 50% wetlands, with over 1000 feet of
lake front access to Round Lake (refer to map - Article #1). As
told to Lindy, by Mr. Tim Fell from the Army Corps of Engineers,
Lot 30 as well as Round Lake and its cattail fringes are State
protected wetlands. Article #2, is a brief description of the
natural beauty, wildlife, and points of interest of Round Lake,
There are two primary reasons for this request, Lindy, as a
lake front homeowner (A+ticle #1, *1) is concerned about the
public's inability to access the west side of Round Lake via a
public access, The only public access to the lake at this point
is on the east side of the lake, which is poorly developed and
lacks ample parking due to space limitations, Public trespass of
private properties to gain lake access is a recuring problem to
those homeowners on the west side of the lake. The public also
frequently gains access through the open lands of Lots 29 and 30.
Secondly, this request centers primarily on the intended use
of Lots 29 and 30, for the development of high density
manufactured housing, and intended mining of surrounding wetland
areas, for possible backfill on said acreage. [OWners: Mr. Bruce
B, Hay, of JBH Round Lake Development Corporation, and Ms.
Rosella Sonsteby (Article #1, *2 and *3)J Please note the
County Road #116 access to these lands (ArtiCle #1, *4).
There is strong neighborhood resistance to these intended
uses. Article #3 is a copy of a petition gathered at an open
public hearing regarding an application to the Metropolitan Waste
Council for sewer access, held June 27, 1989 (ArtiCle #4). There
were 150+ in attendance when Lindy Wiseman proposed approaching
the DNR to acguire said lands, Considerable positive reaction
was given to the proposal from those in attendance. Council
members took action designating City Planner, Jay Blake, to
approach the DNR.
o
o
o
Our desire is to preserve these natural resources and protect
the natural beauty and wildlife in this area (Article #3, *1) in
accordance with Minnesota Statewide Comprehensive Outdoor
Recreation Plan 1984-1989, Volumes I and II. Articles #5 and #6
taken from said volumes are enclosed and pertinant points
highlighted for your consideration.
Thank-you for your consideration in this request. We are
available for futher information, or documents as might be
needed. We look forward to hearing from you,
Sincerely,
~n eJ+~ lD i'Sem <.'L'^-
Linette Wiseman (Lindy)
-;1~ 00 ~
Patti Jo Glumack
cc: Jay Blake, Andover City Planner
Theresa Lynch, Minnesota State Representative
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any tUVeJL Olt 4.t1team, The f.a.ke .fA lte1.a.:ti.vei.y l.aJr.ge, but qui-te 4ha.Uow, ,
40 U 4hould no.t be lL6ed 601t 4uc.h. .typu 06 act.i..vi.:t:1.u a.6 tU:tteJL 4kli..n.g,'
4U1L6boa.JuUng Olt 4peedboati.ng, ThM .type 06 lL6e would -UteJr.all.y
du.t/toy a gltea.t deal 06 .the beau:ty and lL6e/td.nu4 06 .the l.a.ke /%J!.ea..
,',~, I.t.fA no.t a .typical. M.Umuo.t.a 6.<.4JUng f.a.ke, RlLtheJL, U.fA one. o~ '
':-it'~ '.the 6hr.u.t .tU:tteJL60Ull. and w.il.dU6 e habli.a.t. f.a.ku .in c.e.n.tlta.t M.Umuo.t.a.", "
':>:::::~ Round Lake. ~d .the. Mea.' 4U/1Jl.OuncUng u:. Me 1.dea.Uy 4ui-te.d -..to 4uc.h'Y,{:'
i:i,~, oLLtdoOIt ac:t1.vi.:t:1.U a4 c.dnOWtg; c.It044-c.oan:tJr.y 4kUn.g, 4.uJ:w.g~ b1Jr.d,-;,:;:
~;~:':..,wa:tcJUY1g and hilWtg ~',: Be.c.au.6e. .the. lake ,i.6 ~ha.Uoui .theJl.e. ,i.6 an~ ;i:r>::"e':" ,,:.. :',
>:;~Y:t" abundanc.e 06 nu.thtg:'duc.k(;';" and,U .fA one 06 .thi"4oUthWtm04.t l.a.ku ';\:::;":,~:~~,~c:r::~,:, :,'
',"2(}~r;'WU:h ' nU.t.in~ ' l.o~ ~: ';;; In' .the' 6a.U.., ,:the, f.a.ke. ,,-!A ;', hea.vU.yU6 ed by, mi.giuLt;,(.ng ,'?;:: }:i);;Tl:~',~!, t::
::::~<:, tU:tteJL60Ull.~' .utc.f.UcUng, dtic.fUl; geue,' and 4llt:ln.6.:::, Round lake a.ppalten:te.Y';~..:::~~"J~':;~\i:',!:,,:,;,:
, :':S'l!;:b'.u ,4Uu.a.te.d a.l.cmg' a ma.j olt mi.gtia.t.ion. 6l.yi.u1y 601i. .the white, 4llt:ln.6 ,,:\~,;,'~-..';;:;:':":':;'1i~i,:~];/ ' :::0-:
: ;;,i:~~l~" A6 a. ltuu1:t , a..t :Umu dulI1.ng .60 me.m.i.gJr.a:ti.o n .6 wci til. .theJLi Me h.U.ndJte.c:L6 ";":;:Y;:::o;:;" ;" ;?\, ,
~{~;,~~,,~.~'t~':~~;~~,~~~#,,~~fi~~~~4*,~ "~;!~:p; ;~:~~'t"r.IBi
'..::<,~i71:.."Folt many c.en..tulU.U .tIU.6 Mea. un& home.:to .the., baUa.l.o. ,ThAA,ha:4 be.en ',," ",;;:tl1';;:::";i.;,;.c
, :'..: ;:~"/ e.v1.denc.ed by buUa.l.ollttUoW6' and many 60i:..6UA ~".includ.ing .the plte.- ?'F~:.t>L;::i;;',::~,;:;.. :':":~"
');'-'F~1! hU:toiti.c. ma.6:todon.'" A6 a.ltuUUO 6.the.tr1.c.h.nui06 .the. wi..f.dU6e.,.,.:;,t',:':'~':/; ~'6',~~'f-<;' , ;;~:
:""*,~'~~' .the. Mea. a1.40.6eJLved a.6 home. :to cU.UeJLen:t,IncU.aii ;tir1.bu; .inclucU.n,g , :,' .'
, ',~~i, " .the. Sioux. and .the. ChippWI, ' ,NealL .the f.a..ke. 'lAli6an 1ncU.an. buJt.i.a.t gltOU1ld...,:,:, ',,'
~,:c,;',whic.h ltuu1:ted 61tOm a 6amolL61853 ba:t:tl.e. be.twe.en.the. S.i.ouXand ChippWI ~,,:,';,
':.',/' ~be4;> ,:,: ,,:'..,(r.~<:,,/':~,;,~:,;.,':'{;; -:,:;:::,~:::.:;:\~;, '~~,<~",;::~ ",' O:::,V;~;': ' ' ' " .. ,.,,',
JlL6.t :to.the. wu.to6.the. Lake.'.u' an ol~{ clA.y'pU.~' Thi.I/'c1a.y' uxU. u6e.o.
by .the. IncU.a.ru. 601t mafUng po:t:teJLY and. pipu~ ThM .6ame. ma..teJLial';' , ,
un& la..teJL lL6ed 601t .the. manu6a.c.tuIte. 06 .the ye1.1.ow btr1.c.k 601t c.oru..tJui.c.:tion
06 homu and o.theJL bu.UcUng4, Many o~ .thue: .6.t1tuc..tultu Me. .6Ull. .in
lL6e. :today .inc.f.ucUn.g .6e.ve.1ta.l.homu, .6:toItU on Akin S.tIte.e.t .in Anoka.,' and
.the. .i.n61.de. lU:l.il.4 06 .the old Mhr.nea.poU6 CDUILtholL6 e.. ',' , " , , ,
The. Mea. c.o'niutu~ :to have. an abundanc.e. 06 w.il.dU~e. - bo.th an.ima.U and
b.iJuJ-6 - .i.nc.f.ud.ing wh,Lteta,il dc.C'/I., ~OX, minh, mUllhJraf, vtt!r.ioIl6 fypt?6
06 tU:tteJL60Ull. men.t.i.oned a.bove, phea.-6a.n.U, 1tU.66ed gltOU.6e." and many mOlLe..
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, 'Al+IJ~ its
Issue 2: Conserving and
Protecting Natural
Resources for
Recreation
Keeping our existing recreation resources in top condi-
tion efficiently ensures opportunities for future genera-
tions. At the same time, conservation decreases the
long.range cost of providing public recreation re-
sources. Sometimes, resources lost to development can
never be reclaimed or are virtually impossible to re-
claim, as is the case with a viable prairie biome in
Minnesota, When reclamation is more possible, costs
tend to be high and the results often fall. short of expec-
tations. An example of high-cost reclamation is the
retum of the Twin Cities portion of the Mississippi River
to fishable and swimmable conditions, which will re-
quire $600 million in public works projects. Even at
that price, govemment managers are not certain that
the objective of fishable and swimmable waters can be
reached. '
This issue discussion supports existing conservation 'and
protection practices that preserve Minnesota's outdoor
recreation resources. In addition, it provides descrip-
tions of new conservation initiatives that hold promise
for improved resource protection. This discussion looks
at conservation and protection of water-oriented re-
sources, land resources and special resources with out-
standing state or national significance.
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Water-Oriented Resources
Water Quality
Minnesota's abundance of lakes and streams deter-
mines in large measure what Minnesotans do for recre-
ation and why nonresidents select Minnesota for recre-
ation. As evidenced by the state's nation-leading per
capita boat ownership-one boat for every six
people-Minnesotans spend a great deal of time in,
on and around our recreational waters.
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To protect water quality Minnesota should continue to
forcefully pursue remedies to water-quality problems.
Our state must vigorously pursue a solution to the acid-
rain problem. The large geographic area involved in
the creation and spread of acid rain makes the problem
especially difficult to manage. It is an interstate problem
requiring a federal commitment to solution, and it is
an intemational problem that requires nations to agree
on strategy and take action. Notwithstanding these dif-
ficult political problems, there are technical solutions
that limit acid-rain-causing emissions, It has been de-
monstrated in Minnesota over the last two decades that
substantial reductions in emissions of sulphur dioxide
(the primary precursor of acid deposition in the state)
can be achieved through fuel switching and scrubbing
of flue gases.
More Icx;alized sources of water pollution also pose a
serious problem. Inadequately treated effluent from
factories, poorly designed septic systems and runoff
from urban and agricultural areas introduce harmful
chemicals and accelerate eutrophication. In eutrophica-
tion, silt and sediments fill in a lake or stream bottom,
covering valuable fish-spawning habitat. Nutrient levels
rise, increasing populations of bacteria which fisheries
experts suspect may be harmful to fish eggs, Some
industrial chemicals resist biological breakdown to
harmless by-products, They accumulate and concen-
trate as they move up the food chain toward human
consumers, Minnesota has experienced too many
examples of this process-warnings against,eating fish
that harbor harmful levels of toxic substances.
To solve these problems the state must press ahead'
with point- and nonpoint-source pollution abatement
programs conducted by the Minnesota Pollution Con-
trol Agency, Surface water management in the Twin
Cities metropolitan area, for instance, is' mandated
under Minnesota law. The implementation of this pro-
gram could solve a major share of the metropolitan
surface runoff problems,
Not to be lost in the pursuit of good water quality are
preventive ptograms. For example, wise use and de-
velopment of floodplains can keep many shoreland
pollution problems at a minimum, The state should
continue to identify floodplains through the floodplain
inventory. As urban areas expand and are redeveloped,
public authorities can work to preserve floodplains as
recreation areas and open space. This effort should
include such initiatives as financial incentives-sub-
sidies, flood-insurance denials and tax breaks-to keep
industrial development out of floodplains, Keeping in-
dustry out of the floodplain would reduce both long-
term industrial pollution and the catastrophic resource
degradation which results from flooding, The effort
should also include accelerated training for public offi-
cials that shows them the risks of floodplain develop-
ment and the benefits of using floodplains for recreation
purposes.
f'The improper use of shoreland also can have severiJ
ljffects on the water quality of our recreational lakes
and streams. The DNR should continue to work
through county and municipal zoning authorities to
ensure that existing shoreland ordinances are effec-
tively implemented so that shoreland development
does not impair water quality. If necessary, the DNR
should strengthen the model shoreland-development
5,006
standards and encourage counties and municipalities
to adopt and administer stronger standards.
Shorelands ~
The demand for lakeshore property is decreasing ac-
cess to lakes and lakeside recreation for those who
don't own lakeshore, On our most heavily developed
lakes, finding a place to picnic or rest is difficult, if not '.
impossible, The lakes often are ringed with private
homes, sometimes located on public property. And
there doesn't seem to be much hope for improvement.
In fact, demand for lakeshore homes is likely to explode
as baby-boomers reach ages at which they can afford
to purchase lakeshore property, At the same time, light
manufacturing and service industries are relocating in
areas that offer water-resource amenities to draw young
skilled workers. In preparation for these changes Min-
nesota must use its computerized lakeshore inventory
to delineate where new development is likely to con-
centrate and to identify key, undeveloped parcels able
to serve common public needs for recreation space on
lakes that are now, or are likely to become, heavily
developed, If those parcels are publicly owned, they
should be dedicated to a lakeshore wayside program.
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When development occurs on shoreland, developers
and landowners frequently alter the character of the
shoreland. Bushes are removed, trees are cut and
the land is often graded. Yet today, even on some of
the most heavily developed lakes, stretches of shore-
land exist largely in their original condition. The DNR
should develop programs to preserve portions of state
shorelands that reflect the natural character of these
resources.
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Rivershore, like lakeshore, provides both recreation op-
portunity and attractive building sites. As developers
continue to reduce the supply of desirable lakeshore,
pressures on rivershore may grow. While lakeshore
development problems such as small lot sizes and poor
sewage systems were not widely appreciated until wel
after many of the state's top lakes were developed
rivershore development is relatively new. Good man
agement of rivershore development, starting now, ca
avoid repetition of lakeshore problems. To preven
rivershore development problems, the DNR shoul
strengthen its existing rivershore protection program
The process to upgrade lakeshore and rivershore mode
regulations should continue. Counties should be th
primary administrators of the program. In addition, th
DNR should continue to monitor resource condition
along state wild and scenic rivers to ensure that the
natural character of the rivers is maintained. On the
state's canoe and boating rivers~the departmentshoul
continue to monitor resource and facility conditions
and where necessary take steps to improve resource
or repair damage. To measure the success of the wil
and scenic river and canoe and boating route acquisi-
tion and easement-purchase programs. the DNR
should continue to develop purchase priorities. These
priorities would direct efforts to protect rivers. Similar
systems in the DNR's Trails and Waterways Unit and
Division of Parks and Recreation have strengthened
the administration and success of their acquisition pro-
grams.
Wetlands
Wetlands long have been important resources for rec-
reation. They produce waterfowl, and are effective in
the management of water quality and quantity. These
multiple roles warrant renewed emphasis on wetland
preservation.
In the next five years the state should protect our re-
maining wetlands because of their overall importance
to water quality, flood control, groundwater recharge,
wildlife production, and additional recreational con-
cerns, Local governments should actively pursue wet-
land conservation as part of their overall development
planning, including recreation planning,
The federal government should continue to expand
programs for wetland creation and reestablishment.
Any such efforts should involve and heavily rely on
state and national waterfowl and wetland preservation
, organizations such as the Minnesota Waterfowl Associ-
ation and Ducks Unlimited.
The next five years promise a rapid increase in hunting
pressure on waterfowl. Increasing populations {and
hunters} in the Sunbelt, the southern end of the North
American waterfowl migration routes, may be as
damaging to waterfowl populations as the draining of
the northern pot-hole regions. Federal waterfowl spe-
cialists should closely examine the effects on migratory
waterfowl of explosive Sunbelt population growth, and
draining and filling for agricultural, industrial, and urba
development. Federal intervention may be necessa
to ensure that wetland conservation and preservatio
efforts in Minnesota result in expanded waterfowl pro
duction.
Land Resources
Both urban and rural lands provide outdoor recreation
opportunities. Conservation and protection of these
lands will help maintain the quality of life that is one
of Minnesota's advantages. Urban recreation-resource
conservation should concentrate on several target
areas, Local, state and federal governments should
continue to provide open space and land for future
recreation development in expanding urban and sub-
urban locales. Methods such as zoning and requiring
land donation from developers should be used along
5.007
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archaeological resources in Minnesota and to develop
supporting facilities and programs for an outdoor rec-
reation system that provides quality recreation and aes-
thetic experiences for all persons.
Objectives of the Outdoor Recreation
System
To achieve the outdoor recreation system goals, certain
objectives have been established. These objectives are
general in nature and are intended to provide an overall
guide for developing the recreational system.
1i) To incorporate into the outdoor recreation system
resource areas of high quality and diversity in suffi-
cient quantity to conserve for the public's benefit
the state's natural, historical and archaeological
heritage.
'@To provide sufficient recreation resources (lands,
waters and facilities) to meet the recreation interests
and needs of all Minnesotans and visitors.
3. To achieve full Cooperation and coordination
among the public agencies and the private entities
that have jUrisdiction over components of the recre-
ation system. The speCific capabilities of each
agency should be recognized and used to achieve
the best planning, development, operation, mainte-
nance and protection of outdoor recreation areas
and to ensure visitor satisfaction with those areas.
4. To assist the several levels of govemment to develop
recreational facilities which are best suited to meet
their constituents' needs, within the systems goals.
5. To assist govemment agencies in seeking financing
to achieve their objectives.
6. To maximize the participation of private sector rec-
reation suppliers. The public sector should provide
only those facilities which the private sector cannot
provide.
7 , To remain flexible enough to meet changing needs
of the public or conditions of the resources.
8. To continue research on recreation problems to
provide planners and administrators with the data
necessary to protect resources and meet recreation
needs.
(:). To monitor the condition of recreation and open
\;!) space areas so that deterioration of resources can
be arrested before it becomes irreversible.
10. To prOvide and expand facilities and programs for
environmental education wherever feasible.
1.002
11. To provide readily available and acceSsj
door recreation opportunities to all resid
visitors regardless of disability, age, sex,
dence or economic status.
Contents of the Plan
To accomplish the above goals and objectives,
contains a description of Minnesota's natu~
human resources; an updated inventory of the
recreational lands and facilities; a process for d
ing the present and future demand for various a '
an analysis of recreation facility users; and an
program to meet recreation needs.
The Department of Energy and Economic D
ment (DEED) is responsible for coordinating
range, statewide economic development and la
planning, as well as various phases of regional,
and municipal planning.
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The data systems established by the Departm~
Natural Resources (DNR) and DEED can provide' ; dailJ
mation to a~d other.agencies an~.local un!ts of gl' ~,.~,
ment in theU' planmng and deCISion making. posF
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Planning for water and related land resources willi ", ;8'$
integrated into plans of other states through river hIA' 'fi~
commissions, the National Park Service and other! - :::;,
ganizations that communicate across state boundaries ,';,
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Public Input
A common pitfall of many planning processes is i
adequate public involvement-too little and too 1aI
Less well known but equally common is another pitfa
a relatively narrow base of public input centered mairi
in small, highly interested groups, which tends to ck
stroy the balanced perspective that any valid involVl
ment process must display. Any single method of sc
Iiciting public involvement is open to either deficiency,
To ensure a wide spectrum, of opinion and expresSEl
need, the SCORP planning process employed a mul
tiple-source approach. The bulk of public input cam
from three major, separate efforts, each targeted to I
specific recreational clientele.
First, an Outdoor Recreation Policy Advisory Commit:
tee (ORPAC) solicited the advice of citizens interestec
in outdoor recreation. This committee is made up 01
federal, state, city, local government and special interest
group representatives. It is through ~RPAC that issues
are raised, SCORP drafts are reVIewed, and future
LAWCON funding priorities are set before being sent
to the governor for his signature.
Second, representatives of Minnesota's Association of
Regional Commissions (MARC) provided direction
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'WE THE UNDERSIGNED REQUEST THAT AN ENVIRONMENTAL ASSESSMENT WO~SHEET 3'
BE DONE FOR THE WETLANDS, UPLANDS, AND ROUND LAKE AREA THAT WOULD BE )'
AFFECTED BY THE DEVELOPMENT PLANS FOR A 2~~+ MOBILE HOME PARK IN
ANDOVER, MINNESOTA (ANOKA COUNTY: SECTIONS 29 AND 30),
THE OWNER OF RECORD OF THIS PROPERTY IS THE J,B.H. ROUND LAKE
DEVELOPMENT CORPORATION, 4550 CENTAL AVENUE NE, COLUMBIA HEIGHTS,
INNESOTA, THE DEVELOPER OF THE MOBILE HOME PARK IS MR, BRUCE B. HAY,
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HOUSING COULD ADVERSELY AFFECT THE LAKE AND SURROUNDING AREA,
PLEASE SIGN BY HOUSEHOLD, YOUR NAME AND MAILING ADDRESS,
FOR INFORMATION CONTACT PETITION ORIGINATORS:
LYNETTE WISEMAN PATTI GLUMACK
14821 BLACKFOOT STREET 4290-149TH AVENUE NW
ANDOVER, MINNESOTA ANDOVER, MINNESOTA
422-9301 421-5611
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BE DONE FOR THE WETLANDS, UPLANDS, AND ROUND LAKE AREA THAT WOULD BE
AFFECTED BY THE DEVELOPMENT PLANS FOR A 200+ MOBILE HOME PARK IN
ANDOVER, MINNESOTA (ANOKA COUNTY: SECTIONS 29 AND 30).
THE OWNER OF RECORD OF THIS PROPERTY IS THE J.B.H. ROUND LAKE
DEVELOPMENT CORPORATION, 4550 CENTAL AVENUE NE, COLUMBIA HEIGHTS,
MINNESOTA, THE DEVELOPER OF THE MOBILE HOME PARK IS MR, BRUCE B. HAY.
WE THE UNDERSIGNED ARE CONCERNED ABOUT THE WILDLIFE IN THE AREA: THE
MANY BEAVER DAMS, CATTAIL AREAS WHICH PROTECT WOOD DUCK, MALLARD AND
CANADIAN GOOSE NESTING, TURTLES AND OTHER SUCH WILDLIFE AS SUPPORTED
BY WETLAND AREAS, WITH 1000 FEET OF SHORELINE, THIS HIGH DENSITY
HOUSING COULD ADVERSELY AFFECT THE LAKE AND SURROUNDING AREA.
PLEASE SIGN BY HOUSEHOLD, YOUR NAME AND MAILING ADDRESS,
FOR INFORMATION CONTACT PETITION ORIGINATORS:
LYNETTE WISEMAN PATTI GLUMACK
14821 BLACKFOOT STREET 4290-149TH AVENUE NW
ANDOVER, MINNESOTA ANDOVER, MINNESOTA
422-9301 421-5611
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BE DONE FOR THE WETLANDS, UPLANDS, AND ROUND LAKE AREA THAT WOULD BE
AFFECTED BY THE DEVELOPMENT PLANS FOR A 200+ MOBILE HOME PARK IN
ANDOVER, MINNESOTA (ANOKA COUNTY: SECTIONS 29 AND 30),
THE OWNER OF RECORD OF THIS PROPERTY IS THE J,B.H. ROUND LAKE
DEVELOPMENT CORPORATION, 4550 CENTAL AVENUE NE, COLUMBIA HEIGHTS,
MINNESOTA, THE DEVELOPER OF THE MOBILE HOME PARK IS MR, BRUCE B. HAY.
WE THE UNDERSIGNED ARE CONCERNED ABOUT THE WILDLIFE IN THE AREA: THE
MANY BEAVER DAMS, CATTAIL AREAS WHICH PROTECT WOOD DUCK, MALLARD AND
CANADIAN GOOSE NESTING, TURTLES AND OTHER SUCH WILDLIFE AS SUPPORTED
BY WETLAND AREAS, WITH 1000 FEET OF SHORELINE, THIS HIGH DENSITY
HOUSING COULD ADVERSELY AFFECT THE LAKE AND SURROUNDING AREA.
PLEASE SIGN BY HOUSEHOLD, YOUR NAME AND MAILING ADDRESS.
FOR INFORMATION CONTACT PETITION ORIGINATORS:
LYNETTE WISEMAN PATTI GLUMACK
14821 BLACKFOOT STREET 4290 -149TH AVENUE NW
ANDOVER, MINNESOTA ANDOVER, MINNESOTA
422-9301 421-5611
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AFFECTED BY THE DEVELOPMENT PLANS FOR A 200+ MOBILE HOME PARK IN
ANDOVER, MINNESOTA (ANOKA COUNTY: SECTIONS 29 AND 30).
THE OWNER OF RECORD OF THIS PROPERTY IS THE J .B.H. ROUND LAKE
DEVELOPMENT CORPORATION, 4550 CENTAL AVENUE NE, COLUMBIA HEIGHTS,
MINNESOTA. THE DEVELOPER OF THE MOBILE HOME PARK IS MR. BRUCE B. HAY.
WE THE UNDERSIGNED ARE CONCERNED ABOUT THE WILDLIFE IN THE AREA: THE
MANY BEAVER DAMS, CATTAIL AREAS WHICH PROTECT WOOD DUCK, MALLARD AND
CANADIAN GOOSE NESTING, TURTLES AND OTHER SUCH WILDLIFE AS SUPPORTED
BY WETLAND AREAS. WITH 1000 FEET OF SHORELINE, THIS HIGH DENSITY
HOUSING COULD ADVERSELY AFFECT THE LAKE AND SURROUNDING AREA.
PLEASE SIGN BY HOUSEHOLD, YOUR,NAME AND MAILING ADDRESS.
FOR INFORMATION CONTACT PETITION ORIGINATORS:
LYNETTE WISEMAN PATTI GLUMACK
14821 BLACKFOOT STREET 4290-149TH AVENUE NW
ANDOVER, MINNESOTA ANDOVER, MINNESOTA
422-9301 421-5611
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BE DONE FOR THE WETLANDS, UPLANDS, AND ROUND LAKE AREA THAT WOULD BE
AFFECTED BY THE DEVELOPMENT PLANS FOR A 200+ MOBILE HOME PARK IN
ANDOVER, MINNESOTA (ANORA COUNTY: SECTIONS 29 AND 30),
THE mWER OF RECORD OF THIS PROPERTY IS THE J .B.H. ROUND LAKE
DEVELOPMENT CORPORATION, 4550 CENTAL AVENUE NE, COLUMBIA HEIGHTS,
MINNESOTA. THE DEVELOPER OF THE MOBILE HOME PARK IS MR. BRUCE B. HAY,
WE THE UNDERSIGNED ARE CONCERNED ABOUT THE WILDLIFE IN THE AREA: THE
MANY BEAVER DAMS, CATTAIL AREAS \'lHICH PROTECT WOOD DUCK, MALLARD AND
CANADIAN GOOSE NESTING, TURTLES AND OTHER SUCH WILDLIFE AS SUPPORTED
BY WETLAND AREAS. WITH 1000 FEET OF SHORELINE, THIS HIGH DENSITY
HOUSING COULD ADVERSELY AFFECT THE LAKE AND SURROUNDING AREA.
PLEASE SIGN BY HOUSEHOLD, YOUR NAME AND MAILING ADDRESS.
FOR INFORMATION CONTACT PETITION ORIGINATORS:
LYNETTE WISEMAN PATTI GLUMACK
14821 BLACKFOOT STREET 4290-149TH AVENUE NW
ANDOVER, MINNESOTA ANDOVER, MINNESOTA
422-9301 421-5611
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BE DONE FOR THE WETLANDS, UPLANDS, AND ROUND LAKE AREA THAT WOULD BE
AFFECTED BY THE DEVELOPMENT PLANS FOR A 200+ MOBILE HOME PARK IN
ANDOVER, MINNESOTA (ANOKA COUNTY: SECTIONS 29 AND 30).
THE OWNER OF RECORD OF THIS PROPERTY IS THE J.B.H. ROUND LAKE
DEVELOPMENT CORPORATION, 4550 CENTAL AVENUE NE, COLUMBIA HEIGHTS,
MINNESOTA. THE DEVELOPER OF THE MOBILE HOME PARK IS MR. BRUCE B. HAY.
WE THE UNDERSIGNED ARE CONCERNED ABOUT THE WILDLIFE IN THE AREA: THE
MANY BEAVER DAMS, CATTAIL AREAS walCH PROTECT WOOD DUCK, MALLARD AND
CANADIAN GOOSE NESTING, TURTLES AND OTHER SUCH WILDLIFE AS SUPPORTED
BY WETLAND AREAS. WITH 1000 FEET OF SHORELINE, THIS HIGH DENSITY
HOUSING COULD ADVERSELY AFFECT THE LAKE AND SURROUNDING AREA.
PLEASE SIGN BY HOUSEHOLD, YOUR NAME AND MAILING ADDRESS.
FOR INFORMATION CONTACT PETITION ORIGINATORS:
LYNETTE WISEMAN PATTI GLUMACK
14821 BLACKFOOT STREET 42ge-149TH AVENUE NW
ANDOVER, MINNESOTA ANDOVER, MINNESOTA
422-9301,. 421-5611
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WE THE UNDERSIGNED REQUEST THAT AN ENVIRONMENTAL ASSESSMENT WORKSHEET
BE DONE FOR THE WETLANDS, UPLANDS, AND ROUND LAKE AREA THAT WOULD BE
AFFECTED BY THE DEVELOPMENT PLANS FOR A 200+ MOBILE HOME PARK IN
O ANDOVER, MINNESOTA (ANOKA COUNTY: SECTIONS 29 AND 30).
THE OWNER OF RECORD OF THIS PROPERTY IS THE J.B.H. ROUND LAKE
DEVELOPMENT CORPORATION, 4550 CENTAL AVENUE NE, COLUMBIA HEIGHTS,
MINNESOTA. THE DEVELOPER OF THE MOBILE HOME PARK IS MR. BRUCE B. HAY.
WE THE UNDERSIGNED ARE CONCERNED ABOUT THE WILDLIFE IN THE AREA: THE
MANY BEAVER DAMS, CATTAIL AREAS WHICH PROTECT WOOD DUCK, MALLARD AND
CANADIAN GOOSE NESTING, TURTLES AND OTHER SUCH WILDLIFE AS SUPPORTED
BY WETLAND AREAS. W1TH 1000 FEET OF SHORELINE, THIS HIGH DENSITY
HOUSING COULD ADVERSELY AFFECT THE LAKE AND SURROUNDING AREA.
PLEASE SIGN BY HOUSEHOLD, YOUR NAME AND MAILING ADDRESS.
FOR INFORMATION CONTACT PETITION ORIGINATORS:
LYNETTE WISEMAN PATTI GLUMACK
14821 BLACKFOOT STREET 4290-149TH AVENUENW
ANDOVER, MINNESOTA ANDOVER, MINNESOTA
422-9301 421-5611
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WE THE UNDERSIGNED REQUEST THAT AN ENVIRONMENTAL ASSESSMENT WORKSHEET
BE DONE FOR THE WETLANDS, UPLANDS, AND ROUND LAKE AREA THAT WOULD BE
AFFECTED BY THE DEVELOPMENT PLANS FOR A 200+ MOBILE HOME PARK IN
ANDOVER, MINNESOTA (ANOKA COUNTY: SECTIONS 29 AND 30).
THE OWNER OF RECORD OF THIS PROPERTY IS THE J.B.H. ROUND LAKE
DEVELOPMENT CORPORATION, 4550 CENTAL AVENUE NE, COLUMBIA HEIGHTS,
MINNESOTA. THE DEVELOPER OF THE MOBILE HOME PARK IS MR.. BRUCE B. HAY.
WE THE UNDERSIGNED ARE CONCERNED ABOUT THE WILDLIFE IN THE AREA: THE
MANY BEAVER DAMS, CATTAIL AREAS WHICH PROTECT WOOD DUCK, MALLARD AND
CANADIAN GOOSE NESTING, TURTLES AND OTHER SUCH WILDLIFE AS SUPPORTED
BY WETLAND AREAS. WITH 1000 FEET OF SHORELINE, THIS HIGH DENSITY
HOUSING COULD ADVERSELY AFFECT THE LAKE AND.SURROUNDING AREA.
PLEASE SIGN BY HOUSEHOLD, YOUR NAME AND MAILING ADDRESS.
FOR INFORMATION CONTACT PETITION ORIGINATORS:
LYNETTE WISEMAN PATTI GLUMACK
14821 BLACKFOOT STREET 4290-149TH AVENUE NW
ANDOVER, MINNESOTA ANDOVER, MINNESOTA
422-9301 421-5611
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WE THE UNDERSIGNED REQUEST THAT AN ENVIRONMENTAL ASSESSMENT WORKSHEET
BE DONE FOR THE WETLANDS, UPLANDS, AND ROUND LAKE AREA THAT WOULD BE
AFFECTED BY THE DEVELOPMENT PLANS FOR A 200+ MOBILE HOME PARK IN
ANDOVER, MINNESOTA (ANOKA COUNTY: SECTIONS 29 AND 30).
THE OWNER OF RECORD OF THIS PROPERTY IS THE J.B.H. ROUND LAKE
DEVELOPMENT CORPORATION, 4550 CENTAL AVENUE NE, COLUMBIA HEIGHTS,
MINNESOTA. THE DEVELOPER OF THE MOBILE HOME PARK IS MR. BRUCE B. HAY.
WE THE UNDERSIGNED ARE CONCERNED ABOUT THE WILDLIFE IN THE AREA: THE
MANY BEAVER DAMS, CATTAIL AREAS WHICH PROTECT WOOD DUCK, MALLARD AND
CANADIAN GOOSE NESTING, TURTLES AND OTHER SUCH WILDLIFE AS SUPPORTED
BY WETLAND AREAS. WITH 100~ FEET OF SHORELINE, THIS HIGH DENSITY
HOUSING COULD ADVERSELY AFFECT THE LAKE AND SURROUNDING AREA.
PLEASE SIGN BY HOUSEHOLD, YOUR NAME AND MAILING ADDRESS.
FOR INFORMATION CONTACT PETITION ORIGINATORS:
LYNETTE WISEMAN PATTI GLUMACK
14821 BLACKFOOT STREET 4290-149TH AVENUE NW
ANDOVER, MINNESOTA ANDOVER, MINNESOTA
422-9301 421-5611
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BE DONE FOR THE WETLANDS, UPLANDS, AND ROUND LAKE AREA THAT WOULD BE
AFFECTED BY THE DEVELOPMENT PLANS FOR A 200+ MOBILE HOME PARK IN
O ANDOVER, MINNESOTA (ANOKA COUNTY: SECTIONS 29 AND 30).
THE OWNER OF RECORD OF THIS PROPERTY IS THE J.B.H. ROUND LAKE
DEVELOPMENT CORPORATION, 4550 CENTAL AVENUE NE, COLUMBIA HEIGHTS,
MINNESOTA. THE DEVELOPER OF THE MOBILE HOME PARK IS MR. BRUCE B. HAY.
WE THE UNDERSIGNED ARE CONCERNED ABOUT THE WILDLIFE IN THE AREA: THE
MANY BEAVER DAMS, CATTAIL AREAS WHICH PROTECT WOOD DUCK, MALLARD AND
CANADIAN GOOSE NESTING, TURTLES AND OTHER SUCH WILDLIFE AS SUPPORTED
BY WETLAND AREAS. WITH 1000 FEET OF SHORELINE, THIS HIGH DENSITY
HOUSING COULD ADVERSELY AFFECT THE LAKE AND SURROUNDING AREA.
PLEASE SIGN BY HOUSEHOLD, YOUR NAME AND MAILING ADDRESS.
FOR INFORMATION CONTACT PETITION ORIGINATORS:
LYNETTE WISEMAN PATTI GLUMACK
14821 BLACKFOOT STREET 4290-149TH AVENUE NW
ANDOVER, MINNESOTA ANDOVER, MINNESOTA
422-9301 421-5611
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55301
APPENDIX E
e
o
o
/
CITY of ANDOVER
ANDOVER PLANNING AND ZONING COMMISSION
REGULAR MEETING MINUTES
JUNE 27, 1989
The regularly scheduled Andover Planning and Zoning Commission meeting
was called to order by Chairman Rebecca Pease at 7:35 P.M., Thursday, June 27,
1989 at the City Hall offices, 1658 Crosstown Blvd., Andover, MN.
Commissioners present included Chairman Rebecca Pease, Bill Bernard,
Ron Ferris, Gretchen Sabel, Don spotts, Wayne Vistad. Also present were
Jay Blake, city Planner; Todd Haas, Assistant City Engineer; Bill Hawkins,
City Attorney.
Because previous meeting minutes did not become available to commissioners
until today, Chairman Pease suggested deferring approval until next regularly
scheduled meeting. MOTION by Wayne Vistad, seconded by Gretchen Sabel to
defer approval of minutes.
Chairman Pease announced the only agenda item is the Amendment to Andover
Comprehensive Plan. 'She reviewed the procedure the meeting will follow, stating
the Andover Comprehensive Plan Amendment will be presented by city planner
Jay Blake. Commissioners will question and comment on proposed amendment before
meeting is opened for public forum.
Jay Blake began presentation by explaining amendment has been driven by
a court ruling by the .Minnesota Court of Appeals that basically states the
City of Andover must make application to the Metropolitan Council for an extension
of our Metropolitan Urban Service Area, referred to as MUSA. Properties within
the MUSA line can be served by sewer and water through the Metropolitan Waste
control Commissions interceptors that run through Coon Rapids and eventually
Anoka. The extension of MUSA area would allow the development of a manufactured
home court on property located in section 29 of the city of Andover.
Property to be served as a result of proposed amendment is approximately
80 acres located to the east of 7th Avenue and north of the new county road 116,
'.
known as Bunker Lake Blvd. This property is currently owned by Bruce B. Hay-and
Rosella Sonsteby.
The procedure to approve the application for amendment is as follows:
Application must be made by Planning and Zoning Commission
Public hearing must be held
Application must go to City Council with recommendation from Planning
and Zoning Commission
o
City Council must review and submit to Metropolitan Council for review
and approval.
The Metropolitan Council considers this amendment to be a major change in
,the Andover Comprehensive plan for the following reasons:
cont'd.. .
Andover Planning and zoning Commission
June 27, 1989 Meeting Minutes
Page Two
o
The property is larger than 40 acres
The amendment involves expansion rather than exchange of property within
the MUSA area.
The Metropolitan Council has indicated it will take a full 90 day review
period on this property. Mr. Blake anticipates November 1, 1989 as approximate
date final rUling would be made regarding amendment, provided Planning and
zoning commission and City Council make recommendation as scheduled.
A brief history of events leading to court order was outlined by Mr. Blake.
In 1970, Mr. Hay applied to the city's predecessor, Grow Township, for a special
use permit to develop a manufactured home court. The permit was denied by
Grow Township. In 1973 the Minnesota Supreme Court found the township's denial
to be arbitrary and ordered that a special use permit be issued. A special use
permit was issued in 1974, contingent on sewer and water availability. In 1981,
the city denied a request by Hay to use lift stations to service his property.
At that time the Metropolitan Council said the city had the right to determine
which interceptor be used.
The property is within 1500 feet of the Coon Rapids interceptor, or,
our existing MUSA boundary.
Earlier this year, the Minnesota Court of Appeals.ruled that the city,
because of the proximity' of sewer and water to this property, must make application
to the Metropolitan Council to provide sewer and water to this property.
The Metropolitan Council will base its decision on the following criteria:
Capacity of interceptor
Availability of lots within MUSA area
Effect on transportation, housing and airports.
At this point Mr. Blake concluded his presentation with an opportunity for
commissioners to present their questions.
city attorney Bill Hawkins asked Mr. Blake to clarify to all present that
the application includes a temporary switch in interceptor areas. Mr. Blake
explained that part of the application is to .service the property temporarily
through the Coon Rapids interceptor. When the CAB (Champlain, Anoka,
Brooklyn Park) interceptor is complete (within the next three years), a switch
would be made to the appropriate interceptor. The design people Mr. Hay hired,
and consultants hired by the city (TKDA) have indicated that a portion of this
property must be serve~ by a lift station.
o
Commissioner Vistad asked if the city would be responsible for maintenance
of the lift station. Mr. Blake states that as part of the development plan,
the city will propose to have access to the station, however, the system will
be a private system owned by Mr. Hay. Mr. Vistad questioned who will bear
financial responsibility at time interceptors are switched. Mr. Blake states
that issue will be part of the development plan and it is likely the city will
require the developer to bear that expense.
cont'd...
,
Andover Planning and Zoning Commission
June 27, 1989 Meeting Minutes
Page Three
o
Mr. vis tad also questioned if there is sufficient capacity in the Coon Rapids
interceptor to serve both eastern Andover and proposed manufactured home court
site. Mr. Blake stated that consultants hired by city feel capacity is sufficient,
especially since manufactured home court site use will be temporary.
Chairman Pease asked.if this application was not being considered at present,
would it be an issue when CAB becomes available. Mr. Blake confirmed that it
would be, but that action is being taken now because of request from Mr. Hay
for immediate access to sewer and water, and because of the court ruling by the
Minnesota Court of Appeals.
A letter signed by state representative Teresa Lynch was read by Chairman
Pease. copy of letter 'attached to'minutes.
Chairman Pease then opened public hearing.
Pam Forcier, 14249 Vintage street asked if she would have to pay assessments
for sewer hook up. Mr. Blake said developer. has agreed to pay for cost of hook
up and cost will not be assessed to property owners. Forcier asked if developer
would also pay for lawn repair. Mr. Blake responded lawn repair is a separate
issue that will be dealt with in development agreement. Forcier asked if property
owners will be notified of each step of development. Chairman Pease stated that
all development plans must come before the Planning and Zoning Commission.
Residents within 300 feet of proposed development are notified by mail. Agenda
items are published in newspaper and posted at city hall. Residents can call
or see city staff.
Peter Rauen, 4110 .147th Lane N.W., asked that application to Metropolitan
Council include in general information section, preferrably in first paragraph,
tile strong opposition to this project. Mr. Rauen feels that, as stands, the
city appears to advocate plan. Pease stated that making a request to Metropolitan
Council does not indicate city approval. Blake stated that he feels application
makes clear city is responding to court order and that the written correspondence
section of application will include all letters and petitions to Planning and
Zoning Commission. A transcript of this meeting will also be submitted.
Mr. Rauen feels it will make a tremendous impact on application if statement
is written in beginning of general information that city is making request under
court order and does no~ advocate. Mr. Blake agreed to make requested change.
Mr. Rauen further requests that Impact on Housing Issue IV'A be striken
from the amendment. He:argued the city has not demonstrated in any way it will
control rents or otherwise provide support to low income families living in
a manufactured home court. By including section IV A the city again comes
across as advocating project.
cont'd...
,.
Andover Planning and Zoning Commission
june.27. 1989 Meeting Minutes
Page Four
o
He also states one need only visit other courts owned by Hay to see how they are
allowed to deteriorate and become an eyesore. He states the increased traffic
will endanger pedestrians and cause air and noise pollution.
Chairman Pease acknowledged Mr. Reinke's statements. She reminded those
present that comments must remain limited to issue of application for sewer and
water.
Lee Warneka, 14791 Blackfoot Street N.W., asked if this application
was for Mr. Hay's property only. Pease confirmed that it is. Jay Blake said that
if other property owners request water and sewer another application would be
made. Mr. Warneka asked if Bruce Hay will control line and lift station. He
wants to know if separate line will have to be run if other property owners
request sewer and water. Jay Blake sai~ that after 1992 other area properties
will use CAB and long standing plan has been to run line up and around 7th Avenue.
Mr. Warneka expressed concern the city is responding to court order without
regard to rules normally followed for proper development. Jay Blake responded it
is not a matter of choice; the Minnesota Court of Appeals has ruled the service
is available through Coon Rapids interceptor and the city of Andover must abide
rUling. Mr. Warneka questioned if this has been assessed as proper development.
Mr. Blake states the city engineer has assessed as improper development and
recommendation to Metropolitan Council contains this assessment. Mr. Warneka
also asked what would happen if the development fails. will the city be left
with the responsibility of sewer lines and street maintenance? Mr. Blake
states those issues will be covered in development plan. Mr. Warneka encouraged
the commissioners to exersize rights of appeal. He asked if the cost of going
back to court was prohibiting commission from further action. Mr. Hawkins
responded by saying there is no legal basis to revoke special use permit. The
issues have been examined extensively by several law firms. If anyone has solid
research or theories he will be glad.to discuss.
Lynette Wiseman, 14821 Blackfoot Street asked Blake to show her .exactly
where sewer line would be. Blake showed the two potential sites as being an
easement in Rosellas addition or at the end of l43rd. He states a study will
be done to determine which site will be less costly for the developer. '
Ms. Wiseman asked if an environmental assessment worksheet (EAWl has been
completed on this project. Gretchen Sabel states an EAW would be done after
approval by Metropolitan Council. Ms. Wiseman explained that an EAW would
study the impact of development on wild life and wetlands. She states that
Section 30 and Round Lake (because it is a cattail fringe lake) are state
protected. She does not believe these areas would meet an EAW. Jay Blake
acknowledged that before wetland could be developed the DNR and Army Corps of
Engineers must give their approval. Also, Jay Blake states if the EAW finds
a negative impact, an EIS will be ordered. Lynette Wiseman states she spoke
with DNR about having property condemned. Property can be used as DNR park
if lake access is developed. Ms. Wiseman said DNR seemed receptive to plan.
Jay Blake states a request to have property condemned must go through city council.
Don Legge, 14417 Vintage Street N.W., expressed concerns with sewer line
effect on his well water. He wants temporary line removed at developers expense
wIlen developer switches to CAB. He also wants to view drawings of proposed
line. Mr. Blake says drawing will not be available until after Metropolitan
Council approves. Mr. Legge also wants to know which roads will be used for
o
cont'd...
,:
~dover Planning and Zoning Commission
June 27, 1989 Meeting Minutes
Page Five
o
trucks putting in line.
yet been determined.
Blake says that is a separate issue and has not
Ron Ferris explained the process the developer must follow. If the
Metropolitan Council approves amendment, the developer will have to bring in
a sketch plan. Many public hearings will occur at time of preliminary platt.
When preliminary platt is approved it is done so with a multitude of
conditions. Developer does not get approval for final platt until conditions
are met. Questions regarding design, truck hauling routes, etc., must be
addressed at time preliminary platt is discussed.
Mr. Ferris also emphasized this is not an issue where the city versus
the people. The city has fought this development all the way to Supreme Court.
He feels if the city attempts to condemn land now, the courts would view this
action as a stall tactic. Gretchen Sabel said if we tried to condemn our arguement
should be access on the north end of the lake. An Andover resident asked if
the city has eminent domain. Bill Hawkins says the city would be at great
risk if eminent domain was attempted.
Sue Krochalk, 14227 Vintage states it seems very unfair that city exersized
eminent domain with property belonging to residents in her area for overflow
purposes (with no compensation) but won't consider this option pertaining to
Mr. Hay. Pease stated the situations are entirely different. Lynette Wisemann
stated the DNR would take the land, not the city. She wants to know if city
would back residents in approaching DNR. Jay Blake will obtain name of DNR
contact person from Ms. Wiseman.
Wayne Vistad questioned if city would run into trouble with courts if
we attempt to get DNR to take land for state land with lake access. He also
states land would be more valuable with sewer lines. Immediate attempts should
be made to work with DNR. Bill Hawkins doesn't feel city can delay application
as court order states city must provide sewer immediately. vistad feels a
delay for DNR to examine issues would be a state delay, not a city delay.
Hawkins believes a two week delay would be considered reasonable. Don$potts
asked what would happen if city did not comply with court order. Hawkins
said city could" be found in contempt of court and fines would be imposed.
Ron Ferris raised three issues in regard to involving DNR:
Who will make contact?
Will involvement with DNR require city council approval?
Is it likely DNR will respond in 60 days?
Bill Hawkins does not feel city council approval is required.
Pam Forcier, 14249 Vintage Street wants to know who would pay for taking
out temporary line. Jay Blake says the options after CAB interceptor is being
used are to cap temporary line and leave it, or to dig up temporary line and
remove it. This issue would be part of development plan. Ms. Forcier states
she would want it capped and left, so her property wouldn't be torn up twice.
Mr. Blake told her to present her request in writing at time development
o
cont'd...
,.
I'
I
.
Andover Planning and Zoning Commission
June 27, 1989 Meeting Minutes
Page six
o
agreement is being written.
I
'.
Jerry Hutchinson, 4252 146th Lane asked Mr. Hawkins if he has ever worked
for Mr. Hay. Mr. Hawkins replied he has not. Mr. Hutchinson asked if we could
delay by another 10 - 12 years by condemning land and having issue go through
Court of Appeals. Mr. Hawkins felt additional court procedures would probably
be resolved in 18 months. Mr. Hutchinson asked whether Hay would maintain
and regulate the sewer line. Mr. Blake explained a station at the property
line will moniter the flow. Mr. Hay would be responsible for the line within
his property. It is likely the city will seek access to the station. Contingents
will be up to the city council. Mr. Hutchinson questioned Mr. Hay's qualifications
to operate a sewer.
D'arcy Bosell stated there is a manufactured home court in St. Francis
that has one system, one meter and one reading. This system is extended through
a wetland. The city of St. Francis has the legal right to maintain only if
the owner does not. If a problem occurs, the owner is given 10 days to resolve.
If owner does not resolve with 10 days the city will take action and assess the
owner.
Mr. vistad questioned if a temporary line could simply be capped. He
feels problems with ground water.contamination could occur. He also asked if
state guidelines for abanded wells would apply. Jay Blake replied this issue
would also be part of the development plan and the Department of Health may
have some control.
Lynette Wiseman asked for a count of residents opposed to city
recommendation for sewer and water. Rosella Sonsteby stated this was inappropriate
for tonights meeting. Don spotts recommended routing a sheet expressing
opposition to be signed,by those opposed.
Dave Rekucki, 14654 Guarani suggested the city promptly pass an ordinance
that all temporary sewer lines be removed. When EPA does study and realizes
the wetland would be disturbed twice (installing and removing approxim~tely
five years later) they may object and project could be delayed. Mr. Blake
agreed this could possibly be written into development agreement.
Ron Ferris asked about timing of development plan. It is prepared after
proposal to Metropolitan Council and certainly before any dirt is moved.
Wayne Vistad feels DNR opposition would have serious impact on decision
made by Metropolitan council. Mr. Blake said Metropolitan Council will contact
all government agencies involved to review proposed amendment.
Jerry Hutchinson asked what procedure is to create law that temporary
lines be removed. Mr. Blake outlined procedure as follows:
Request must be made
Review by Planning and Zoning Commission
o
Public Hearing
Approval by city Council
cont'd.. .
'\
4ndover Planning and Zoning commission
June 27, 1989 Meeting Minutes
Page Seven
o
Pat Salamanca, 4264 l47th Avenue, stated that key issue is for Planning
Commission to contact DNR.
Jim Hiltz, 4060 l49th Avenue asked to what extent this addition to Coon
Rapids interceptor will effect development on eastern fringe of MUSA area.
Jay Blake does not see a negative impact.
Lynette Wiseman requested her petition be attached to evenings proceedings.
Jay Blake stated written comments will be received and entered into proposal.
Dave Rekucki, 14654 Guarani informed Mr. Hawkins many property owners
were told conflicting stories by Mr. Hay about how property would be developed.
He wondered if this misrepresentation would be a basis to pull the special use
permit granted Mr. Hay. Mr. Hawkins said residents could initiate legal action
against seller if they believe they were misrepresented, however, he does not
feel a misrepresentation was made to the city.
Peter Rauen, 4110 l47th Lane N.W., stated that at time Mr. Hay's special
use permit was granted; there was no development around the property in question.
When Lund's Round Lake Estates was developed, the city had all surrounding
property zoned Rl. The city made no effort to inform residents of the potential
development plan. Mr. Rauen also stated that Oakmont Terrace was owned and
developed by Mr. Hay in an incompatible manner to what is now being proposed.
At last appeal the judge said there were changed circumstances that now require
the city to extend sewer to that property. Mr. Rauen feels there are changed
circumstances that now require the city to go through whatever legal avenues
are available to halt t~e injustice taking place with property.
Wayne vis tad made a MOTION that public hearing be left open and continued
to a specially scheduled meeting on Thursday, July 13, to allow Jay Blake to
contact DNR to consider possible access to the lake on the west side, if the
DNR is interested in this property as a public access and as a state park,
so commission can gather additional information needed to make a decision on
recommending approval of sewer line. Motion seconded by Bill Bernard. . Motion
passed.
Don spotts asked Jay Blake what specifics he is looking for from DNR.
Because of time frame Mr. Blake feels he will be seeking preliminary indication
of interest from DNR.
Ron Ferris asked Mr. Hawkins how DNR interest would effect cities
responsibility to abide by court order to make immediate recommendation to
Metropolitan Council. He also wants the city to present DNR with a structured
set of questions as follows:
Does DNR have an interest?
When will DNR be interested?
Would interest be in all 60 acres or just in perimeter of lake?
o
contrd...
"
Andover Planning and Zoning commission
~une 27, 1989 Meeting Minutes
Page Eight
o
Mr. Ferris questioned why issues regarding liB: station are not included
in recommendation. Mr. Blake responded that is an engineering issue that will
be examined at time development plan is drawn.
Mr. Ferris noted he feels the proposed line should be referred to as a
dedicated line rather than a private line.
Mr. Ferris responded to a question posed earlier regarding why amendment
is not requesting that other communities be allowed to use temporary line.
He feels Mr. Hay would view this as an effort by the city to diminish the likel~~
hood of Metropolitan Council's approval of amendment.
Gretchen Sabel warned that there may be problems with DNR acceptance of
park idea. Problem areas could be size of park, the fact that there is not
county road access, and it is not known to be a good fishing lake because it
freezes out.
Ron Ferris asked Jay Blake to obtain from DNR a map of wetlands and
regulations.
Ron Ferris made a MOTION to revise draft of recommendation as follows:
That section 1, Paragraph B of General Information state recommendation
is being made as result of multiple court actions spanning 17 years against
the city of Andover;
That Section 1, Paragraph B also contain request that developer be required
to install and remove temporary line when CAB interceptor available;
That Section IV, Paragraph C be eliminated based on the arguement that
current estimated lot rental plus cost of manufactured home would not qualify
as low-income;
That zone classification is not changed from Rl to RS.
Don Spotts seconded motion. Motion passed.
Gretchen Sabel wants record to show that not a11.residents present tonight
favor having line removed.
Jay Blake will have language of amendment changed to reflect motion
by July 13 special meeting.
As a final note, Jay Blake announced Ordinance 6, which applies to manu-
factured homes, is being retyped and will be available upon request.
Bill Bernard made a MOTION that meeting be adjourned. Motion was seconded.
by Wayne Vis tad and passed. Meeting adjourned at 10:20 P.M.
Respectfully submitted,
1htU,(JaJ !/o-;am...
Theresa Hogan
o
II.:
CITY of ANDOVER
ANDOVER PLANNING AND ZONING COMMISSION
MEETING MINUTES
JULY 13, 1989
A specially scheduled meeting of the Andover Planning and Zoning
commission was called to order by Chairman Rebecca Pease at 7:30 P.M.,
Thursday, July 13, 1989 at the Andover City Hall Offices, 1685 Crosstown
Blvd., Andover, MN.
'..
Commissioners present included chairman Rebecca Pease, Ron Ferris,
Bev Jovanovich, Gretchen Sabel, Don spotts, Wayne Vistad. Also present
were Jay Blake, City Planner and d'Arcy Bosell.
Chairman Pease opened by explaining the only agenda item for this
meeting is the Continuation of the Public Hearing, Amendment to the Andover
Comprehensive Plan and Development Framework.
City Planner Jay Blake presented a brief summary of the background of
amendment and a review of his meeting with representatives from the DNR,
per citizen request of commission. His presentation included the following:
History of project
Information on application
Background information regarding June 27, 1989 planning and Zoning
Commission meeting and outcome of discussions with DNR
Qptions for the Planning and Zoning Commission in making recommendation
Discussion on Metropolitan Council action
o
History of Project In late 1960's - early 1970's, the applicant, Mr. Hay,
proposed a manufactured home court for approximately 50 acres located in
Sections 29 and 30 of.Grow Township (now Andover). This proposal was for
200 - 300 mobile home units based on the requirements of our mobile home .
Ordinance #6. Proposed development at that time was zoned Rl, single family
residential. Mr. Hay made a request for a special use permit. While permit
to Mr. Hay was denied, Grow Township approved a similar request to another
applicant. In 1973 Mr. Hay was issued a special use permit, in compliance
with Supreme Court order. Project was not pursued for several years until
city of Andover began to expand water and sewer availability to areas
surrounding Mr. Hay's property. In 1985 Mr. Hay went to court stating city
of Andover delayed providing him with sewer and water availability. Minnesota
Court of Appeals ruled in Mr. Hay'.s favor, and ordered city of Andover to
make immediate application to the Metropolitan Council for approval of
extension of MUSA line. (Metropolitan Urban Service Area) This expansion
would allow the city to provide sewer and water capabilities through the
Coon Rapids interceptor. Original plan for this property was to be served
by Champlain, Anoka, .Brooklyn Park (CAB) interceptor, which is not yet
available. Based on .close proximity to existing interceptor, court ruled
cont' d. . .
An?over Planning and zoning Commission
July 13. 1989 Meeting Minutes
OPage Two
city of Andover must make application to Metropolitan council to expand MUSA.
Information on Application A copy of the application was made available
to commissioners and public at the June 27 meeting. The application contains
general information, map attachments, and appendices including written comment
from the public. At June 27 meeting the application was reviewed by public
and commissioners and .several text changes, as follow, were recommended.
That a specific.statement be included maintaining recommendation is
being made under multiple court orders,
That developer be .required to remove temporary line when CAB interceptor
becomes available, .
That text define city is not advocate of project.
Mr. Blake issued the following report: On June 27, 1989, the Andover
Planning and Zoning Commission directed the Planning Department to contact
staff from the Minnesota Department of Natural Resources regarding the
potential development of a boat.access'for .Round Lake on. the property
currently owned by Bruce Hay: I contacted Larry. Killeen from the Division
of Trails and Waterways.
Mr. Killeen and Del Barber (also from the Division of Trails and
Waterways) visited the property on July 12, 1989. At that time, the Lake
Access Acquisition program was explained to me. It has several restrictions
that make it an inappropriate program for this site.
The Lake Access program may only acquire between two (2) and seven (7)
acres of property. The land must have good.access to the local road system
and the property must be owned by a' willing seller, as the DNR has'very
limited condemnation powers.'
'.
Finally, the access must be on a lake with high recreational and/or
fishing potential. The average depth, size of the lake and water quality
make it difficult to justify this lake as a high priority for DNR development~.
Both Killeen and Barber felt that Round Lake is as an excellent wildlife lake
and that a more logical site for lake access development would be at the
existing canoe/boat launch owned by the city.
Therefore, the Planning Commission should consider the Bruce Hay request
for expansion of the Andover MUSA area based on the Court decisions and not
on potential DNR development of the site.
o
Options Mr. Blake reports the city attorney advised Planning commission
make every effort to review.the application and include any additional new
public testimony and/or new.issues and make a recommendation for approval or
denial to be presented to the city council at their 8/15/89 meeting. After
city council reviews and makes changes or additions, application will be
presented to Metro~litan Council.
Metropolitan Council Action Metropolitan Council has declared this
application to be ~ major amendment to the city's comprehensive plan, and
cont'd.. .
Andover Planning and zoning commission
July 13, 1989 Meeting Minutes
o Page Three
will take a full 90 day review period. If Metropolitan Council receives
application by 8/20/89, their decision could be available 11/20/89.
There being no questions from commissioners, public forum was opened.
As a final note, Mr. Blake announced he was unable to obtain a DNR map
of protected wetlands, as previously requested by Ron Ferris. .A citywide map
indicates DNR protected wetlands and shows that a small portion of the
southwestern portion of Mr. Hay's land is protected wetland.
Don Legge, 14417 Vintage Street N.W. stated his concern regarding the
environmental impact on his well. For protection of his own water supply
he is asking for environmental impact studies.
Chairman Pease .assured Mr. Legge that environmental impact studies are
part of the development plan. Mr. Legge questioned whether environmental
impact documents will be made available to the public. Mr. Blake stated
they would be. Mr. Legge requested that a meeting be held to discuss outcom~
of environmental impact study.
Lee warneka, 14791 Blackfoot Street N.W., presented a copy of a brochure
depicting Oakmount Terrace development sites, including sales pitch by the
developer, Bruce Hay. copy of brochure attached to minutes. Mr. Warneka
regrets this brochure was 'not made available during court proceedings. His
feeling is that the court would have been influenced by this description of
a development Mr. Hay sold directly next to an area he had planned for a
mobile home park.
Dan Wiseman, 14821 Blackfoot street, noted that Round Lake appeared to
be drying up this spring. He said there was community speculation that
someone was pumping from the lake. When this story was publicized by the
media, the lake rose to its previous level almost overnight. He questions
what effect sewage construction will have on Round Lake. Mr. Wiseman further
states if the lake capacity and quality decrease because of a mobile-home
development, the city council would hold responsibility.
Mr. Blake states the DNR estimates Round Lake is down four feet because
of the dry seasons. DNR says there was no pumping from the lake. The cause
is the peat from the bottom of 'the lake coming up and going down, causing the
lake levels to fluctuate. The city council had requested a DNR inspection
of Round Lake. In as far as the diminished water quality, shallowness of the
lake did not provide high enough oxygen levels to sustain significant
populations of fish. In this case water quality 40es not refer to pollution.
Mr. Blake also pointed out there is a shoreline management ordinance that has
been in effect for many years which restricts the size of lots bordering
Round Lake.
Mr. Vistad added that John stein had run test holes to see if seepage
was occurring from Round Lake under Round Lake Blvd to adjoining property.
Tests confirmed this was not the case. The water table is down four feet
and rains are making up the void.
o
Clay Loch, 4296 145th Lane states the addition he lives in is adjacent
to proposed mobile home park. He cites the inconsistancy on Mr. Hay's part
for proposing a mobile home park while placing restricting covenants on
\ earlier developments. He also questioned the city of Andover.sTegulations
cont 'd...
Andover Planning and Zoning commission
July 13, 1989 Meeting Minutes
O~~
on shoreland development.
d'Arcy Bosell .~ddressed Mr. Loch's question by explaining that shoreland
deve10pment is a part of the Shore land Management Ordinance. This ordinance. .
places restrictions on size and design of development within 1,000 feet of
the highwater mark on shoreline. The minimum lot size is 11,400 feet. A
manufactured home would be allowed on this city size lot. This ordinance
has been approved by the Commissioner of the DNR.
Lee Warneka, 14791 Blackfoot street N.W., asked what procedure would
be for adjacent subdivisions to apply for sewer and water on same application.
Landowners would then have an option of splitting their acreage since area
would be high density. '
Mr. Blake explained a petition signed by majority of homeowners
would need to be Presented to city council. City Council would direct
Planning and zoning Commission to make application to. Metropolitan Council
for similar extension of MUSA line.
d'Arcy Bosell reminded residents they would not b~ able to utilize
Mr. Hay's line. To ,accomodate residents, a separate line would have to be
run through someone's property, and expense would be borne by benefited
property owners.
Mr. Blake stated that lift stations would have to be used and cost may
be prohibitive.
Mr. Ferris clarified the following points:
city has not made change.in comprehensi~e. Plan with regard to sewer
and water since 1987,
City does not wish to make cpntinual requests to Metropolitan Council
for amendments to plan.
He then asked why city has not done study to determine if it would be logical
to apply for water ~nd sewer to adjoining developments.
Mr. Blake stat~d the CAB interceptor is the planned hook up for other
developments. Mr. 'Ferris argued that if application can be made for temporary
switch to Coon Rapids interceptor for Mr. Hay it can include temporary switch
for other residents.
Mr. Warneka restated his opposition to high density development, but
noted that if it has to be, it should be done fairly.
Mr. Blake responded by saying a petition must be served to city council
requesting sewer and water. Application can be amended. However, Metropolitan
Council has the power to reduce request.
o
Mr. Warneka states he wants application submitted as a package.
cont'd...
1
Andover Planning and Zoning commission
JU~y 13, 1989 Meeting Minutes
Page Five
o
Gretchen Sabel asked Mr. Blake to instruct those present on petition
process.
Mr. Blake outlined petition process as follows:
city Council must, receive a listing of all property owners within
a neighborhood. With 51\ of property owners agreeing to petition, a
3/5 vote of commissioners is required to pass petition. If less than
51\ of property owners agree to petition, a 4/5 vote of commissioners
is required.
Gretchen Sabel
petition requires.
a subdivision would
asked Blake to define "neighborhood" in so far as
Mr. Blake suggested a group of neighborhoods within
make. a strong petition.
Dave Rekucki, l4654 Guarani asked if Metropolitan Council would consider
petitions showing neighborhood opposit~on. Mr. Blake replied that Metropolitan
council will accept and review petitions, but he does not know to what extent
petitions will influence decision. ' Mr. Blake stated that several petitions
are being included in application.
,Mr. Rukucki stated that in order to install line, lake will have to be
dewatered. At present lake level, the dewatering will disturb soil pattern
and cause natural drainage.
Mr. Ferris asked if environmental impact study will include 1500 foot
easement across Hay's property to the southeast.
d'Arcy Bosell answered that it will include all property that could be
affected by extension of sanitary sewer. She further explained that the
assessment worksheet determines whether there is a significant amount of
impact that would require further study. This worksheet goes to the Environmental
Quality Board, not the Metropolitan Council. The Metropolitan Councia is,
however, included in review process. When EAW is prepared it is submitted
to Metropolitan Council and their comment is sought.
Mr. Ferris clarified that procedure with assessment worksheet begins
after Metropolitan Council has made decision on city application for amendment.
Dave Rekucki stated procedure seems backwards and asked if city could get
extension on submitting application pending an environmental study.
Mr. Blake states that such a request would likely be viewed as a stall
tactic. The Metropolitan Council and Environmental Quality Board have followed
procedure as outlined and if city tried to altar procedure it could be basis
for a lawsuit.
o
Mr. Ferris noted th~t he doesn't see what difference procedure of events
makes, it is the end result that matters. Also, if Metropolitan Council were
to deny application as stands, it would be unjustified to have had Mr. Hay
pay for cost of environmental study. d'Arcy Bosell confirmed Mr. Ferris'
comments saying city can't require Mr. Hay to spend money on study unless
we have Metropolitan Council approval indicating possibility of sewer extension.
cont'd.. .
Andover Planning and Zoning Commission
July 13, 1989 Meeting Minutes
Page six
o
Herb Reinke, 4330 l47th Lane, asked if environmental assessment will include
review of the impact 300 - 600 cars will have on area. Mr. Blake acknowledged
that issue would fall under such a study. d'Arcy Bosell stated a copy of the
17 page list of automatic considerations to be submitted by the regulatory
governmental unit (city of Andover) will be made available at city hall.
Lloyd Pollard, 2222 l45th Lane N.W., questioned the route of the proposed
sewer line. He stated:he attended several Planning and Zoning commission
meetings two years ago about draining Deans pond and DNR would n~t even allow
a culvert. He asked how a sewer line could be considered for same area.
Mr. Blake stated. that Deans pond is on western side of property, and
DNR regulates anything below S65.5 as far as elevation. anything above 865.5
is high ground and non-regulated. Other wetlands in area are protected by
Army corps of Engineers. Proposed sewer extensions are on eastern side of
property.
Mr. Pollard asked if Mr. Hay can prevent other residents from joining
application. Mr. Blake stated that final approval of application draft is
up to city council.
Mr. Pollard said in past there was a problem with capacity of sewer.
Mr. Blake replied that report by engineers estimates that capacity of
Coon Rapids interceptor far exceeds what is needed for existing development
and will serve more than adequately until CAB intercepto~ is available.
Mr. John Johnson, with Merila and ~ssociates (the consulting. firm
retained by Mr. Hay) addressed the.following issues:
Mr. Hay is anxious to move ahe~d with the-process as outlined by staff.
Merila and Associates have reviewed the capacity.and utilization of the
existing sanitary sewage system and found adequat~~capacity and a
significant under utilization of the existing facilities. These findings
have been submitted to city and a review by city engineers concurs with
our report. Merila and Associates find the'current total system"is
operating at less than 20 -25% of existing capacity. Even upon full
development of the area with urban service area, system would be
utilizing only 50 - 60% capacity. The proposed project at 221 units
would utilize only 1 1/2 - 2%.
Proposal is yet to be worked out as it relates to sewer depths and sizes~
If a gravity line is used, it will be no more than 10 inches. If it
is a forced maip from a lift station, it would be no larger than 4 - 6
inches. The depth of sewer will be limited to depth of sewer it is
connecting with. It is very unlikely that as it passes through the lowe~
portions of the site it will be more than 6 or 7 feet.
Merila and Assoclates believe, from review of information, there are two
methods that sewer service can be extended to Hay's property:
o
An expansion of MUSA
A swap of acres .- Andover has acres that are not currently being developed
and may not be developed for some time. Designating those acres, and
designating area for Mr. Hay's acres would be less difficult.
~
cont'd...
o
Andover Planning and Zoning commission
July 13, 1989 Meeting Minutes
Page Seven
Mr. Johnson concluded by asking the commission to complete their review and
forward recommendation to council.
Mr. Ferris asked Mr. Johnson if by "swap of acres" he was suggesting
we make a permanent connection to the Coon Rapids interceptor for Mr. Hay's
property and swap off ,acreage that might connect there later to the CAB
interceptor.
Mr. Johnson exp~ained he is suggesting. that in a temporary fashion,
areas that are currently within the Coon Rapids interceptor service area, could
be designated as not being serviced until the CAB is constructed and the
switch is made. Jay Blake then stated there is only one property th?t.does
not have a preliminary plat, however it does have a sketch plan that has been
reviewed by the city council. That development is on hold at this time.
It is anticipated that the Planning and zoning Commission will be asked to
review. Therefore, a'swap cannot be done.
commissioner Vistad stated the city has a m1n1mum size requirement of
4 inch pipe for a single family_ How can 200 households use a 4 inch pipe?
Mr. Johnson explained there are a number of factors that will affect
outcome of this project. The difference in pipe sizes are a function of whether
the line is a gravity line, where the water flows by running downhill through
. the pipe, versus a forced main, where water is pumped through pipe.
Commissioner Ferris made a MOTION to close the public hearing.
Second by Commissioner spotts. . MOTION passed.
"
Mr. Ferris examined the concept of adding other neighborhoods to
application. He recommends making one application to the Metropolitan Council
combining Hay's request with neighborhood request. Jay Blake confirmed that
the Planning and Zoning Commission must make recommendation to city council
within 60 days of clos~ of public hearing. This time frame would allow
neighborhoods to gather petition, if they decide to do so. The petition must
be presented directly ,to city council, which will in turn refer request back
to Planning and Zoning commission for this plan amendment.
d'Arcy Bosell reminded commissioners the city council agenda is closed
for the July 18 meeting and the following council meeting is 8/01/89. Mr. Ferris
stated that a petition could be presented during the residents forum of the
7/18/89 meeting; to go on the agenda for the 8/01/89 meeting. Jay Blake
determined if the petition was received by the city by July 21, it can be
placed on the agenda for the 8/01/89 meeting.
MOTION by Ron Ferris. as follows:
o
Based solely upon the Minnesota Supreme Court ruling of 1973 and the
Minnesota Appeals Court decision of February 27, 19891 recommend that
the Andover Planning and Zoning Commission recommend to the Andover
City Council approval of. expansion of it's Urban Service Area to allow
for the construction of a manufactured home park of the S.E. 1/4 of the
N.E. 1/4 of section 30, Township 32, Range 24 Anoka County, Minnesota
and that part of the s. 84 Rods of GOVT LOT 1, section 29, Township 32,
Range 24 Anoka County lying nQrtherly of the following described line
commencing at the S.W. corner of said government lot 1 then North
45 degrees 00 minutes west to the shore of Round Lake and there
terminating. Property address l47th Avenue and 7th Avenue.
cont 'd. . .
Andover Planning and zoning commission
July 13, 1989 Meeting Minutes
Page Eight
o
This expansion would add 'approximately 80 acres to the Urban Services Area.
The proposed manufactured home park would have approximately 220 units.
A temporary change of interceptor area from CAB to Coon Rapids is recommended
based upon the condition that the developer pay the expense to connect
to the Coon Rapids interceptor, approximately 1500 feet away and that
all applicable easements for this connection be granted and upon availability
of the CAB interceptor the developer, at his expense, will connect to
that interceptor. and remove all temporary interceptor connection lines.
The engineering'analysis'of the Coon Rapids interceptor as presented
by Merila and Associates (1/06/88) and verified by TKDA has shown that
the Coon Rapids interceptor can accomodate the anticipated flow.fr~m
the Manufactured home park.
A public hearing'"was held by the Andover Planning and Zoning Commission
on June 27, .1989 and continued on July 13, 1989. Considerable opposition
was voiced by residents regarding the expansion of the Urban Service
Area for the pur~se. of construction of a manufactured home park. As
a result of this input the following changes have been made to the
"Information Submission for Major Comprehensive plan Amendment":
A. The general information section now states "this amendment is
being made 'as a result of multiple court actions" and "the
city will require that the developer remove the temporary line
when the CAB becomes available."
B. Impact on:Housing section, section A was modified,to remove
reference .to "provide additional low income housing."
C. Implementation Program section, section A was modified to "remove
a proposed change in zoning from Rl to RS."
Other concerns including repair of easement property, failure of the
development, environmental impact studies, DNR wetlands, Army Corps.of
Engineers wetlands and drainage studies would be considered as part of
the developer's "development .\?lan."
The expansion of. the Urban Services Area is not in harmony with the
general purpose and intent of the city's comprehensive plan.
As the expansion of the Urban Services Area is solely to accomodate
development of a manufactured home park, it is felt that approval will
have a negative impact on property values in the surrounding area.
Furthermore, the. increased traffic pattern on Anoka County Highway 7
will have a negative effect on vehicle and pedestrain.traffic.
This recommendation will be reviewed by the city council on August 15, 1989.
If approved, it would then be submitted to the Metropolitan Council for
review and acceptance or rejection on or before November 20, 1989.
cont'd.. .
o
.,
Planning and zoning commission
Ju~y 13, 1989 Meeting Minutes
Page Nine
o
Second to MOTION by Don spotts. Gretchen Sabel requested first paragraph
of MOTION be amended to include mention of Comprehensive Plan Amendment.
commissioner spotts made following amendment to .first.paragraph of MOTION:
Based solely upon the Minnesota Supreme Court ruling of 1983 and the
Minnesota Appeals Court decision of February 27, 1989 I recommend that
the Andover planning and Zoning Commission recommend to the Andover
City Council approval of an: amendment to the Comprehensive Plan known
as the 1989 Andover Comprehensive Plan Amendment, for expansion of it's
Urban Service Aiea to allow for the construction of a manufactured home
park .... continue with legal description
Chairman Pease asked commissioners for a vote on recommendation of
approval to amendment for Comprehensive Plan.
Commissioners voting to approve are Rebecca Pease, Gretchen Sabel and
Don spotts. Commissioners opposed are Ron Ferris, Wayne Vis tad and
Bev Jovanovich.
The applicatio~ will go to .city council on. 8/15/89 with no recommendation
from planning and ZOhing Commission.
Gretchen Sabel made a MOTION to adjourn. Second by Ron Ferris. Meeting
adjourned at 10:20 P.M.
Respectfully submitted,
Theresa Hogan
o
eakmount \!terract
ANDOVER, MINNESOTA
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A very unique and heautifu! area with choice home sites (approx. 1 acre)
located in South West Ando'l.er, l\tlinnesota.
OaKmount Terrace is truly cDnceived for those who desire the ultimate
in seduded country living. You can commune with nature with all its en-
joyment and satisfaction and still are so close to everything. Its only 5
minutes to downtown Anoka and 25 minutes to downtown Minneaooiis.
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Oakmount Terrace will, we predict, be sold out quickly because it will in-
Otan1ly appeal to th~ discriminating who are seeking the most ideal location
or their dream home. .
. Convenants written to insure the quality of this lIone of a kind" location
of home sites are induded.
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Please read our distinctive ::.;ocnure which shows site locations and
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The Oakmount Terrace area offers an active community life, built
around an excellent school system, churches of man)' denominations and
many social, service a~d cultural organizations.
We arE: helping to preserve the areas beauty by pro\,iding underground
electric and telephone services to each homesite. Natural bas will also be
a,,'aUabie for your economic convenience.
There are many well recommended contractors in the Oakmount
Terrace area with whom you can work when you are read)' to build your
home.
We will be more than happy to work with you in any war we can to make
your purchase a completely happy one.
~
~akmount Z!terrate is
~eing (!E)ffereb (!Exdusibelp
up tije 1!lebeloper
. Bruce B. Hay
39 - North Oaks Road
St. Paul, Minnesota 55110
(612) 484-5070 - 571-5019
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OAKMOUNT
TERRACE
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147th 'I-~
JZ OUND
LAK
145th
- ANOKA ---- -7----~-.
SENIOR
HIGH
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MAIN STREET
~noka
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