HomeMy WebLinkAboutWK June 26, 2007
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
City Council Workshop
Tuesday, June 26, 2007
Conference Rooms A & B
1. Call to Order - 6:00 p.m.
2. Update/Irrigation Agreement with Associations - Engineering
3. Discuss Request for Autistic Child Signs (Continued) - Engineering
4. Discuss Marystone Boulevard NW/Roanoke Street NW/07-33 -Engineering
5. Discuss Diseased Tree Policy - Engineering
6. Discuss Direction to Open Space Commission - Planning
7. Animal Control Ordinance Discussion (continued) - Planning
8. Subdivision Code Update Discussion - Planning
9. TIF District 1-4 Update/Industrial Opportunities Discussion - Planning/Administration
10.2008-2012 CIP Progress Report - Administration
11. 2008 Budget Progress Report - Administration
12.2007-2008 Council Goals - Administration
13. Other Business
14. Adjoumment
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowit2, City Engineer
SUBJECT: Update/Irrigation Agreement with Associations - Engineering
DATE: June 26, 2007
INTRODUCTION
The City Council is requested to discuss the merits of establishing an Irrigation Restriction
Agreement between the City and the many associations throughout Andover to help reduce the
abundant overuse of water.
DISCUSSION
Due to required water conservation measures from the Minnesota Department of Natural
Resources and the extremely high water use of associations throughout Andover, an irrigation
restriction agreement may be a means to work with the association to meet their needs for lawn
sprinkling and at the same time reduce the amount of water being used. Andover Public Works
has received several complaints from associations over the last few years regarding high water
bills.
This item was discussed at the May Workshop and the City Council requested additional
information on irrigation fines to associations. Staff reviewed with Mr. Hawkins (City Attorney)
if associations can be fined for each individual unit that is in violation of the sprinkling
restrictions. Mr. Hawkins' opinion is that the City can fine each unit that is in violation and send
the total number of fines directly to the association. Previously associations have only been fined
for one unit ($100.00) to which the meter had been issued.
An agreement between the City and associations could be an effective way to set the times the
associations can water other than the odd/even policy allowing them to run their system more
efficiently. This agreement would also establish a contact person that can work directly with
Public Works staff to address concems and create open communications between both parties.
Attached is a draft Irrigation Restriction Agreement that outlines the information required and the
irrigation time requirements.
ACTION REOUIRED
The City Council is requested to approve the Irrigation Restriction Agreement.
Respectfully submitted,
~~~~
Attachments: Draft Irrigation Restriction Agreement /'
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
IRRIGATION RESTRICTION AGREEMENT
FOR TOWNHOME AND OTHER ASSOCIATIONS
DATE OF APPLICATION:
ASSOCIATION CONTACT PERSON:
TITLE:
NAME AND ADDRESS FOR ASSOCIATION (CITY/STATE/ZIP):
PHONE:
FAX:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PLEASE INDICATE WHICH ONE OF THESE REGULATIONS YOU WILL FOLLOW
NOTE: NO WA TERING BETWEEN NOON AND 6 P.M. ON ANY DA Y
PER CITY ORDINANCE (ODD/EVEN)
WATER ONLY ON EVEN DAYS
WATER ONLY ON ODD DAYS
MONDAY /WEDNESDAY / FRIDAY ONLY
OTHER ALTERNATE SCHEDULE***
***PRE-APPROVAL REQUIRED FOR ALTERNATE SCHEDULES. SCHEDULE MUST BE
CLEARL Y WRITTEN AND EASIL Y UNDERSTOOD FOR DETERMINING COMPLIANCE.
WarningNiolation Tags Will Be Given To Each Address On The System In Violation Of
This Agreement
PLEASE ATTACH A LIST OF ALL ADDRESSES INCLUDED IN THIS AGREEMENT.
Return This Form and All Attachments To:
Brian Kraabel, Public Utilities Manager
City of Andover, 1685 Crosstown Blvd. NW
Andover, MN 55304
Phone: 763-767-5180 Fax: 763-862-8874
Please Fill Out One ADDlication Per Metered Svstem In The Association
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Sl\NDOV'ER4I
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, City Engineer
SUBJECT: Discuss Request for Autistic Child Signs (Continued) ~ Engineering
DATE: June 26,2007
INTRODUCTION
The City Council is requested to discuss resident's requests to have the City place impaired child
signs such as, Autistic Child, Deaf Child or Blind Child in the yard of a child with an
impairment.
DISCUSSION
This item was discussed at the May Workshop and the City Council requested additional
information on the number of autistic children in the Andover schools. The Anoka Hennepin
School District reports 48 school age students and 15 early childhood students for a total of 63.
See attached email from Jane Roundtree
As discussed in May, the City of Rochester recently approved an ordinance/policy that allows
residents to fill out an application, sign an agreement and pay a fee for an impaired child sign.
Refer to attached information from the City of Rochester' s policy.
ACTION REOUIRED
Staff is requesting direction from the City Council on how to approach such requests and discuss
if a policy is needed to proceed with such postings. If the City Council would like to proceed
with a policy and agreement, staff will bring the information to a regularly scheduled City
Council meeting for approval.
Respectfully submitted,
David D. Berkowitz
/
Attachments: Autistic Child Statistics (Email).&CityofRochester.sApplication.vA.greement
and Fee Waiver Form ./
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cc: Jenny Lar~on, 1285 _153rd Lane NW, Andover
Dav B rkowitz
From:
Sent:
To:
Subject:
Jane_Roundtree [Jane. Roundtree@anoka.k12.mn.us]
Thursday, May 31, 2007 2:28 PM
Dave Berkowitz
Autism/ASO
Dave,
Here are the numbers for Crooked Lake Elementary, Andover Elementary and Oakview Middle
School boundary areas:
48 school age students with ASD and 15 Early Childhood students (ages
birth-5) for a grand total of 63.
I am not sure what else you need. I can tell you that more students/children are being
identified with ASD then ever before. I am sure you can google "ASD" and find all kinds of
information about this disorder.
Let me know if I can be of any more help.
Jane
Ed.S., Program Supervisor Early
Wingfield Ave N Anoka, MN 55303
. Jane Roundtree,
Education Anoka-Hennepin Schools 2740
1
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City of Rochester
Permit Application for Impaired Child Sign
For placement within City Right-of-Way
Applicant Name
Street Address
City, State & Zip
Phone <--J
Applicant must read, complete and sign the agreement on the back of this application prior to the
fabrication and installation of the sign.
TOTAL CURRENT COST = $200.00 (Includes fabrication, installation, and overhead)
Make check or money order payable to: City of Rochester
Return this form to: City of Rochester Public Works
Attention City Traffic Engineer
201 4th Street SE, Room 108
Rochester, MN 55904-3740
"'
Age of QualifYing Child:
(signing will be provided up to 16 years of age)
Impairment for which the signing is requested:
Blind Child
Deaf Child
Autistic Child
Oty Use Only
Dated:
Permit No.
Payment Received:
Authorized:
Street
Area
MSA Route
City Of Rochester, MN
o Special Signing Permit Application, Impaired Chlld Signs
c
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AGREEMENT
I (W e) certity that a child (person under 16 years of age) with a qualifying impairment resides at the
addressed listed on the application, and that if this condition changes I (W e) will notity the City.
I (We) agree to accept the sign format, design, structure, and location determined by the City of
Rochester in compliance with all pertinent state signing standards and to make payment in advance
sign fabrication and installation.
I (W e) do also agree to participate in any additional maintenance and/or sign replacement costs
resulting from damage, vandalism, and other such occurrences beyond the control of the City. I (we)
agree to pay for all current costs required to repair the sign panels and/or structure. If total
replacement is required, I (We) agree to pay the City in advance the current cost for a new sign
and/or structure. In addition, I (We) understand that I (We) will be billed in advance for replacement
costs at the time the sign must be refurbished due to natural deterioration.
I (We) understand the sign placement is conditional on renewal of the permit yearly. A renewal
application will be sent in June and must be returned within 30 days with a check to cover the
administration fee of$15. If the renewal application is not received, the City will assume the signs
are no longer required or wanted and they will be removed.
Applicant may obtain the salvaged sign panel within 30 days of removal on condition that the sign
shall not be reinstalled on any public right ofway.
Applicant will hold the City harmless in the event the signs are placed and an injury occurs to the
qualifying child while the signs are in place.
Applicant will hold the City hannless in the event the signs are not placed or are removed and an
. injury occurs to the qualifying child.
I (We), the undersigned, herewith accept the terms and conditions and agree to fully comply
herewith to the satisfaction of the City. The City may remove the sign for any failure to comply with
these terms and/or non-payment of any repair or replacement costs.
Applicant Name:
Date:
(please Print)
Applicant Signature:
o
o
RIGHTS OF SUBJECTS OF GOVERNMENT DATA
IMPAIRED CHILD SIGN
"TENNESSEN WARNING"
In accordance with the Minnesota Government Data Practices Act, the City of Rochester is required to
inform you of your rights as they pertain to the information collected about you. Public information is
that information which is available to the general public; Private information is that information which
is available to you, not to the public: and confidential information is that information which is not
available to you or the public. The information we collect from you is either public or private. The
separation of that information is as follows:
PUBLIC -NAME AND ADDRESS OF APPLICANT(S) AT THE TIME OFAPPLICATION
PRIVATE -SOCIAL SECURITY INFORMATION, INCOME LEVEL, MEDICAL DATA,
HOME TELEPHONE NUMBER (MS 13.355 & 13.37(a))
The information collected and required from you is to determine your eligibility for a City of Rochester
Impaired Child Sign and/or Waiver of Sign Fee. If you do not supply the required information, the City
of Rochester will not be able to determine your eligibility.
The dissemination and use of the private data we collect is limited to that necessary for the
administration and management of the Impaired Child Sign program. Persons or agencies with whom
this information may be shared include:
CITY PERSONNEL INVOLVED IN DETERMINING YOUR ELIGIBILITY,
CONTRACTED PUBLIC AUDITORS, AND THOSE INDIVIDUALS TO WHOM YOU
GIVE YOUR EXPRESS WRITTEN PERMISSION.
Unless otherwise authorized by state statute or federal law, other government agencies utilizing the
reported private data must also treat the information private.
You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act.
These rights include:
THE RIGHT TO SEE AND OBTAIN COPIES OF THE DATA MAINTAINED ON YOu.
THE RIGHT TO BE TOLD THE CONTENTS AND MEANING OF THE DATA.
THE RIGHT TO CONTEST THE ACCURACY AND COMPLETENESS OF THE DATA.
To exercise these rights, contact the City Clerk's Office, Room135, City Hall, Rochester, Mn. 55904
*******************************************************************
I HAVE READ AND UNDERSTAND THEABOVE INFORMATION REGARDING
MY RIGHTS AS A SUBJECT OF GOVERNMENT DATA.
(Signature of Data Subject)
(Date)
o White Copy - City Clerk's Office
Buff Copy - Applicant
o
o
o
APPLICATION FOR WAIVER OF SIGN FEE
FOR IMPAIRED CHILD
Complete the information below to request waiver of the $200.00 cost for sign materials and
installation for Impaired Child Signing.
Please attach a copy of the Application for Impaired Child Sign filed with the Public Works
Department.
Name
Address
Home Phone Number
Household Income (annual)
Do you file income tax returns?
Please provide a copy of most recent year federal income tax return. If you no longer file income
taxes, please provide us with a Social Security Benefit Statement and indicate any other income
sources.
Signature
Date
Please . return this form along with any other documentation requested to:
City Clerk's Office
City Hall .
201 4th Street SE
Rochester MN 55904
If Y u have any questions about the application form or documentation required, please call
the City Clerk's Office at 507.285.8086
Revised 02127107
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
cc:
TO:
FROM:
SUBJECT: Discuss Marystone Boulevard NW/Roanoke Street NW/07-33 - Engineering
DATE: June 26, 2007
INTRODUCTION
Residents on Marystone Boulevard and Roanoke Street have enquired about revisiting the
possibility of paving their roads. This item is to discuss design options and discuss residents
concerns and comments.
DISCUSSION
As you may recall, paving of Marystone Boulevard and Roanoke Street was discussed in late
2002 and continued into 2003. The project did not move forward. Since that time there has been
interest again to pave these streets.
Staff met with the residents along the roadway section on June 18th to discuss minimum design
standards and receive comments. There were representatives from 6 properties out of the 8
properties that would be impacted. Attached is the sign-in sheet from the meeting.
There were two minimum design options discussed at the meeting. The first option is to pave an
18 foot wide road with a 1 foot gravel shoulder on each side. A minimum 7 foot clear zone (tree
removal) is required from the edge of the pavement. The total width to be cleared would be 32
feet. The existing gravel road ranges in width from 12 to 16 feet.
The second option would be to pave an 18 foot width and construct B6l2 concrete curb and
gutter. In this option a minimum clear zone of 1.5 feet is required. The total minimum width to
be cleared would be 24 feet to meet the clear zone requirements. To construct the curb properly,
a foot or two may be needed on each side making a total construction width of 26 to 28 feet.
This option would not provide adequate snow storage within the boulevard.
Right-of-way would need to be dedicated by the property owners along with drainage and utility
easements to handle storm water. Staff met with the LRRWMO Engineer to discuss possible
storm water requirements. Storm water would be allowed to discharge to existing low areas as
long as adequate easement is acquired. Design considerations to handle potential erosion
problem areas would need to be dealt with in the final design.
Mayor and Council Members
June 26, 2007
Page 2 of2
Verbal resident comments from the June 18th meeting were mainly regarding cost, tree removal,
proper drainage and existing right-of-way compared to the existing road location. Comments
that were received as of June 21, 2007 are included with this item.
Staff has prepared a preliminary cost estimate for discussion purposes. Refer to the attached cost
estimate for details.
ACTION REOUlRED
This item is for discussion and no action is required at this time. Staff is requesting direction on
how to proceed with this potential project.
Respectfully submitted,
David D. Berkowitz
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Attachments: Neighborhood Meeting Sign-in sheet, Preliminary cost estimate and Resident
Comments ./
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Marystone Boulevard Feasibility Cost Estimate
C.P.07-33
Mo IhzatlOn
Traffic Control
Clear and Grub Trees (2' width)
Fine Grade & Reshape Subgrade
Common Excavation (EV)
Pulverized Topsoil Borrow (LV)
Aggregate Base Class 5
Bituminous Non-Wear Course (MnDOT 2350 LV 3)
Bituminous Wear Course (MnDOT 2350 LV 4)
Bituminous Tack Coat
B612 Concrete Curb & Gutter
Erosion Control Blanket
Silt Fence
UNIT
LS
LS
LS
STA.
CY
CY
TN
TN
TN
Gal
LF
SY
LF
'750 Fe~+
1
1
1
17.5
1880
130
673
336
336
175
3500
1560
2000
7,500.00
$500.00
$10,000.00
$3,500.00
$16,920.00
$2,340.00
$10,768.00
$20,160.00
$21,168.00
$350.00
$31,500.00
$3,900.00
$5,000.00
Estimated Construction Cost
20% Contingency
30% Indirect (Engineering, Admin, Staking, Inspection, etc.)
Total Estimated Street Construction Cost
$133,606.00
$26,721.20
$48,098.16
$208,425.36
18' Wide with I' Gravel Shoulder - 7' Clear Zone
7,500.00
$500.00
25,000.00
$3,500.00
$21,960.00
$4,680.00
$10,768.00
$2,560.00
$20,160.00
$21,168.00
$350.00
$18,900.00
$7,775.00
$5,000.00
Estimated Construction Cost
20% Contingency
30% Indirect (Engineering, Admin, Staking, Inspection, etc.)
Total Estimated Street Construction Cost
$149,821.00
$29,964.20
$53,935.56
$233,720.76
Preliminary Cost Estimate - Total Project
Exhibit 10
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COMMENT SHEET
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NEIGHBORHOOD INFORMATIONAL MEETIN
Marystone Boulevard NW/Roanoke Street NW (Project 07-33)
Monday, June 18, 2~07 I 6:00 p.m.
INFORMATIONAL MEETING
ANDOVER CITY HALL
1685 CROSSTOWN BOULEVARD NW
ANDOVER, MN 55304
James c1tJacquetine !NeilSon
Name: 4949 fMarystone (jjEvtf!N'W
- fl1U/"cnJer, fMinnesota 55304-1635
Address:
Phone: If:;"! - 0 ~55)' E-Mail: -(j o-.....e-fs2...-l'7 t-f '1 '-fer e filLS VL Cc.n
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H:IEngineeringlCity ProjeclslOpen City Projeclsl07 -33 Marystone Blvd-Roanoke StlWord DocumenlslCorrespondancelCOMMENT
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06/21/07
Concerns for the Roanok & Marystone Road work bing discussed.
Robert Sykes
15800 Roanoke St NW
Andover, MN 55304
Concerns and Questions:
I have listed items into two (2) areas and some of my comments and questions do not apply just
to my property line area but are things that need to be considered by engineering for this
improvement.
Area #1 - Flat from 159th south of 2nd driveway (Mine)
. Area is flat and water does not drain either way which creates water ponding
between my driveway and 159th.
. Water has been moved north with re-grading so as not to effect the 2 houses in
that area.
. Q.) How will this area be drained off the new road surface? Raise the road
surface to allow run off the edges without curbs? Will this area have a curb
system or open crowned roadway?
. Q.) Define the RW location and where the additional land will come from between
159th and my south property line.
. Q.) Will the small ditch remain along my lot line? This ditch is slowing
disappearing because of the plowing and the changing of the roadway, cutting
my ditch smaller, filling with road material and making it impossible to mow.
Who ever is doing the roadway grading or maintenance should be talked to
explaining that it is hard to maintain the ditch the way he leaves it.
Area #2 - South of my driveway to end Marystone and the Amdahl area.
. There is an approximate elevation change of19.33' grade change between my
south property line to Grandsire's 1st driveway. .
. Paving the roadway will increase the impervious area and the water drainage will
create a challenge for the design. It will be very hard to keep the water off of or
keep the water from crossing over the road roadway, making it a safety condition
for winter driving.
. Q.) How will the drainage be controlled?
. Q.) What spillways and controls will need to be created and where?
. Q.) Assumed that this roadway distance would be curbed for better stormwater
control.
. Q.) How will the higher elevation along the north edge be graded and contoured
to create a non washing soil slope behind the curbs. In doing this how much
additional grading will be required to perform this beyond the RW lines?
. Q.) Define the location of the actual RW on this section, is it north or south of the
existing roadway?
. Q.) Will there be a curbed cult sac at the end for vehicles to turn around, buses,
plows, mail carriers and just lost souls?
2.) General Comments and Questions:
Q.) Please explain the Cities approach to what type of road or combination would be
used, open edge or curbed, and where?
Q.) When would this roadwork take place?
Q.) How would the property owners be assessed?
Q.) Estimated value for the new road?
Q.) Assume all of the engineering, testing, quality control is all included into the estimate,
no additional hidden costs.
Q.) How much will the City participate to the cost of this improvement?
Roanoke Road Improvement
Bob Sykes
2
Q.) If not improved would the City Chemical the roadway during the dusty season, and if
so how often would they do this?
In closing I personally do not need the roadway improvement. When we were discussing this in
2003, I was against dollars going into a substandard roadway improvement to save someone
from getting their car dirty.
Thank you for your time and we will continue to discuss this issue.
Bob Sykes
Emailed to Dave Berkowitz, City Andover
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
To:
City Council
cc:
Jim Dickinson, City Administrator
David Berkowitz, City Engineer t:tlb
From:
Kameron Kytonen, Natural Resources Technician
Subject:
Diseased Tree Removal/Sanitation Enforcement Policy - Engineering
Date:
June 26, 2007
INTRODUCTION
This is to continue discussion from the January 23, 2007 workshop over a policy for
enforcement of diseased trees in the City.
DISCUSSION
A lingering concern over this policy involved how to deal with situations where it was
beyond the ability of the affected property owner to pay for the tree removal if they had a
large piece of property with dozens of diseased trees.
Staff discussed the issue and added a clause to the policy stating costs of the removal and
treatment exceeding a certain amount (10% of the land value or $10,000) would require City
Council approval prior to condemnation.
ACTION REOUESTED
It is requested that the City Council review the draft policy and direct staff on how to proceed
with implementation ofthe diseased tree enforcement program.
ReS~llY SUb~
~onKyto::r-
Natural Resources Technician
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
City of Andover
Diseased Tree Removal/Sanitation Enforcement Policy
Summer 2007
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Table of Contents
Page
Section I. General Policy Statement 3
Section II. Diseased Tree Enforcement Process 4
Section III. Hiring City Contractor 6
Section IV. Abatement and Assessment Process 7
2
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Diseased Tree Removal/Sanitation Enforcement Policy
Section I. General Policy Statement
The City of Andover is home to many specimen trees and woodlands of valuable trees
including but not limited to oak, maple, ash and pine. Each year, the future of these
resources is under increased pressure due to factors including development and insect and
disease problems.
The City considers diseased trees to be public nuisances. This policy outlines the
strategies that will be used to ensure that diseased trees will be properly treated. This will
help save more trees in the community and offset the effects of all insect and disease
problems in our urban and community forests.
Currently, oak wilt and Dutch elm disease are two diseases that have reaked havoc on
each species of trees respectively. Each year, hundreds of trees die from these aggressive
diseases. Because of the nature of how the diseases spread, proper sanitation of the
diseased trees is an important step in preventing further spread to healthy trees. In
general terms, sanitation refers to removing and properly treating the wood of the trees,
which can be done in one or more of many different ways.
Other insect and disease problems, such as the emerald ash borer (EAB), offer additional
long-term concerns. This particular insect kills all species of ash trees and has killed
millions of ash trees in the Detroit area; it is threatening to move into Wisconsin and
Minnesota. Because of the large populations of ash in Minnesota and the difficulty in
controlling this insect, its arrival in this state could be devastating.
Due to these ever-growing concerns, it is critical that local units of government insert
policies and work with property owners to increase awareness of these current and
potential threats. It is equally important that local units of government take a proactive
approach to ensure that diseased trees are properly treated by established deadlines.
3
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Diseased Tree Removal/Sanitation Enforcement Policy
Section II. Diseased Tree Enforcement Process
Overview:
The following outlines the general process of how the Natural Resources Technician
(NRT) or designee will handle typical situations as a result of a positive diagnosis of
diseased trees on private properties in the City of Andover. These practices are governed
by Minnesota Statutes l8G.13. The specific actions taken are based on tree diseases that
are considered through Andover City Code and State Law to be public nuisances.
How Property Inspections of Diseased Trees are Initiated:
There are generally three different scenarios that trigger an initial property inspection.
They are:
1. A property owner (PO) requests the City to perform an inspection on their
own property;
2. A complaint is made from another source that requests the City to perform
an inspection on a given property; and
3. Diseased tree(s) noticed in the field by the City.
General Enforcement Process:
A general process shall be followed based on how the first inspection was initiated.
Under each scenario that triggers the first inspection, a series of steps to be taken by the
City will be listed.
1. PO Requests Inspection on Their Property:
a. NRT or designee shall visit site and evaluate property; will consult with
PO and explain findings;
b. NRT or designee shall send Declaration of Nuisance (see "attachment I")
to PO; and
c. Compliance check done by NRT or designee.
i. If found to be in compliance: no further action taken at this time
ii. If found to be out of compliance: refer to Section IV.
2. An Inspection on a Given Property Stemming From Complaint:
a. NRT or designee shall visit site and evaluate property first; will leave
notice (see "attachment 2") or send initial letter (see "attachment 3") to PO
if nuisance( s) detected;
i. Call back (from PO):
1. NRT or designee will consult with PO and explain
findings;
4
[Q)t9JflJ~f
2. NRT or designee shall send Declaration of Nuisance to PO;
and
3. Compliance check done by NR T or designee
a. If found to be in compliance: no further action
taken at this time
b. If found to be out of compliance: refer to Section
IV.
11. No call back (from PO):
1. NRT or designee shall send second letter (see "attachment
4") and Declaration of Nuisance to PO; and
2. Compliance check done by NR T or designee
a. If found to be in compliance: no further action
taken at this time
b. If found to be out of compliance: refer to Section
IV.
3. Diseased Trees Noticed in Field by the City:
a. NRT or designee shall follow all the same steps as scenario #2 above.
Additional details:
. "In compliance" refers to property owners who take all of the
measures listed in "attachment 6;"
. NR T or designee may mark diseased trees with tree marking
paint, ribbons, etc. and/or map them at any time;
. NRT or designee shall promptly notify potentially affected,
adjacent property owners of disease existence in area (see
"attachment 5");
. NRT or designee will provide adequate literature including, but
not limited to, information on the disease(s) present, a list of
licensed Andover tree care companies and a handout on proper
disposal and treatment of diseased wood (see attachment 6");
. NRT or designee will send a reminder letter no later than January
15 to property owners who have diseased trees that are
considered public nuisances, which will indicate intentions to
inspect (perform compliance check);
. If NR T or designee encounters property where there are no
trespassing signs and/or there is resistance from a property
owner, the accompaniment of a sheriff will be requested prior to
inspection;
. Standard compliance checks will begin no earlier than February
1 of each year and will go until all recorded properties have been
addressed;
. Special compliance checks will begin no earlier than the date on
the Declaration of Nuisance for that particular property.
5
@[9JJJ~r
Diseased Tree Removal/Sanitation Enforcement Policy
Section III. Hiring City Contractor
Each year, the City shall hire one contractor to perform removals and/or treatments of
trees considered by the City to be public nuisances. This contractor will be utilized by
the City when property owners have failed to meet the deadline set forth in the
Declaration of Nuisance. Additional details on this are as follows:
1. The City will set up a bid opening, inviting all Andover licensed tree care
companies to submit sealed bids on removal and proper treatment of diseased
trees;
2. Interested contractors will put down what the charge will be per diameter inch of
tree (as measured 4.5 feet up from ground level) to perform the following:
a. Cutting down the tree and leaving the stump no higher than 2 inches above
the finished grade;
b. Hauling away and properly treating all of the wood and brush
3. The City will formulate a formal contract with the hired contractor, which will
outline all of the pertinent details describing expectations, responsibilities,
timeframes, penalties, etc.; and
4. The length of the contract will be from February 2 to December 31 of each year.
There may be situations that have special circumstances. A situation involving a property
containing a large volume of diseased trees may be encountered. This may occur on land
of a large property owner, such as a farmer.
In these instances, the NRT or designee will decide whether or not it's feasible to use the
City contractor for the work. These cases may render the need to hire a logger or land-
clearing company to perform the work.
If this situation occurs, the NRT or designee will have the right to get at least two bids
from contractors of this sort and hire it out.
If the bid from a contractor exceeds 10% of the land value or a maximum of $10,000, the
nuisance abatement will be subject to City Council approval prior to condemnation.
6
fP)[9J#J~r
Diseased Tree Removal/Sanitation Enforcement Policy
Section IV. Abatement and Assessment Process
For those property owners who fail to abate the public nuisance(s) noted on their
property, the City will abate the public nuisance(s) and assess the property as follows:
1. The NRT or designee will quantify the number and sum up the total diameter of
all of the trees to be condemned;
2. The City contractor will be notified to review the property and will submit a
proposal to the City within the timeframe established under the contract;
3. The NR T or designee will provide written authorization to the City contractor to
perform the work;
4. Upon completion, the NRT or designee will evaluate the property to ensure
conformance to standards and pay the contractor for services provided; and
5. The NRT or designee will send a letter to the property owner summarizing the
charges to be paid, and shall report the same to the City Clerk.
6. If the property owner fails to pay the City within the designated time period, the
City Clerk shall list all such charges, along with a City administrative cost,
against each separate lot or parcel by September 1 st of each year as special
assessments under Minnesota Statutes Section 429.101, and other pertinent
statutes. These special assessments are to be collected commencing with the
following year's taxes, unless provided for otherwise by consent and action of the
City Council. All assessments levied for the repayment of tree disease abatement
costs shall be payable in a single installment pursuant to Minnesota Statutes
Section 429.101, Subd. 2.
7
@fJ#J?r
(Attachment 1)
STATE OF MINNESOTA
CITY OF ANDOVER
Declaration of Nuisance-Notice to Abate
City Code 4-3
THIS DECLARATION OF NUISANCE AND NOTICE TO ABATE is hereby made this_
day of , 2006, pursuant to Andover City Code 4-3.
You are hereby notified that the City of Andover has determined the existence of
(nuisance) at property located at
(address). According to records on file with the
City, you are the property owner. You are hereby ordered to abate the nuisance by
undertaking the following corrective action:
Removing the (number of trees) marked tree(s) and leaving the stump(s)
no higher than two inches above the surrounding grade and properlv treating the
wood in accordance with the directions set forth in the attached "Proper
Disposal/Treatment of Diseased Wood" form.
This abatement action must be completed by , 2006
and in conformance through a compliance check by the Natural Resources Technician
or designee. Be advised that any contractors used in the City of Andover must be
licensed by the City.
If you fail to complete the necessary abatement action by the deadline set forth above,
the City may undertake to abate the nuisance directly and may commence legal action
against you to abate the nuisance. Pursuant to city ordinance, any costs incurred by the
City in abating the nuisance will be reported to the City Clerk as a cost to be levied as a
special assessment on the real estate taxes for this property.
Please understand that you have the right to appeal this nuisance declaration with the
City Council by filing a written appeal demand with the City Clerk within ten (10)
business days of the date hereof. Should you fail to do so, the Order will become final.
Please do not disregard this notice. Please contact the Natural Resources Technician at
763-767-5137 if you have any questions.
Date:
Natural Resources Technician
(Attachment 2)
[Q)fffl!J[s7f
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
763-755-5100
www.ci.andover.mn.us
Date:
Address:
Inspector:
NOTICE
Upon a recent inspection, the City of Andover
Tree Inspector has observed the presence of one
or more of the following on your property:
D Oak wilt
D Dutch elm disease (DED)
D Emerald ash borer (EAB)
D Other
Under Andover City Code and Minnesota Law, the
disease(s) listed are considered public nuisance(s),
which are required to be treated. Please contact the
City Tree Inspector at 763-767-5137 within 10
days from the date of this notice to discuss treatment
options. A formal Declaration of Nuisance describing
minimum treatment measures, deadlines, etc. along with
attachments will be sent under separate cover. Your
cooperation is greatly appreciated.
Notes
@ff?J!J~f
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
(Attachment 3)
Date
Owner/Occupant
Address
Andover, MN 55304
Re: Diseased Trees
Dear Property Owner:
This letter is to inform you that, based on a recent inspection, there is
(nuisance) located on your property. Under Andover City
Ordinance and Minnesota Law, trees infected with (nuisance) that are
not properly treated are considered a public nuisance, which property owners are
required to remedy. Therefore, steps must be taken to deal with the problem. A
copy of Andover City Code 4-3 is available on request and is also on the City's
website www.cLandover.mn.us
Attached is information on (nuisance), a list of licensed tree care
companies in the City of Andover and a handout on proper disposal and
,treatment of diseased wood. If you contract the work out, the contractors used
must be licensed by the City. Please give me a call at 763-767-5137 within ten
days from the date of this letter to discuss treatment options. I would be happy to
offer advice or take questions or concerns you may have.
Please do not ignore this, as a follow up letter is likely. Your cooperation is
greatly appreciated.
Sincerely,
Kameron Kytonen
Natural Resources Technician
KK:rja
Encl. '
{9)[fjj4J?7r
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
(Attachment 4)
Date
Owner/Occupant
Address
Andover, MN 55304
Re: Diseased Trees
Dear Property Owner:
There has been no record of any contact from you as requested from the first letter
dated (date) regarding the (nuisance) problem
at (address). Under Andover City Ordinance and Minnesota Law,
properties that have trees infected with (nuisance) that don't receive
adequate treatment are considered a public nuisance, which property owners are
required to remedy. Therefore, steps must be taken to deal with the problem. A copy of
Andover City Code 4-3 is available on request and is also on the City's website
www.ci.andover.mn.us
Enclosed is a Declaration of Nuisance ordering abatement of the
(nuisance). Please give me a call at 763-767-5137 within ten days from
the date of this letter to discuss the treatment options. Please understand that if I do not
hear from you, your property will be re-inspected to verify adequate treatment of the
(nuisance). Should this inspection indicate that you have failed to
comply with the nuisance declaration, the City may commence legal action to treat the
(nuisance) and assess the cost against your property.
Your cooperation is greatly appreciated.
Sincerely,
Kameron Kytonen
Natural Resources Technician
KK:rja
Enc!.
Date:
Address:
Inspector:
(Attachment 5)
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
763-755-5100
www.ci.andover.mn.us
NOTICE
This is to make you aware that based upon a recent
inspection in your neighborhood, the City of
Andover Tree Inspector has observed the presence
of one or more ofthe following:
D
D
D
D
Oak wilt
Dutch elm disease (DED)
Emerald ash borer (EAB)
Other
There is a threat that the disease may spread to
your property. Under Andover City Code and
Minesota Law, the disease(s) listed are considered
public nuisances, which are required to be treated.
Please call the City Tree Inspector at 763-767-5137
for further discussion. Your cooperation is greatly
appreciated.
Notes
...!fV~. ~"rr'
jY() '~ Z
(Attachment 6) [Q)ml#J~r
PROPER DISPOSAL/TREATMENT
OF DISEASED WOOD
Diseased red oak wood, with bark intact, that is potentially spore-producing (PSPT) and diseased/dead elm or pine or
any elm or pine firewood with bark intact shall be properly treated to prevent overland spread of the disease per City
Code and Minnesota Law. This shall be done by one of the following ways:
I. CHIPPING OR GRINDING: the chips are safe to use after for landscaping purposes, as they will not spread
the disease ifleft out in the open;
2. DEBARKING: if the wood is debarked, the oak wilt fungus cannot form fungal spore mats and the elm and
pine bark beetles cannot complete their life cycle;
3. BURNING: this can be done any time of year, as it is an obvious choice for preventing overland spread; if
stored as firewood during the growing season, see below information;
4. PROPERLY COVERING AND SEALING: any wood that is stored with bark intact shall be covered and
sealed with a 4 to 6 mil heavy plastic tarp or sheeting; a black tarp will absorb heat the best, which will aid in
. the drying process; the best way to do this is as follows (see diagram below):
a. Dig a 4-inch trench completely around the wood pile;
b. Cover the wood pile with a tarp or sheeting that is large enough to completely cover the pile;
c. Overlap the ends of the tarp or sheeting, so it extends beyond the trench;
d. Fill the trench with dirt to completely seal the wood pile.
If dirt cannot be used or a trench cannot be dug because the ground is frozen, too hard to dig, etc., the ends of
the tarp shall be weighted down completely on all edges.
Other Key Information:
>> The diseased wood does not need to be properly covered and sealed during the months of November thru
March;
>> Branches smaller than 2 inches do not need to be treated;
>> Generally, red oak trees that have died in the summer may be potentially spore-producing the following
spring and summer only; thus, the wood is only a hazard for one growing season;
>> Elms and pines are hazardous until the bark falls off the wood, so their may be one or more growing
seasons when the wood is a hazard;
~ A hazardous wood pile that is properly covered and sealed may be uncovered and accessed (i.e. to grab a
piece of firewood) as long as it is immediately covered back up and sealed to prevent disease spread.
Hazardous wood (stacked and seen underneath tarp or sheeting)
ing
Diagram of cross-section of
Dirt-filled trench
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . W.CI.ANDOVER.MN.US
--'
TO:
CC:
Mayor and Councilmembers
Jim Dickinson, City Administrator , J
Will Neumeister, Community Develop ent DirectorUi~
Courtney Bednarz, City Planne~
SUBJECT: Discuss Direction to Open Space Commission - Planning
FROM:
DATE: June 26, 2007
INTRODUCTION
The Council has made appointments to the Open Space Advisory Commission. Staff has been in
contact with each of the new commissioners and they have accepted their appointments. The
next step is to review and approve by-laws for the commission to follow and to give general
direction to get them started.
DISCUSSION
A draft by-laws document is attached. This document is a modified version of the by-laws for
the Community Center. Two items from the last meeting are noteworthy:
1. The Council discussed an update from the commission at regular intervals, perhaps
monthly. Please advise staff on how to proceed.
2. The draft by-laws would have just one commission member assigned to a one year term.
The Council is asked to change an appointment or the by-laws to address this item.
3 years
3 years
3 years
2 years
2 years
1 year
1 year
Deric Deuschle, Chair
Gretchen Sabel, Vice-Chair
Winslow Holasek
Kim Kovich
Bruce Perry
Jody Keppers
Jim Olson
Work Program
It is anticipated that the advisory commission will make recommendations to the Council on the
following items:
. The criteria established in the Comprehensive Plan
. Whether available inventory information is sufficient or whether a more detailed resource
inventory needs to be done
. Which programs are available to help the city leverage funding
. Publicity and policies for approaching property owners
. The property identification and selection process
. The method of land valuation and acquisition,
. Standard conservation easement requirements
. Whether land under consideration meets the criteria established in the Comprehensive
Plan
. A process for ongoing monitoring of the land and program in general
First Meeting Date
Staff anticipates that the first meeting will be held on Wednesday, July 11, 2007.
ACTION REOUESTED
The Council is asked to approve the attached by-laws and to provide any additional direction for
the advisory commission to consider.
Attachment
Draft By-Laws
-2-
ANDOVER OPEN SPACE ADVISORY COMMISSION BY -LAWS
(adopted June 26, 2007)
1.01 ESTABLISHMENT AND PURPOSE OF THE COMMISSION
There is hereby created an Open Space Advisory Commission, pursuant to authority given by
Minnesota Statutes, and shall have the membership, responsibilities, and authority as set forth
below.
1.02 MEMBERSHIP, APPOINTMENTS
The Commission shall be composed of seven (7) members, with members being Andover
residents and appointed by the City Council. Vacancies shall be filled for the unexpired portion
of a departing member's term by action of the City Council. The Administration and
Community Development Departments will serve in a staff support capacity.
1.03 MEMBERSIDP, TERM OF APPOINTMENTS
The term member of each commissioner shall be three (3) years. Commissioners shall serve
until their successor is appointed and qualified. The City Council reserves the right to waive this
rule. No member shall serve more than two successive terms or six (6) years, whichever is
longer. Initial appointments shall include three (3) three-year terms, three (3) two-year terms,
and one (1) one-year term.
1.03 OFFICERS
The City Council shall appoint a chairperson for the Commission. The Commission will hold
elections for the positions of vice chairperson and secretary. They shall have duties as implied
by their titles.
1.04 MEETINGS
All meetings of the Commission shall be held in conformance with the Minnesota Open Meeting
Law. The Commission shall hold regular monthly meetings at a time and place to be set by the
Commission, and such special meetings as may be called as deemed necessary by the
Commission Chairperson, Secretary, or the City Council. The Commission shall keep and
preserve accurate minutes of each meeting of the Commission or any. committee thereof and
these minutes shall be kept on file in the City Clerk's office. The Commission shall adopt rules
of conduct for its meetings and the transaction of its business. A majority of members shall
constitute a quorum for taking action. Each member shall have one vote.
1.05 ATTENDENCE
Any Commissioner who fails to attend three (3) consecutive monthly meetings, (without a valid
excuse) of which notice was properly given, may be subject to expulsion from the Commission
upon notice of a meeting of the Commission to consider same. An expulsion action requires a
majority vote of the remaining members of the Commission in attendance at said meeting. Any
expulsion does not become effective until accepted by the City Council.
1.06 GENERAL POWERS AND RESPONSIBILITIES
-3-
The Open Space Advisory Commission is commissioned to make recommendations to the
Council on the following items:
. The criteria established in the Comprehensive Plan
. Whether available inventory information is sufficient or whether a more detailed resource
inventory needs to be done
. Which programs are available to help the city leverage funding
. Publicity and policies for approaching property owners
. The property identification and selection process
. The method of land valuation and acquisition,
. Standard conservation easement requirements
. Whether land under consideration meets the criteria established in the Comprehensive
Plan
. A process for ongoing monitoring of the land and program in general
1.07 SPECIFIC POWERS AND RESPONSIBILITIES
. Adopt rules for its meetings and the transaction of its business
. Adopt policies that fulfill the goals of the approved referendum for open space purchases.
. Develop and review with the City Council short and long term plans and goals and
appropriate strategies to accomplish these goals.
. Serve with compensation set by the City Council. Expenses that are deemed necessary
and budgeted may be incurred.
1.08 PREPERATION OF PROGRAM AND BUDGET
The Open Space Advisory Commission shall, based on input from staff, adopt an annual budget
for the Commission and present it to the City Finance Director no later than August 1 st of each
year for the subsequent year. The budget, as recommended by the Commission and approved by
the City Council, shall control the year's expenditures. The Commission shall recommend
divisions of responsibility between private agencies, other public agencies, and the Commission
itself. The Commission's programs shall be described in terms of activities and supportive
finances.
1.09 FINANCES OF THE COMMISSION
The Open Space Advisory Commission will have no taxing authority. The City Finance
Department will serve as the Fiscal Agent for the Board and will provide timely reporting to the
Commission. An audit of funds shall be made annually and be made in conjunction with the
funds of the City.
1.10 EFFECTIVE DATE
This framework shall become effective upon the appointment of the full Commission by the
Andover City Council.
~~-
CITY OF
NDOVE
(j)
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US
TO:
CC:
FROM:
SUBJECT: Animal Control Code Discussion (continued) - Planning
DATE:
June 26, 2007
INTRODUCTION
At the May 22, 2007 Council workshop, staff was directed to do some research to see if the City needs to establish
new regulations related to Animal Control on the following:
. Restraint
. Nuisance
. Banning Certain Breeds of Dogs
Attached to this report are a few cities codes that staff researched and a submission by a resident. These
highlighted sections help cover the first two bullet points. Some cities do a good job defining these better than the
current Andover Code. The third bullet point is unlawful as described in State Statute Section 347.51 Subd. 8.
(see attached copy).
DISCUSSION
In checking with our law enforcement staff, they feel there that Andover's Animal Control Code is better than the
other cities that they work for. If the Code needs clarity to be added for better enforcement, then the Council
needs to make that determination and if so, send it to the Planning Commission for a public hearing to rewrite
some sections. The City of Lakeville Code (attached) has a very good definition of "restraint", that may be worth
considering as language that should be amended into our City Code.
The City of Plainview (code attached) has some better clarity in their nuisance definition of what constitutes a
habitually barking dog: "Habitual barking shall be defined as barking for repeated intervals of at least five
minutes with less than one minute of interruption".
ACTION REOUESTED
The Council is requested to read over the available information and determine if there is a need to modify the
Animal Control Code.
Respectfully Submitted, uJi-
Will Neumeister
Attachments (Minutes from May 22, 2007 Council Workshop, current Andover Animal Control Code, State
Statute, City ofLakeville Code, City of Plain view Code, code from resident)
Regular Andover City Council Workshop Meeting
Minutes - May 22, 2007
Page 5
th e are going to dredge the creek but the City cannot make them meet requirements but the
Federal Gov t can require that.
Mr. Heiling wondered ifhe will get c . g for doing maintenance on the easement on
his property. Mayor Gamache indicated he would no .
Mr. Berkowitz indicated they have a two-year warranty on all of their projects.
.. ANIMAL CONTROL ORDINANCE DISCUSSION
Councilmember Jacobson suggested they send this to the Planning Commission and have them
look at "invisible fencing" and see if there are any other changes they can think of and have staff
contact the individual who has been contacting the Councilmembers of the Planning Commission
date.
Councilmember Orttel stated the resident's issue is not the fencing, it is the dog barking
incessantly. Councilmember Knight wondered if an invisible fence is considered an adequate
barrier.
Councilmember Trude thought they should send a few different issues to the Planning
Commission. 1) What constitutes a restraint and how does an invisible fence fit in. Should dogs
be kept in the front yard with an invisible fence. 2) What constitutes a nuisance; 3) What type of
dogs should the City list as dangerous and should they list any.
Mayor Gamache stated the only thing they have in the ordinance is regarding restraint. He would
like to find out what that means. He thought the invisible fence would be covered in that section.
Councilmember Jacobson thought they should have the Planning Commission look at that for
the invisible fencing.
Councilmember Trude asked what specifically they want the Planning Commission to look at.
Councilmember Jacobson thought the Planning Commission should look at technology such as
the invisible fence. Mr. Neumeister stated the Planning Commission is going to want more
information in order to discuss this. Mayor Gamache stated he would like more of a defInition
for restraint.
Councilmember Trude thought they need to look at the nuisance area in the ordinance to defme it
and make it more enforceable.
Mayor Gamache thought Section 5A-1A-l in the ordinance covers the problem and stated he
does not want to get into any more restrictions.
Councilmember Jacobson wondered if a report should be written even if the CSO officer does
not see the dog barking. He thought maybe they should have it in the ordinance that after so
many reports, it should be considered a nuisance. Mr. Neumeister thought the ordinance should
-z.-
Regular Andover City Council Workshop Meeting
Minutes - May 22, 2007
Page 6
be changed to define it a little better.
Council consensus was to seek law enforcement input and bring it back to Council.
Councilmember Jacobson stated he was suggesting there be a trigger mechanism in the ordinance
for the Sheriff's Department to go by.
D CUSS TIME LIMIT ON BUILDING PERMITS
eister showed photos of two homes on l33rd indicating these homes were built 18 months
ago and in foreclosure and wondered what they can do because the City does not have any way to
get the wor one.
Councilmember cobson wondered if the City should get a deposit when someone applies for a
building permit to ure the homes will get finished in a timely manner.
Mr. Berkowit2 indicated e homes shown have also defaulted on the escrow payment to the City and
the City Clerk is dealing w' this. Mr. Neumeister explained when a house goes into default or
foreclosure there is really not . g we can do until the bank gets the house.
Councilmember Knight suggested 1 it is in default or foreclosure they wait it out until it goes to the
bank and then go after the bank.
Councilmember Jacobson thought if staff
a letter indicating the homes need to get fixed
d out what bank holds the lien they should send them
or they will have an abatement process put on them.
DISCUSS IRRIGATION AGREEMENT wn:
Mr. Berkowitz reviewed the irrigation agreement with e Council.
Councilmember Trude thought the agreement looks good th way it was written by staff. Mr.
Berkowit2 thought the agreement would get the City to comm . cate better with the associations.
Councilmember Jacobson stated his concern is with the smaller uni sociations. Mr. Berkowit2
thought it may be a minimum of a $100 fine and go from there. He w dered if the Council
wants to see something addressed in the fee schedule to address this. Th Council thought that
would be a good idea.
Mr. Berkowitz wondered if the City Attorney indicates they cannot charge per .t, what they
should do. The Council thought he should check on what would be allowed and b
with the fee schedule changes.
DISCUSS REQUEST FOR AUTISTIC CHILD SIGNS
Mr. Berkowitz explained there have been several requests for Autistic Child signs in the communi
-3-
SECTION:
5-1A-1:
5-1A-2:
5-1A-3:
5-1A-4:
5-1A-5:
5-1A-6:
5-1A-7:
5-1A-8:
5-1A-9:
5-1A-10:
5-1A-11:
5-1A-12:
5-1A-13:
5-1A-14:
5-1A-15:
5-1A-16:
5-1A-17:
5-1A-18:
5-1A-1 :
JJ
e-u/ZtL-t9VT
A> t? \1
A'YPol~ aPe?
CHAPTER 1
ANIMAL CONTROL
ARTICLE A. DOGS AND CATS
Definitions
Dog Licensing Requirements; Exemptions
Number Of Dogs And Cats Restricted
Violations
Control Of Animal; Excrement Removal Required
Obligation To Prevent Nuisances
Impoundment And Redemption Provisions
Permissible Return Of Unrestrained Dogs And Cats
Improper Care And Treatment Prohibited
Muzzling Proclamation
Dangerous And Potentially Dangerous Dogs And Cats
Summary Destruction Of Certain Dogs
Dog Kennels
Dog Enclosures
Enforcement Officials
Citations
Abatement Of Nuisance Conditions
Violation; Penalty
DEFINITIONS:
Any premises designated by the City Council for th
purpose of impounding and caring for the dogs and
cats held under the authority of this article.
ANIMAL SHELTER:
BITING DOG:
Any dog which, without being provoked, has bitten,
scratched, or caused other injury or threatens such
injury to a person or another domestic animal, under
circumstances where, at the time of the threat of
attack, the person or domestic animal was lawfully
on the premises upon which the victim was legally
entitled to be, or the victim was on the premises
owned or controlled by the owner of the dog, at the
express or implied invitation of the owner.
- t)--
DANGEROUS DOG/CAT: Any dog/cat that has:
DOG ENCLOSURE:
KENNEL;
COMMERCIAL1:
KENNEL; PRIVATE 3:
A. Without provocation, inflicted substantial bodily
harm on a human being on public or private property;
or
B. Without provocation, killed or inflicted substantial
bodily harm on a domestic animal while off the
owner's property; or
C. Been found potentially dangerous, and after the
owner has been notified that the dog/cat is potentially
. dangerous, the dog/cat aggressively bites, attacks, or
endangers the safety of humans or domestic animals.
An enclosure (of sufficient size) constructed for
shutting in or enclosing dogs. The enclosure shall be
surrounded and covered with fencing material of at
least six feet (6') in height and of sufficient gauge to
ensure the dog's confinement A cement pad of four
inches (4") in thickness shall be present that covers
the inside and perimeter of the enclosure.
Any place where a person accepts dogs from the
general public and where such animals are kept for
the purpose of selling, boarding, breeding, training,
or grooming, except for a veterinary clinic. There
shall be a fenced yard or dog enclosures
present to prevent the running at large or escape of
dogs confined therein 2.
A place where more than three (3) dogs over six (6)
months of age are kept for private enjoyment and not
for monetary gain, provided such animals are owned
by the owner or the lessee of the premises on which
they are kept. There shall be a fenced yard or dog
enclosures present to prevent the running at large or
escape of dogs confined therein4.
, See also section 12-2-2 of this code, definition of "dog kennel, commercial".
2 See title 12, chapter 7 of this code for fence requirements and restrictions.
3 See also section 12-2-2 of this code, definition of "dog kennel, private"
4 See title 12, chapter 7 of this code for fence requirements and restrictions.
-s--
NUISANCE:
It shall be considered a nuisance for any animal:
A. To bite, attack or endanger the safety of humans or
domestic animals;
B. To run at large; to habitually or frequently bark or
cry;
C. To frequent school grounds, parks, or public
beaches while unrestrained;
D. To chase vehicles; to molest or annoy any
person if such person is not on the property of the
owner or custodian of the animal;
E. To molest, defile, destroy any property, public or
private; or
F. To leave excrement on any property, public or
private.
OFFICER:
Any law enforcement officer of the city and persons
designated by the city to assist in the enforcement of
this article.
OWNER:
Any person, firm, partnership or corporation
owning, harboring, or keeping dogs or cats.
POTENTIALLY
DANGEROUS DOG/CAT: Any dog/cat that:
A. When unprovoked inflicts bites on a human or
domestic animal on public or private property;
B. When unprovoked, chases or approaches a
person, including a person on a bicycle, upon the
streets, sidewalks, or any public or private property,
other than the dog/cat owner's property, in an
apparent attitude of attack; or
C. Has a known propensity, tendency, or disposition
to attack unprovoked, causing injury or otherwise
threatening the safety of humans or domestic
animals.
-6-
RESTRAINT:
A dog or cat shall be deemed to be under restraint
if it is on the premises of its owner or if
accompanied by an individual and under that
individual's effective control. (Amended Ord. 233,
11-4-1997; amd. 2003 Code)
5-1A-2:
DOG LICENSING REQUIREMENTS; EXEMPTIONS:
A. License Required: No person shall own, keep, harbor or have custody of
any dog over six (6) months of age without first obtaining a license from
the City Clerk. No license shall be issued to any person other than the
owner except upon the written request of owner.
. B. Application For License: Applications for license shall be made on forms
prescribed by the City Clerk, which form shall set forth the following:
1. The name, address and telephone number of the owner;
2. The name and address of the person making the application, if other
than the owner, and
3. The breed, sex, and age of the dog for which a license is sought.
C. Rabies Vaccination Required: Every application for a license shall be
accompanied by a certificate from a qualified veterinarian showing that the
dog to be licensed has been given a vaccination against rabies to cover
the licensing period. No license shall be granted for a dog that has not
been vaccinated against rabies for a time sufficient to cover the licensing
period. Vaccination shall be performed only by a doctor qualified to
practice veterinary medicine in the state in which the dog is vaccinated.
(Amended Ord. 233,11-4-1997)
D. License Fee; Expiration Of License: The license fee shall be in such
amount as set forth by ordinance 1 and shall expire in accordance with the
date shown on the license receipt. (Amended Ord. 233, 11-4-1997; amd.
2003 Code)
E. Nonresidents Exempt: This section shall not apply to nonresidents of the
. city; provided, that dogs of such owners shall not be kept in the city longer
than thirty (30) days without a license and shall be kept under restraint.
(Amended Ord. 233, 11-4-1997)
, See subsection 1-7 -3A of this code.
--7--
5-1A-3: NUMBER OF DOGS AND CATS RESTRICTED: No
person, firm or corporation shall harbor more than three (3) dogs over the age of
six (6) months in anyone-family residence unit or place of business except
pursuant to Section 5-1A-13 of this article, and no person, firm or corporation
shall harbor more than three (3) cats over the age of six (6) months in anyone-
family residence unit or place of business that is located on a parcel of land three
(3) acres or less. (Amended Ord. 233,11-4-1997)
5-1A-4:
VIOLATIONS:
A. Nuisance Dogs And Cats: No dog/cat shall be permitted to be a nuisance
within the limits of the city. Any person who owns, keeps, harbors or is in
physical control of a dog/cat that is a nuisance shall be in violation of this
article. (Amended Ord. 233, 11-4-1997)
B. Revoked Licenses: Any person who owns, keeps or harbors or is in
physical custody of any dog within the city, for any period of time, which
dog has had its license revoked, shall be in violation of this article.
(Amended Ord. 233,11-4-1997; amd. 2003 Code)
5-1A-5:
CONTROL OF ANIMAL; EXCREMENT REMOVAL
REQUIRED:
A. Control Required:
1. The restriction imposed by Section 5-1A-4 of this article shall not
prohibit the appearance of any dog or cat upon streets or public property
when such dog or cat is on a leash and accompanied by an individual or
accompanied by and under the control and direction of an individual so as
to be as effectively restrained by command as by leash.
2. Dogs or cats that are on or directly adjacent to all athletic fields must be
leashed.
B. Removal Of Excrement: Owners are required to clean up and
dispose of their pet's excrement. (Amended Ord. 233, 11-4-
1997; amd. 2003 Code)
5-1A-6: OBLIGATION TO PREVENT NUISANCES: It shall be the
obligation and responsibility of the owner or custodian of any animal in the city,
whether permanently or temporarily therein, to prevent such animal from
committing any act which constitutes a nuisance. Failure on the part of the owner
-?--
or custodian to prevent his or her animals from committing an act of nuisance
shall be subject to the penalty herein provided. (Amended Ord. 233, 11-4-1997)
5-1A-7:
IMPOUNDMENT AND REDEMPTION PROVISIONS:
A. Impoundment Of Dogs And Cats:
1. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken
by any "officer" as hereinbefore defined and impounded in an animal
shelter and there confined in a humane manner. Impounded dogs and
cats shall be kept for not less than five (5) regular business days unless
reclaimed prior to that time by their owner as provided hereafter.
2. Dangerous Dogs And Cats:
a. Whenever any owner of a dog/cat shall learn that such dog/cat
has bitten, attacked, or threatened any other human being or domestic
animal, such owner shall immediately impound said dog/cat in a place of
confinement where it cannot escape or have access to any other human
being or animal, and it shall also immediately notify any peace officer,
dog/cat catcher, or other person authorized by the City Council. Whenever
such authorized person, peace officer or dog/cat catcher shall learn that
any human being has been bitten by any dog/cat within the city, he/she
shall ascertain the identity of such dog/cat and the persons who might
meet the definition of owner as found elsewhere in this article, and shall
immediately direct such person to forthwith impound such dog/cat as
required herein. If in the opinion of such peace officer, dog/cat catcher, or
other authorized person, the owner of such a dog/cat cannot or will not so
impound the dog/cat, such peace officer, dog/cat catcher, or other
authorized person shall transport such dog/cat to the pound under
contract to the city. Any dog/cat so impounded shall be kept continuously
confined for a period of fourteen (14) days from the day the dog/cat bit a
human being. The cost of such impounding and confinement shall be
borne by the owner of the dog/cat, if such owner can be found, which
costs shall be as stated for impounding and confinement elsewhere in this
article.
b. Upon leaming that a dog/cat has bitten a human being, the
peace officer, dog/cat catcher, or other authorized person shall
immediately notify the City Health Officer and inform him/her of the place
where the dog/cat is impounded. It shall be the duty of the City Health
Officer to inspect said dog/cat from time to time during its period of
fourteen (14) days' confinement, and to determine whether or not such
dog/cat may be infected with rabies. For this purpose, he/she shall have
access to the premises where such dog/cat is kept at all reasonable
hours, and may take possession of the dog/cat and confine it at such
-1-
place as he/she deems appropriate at the expense of the owner.
c. If an owner has impounded a dog/cat pursuant to the request of
a peace officer, dog/cat catcher, or other authorized person, the owner
shall promptly transport said dog/cat to the pound under contract to the
city for the purposes stated above. If the owner refuses to do so, and
refuses to allow a peace officer, dog/cat catcher or other authorized
person to transport the dog/cat to the contract pound, the owner shall be
in violation of this article.
B. Notice Of Impoundment:
1. Posted Notice: Upon taking up and impounding any dog or cat, the
animal control officer shall, within one day thereafter, have posted in the
City Hall a notice of impounding in substantially the following form:
NOTICE OF IMPOUNDING DOG/CA T:
Date
,20_
To whom it may concem:
We have this day taken up and impounded in the pound of the city at
, a dog/cat answering the following description: sex
color breed approximate age
name of owner (if known)
Notice is herebY given that unless said dog/cat is claimed and
redeemed on or before o'c/ock _ .M., on the day of
. 20_ , the same will be sold or humanely destroyed as
provided by ordinance.
Signed:
Animal control officerlcity official
2. Written Notice: If the owner of said dog or cat be known, written notice
of impounding, in lieu of posted notice, shall be given to the owner thereof
either by mail or personal service.
3. Effect Of Notices: The date of sale or humane destruction of the dog or
cat shall be the sixth day after posting of the notice or giving notice unless
the animal shelter at which the dog or cat is impounded is closed to the
public, in which case, it shall be the following day. (Amended Ord. 233,
11-4-1997)
-lo ~
C. Redemption Of Impounded Dogs And Cats: Any dog or cat may be
reclaimed from the animal shelter by its .owner within the time specified in
the notice by the payment to the City Clerk or his/her designate of the
license fee (if not paid for the current period) with an impounding fee as
set by contract with the city's animal control officer. Notwithstanding this
subsection, the owner shall remain subject to all penalties contained in
this article. (Amended Ord. 233,11-4-1997; amd. 2003 Code)
D. Disposition Of Unclaimed Dogs And Cats:
1. Sale: Any dog or cat which is not claimed as provided in Subsection B
of this section, within five (5) days, after posting of the impoundment
notice, may be sold for not less than the expenses incurred for
impoundment, if not requested by a licensed educational or scientific
institution under Minnesota state law. All sums received from the sale of
dogs or cats under this subsection shall be deposited into the general fund
of the city.
2. Destruction: Any dog or cat which is not claimed by the owner or sold or
transferred to a licensed educational or scientific institution shall be
painlessly and humanely destroyed and buried by the animal control
officer. (Amended Ord. 233,11-4-1997)
5-1A-8: PERMISSIBLE RETURN OF UNRESTRAINED DOGS AND
CATS: Notwithstanding the provisions of Subsection 5-1A-7A of this
article, if an animal is found unrestrained and its owner can be identified
and located, such animal need not be impounded but may, instead, be
taken to the owner. In such cases, however, proceedings may be taken
against the owner for violation of this article. (Amended Ord. 233, 11-4-
1997)
5-1A-9:
IMPROPER CARE AND TREATMENT PROHIBITED:
A. No owner shall fail to provide any animal with sufficient good and
wholesome food and water, proper shelter and protection from the
weather, veterinary care when needed to prevent suffering, and with
humane care and treatment.
B. No person shall beat, treat cruelly, torment or otherwise abuse any animal,
or cause or permit any dog or cat fight. No owner of a dog or cat shall
abandon such animal. (Amended Ord. 233, 11-4-1997)
5-1A-10: MUZZLING PROCLAMATION: Whenever the prevalence of
rabies renders such action necessary to protect the public health and safety, the
Mayor shall issue a proclamation ordering every person owning or keeping a dog
to muzzle it securely so that it cannot bite. No person shall violate such
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proclamation, and any unmuzzled dog unrestrained during the time fIXed in the
proclamation shall be subject to impoundment as heretofore provided, and the
owner of such dog shall be subject to the penalty hereinafter provided. (Amended
Ord. 233, 11-4-1997)
5-1A-11: DANGEROUS AND POTENTIALLY DANGEROUS DOGS
AND CATS:
A. Dangerous Dogs And Cats: In the event that a complaint is received
which, in the judgment of the City Clerk, occurred under circumstances
which would justify the classification of the dog/cat as a dangerous dog/cat
under this article, the City Clerk shall place the issue on the next available
agenda of the City Council and shall notify the owner of the dog/cat, in
writing, of the time and place of the Council meeting at which the matter
shall be heard. The notice shall inform the owner that a request has been
made to classify the dog/cat as a dangerous dog/cat and the City Council
shall hear such facts as any interested parties may wish to present, and
shall, by resolution, determine whether or not to classify the dog/cat as a
dangerous dog/cat. Such a determination shall be made upon the basis of
whether or not the criteria as found in Section 5-1A-1 ofthis article,
definition of the term "dangerous dog/caf', have been met. No variances
shall be permitted from the strict terms of said definition. In the event a
dog/cat is classified as a dangerous dog/cat, the following shall apply:
1. The owner of the dog/cat shall be notified in writing and by certified mail
or personal service, that the dog/cat has been classified as a dangerous
dog/cat and shall be furnished with a copy of the resolution.
2. If the dog/cat was impounded and photographs or other identifying
characteristics obtained, such photographs or other identifying materials
shall be placed in a permanent file indexed under the owner's name. If the
dog/cat is not impounded, the owner shall be notified that the dog/caf
license shall be revoked unless, within ten (10) days after receipt of the
notice, the owner furnishes to the city suitable photographs or other
identifying materials of the dog/cat, or makes the dog/cat available for the
taking of photographs by city staff for insertion in the permanent files.
3. The City Clerk shall maintain a permanent file of all dogs/cats classified
as dangerous dogs/cats indexed under the owner's name.
4. No person may own a dangerous dog/cat in the city unless the owner
complies with this section. Compliance with the registration requirement of
Minnesota Statutes Section 347.51 shall constitute compliance with this
article. The owner of the dangerous dog/cat must present sufficient
evidence that:
~ 12-- ~
a. A proper enclosure exists for the dangerous dog/cat and a
posting on the premises with a clearly visible warning sign,
including a waming symbol to inform children that there is a
dangerous dog/cat on the property; and
b. A surety bond issued by a surety company authorized to conduct
business in the State of Minnesota in a form acceptable by the city
in the sum of at least fifty thousand dollars ($50,000.00) payable to
any person injured by the dangerous dog/cat, or a policy of liability
insurance issued by an insurance company authorized to conduct
business in the State of Minnesota in the amount of at least fifty
thousand dollars ($50,000.00), insuring the owner of any personal
injuries inflicted by the dangerous dog/cat. The requirements for the
waming sign or waming symbol shall be those as set forth in
Minnesota Statutes Section 347.51. (Amended Ord. 233, 11-4-
1997)
c. The owner of a dangerous dog/cat shall keep the dangerous
dog/cat, while on the owner's property, in a proper enclosure. If the
dog/cat is outside the proper enclosure, the dog/cat must be
muzzled and restrained by a substantial chain or leash and under
the physical restraint of an individual. The muzzle must be made in
a manner that will prevent the dog/cat from biting any person or
animal but. that will not cause injury to the dog/cat or interfere with
its vision or respiration.
d. The animal control authority for the city shall immediately seize
any dangerous dog/cat if: 1) after fourteen (14) days after the
owner has been notified that the dog/cat has been declared a
dangerous dog/cat, the dog/cat is not validly registered as set forth
herein; 2) after fourteen (14) days after the owner has been notified
that the dog/cat has been declared a dangerous dog/cat, the owner
does not secure the proper liability insurance or surety coverage as
applied by this article; 3) the dog/cat is not maintained in the proper
enclosure; or 4) the dog/cat is outside the proper enclosure and not
under physical restraint of an individual. (Amended Ord. 233, 11-4-
1997; amd. 2003 Code)
5. The following are exceptions to the dangerous dog/cat classification:
a. The provisions of this section do not apply to dangerous
dogs/cats used by law enforcement officials for official work.
b. Dogs/cats may not be declared dangerous if the threat, injury, or
damage was sustained by a person: 1) who was committing a
willful trespass or other tort upon the premises occupied by the
-J3-
owner of the dog/cat; 2) who was provoking, tormenting, abusing or
assaulting the dog/cat or who can be shown to have repeatedly, in
the past, provoked, tonnented, abused, or assaulted the dog/cat; or
3) who was committing or attempting to commit a c~ime.
6. Nothing in this chapter, nor the enactment of any other procedures
herein enumerated, shall be deemed to limit, alter, or impair the right of
the city or any person to seek enforcement through criminal prosecution of
any violation of this article, and the fact the city may be pursuing
classification of a dog/cat under this article shall prevent or prohibit the
prosecution at the same time of an owner of a dog/cat for violation of this
chapter under facts arising from the same occurrence as that which
generated classification procedures. The classification procedures shall be
in addition to, and not in place of, criminal prosecution under other
portions of this chapter or other ordinances. (Amended Ord. 233,11-4-
1997)
B. Potentially Dangerous Dogs And Cats: In the event that a complaint is
received which, in the judgment of the City Clerk, Sheriff's Deputy, animal
control officer, or other duly authorized person, occurred under
circumstances which would justify the classification of the dog/cat as
potentially dangerous under this article, the City Clerk shall notify the
owner of the dog/cat, in writing, that the dog/cat has been classified as
potentially dangerous under this article. Said notice shall further inform the
owner that should the dog/cat again aggressively bite, attack, or otherwise
endanger the safety of humans or domestic animals, the city may declare
the dog/cat to be a dangerous dog/cat and be subject to the restrictions
thereon, including abatement. Said authorization shall forward a copy of
the notice of potentially dangerous dog/cat to the City Clerk. (Amended
Ord. 233,11-4-1997; amd. 2003 Code)
5-1A-12: SUMMARY DESTRUCTION OF CERTAIN DOGS: Whenever an
officer has reasonable cause to believe. that a particular dog presents a clear and
immediate danger to residents of the city because it is infected with rabies
(hydrophobia) or because of a clearly demonstrated vicious nature, the officer,
after making reasonable attempts to impound such dog, may summarily destroy
said dog. (Amended Ord. 233, 11-4-1997)
5-1A-13:
DOG KENNELS:
A. Licensing Requirements:
1. Licenses Required: No person, firm or corporation shall operate or
maintain a commercial or private kennel without first securing a kennel
license therefore from the City Council and meeting the criteria as set forth
-/~-
in this article and/or the zoning ordinance 1 .
2. Applications For Licenses; Fees:
a. Application for a kennel license shall be made on forms provided
by the city. Such application shall contain the following information:
(1) Location, on premises, of the kennel.
(2) Location of structures for housing the dogs. If the dogs are to be
kept primarily within the home or other building of the residence of
the applicant or of any other person, the application shall so state.
(3) The maximum number of dogs to be kept on the premises.
(4) The location, size, and height of dog enclosures, if present.
(5) The location and type of fencing (if present); fencing to be of
such quality, design and height so that it will contain the dogs 2 .
(6) Method to be used in keeping the premises in a sanitary
condition.
(7) Method to be used in keeping dogs quiet.
(8) An agreement by the applicant that the premises may be
inspected by the city at all reasonable times.
b. The City Council may impose additional requirements to be
stated in the application or more restrictive requirements than those
listed in Subsection A2a of this section to protect the health, safety,
general welfare and morals of the general public. (Amended Ord.
.233,11-4-1997)
c. Application for such license shall be made to the City Clerk and
shall be accompanied by a specified license fee that shall be as set
in Subsection 1-7 -3A ofthis code.
.3. Approval Or Denial Of Licenses: The City Clerk shall refer private
kennel license applications to the City Council and commercial kennel
license applications to the Planning and Zoning Commission as set forth in
the zoning ordinance. In both cases, the City Council may grant or deny
the license.
4. Renewal Of Licenses: All kennel licenses shall be renewed annually.
, See section 12-15-6 of this code.
2 See title 12, chapter 7 of this code for fence regulations and restrictions.
-~-
Application for such license renewal shall be made to the City Clerk and
shall be accompanied by a specified license fee, which annual license fee
shall be in such amount as set forth by ordinance 1. The City Council shall
review and approve all license renewal applications, provided no
revocation of the license is made as specified in Subsection A6 of this
section.
5. Requirements For Private/Commercial Kennel Licenses: A minimum of
two and one-half (2.5) acres in a residentially zoned district is required for
a private/commercial dog kennel license (provided that the adjacent lot
sizes are predominately similar in size). A private/commercial dog kennel
license shall not be issued unless a Conditional Use Permit has been
granted by the City Council in accordance with the zoning ordinance.
Amended Ord. 233,11-4-1997; amd. 2003 Code)
6. Revocation Of Licenses: Any kennel license may be revoked by
the City Council by reason of any violation of this article or by
reason of any other health or nuisance ordinance, order, law or
regulation.
a. Private Kennel License: Before revoking a private kennel license,
the licensee shall be given notice of the meeting at which such
revocation is to be considered. Notice of the meeting shall be given
in writing five (5) days prior to said meeting. The licensee, if present
at said meeting, shall be given the opportunity to be heard.
b. Commercial Kennel License: A commercial kennel license may
be revoked by the City Council by the procedure established and
defined in the zoning ordinance.
B. Kennel Regulations: Kennels shall be kept in a clean and healthful
condition at all times, and shall be open to inspection by any health officer,
sanitarian, animal control officer, or the person charged with the
enforcement of this article, or any health or sanitary regulation of the city,
at all reasonable times. (Amended Ord. 233, 11-4-1997)
, See subsection 1-7 -3A of this code.
-K-
5-1A-14:
DOG ENCLOSURES:
A. Purpose: It is the purpose of this section to abate existing nuisances and
to prevent nuisances created by site, odor, noise and sanitation due to
construction and placement of dog enclosures on private property.
B. Screening: Dog enclosures must be screened from view of adjacent
property.
C. Location: A dog enclosure shall not be placed closer than forty feet (40')
from an adjacent residential dwelling or principal structure and at least ten
feet (10') from side and rear lot lines. No dog enclosure shall be placed in
the front yard in all residential districts; and in the R-4 single-family urban
district, no dog enclosure shall be placed in the side yard. .
D. Sanitation Requirements: No person shall permit feces, urine, or food
scraps to remain in an enclosure for a period that is longer than
reasonable and consistent with health and sanitation and the
prevention of odor.
E. Applicability And Effect Of Provisions: This section shall be applicable to
all dog enclosures constructed after July 18,1995. Any preexisting dog
enclosure for which the city receives a complaint that it is not kept in a
clean and sanitary condition or is a nuisance to an adjacent property
owner shall be required to comply with this section by a notice of
compliance being given by the City Administrator or his/her duly
authorized agent. Failure to comply with such notice within thirty (30) days
of issuance shall be a violation of this article. (Amended Ord. 233, 11-4-
1997)
5-1 A-15: ENFORCEMENT OFFICIALS: The City Council may from time to
time appoint such persons as may be necessary to assist the police officers of
the city in the enforcement of this article. Such persons shall have police powers
insofar as is necessary to enforce this article, and no person shall interfere with,
hinder, or molest them in the exercise of such powers. (Amended Ord. 233, 11-4-
1997)
5-1A-16: CITATIONS: The animal control officer, or his/her designee, shall
be authorized to issue citations for violations of this article. (Amended Ord. 233,
11-4-1997)
5-1A-17:
ABATEMENT OF NUISANCE CONDITIONS:
A. Nuisances Subject To Abatement: The following are declared
nuisances subject to immediate abatement by resolution of the
-17--
City Council:
1 . Any dog/cat that has, without provocation, inflicted "substantial bodily
harm" as defined by Minnesota Statutes Section 609.02, Subdivision 7a,
on any person; or
2. Any dog/cat that has engaged in conduct resulting in three (3) or more
established violations of this article for nuisance. An "established violation"
is any violation for nuisance declared as "established" by the City Council,
or which results in a conviction in a court of competent jurisdiction; or
3. Any established violation of this article for nuisance preceded by a
declaration by the City Council, based upon a prior incident, that the
dog/cat is a "dangerous dog/caf' as defined by this article.
B. Placement On Council Agenda; Notice Requirements: Upon
determination by the City Clerk of the existence of a nuisance subject to
abatement as set forth above, the City Clerk shall place the matter on the
agenda for the next regular meeting of the City Council for public hearing
and abatement consideration. Notice of the hearing and a copy of this
article shall be provided to the owners of the dogs/cats by regular mail
not later than seven (7) days prior to the hearing. The City Clerk may also
notify other concerned or interested parties.
C. Hearing For Abatement: Upon application and notice set forth above, a
public hearing shall be held before the City Council. The owners shall
have the opportunity to be heard and present relevant witnesses and
evidence. The City Council may also accept relevant testimony or
evidence from other interested persons.
D. Decisions By City Council: The City Council may, in its discretion, approve
or disapprove the application for abatement. If approved, the City Council
may order any of the following:
1. The dog/cat be forthwith confiscated and destroyed in a proper and
humane manner, and the costs incurred in confiscating, confining and
destroying the animal paid by the owner. Any costs unpaid after thirty-(30)
days of the order shall be assessed against the owner's property.
(Amended Ord. 233,11-4-1997)
2. The dog/cat shall be removed permanently from the city limits within
forty-eight (48) hours of notice of the order. The dog license shall be
permanently revoked.
3. Should the owner fail to comply with the order to abate, the city, in
addition to any other legal remedy, shall have the civil remedy of injunctive
-13~
relief and may apply to a court of competent jurisdiction for an order
compelling compliance with the abatement order. (Amended Ord. 233, 11-
4-1997; amd. 2003 Code)
5-1A-18: VIOLATION; PENALTY: Any person who shall violate any
provision of this article shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished as defined by state law. (Amended Ord. 233, 11-4-
1997)
-11--
347.51, Minnesota Statutes 2006
Page 1 of2
Minnesota
Offkeof the Revi$Or of Statutes
Legislature Home I Links to the World I Help I Advanced Search
House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules
Minnesota Statutes Table of Chapters Chapter 347 Table of Contents
347.51, Minnesota Statutes 2006
Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota.
347.51 DANGEROUS DOGS; REGISTRATION.
Subdivision 1. Requirement. No person may own a dangerous dog in this state unless the
dog is registered as provided in this section.
Subd. 2. Registration. An animal control authority shall issue a certificate of registration to
the owner of a dangerous dog if the owner presents sufficient evidence that:
(I) a proper enclosure exists for the dangerous dog and a posting on the premises with
a clearly visible warning sign, including a warning symbol to inform children, that there is
a dangerous dog on the property;
(2) a surety bond issued by a surety company authorized to conduct business in this state in a
form acceptable to the animal control authority in the sum of at least $50,000, payable to any
person injured by the dangerous dog, or a policy of liability insurance issued by an insurance
company authorized to conduct business in this state in the amount of at least $50,000, insuring
the owner for any personal injuries inflicted by the dangerous dog;
(3) the owner has paid an annual fee of not more than $500, in addition to any regular dog
licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and
(4) the owner has had microchip identification implanted in the dangerous dog as required
under section 347.515.
Subd. 2a. Warning symbol. If a county issues a certificate of registration to the owner of a
dangerous dog pursuant to subdivision 2, the county must provide, for posting on the owner's
property, a copy of a warning symbol to inform children that there is a dangerous dog on the
property. The design ofthe warning symbol must be uniform and specified by the commissioner
of public safety, after consultation with animal control professionals. The commissioner shall
provide the number of copies of the warning symbol requested by each county and shall charge
the county the actual cost of the warning symbols received. The county may charge the registrant
a reasonable fee to cover its administrative costs and the cost of the warning symbol.
Subd. 3. Fee. The county may charge the owner an annual fee, in addition to any regular dog
licensing fees, to obtain a certificate of registration for a dangerous dog under this section.
Subd. 3a. Dangerous dog designation review. Beginning six months after a dog is declared
a dangerous dog, an owner may request annually that the animal control authority review the
designation. The owner must provide evidence that the dog's behavior has changed due to the
dog's age, neutering, environment, completion of obedience training that includes modification of
aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that
the dog's behavior has changed, the authority may rescind the dangerous dog designation.
Subd. 4. Law enforcement; exemption. The provisions of this section do not apply to
dangerous dogs used by law enforcement officials for police work.
Subd. 5. Exemption. Dogs may not be declared dangerous ifthe threat, injury, or damage
-20~
http://ros.leg.mnlbinlgetpub.php?pubtype=STAT_CHAP _ SEC&year=current§ion=347.51 &image.x=2... 6/19/2007
347.51, Minnesota Statutes 2006
Page 2 of2
was sustained by a person:
(I) who was committing, at the time, a willful trespass or other tort upon the premises
occupied by the owner ofthe dog;
(2) who was provoking, tormenting, abusing, or assaulting the do~ or who can be shown to
have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or
(3) who was committing or attempting to commit a crime.
Subd. 6.[RepeaIed, lSp2001 c 8 art 8 s 30]
Subd. 7. Tag. A dangerous dog registered under this section must have a standardized,
easily identifiable tag identifYing the dog as dangerous and containing the uniform dangerous
dog symbol, affIxed to the dog's collar at all times. The commissioner of public safety, after
consultation with animal control professionals, shall provide by rule for the design of the tag.
~SUbd. 8. Local ordinances. A statutory or home rule charter city, or a county, may not adopt '\
an ordinance regulating dangerous or potentially dangerous dogs based solely on the sp. ecific J
. breed of the dog. Ordinances inconsistent with this subdivision are void. .
Subd. 9. Contracted services. A county may contract with another political subdivision or
other person to provide the services required under sections 347.50 to 347.54. Notwithstanding
any contract entered into under this subdivision, all fees collected under sections 347.50 to 347.54
shall be paid to the county and all certificates of registration must be issued in the name of the
county.
History: 1988 c 711 s 2; 1989 c 37 s 6-10; 1991 c 195 s 1; 1994 c 550 s 2; 1997 c 187 art
3 s 32; 1Sp2001 c 8 art 8 s 16-18
<
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
General Questions or comments.
-2-/...-
http://ros.leg.mnlbin/getpub.php?pubtype=ST AT_CHAP _ SEC&year=current§ion=34 7.51&image.x=2... 6/19/2007
Will N urn ist r
From:
Sent:
To:
Subject:
Dempsey, Frank [fdempsey@ci.lakeville.mn.us]
Wednesday, June 20, 2007 8:03 AM
Will Neumeister
RE: Query for Planners (Dog Control Ordinances)
5-1-1: DEFINITIONS:
As used in this chapter the following terms have the following meanings:
AT LARGE: A dog is at large at any time when it is not under "restraint"
as defined herein. No dog shall be permitted to be in a public place
within the city of Lakeville unless accompanied by a dog handler, or
securely confined within a portable kennel or a vehicle.
CLOSE CONTROL: A dog is under close control when it is restrained so
that it cannot come into physical contact with any person not of a dog
handler's party except with that person's consent, and so as to permit
the dog to range no more than six feet (6') from its handler.
DANGEROUS DOG: Any dog that has:
A. Without provocation, inflicted substantial bodily harm on a human
being on public or private property;
B. Killed a domestic animal without provocation while off the owner's
property; or
C. Been found to be potentially dangerous, and after the owner has
notice that the dog is potentially dangerous, the dog aggressively
bites, attacks, or endangers the safety of humans or domestic animals.
DOG HANDLER OR HANDLER: A competent person who attends a dog in all
public places within the city of Lakeville, is responsible for the
behavior of the dog, and to whose command the dog is immediately
responsive.
KENNEL: A place where more than three (3) dogs over six (6) months of
age are kept, or a place at which the business of selling, boarding,
breeding, showing or treating dogs is conducted when there are more than
three (3) dogs being sold, boarded or shown.
LEASH: A fixed-length tether or retractable tether, or an electronic
control collar worn by a dog. When an electronic control collar is used
or the dog has passed the canine good citizen test, the dog handler must
carryon his or her person a fixed length tether not exceeding twenty
five feet (25') in case the dog must be physically restrained.
OWNER: Any person who owns, harbors, feeds, boards or keeps an animal,
or the parents or guardians of a person under eighteen (18) years of age
who owns, harbors, feeds, boards or keeps an animal.
PARKS: A park, playground, beach, swimming pool, trail, nature area,
recreation center or any other area in the city owned, leased, used or
controlled by the city.
PICKET: To secure a dog by means of chain or cable to a fixed object,
thereby confining the dog to a specified area.
1
- "l..Z--
POTENTIALLY DANGEROUS DOG: Any dog that:
A. When unprovoked, inflicts bites on a human or domestic animal on
public or private property;
B. When unprovoked, chases or approaches a person, including a person
upon a bicycle, upon the streets, sidewalks, or any public or private
property, other than the dog owner's property, in an apparent attitude
of attack; or
C. Has a known propensity, tendency, or disposition to attack
unprovoked, causing injury or otherwise threatening the safety of humans
or domestic animals.
QUARANTINE: Isolating an animal to prevent the spread of a contagious
disease.
rRESTRAINT: A dog is under restraint if: a} controlled by a leash not
exceeding twenty five feet (25') :n length; a retractable leash, when
fully extended, cannot exceed twenty five feet (25') in length; or b)
within a vehicle; or c) within a secure fence or building, or if
tethered to a leash not exceeding twenty five feet (25') in length that
is secured to a stake or other immobile object; or d) under voice
control on private property, or within the limits of a designated dog
exercise and training area; or e) controlled by an electronic tral~ning .
collar; or f) the dog has passed the canine good citizen test
certification program or its approved equivalent.
\
I
<
VICIOUS DOG: Any dog which has a propensity or tendency towards acts
which might endanger the safety of persons or property. This definition
is not limited to biting dogs, but includes those dogs which have a
natural fierceness or disposition to mischief.
VOICE CONTROL: A dog is under voice control when it is accompanied by a
competent person, who is the dog's handler and is responsible for the
dog's behavior, and is immediately obedient to that person's command
issued by vocal utterance or other means of signaling. (Ord. 133, sec.
1, 1-2-1979; amd. Ord. 406, sec. 1, 3-19-1990; Ord. 406, sec. 2,
3-19-1990; Ord. 442, sec. 1, 8-5-1991; Ord. 450, sec. 1, 10-7-1991; Ord.
559, sec. 1, 9-18-1995; Ord. 633, sec. 1, 7-20-1998; Ord. 680, secs. 1,
2, 11-20-2000, eff. 6-1-2001; Ord. 721, sec. 1, 10-7-2002)
Dear Members:
The City of Andover has recently had an issue that involves reviewing or
updating our "Animal Control Ordinance".
The Council wanted us to research what other cities may have related to
a
detailed well written ordinance that gives the City the control it needs
over vicious or nuisance dogs.
Does anyone out there have a good ordinance that we should look at that
may
give us more detailed descriptions of what constitutes a dangerous or
vicious dog?
Please direct all responses to me at:
wneumeister@ci.andover.mn.us
Thanks!
2
- 2.-5-
Will Neumeister
From:
Sent:
To:
Subject:
Dempsey, Frank [fdempsey@ci.lakeville.mn.us]
Wednesday, June 20, 2007 8:04 AM
Will Neumeister
RE: Query for Planners (Dog Control Ordinances)
5-1-11-2: PROCEEDINGS FOR IMPOUNDMENT OR DESTRUCTION OF CERTAIN ANIMALS:
(Ord. 559, sec. 4, 9-18-95)
A. Facts Of Case: Upon sworn complaint of any person to a County judge
in the County of Dakota that any of the following facts exist:
1. That the animal has destroyed property or habitually trespassed in a
damaging manner on property of persons other than the owner;
2. That the animal has attacked or bitten a person without provocation;
3. That the animal is vicious or shows vicious habits, or molests people
or interferes with the driving of automobiles upon a public highway;
4. That the animal habitually barks, cries or whimpers is a public
nuisance 69
5. Or otherwise is being kept within the limits of the City in violation
of the provisions of this Chapter.
B. Owner To Appear, Judgment: Said judge shall issue a summons directed
to the owner or person having possession of said animal commanding him
to appear before said judge and to show cause why said animal should not
be seized or killed or otherwise disposed of by the poundkeeper, or any
police officer or animal warden. Such summons shall be returnable not
more than forty eight (48) hours from the date thereof and shall be
served at least twelve (12) hours before the time of appearance
mentioned herein. Upon such hearing and finding of the facts true as
complained of, the judge may either order the animal killed, or may
order the owner to remove it from the City, or may order it confined to
a designated place, or may order its sale or other disposition as herein
provided for impounded animals. In the event an animal has bitten a
person, the judge may order the animal impounded at the owner's expense
for such period as may be reasonably necessary to determine whether the
animal is rabid. In the event that said animal is rabid, it may
summarily be destroyed.
C. Failure To Comply With Order: If the owner is ordered to remove the
animal from the City or is ordered to keep the animal confined to a
designated place and disobeys such order, he shall, upon the filing of a
complaint alleging that said order was disobeyed, and after being found
guilty of violating this provision, be liable to the punishment for
violation of this Chapter.
D. Applicability Of Section: The provisions of this Section are in
addition to and supplemental to other provisions of this Chapter and
shall apply throughout the City.
E. Costs: Costs of the proceedings specified by this Section shall be
assessed against the owner of the animal, if said animal is found to be
kept in violation of any of the terms of this Chapter. (Ord. 133, sec.
11, 1-2-79; amd. 1980 Code)
F. Impoundment Of Inhumanely Treated Animals: All animals seized on
behalf of the City under Minnesota Statutes sections 343.22 or 343.29
for cruel treatment to an animal must be held for redemption by the
1
-z.y:"'"
owner for at least ten (10) days unless a veterinarian authorizes
immediate destruction of the animal. In the case of an animal raised for
food or fiber products, the animal may not be seized or disposed of
without prior examination by a licensed veterinarian pursuant to a
warrant issued by a judge.
1. Security: A person claiming an interest in an animal seized under
Minnesota Statutes sections 343.22 or 343.29 may prevent disposition of
the animal by posting security in an amount sufficient to provide for
the animal's actual costs of care and keeping. The security must be
posted within ten (10) days of the seizure inclusive of the date of the
seizure.
2. Notice: The City must give notice of this subsection by delivering or
mailing it to a person claiming an interest in the animal or by posting
a copy of it at the place where the animal is taken into custody or by
delivering it to a person residing on the property, and telephoning, if
possible. The notice must include:
a. A description of the animal seized; the authority and purpose for the
seizure; the time, place, and circumstances under which the animal was
seized; and the location, address, telephone number, and contact person
where the animal is kept;
b. A statement that a person claiming an interest in the animal may post
security to prevent disposition of the animal and may request a hearing
concerning the seizure or impoundment and that failure to do so within
ten (10) days of the date of the notice will result in disposition of
the animal;
c. A statement that all actual costs of the care, keeping, and disposal
of the animal are the responsibility of the person claiming an interest
in the animal, except to the extent that a court or hearing officer
finds that the seizure or impoundment was not. substantially justified by
law; and
d. A form that can be used by a person claiming an interest in the
animal for requesting a hearing under this subsection.
Upon request of a person claiming an interest in the animal, if made
within ten (10) days of the date of seizure, a hearing must be held
within five (5) business days of the request, to determine the validity
of the seizure and impoundment. In the case of a seizure pursuant to a
warrant issued under Minnesota Statutes section 343.22, the hearing must
be held by the judge who issued the warrant. In the case of a seizure
under Minnesota Statutes section 343.29, the City may either: 1)
authorize a licensed veterinarian with no financial interest in the
matter or professional association with either party, or 2) use the
services of a hearing officer to conduct the hearing. A person claiming
an interest in the animal who is aggrieved by a decision of .the hearing
officer may seek a court order governing the seizure or impoundment
within five (5) days of notice of an order. (Ord. 559, sec. 5, 9-18-95)
5-1-1: DEFINITIONS:
As used in this chapter the following terms have the following meanings:
AT LARGE: A dog is at large at any time when it is not under "restraint"
as defined herein. No dog shall be permitted to be in a public place
within the city of Lakeville unless accompanied by a dog handler, or
securely confined within a portable kennel or a vehicle.
CLOSE CONTROL: A dog is under close control when it is restrained so
that it cannot come into physical contact with any person not of a dog
2
-~-
handler's party except with that person's consent, and so as to permit
the dog to range no more than six feet (6') from its handler.
DANGEROUS DOG: Any dog that has:
A. Without provocation, inflicted substantial bodily harm on a human
being on public or private property;
B. Killed a domestic animal without provocation while off the owner's
property; or
C. Been found to be potentially dangerous, and after the owner has
notice that the dog is potentially dangerous, the dog aggressively
bites, attacks, or endangers the safety of humans or domestic animals.
DOG HANDLER OR HANDLER: A competent person who attends a dog in all
public places within the city of Lakeville, is responsible for the
behavior of the dog, and to whose command the dog is immediately
responsive.
KENNEL: A place where more than three (3) dogs over six (6) months of
age are kept, or a place at which the business of selling, boarding,
breeding, showing or treating dogs is conducted when there are more than
three (3) dogs being sold, boarded or shown.
LEASH: A fixed-length tether or retractable tether, or an electronic
control collar worn by a dog. When an electronic control collar is used
or the dog has passed the canine good citizen test, the dog handler must
carryon his or her person a fixed length tether not exceeding twenty
five feet (25') in case the dog must be physically restrained.
OWNER: Any person who owns, harbors, feeds, boards or keeps an animal,
or the parents or guardians of a person under eighteen (18) years of age
who owns, harbors, feeds, boards or keeps an animal.
PARKS: A park, playground, beach, swimming pool, trail, nature area,
recreation center or any other area in the city owned, leased, used or
controlled by the city.
PICKET: To secure a dog by means of chain or cable to a fixed object,
thereby confining the dog to a specified area.
POTENTIALLY DANGEROUS DOG: Any dog that:
A. When unprovoked, inflicts bites on a human or domestic animal on
public or private property;
B. When unprovoked, chases or approaches a person, including a person
upon a bicycle, upon the streets, sidewalks, or any public or private
property, other than the dog owner's property, in an apparent attitude
of attack; or
C. Has a known propensity, tendency, or disposition to attack
unprovoked, causing injury or otherwise threatening the safety of humans
or domestic animals.
QUARANTINE: Isolating an animal to prevent the spread of a contagious
disease.
RESTRAINT: A dog is under restraint if: a) controlled by a leash not
exceeding twenty five feet (25') in length; a retractable leash, when
fully extended, cannot exceed twenty five feet (25') in length; or b)
within a vehicle; or c) within a secure fence or building, or if
tethered to a leash not exceeding twenty five feet (25') in length that
is secured to a stake or other immobile object; or d) under voice
control on private property, or within the limits of a designated dog
exercise and training area; or e) controlled by an electronic training
3
-U'~
collar; or f) the dog has passed the canine good citizen test
certification program or its approved equivalent.
VICIOUS DOG: Any dog which has a propensity or tendency towards acts
which might endanger the safety OI persons or property. This definition
is not limited to biting dogs, but includes those dogs which have a
natural fierceness or disposition to mischief.
VOICE CONTROL: A dog is under voice control when it is accompanied by a
competent person, who is the dog's handler and is responsible for the
dog's behavior, and is immediately obedient to that person's command
issued by vocal utterance or other means of signaling. (Ord. 133, sec.
1, 1-2-1979; amd. Ord. 406, sec. 1, 3-19-1990; Ord. 406, sec. 2,
3-19-1990; Ord. 442, sec. 1, 8-5-1991; Ord. 450, sec. 1, 10-7-1991; Ord.
559, sec. 1, 9-18-1995; Ord. 633, sec. 1, 7-20-1998; Ord. 680, secs. 1,
2, 11-20-2000, eff. 6-1-2001; Ord. 721, sec. 1, 10-7-2002)
Dear Members:
The City of Andover has recently had an issue that involves reviewing or
updating our "Animal Control Ordinance".
The Council wanted us to research what other cities may have related to
a
detailed well written ordinance that gives the City the control it needs
over vicious or nuisance dogs.
Does anyone out there have a good ordinance that we should look at that
may
give us more detailed descriptions of what constitutes a dangerous or
vicious dog?
Please direct all responses to me at:
wneumeister@ci.andover.mn.us
Thanks!
Will Neumeister
Community Development Director
City of Andover
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> Version:
6/19/2007
> 1:12 PM
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4
-Z7-
Will N umeist r
From:
Sent:
To:
Subject:
Steven Robertson [cityadmn@plainviewmn.com]
Wednesday, June 20, 2007 9:04 AM
Will Neumeister
Dangerous Dogs
Good morning,
I don't know if the City of Plainview has what is considered a "good
ordinance", but it was modeled after the City of Rochesters, which according
to our city attorney, is a pretty effective tool. You may want to look at
their ordiance, which is avaialbe on line. At any rate, here is Plainview's
ordinance on animal control.
Steven Robertson
503 ANIMALS
503.1 Definitions For the purpose of this chapter, the following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
ANIMAL. Any mammal, reptile, amphibian, fish, bird (including all fowl and
poultry) or other member commonly accepted as a part of the animal kingdom.
Animals shall be classified as follows:
DOMESTIC ANIMALS. Those animals commonly accepted as domesticated
household pets. Unless otherwise defined, domestic animals shall include
dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated
rabbits, fish, non-poisonous, non-venomous and non-constricting reptiles or
amphibians, and other similar animals.
FARM ANIMALS. Those animals commonly associated with a farm or performing
work in an agricultural setting. Unless otherwise defined, farm animals
shall include members of the equine family (horses, mules), bovine family
(cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese),
swine (including Vietnamese pot-bellied pigs), goats, bees, and other
animals associated with a farm, ranch, or stable.
NON-DOMESTIC ANIMALS. Those animals commonly considered to be naturally
wild and not naturally trained or domesticated, or which are commonly
considered to be inherently dangerous to the health, safety, and welfare of
people. Unless otherwise defined, non-domestic animals shall include:
A Any member of the large cat family (family felidae) including lions,
tigers, cougars, bobcats, leopards and jaguars, but excluding commonly
accepted domesticated house cats.
B Any naturally wild member of the canine family (family canidae) including
wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly
accepted domesticated dogs.
C Any crossbreeds such as the crossbreed between a wolf and a dog, unless
the crossbreed is commonly accepted as a domesticated house pet.
D Any member or relative of the rodent family including any skunk (whether
or not descented), raccoon, squirrel, or ferret, but excluding those members
otherwise defined or commonly accepted as domesticated pets.
E Any poisonous, venomous, constricting, or inherently dangerous member of
the reptile or amphibian families including rattlesnakes, boa constrictors,
pit vipers, crocodiles and alligators.
F Any other animal which is not explicitly listed above but which can be
reasonably defined by the terms of this section, including but not limited
to bears, deer, monkeys and game fish.
1
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ANIMAL CONTROL OFFICER. The person responsible for capturing, seizing and
delivering to any designated pound any animal running at large or considered
a nuisance to the general public. All Plainview Police Officers are to be
considered Animal Control Officers.
AT LARGE. Off the premises of the owner and not under the custody and
control of the owner or other person, either by leash, cord, chain, or
otherwise restrained or confined.
CAT. Both the male and female of the felidae species commonly accepted as
domesticated household pets.
DOG. Both the male and female of the canine species, commonly accepted as
domesticated household pets, and other domesticated animals of a dog kind.
OWNER. Any person or persons, firm, association or corporation owning,
keeping, or harboring an animal.
RELEASE PERMIT. A permit issued by the Animal Control Officer or Police
Officer or other person in charge of the pound for the release of any animal
that has been taken to the pound. A release permit may be obtained upon
payment of a fee to the City Clerk in accordance with the regular license
requirement if the animal is unlicensed, payment of a release fee, and any
maintenance costs incurred in capturing and impounding the animal.
503.2 Domestic Animals
503.2.1 Running At Large Prohibited. It shall be unlawful for the dog or
cat, or any other domestic animal, of any person who owns, harbors, or keeps
such an animal, to run at large. A person, who owns, harbors, or keeps a dog
or cat, or other domestic animal, which runs at large shall be guilty of a
misdemeanor.
503.2.2 Dogs on Leash. Dogs on a leash and accompanied by a responsible
person or accompanied by and under the control and direction of a
responsible person, so as to be effectively restrained by command as by
leash, shall be permitted on streets or on public land unless the city has
posted an area with signs reading "Dogs Prohibited"
503.2.3 License Required, Dogs.
A All dogs over the age of six months kept, harbored, or maintained by their
owners in the city, shall be licensed and registered with the city. Dog
licenses shall be issued by the City Clerk upon payment of the license, as
established by the City Council. The owner shall state, at the time
application is made for the license and upon forms provided, his or her name
and address and the name, breed, color, and sex of each dog owned or kept by
him or her. No license shall be granted for a dog that has not been
vaccinated against distemper and rabies, as evidenced by a certificate by a
veterinarian qualified to practice in the state in which the dog is
vaccinated. Upon issuance of a dog license, City staff shall also distribute
a copy of the Animal Control Ordinance to the dog license applicant.
B It shall be the duty of each owner of a dog subject to this section to pay
to the City Clerk the license fee established
C Upon payment of the license fee, the Clerk shall issue to the owner a
license certificate and metallic tag for each dog licensed. The tag number
shall correspond with the number on the certificate. Every owner shall be
required to provide each dog with a collar to which the license tag must be
affixed, and shall see that the collar and tag are constantly worn. In case
a dog tag is lost or destroyed, a duplicate shall be issued by the City
Clerk. A charge shall be made for each duplicate tag. Dog tags shall not
be transferable from one dog to another and no refunds shall be made on any
dog license fee or tag because of death of the dog or the owners leaving the
city before the expiration of the license period.
D The licensing provisions of this section shall not apply to dogs whose
owners are nonresidents temporarily (30 days) within the city, nor to dogs
brought into the city for the purpose of participating in any dog show. If
the animal owned is a service animal which is capable of being properly
identified as from a recognized school for seeing eye, hearing ear, service
or guide animals, and the owner is a blind or deaf person, or a person with
2
-Z-1' --
physical or sensory disabilities, then no license shall be required.
E The funds received by the City Clerk from all dog licenses and metallic
tags shall first be used to defray any costs incidental to the enforcement
of this section; including, but not restricted to, the costs of licenses,
metallic tags, and impounding and maintenance of the dogs.
503.2.4 Cats and other Domestic Animals. Cats and other Domestic Animals
shall be included as controlled by this division insofar as
running-at-Iarge, pickup, impounding, boarding, licensing and proof of
anti-rabies vaccine is concerned. All other provisions of this section shall
also apply to cats and other Domestic Animals unless otherwise provided.
503.2.5 Vaccination. All dogs and cats kept harbored, maintained, or
transported within the city shall be vaccinated at least once every two
years by a licensed veterinarian for:
A Rabies - with a live modified vaccine; and
B Distemper.
A certificate of vaccination must be kept on which is stated the date of
vaccination, owner's name and address, the animal's name (if applicable),
sex, description and weight, the type of vaccine, and the veterinarian's
signature. Upon demand made by the City Clerk, the Animal Control Officer or
Police Officer or a police officer, the owner shall present for examination
the required certificate(s) of vaccination for the animal(s). In cases where
certificates are not presented, the owner or keeper of the animal(s) shall
have seven days in which to present the certificate(s) to the City Clerk or
officer. Failure to do so shall be deemed a violation of this section.
503.3 Non Domestic Animals. It shall be illegal for any person to own,
possess, harbor, or offer for sale, any non-domestic animal within the city.
Any owner of a non-domestic animal at the time of adoption of this code
shall have 30 days in which to remove the animal from the city after which
time the city may impound the animal as provided for in this section. An
exception shall be made to this prohibition for animals specifically trained
for and actually providing assistance to the handicapped or disabled, and
for those animals brought into the city as part of an operating zoo,
veterinarian clinic, scientific research laboratory, or a licensed show or
exhibition.
503.4 Farm Animals. Farm animals shall only be kept in an agricultural
district of the city, or on a residential lot of at least ten acres in size
provided that no animal shelter, such as a barn or shed, shall be within 300
feet of an adjoining piece of property. An exception shall be made to this
section for those animals brought into the city as part of an operating zoo,
veterinarian clinic, scientific research laboratory, or a licensed show or
ex~ibition.
503.5 Impounding.
503.5.1 Running at large. Any unlicensed animal running at large is hereby
declared a public nuisance. Any Animal Control Officer or Police Officer
may impound any dog or other animal found unlicensed or any animal found
running at large and shall give notice of the impounding to the owner of the
dog or other animal, if known. The Animal Control Officer or Police Officer
shall not enter the property of the owner of an animal found running at
large or the owner of an unlicensed animal unless the officer has first
obtained the permission of the owner to do so or has obtained a warrant
issued by a court of competent jurisdiction to search for and seize the
animal.
In case the owner is unknown, the officer shall post notice at the City Hall
that if the dog or other animal is not claimed within the time specified, it
will be sold or otherwise disposed of. The notice shall set forth: (1)
where and when the animal was seized, (2) the animal's gender, color, breed,
and approximate age, (3) the name of owner (if known), and (4) the date and
approximate time that the animal will be sold or destroyed unless claimed
and redeemed. Except as otherwise provided in this section, it shall be
unlawful to kill, destroy, or otherwise cause injury to any animal,
including dogs and cats running at large.
503.5.2 Biting animals. Any animal that has not been inoculated by a
live modified rabies vaccine and which has bitten any person, wherein the
skin has been punctured or the services of a doctor are required, shall be
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confined in the city pound for a period of not less than ten days, at the
expense of the owner. The animal may be released at the end of the time if
healthy and free from symptoms of rabies, and by the payment of all costs by
the owner. However, if the owner of the animal shall elect immediately upon
receipt of notice of need for the confinement by the officer to voluntarily
and immediately confine the animal for the required period of time in a
veterinary hospital of the owner's choosing, not outside of the county in
which this city is located, and provide immediate proof of confinement in
the manner as may be required, the owner may do so. If, however, the animal
has been inoculated with a live modified rabies vaccine and the owner has
proof of the vaccination by a certificate from a licensed veterinarian, the
owner may confine the dog or other animal to the owner's property.
503.5.3 Reclaiming. All animals conveyed to the pound shall be kept, with
humane treatment and sufficient food and water for their comfort, at least
five regular business days, unless the animal is a dangerous animal, in
which case it shall be kept for seven regular business days, and except if
the animal is a cruelly-treated animal in which case it shall be kept for
ten regular business days, unless sooner reclaimed by their owners or
keepers as provided by this section. In case the owner or keeper shall
desire to reclaim the animal from the pound, the following shall be
required, unless otherwise provided for in this code or established from
time to time by resolution of the City Council:
A Payment of the release fee and receipt of a release permit as established
by the City Council
B Payment of maintenance costs, as provided by the pound, per day or any
part of day while animal is in the pound; and
C If a dog is unlicensed, payment of a regular license fee and valid
certificate of vaccination for rabies and distemper shots is required.
503.5.4 Unclaimed animals. If an animal has not been reclaimed within the
time allotted in accordance with the provisions of this section, the officer
appointed to enforce this section may let any person claim the animal by
complying with all provisions in this section, or the officer may sell the
animal to the University of Minnesota, or cause the animal to be destroyed
in a proper and humane manner and shall properly dispose of the remains
thereof. Any money collected under this section shall be payable to the City
Clerk.
503.6 Nuisances ~
503.6.1 Habitual barking. It shall be unlawful for any person to keep or I
harbor a dog which habitually barks or cries. Habitual barking shall be
defined as barking for repeated intervals of at least five minutes with less
than one minute of interruption. The barking must also be audible off of
the owner's or caretaker's premises.
503.6.2 Damage to property. It shall be unlawful for any person's dog or
other animal to damage any lawn, garden, or other property, whether or not
the owner has knowledge of the damage.
503.6.3 Cleaning up litter. The owner of any animal or person having the
custody or control of any animal shall be responsible for cleaning up any
feces of the animal and disposing of the feces in a sanitary manner whether
on their own property, on the property of others or on public property.
503.6.4 Entering Premises. An Animal Control Officer or Police Officer may
ent er a property of the own.e r of an animal descr.ibed in this section if;J.t
is deemed necessary to search for and seize the animal. .
503.6.5 Other. Any animals kept contrary to this section are subject to
impoundment.
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903.7 Seizure of Animals. Any police officer or Animal Control Officer or
Police Officer may enter upon private property and seize any animal with or
without the permission of the owner of the property, if that person is also
the owner of the animal, provided that the following exist:
A There is an identified complainant other than the police officer or Animal
Control Officer or Police Officer making a contemporaneous complaint about
the animal.
B The officer reasonably believes that the animal meets either the barking
dog criteria or the criteria for an at large animal.
C The officer can demonstrate that there has been at least one previous
complaint of a barking dog; inhUmane treatment of the animal; or that the
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animal was at large at this address on a prior date.
D The officer has made a reasonable attempt to contact the owner of the
animal and the property to be entered and those attempts have either failed
or have been ignored.
E Written notice of the seizure is left in a conspicuous place if personal
contact with the owner of the animal is not possible.
503.8 Animals Presenting a Danger to Health and Safety of City. If, in the
reasonable belief of any person or the Animal Control Officer or Police
Officer or police officer, an animal presents an immediate danger to the
health and safety of any person, or the animal is threatening imminent harm
to any person, or the animal is in the process of attacking any person, the
person or officer may destroy the animal in a proper and humane manner
whether or not the animal is on the property of its owner. Otherwise, the
person or officer may apprehend the animal and deliver it to the pound for
confinement. If the animal is destroyed, the owner or keeper of the animal
destroyed shall be liable to the city for the cost of maintaining and
disposing of the animal, plus the costs of any veterlnarian examination. If
the animal is found not to be a danger to the health and safety of the city,
it may be released to the owner or keeper.
503.9 Diseased Animals.
503.9.1 Running at large. No person shall keep or allow to be kept on his
or her premises, or on premises occupied by them, nor permit to run at large
in the city, any animal which is diseased so as to b~ a danger to the health
and safety of the city, even though the animal be properly licensed under
this section, and a warrant to search for and seize the animal is not
required.
503.9.2 Confinement. Any animal reasonably suspected of being diseased and
presenting a threat to the health and safety of the public, may be
apprehended and confined in the pound by any person, the Animal Control
Officer or Police Officer. The officer shall have a qualified veterinarian
examine the animal. If the animal is found to be diseased in a manner so as
to be a danger to the health and safety of the city, the officer shall cause
the animal to be painlessly killed and shall properly dispose of the-
remains. The owner or keeper of the animal killed under this section shall
be liable to the city for the cost of maintaining and disposing of the
animal, plus the costs of any veterinarian examinations.
503.9.3 Release. If the animal, upon examination, is not found to be
diseased the animal shall be released to the owner or keeper free of charge.
503.10 Dangerous Animals.
503.10.1 Attack by an Animal. It shall be unlawful for any person's animal
to inflict or attempt to inflict bodily injury to any person or other animal
whether or not the owner is present. This section shall not apply to an
attack by a dog under the control of an on-duty law enforcement officer or
to an attack upon an uninvited intruder who has entered the owner's home
with criminal intent.
503.10.2 Destruction of Dangerous Animal. The Animal Control Officer or
Police Officer shall have the authority to order the destruction of
dangerous animals in accordance with the terms established by this chapter.
503.10.3 Definitions. For the purpose of this division, the following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
DANGEROUS ANIMAL. An animal which has:
A Caused bodily injury or disfigurement to any person on public or private
property;
B Engaged in any attack on any person under circumstances which would
indicate danger to personal safety;
C Exhibited unusually aggressive behavior, such as an attack on another
animal;
D Bitten one or more persons on two or more occasions; or
E Been found to be potentially dangerous and/or the owner has personal
knowledge of the same, the animal aggressively bites, attacks, or endangers
the safety of humans or domestic animals.
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POTENTIALLY DANGEROUS ANIMAL. An animal which has: .
A Bitten a human or a domestic animal on public or private property;
B When unprovoked, chased or approached a person upon the streets,
sidewalks, or any public property in an apparent attitude of attack; or
C Has engaged in unprovoked attacks causing injury or otherwise threatening
the safety of humans or domestic animals.
PROPER ENCLOSURE. A structure with securely confined indoors or in a
securely locked pen or structure suitable to prevent the animal from
escaping and to provide protection for the animal from the elements. A
proper enclosure does not include a porch, patio, or any part of a house,
garage, or other structure that would allow the animal to exit of its own
volition, or any house or structure in which windows are open or in which
door or window screens are the only barriers which prevent the animal from
exiting. The enclosure shall not allow the egress of the animal in any
manner without human assistance. A pen or kennel shall meet the following
minimum specifications:
A Have a minimum overall floor size of 32 square feet.
B Sidewalls shall have a minimum height of five feet and be constructed of
11 gauge or heavier wire. Openings in the wire shall not exceed two inches,
support posts shall be 13-inch or larger steel pipe buried in the ground 18
inches or more. When a concrete floor is not provided, the sidewalls shall
be buried a minimum of 18 inches in the ground.
C A cover over the entire pen or kennel shall be provided. The cover shall
be constructed of the same gauge wire or heavier as the sidewalls and shall
also have no openings in the wire greater than two inches.
D An entrance/exit gate shall be provided and be constructed of the same
material as the sidewalls and shall also have no openings in the wire
greater than two inches. The gate shall be equipped with a device capable of
being locked and shall be locked at all times when the animal is in the pen
or kennel.
UNPROVOKED. The condition in which the animal is not purposely excited,
stimulated, agitated or disturbed.
503.10.4 Designation as potentially dangerous animal. The Animal Control
Officer or Police Officer shall designate any animal as a potentially
dangerous animal upon receiving evidence that the potentially dangerous
animal has, when unprovoked, bitten, attacked, or seriously threatened the
safety of a person or a domestic animal. When an animal is declared
potentially dangerous, the Animal Control Officer or Police Officer shall
cause one owner of the potentially dangerous animal to be notified in
writing that the animal is potentially dangerous.
503.10.5 Evidence justifying designation. The Animal Control Officer or
Police Officer shall have the authority to designate any animal as a
dangerous animal upon receiving evidence of the following:
A That the animal has, when unprovoked, bitten, attacked, or threatened the
safety of a person or domestic animal.
B That the animal has been declared potentially dangerous and the animal has
then bitten, attacked, or seriously threatened the safety of a person or
domestic animal.
503.10.6 Authority to order destruction. The Animal Control Officer, upon
finding that an animal is dangerous hereunder, is authorized to order, as
part of the disposition of the case, that the animal be destroyed based on a
written order containing one or more of the following findings of fact:
A The animal is dangerous as demonstrated by a vicious attack, an unprovoked
attack, an attack without warning or multiple attacks; or
B The owner of the animal has demonstrated an inability or unwillingness to
control the animal in order to prevent injury to persons or other animals.
503.10.7 Procedure. The Animal Control Officer, after having determined
that an animal is dangerous, may proceed in the following manner: the
Animal Control Officer or Police Officer shall cause one owner of the animal
to be notified in writing or in person that the animal is dangerous and may
order the animal seized or make orders as deemed proper. This owner shall be
notified as to dates, times, places and parties bitten, and shall be given
14 days to appeal this order by requesting a hearing before the City Council
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for a review of this determination.
If no appeal is filed, the Animal Control Officer or Police Officer shall
obtain an order or warrant authorizing the seizure and the destruction of
the animal from a court of competent jurisdiction, unless the animal is
already in custody or the owner consents to the seizure and destruction of
the animal.
If an owner requests a hearing for determination as to the dangerous nature
of the animal, the hearing shall be held before the City Council, which
shall set a date for hearing not more than three weeks after demand for the
hearing. The records of the Animal Control or City Clerk's office shall be
admissible for consideration by the Animal Control Officer or Police Officer
without further foundation. After considering all evidence pertaining to the
temperament of the animal, the City Council shall make an order as it deems
proper. The City Council may order that the Animal Control Officer or Police
Officer take the animal into custody for destruction, if the animal is not
currently in custody. If the animal is ordered into custody for destruction,
the owner shall immediately make the animal available to the Animal Control
Officer. If the owner does not immediately make the animal available, the
Animal Control Officer or Police Officer shall obtain an order or warrant
authorizing the seizure and the destruction of the animal from a court of
competent jurisdiction.
No person shall harbor an animal after it has been found by to be dangerous
and ordered into custody for destruction.
503.10.8 Stopping an attack. If any police officer or Animal Control
Officer or Police Officer is witness to an attack by an animal upon a person
or another animal, the officer may take whatever means the officer deems
appropriate to bring the attack to an end and prevent further injury to the
victim.
503.10.9 Notification of new address. The owner of an animal which has been
identified as dangerous or potentially dangerous shall n0tify the Animal
Control Officer or Police Officer in writing if the animal is to be
relocated from its current address or given or sold to another person. The
notification shall be given in writing at least 14 days prior to the
relocation or transfer of ownership. The notification shall include the
current owner's name and address, the relocation address, and the name of
the new owner, if any.
503.11 Dangerous Animal Requirements
503.11.1 Requirements. If the City Council does not order the destruction
of an animal that has been declared dangerous, the City Council may, as an
alternative, order any or all of the following:
A That the owner provide and maintain a proper enclosure for the dangerous
animal
B Post the front and the rear of the premises with clearly visible warning
signs, including a warning symbol to inform children, that there is a
dangerous animal on the property as specified in Minnesota State Statue
347.51 as may be amended from time to time:
C Provide and show proof annually of public liability insurance in the
minimum amount of $300,000;
D If the animal is a dog and is outside the proper enclosure, the dog must
be muzzled and restrained by a substantial chain or leash (not to exceed six
feet in length) and under the physical restraint of a person 16 years of age
or older. The muzzle must be of a design as to prevent the dog from biting
any person or animal, but will not cause injury to the dog or interfere with
its vision or respiration;
E If the animal is a dog, it must have an easily identifiable, standardized
tag identifying the dog as dangerous affixed to its collar at all times as
specified in M.S. 347.51 as it may be amended from time to time, and shall
have a microchip implant as provided by M.S. 347.151, as it may be amended
from time to time:
F All animals deemed dangerous by the Animal Control Officer or Police
Officer shall be registered with the county in which this city is located
within 14 days after the date the animal was so deemed and provide
satisfactory proof thereof to the Animal Control Officer.
G If the animal is a dog, the dog must be licensed and up to date on rabies
vaccination. If the animal is a cat or ferret, it must be up to date with
rabies vaccination. .
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503.11.2 Seizure. As authorized by M.S. 347.54, as it may be amended from
time to time, the Animal Control Officer or Police Officer shall immediately
seize any dangerous animal if the owner does not meet each of the above
requirements within 14 days after the date notice is sent to the owner that
the animal is dangerous. Seizure may be appealed to district court by
serving a summons and petition upon the city and filing it with the district
court.
503.11.3 Reclaiming animals. A dangerous animal seized may be reclaimed by
the owner of the animal upon payment of impounding and boarding fees and
presenting proof to animal control that each of the requirements under
503.11.1 is fulfilled. An animal not reclaimed under this section within 14
days may be disposed of as provided, and the owner is liable to the city for
costs incurred in confining and impounding the animal.
503.11.4 Subsequent offenses. If an owner of an animal has subsequently
violated the provisions with the same animal, the animal must be seized by
animal control. The owner may request a hearing. If the owner is found to
have violated the provisions for which the animal was seized, the Animal
Control Officer or Police Officer shall order the animal destroyed in a
proper and humane manner and the owner shall pay the costs of confining the
animal. If the person is found not to have violated the provisions for which
the animal was seized, the owner may reclaim the animal under the provisions
of 503.11.3 If the animal is not yet reclaimed by the owner within 14 days
after the date the owner is notified that the animal may be reclaimed, the
animal may be disposed of and the owner is liable to the animal control for
the costs incurred in confining, impounding and disposing of the animal.
503.12 Basic Care. All animals shall receive from their owners or keepers
kind treatment, housing in the winter, and sufficient food and water for
their comfort. Any person not treating their pet in a.humane manner will be
subject to the penalties provided in this section.
503.13 Breeding Moratorium. Every female dog or female cat in heat shall be
confined in a building or other enclosure in a manner that it cannot come in
contact with another dog or cat except for planned breeding. Upon capture
and failure to reclaim the animal, every dog or cat shall be neutered or
spayed prior to being transferred to a new owner.
503.14 Enforcing Officer. The Council is hereby authorized to appoint an
animal control officer(s) to enforce the provisions of this section. In the
officer's duty of enforcing the provisions of this section, he or she may
from time to time, with the consent of the City Council, designate
assistants.
503.15 Pound. Every year the Council shall designate an official pound to
which animals found in violation of this chapter shall be taken for safe
treatment, and if necessary, for destruction.
503.16 Interference with Officers. No person shall in any manner molest,
hinder, or interfere with any person authorized by the City Council to
capture dogs, cats or other animals and convey them to the pound while
engaged in that operation. Nor shall any unauthorized person break open the
pound, or attempt to do so, or take or attempt to take from any agent any
animal taken up by him or her in compliance with this chapter, or in any
other manner to interfere with or hinder the officer in the discharge of his
or her duties under this chapter.
503.17 Multiple Pets. In order to own three or more of anyone species, a
multiple pet permit is required. In addition to the Multiple Pet Permit, the
owner must obtain a regular license for each animal as required by other
City Code Provisions. Applications for Multiple Pet Permits shall be
processed and approved through the City Clerk.
503.17.1 Issuance Of Multiple Pet Permits. An annual Multiple Pet Permit
shall be issued at a fee as determined by the City Council pursuant to
resolution. Permits shall be pro-rated monthly. If an owner acquires a new
pet, which would require obtaining a Permit, then the owner will only be
charged for the number of months remaining in the year including the month
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within which the Permit is being obtained.
503.17.2 Stipulations. All premises with Multiple Pet Permits shall be
maintained areas where animals are kept free of all contamination and
diseases, shall provide sufficient enclosures and housing, so as to keep the
pets on the owner's premises, shall be kept in a clean and sanitary manner,
devoid of rodents and vermin and free from objectionable odors, noises and
other nuisances effecting the public.
503.17.3 Maximum N~er of Animals. Because the keeping of four or more
dogs on the same premises is subject to great abuse, causing discomfort to
persons in the area by way of smell, noise, hazard, and general aesthetic
depreciation, the keeping of four or more dogs on the premises is hereby
declared to be a nuisance. The exception to the maximum number of animals
allowed is that a fresh litter of pups may be kept for a period of up to
four months.
503.17.4 Revocation. The City Council may revoke a Multiple Pet Permit for
violation of any of the requirements contained in section 503 or the
violation of any other City Code Provision pertaining thereto. Before
revoking any such permit, the City shall notify the owner of its intention
to do so stating the grounds upon which the permit is being revoked and
giving the permit holder the right to a hearing before the City Council. Any
request for hearing by a permit holder must be submitted in writing to the
City Clerk no later than ten days following receipt of the Notice of
Revocation. If the permit holder within said ten days requests a hearing in
compliance with the provisions established herein, a hearing shall be held
before the City Council to determine whether the Permit should be revoked.
Following said hearing, the City Council shall, by resolution, make a
determination whether the revocation should occur and the basis for it. If
no request for hearing is received by the City Clerk within the ten days as
set forth above, then the revocation shall be effective on the tenth day
following receipt of the Revocation Notice.
503.18 Penalty. Separate offenses. Each day a violation of this chapter is
committed or permitted to continue shall constitute a separate offense and
shall be punishable under this section.
503.18.1 Misdemeanor. Unless otherwise provided, violation of this chapter
shall constitute a misdemeanor punishable as provided in Minnesota State
Statute 10.99.
503.18.2 Petty misdemeanor. Violations of 503.2, 503.7, 503.12 and 503.13
are petty misdemeanors punishable as provided in Minnesota State Statute
10.99.
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141 002
COMMONWEALTH OF KENTllCK:j' /
CITY OF V ANCEBlJRG
Ordinance No. 340.01A
~ d b 'M {S<7i () V"'
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"
AN ORDINANCE IN RELATION TO VICIOUS ANIMALS
This Ordinance defines "vicious animal"; establishes standards for keeping
vicious animals; requires owners of vicious animals to maintain liability insurance;
establishes identification and reporting procedure for vicious animals; delegates
enforcement of the ordinance to the Vanceburg Police Department; and provides
violation of the ordinance shall be a Class A Misdemeanor as defined by the Kentucky
Penal Code.
WHEREAS, vicious animals constitute a threat to.the citizens and the benefits of
the owners of such animals are outweighed by danger to the general public;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF V ANCEBURG,
KENTUCKY:
.)
. . ~
1. For the purpose of this ordinance, "vicious animal" means any animal that has a habit of
jumping, barking, and biting at children or other people, or that has a propensity,
tendency, or disposition to attack, cause injury, or otherwise endanger the safety of
persons or domesticated companion animals or that has behaved in such a manner that the
owner knows or should have known that the animal had tendencies to bite or attack
persons or other domestic companion animals. A vicious animal; does not include an
animal that bites or attacks a person or animal that is trespassing on the property of the
,. ,- animal's owner. A vicious animal does not include an animal that bites or attacks a
person or animal that provokes, torments, tortures, or treats an animal cruelly. A vicious
animal does not include an animal that is responding in a manner that an ordinary and
. r~asonable person ~9J.1ld conclude was designed to protect a pe~f-that person is
. . engaged in lawful activit~ pr is the subject of an assault or ba.~\(ry; or. to protect itself or
another animal. '. ."- . .
,.~.' Ill"!'" .~..., . " .
""
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., .'
" '.. . 2. Stan<tlilrds for Keep~ng. Vicious A:nin~als, The li'eeping of vicious animals shall be subject
. ..' 'to the following standards. .
l
(a) Leash and Muzzle. No person shall permit a vicious animal to
go outside of its kennel, pen or the owner's residence unless
such animal is securely leashed with a leash no longer than
four (4) feet in length. No person shall permit such an animal
to be kept on a chain, rope, or other type of leash outside its
kennel or pen unless a person is in physical control of the
leash. Such animals may not be leashed to inanimate objects
such as trees. posts, buildings, etc, ]n addition, alL such animuls
on a leash outside of the animal's kennel, pen, or the owner's
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residence must be muzzled by a muzzling device sufficient to
prevent the animal I,.om biting persons or other animals.
(b) Confinement. All vicious animals shall be securely contined
indoors or in a securely enclosed and locked pen or kennel.
except when leashed and muzzled as provided in paragraph (a)
above. Such pen, kennel, or structure must have secure sides
and a secure top attached to its sides. A fenced-in yard by itself
is insufficient to meet this standard. All structures used to
confine such animals must be locked with a key or
combination lock when such animals are within the structure.
Such structure must have a secure bottom or Iloor attached to
the sides of the pen, or the sides of the pen must be embedded
in the ground to a depth of no less than two (2) feet. All
. structures erected to house such animals must comply and be
111spected by an officer of the Vanceburg Police Department.
All such structures must be adequately lighted, ventilated, and
kept in a clean and sanitary condition. The house or shelter for
said animal shall be totally enclosed within the confinement
structure. Fencing must be at least 14 gauge fencing wire.
,
(c) Confinement Indoors. No vicious animal may be kept on a
porch, patio or in any part of a house or structure that would
allow the animal to exit such building on its own volition. In
addition, no such animal may be kept in a house or structure
where window screens or screen doors are the only obstacles
preventing the animal from exiting the structure.
(d) Signs. All owners, keepers or harborers of vicious animals
shall within ten (10) day of the effective date of this
Ordinance, display in a prominent place on their premises a
sign, easily readable by the public from adjoining public roads
or strcets, using su9.h. words as "Beware of vicious animal" or
other appropriate wm:ning language. In addition, a similar" sign
must be posted on the k~ni1d Of pen of such animal
~. " '. . .
3. Insurance Identification and RepOliing Requirements.
(a) Insurance. All owne'rs, keepers or harborers of vicious animals must,
within ten (10) days of the effective date of this Ordinance, obtain and
maintain liability insurance in an amount of five hundred thousand
dollars ($500,OOOJJO) for each occurrence for bodily injury to or death
of any person or persons which may result from ownership, keeping,
or maintenance of such animal.
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(b) Identification photographs. All owners, keepers or harborers of vicious
animals must, within ten (10) days of the effective date of this
Ordinance, provide to the Vanceburg Police Department two (2) color
photograph of the registered animal clearly showing the color and
approximate size of the animal.
(e) Reporting requirements. All owners, keepers or harborers of vicious
animals must, within three (3) days of the following incidents, report
the following in writing to the Vanceburg Police Department:
(1) The removal or death of a vicious animal.
. (2) The birth of offspring of a vicious animal.
(3) The new address of a vicious animal if the owner moves
within the County limits.
(4) The animal is on the loose, has been stolen, or has attacked
a person.
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(d) Registration of vicious animals. Every owner of a vicious animal in the
city shall register the animal with the Vanceburg Police Department,
stating the name, address, telephone number of owner, the address
where the animal is harbored, if different from the owner's address, a
complete identification of the animal including sex, color, and any
other distinguishing physical characteristics, and proof of rabies
vaccination. Registration shall be completed within (3) days after the
owner takes possession of or harbors the dog within the city limits.
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(e) Change of Ownership. Any owner of a vicious animal who sells or
otherwise transfers ownership, custody or residence of the animal
shall, within (3) days after' such change of ownership or residence,
provide written notification to the Vanceburg ?otrCe Department of the
nan1e, address and telephon~..pumber of the new owner. It shall be the
responsibility of the person transfen.ing ownership or custody of the
animal to provide written notification of the animal's classification as
d811gerous to the person receiving the animal. The previous owner
shall furnish a copy of such n.otification to the Vanceburg Police
Department along with written acknowledgment by the owner of his
receipt of slIch notification.
(t) Any person receiying a vicious animal shall comply fully with the
provisions of this ordinance prior to acquisition of said animal.
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(g) Any animal that has been declared viciolls 9r dangerous by the
Val1ceburg Police Department. another municipality. .coul1ty or state
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shall be subject to the provisions of this ordinance for the remainder of
its life. The person owning or having custody of an)' animal designated
as a dangerous or vicious animal by any other municipality. county. or
state government shall notify the Vanceburg Police Department of the
animal"s address within (3) days of moving the animal into the City of
Vanceburg. All provisions of this ordinance shall be met prior to
acquisition of said animal.
(h) The owner of a vicious animal shall, within (3) business days after the
classification of the animal as vicious or dangerous or upon acquisition
of such an animal. obtain an annual permit from the City of Vanceburg
to harbor the animal. The fee for such permit shall be twenty-live
dollars and fifty cents ($25.50) per year. At the time the permit is
issued, a red circular tag shall be issued to the owner of the animal.
The tag shall be worn at all times by the animal to clearly and easily
identify it as a vicious animal. If red tag is lost it is the responsibility
of the owner to replace the red tag at a cost of ten dollars ($ I 0). The
permit for maintaining the vicious animal shall be presented to the
Vanceburg Police Department officer upon demand.
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4. Reputable Preswnption as to Pit Bulls and Wolf-Hybrids. There shall be a rebut table
presumption that Pit Bull dogs and Wolf-Hybrids and any other animal adjudicated as a
dangerous animal are vicious animals for purposes of this Ordinance. "Pit Bull Dog" is
defined for purposes of this Section to mean the Bull Terrier breed of dog, the
Staffordshire Bull Terrier breed of dog, the American Pit Bull Terrier breed of dog, the
American Staffordshire Terrier breed of dog, dogs of mixed breed or other breeds which
breed or mixed breed is known as Pit Bulls, Pit Bull Dogs, or Pit Bull Ten.iers, and any
dog which has the appearance and characteristics of being predominantly of the breeds of
Bull Terrier, Staffordshire Bull Terrier, American Pit Bull Terrier, American
Staffordshire TeLTier, any other breed commonly known as Pit Bulls, Pit Bull Dogs, or
Pit Bull Terriers, or a combination of any of these breeds. A "Wolf- ,Hybrid" is defined
fof puiposes of this Section to mean any animal having a lineage dating from 1900 with
any wolf breed combined with any other domesticated dog.
5. Enforcement. It shall be the'duty of the Vanceburg Police Department to enfor~t; t~is. .
ordinance.
(a) All animal complaints shall be investigated by the Vanceburg Police
Department all complaints shall be put in writing and reviewed the
Chief of Police and the Ordinance officer shall determine together if a
animal is vicious or not.
(b) All complaints on vicious animals in violation of this ordinance, the
Vanceburg Police Department shall forthwith investigate and shall
require the owner or harbor of the vicious animal to comply with the
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provisions of this ordinance ono safely rel110ve such animal from the
city.
6. Failure to Comply. If the owner. keeper or harbor of a vicious animal fails \0 comply
with the requirements and conditions set forth in this Section and this entire Ordinance,
the animal shall be subject to immediate seizure and impoundment or if unable may be
destroyed if the officer determines the animal to be extremely dangerous or vicious to
public health or safety, or a animal that has made an extremely vicious attack upon an
individual or other domesticated animal, or attempting to lung at any individual in which
an officer feels the animal is attempting to attack. or a animal declared vicious or
dangerous whose owner is unable or unwilling to adequately restrain it, or jf that is the
only means of catching the animal.
7. Cont1icting Ordinances. All other ordinances of the city of Vanceburg that are in contlict
with this ordinance are hereby repealed to the extent of the conflict.
8. Severability, The Provisions of this ordinance are declared to be severable, If any section,
sentence, clause, or phrase of the ordinance be held invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this ordinance, but they shall remain in effect;
it being the legislative intent that this ordinance shall remain in effect notwithstanding the
validity of any pmi. '
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9. Penalty, Violation of any proVISIOn of this Ordinance shall constitute a Class A
Misdemeanor as defined by the Kentucky Penal Code. Each occurrence shall constitute a
separate offense. A person convicted for violating this Ordinance shall be sentenced for a
term of imprisonment not to exceed twelve (12) months and/or sentenced to pay a fine
not'" ",,,,,d Fivo Hond"d Don", ($500.~~ ~
Ilfvrmliam T. C pe, or '.
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Signed by Mayor:
Published:
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.f:'U /L /1, K..-!.. (...' ) 'I./i..~j
J . na H, Billman. City Clerk
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304
MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.U5
TO:
Mayor and Councilmembers
CC:
Jim Dickinson, City Administrator
Will Neumeister, Community Development Director d..
FROM:
SUBJECT: Subdivision Code Update Discussion - Planning
DATE:
June 26, 2007
INTRODUCTION
This report summarizes the issues identified as significant changes related to the Subdivision Code
update. Suggested changes from the Council's May 22, 2007 workshop discussion have not been
made in the attached copy. We are still consulting with the City Attorney on some sections that
needed his input. Because there are quite a few new code changes, staff wanted Council to see where
the biggest changes are proposed, before we take it to any public meetings (at the Planning
Commission) for review.
DISCUSSION
Summary of proposed changes:
1. Park Dedication:
a. Reworked the methodology for figuring the cash payment or land contribution If a cash
dedication is required, then the justification for the per-lot fee must be based on a Park Study
instead of 10% of the market value of the land. If land is to be dedicated, then credit for land
needs to be based on value ofland at the time of final plat (i.e. lot price minus improvement
costs).
b. Credit for certain park improvements made by developers (previously missing from code).
c. Establishing a trail fee and requiring a cash contribution for trails (previously missing from
code).
d. Collecting a park fee and trail fee on lot splits (previously missing from code).
e. City will pay for regional trail and the developer will pay for sidewalk and internal trails
(previously missing from code).
2. Required Improvements
a. Utilities: The subdivision ordinance should require developers to construct utilities to the
edge of property, or at least into an easement that reaches the end of the property of the
project. Current Code does not require this, so some buildable tracts are held hostage (i.e.
can not begin to develop) until others finish developing.
b. Intersection Improvements: The Code needs justification and a process for collection of
funds for on- and off-site intersection and roadway improvements.
c. Street Lights: The code will specifically state that the developer must install street lights.
d. Sidewalks and Trails: Language establishing a trail fee is needed for both regional and
local trails. The Code also needs language linking statutory authority to require sidewalks to
the trails map.
e. Lot Splits: The Code needs to provide differentiation between the requirements for lot splits
and subdivisions.
f. Phased Construction: A section has been added to require developers to extend utilities and
streets to adjacent properties.
g. Trunk Oversizing: A section has been added that indicates oversizing costs will be
reviewed by the City and oversizing may be required to be done following the City's
Development guidelines for infrastructure costs.
h. Overhead Utilities: A section has been added that requires developers to bury all existing
overhead lines.
i. Dead or Diseased Trees: A section has been added that requires developers to remove all
dead or diseased trees.
3. Traffic Impact Study: This is currently absent from the code and will only be used on major
developments.
4. Sketch Plan Process and Fee: This is currently absent from code.
5. Preliminary and Final Plat Application / Checklist: Checklists for both preliminary and final
plat requirements are adopted by reference and this will be annually adopted. This will allow it to
be current as to what the requirements are and it also shortens the code (see attached checklists).
6. Time Between Meeting Dates (Title 11-2-2-B-6): This section creates processing and legal
issues and needs to be rewritten. Staff currently uses a "Meetings and Applications Deadlines"
handout that tells applicants when their items will move forward.
7. Major & Minor Collector Streets: Definitions based on traffic counts were added to
differentiate the two. Minor collectors would be permitted to have driveway access.
8. Sodding of County Rights-of-Way: The Subdivision Ordinance regulates the design and
installation of boulevard sod. Changes include sodding boulevard areas of both sides of double-
frontage lots (including the county ditches).
Please note that we have many small changes that should be made. This includes small word changes
in the definitions, updating references to State Statute, and replacing other outdated or obsolete
language. The attached draft shows all these proposed changes.
ACTION REOUESTED
Staff will go over the significant changes at the meeting and ask the Council if it is ready to go
forward to the Planning Commission for public hearings. However because of how much there is to
read and understand it may take more than one meeting to go through all the details. The revisions
will not go forward to the Planning Commission for review until staffhears from the Council this is
acceptable to move forward on.
Respectfully submitted,
~
Will Neumeister
Attachments
TITLE 11 REVISED
SUBDIVISION REGULATIONS
Subject
Chapter
General Subdivision Provisions .................................1
Subdivision Plats And Procedures .............................2
Design Standards...................................................... 3
Required Improvements............................................. 4
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SECTION:
11-1-1:
11-1-2:
11-1-3:
11-1-4:
11-1-5:
11-1-6:
11-1-7:
11-1-8:
11-1-9:
11-1-10:
CHAPTER 1
GENERAL SUBDIVISION PROVISIONS
Short Title
Interpretation, Scope And Application Of Provisions
Platting Authority
Definitions
Easements To Be Dedicated
Restrictions On Filing And Recording Conveyances
Restrictions On Issuance Of Permits
Previously Approved Plats Exempt
Variances
Enforcement And Penalty
11-1-1: SHORT TITLE: This title shall be known as the SUBDIVISION
ORDINANCE OF THE C/TY and will be referred to herein as "this title".
(Amended Ord. 10,2-15-1972)
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11 B.
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INTERPRETATION, SCOPE AND APPLICATION OF
PROVISIONS:
Interpretation And Scope: All land subdivisions within the city shall
equal or exceed the standards set forth in this title. The standards
established by this title are not intended to repeal, abrogate, annul or
impair private agreements or restrictive covenants, including state and
county regulations running with the land, which are equal to or more
restrictive than the standards hereby established; except, that the most
restrictive shall apply.
Application Of Provisions: The provisions of this title shall apply to all
Registered Land Surveys within the city, and the standards, regulations
and procedures hereofshall govern the subdivision of land by
Registered Land Survey. Building permits shall be withheld on tracts that
have been subdivided by unapproved Registered Land Surveys, and the
City shall decline to accept tracts as streets or roads or to improve,
repair or maintain such tracts within an unapproved Registered Land
Survey. (Amended Ord. 10,2-15-1972)
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11-1-3: PLATTING AUTHORITY: The Council shall serve as the platting
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authority in accordance with Minnesota La\'~ of 1 gaS, Chapter 670 Minnesota
State Statutes Chapter 462.358. No plat, replat, subdivision of land or
Registered Land Survey shall be filed or accepted for filing by the County
Recorder unless it is accompanied by a certified copy of a resolution adopted by
the affirmative vote of a majority of the members of the Council approving such
plat, replat, subdivision of land or Registered Land Survey. (Amended Ord. 10, 2-
15-1972)
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11-1-4: DEFINITIONS: For the purpose of this title, certain words and
terms are hereby defined as follows:
13 ALLEY:
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A public right-of-way which affords a secondary means of
access to abutting property. No alley shall be allowed.
15 ANDOVER
16 REVIEW
17 COMMITTEE
18 (ARC):
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28 BLOCK:
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Consists of the following departments:
Administration
Building
Engineering
Finance
Fire
PlilRRiR~ ilRa .l8RiR~ Community Development
Police/Public Works
An area of land within a subdivision that is entirely
bounded by streets, or by streets and the exterior
boundary or boundaries of the subdivision, or a
combination thereof with a stream or lake.
33 BOULEVARD:
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That portion of the street right-of-way between the curb
line or edae of street that has no curb and the
property line.
36 BUILDABLE LOTS: Lots that conform to the requirements of Section 11-3-6 of
37 this title.
38 BUTT LOT:
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A lot at the end of a block located between two (2) corner
lots.
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CITY COUNCIL: Council of the City of Andover.
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COMPREHENSIVE
PLAN: Unless otherwise stated, it is the general plan for land use,
transportation, and community facilities pr-epar.sd and
maintained adopted by the community Planning and
Zoning Commission City Council.
DESIGN
STANDARDS:
EASEMENT:
ENGINEER:
FINAL PLAT:
GRADE, SLOPE
OR GRADIENT:
IMPROVEMENTS:
LOT:
The specifications to landowners or subdividers for the
preparation of plats, both preliminary and final, indicating
among other things, the optimum, minimum or maximum
dimensions of such items as rights-of-way, blocks,
easements, lots, etc.
A grant by a property owner for the use of a portion of
land for the express purpose of constructing and
maintaining streets. trails. slopes..... =GF sidewalks. grade
transitions... =GF utilities, including, but not limited to,
electric and telephone lines, sanitary and storm sewer
lines, water lines. .surface drainageways, cable TV, and
gas lines.
Denotes the City Engineer unless otherwise stated.
A drawing or map of a subdivision that meets all of the
requirements of the City and is in such form as meets state
and county requirements for purposes of recording.
The rate of vertical rise or drop from any fixed horizontal line
or point.
The construction or installation of public or private utilities
including, but not limited to, potable water, sanitary sewer
systems, storm sewers, roads and other thoroughfares,
sidewalks, trails. curbs and gutters, paving, barricades,
trees and other plantings, lighting, fuel or energy and the
transmission thereof, transportation systems or facilities
connected therewith and communication systems which are
necessary, desirable or convenient in the maintenance of the
health, safety and the general welfare.
A parcel of land delineated upon and thereafter described by
reference to a plat, Registered Land Surveyor Auditor's
Subdivision, or other similar recorded dedicatory document.
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MAINTENANCE
ACCESS:
OPEN SPACES:
OWNER:
PARKS AND
PLAYGROUNDS:
PEDESTRIANl
TRAIL WAY:
PLANNING AND
ZONING
COMMISSION:
PRELIMINARY
PLAT:
PROTECTIVE
COVENANTS:
An access for the use of a portion of land and/or
easement for the express purpose of maintainina
municipal watermain. sanitary sewer. storm sewer. and
other municipal facilities.
Areas set aside for the preservation of natural open spaces
to counteract the effects of urban congestion and
monotony.
Any combination involving a person; firm; corporation,
including a foreign, domestic or nonprofit corporation; a
partnership, including a limited partnership; a trust; a
political subdivision of the state; or other legal entity or
business organization, having sufficient legal proprietary
interest in the land sought to be subdivided to commence
and maintain proceedings to subdivide the same under
this title.
Public lands and open space in the city dedicated for use
for recreation purposes.
A public €lr ~Fi':ate right-of-way within or across a
block or blocks to provide access for pedestrians and
multi-users which also may be used for
underaround public and private utilities.
The Planning and Zoning Commission of Andover.
The tentative drawing or chart indicating the proposed
layout of the subdivision to be submitted hereunder in
compliance with the Comprehensive Plan and those
regulations including required supporting data.
Contracts made between private parties as to the manner in
which land may be used, with the view of protecting and
preserving the physical and economic integrity of a given
area.
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REQUIRED
PUBLIC
IMPROVEMENTS: Those improvements in any proposed subdivision,
including streets, roadways, water and sanitary sewer
systems, storm water drainage systems, sidewalks.
trails. and others which are required in connection with
the approval of any plat or other subdivision.
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RIGHT-OF-WAY:
SEASONAL
HIGH WATER
MARK:
SKETCH PLAN:
STREET:
Arterial Roads:
MiAeF Local
Rural City
Street:
HIe J'lw~liBly e"'Ae€l im~a ~ehveeA a€l:jaBeAt private
J'lfeperty IiAes t':itRiA tRe lilllits ef a street, pe€lestriaA way,
er tRefGwgRfare. A strip of land acquired bv dedication.
reservation. prescription or condemnation occupied or
intended to be occupied by a street. sidewalk. trail.
snow storaae. traffic control sians and devices.
utilities and utility structures and drainaae. {Amended
Ord. 314. 10-4-2005)
Is iA€liBate€l ~y Ill€lttle€l seils er The elevation of mottled
soils or i&=the highest anticipated aroundwater table.
An informal drawing or sketch of the proposed development
submitted to the GieFk City for consideration prior to
submittal of the preliminary plat.
ft. J'lw~liBly €I'f:Ae€l rig!;!t ef way affer€liA~ J'lrilllary aBBess ~y
J'le€lestriaAs aA€I ':eRiBles wRetRer €lesi~Aat@€I as a street,
hiSRV!ay, th8f9Yshfare, paoo::ay, rea€J, 9':SRlJe, or R8t.tls':er
etAeWi.'ise €lesi~Aate€l.
A public or private roadway intended to be used for the
passaQe or travel bY vehicles. pedestrians. bicyclists
and related maintenance equipment. {Amended Ord.
314. 10-4-2005)
The major traffic carriers feeding to the state highway
system. City arterials are comprised mostly of existing
county roads in the City as defined in the Comprehensive
Plan. Minimum new aooess spacing shall be six hundred
sixty feet (660').
A rW1a1 rea€l'u'JaY street located in the rural area that wAieA
serves abutting properties and the local needs for a
neighborhood.
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MiAeF Local
Urban City
Street:
A street located in the urban area used primarily for access
to the abutting properties and the local needs for a
neighborhood.
Maior Collector
Street: Collector street with more than 2.500 averaae dailv trips
(ADT).
Minor Collector
Street: Collector street with 2.500 or fewer averaae dailv trips
(ADT).
Collector Streets: Feeders to the arterial ro:Jds as defined in the
Comprehensive Plan or generally .....ith an ADT of one
thousand (1,000) or greater or a municipal state aid street for
tho city. Minimum ne..... :Jccess spacing shall bo three
hundred thirty feet (330').
Cul-De-Sac:
A street with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic
movement.
Service Street
Or Service Road: A street which is adjacent to a thoroughfare and which
provides access to abutting properties and protection from
through traffic.
nSFSU~Rfa~s: A maiR reaa sr ~u8lie Ri~R'!.'ay iaBRtifiea as a mURiei~al state
aia esuRly, state, sr etRBr IimitBa aeeess RiSR\':ay.
STREET WIDTH: TRB sReFtBst aistaRee 8et1"eeR tRe let liRes aeliReatiRS tRe
riSRt ef '.way sf a st~et. The distance between the back
of the curb to the back of the curb or from the edae of
pavement to edae of pavement if curbina does not
exist.
SUBDIVIDER: Any person, firm or corporation having sufficient
proprietary interest in land in order to subdivide the same
under this title.
SUBDIVISION: The division of a tract of land into two (2) or more lots or
parcels of land for the purpose of transfer of ownership or
building development. The term includes resubdivision and,
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when appropriate to the context, shall relate to the process
of subdividing or to the land subdivided.
TOPSOIL
BORROW:
For general use as a turf growing medium shall meet the
requirements outlined in the most current MNDOT standard
specifications for construction and be in accordance with
MNDOT 3877 topsoil borrow or as approved by the City
Engineer. (Amended Ord. 10,2-15-1972; amd. 2003 Code;
Ord. 273, 9-2-2003)
TRAFFIC IMPACT
STUDY:
11-1-5:
A study of existina traffic and anticipated traffic
conditions with and without the traffic impacts of the
development. The study should include proposed
mitiaation of impacts and resultina traffic conditions.
EASEMENTS TO BE DEDICATED:
A. Dedication Of Easements: TAe City sAall FeElblir@ as a G8R€liti8R 8f tAe
appm':al @f tAe prelimiRal}' plat tAe €le€liGati@R @f Final plats shall identify
and dedicate all easements for utilities, drainage, street rights-of-way,
surface water ponding and such other public uses as shall be found
necessary, convenient or desirable by the City to ensure the timely
extension of utilities to adjacent properties. Lots served by municipal
services shall have 5-foot drainaae and utility easements alona the
side lot lines and 10-foot drainaae and utility easements alona the
front and rear lot lines. Lots without municipal services shall have
10-foot drainaae and utility easements alona all property lines. fA
aGG@maRGe \VitA ~)(Ai8it A @f tAe Oe"el@pmeRt P@liey CloIi€leliRe a€l@pte€l
8Y tAe City C@b1RGil aR€I @R lile iR tAe 8ffiGe @f tAe City Clerk. Trails will be
dedicated on a separate document.
8. ~1oI8missi@R T@ City C@b1RGil: Pri@rt9 tAe sbl8missi@R at a fiRal plat,
Register@€I laR€I ~"nvey @r JaR €I Sbl8€1i',isi@R t@ tAe Ci~' C@IoIRGil fer
appm\'al, tAe sIoI8€1ivi€ler sAall fl.IrRisA tAe City '::itA all easemeRts fer
IoItilities, €lraiRage, street rigAts at 'Nay, sblrfaGe ':'ilter p@R€liRg, tFail8.
m-inlen8nce 8cce88. aR€I SIolGA 8tAer pbl81iG IoIses as sAall 8e felolR€I t@ 8e
ReGeSsal)', G@R'JeRieRt @r €lesira8le by the City. ~ai€l easemeRts sAall 8e
iR pmper ferm fer reG@miRg iR tAe @ffioo @ftRe C8b1Rty ReG8mer.
OlolpliGate GeFtiliGates at title sAall b8 ma€le available fer tAe liliRg @f
easemeRts 8R registere€llaR€I. ~18 fiRal plat sAall be appr8\'e€l by tAe City
C@IoIRGiI IoIRtil tAere Ras 8eeR flolll G8mpliaRGe "'itA tRis se&ti@R.
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C. Necessity Qf Easement Determined: In the case where the land
subdivision is to be approved administratively and the city determines that
an easement is necessary as stated in this section, the City Council shall
act on the subdivision to determine the need and extent of the easement
to be dedicated. The subdivider shall furnish the City with all easements
found to be necessary by the City Council. (Amended Ord. 10,2-15-1972)
11-1-6:
RESTRICTIONS ON FlUNG AND RECORDING CONVEYANCES:
A. Restrictions On Filing And Recording:
1. No conveyance of land to which these regulations are applicable shall
be filed or recorded if the land is described in the conveyance by metes
and bounds or by reference to an unapproved Registered Land Survey
made after April 21, 1961, or to an unapproved plat made after such
regulations became effective. This provision does not apply to a
conveyance if the land described:
a. Was a separate parcel of record April 1, 1945, or the date of
adoption of subdivision regulations under Laws 1945, Chapter 287,
whichever is the later, or of the adoption of subdivision regulations
pursuant to a home rule charter; or
b. Was the subject of a written agreement to convey entered into
prior to such time; (Amended Ord. 10, 2-15-1972)
c. Was a separate parcel of not less than two and one-half (2 1/2)
acres in area and one hundred fifty feet (150') in width on January
1, 1966, or is a single parcel of land not less than five (5) acres in
area and having a width of not less than three hundred feet (300'),
and its conveyance does not result in the division of the parcel into
two (2) or more lots or parcels, anyone of which is less than five (5)
acres in area or three hundred feet (300') in width, except land that
is in the Rural Reserve area and is further restricted by the
subsection that follows.
d. Is located in the Rural Reserve area (as designated in the
Andover Comprehensive Plan) and is residential or agricultural land
of not less than forty (40) acres or less than five hundred feet (500')
in width and its conveyance does not result in the division of the
parcel into two (2) or more lots or parcels, anyone of which is less
than forty (40) acres in area or fIVe hundred feet (500') in width. The
following exception is allowed, excluding minor parcels that will not
allow for additional building units that will not impede future
development of the Rural Reserve upon approval of the City
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Council. (Ord. 274, 9-2-2003)
e. When a property owner, either residential or commercial, wishes
to move interior lot lines and by doing so does not create any
additional buildable lots by moving said property lines, and the
moving of said property lines does not create any lot which is below
the standards for the applicable zoning district in which it lies, such
new property descriptions may be approved administrativelv 9y
tREl .leRiRS JI.BFRiRistFater if the resulting configuration will have no
adverse effects on surrounding property. Should the .leRiR!!!
JI.BFRiRistrater ~determine the moving of interior lot lines may
have an adverse effect on either adjoining property or may
circumvent other applicable zoning restrictions, the .^.BFRiRistFater
~then shall require the request be processed iR tRB ReFmal
FRaRRElr as a variance to this title by both the Planning aRB .leRiR!!!
Commission and the City Council. Any lot so re-aligned shall be
accompanied by a certificate of survey.
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B. Hardship: In any case in which compliance with the foregoing restrictions
will create an unnecessary hardship and failure to comply does not
interfere with the purpose of this title, the Council may waive such
compliance by adoption of a resolution to that effect. The conveyance may
then be filed or recorded.
C. Penalty: Any owner or agent of the owner of land who conveys a lot or
parcel in violation of the provisions of this section shall forfeit and pay to
the City a penalty of not less than one hundred dollars ($100.00) for
each lot or parcel so conveyed. The City may enjoin such conveyance or
may recover such penalty by a civil action in any court of competent
jurisdiction. (Amended Ord. 10,2-15-1972)
11-1-7:
RESTRICTIONS ON ISSUANCE OF PERMITS:
A. Improvements: All electric. cable TV. telephone. and gas distribution
lines or piping, roadways, walks and other similar improvements shall be
constructed only eR a stFGElt within public riaht-of-wav, or other public
way or easement which is designated on an approved plat, or properly
indicated on the official map of the City, or which has otherwise been
approved by the Council. (Amended Ord. 10,2-15-1972)
B. Access: No permit for the erection of any building shall be issued unless
such building is to be located upon a parcel of land abutting a public
street right-of-way which has been accepted and is currently maintained
by the City, or which has otherwise been approved by the City Council.
This limitation on issuing permits shall not apply to Planned Unit
Developments approved by the City Council pursuant to Title 13, Chapter
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3 of this code. (Amended Ord. 10,2-15-1972; amd. 2003 Code)
C. Limitations: No building permit shall be issued for the erection of any
building on any land conveyed in violation of the provisions of this title. No
permit shall be issued for the erection of any building on any tract of land
described by metes and bounds and consisting of less than five (5) acres
and having a width of less than three hundred feet (300'). (Amended Ord.
10,2-15-1972)
11 1 S: PREVIOUSLY .~.PPROt'ED PlATS EXEMPT: .^.I1 ~mlimiAal)' er
fiAal ~Iats, Re!Jist@re€!laA€! SWr;1'@Ys, sr sU;jer sWB€!i'JisisAS sf laA€! a~~reve€! BY
tRe City CSWAGil Bwt Am file€! t':itR tRe CswAty ReGsmer wA€!er ~re\'isws
smiAaAGes sRall ASt Be swBje&t ts m~wimmeAts sf tRis title, ~m'Ji€!e€l sai€l
sWB€livisisA is file€! witRiA six (0) mSAtRs sf tRe e~&tive €late sf tRis title.
(AmeA€!e€! Om. 1 g, :2 15 1972)
11-1-9:
VARIANCES:
A. Hardship: The Council may grant a variance from the requirements of this
title as to specific tracts of land where it is shown that by reason of
topography or other physical conditions strict compliance with these
requirements could cause an exceptional and undue hardship to the
enjoyment of a substantial property right; provided, that a variance may
be granted only if the variance does not adversely affect the adjacent
property owners and Comprehensive Development Plan or the spirit and
intent of this title.
B. Procedure: Written application for a variance shall be filed with the Clerk,
and shall state fully all facts relied upon by the applicant. The application
shall be supplemented with maps, plans or other data that may aid in an
analysis of the matter. The application shall be referred to the Planning
and Zoning Commission for its recommendation and report to the Council.
C. CewAGiI f.&tisA: ~Js 'JariaAGe sRall Be !JraAte€! BY tRe CewAGil wAless it sRall
Rave mGei':e€l tRe affirmative \'et€l sf a majsrity sf tRe fwll CSWAGil.
(,^.meA€le€! Or€!. 1 g, :2 15 1972)
11-1-10:
ENFORCEMENT AND PENALTY:
A. Unless approved as a final plat as provided herein, no sWB€li':isi8A plat
shall be entitled to record in the County Recorder's office or have any
validity, and the City shall not issue building permits for any structure on a
lot in any proposed subdivision. The City shall not permit any public
improvements to be installed unless the preliminary plat is approved and
sRall Am ~ermit aAY se~'iGes wAtil a~~re\'al sf tRe fiAal ~Iat aA€! mGsmiA!J
sf same the Developm nt Guidelin s for publiclv or privatelv install d
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infrastructure improvement requirements hav b en m t.
Any firm, person, or corporation who violates any of the provisions of
these regulations, er '.vl:le s8l1s, 18as8s, er effe~ fer sal8 er 18as8 aAY let,
61eGk er tFaGH €If laA€l1:I8r8iA re~"i1at@€1 68fer8 all tl:l8 r8€llolir8Rl8Ats ef tl:l8S
r8~1oIlatieRs l:Ia'/@ 688A GeRlpli8€1 '::itR, shall be charqed with ~wilty €If a
misdemeanor and, upon conviction thereof, shall be punished as defined
by state law. ~aGI:I €lay tRat a \'ielatieR is permitte€l te enist sRall GeAstitwte
a S8paFate effeRse.
The platting, replatting, subdividing or conveyance of land not in
accordance with the requirements of this title may be enforced by
mandamus, injunction, or any other appropriate remedy in any court of
competent jurisdiction. (Amended Ord. 10,2-15-1972)
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CHAPTER 2
SUBDIVISION PLATS AND PROCEDURES
SECTION:
11-2-1:
11-2-2:
11-2-3:
Sketch Plan
Preliminary Plat
Final Plat
11-2-1:
SKETCH PLAN:
A. SketGA PieR A",tA€lri2i@€!Procedure: Prior to platting any tract of land, the
subdivider may prepare a subdivision sketch plan for review and
comment by the Andover Review Committee (ARC), Planning aM
Z€lRiRlJ Commission and the City Council. A public hearina by the
Plannina Commission shall be held in accordance with Chpater 12-
14-8. SloIGA sketGA pieR will ~e G€lRsi€!ere€! ss AsviRlJ ~eeR slol~FRitte€! fer
review sR€! €!iSGloISsi€lR ~et\':@eR tAe slol~€!i'/i€!er sR€! tAe AFl€!€l\'er Re\'iew
C€lFRFRittee (ARC), PlsRFliRlJ sR€! Z€lRiRlJ CSFRFRissi€lR sR€! tAe City
C€llolRGil. We A Sketch Plan Fee fee shall be required of the subdivider for
the submission of a sketch plan. However, Any review time by the ARC
shall be billed towards the subdivider. project, provided the projoct
continues beyond tho sketch plan phase to the reviov: of the preliminary
plat-
B. Compliance With City Provisions; Modifications: On the basis of the
subdivision sketch plan, the ARC, Planning and Zoning Commission and
the City Council will advise the subdivider of the extent to which the plan
conforms to the Comprehensive Plan, design standards of this title and to
other ordinances of the city, county, and state. There will be discussion on
possible modification necessary to secure approval of the plan. (Amended
Ord. 10,2-15-1972; amd. 2003 Code)
C. Pf€lGe€!loIre F€lr Submission And Review: The sketch plan shall be
submitted and reviewed in accordance with the following procedures:
1. The applicant may submit a Sketch Plan Review fee as defined in
the Fee Schedule adopted by Ordinance by the City Council.
~~. The subdivider shall submit ten (10) copies of the sketch plan to the
City Community Development Director for review by the Andover Review
Committee (ARC). The ARC shall review and comment on the sketch plan
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within ten (10) days of the submittal by the subdivider.
~ 3: Y~@fI ARC re':i@':/ afl€l G@mmEmt, U~@ sketGR ~Iafl sRall Be ~laGe€l @fI
tRe Rext availaBle agElfI€la 9f tREl PlliRRiflg IiR€l1:@RiRg C@mmissi@R, Bwt fI@
s@@fler tRaR t€lfl (1 O~ €lays after B@iflg re\'iewe€l BY tRe /\RC. TRe Plaflfliflg
C@mmissi@fI sRall R@I€l a PWBliG HeliRRg ifl aGG@r;eaRGe '/:itR CRa~ter 12 Hi
1 ~ S Befere r@"ie\'/ BY tR@ City C@wRGil.
2. 1..I~@fI PlaRRiflg C@mmissi@fI revie\': Iifl€l G@mmeflt, tR@ Sk€ltGR ~1.lfI sRall
B@ ~laGe€l @fI tRe flext availaBle City C@WflGil ageR€la, Bwt fI@ s@@fler tRafl
tefl (10) €lays after Beiflg revie':/e€l BY tRe Plaflfliflg aR€l1:@fliflg
C@mmissi@R. (.^,m€lfI€le€l Or€l. 21 ~, 1 0 ~ 2(05)
D. Required Information: The subdivider shall Drovide the information as
listed on the Sketch Plan aDDlication. TRe sWB€li'li€ler stlall ~r@\'i€le ttle
f@lI@vJiflg miRimwm iflmrmati@R:
1. Site I@Gati@R.
2. A sketGtl @f ttle site sR@'uiflg its gefleFilI stla~e aR€lI@Gati@fI sf ':Jetlafl€ls,
ferElstEl€l areas, ~re~@sEl€l ~@R€liRg I@Gati@fls, a€ljaG@flt r@a€l'.vays, mWfliGi~al
state ai€l €lesigRati@Rs, v:at€lr;1!'ays, ElKistiRg Bwil€liRgs aR€l aRY @tRElr
sigRifiGaflt f.eatwres @f ttle imme€liate area.
2. TY~El @f €l@':el@~meRt ~r@p@se€l.
~. .^ ~relimiflary rea€llay@wt aR€lI@t arraflgemeflt iR€liGatiRg miRimwm
~re~@sEl€lI@t size.
5. t'.erial ~R@t@ (m@st Gwrrefl~ witR tRe skEltGtl ~Iafl @':@rlay.
E. Additional Requirements: The subdivider GaR shall be required to
show adjacent property and any other property as determined
necessary for proper review as required by the ARC, Planning and
Zoning Commission, and City Council. (Amended Ord. 10,2-15-1972)
11-2-2:
PRELIMINARY PLAT:
A. Minimum Lot Size: There shall be no conveyance of land described by
metes and bounds if the conveyance is less than five (5) acres in area and
three hundred feet (300') in width.
B. Procedure: Prior to platting and subdividing any tract of land into tw9
(2) @r mere I@ts more than two lots, the following procedures shall be
followed:
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1. ARC Review:
a. Y~8R G8m~h~ti8R m tAe sket@A ~laR re':ie'JJ ~r8Gess as ~r8viaea
iR SeGti@R 11 21m tAis Gl:la~ter., tl:le The subdivider shall file ten
(10) copies of the preliminary plat with the Community
Development Director for review by the Andover Review
Committee. N8 ~relimiRa~' ~Iat sAall be fjlea 8r sHbmittea fer ARC
review tAat Aas R8t G8m~letea tAe sketGA ~laR li8"iew ~FGGess.
b. The Andover Review Committee shall review preliminary plat
submissions pursuant to Minnesota State Statutes and the
City Code. 'J:i11 re':ie'J: tAe ~Iat ,oJitA tAe aevel8~er t8 eRSHli8 it is
G8m~lete iR aGG8raaRGe "'itA City 8reiRaRGes. TAe ARC '/Jill li8~ly
v:itAiR tl:lirty (3Q) €lays 8f tAe sHbmittal as t8 'vl:letl:ler tl:le ~Iat is 8r is
R8f G8m~lete. If tAe ~Iat is feHR€I t8 be iRG8m~lete, tl:le ~FGGe€lHli8
state a iR SHbseGti8R Q1 a 8f tAis SeGti8R sAall G8RtiRHe HRtil SHGA
time as tAe ~Iat is feHR€I t8 be G8m~let@. If tl:le ~Iat is feHRa te be iR
G8m~liaRGe ':JitA City 8reiRaRGes by tAe .~Ra8\'er Review
C8mmittee, tAe C8mmHRity Oe':eI8~meRt Oimet8r ,\'i11 feJ\vare a
~li8limiRa~' ~Iat a~~liGati8R t8 tAe sHb€li':iaer fer sHbmittal t8 tAe City
Clerl~. N8 iRG8m~lete ~relimiRary ~Iat a~~liGati8R will be aGGe~tea
by tAe City Cle~. TI:le sHbaiHi€ler GaR a~~eal items 8f @8RteRti8R t@
tAe City C8HRGil. VariaRGe re€lHests sAall be iaeRtifiea aRa
~r8Gesse€l as 8HtliRe€l iR Seeti8R 11 1 9 8f tAis title. (.l\meRae€l Qre.
1Q,2 Hi 19'12)
2. Fee: At the time of the filing of the preliminary plat, the subdivider shall
pay to the city a fee as set by Title 1, Chapter 7 of this code~ fer ~Iats
iR':81viRS resiaeRtial18ts 8Rly, a fee as set by Title 1,. CAa~ter 7 8f tl:lis
G8ae fer ~Iats iRV81\.'iRS 8tAer tl:laR li8Si€leRtiaI18ts, ~IHS a f@e set by Title 1,
CAa~ter 7 @f tl:lis G8€1e fer eaGA aGre @f laR€I iR all ~relimiRal)' ~Iats.
(.I\meRae€l Ore. 1Q, 2 Hi 1972; am€l. 2QQJ C8ae)
3. OiStFibHti8R Of C8~ies: TAe CleFl~ sAall li8Gei...e teR (1Q~ G8~ies iR
aaaiti@R t8 tA8se li8€1Hestea HRaer SHbseGti8R Q1 a 8f tAis se@ti8R aRa refer
seHeR (7) G8~ies 8f tAe ~li8limiRa~' ~Iat t8 tl:le PlaRRiRS aR€I Z8RiRS
C8mmissi8R aRa 8Re G8~Y t8 tAe ~RsiReer..
<I. eRsiReer's Re~8r:t: Tl:le I!!:RsiReer sl:lall sHbmit a writteR m~8r:t t8 tAe
PlaRRiRS aRa Z8RiRS C8mmissi8R, '::AiGA sl:lall aeal ':JitA €IFaiRase, stli8ets,
aRa 8tAer eRsiReeriRS matters ~er:tiReRt t8 saia ~relimiRary ~Iat. Saia
li8~8r:t sAall be sHbmitt€l€l te tAe PlaRRiRS aRa Z8RiRS C8mmissi8R ~ri8r t8
tAe ~HbliG l:leaFiRS ~resGFibea iR SHbseGti8R Q5 8f tl:lis seeti8R.
. (Staff is workina on retainina the paraaraph above and
consolidatina it with paraaraph 8 and addina it into paraaraph 1
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2 5. PlaFlFliFlS .I\Fla ZeFliFlS CeFflFflissieFl ""eariFlS Public H arina Pr c ss:
3 Public Hearinas shall be held pursuant to Minnesota State Statute
4 462,358 and HIe PlaFlFliFlS CeFflFflissieR sAallAela a pU8liG AeariRS eFl tAe
5 preliFfliFlary plat "JitRiR siHty (GQ) €lays after saia GeFflplete preliFfliFlary plat
6 aRa GeFflpl€lm appliGatieR are file a \':itA tAe Clerh. HIe PU81iG ""eariRS sAall
7 8e Aela according to CAapmr City Code Title 12 - 14 ~ -8. At said
8 hearing, all persons interested in the plat shall be heard. (Amended Ord.
9 314,10-4-2005)
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11 6. Council Action:
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13 a. After the Plannina Commission acts on the preliminary plat,
14 the Council shall approve, disapprove, or modify the
15 preliminary plat. The date of the meetina shall be at the
16 discretion of the City and in adherence to the 120-Dav Rule as
17 defined in Minnesota State Statute 462.358 Subd. 3b. After tAe
18 CeuRGiI reGei':es tAe repeFt €If tAe PlaFlRiFlS aFla ZeRiFlS
19 CeFflFflissieFl, tAe CeuFlGil, at its FlelEt resular SGAeaulea FfIeetiFlS.
20 sAall aGl: te appm':e er aisappre':e tAe preliFfliFlary plat. HIe repeFt
21 ef tAe PlaRFliRS aFla ZeRiRS CeFflFflissieR SA all 8e plaGea eR tAe
22 aSeFlaa €If tAe City CeuFlGil iFl tAe fGlle'.\'iFlS FfIaFlFler:
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24 (1) ReGeFflFfleFlaatieFls freFfl tAe PlaFlFliRS aFla ZeRiFlS
25 CeFflFflissieFl FfIeetiFlS Aela eFl tAe SeGeFla Tuesaay sAall 8e .
26 plaGea eFl tAe aSeFlaa ef tAe City CeuRGiI at tAe first Tuesaay
27. FfIeetiFlS €If tAe felle'.viFlS FfIeRtA. .
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29 (2) ReeeFflFfleRaatieRS freFfl tRe PlaFlFliFlS aFla ZeFliRS
30 CeFflFflissieFl FfIeetiRS Aela eFl tAe fGUFtA Tuesaay sAall 8e
31 plaeea eR tAe a!JeFlaa sf tAe City CeuFlGil at tAe tAim
32 Tuesaay FfIeetiRS €If tAe fellewiRS FfIeRtA, uRless tAere are
33 five (5) Tuesaays iR tAe Si':ElR FfIeFltA ffeFfl '.\'AieA tAe .
34 reGeFflFfleRElatiBR €If tAe PlaFlRiR!J aFlEl ZElRiFlS CeFflFflissieFl is
35 FfIaEle, iFl '.vAiGA €lase, tAe reGeFflFfleRElatieFl sAall 8e plaGea
36 eR tAe a!JeFlEla €If tAe City CeuRGiI at tAe first TuesElay
37 FfIeetiFlS €If tAe fellewiFlS FfIeFltA.
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39 b. If the Council should deny sAall aisappre\'e the plat, the
40 grounds for any such aiSappm'lal denial shall be set forth in the
41 proceedings of the Council and reported to the subdivider within
42 fourteen (14) days thereafter.
43
44 c. Appro'/al of a preliminary plat by the Council is tentati':e only,
45 subject to the compliance with all requirements and
46 recommondations as a basis for pr-eparation of the final plat.
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7. Petiti€lR "f€l Re~€lRe RezoninQ Application:: At the time of the filing of
the preliminary plat, the subdivider shall submit to the GteFk City the
reQuired application a petition for rezoning to the proposed future use of
said land if the land is not already so zoned. The owner of said land shall
sian the application join in said potition.
. (Ask Bill Hawkins about "PetitioninQ" verses the
application mentioned above.)
8. Approval Of Engineering Factors: Subsequent approval by tho Council
Sh311 be required of all engineering considerations presented in the
preliminary plat which include, but 'Nhich shall not be limited to,
easemonts, '/later supply, sowage disposal, storm drainage, surface water
storage, gas and eloctric services, road gradients and widths, and the
surfacing of str.oots, prior to the approval of the final plat by the Council.
9. Time limit QR AE>l:i€lRs: After a e€lmplereB applieati€lR Ras BeeR
sUBmitteB, tRe City C€lUReil sRall f€lll€l'.\' tRe BsaBliRe f€lr reSp€lRSe as
€lutliReB iR Minnesota State Stature 15.99. (,^.meRBeB Ont 214, 1 Q 4 Q5)
PrelimiRap}' Plat SGRe€!ule: PmlimiRar:;,' plats sRall Be file€! iR aGG@rGaRee
'.\'itR tRe seReBule aB@pt@€! iR tRe De'/el@pmeRt P@liey ~uiBeliRes.
(,^.meRBe€! OrG. 1Q, 2 15 1(71)
Required Preliminary Plat Data: Preliminary plat applications shall
not be considered complete until the reauirements listed on the
Preliminary Plat Checklist have been met. The Preliminary Plat
Checklist is on file with the City. It shall be a condition to the
acceptance of a preliminary plat application filed .....ith the Clerk that said
plat shall includo tho data required hereunder. The preliminary plat shall
be submiltod in accordance '....ith Subsection B of this section.
1. ldontification And Description:
a. Proposed name of subdivision, which name shall not duplicate
nor be alike in pronunciation to the name of any plat hOFotoforo
FOcorded in the county. (Amonded Ord. 10, 2 15 1972; amd. 2003
Code)
b. Full legal doscription of the land in'Jolvod in tho plat.
c. Names and addresses of the owner and subdivider of tho land,
and the designer and surveyor of the plat. If the subdivider is not
the fee o'A'ner of the land, the subdivider shall submit the written
consent of the fee O'..mer to the filing of the preliminary plat.
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d. Graphic scale of not smaller than one inch to fifty feet (1" - 50').
e. North point, designated as true north.
f. Date of preparation.
g. Certification by Registered Land Surveyor certifying to accuracy
of survey.
2. Existing Conditions:
a. All boundary line surveys, including moasured distan?es and
angles, .....hich shall be tied into the nearost quarter soctlon or
section line by traverse.
b. Total acroage, calculatod to the nearest 0.1 acre.
c. Existing zoning classifications for tract of land in and within three
hundmd feet (300') of the preliminary plat.
d. Location and names of existing or plattod streets and othor
public ways, parks and public open ~paces,.per~a~ent buildings
and structures, easements, and section and mUnicipal boundary
lines within the plat and to a distance of one hundred feet (100')
beyond. (/\mended Ord. 10,2 15 1972)
o. If the preliminarv plat is a rearrangoment or a replat of any
recorded plat, the lot and block arrangement of the original plat, its
original name, and all re...ised or vacated roadways shall be shown
by dotted line. (Amended Ord. 10,2 15 1972; amd. 200d Code)
f. Location and '/Jidth of existing streets (including type of
surfacing), railroads, sanitary se-....ers, water mains, ~torm SO'Ners,
gas, telophone, electric, cable TV, culverts, grades, Invert
olevations and locations of catch basins, manholes and hydrants
and any underground facilities within the plat and to a distance of
ono hundred feet (100') beyond.
. g. Boundary lines of land within one hundred feot (100') of the tract
of land 'Nithin the plat, and the name of the owner themof, bu~ .
including all contiguous land owned or controlled by the subdiVIder
or O'fmer of the tract proposed to 130 platted.
h. Topographic data, including contours at '/ertical intervals of not
more than tI....o foot (2'); except, that where the horizontal contour
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1 interval is one hundred feet (100') or more, a one foot (1 ') vertical
2 interval shall be shown. Watercourses, lakes, marshes, .....ooded
3 areas, rock outcrops, drainage tile, and other significant physical
4 features shall be shown. U.S. geodetic survey datum shall be used
5 for all topographic mapping where available.
6
7 i. .^. copy of the FOstrictive covenants, if any, concerning the
8 property being platted.
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10 j. Soils.
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12 k. Such other data as may be requested by the Engineer.
13
14 3. Design Features:
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16 a. Layout of proposed streets, showing right of way .....idths and
17 proposed names of streets. The name of any street heretofom used
18 in the city or its environs shall not be used, unless the proposed
19 street is an extension of an already named street, in '.vhich event,
20 said name shall be used.
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22 b. Locations and .....idths of pedestrian'J'/ays and utility easements.
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24 c. Profiles of existing and proposed centerline grades of str-oets,
25 storm se':;ers, drainage ditches and culverts; also sanitary se'....ers
26 and water mains .....here required by the platting authority.
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28 d. I\n overall grading/drainageJerosion control plan sho'....ing existing
29 contours at two foot (2') intervals in dashed lines and proposed
30 contours in heavier solid lines. Minimum basement floor ele'/ations
31 of all proposed buildings shall be shown. Maximum slope areas
32 shall be f<>ur to one (-1: 1) or as appro'.<ed by the City Engineer. On
33 urban plats, each lot shall show proposed elevations ::It all lot
34 corners and intermediate proposed ele'/ations along all lot lines or
35 any additional location as deemed necessary by the Engineer and
36 shall be submitted and accepted by the city prior to the issuance of
37 building permits.
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39 e. ^ Tree Protection Plan shall be required showing all information
40 as defined by the Tree Preservation Policy as adopted by the City
41 Council and on file in the City Clerk's office\
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43 f. Layouts of lots and blocks wRh numbers of each, square footage
44 of lots and lot dimensions scaled to the nearest foot.
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, See Title 4, chapter 3 of this code.
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1 g. J\~eas, othor than streets, pedestrianways and utility easements,
2 intended to be dedicated or r-eserved for public use, including the
3 size of sl:lch areas.
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5 h. Minimum front and sido yard building setback lines as required
6 by the zoning ordinance of tho citt~
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8 i. Proposed method of disposing of sl:lrface ,^'3ter drainage within
9 and beyond the limits of the plat.
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11 j. 'Nhone'Jer a portion of a t~act of land is p~oposed for subdividing
12 and said tract is largo enoblgh or is intended for future subdivision,
13 a plan for the futbl~e subdi'lision of the entire tract shall be
14 submitted to the Planning and Zoning Commission. Such futl:lre
15 subdi':ision shall inclblde: proposed lots, road easemonts for cross
16 st~eets, utility easements, and such other data as required for future
17 subdivisions. Vl!hen an individual applies for a building permit on
18 such a lot, he shall sblbmit a scaled site plan sho'....ing tho location of
19 the proposed structuro on the lot so that it '....i11 be located in
20 conformance with tho proposed ~osubdivision str.oet patterns. The
21 home shall be placed so that it will not be in conflict with the
22 proposed stmet pattern of said resubai'lision.
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24 k. The Andover RO'/iew Committee shall fO'/iew all re':isions to the
25 p~eliminary plat. If the revision is significant, it will be forwarded to
26 the Planning and Zoning Commission andior the City Council for
27 re'/ie\\'.
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29 4. /\dditionallnformation To Be Furnished:
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31 a. Statement of proposed uso of lots, i.e., '....hether residential,
32 commeFCial, industrial or combination thereof. If r-esidential, state
33 type and number of d'flolling I:lnits. Furnish sufficient details for all
34 types of usago in order to re'loal the effect of tho subdivision
35 development on traffic, fire protoction and density of popbllation.
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37 b. Source of water supply.
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39 c. Facilities for sewage disposal.
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41 d. If zoning changes are contemplated, the pr{)posed zoning plan
42 for the area.
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44 e. In areas affocted by inadequate surface drainage or subjected to
45 periodic flooding, furnish proposals aesigned to make the a~oa safe
2 See title 12, chapter 5 of this code.
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for occupancy and to provide for adequate street and lot drainage.
f. Floodplain management area boundaries for Coon Croek, Cedar
Creek, and the Rum River.
g. Proposals for street lighting, curb, gutter, sidewalks and
boulevard impro'Joments.
h. Such other information as shall be requested by the Planning
and Zoning Commission or Engineer.
i. II. location map showing the plat location in the city. The location
map shall have an approximate scale between one inch equals one
thousand fivo hundred feet (1" - 1,500') and one inch equals two
thousand feet (1" - 2,000') and shall be of sufficient size to locate
the plat relative to the nearest county road\\'3ys. The loc3tion map
shall show the proposed street layout and the layout of all existing
streets platted or unplatted, within one half (1/2) mile of the
proposed plat. The streets and roadways shall be labeled with their
proposed or existing names. Adjacent platted areas shall be
labeled .....ith their plat name.
j. The preliminary plat shall sho'.... the number of linear road miles
within the plat.
k. The preliminary plat shall sho':: the location of all "area
identification" signs. Conditional Use Permit for area identification
signs shall be applied for in conjunction with the preliminary plat in
accordance '!!ith the zoning ordinance4. (Amended Ord. 10, 2 15
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11-2-3:
FINAL PLAT:
A. Procedure: Prior to Council approval of a final plat, the following
procedures shall be followed:
1. Application: The Final Plat Fee shall be paid at the time of Final
Plat Application. The fee is determined bv the Fee Ordinance
adopted bv the City Council.
2.4Filing of Final Plat: Within one year following approval of the .
preliminary plat, unless an extension of time is requested in writing by the
subdivider and granted by the Council, the subdivider shall file seven (7)
copies of the final plat with the City GIeFk and shall pay a filing fee
, See section 12-15-6 ofthis code.
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therefore as set forth by ordinance2. The final plat shall incorporate all
changes required by the Council, and in all other respects, it shall conform
to the preliminary plat as approved. If the final plat is not filed within one
year following approval of the preliminary plat, the approval of the
preliminary plat shall be considered void.
3. Plat Phasim:l: The final plat may constitute only that portion of the
preliminary plat which the subdivider proposes to record and develop at
that time; provided, that such portion shall conform to. all requirements of
this title, and provided further, that the remaining portions of the
preliminary plat not proposed to be recorded, developed and submitted as
a final plat, or granted an extension, shall be subject to the right of the City
to adopt new or revised platting and subdivision regulations. as Drovided
in Minnesota State Statute 462.358 Subdivision 3c. (Amended Ord. 10,
2-15-1972; amd. 2003 Code)
4 ~. Filing Of Plat And Abstract: At the time of filing the final plat with the
City GIeFk, the subdivider shall also file with the City GIeFk an abstract of
title or registered property abstract, certified to date, evidencing ownership
of the premises involved in the plat.
5. Required Final Plat Data: Final Plat aDDlications shall not be
considered comDlete until the requirements listed on the Final Plat
Checklist have been met. The Final Plat Checklist is on file with the
City.
A. R€lfenals: Ti;!e Clerk si;!all refer 8e~ies 8f ti;!e fiAal ~Iat te ti;!e ~A~iAeer
aA€I si;!all refer ti;!e a8straGt te ti;!e attem€lY fur ti;!eir eKamiAatieA aA€I re~eFt.
4. Re~eFts: Ti;!e ~ efl~ifleer afl€l ~ attemey si;!all s1ol8mit ti;!eir re~eFts
te ti;!e Celolfl8i1 witi;!ifl fifteefl (15) €lays after tRe filiA~ ef ti;!e fiflal ~Iat. Ti;!e
efl~ifleer si;!all state v:i;!eti;!er ti;!e fiflal ~Iat afl€l ti;!e im~revemeflts 8eflferm
te ti;!e efl~ifleerifl~ afl€l €Iesi~fl stafl€lar€ls afl€l s~e8ifi8atiefls ef ti;!e 8i~'. Ti;!e
attemey si;!all state i;!is e~ifliefl as te title ef ti;!e ~remises ifl':el'!@€I.
6. Fees: Ti;!e s1ol8€1i':i€ler si;!all ~ay tRe fees ef ti;!e ~ efl~ifleer afl€l ~
attemey fur tReir se~\'i€)es afl€l re~erts refl€lere€l ifl 8eRfleGtiefl \':iti;! ti;!e fiRal
~
6. Compliance With Law: The final plat shall be prepared in accordance
with all applicable state la'::s afl€l 8elolflty emiflafl8es laws and
reaulations of controllinQ Qovernmental aaencies.
Council Action: The Council shall act on the final plat within sixty (60) days
of the date on which it was filed with the City GIeFk. The final plat shall not
2 See subsection 1-7 -3H of this code.
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be approved if it does not conform to the preliminary plat, including all
changes required by the Council, or does not meet the engineering and
design standards and specifications of the City.
Recording Final Plat: Following approval of the final plat by the Council,
the City GleW; shall promptly notify the subdivider of said approval~
Pursuant to Minnesota State Statute 462.358, the applicant shall
have two years to file the plat with the County Recorder. If the plat
has not been recorded with the County within two vears of City
Council approval, then the City may reauest that the subdivider
resubmit an application and any chanaes in the City's
comprehensive plan or subdivision controls may apply to the plat.
aR€l \'JitRiR tRiFty (30) €lays tRe~after., tRe fiRid ~Iat sRall Be reGeme€l witR
tRe CBYR~' ReGBmer. The subdivider shall forthwith furnish the City GleW;
with a receipt from the County showina evidence of the recordina of
the final plat. The subdivider shall submit a diaital copv of the final
plat to the City Enaineer. a tFilGiR~ aR€l tR~e (J) GB~ies Bf tRe fiRal ~Iat
as ~GBme€l, SRB'f:iR~ e':i€leRGe Bf tRe ~GBr€liR~ BR sai€l GB~ies. Failure of
the subdivider to comply with the requirement of recording shall be cause
for rescission of approval.
R8€lYir8€l FiRal Plat Data: It sRall 1iJ8 a GeR€litieR te tRe a~~reval €If
a fiRal ~Iat tRat tRe fBIIBwiR~ €lata sRall liJe sRe'.':R eFl sai€l ~Iat er
sRall Be 'R.irRisRe€l tRe~':JitR:
1. MYRiGi~al, te'.':RsRi~, GeYRty er seGtieR Ii Res aGGYFiltely tie€l tB tRe
IiJBYFI€laries €If tRe sYliJ€livisieR liJy €listaRG@s em€l aR~les.
2. AGGYFilt@ aR~Ylar aR€lliFleal €lim€msiBFlS fer allliFles, aR~les aR€l
G~r;vat~~s ~se€l te €lesGriliJe IiJB~R€laries, streets, easemeRts, areas
~sef\'e€l fBr ~~liJliG ~se, aR€l BtRer im~BFtaRt feat~~s sRall liJe SRB'f:R.
CBm~lete G~r;ve €lata sRall liJe SRB\'m, iRGI~€liR~ ra€lii, iRterRal aR~les,
~BiRts aR€l GYf\'aty~s, taR~eRt liJeariR~s, aR€lleR~tRs 9f all arGs.
DimeRsiBRs 9f let liRes sRall liJe SRoom iR feet aR€l RYR€lre€ltRs Bf feet. ~JB
€littB 'fJBrl-. sRall liJe ~eFRlitt@€l iR iR€liGatiR~ €limeRsieR. (,^.meR€le€l Om. 10,
215 1972)
&. QffjGial mBRymeRts as €lesi~Rate€l aR€l a€lB~te€l liJy tRe CBYRty SYA.'eYBr
aR€l a~~m':e€l liJy tRe €listriGt GeYR fer yse as jY€liGial meRymeRts sRall liJe
set at 8aGR GBFRer Br aR~le Bf tRe BYtsi€le IiJBYR€lary Bf tRe fiRal ~Iat.
I,.BGatiBR Bf all mBRymeRts sRall 6e SRB\'m. ~.meR€le€l Om. 10,2 15 1972;
am€l. 200J CB€le)
4. Offieial suwe\' marltere: The loeation of all 8uwe'/ marlters shall
be sho't::n on the final plat. Pi~es Br steel m€ls sRall 6e ~laGe€l at eaGR
GBFRer Bf eaGR IBt, aR€l tRe IBGatiBR tRe~Bf sRall 6e SRB'.\'R.
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5. .^,FI ia8F1tifiGati@FI syst8m fer alll@ts aFla BI@GI~s sRall B8 SR@u.'F1.
6. Stre8ts sRall Be Flam8a, aAa all Flames sRall Be sRewFI. A se€ll.l8F1Ge ef
StFl~8t AamiFl!!j sRall B8 felle'J.'ea GeAsisteRt witR tRe patterFl tRat Ras B88F1
8staBlisRea fer the City. iFl tR8 area.
7. IFI tR8 8V8F1t tR8 fiRal plat is a replat ef aFl earlier sl.lBai':isieFl, tRe. eri!!jiFlal
plattiFl!!j ef tAe sl.IBai':isieFl sRall B8 sRe\.'/R aRa iaeFltm8a BY aettea !lFl8S.
s. .Jl.IaiGial aFla G@l.IFlty aitGRes sRall B8 SReVJF1 BY aim8F1si@RS aFla aFl!!jles
as aeteFmiFlea frGm Gel.lRty reGems.
Q. Floodplains and ':fetlsnds le'.\' laFla aFla'::ater areas sRall Be
iFlaiGat8a BY aFl iaElRtifiGatieFl symBel. ~8F1aea Om. 19, 2 15 1972)
19. TR8 maximl.lm Ri!!jR \'lat8r 18\'el as aOOFl8a iFl tAe DepaFtmeFlt ef ~Jatl.lFaI
R8sel.lraes' Statewia8 StaFlaams aFla Criteria fer MaFla!!jemElRt sf
SRerelaFla .I\r€)as ef MiFlFleseta sRall Be sRe'::FI. (AmeFlaea Ora. 19, 2 15
1972; ama. 299~ C@ae)
.1i..11. AlIl.Itility aFla araiFla!!j8 8asemeRts, aFla tRe aimeRsieFls tRereef,
sRall Be sRewFI.
11 12. TAe Flames aFla plattiFl!!j efaEijeiFliR!!j sl.lBaivisieRs sRall B8 SR@!::FI
iA€I iaeRtifiea BY aettealiAes te a aistaAGe ef eAe Rl.IAarea feet (1 9Q') frem
tR8 Bel.lAaaries ef tA8 sl.lBai'JisieA l.IAa8r eeAsiaeratieA. let, BleGk aRa
€I. . . Ba. . . R II B8 sRe"'A '^'R8re
street arraA!!j8m8Ats ef sl.leA a jelAIA!!j Sl.l 1\'ISleAS sa.. ...
aEijaGeAt laAa is l.IFlplattea, it sRall B8 se iAaiGatea.
12. The plat shall be on ft.nolta Count\!' coordinates and Anol(a
Count".' survev datum.
1~. Sefer€) aAY reSia8Rtial plat may Be appre':ea oma Befere aAY p8Fmit
may B8 iSSl.l8a fsr a reSia8Re8 tR8reiR, tAe sl.IBai'/ia8r sRall first preseAt
eempetEmt pmef tRat tRe Ratl.lral Srel.lAa '::ater le':91 at all times iA saia
sl.IBai'fisieR is Aet 18SS tRaA tRr8e ffi8t (3') B8lev: tR8 18'/81 ef tRe le'Nest
peFtieA Qf tRe pmpesea stflslGtl.lre, er tRat a satisfaGte~' syst8m ef !!jml.lAa
'J.1ilt8r GeAtrel \.'Jill B8 eeAstrl.lGt8a as aA iAte!!jral paR Qf tRe prepes8a
r€)Sia8Rtial sl.IBaivisieR. (Am8Aa8a Om. 1 Q, 2 15 1972)
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CHAPTER 3
DESIGN STANDARDS
SECTION:
11-3-1 :
11-3-2:
11-3-3:
11-3-4:
11-3-5:
11-3-6:
11-3-7:
11-3-8:
General Requirements
Street Plan
Streets
Easements
Blocks
Lots
Parks, Playgrounds, Open Space And Public Uses
Trails
11-3-1 :
GENERAL REQUIREMENTS:
A. The Planning and Zoning Commission, in its review of a preliminary plat,
shall determine whether the proposed subdivision is in conformity with the
Comprehensive Plan and shall take into consideration the requirements of
the City and the best use of the land. Particular attention shall be given to
the arrangement, location and widths of streets, drainage and lot sizes
and arrangements.
B. The preliminary plat shall cover all of the owner's contiguous land or any
other property of the owner as deemed necessary by the Planning and
Zoning Commission in consideration of rural and urban differences,the
zoning ordinance and the Comprehensive Plan. TR8 fiRal ~Iat may ee\'8r
eF!ly a ~er;tieF! ef tR8 ~relimiF!ar;y ~Iat, ~fe':i€l8€1 it is iF! eeF!fefmity \VitR tR8
a~~r8...e€l ~relimiF!ar;y ~Iat.
C. Where the parcel of land is subdivided into tracts larger than required for
building lots, such tracts shall be divided so as to allow for the opening of
streets and ultimate extension of adjacent streets.
D. Unplatted portions of land (outlots) or private easements controlling
access to public ways shall not be approved within the plat. (Amended
Ord. 10,2-15-1972)
E. Minnesota Statutes 462.358, Subdivision 2A, authorizes the City to
condition approval of the subdivision of property on the construction and
installation of certain utilities. The intent of this section is to specifically set
out the required improvements that promote and protect the public health,
safety and general welfare. The City reserves the right to require
additional improvements if deemed necessary by circumstances and
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conditions unique to these particular lands. No subdivision of land is
allowed in the area designated on the Comprehensive Plan as "Rural
Reserve" unless storm sewer, sanitary sewer and a municipal water
supply are constructed to serve the area being divided. (Ord. 274, 9-2-
2003)
F. Required Buffer Area From Rural Areas or Neiahborhoods: All
residential developments constructed with municipal sewer and water may
be required to provide buffering from rural neighborhoods outside of the
City's Municipal Urban Service Area (MUSA) except when adjacent areas
outside of the existing MUSA that are planned for future urban
development.
1. Buffer Area Location: Buffer areas shall be located as close to
property lines between proposed urban and existing rural properties
as practicable.
2. Buffer Area Requirements: Buffer areas shall provide a consistent
level of physical separation and/or visual screening to provide a
transition between urban and rural developments. The extent of
the requirements shall be determined by the City Council at the
time that the preliminary plat is reviewed. These requirements shall
be based on the existing and proposed topography and vegetation
within and surrounding the proposed development and may include
one or more of the following:
a. Additional lot width or depth to provide physical separation
b. Tree save areas to provide visual screening
c. Tree planting areas to provide visual screening
d. Relocation of drainage areas to preserve existing trees
and/or area for new trees to be planted.
e. A combination of the above or others as needed to provide a
significant and consistent buffer area.
3.
Exemption: In the event that a significant and consistent buffer is
provided by existing trees, wetlands, floodplain or other topographic
or hydrologic features, the Council may determine that no additional
requirements are necessary. (Amended Ord. 331, 6-6-2006)
11-3-2:
STREET PLAN:
A. Compliance With Comprehensive Plan: The arrangement, character,
extent, width, grade and location of all streets shall conform to the
Comprehensive Plan, the approved standard street specifications, and all
applicable ordinances; and all streets shall be considered in their relation
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to existing and planned streets, to reasonable circulation of traffic, to
topographical convenience and safety, and in their appropriate relation to
the proposed uses of the area to be served.
B. Continuation Of of Existing ARd and Future Streets: The
arrangement of streets in new subdivisions shall make provision for
the continuation of existing and future streets in adjoining areas.
C. Frontage Restrictions: No preliminary plat shall be approved wherein lots
front on the right-of-way of state, county, or city arterial or maior collector
roads. Such lots may front on service roads with entrances to the above or
at intervals as determined by the County or City. €If SiK !;JLlR€lr€€1 sixty
met (660') fer aFteFials aR€I t!;Jr€Gl !;JLlR€lF@€1 t!;Jirt>,,' feet (330') ferG811@gteFS.
(Amended Ord. 10,2-15-1972)
11-3-3:
STREETS:
A. Widths:
1. All right of way and roadway widths shall conform to the following
minimum dimensions:
Typical Roadway
Riqht of Wav Width Back of Curb
Classification to Back of Curb -
Width CLlFG Faee Te CLlFG
-
~
Arterial 120 feet Variable
80-120 feet. as
Collector maior !FJlLlRiei~al determined by Variable
state ai€l the City
Enaineer
Collector - minor 66-100 feet. as
determined by
the City
Enaineer
MiRer ~L1rl;JaR) Local urban 60 feet 32 feet 33 feet
city street
MiRer (rLlFaI) Local rural city 60 feet 24 feet 31 feet
street
Cul-de-sac 120-foot 93 foot diameter
diameter
Service 60 feet 33 feet
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2. Additional right-of-way and street widths may be reauired lREPf
depending upon anticipated traffic volume, planned function of street
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and character of abutting land use.
Horizontal Curve Radius: The minimum horizontal curve radius on minor
streets shall be fifty feet (50') or as required by the City Engineer.
(Amended Ord. 10,2-15-1972)
Grades: Streets grades shall not exceed seven percent (7%) for local
miAeI; and collector streets and four percent (4%) for arterials
t~emW!i)f;tfanils, and in no case shall they be less than one-half percent
(0.5%) on streets with concrete curb and gutter~; er eRe pereeFlt (1%)
SR FAiRer rWFilI eitr st~et seGtisRs. Grades within thirty feet (3D') of street
intersections shall not exceed two percent (2%). (Amended Ord. 10,2-
15-1972; amd. 2003 Code)
Vertical Curves: Different connecting street gradients shall be
connected with vertical curves. Vertical curves shall be designed in
accordance with MNDOT guidelines with a minimum design speed of
thirty (30) miles per hour or as required by the City Engineer.
Street Jogs: Street jogs in local miAeI; and service streets shall have a
centerline offset of not less than one hundred fifty feet (150'). Street jogs
shall be avoided in all other streets.
Local MiRGF Streets: Local MiRGF streets shall be so aligned that
their use by through traffic will be discouraged.
G. Cul-De-Sacs: The maximum length of cul-de-sac streets shall be five
hundred feet (SOD') measured along the centerline from the intersection to
the center of the cul-de-sac area. Each cul-de-sac shall have a terminus of
nearly circular shape, with a minimum right-of-way diameter of one
hundred twenty feet (120.0'), and a minimum roadway diameter of ninety
three feet (93.0') in the urban service area and the rural service area.
Temporary cul-de-sacs shall be required in all new subdivisions to make
provision for the continuation of future streets in adjoining areas when the
length of the street exceeds two hundred ten feet (210.0') from the
centerline of the intersecting streets. Each temporary cul-de-sac shall be
required to have a minimum roadway diameter of eighty feet (80.0') and
constructed with concrete curb and autter. tlitwFAiRSWS ewrtliR!i) as
aefiRea iR t~e eity staRaares. AajaeeRt prsper;ty Property
owners/developers benefiting from the street continuation shall be
responsible for the removal of the temporary cul-de-sac and shall be
required to replace the street in accordance with current city requirements
and standards. The property line at the intersection of the turnaround and
the straight portion of the street shall be rounded at a radius of not less
than twenty feet (20.0').
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Service Streets: In those instances where a subdivision abuts or contains
an existing or planned maior collector or arterial roadway tAElrElElSAfare
or a railroad right-of-way, the City Council Plaru~iR!!l aR€I ZElRiR!!l
CemmissiElR may require a service street approximately parallel to and on
each side of such right-of-way in order to provide protection to residential
properties and to provide separation of through and local traffic. SYGR
serviee streets sAall 6e IEleate€l at a sElita61e €IisteRee frElm tAe
tAElmEl!!lAfere Elr reilrea€l ri!!lAt Elf way iR Elr€ler tEl ~rElvi€le fer ~ark Else Elf tA€l
iRterveRiR!!llaR€I iR resi€leRtial €Iistriets, Elr tEl ~m\'i€le fer eElmmerGial Elr
iR€lElstrial wse Elf tAe iRter;!.'eRiRS laR€I iR eElmmereiel Elr iR€lElstrial €Iistriets.
The requirements of approach grades and future grade separations shall
be considered in establishing the separation distance between said
service streets and the street tAElrElwsf;tfare or railroad right-of-way.
Half Streets: Half streets shall be prohibited except where necessary to
complete the right-of-way of an existing half street.
Reserve Strips: Reserve strips controlling access to streets are prohibited.
Private Streets: Private streets shall not be approved. All proposed streets
shown on the plat shall be offered for dedication as public streets.
Adjoining Property: Street right-of-way shall Ret be planned so as to
provide proper access to eawse Aar€lsAi~ tEl El'NReFS Elf adjoining
property.
23 M. Intersections: The angle formed by the intersection of streets shall not be
24 less than sixty degrees (600), with ninety degree (900) intersections
25 preferred. Intersections of more than four (4) corners are prohibited.
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27 N. Anv driveway access to a street shall be at least AElt less tAaA sixty feet
28 (60') from an intersection as measured from the intersectinQ riQhts-
29 of-way. frElm aA iAteFSeetiElA.
30
31 0 N. Boulevard Sodding 1: In subdivisions where municipal sewer and water
32 are going to be installed, four inches (4") of topsoil and boulevard sodding
33 shall be required. In subdivisions without municipal sewer and water.
34 a minimum of four inches (4") of approved topsoil is reauired on the
35 boulevard. The boulevard shall be sodded or seeded. If seeded.
36 then the seed shall be mulched and disc anchored. HydroseedinQ is
37 approyed in lieu of seed and mulch. SA all 6e s~rea€l, see€le€l, mwleAe€l
38 aA€I €Iise aAeAElre€l.
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40 ~O. Tangent: A tangent of at least one hundred feet (100') in length shall be
, See also sections 9-1-5A, 9-10-3 and 11-4-8 of this code.
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introduced between reverse curves on art rial t!;!er;eug!;!f;a~ and collector
streets, and a tangent of at least fifty feet (50') in length shall be
introduced between reverse curves on all streets except selected minor
streets and lanes.
P. Corners: Rights-of-way ef stre€lt interse&tiens where any two local
city streets intersect shall be rounded by a radius of not less than
twenty feet (20'). Any riahts of way where a city street and a county
road intersect shall be rounded by a radius of not less than thirty
(30) feet.
Q. Celle&ter Streets: ,^.s defined fer this seGtien, €lelle&ter st~ets a~
feeders te t!;!e aRerial r;eads as defined in t!;!e Cempre!;!ensi':e Plan
er generally "'it!;! an ADT 9f ene t!;!eusand (1,000) er g~ater, er a
muni€lipal state aid street fer t!;!e €lit)'. E.l\mended Ord. 10, :2 15 1 Qn)
11-3-4:
EASEMENTS:
A. Utility Easements: Easements at least twenty feet (20') wide or as
determined by the City Enaineer, centered on rear and side lot lines,
shall be provided for utilities where required by the platting authority.
Utility easements shall have continuity of alignment from block to block
and lot to lot. Lots served by municipal services shall have a
minimum 5-foot drainaae and utilitv easements alona the side lot
lines and a minimum 10-foot drainaae and utilitv easements alona
the front and rear lot lines. Lots without municipal services shall
have a minimum 10-foot drainaae and utilitv easements alona all
property lines. I!!asements may 6e ~€Iuired alElng let lines tEl riS!;!t ef
\\'ay se as t@ pre\'ide fer street liS!;!tinS.
B. Drainage Easements: Where a subdivision is traversed by a wetland.
watercourse, drainageway or stream, a drainage easement conforming
substantially with the lines of such watercourse shall be provided, with
further width as shall be adequate for storm water drainage of the
areas. (Amended Ord. 10,2-15-1972)
11-3-5:
BLOCKS:
A. Lengths: The maximum length of blocks shall be one thousand three
hundred twenty feet (1,320'). PedestRian .' Trail ~ easements at
least teA twenty feet ~ (20') wide may be required at the
approximate center of blocks over six hundred sixty feet (660') in
length. Provisions for additional accessways to schools, parks, and
other public grounds may be required.
B. Off Street Areas: Blocks intended for commercial, industrial, or uses other
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than single-family dwellings shall be so designed to provide adequate off
street areas for parking, loading, and such other facilities as shall be
required by the z€lFliFlS €IrGjiFlaFlee €If tl:le eity4, City Code.
C. Width: All blocks shall be so designed to provide for two (2) tiers of lots
unless conditions exist to render this requirement undesirable.
(Amended Ord. 10,2-15-1972)
11-3-6:
LOTS:
A. Minimum Lot Size: The minimum lot area and dimensions shall be
as specified in the respective zoning districts of the eity z€lFliFlS
€IrGjiRaFlee. City Code.
B. Buildability Requirements: All ResiGj€lRtiallots shall have the lowest floor
a minimum of three feet (3') above the seasonal high water mark or eRe
fe€lt (1 ') two feet (2') above the designated or designed 1 DO-year flood
elevation, whichever is higher unless evidence is submitted and certified
by a geotechnical engineer that shall be reviewed and certified by an
independent geotechnical engineer hired by the city at the expense of the
developer and approved by the City Council that a separation of less than
three feet (3') can be achieved and is warranted.
1. Residential Lots Served By Municipal Sanitary Sewer: Lots served by
municipal sanitary sewer shall remove all organic material and replace
with granular material with no more than five percent (5%) organic
material by volume for the front €IRe I:ll.lRGjrgGj feet (1 gg') one hundred ten
(110') of depth of the lot at a minimum width of the lot as required for that
zoning district by the z€lRiRS €IrGjiFlaFle@. City Code.
2. Residential Lots Lacking Municipal Sanitary Sewer: No plats within the
Metropolitan Urban Service Area (MUSA) shall be approved unless
municipal sanitary sewer, municipal water and storm sewer are
constructed to serve the proposed development. All lots lacking municipal
sanitary sewer shall adhere to the following:
a. A building pad shall be created for each lot with a minimum size
of three thousand six hundred (3,600) contiguous square feet. The
building official sha.1I determine that the dimensions of the building
pad are adequate to locate a house in compliance with all
applicable requirements.
b. The building pad shall be required to have a finished grade of at
least six feet (6') above the seasonal high water mark.
, See sections 12-14-10 and 12-14-11 of this code.
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c. All organic material shall be removed from the designated
building pad area and replaced with granular material with no more
than five percent (5%) organic material by volume.
d. There shall be two (2) 5,000-square foot areas designated and
staked for the primary and secondary on site septic drainfield based
on design criteria for a four (4) bedroom home. The designated
drainfield locations as stated above shall comply with IR€livi€lual
Se\':age TreatmeRt StaR€lams Cha~ter 7QSQ City Code Title 10-4
"Individual Sewaae Disposal Svstems" as amended.
e. The location of the primary and secondary sites shall be
indicated on the preliminary grading plan and the design
specifications for the drainfields shall be submitted at the time of
the submittal of the preliminary plat for proposed developments and
at the time of building permit application for new homes.
f. These ~revisieRs shall Ret a~~ly te ~Iats a~~reve€l 9Y the eip'"
~rier te QE>teger 17, 1975.
Location: All lots shall have at least the miRimum re€luire€l freRtage eR a
~u9liely €Ie€lieate€l street at least 50 (fifty) feet of frontaae on a
publiclv dedicated street. Lot widths are a separate reauirement
that is measured at the front yard setback.
Corner Lots: Corner lots shall be platted at least ten feet (10') wider than
interior lots on all lots of less than three hundred feet (300') in width at
the building setback line. Corner lots shall be a minimum of one
hundred feet (100') wide as measured at the building setback line or
ninety feet (90') wide for back to back lots.
Cul-De-Sac Lots: The minimum lot width at the front setback line for cul-
de-sac lots lacking municipal sanitary sewer is one hundred sixty feet
(160'). A maximum of two (2) lots lackina sanitary sewer per cul-de-
sac are allowed to utili:<!:e the re€luee€l let 'f:i€lth be platted.
Butt Lots: The use of butt lots shall be avoided wherever possible.
Watercourses: Lots abutting upon a watercourse, drainageway, or
stream shall have such additional depth or width as may be required to
protect house sites from flooding and shall be subject to restrictions of
the Department of Natural Resources and ~U.S. Armv Corps of
Engineers . the Coon Creek Watershed District. the Lower Rum
River Watershed Manaaement Oraanization. or any other reaulatorv
aaencv.
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A.
H.
Double Frontage Lots: Lots with frontage on two (2) parallel streets shall
not be permitted except where lots back on maior collectors. arterial
streets or highways. Double frontage lots shall have an additional depth
for screen planting along the rear lot line of ten feet (10') as reaulated
bv City Code Title 12-13-5.
Access To Tl:u~rew~hfares Arterials or Maior Collectors: In those
instances where a plat is adjacent to a limited access hi~h'..:ay er
ether majer hi~hY:ay er therew~Rfare arterial or maior collector. no
direct vehicular access shall be permitted from individual lots to such
hi~h\\'ays roadways unless no access can be provided bv other
means.
J.
Natural Features: In the subdividing of land, regard shall be shown for all
natural features, including tree growth, watercourses, historic places and
similar amenities of the area which, if preserved, will add attractiveness
and stability to the area.
K.
Lot Remnants: Lot remnants which are below the minimum lot area or
dimension must be added to adjacent or surrounding lots rather than
be allowed to remain as an unusable outlot or parcel.
L.
Resubdivision: The preliminary plat shall show a feasible plan for future
resubdivision by which lots may be resubdivided to meet the size and
dimension standards of lots in areas served by municipal sewer where
the city deems it necessary in those areas that can be served in the
future.
M.
Wetland I Stormwater Pond Buffer: Pursuant to Title 13, Chapter 6 of this
code a one rod (16.5 feet or 5 meters) wide area abutting a wetland and/or
stormwater pond that shall be left undisturbed or in its natural condition
during the development, building and landscaping phases. The buffer strip
shall not be included within the preceding eRe hWR€lre€l feet (1 gg') one
hundred ten (110') buildability requirement. (Ord. 273, 9-2-2003)
11-3-7:
PARKS, PLAYGROUNDS, OPEN SPACE AND PUBLIC USES'
Waiting
for legal
oprmon
here.
Lands For Public Use Required: Pursuant to Minnesota Statutes Section
462.358, as amended, the City Council of the City of Andover shall require
all owners or developers, as a prerequisite to approval of a plat,
subdivision or development of land, to convey to the City or dedicate to
the public use for park or playground purposes, a reasonable portion of
the area being platted, subdivided or developed as hereinafter specified.
Said portion to be approved and acceptable to the City, or in lieu thereof,
the owners or developers shall, at the option of the City, pay to the City for
the use in the acquisition of public parks, open space and playgrounds,
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12 B.
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development of existing public park and playground sites, and debt
retirement in connection with land previously required for public parks and
playgrounds. Any park cash contributions based on market value for
commercial/industrial zoned property is to be determined as identified in
Subsection C of this section are to be calculated and established based
on the land value at the time of final plat. Any park cash contributions for
residential zoned property are to be determined as identified in Subsection
C of this section. The form of contribution (cash or land) shall be decided
by the City based upon need and conformance with the approved City
Park Comprehensive Plans.
Dedicated Lands:
1. Requirements: Any land to be dedicated as a requirement of this
section shall be reasonably adaptable for use for active park and
recreation purposes and shall be at a location convenient to the people to
be served. Factors used in evaluating the adequacy of proposed park
and recreation areas shall include size, shape, topography, geology, tree
cover, access and location.
Also land dedication shall be selected based on the parkland need defined
by the Andover Park System Plan. Active parkland areas shall be
exclusive of wetlands, slopes exceeding twelve percent (12%), ponding
areas, or other features unsuitable for active park development. The City
may accept natural open space or passive park containing unique natural
environmental features as part of the parkland dedication. Selection of
park land for dedication shall be at the discretion of the City Council,
based on the policies and recommendations of the Comprehensive Plan
and the Comprehensive Park System Plan. The Council may vary from
these requirements if a development demonstrates unique attributes
sufficient for parks and open space included in the development.
2. Maximum Area of Dedicated Land: Developers of land within the
City of Andover shall be required to dedicate 10% of land to the city
for park. or open space and playaround purposes.
· (The above paraQraph will need to be discussed with Council as it
involves a policy issue.)
2. StaRaams Fer DetelmiRatieR: T!;!e PaR< aRa ReGreatieR CemmissieR
s!;!all reGemmElRa te t!;!e City CelolRGil aae~tieR ef t!;!e Cem~FE~!;!eRsive Park
De':ele~meRt PlaR fer aetelmiRiR~ v:!;!at ~eFtieR ef €laG!;! SlolG!;! aevele~meRt
s!;!ewla reaseRably be reqwirea te be se GeR\:eyea er aeaiGatea. SloIG!;!
Cem~re!;!eRsi\'e Park Devele~mElRt PlaR may take iRte GeRsiaeFatieR t!;!e
zeRiR~ GlassiffGatieR assi~Rea te t!;!e laRa te be ae'lele~ea, t!;!e ~aFtiGwlar
~r@~esea wse fer SWG!;! laRa, ameRities te be ~F(riaea aRa fasters ef
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€16msity aA€l site €le':eI8~meAt as ~rG~8se€l by tl;)e 8'NAers lOr €le\.'eI8~ers.
TRe Park aA€l RelOrGati8A C8mmissi8A sl;)all Rutl;)er rGlO8mmeA€l lOl;)aAges
aA€l amefl€lmeAts t8 tl;)e C8m~rGl;)eflsi\'e Park ge':eI8~meAt PlaA t@ rGflelOl:
lORaAges iA tRe ysage €If liiA€l v:RilOR may 8lOlOYF, lOl;)aAges iA 2:8f1iflg
lOlassifilOati8As aA€l lO8AlOe~ts iifl€l lORiiRges ifl ~laRAiAg aR€l €le'Jel8~meRt
lO8AlOe~ts tRat rGlate t8 tRe €le':eI8~meRt aA€l ysages t8 '.vRilOR tRe laA€l may
be ~yt.
A. Park AR€l RelOrGati8R C8mmissi8R RelO8mmeR€lati@A: TRe Park afl€l
RelOrGati8A C8mmissi8A sRiill, iA ealOR lOase, relO8mmeA€l t8 tRe City
C@YAlOil tAe t@tal arGa aA€ll8lOiiti8A €If SYlOR laR€l tAat tAe C8mmissi8A reels
SR8yl€l be S8 lO8Aveye€l lOr €le€lilOiiw€l \':itAiA tile €le':el@~meRt f8r ~ark,
~laygrGYR€l, @~eA s~alOe aA€l ~YblilO yse ~Y~8ses.
Cash Contribution In Lieu Of Lands:
1. Amount Determined:
a. Ifl tl;)8se iRstaAlOes '!:l;)erG a lOasA lOEmtribyti8R is t8 be ma€le by
tAe 8'!!flerS @r €le'Jel@l'lers ifl liey @f a lO@R\'eyt;lRlOe lOr €le€lilOati8A €If
lafl€l fer ~ark, I'llaygr8YA€l, 8~efl s~alOe lOr ~YblilO yse ~Y~8SElS, tAEl
Park aA€l RelOrGati8A C8mmissi8A SA all relO8mmeR€l t8 tile City
C8YAlOil tAe am8YAt €If lOaSA sai€l C8mmissi8A feels SA8yl€l be S8
lO8Rtribyw€l. SYGA FeG@mmeR€lati@R sllall bEl base€l @fl tAe market
'lalye €If tAe Yfl€le'Jel@l'le€llafl€l tAat 'N8yl€l @tAenvisEl AaVEl beElR
lO8A\'eye€l @r €le€liGate€l.
~ D. In lieu of land dedication, the City may require from the
developer or owner a cash contribution which is based on a fee per
lot/unit basis for the development of residentially zoned property. In
the case of the development of commercial/industrial zoned
property, the City may require a cash contribution from the
developer or owner which is based on a maximum of ten percent
(10%) of the market value of the land. These fees 1 are established
and adopted by the City Council and are effective for any plat that
has not received preliminary plat approval after the date of
publication of this title. The fees would also apply to plats that have
received preliminary plat approval, but have not received final plat
approval by the City Council,,- '::itAiR tl...:elve (12) m8AtAs €If tAe
~yblilOati8R €late €If tAis title. If an extension is requested of the
preliminary plat beyond the twelve (12) months, the fee that is in
effect at the time of the extension is the fee that is to be
contributed. Park cash contributions are to be paid to the city prior
to the recording of the final plat at the county. The City Council may
require the payment at a later time under terms agreed upon in the
, See subsection 1-7 -3G of this code.
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development agreement. Delayed payment may include interest at
a rate set by the city.
h.e. If the applicant or developer does not believe that the
estimates fees contained in the city fee schedule (pursuant to this
park dedication analysis) fairly and accurately represent the effect
of the subdivision on the park or trail system of the city, the
applicant or developer may request that the city prepare an in-
depth study of the effect of the subdivision on the park and trail
system and an estimate of that effect in money and/or land. All
costs of said study shall be borne by the developer or applicant. If
the developer or applicant requests the preparation of such a study,
a plat application may proceed as if the fee had been paid.
pendina a decision on the appeal of dispute over the proposed
fee in lieu of dedication if:
1. The applicant puts the City on written notice of the
proposed fee in lieu of dedication.
2. Prior to the City's final decision on the application. the fee
in lieu of dedication is deposited in escrow. and
3. The applicant appeals under Minnesota State Statute
462.361 within 60 days of approval of the application.
If such appeal is not filed bv the deadline. or the applicant
does not prevail on the appeal. then the funds paid into the
escrow must be transferred to the City. Ae a~~lieatieA mr
€levele~meAt sldemitte€l sRall ee €leeme€l esm~lete IdAti! tRe stld€ly
l:Ias eeeA esm~lete€l aA€I a €leteFmiAatisA is ma€le as te tl:le
a~~rG~riate ameldAt €If laA€I er meAey Fleeessa~ te effset tl:le eff€lGts
€If tl:l8 slde€livisieA.
~Q. If a combination of cash and land dedication is required, the
cash contribution to the city would be determined as follows for
residential zoned property:
Step 1 : Total acreage of plat multiplied by ten percent (10%)
(minimum required land dedication) yields the required land to be
dedicated.
Ste~ 2: JI.Gtldal aeres €If ~aFk te ee €le€lieate€l €livi€le€l ey tl:le re€Jldire€l
laA€I ts ee €le€lieate€l yiel€ls tl:le ~erGeFlt €If laA€I tl:lat midst ee
€le€lieate€l.
Step a~: "Total park dedication fee" will be determined by
establishing the ultimate number of residential lots that can be
achieved eeiAg €le€lieate€l ~if no park land was dedicated ~
36
1 multiplied by the park dedication fee per unit as Der th f e
2 sch dule.
3
4 Step =4=~: Divide the "total park dedication fee" from SteD 2 by the
5 required land to be dedicated from SteD 1. This yields the "fee per
6 acre'.'.
7
8 Step ~~: Multiply the ''fee per acre" from SteD 3 by the acres of
9 park to be dedicated. which is to include one half (1/2) of the
10 street riaht-of-way adiacent to the Dark. The land must be
11 exclusive of wetlands. sloDes exceedina 12%. Dondina areas.
12 or other features unsuitable for Dark land. This yields the dollar
13 value of credit for land BeiAS €le€liGate€l and for the riaht-of-way
14 beina dedicated.
15
16 Step i~: "Tela I fee" The "total Dark dedication fee" from SteD 2
17 minus the dollar value of credit for land and riaht-of-way being
18 dedicated from SteD 5 yields the dollar amount and/or balance due
19 in park dedication fee.
20
21 SteD 6: Credit will be aiven towards the Dark dedication fee
22 that is reauired for areas within the Dark that were reauired to
23 be imDroved by the City and aareed to by the develoDer or
24 owner. Those imDrovements may include aradina of the Dark.
25 which must be araded a minimum of two feet above the 100-
26 year flood elevation or three feet above mottled soil or hiahest
27 anticiDated water level. whichever is hiaher. ImDrovements
28 may also include. but are not limited to.installation of
29 Dlayaround eauiDment. installation of individual sanitarv
30 sewer and water service (not the main lateral lines). and any
31 other item that would relate to develoDment of the Dark.
32
33 2. Market Value Of Lands: "Market value", for the purposes of calculating
34 the commercial/industrial park dedication fee as required by this title shall
35 be determined as of the time of the final plat approval without
36 improvements in accordance with the following:
37
38 a. The Park and Recreation Commission and owners or developers
39 may recommend to the City Council the market value. The City
40 Council, after reviewing the Park and Recreation Commission's
41 recommendation, may agree with the owner or the developer as to
42 market value. or
43
44 b. The owner or the developer may select frGm a list, eAe 9f tRree
45 ~ an accredited appraisers that has been approved by the city to
46 establish the market value. The appraisal shall be at the expense of
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the owner or the dev loper. Such appraisal shall be accepted by
the City Council and the owner or developer as being an accurate
appraisal of "market value".
D.
DSRsit)' f.R€! OpeR ~pa@e Re~liiremeRts: baR€! area se @eR'/eye€! er
€!e€!i@ate€! fer park, epeR spaoo aR€! playsre~m€! plir;peses may Ret ee liSS€!
ey aA e':JRer er €!e\.'eleper as aA alle'.':aAee fer €!e\.'elepmeAt as set elit iA
t!:le sit)' 2eAiRS er€liAaR@e. T!:lB laA€! s!:lall ee iA a€!€!itieR te, (ex@ept fer
~liesestieA m ef tAis sestieR), aRs Rm iR Iieli ef, epeR spa@e re~liiremsRts
fer PlaARes WAit De'/slepmeAts plifSliaRt te Title 1 J, C!:lapter J 9f tAis
0000,.
E.
Credit For Private Open Space: Where private open space for park and
recreation purposes is provided in a proposed development and such
space is to be privately owned and maintained by the owner of that
development, such areas may be used for credit at the discretion of the
City Council against the requirement of dedication for park and recreation
purposes, provided the City Council finds it is in the public interest to do so
and that the following standards are met:
Council
Policy
Issue
1. That yards, court areas, setbacks and open space required to be
maintained by city ordinances shall not be included in the
computation of such private open space;
2. An Association will be reauired to ensure that the private
ownership and maintenance of the open space is adequately
provided for.;.. ey writteA asreemeRt;
3. That the private open space is restricted for park and recreation
purposes by recorded covenants which run with the land in favor of
the owners of the property within the development and which
cannot be eliminated without the consent of the City Council;
4. That the proposed private open space is reasonably adaptable
for use for park and recreational purposes, taking into consideration
such factors as size, shape, topography, geology, access and
location of the private open space;
5. That facilities proposed for the open space are in substantial
accordance with the provisions of the recreational element of the
Comprehensive Plan, and are approved by the City Council; and
- o. T!:lat 'N!:lere s",@!:l @resit is sraAtes, t!:le ame"'Rt ef @resit s!:lall Ret
eKeee€! eRe !:lliA€!res per@sAt (100%) fer t!:le se\'elepmeAt 9f t!:le
ame"'At @al@",lates "'Aser S",esestieR J;' ef t!:lis sestieR.
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F". MiRimum J\rea Of Qe€ii15ate€i b.aR€i: ge':ele~erG ef laR€i '.vithiR the 15ity 8f
AR€is'Jer shall Be re€Juire€i ts €ie€iieate ts the eity fer ~aFk, s~eR s~a15e
aR€i ~laY!!lFSuR€i ~u~eses as a miRimum that ~ereeRta!!le ef !!Iress laR€i
area as set sut Belsw:
ReauiFemeRt
Resi€ieRtial
1 g ~er15eRt
Csmmersial IR€iustrial
1 Q ~er15eRt
G. Metes And Bounds Lot Splits: The PaR< aR€i Re8r€atisR CsmmissisR
may r€8smmeR€i €lash ~aymeRt iR lieu ef ~aR< laR€i eR metes elR€i
BeuR€is let s~lits less thaR tweRty (2Q) a15FeS iR sille. The ~aymeRt
ameuRt shall Be €ietermiRe€i tRmu!!lh the same ~re8ess eutliRe€i iR
SUBseGtisR C sf this seGtisR. The Park and Recreation Commission
may recommend to the City Council a cash payment in lieu of park
land on metes and bounds lot splits less than twenty (20) acres in
size. Where a cash contribution is reauired. the owner will be
reauested to contribute on a fee per lot or fee per unit as reauired
bv City Code 1-7-4 for the lot that is beina split. The City will have
the riaht to reauire park dedication for any future subdivision of the
property. Credit shall be Qiven for previouslv paid park dedication.
Check
Legal
Opinion
Fl. .^.€imiRistFative PFS15e€iures: The PaF\( aR€i Re15r€atisR CsmmissisR
shall estaBlish sU8h a€imiRistFati'Je ~rs15e€iur€s as they may €ieem
R88essal)' aR€i re€Juire€i te im~lemeRt the ~re' 'isisRS sf this title. (Ord.
1 gFlFl, 5 e 2gQ3)
11-3-8:
TRAILS:
Cash Contribution for Trails: The City shall have the authority to
reauire a trail fee that will be charaed at the time of subdivision. The
fee shall be established annuallv with the City Fee Ordinance and is
separate and distinct from the park dedication fee. The fee's intent is
to fund reQional trails as shown in the Comprehensive Plan.
39
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SECTION:
11-4-1 :
11-4-2:
11-4-3:
11-4-4:
11-4-5:
11-4-6:
11-4-7:
11-4-8:
11-4-9:
11-4-10:
11-4-11:
11-4-12:
11-4-13:
11-4-14:
11-4-15
11-4-16:
11-4-1: .
CHAPTER 4
REQUIRED IMPROVEMENTS
General Conditions
Development Contract
Financial Security
Construction Plans
Inspections
Preexisting Improvements
Completed Improvements Documented
Street Improvement Standards
Drainage Facilities
Subsurface Conditions
Water And Sewer Systems
Sidewalks And Pedestrianways
Public Utilities
Dead and I or Diseased Trees
NonconforminQ Provisions
Official survey markers
GENERAL CONDITIONS:
1J~8R F@Gei~t 8f ~FeIiFRiRap)' ~Iat a~~r8':al BY tl;)e C8ldRGil aR€l ~Fi8r t8 C8ldRGiI
a~~F@'Jal 8f the ~Ral ~Iat, the s"'B€li'/i€ler shall FRal~e ~r8...isi8R, iR the FRaRRer
heFeiRafter set f~Fth, fer the iRstallati8R, at the s81e e)(~elRse 8f the sldB€li':i€ler, 8f
sld€lh iFR~FO\'eFReRts as shall Be re€l",ire€l BY the €lit}', '.vhi€lh iFR~FO':eFReAts FRay
iA€llld€le, tlldt aFe A8t liFRite€l t8, stFeets, si€le'.valks, ~ldBIi€l '!.'ater systeFRs, saAital)'
se':fer systeFRs, SldRa€le aR€l st@FFR €lF6liAa!J8 systeFRs, aA€l ~ldBli€lldtilit)' sePfi€les.
The iAstallati8A 8f sai€l iFR~re\'eFReAts shall BEl iA €l8Af8FFRity ':/ith a~~F8'Je€l
GeRstrldGtieR ~laAs aA€l s~eGifiGatieRS aA€l all a~~liGaBle staA€lams aR€l
er€liRaRG@s. (.^.meA€le€l Om. 1Q, :2 Hi 1972)
UDon receiDt of Dreliminary Dlat aDDroval bv the Council and Drior to
Council aDDroval of the final Dlat. the subdivider shall make Drovision. in
the manner hereinafter set forth. for the installation of all imDrovements
reauired bv the City. The imDrovements may include. but are not limited to.
streets. sidewalks I trails. Dublic water systems. sanitary sewer systems.
surface and stonn drainaae systems. and Dublic utility services. The
imDrov ments shall be at th sole XD nse of th subdivider. with the
40
1 xcepti n of Trunk Sanitary S w r. Trunk Water Main. and R aional Trail
2 Improv ments. The installation of said improv m nts shall b in
3 conformity with approved construction plans and specifications and all
4 applicable standards and ordinances. Such improvements can be installed
5 publiclv or privatelv as identified in the City's Development Guidelines for
6 Infrastructure Improvements.
7
8 11-4-2: DEVELOPMENT CONTRACT: Prior to the installation of any
9 required improvements and prior to approval release of the final plat for
10 recordina, the subdivider shall enter into a contract with the city to construct said
11 improvements at the sole expense of the subdivider. with exception to Trunk
12 Sanitary Sewer. Trunk Water Main. and Reaional Trail improvements and in
13 accordance with approved construction plans and specifications and all
14 applicable standards and ordinances. Said contract shall provide for the
15 supervision of construction by the Engineer, and said contract shall require that
16 the city be reimbursed for all costs incurred by the city for engineering and legal
17 fees and other expenses in connection with the making of such improvements.
18 The performance of said contract shall be financially secured by a cash escrow
19 deposit or irrevocable letter of credit as hereinafter set forth. (Ord. 10FF, 8-5-
20 2002)
21
22 11-4-3: FINANCIAL SECURITY: The development contract shall require
23 the subdivider to make a cash escrow deposit or, in lieu thereof, to furnish a letter
24 of credit in the following amounts and upon the following conditions:
25
26 A. . Escrow Deposit and I or Letter of Credit: The subdivider shall deposit .
27 with the Finance Director/Treasurer a cash amount as required by the
28 city development contract with the total cost of ~ improvements as
29 estimated by the Engineer and I or identified in the contract. In lieu
30 of a cash escrow deposit. the subdivider mav furnish an
31 irrevocable letter of credit with a bankina institution acceptable to
32 the City. The amount shall include iRGh.raiR!!j the estimated expenses
33 of the city for engineering and legal fees and other expenses incurred
34 by the city in connection with the making of such improvements.
35
36 ~. letter Of Creait: IR liel;l 8f a Gasl;l eSGr8'.': aep8sit, tl;le sI;Ilaaiviaer may
37 Nmisl;l aR irre'/8Galale letter 8f Greait, "~I;l a G8rpeFate sI;Irety as re€Jl;lirea
38 lay tl;le Git)' ae':el8pmeRt G8RtFaGt \\'itl;l tl;le t8tal G8St 8f SI;IGI;l impr8vemeRts
39 as estimatea lay tl;le eR!!jiReer, iRGIl;laiR!!j tl;le estimatea expeRse 8f tl;le Gity
40 fer eR!!jiReeriR!!j aRa le!!jal fees aRa 8tl;ler e)(peRSeS iRGl;lrrea lay tl;le Git)' iR
41 G8RReGti8R v:itl;l tl;le makiR!!j 8f SI;IGI;l improvememts.
42
43 B. G Conditions: The development contract shall provide for a completion date
44 on which all of the required improvements shall be fully installed,
45 completed and accepted by the city. The completion date shall be
46 determined lay tl;le C81;1RGiI after G8Rsl;lltati8R '.'!itR ~the engineer and the
41
1 subdivider, and shall be reasonable in relation to the construction to be
2 performed, the seasons of the year and proper correlation with
3 construction activities in the subdivision. The development contract shall
4 provide that in the event the required improvements are not completed
5 within the time allotted, the city shall be allowed to exercise its power to
6 reesver SA tl:le redeem the letter of credit or utilize the cash escrow
7 deposit to complete the remaining construction to city standards and
8 specifications. In the event the amount of funds recovered is insufficient to
9 cover the cost of construction, the Council may assess the remaining cost
10 to the lands within the subdivision. (Ord. 10FF, 8-5-2002)
11
12 11-4-4: CONSTRUCTION PLANS: Preliminary construction plans and
13 specifications for the required improvements conforming in all respects with the
14 standards and ordinances of the city shall be prepared at the expense of the
15 subdivider by a reaistered professional engineer licensed re~istered by the
16 state. In urban areas. final construction plans and specifications will be
17 prepared bv the City Enaineer at the expense of the subdivider and shall
18 follow the Development Guidelines for Infrastructure Improvements. Such
19 plans and specifications shall become a part of the peOOFmaAee development
20 contract. T':JS (2) priAts sf sai€l plaAs aAd speeifieatisAs sl:lall be filed '.\'itl:l tl:le
21 Clerk. (Amended Ord. 10,2-15-1972)
22
23 11-4-5: INSPECTIONS: All required improvements shall be inspected
24 during the course of construction by the Engineer or their representative, and
25 acceptance of said improvements by the city shall require the prior written
26 certification by the Engineer that said improvements have been constructed in
27 compliance with the plans and specifications. (Amended Ord. 10,2-15-1972)
28
29 11-4-6: PREEXISTINC COMPLETED IMPROVEMENTS: Improvements
30 which have been completed prior to application for final plat approval or
31 execution of the performance contract shall be accepted as equivalent
32 improvements, provided the Engineer shall certify in writing that said
33 improvements conform to city standards. (Amended Ord. 10,2-15-1972)
34
35 11-4-7: COMPLETED IMPROVEMENTS DOCUMENTED: Upon
36 completion of installation of all required improvements in a rural development,
37 the subdivider shall file with the GIeFk City Engineer one mvlar drawina. one
38 paper drawing. and one digital COpy of plans a repre€ll,leible tFaeiA~ aAd 11"s
39 (2) espies sf plaAs and specifications showing all improvements as finally
40 constructed and installed. If the completed improvements were constructed
41 as an urban development. the City will prepare the final copies of plans and
42 specifications as finallv constructed and installed at the expense of the
43 owner or developer. (Amended Ord. 10,2-15-1972)
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11-4-8:
STREET IMPROVEMENT STANDARDS:
A. With Municipal Sanitary Sewer And/Or Water:
1. Grading: The full width of the right of way of each street shall be
graded, including the sub-grade of the areas to be paved, in accordance
with the standards and specifications which have been a€!@~te€! ~y
. res@l~ti@R @f tAB City C@~Rsil. approved bv the City Council.
2. Paving: All streets shall be paved with concrete or bituminous surfacing
in accordance with the standards and specifications that have been
a€!@~te€! ~y r€s@l~ti@R @f tAe approved bv the City Council.
3. S@€!€!iR!1l4- Erosion Control: The portion of tAEl street ri!1ll:;lt @f \flay
~eY@R€! tl:;le ~a':@€! s~FfasB the riaht-of-wav between the street and the
property line shall receive a minimum of four inches (4") of approved
topsoil and shall be sodded or a cash escrow provided prior to issuance of
a certificate of occupancy by the city.
4. Curb And Gutter: Concrete curb and gutter shall be installed on both
sides of the paved surface of all streets~ e)(se~t laRes.
5. Private Driveways: All private driveways providing access to public
rights-of-way shall be hard surfaced and, if serving two (2) adjoining lots
abutting the public right-of-way, shall be of a width designated by the city.
6. Street Signs: A street si!1lRS @f a €!esi!1lR sian plan will be desianed
and approved by the city as per the Minnesota Manual on Uniform
Traffic Control Devices. sl:;lall ~e iFlstalle€! at easl:;l str€et iFltefSeGti@F1.
7. Screening: Screen planting shall be as required by tl:;le ~lattiR!1l a~tl:;l@rity
City Code Title 12-14-5.
8. Street Liahts: The subdivider shall be responsible for the
installation of liahts as identified in the Development Aareement.
B. Without Municipal Sanitary Sewer And/Or Water:
1. Grading: The full width of the right-of-way of each street shall be
graded, including the sub-grade, in accordance with the standards and
specifications which have been a€!@~te€! ~y r€s@l~ti@F1 @f approved bv the
City Council.
2. R@a€! S~Ffases: Tem~@fary r@a€! s~FfasBs aR€! €!~st seat sl:;lall ~B as
~Rg.::fl iR sitr stanBards.
, See also sections 9-1-5,9-10-3 and 11-3-3N of this code.
43
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2. PavinQ: All str ts shall be pav d with concrete or bituminous
surfacina in accordanc with the standards and specifications that
have been approved bv th City Council.
3. S8~~iAS Or S88~iAS Erosion Control1: T8pS8il aA~ S8~ 8r s8e~iAS
€l8ASistiAS €If The portion of the riaht-of-wav between the street and
the property line shall receive a minimum of four inches (4") of
approved topsoil and shall be sodded or seeded with the appropriate
seed mixture and application rate...ilOO mulched. and the mulch =QAQ disc
anchored as required in the city standards.
4~ Driveways: Driveways shall be hard surfaced from the street to the
property line.
5. Street Signs: A street signs R!!n..8f a ~8siSA a~~rev8~ 8Y tR8 €lity sRall
88 iAstall8~ at 8a€lR stre8t iAt8FS88ti8A will be desiQned and approved
bv the City as per the Minnesota Manual on Uniform Traffic Control
Devices.
6. Screening: Screen planting shall be as required by tR8 plattiAS
a\;ltR8Fity City Code Title 12-14-5.
7. Street Liahts: The subdivider shall be reauired to install stre t
liahts as identified in the Development Aareement.
C. Reauired Intersection Improvements on City or County Roads:
1. The subdivider shall be reauired to pav a proportionate share of all
costs associated with reauired intersection improvements alonQ
County roads and City streets when new developments triQQer the
need for uparades (i.e. riaht and left turn lanes. bypass lanes. and
deceleration lanes). The subdivider shall make the reauired
improvements as a part of the street improvements for the new
development as identified in the preliminary plat approval. The City
Council may elect to construct such imDrovements as an
assessment Droject in which the subdivider shall acceDt an
assessment for a DroDortionate share of the imDrovements as
identified in the Dreliminary Dlat aDDroval.
D. Phased Construction Reauirements: To enable adjacent DroDerties
to develoD in a timelv manner. the City shall have the riaht to reauire as a
Dart of the final Dlat of any Dhase the dedication of aDDropriate easements
and I or riaht of way and extension of streets and I or utilities throuQh
future Dhases to such an extent as to assure that the extension of utilities
to adjacent DroDerties will be completed with the first phase.
, See also sections 9-1-5, 9-10-3 and 11-3-3N of this code.
44
1
2 11-4-9: DRAINAGE FACILITIES: Storm sewers, culverts and water
3 drainage facilities shall be required when, in the opinion of the Engineer, such
4 facilities are necessary to ensure adequate drainage for the area. All such
5 drainage facilities shall be constructed in accordance with staRelan:ls aReI
6 speeifieatiaRs establisl:le€lby tl::le eity the City of Andover's Water Resource
7 Manaaement Plan and I or the Coon Creek Watershed District or Lower
8 Rum River Watershed Manaaement Oraanizations' Dlans. Drainage facilities
9 shall be provided to convey surface water to publicly owned or controlled
10 drainage facilities. (Amended Ord. 10,2-15-1972)
11
12 11-4-10: SUBSURfACE CONDITIONE
13 GEOTECHNICAL REPORT: TI:le sl,lb€li\'i€ler sl:lall eal,lse tests tEl be FRaele Elf
14 sl,lbsl,lRaee eElRelitisRs tEl €leteHRiRe tl::le Ratl,lfe aReI exteFlt sf sl,Ibsl,lrfaee sail, reek
15 elReI water.. Tl:le IEleatiElR aReI fesl,llts Elf saiel tests sl::lallbe FRaele available tEl tl::le
16 €lily. (./\FReReleel Om. 19,2 15 H~n) The subdivider shall submit a standard
17 aeotechnical reDort with a history and recommendations reaardina the sit.
18 In addition. the reDort shall include SCS soil tyDes. mottled soil elevations
19 or hiahest anticiDated water table. existina aroundwater elevation. and soil
20 borinasto a minimum deDth of 20 feet.
21
22 11-4-11 : WATER AND SEWER SYSTEMS: Where connection with the city
23 water and sanitary sewer system is deemed feasible by the Council, the
24 subdivider shall be required to install water and sanitary sewer mains and
25 services in the subdivision in addition to permanent streets at the sole eXDense
26 of the subdivider with exceDtion to Trunk Sanitary Sewer and Water Main
27 imDrovements as identified in the City's Assessment Manual. The Trunk
28 costs will be reviewed bv the City Der the City's DeveloDment Guidelines
29 for Infrastructure ImDrovements. (Amended Ord. 10,2-15-1972)
30
31 11-4-12: SIDEWALKS AND TRAILS: Where sidewalks and trails
32 pe€lestriaR'::ays are required by the City Council and Dursuant t;Miilnesota
33 State Statute, they shall be hard surfaced in accordance with city standards.
. 34 Grades shall be approved by the Engineer. Sidewalks shall be placed in the
35 public right-of-way ElRe f.eElt (1 ') ffeFR tl:le prepeFt)' liRe aR€I sl:lallbe at least fi'Je
36 feet (5') 'tJi€le in a location determined bv the City Enaineer and shall be a
37 minimum of five feet (5') wide. Reaional Trail imDrovements are identified
38 in the City's TransDortation Plan. If a trail within a Dlat meets the definition
39 and location of a reaional trail. then the City will fund such imDrovements.
40 If an internal trail is reauired throuah the Dlattina Drocess and does not
41 meet the definition and location of a reaional trail. then the imDrovements
42 shall be at the sole eXDense of the subdivider.
43
44 (Amended Ord. 10,2-15-1972)
45 11-4-13:
PUBLIC AND REGULATED PRIVATE UTILITIES:
45
1 A.
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9
10
11 B.
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13 c.
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Underground Utilities: All telephone, cabl tel vision, electric and gas
service lines shall be placed underground within dedicated public ways or
recorded easements in such manner as not to conflict with other
underground services and in accordance with city standards. All
underground installation of service lines within street rights-of-way shall be
completed as determined bv the City Enaineer Iilfier te street sIHfaeiA~.
lJlileA eemlilletieA ef the iAstallatieA ef I;IA€!ef!lreI;lA€! selViee liAes iA
€!e€!ieate€!1il1;l8Iie ways, a tfaeiA~ aR€! t\.'Je (2} eelilies ef IillaRs em€!
slileeitieatieRs she'JJiR~ the eemlillete€! iRstallatieR shall 8e tile€! 'It.-ith the
Clerk.
Utility Poles: All utility poles, except those providing street lighting, shall be
placed in rear lot line easements.
Easements: All underground utility service lines, including water,
drainage and sanitary sewer systems, which traverse private property
shall be installed within recorded easements. (Amended Ord. 10,2-
. 15-1972)
D. Overhead Utilities: All existina overhead utilities within the plat shall
be buried at the expense of the subdivider.
E. Phased Construction Reauirements: As part of any phase of
development the City shall have the riaht to reauire the dedication of
appropriate easements and the construction of streets and utilities to
the edae of the development throuah future phases. Extension of
streets and utilities will enable adiacent properties to develop in a
timelv manner.
11-4-14: DEAD AND / OR DISEASED TREES: Dead and / or diseased
trees shall be reauired to be treated and/or removed as per City Code Title
4-3 and as identified in the Development Aareement.
11-444 15: NONCONFORMING PROVISIONS: Nonconformance with the
standards and ordinances of the city in the development of property by the
subdivider or his/her agents shall be cause for the Engineer or the Administrator
to order cessation of all construction within the subdivision. In such event, no
further construction shall be allowed until written authorization is obtained from
the city. (Amended Ord. 10,2-15-1972).
11-4-16: OFFICIAL SURVEY MARKERS: Official survey markers or iron
monuments shall be placed at the corner of each lot. The locations of each
shall be shown on the final plat.Pililes er steel re€!s shall 8e Iillaee€! at eaGh
eerR8r 9f eaeh let, aR€! the leeatieR th8reef shall 88 she"'R.
46
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
FINAL PLAT APPLICATION AND CHECKLIST
Name of Development:
Date of Submittal:
Street Location of Property:
Legal Description of Property:
Is property Abstract _ or Torrens
Note: If legal description is not provided the application is incomplete. If legal
description is longer than a few lines, please snbmit electronically.
Final Plat Application Fee = $150.00 Date Paid:
Receipt:
Property Owner:
Address:
Phone:
Fax:
Signature:
Note: If property owner has not signed the application, the application is
incomplete.
Applicant: Phone:
Contact Person:
Address:
Phone:
. Fax:
Required Final Plat Data: It shall be a condition to the approval of a final
plat that the following data shall be shown on said plat or shall be furnished
therewith:
o Municipal, township, county or section lines accurately tied to the boundaries of
the subdivision by distances and angles.
o Accurate angular and lineal dimensions for all lines, angles and curvatures used to
describe boundaries, streets, easements, areas reserved for public use, and other
important features shall be shown. Complete curve data shall be shown, including
radii, internal angles, points and curvatures, tangent bearings, and lengths of all
arcs. Dimensions oflot lines shall be shown in feet and hundredths offeet. No
ditto work shall be permitted in indicating dimension.
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
SKETCH PLAN APPLICATION
Street Location of Property:
Legal Description of Property:
Note: If the legal is not provided, the application will not be considered to be complete.
Property Owner:
Phone:
Address:
Applicant:
Phone:
Address:
Description of Request:
Rezoning Request Required: YES ( ) NO ( ) Explain:
Sketch Plan fee: $1,000.00 escrow for services and agree to reimburse city for all services
provided.
NOTE: Submittal of this application and fees does not preclude the applicant and/or property
owner from meeting all of the requirements as set out in Ordinance No. 10, the Subdividing and
Platting Ordinance; Ordinance No.8, the Zoning Ordinance; Ordinance No. 214, the "Tree.
Ordinance"; Ordinance No. 107, the Flood Plain Ordinance; Ordinance No. 223, the Scenic River
Ordinance; Ordinance No. 108, the Shoreland Management Ordinance and other such Ordinances
and Policies in place and effect by the City of Andover and any other governmental unit having
jurisdiction thereon.
I hereby acknowledge that I have read the foregoing statement and agree and submit that this
application is complete and accurate.
Fee:
(Signature of Applicant)
Date Paid:
Receipt No.:
(Signature of Property Owner)
REOUIREMENTSFORSKETCHPLANSUBNUTTALPROCEDURES
Note: The following is information that all applicants should read and understand.
Pre-Application Reauirements: Prior to the preparation of a SKETCH PLAN, the subdividers
and/or owners shall meet with the City Planner and City Engineer to review all applicable
ordinances, regulations, and plans in regard to the area proposed to be subdivided. At this
time, or at subsequent informal meetings, the subdivider shall submit a Subdivision Sketch Plan
for formal discussion between the subdivider and the Planning and Zoning Commission. The
Sketch Plan shall be presented in a simple form, and must include:
. The site location.
. A sketch of the site showing its general shape and adjacent roadways, waterways,
forest areas, and any other significant features of the area.
. The relationship ofthe proposed subdivision to existing community facilities that
would serve it; Neighboring subdivisions and developments; Topography of the
site.
. The type of development proposed and any zoning changes which would be
required.
. A preliminary road layout and lot arrangement indicating minimum proposed lot
size.
. Aerial photo (most current) with the sketch plan overlay
2
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
2007 PRELIMINARY PLAT APPLICATION
Preliminary Plat submittals will be evaluatedfor completeness using the Plat Submittal
Checklist. Applicants will be notified within ten business days if an application is complete.
No public hearing will be scheduled until a complete application has been reviewedfor
compliance with applicable regulations.
Street Location of Property:
Legal Description of Property:
Is property Abstract _or Torrens
Note: If legal description is not provided the application is incomplete. If legal description
is longer than a few lines, please submit electronically.
Property Owner:
Address:
Signature:
Note: If property owner has not signed the application, the application is incomplete.
Phone:
Fax:
Applicant:
Contact Person:
Phone:
Phone:
Fax:
Address:
Description of Request:
CONNECTED ACTIONS (if applicable)
Comprehensive Plan Amendment Requested: YES ( ) NO ( )
Explain:
Rezoning Requested: YES ( ) NO ( )
Explain:
Planned Unit Development Review Requested: YES ( ) NO ( )
Explain:
NOTE: Submittal of this application and fees does not preclude the applicant and/or property
owner from meeting all of the requirements as set out in Ordinance No. 10, the Subdivision and
Platting Ordinance; Ordinance No.8, the Zoning Ordinance; Ordinance No. 214, the "Tree
Ordinance"; Ordinance No. 107, the Flood Plain Ordinance; Ordinance No. 223, the Scenic River
Ordinance; Ordinance No. 108, the Shoreland Management Ordinance and other such
Ordinances and Policies in place and effect by the City of Andover and any other governmental
unit having jurisdiction thereon.
REVIEW PROCEDURE
Pre-Application Meetine:: Prior to the preparation of a preliminary plat, the
subdivider(s) and/or owners are encouraged to meet with the City Planner and City
Engineer to review applicable ordinances, regulations, and plans in regard to the area
proposed to be subdivided. The subdivider(s) and/or owners are encouraged to bring any
concept drawings that have been prepared.
Sketch Plan Application: Applicants are advised to submit a sketch plan for review and
comment prior to submitting a preliminary plat. A separate application and fee are
required to initiate this process. Review of sketch plans by the Planning Commission and
City Council prior to submitting a preliminary plat is advised for all proposals, especially
those that vary from established zoning and subdivision standards and/or require planned.
unit development review.
Preliminarv Plat Application Fees: Application fees shall be paid at the time of
application and shall cover such costs as review by the Andover Review Committee,
attorney, site inspections, etc. Additional plat escrow fees may be required as the
development proceeds toward completion.
FEES
Filing
AMOUNT
$ 350.00
Plat Escrow Deposit
Urban Plat/Per Lot
Rural Plat/Per Lot
$350.00 x
$700.00 x
lots =
lots =
Public Notification Sign
$30.00
Total Application Fee
$
Park dedication and trail fees are required to be paid on a per unit basis at the time of Final Plat
as follows:
Park Dedication Fee:
Residential
CommerciallIndustrial
Residential
CommerciallIndustrial
$2,515.00 per lot
10% of appraised value
$612.00 per lot
Trail construction required
Trail Fee:
2
Preliminary Plat Review: Plats will be processed in compliance with Minnesota Statute
462.358. The Andover Review Committee (ARC) will review and comment on complete
preliminary plat submittals to assist the applicant in achieving compliance with applicable
ordinances. Plats that do not substantially conform with applicable ordinances will not be
scheduled for a public hearing until the issues have been resolved and/or will proceed with a
recommendation of denial as the end of the review period approaches.
The applicant is responsible for demonstrating compliance with the regulations of the appropriate
watershed management organization and the Anoka County Highway Department.
Plannin!! Commission Public Hearin!!: Once a plat application achieves substantial compliance
with applicable ordinances, a public hearing will be scheduled to be held by the Planning
Commission. A public notice will be issued to the newspaper and property owners within 350 or
700 feet of the proposed development site. A sign will be placed on the property indicating that a
public hearing will be held. The applicant must provide eight (8) full size copies and one
reduction of the revised plat for the Planning Commission to review.
Citv Council Review: The City Council will review the proposed plat and the recommendations
of the Planning Commission. The Application Deadlines & Hearing Dates handout will be used
to determine the meeting date. The applicant must provide eight (8) full size copies and one
reduction of the revised plat for the City Council to review.
Final Plat: The procedure for final plat review and approval is provided on the Final Plat
Application form.
Timin!! and procedure for Public Improvement Proiects: Please refer to the Development
Policv Guideline.
I hereby submit this Preliminary Plat Application and declare THAT THE INFORMATION
AND MATERIAL SUBMITTED WITH THIS APPLICATION IS COMPLETE AND
ACCURATE per City Ordinances and policy requirements.
I understand that ONLY COMPLETE APPLICATIONS AND FEES will be accepted and
forwarded on to the Planning and Zoning Commission for public hearing and on to the City
Council for approval or disapproval. I understand that the application will be processed in
sequence with respect to other submittals.
Fee:
Date Paid:
Receipt No.:
Applicant's Signature
Date
Rev. 2/04 ARC
1/06
7/06
5/07 FP
3
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
PRELIMINARY PLAT APPLICATION CHECKLIST
All preliminary plat submittals are reviewed for completeness using this checklist.
Applications found to be incomplete will be returned to the applicant. No public
hearing will be scheduled until a complete application has been reviewed for
compliance with applicable regulations.
Name of Proposed Development:
Date of Submittal:
Complete: Yes_ No
Submittal Review Conducted by:
REQUIRED PRELIMINARY PLAT DATA.
1:1 A complete Preliminary Plat application and application fee.
1:1 A complete preliminary plat submittal contains 8 full size plan sets, one Ilxl7 and
one 8xll reduction of the following drawings:
. Preliminary Plat
. Grading, Drainage, Erosion Control, and Tree Protection Plan
. Preliminary Street and Utility Plan
. Landscaping Plan (If Required)
1:1 A complete preliminary plat submittal also contains three signed and bound copies
of each of the following documents:
. Geotechnical (Soils) Report
· Storm Water Management Plan (Hydrology Report)- See the Water
Resource Management Plan Developer's Requirements handout (attached).
1:1 An Abstract of Title or Registered Property Abstract, certified to date,
covering the property to be subdivided.
These plans and documents must contain all the information described below to
constitute a complete preliminary plat submittal:
ALL SHEETS:
1:1
1:1 ~1_"1ret1....Lofthe.ni:~~~""ijtla't
.. - __ - - .= ___ - ~.~_.ffidib ".m .. ...n.... . "":_"'-''''_~.;,''
1:1
1:1 ~~lJ'.'II.l'r'iDotsma{Jm~~iw-:c!N~;inchtGr~~@,filIl~;'~":'!l';
_DJ!1l!~*~~.sli......__ .. .....~~I!lL........ .. ...li!J,~EIi'~IJIII!IJ
o ~1.l1i;~W;~I~'~lj
Em~~~"",8'B",,"=""'",",~~""'__""'-''''''''
o ~HDIlli1il1ltiiliI8ria.~li__lrdilflBf_..I
o
Layout of
proposed streets, including street centerlines, curb and gutter, and showing
right-of-way widths and proposed names of streets. The name of any street
heretofore used in the city or its environs shall not be used, unless the
proposed street is an extension of an already named street, in which event
said name shall be used.
o , Locations
and widths of proposed trails, sidewalks, trail easements and drainage and
utility easements.
o ....I1ItIIfilllIII.JIIIIlfp~r~~of;:Efidllj
o A leaend providina svmbols and labels for each feature indicated on
the plan sheets.
o
o Location of designated building pad for lots without municipal water and
sewer. The building pad must provide a minimum of 3,600 square feet of
contiguous buildable land area.
o For lots without municipal sewer, provide the location of two 5,000 square
feet areas designated for the primary and secondary on-site septic drain
field based on design criteria for a four (4) bedroom home and in
compliance with Chapter 7080 as amended. The design specifications for
the drain fields shall be submitted in a report at the time of the submittal of
the preliminary plat.
o Location of all delineated wetlands and the floodplain boundary (flo d
frinae and floodwav areas). Any areas of flood plain proposed to be
removed and/or revised must aIsa be indicated.
o
2
..-=m!~8!ffi!10""""""".IIi~!lW1 _>Hiig,%~!,,:;,;;'"
O 'l!. ,! '.~~'i''''~ .8' ",. '....""'8'>:
... .... . ~x .;IU'J1.~i.......'.. ......'. ",__~~;J;:; .~
PRELIMINARY PLAT:
o
o
o
o
o [..I~~lili1iJ!.liilJIW\1I1w:~'lilii!.~~~~restO.1.m'WWJ'
1,~!_~l_~<i!l~~~~a!am,:d!~:!~g~,"j,,,.,,,,",,w,, _ _ .".,"""..
o Plat area shown as follows: total area, area of dedicated county road right-
of-way, park area, wetland area (including 16.5 foot buffer strip), storm
water pond area below the 100 year flood elevation and including the
16.5 foot buffer strip.
o
"numbedi'ftr--Ai'J'_Wliii&i.~1!B-
, .. ..=~~.!!ll!lE,IiIlIIiIIIIlIIW_\lY""Bm~1!l
ct. f'l /1/ ...it:IIIII"" i1!.III1lI1l'''F''''J1r7t!!'''Mli.'li'l1PillIEr='.~;.i
_ c.O ,:,". ^:,;'~: - ,-. _~ -,: ,..'^ hi 8JUJ!";~t.i. ^ "!ii.iitW
. 911. ",.., .li!lll~lll!., .iDlIliKItL.
o
3
1~~rr~~0S Cod~)
!!:JflllijI... .... ...... 'i i1~... .... ... '.. .... [15&",0,,- _ On' m'_.,",""";
CI
CI
'~;'--SP'''''_''--'';''''''--'-;B:''++';;V I""''''ill'--'''' 'n;."T , ."'W!ij"=tt@';\"'1i0i"0~1IIIIIII-'10!0Wleu _ _ ~18i1i*2i0.101'0I1!rnJI11!0W'!1"!1r"'~'!Lilrllm-ffi~'7'W""'iif%f___~.>;;'.'"jiB",;;1 iliI!f:!t~~!(i;
CI '~!"'.' ~Ya' 'Y.I .,UO~r' I ~"'I; .,... i:QISiifEmm' 0/ r;tRl!:1r!!~~ .,.y. ILUll1
ilii!J!!I~ . ~ ,6, . ~Iill!!l. , . l"'''''llii'......_.I... . [W...@.."w,..o_, . ......
o
CI
~JliI~i!i:.'1:I~KiI1'1..=f~~I01llll!!'
o ~~E____limil.l
a"I'~~".",'.'."I"'j"'!fiiti:l:1.I"1 flj"'.1iI1.'mm'-'1i
CI @i<<lililli+;i " ~Wil::l I . . S I '.l~1:tI'.o
,,~t!iJ fB><, iS~",~J""w=""",_-'-"',~:ffi'-.Cli"",",," -c.:%;%,,,,,,,,",,"
o
2'c,,~,,;;i8iJ '"'" I ~Y~ib:,,~"-,,-c'.,J~",";Jl""~
Identify the location of the proposed plat as either in
the Coon Creek Watershed District or the Lower Rum River Watershed
ManaQement OrQanization.
CI Whenever a portion of a tract of land is proposed for subdividing, the entire
parcel shall be required to be included in the preliminary plat. A sketch plan
for all adjacent undeveloped land shall also be required as part of the
preliminary plat. Potential locations for futur~ ri ht-of-wa and roadway
extensions shall be rovided. ures
IS
to
GRADING, DRAINAGE, EROSION CONTROL, AND TREE PROTECTION PLAN:
CI
4
I.'w...'~'~. ~J!lIIJlm"~"'_~~71' y~... lllilll!li!!L!!"wmiBol.' , 111711117~7n..
1J:r.;~m!l!ii! 1i\.~'Ililflic.ma' .iiJJI _llfi' ." '$
II ,.__, ,liMlfJT:*~!i5l!E!""1 _ _. p~ _YII_1ii I I
o
o The buildable area of lots without municipal sewer and water shall be
required to have a finished grade of at least six (6') feet above the seasonal
high water mark and shall also require the lowest floor to be a minimum of
three (3') feet above the seasonal high water mark or two feet (2') above the
designated or designed one hundred (100) year flood elevation whichever is
higher.
o Proposed lots with municipal water and sewer shall provide a lowest floor at
least three feet above the seasonal high water mark or two feet above the
designated or designed one hundred year flood elevation whichever is
higher.
o
wa?~~~WI~~11OOd;~el:Otli;J
I ~~~~~1l"1.' ~ I,,~L'I'
o A 16.5-foot wetland buffer shall be shown adjacent to the delineated edge of
all wetlands and the normal water level of all storm water ponds.
o The first 110 feet of each lot shall be buildable. The 11 O-foot buildable area
must be outside of the 16.5-foot wetland buffer and above the 1 DO-year
flood elevation.
o Si~ht distance trian~les for all intersections on city streets as reQuired
per the MNDOT Road Desi~n Manual. Anv city street that intersects
with a County road shall meet the reQuirements of the Anoka County
Hi~hwaV Department.
o
o All proposed lots shall be shown in a table on the grading plan labeled "Lot
by Lot Tabulation" containing minimum basement floor elevations, the 100
year flood elevation, the mottled soil elevation or the highest anticipated
water level, type, proposed garage floor elevation, and percent grade of
driveway. In addition, the street centerline elevation, lookout elevation,
lowest opening elevation, top of window well elevation, and emergency
overflow elevation must be included in the Lot by Lot Tabulation.
5
~
PRELIMINARY STREET AND UTILITY PLAN:
o
LANDSCAPING PLAN (IF REQUIRED):
o A landscaping plan showing proposed landscaping and/or screening from
public roadways for double frontage lots, Planned Unit Developments, and
urban lots that abut permanently rural areas, as required by City Code 11-3-
1-F.
~~~e'M_Il!iA&;l~---~NlsHEml
.~_R~~'fI~!I~J30"7"="-""-_.'.~W"
o Three signed and bound geotechnical reports with recommendations. The
report must also include SCS soil types, mottled soil elevations or highest
anticipated water table, existing ground water level, and all soil borings must
be performed to a minimum depth of 20 feet.
o Three signed and bound storm water management plan reports which
include the proposed method and calculations for disposing of surface water
drainage within and beyond the limits of the plat as required in the City of
Andover Water Resource Management Plan and/or the requirements of the
appropriate watershed management organization or watershed district.
o
,. u'm_~, .~II. m'.m'.~m'm'm'm"'. .. .
.cCS;"~~, Om;' Iii" rr':~ 'bein;
Y,.~Jci~. .~...~.nr!l1J!Lrw. 9
o Upon completion .of the first review, the City Engineer may, at their
discretion, require a traffic impact study.
o
o
\
6
(j)
~DbVE~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304
MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN:US
CC:
Jim Dickinson, City Administrator
TO:
Mayor and Councilmembers
FROM:
Will Neumeister, Community Developmen
SUBJECT:
TIF District 1-4 UpdatelIndustrial Opportunities Discussion
DATE:
June 26, 2007
INTRODUCTION
Direction is needed from Council related to the future of Hughes Industrial Park concerning the level of site
improvements for sites that come in for City approvals of various sorts. As the code is currently structured any
changes in use that require a conditional use permit trigger a commercial site plan review and then they must
meet the current standards for site improvements (Le. curb & gutter, blacktop parking lots and driveways,
landscaping, etc.).
DISCUSSION
The sites at this older industrial park are home to many different businesses that may need to expand or make
changes to the structures to accommodate their businesses, or their expansion plans. In the event a business
proposes a change that City staff views as significant enough to warrant either a CUP or commercial site plan
review, this issue arises. Specifically, they are subject to the current rules and requirements of the City. The
case could be made that there maybe should be different standards for this area. Considering this is an older
industrial park, the question we need an answer for is there some middle ground to work with these owners
about how the city will view their business expansion on their property. If there is not, they will likely resist
making any significant upgrades or improvements on their properties.
The staff sees a significant gap between the present site conditions on some of the properties and the present
performance standards of the City Code. This is the case for a site that is currently in the process of review by
staff. If the code is not adjusted to reflect a lower set of standards, the owner will be seeking variances to the
performance standards. This is not something that we would like to get into the practice of doing as it dilutes
the code's standards.
ACTION REOUESTED
Council is requested to discuss the issue presented in this report and advise staff on how to proceed.
Respectfully submitted,
~
Will Neumeister
Attachment
Aerial Photo of Hughs Industrial Park
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM, Jnn Diclcinwn, City Admini_ ~
SUBJECT: 2008-2012 Capital hnprovement Plan (CIP) Update
DATE: June 26, 2007
INTRODUCTION
In early April, AdministrationlFinance conducted a 2008-2012 CIP kick-off meeting with
Department Heads with discussion centering on the attached 2008-2012 CIP development
calendar and the need of other committees (Vehicle Purchasing & Facility Management
Committees) and commissions (parks & Community Center) to start their work. That work is
well underway and staff would like to provide a progress report. The attached calendar outlines
the 2008-2012 CIP preparation activities and the tentative deadlines for each item.
Underlined items will be reviewed in more detail at the meeting,
DISCUSSION
Budget Guidelines:
The following are City Council's 2008 Budget Development guidelines established by the City
Council on April 3, 2007 and used by City Staff while preparing the proposed CIP:
1) A commitment to mmntain or reduce the City Tax Capacity Rate. utilizing recent market
value Irrowth to meet the needs of the oTlzanization and positioninl! the City for long-term
competitiveness. staffing and capital requirements throul!h sustainable revenue sources and
operational efficiencies. .
2) Development of a financial plan to appropriatelv structure the expenditure of bond proceeds
generated from the successful Open Space Referendum.
3) A fiscal goal that works toward establishing the General Fund balance for working capital at
no less than 35% of planned 2008 General Fund expenditures.
4) A commitment to limit the 2008 debt levy to no more than 25% of the gross tax levy and a
commitment to a detailed city debt analysis to take advantage of alternative financing
consistent with the City's adopted Debt Policy.
5) A comprehensive review of the condition of caoital equipment to ensure that the most cost-
effective replacement schedule is followed. Equipment will be replaced on the basis of a cost
benefit analvsis rather than a vear based replacement schedule,
6) A team approach that encourages strategic planning to meet immediate and long-term
operational, staffing, infrastructure and facility needs.
7) A management philosophy that actively supports the implementation of Council policies and
goals, and recognizes the need to be responsive to changing community conditions, concerns
and demands in a cost effective manner.
Current Citv of Andover Caoital Imorovement Policv:
The following is the City of Andover adopted Capital hnprovement Policy, which is part of the
City of Andover Financial Policies:
CITY OF ANDOVER FINANCIAL POLICIES
C. Capitalhnprovement Policy
1. A Capital hnprovements Program (CIP) will be developed for a period of five years. As
resources are available, the most current year of the CIP will be incorporated into the current
year operating budget as the Capital hnprovements Budget (CIB). The CIP will be reviewed
and updated annually, Years two through five are for planning purposes only.
2, The City will maintain its physical assets in a manner, adequate to protect the City's capital
investment and to minimize future maintenance and replacement costs. The City will
provide for maintenance and replacement from current revenues where possible.
3. To be considered in the Capitalhnprovements Program a project must have an estimated
cost of at least $5,000 in one of the calendar years of the project. Projects may not be
combined to meet the minimum standard unless they are dependent upon each other. Items
that are operating expense (such as maintenance agreements, personal computer software
upgrades, etc.) will not be considered within the CIP.
5. Capital projects, which duplicate other public and/or private service, will not be considered,
6. The City will identify the estimated costs and potential funding sources for each capital
project prior to inclusion in the CIP. The operating costs to maintain capital projects shall
be considered prior to the decision to undertake the capital projects,
7, Capital projects and/or capital asset purchases will receive a higher priority if they meet a
majority of the following criteria:
A. Mandatory project
B. Maintenance project (approved replacement schedules)
C, hnprove efficiency
D. Provide a new service
E. Policy area project
F. Broad extent of usage
G. Length of expected useful life
H. Positive effect on operation and maintenance costs
I. Availability of county/state/federal grants
J. Elimination of hazards (improves public safety)
K. Prior commitments
L. Replacement due to disaster or loss
9, The CIP is to be presented by the Finance Director annually to the City Council for approval.
Any substantive change to the CIP after approval must be approved by the City Council.
Overall- CIP Development Update:
Currently, staff is focusing on equipment items for the CIP (listing attached). Throughout the
summer it is anticipated that a significant amount of time will be spend on evaluating
water/sewer infrastructure, transportation improvements, building maintenance, equipment and
park and recreation needs. Each of these items will be supported by detailed cash flow analysis
of funding sources and presented to the Council for review at future workshops.
At this time the Staff is seeking the Councils first blush review of the equipment proposed and
additional Council direction on what the Councils top priorities are for the 2008-2012 CIP. Staff
will then take those comments into consideration before the presentation of a "Draft 2008-2012
CIP" in Julv/ August.
Also provided for Council's reference is a spreadsheet that identifies the progress made to date
on 2007 CIP projects.
ACTION REOUESTED
The Council is requested to review the various attachments, receive a brief presentation on
progress, and provide direction to staff on Council priorities for the 2008-2012 CIP.
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CITY OF ANDOVER
2007 Capital Improvement Plan
Projects By Department - Uses of Funds
,
I .
Community Center I
! Walk Behind Floor Scrubber 1$ 7,500 I $ 6,495 purchased
I Calpe! - West Side Entrance I 8,000 I I 2,235 installed
I I 15,500 I I 8,730
I I I
Engineering I
New Development Projects 351,000 I - as needed
Pedestrian Trail Maintenance 48,000 I - will begin in late summer
I 399,000 I I -
I
Facility Management
! Carpet Replacement 10,000 9,977 installed
'Annuai Parking Lot Maintenance 20,000 - will begin in late summer
Communication Radios 10,000 7,621 purchased
I 40,000 I I 17,598
I
Fire Department I
I Rescue Truck 40,000 i 45,000 :waiting delivery of chassis
I New Mobile Data Terminals in Fire Trucks 30,000 - ; reviewing specs
Thermal Imaging Camera 14,000 - ordered by end of month
Replacement - Hydraulic Rescue Equipment 30,000 - reviewing needs in June; may recommend air bags in addition
Hose Washer / Tester 8,000 8,500 I purchased
I 122,000 I I 53,500 I
I I
Park & Recreation - Operations I
I Replace/Repair Play Structures - Various Parks 40,000 - i as needed
I Replacement - Self-Propelled 48" Sweeper 20,000 19,787 I purchased
: Zero Turn Mower 7,500 7,453 1 purchased
I Replacement - T oro Groundsmaster 328 32,000 32,962 I purchased
I I 99,500 I I 60,201 I
I , I
,
Park & Recreation - Projects ,
I Andover Station North Complex 385,000 I - : Lighting 70% complete; working on new playground location; bldg underway
IT errace Park 55,000 I - I Bid in July
I Crooked Lake Boat Landing 125,000 ' - I Bid in July
1 Strootman Park 40,000 1 - 160% complete
Annual Miscellaneous Projects 25,000 - las needed
I 630,000 I I - I
I I
Sanitary Sewer I I I
Lift Station #1 Upgrade I 25,000 - iunderway
Storm Sewer
Storm Sewer Improvements 50,000 - Complete - need to make final payment
Street Signs
Radius Master Machine 8,400 8,191 Delivery in 8-10 wks
Streets / Highways !
Annual Street Seal Coat Project 287,632 I - . Has been.bid; will begin in August
Annual Street Crack Seal Project 89,840 - Complete - need to make final payment
Annual Street Mill and Overlay 957,970 - Began on June 8th
Annual Pavement Markings 15,000 - Currently out for quotes
Annual Curb Replacement 40,000 - Bid with overlay project
Mounted Pothole Spray Patcher 150,000 155,171 wailing delivery of chassis
Replacement - Dump Truck w/ Snow Removal #1 200,000 176,505 Currently installing box and plow
Rail Road Quiet Zones 330,000 - Out for bids
Municipal State Aid Routes - New & Reconstruct 1,615,000 - Hanson Blvd bid on June 21 st
I Intersection Upgrades 175,000 - Nightingale/Crosstown begins July 9th; Crosstown Dr/Crosstown on hold
I Construct Bikeway / Walkway Corridors 210,000 I - Begins July 9th
I 4,070,442 I I 331,675
I
Water I
Rehabilitation of Wells 45,000 I - Reviewing well #3
Sealing of Well #1 10,000 - ,Seeking bids
I 55,000 I - I
I I , ,
,
I . I $ 5,514,842 I . $ 479,895 I
City of Andover, MN
Capital Plan
2008 a ru 2012
PROJECTS BY DEPARTMENT
Department Project# Priority 2008 2009 2010 2011 2012 Total
Central Equipment
Replacement- Hotsy Pressure Washer 09118800 -01 3 7,000 7,000
Replacement - Floor Sweeper 10 -08800 -01 1 35,000 35,000
Replacement -Service Truck 10 48800 -02 2 28,000 28,000
Central Equipment Total 7,000 35,000 28,000 70,000
( Community Center
Battery Pack Replacement - Zamboni 0944000-01 2 7,000 7,000
Kitchen Equipment - Fryer/Grill 0944000-02 2 7,000 7,000
Community Center Total 14,000 14,000
!Elections
Voting Equipment 10- 41310 -01 1 110,000 110,000
Elections Total 110,000 110,000
Engineering 1
Replacement - Blazer #11 09 41600 -01 2 30,000 30,000
Replacement -Total Station 09- 41600 -02 1 21,000 21,000
Engineering Total 51,000 51,000
Facility Management
Phone System 0841900 -10 1 100,000 100,000
Facility Management Total 100,000 100,000
Fire
Replacement - Fire Tanker #31 08- 42200-01 1 295,000 295,000
Replacement - Fire Engine #11 09- 42200-01 1 400,000 400,000
Replacement- Fire Marshall Vehicle 0942200 -02 2 30,000 30,000
Waterllce rescue boat 0942200 -03 1 20,000 20,000
Replacement - Ladder Truck #11 1042200 -01 1 850,000 850,000
Replacement -Fire Chiefs Vehicle 10 42200-02 2 40,000 40,000
Replacement - Tanker #11 1142200-01 2 300,000 300,000
Replacement - Grass #21 11- 42200-02 2 45,000 45,000
Replacement - Grass #31 11112200-03 2 45,000 45,000
Fire Total 295,000 450,000 890,000 390,000 2025,000
Park & Rec - Operations
Department Project# Priority 2008 2009 2010 2011 2012 Total
Truck -1 Ton chassis with Utility box 08-45000-01 1 SO,OOO 50,000
Zero turn mower 08-45000-02 1 8,500 8,500
Replacement - Large Capacity Lawnmower #580 09-45001J..01 1 112,000 112,000
Replacement - Taro Groundsmaster, #559 09-45001J..02 1 23,000 23,000
Replacement- Trailer, T-554 11-45000-01 2 9,000 9,000
Replacement - One Ton Pick Up wlPlow, #599 11-45000-02 2 65,000 65,000
Replacement - One ton truck wi Plow #503 11-45000-03 2 58,000 58,000
ParK & Rec - Operations Total 58,500 135,000 132,000 325,500
IPlanning & Zoning ~
Replacement - Ford Taurus #15 09-41S01J..01 2 20,000 20,000
Planning & Zoning Total 20,000 20,000
!Sanitary Sewer ~
New JeWac Truck 08-48201J..01 300,000 300,000
Sanitary Sewer Total 300,000 300,000
:Storm Sewer ~
New Track Backhoe 08-48301J..02 2 80,000 80,000
Replacement - Elgin Street Sweeper 10-43100-01 1 150,000 150,000
Stonn Sewer Total 80,000 150,000 230,000
iStreet Signs ,
Replacement- Si9n Truck#410 08-43300-01 85,000 85,000
Street Signs Total 85,000 85,000
iStreets I Highways ,
Replacement - Hot Asphail Box 08-43101J..09 1 40,000 40,000
Replacement - Dump Truck wi Snow Removal #197 08-43100-10 1 200,000 200,000
Extend Frame on #196 for Add'l Atlachmenls 08-43100-11 1 75,000 75,000
Truck mounted attenuator(TMA) 08-43100-12 1 35,000 35,000
Replacement- Water Tanker 09-43100-01 2 100,000 100,000
Asphail Pavin9 Machine 09-43100-02 1 90,000 90,000
Replacement - Facility Maintenance Vehicle #104 09-43100-03 1 35,000 35,000
Replacement - Dump Truck wlsnow removal #198 12-43101J..01 1 150,000 150,000
Replacement - One ton truck wi Plowl #132 12-43100-02 1 58,000 58,000
Streets I Highways Total 350,000 225,000 208,000 783,000
GRAND TOTAL 1,268,500 902,000 1,185,000 550,000 208,000 4, 113,500
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM, Tun Dickinwn, City Admini_O~
SUBJECT: 2008 Budget Progress Report
DATE June 26,2007
INTRODUCTION
City Departments are well underway to compiling their proposed 2008 Annual Operating
Budgets; the deadline for each department's submission to Finance/Administration is July 6,
2007. The attached budget calendar outlines the 2008 Budget preparation activities and the
tentative deadlines for each item. Underlined items will be reviewed at the meeting.
DISCUSSION
Budget Guidelines:
The following are City Council's 2008 Budget Development guidelines established by the City
Council on April 3, 2007 and used by City Staff while preparing their proposed operating
budgets:
1) A commitment to maintain or reduce the City Tax Capacity Rate. utilizing recent market
value growth to meet the needs of the organization and positioning the City for long-term
competitiveness. staffmg and capital requirements through sustainable revenue sources and
operational efficiencies,
2) Development of a financial plan to appropriately structure the expenditure of bond proceeds
generated from the successful Open Space Referendum.
3) A fiscal goal that works toward establishing the General Fund balance for working capital at
no less than 35% of planned 2008 General Fund expenditures,
4) A commitment to limit the 2008 debt levy to no more than 25% of the gross tax levy and a
commitment to a detailed city debt analysis to take advantage of alternative fmancing
consistent with the City's adopted Debt Policy.
5) A comprehensive review of the condition of capital equipment to ensure that the most cost-
effective replacement schedule is followed, Equipment will be replaced on the basis of a cost
benefit analysis rather than a year based replacement schedule.
1
6) A team approach that encourages strategic planning to meet immediate and long-term
operational, staffmg, infrastructure and facility needs.
7) A management philosophy that actively supports the implementation of Council policies and
goals, and recognizes the need to be responsive to changing community conditions, concerns
and demands in a cost effective manner.
Overall- Budget Development Calendar:
Currently Staff is working on line item budgets, capital requests and 2007 revenue and
expenditure estimates. The availability of additional tax .levy in 2008 will be significantly
limited by the low taxable market value percentage increase over 2007. Please refer to the
attached "Pay 2008 Valuation Estimates" spreadsheet that depicts the past few vears'
comparative data, Staffwill make a brief presentation on this at the meeting.
Fund Balance Update:
The Comprehensive Annual Financial Report for the year ended December 31, 2006 reported
that the City did achieve it's 2007 budget goal of establishing the General Fund fund balance for
working capital at no less than 35% of planned 2007 General Fund expenditures ($8,534,974).
$2,998,317 was available, which equates to a 35.13% fund balance for working capital for the
2007 Budget.
The work being done by Staff relative to the 2007 revenue and expenditure estimates will assist
in achieving the Council 2008 budget guideline that works toward establishing the General Fund
fund balance for working capital at no less than 35% of planned 2008 General Fund
expenditures, The estimates are also necessary to preserve the emergency reserve fund balances
for core services (snow emergency ($50K), facility management. ($50K), and information
technology ($50K))and economic development migration ($100K). These reserves were created
through the 2006 & 2007 Budget processes and are intended to prevent budget spikes in future
years,
New Staffmg Requests:
The deadline for new staffmg requests is due July 6th. I am anticipating that requests are
forthcoming from the Fire Department, Public Works and the Community Center. The staffing
request for the Fire Department will likely be accompanied by a grant application and the Public
Works request will be requested to keep pace with community growth.
A staffing request for the Community Center will flow through the Community Center Advisory
Commission and be dependent on available revenue sources,
2
Personnel Related Implications:
To date the following are projected issues facing personnel related expenses:
1. A total salary compensation adiustment package will ultimately be proposed to provide
wages that are competitive with other government entities, Human Resources has
indicated that 2008 wage proposals in other communities for a cost-of-living increase are
ranging from 2.5% to 3.5%. At this point no percentage has been established and Council
direction will be sought on this issue. The Consumer Price Index (from the attached
Bureau of Labor Statistics News) for Urban Wage Earners as measured from March of
2006 to March of2007 is 2,8%.
2. It is anticipated that as in past budgets, approximately $15,000 to $20,000 will be
requested to bring into market positions that are not competitive with comparable
communities. Also the City will need to prepare for Pay Equity Compliance. The City's
Human Resources Manager in consultation with the CitvCouncil and City Administrator
will again conduct the market analvsis if this request survives the budget review.
3. The proposed budget is currently carrying a 15% health insurance increase, This budget
will be adjusted once a mid year review of the health plan is conducted. Yau may recall
that the City switched to a high deductible plan with a health spending account (HSA) in
2006. I am remaining optimistic that the switch will lower future health insurance
increases, the 2007 increase was 5%,
4. Various departments will have changes in the personal services line items do to the
reallocation of staffmg in the respective departments. The most significant allocation
changes will be in Public Works, Engineering, Planning, Administration, and Finance
departments. The Public Works allocations are to be reflective of actual and staffmg
moves; Engineering Department reflecting changing staffing focuses; and the
Administration, Planning & Finance allocation reflecting a reduction in the amount of
time charged to the EDA budget.
Contractual Departments:
1. The City Attorney has not yet submitted a contract proposal. I am anticipating a slight
modification to accommodate legal expenses that are not covered under the retainer
agreement.
2. The 2007 City of Andover Law Enforcement expenditure budget is $2,083,860.00 which
is offset by a Police State Aid revenue budget of $91,592 and School Liaison revenue
budget of $76,862.00 reflecting a net tax levy impact of $1,915,406, The current
Sheriff's contract provides for 72 hours per day of patrol service (increasing to 80 hours
3
July 1, 2007), 12 hours per day of service provided by a Community Service Officer, a
School Liaison Officer in the middle school and high school, and 50% of the costs
associated with the Crime Watch Program's coordinator position.
The 2008 Anoka County Sheriff s contract is currentlv being negotiated. Direction is
sought from the Council on whether or not additional services should be added to the
contract. Also the Anoka County Sheriff will be at a future Council Workshop meeting
to discuss the current contract and the 2008 proposal.
Council Memberships and Donations/Contributions:
The following memberships are included as part of the 2008 proposed General Fund budget:
League of Minnesota Cities
North Metro Mayor
Association of Metropolitan Cities (AMM)
Community Schools
Mediation Services
YMCA - Water Safety Program
$17,961
$15,900
$ 7,500
$45,200
$ 3,040
$ 4,000
The following donations/contributions are included as part of the 2008 proposed budget:
TH 10/169 Coridor Coalition
Anoka County Partners
Youth First
Alexandra House
Senior High Parties
$ 6,800
$16,000
$ 7,500
$14,804
$ 1,500
Road and Bridge Fund
Economic Development Fund
Charitable Gambling Fund
Charitable Gambling Fund
Charitable Gambling Fund
It is anticipated that Youth First will be requesting additional funds (bevond the current $7.500)
from the City of Andover through the Charitable Gambling Fund. Council feedback on the
proposed donation/contributions is sought.
Capital Projects Levy:
Capital Proiects Levy - The 2007 Budget specifically designates $1,367,754 of the general tax
levy to capital projects and equipment needs relating to Capital Outlay ($210,000), Road and
Bridge ($1,052,953), Pedestrian Trail Maintenance ($48,801) and Park Projects ($56,000).
Specific designation of the tax levy to anticipated City needs and priorities for transportation and
trail maintenance, park projects and equipment outlays allows the City to strategically allocate its
resources and raise the public's awareness of City spending priorities. The Road and Bridge levy ,
is calculated according to Council Policy based on annual growth increases, with Capital Outlay, Pedestrian Trail Maintenance and Park Levies increased according to the City Council budget
4
guidelines. The 2008 Budget number for the Capital Projects Levy is currently being analyzed
and will be presented at a future workshop.
. Road and Bridge - This levy will be proposed for transportation programming related to
maintaining City streets, roadways and pedestrian trails. This could be the fifth year that a
portion of the Road & Bridge Fund is dedicated to pedestrian trail maintenance, This
levy is also used for the City's seal coating and crack sealing programs and for street
overlays.
. Park hnprovements - This levy will be proposed as an annual appropriation to be used to
underwrite a wide range of park improvement projects as recommended by the Park and
Recreation Commission and approved by the City Council. This funding is intended to be
a long-term supplemental source of capital funding for park projects that would be
separately identified in the City's Five-Year Capital hnprovement Plan,
. Capital Equipment/Proiects - Under the Capital Projects Levy a levy will be proposed to
be designated to capital improvement/equipment project expenditures. Through this
designation, the City, over time, will be able to build a fund reserve to avoid cash flow
"spikes" and address a wide range of capital improvement needs such as facility
maintenance projects under a more controlled spending environment.
Debt Service Levy:
Annually the Finance Department conducts a detailed debt service analysis to monitor
outstanding debt and to look for early debt retirement or refinancing opportunities that will yield
interest expense saving to the City, that process is currently underway, It is highly unlikely that
savings will be found since such a significant effort was done during late 2006 and early 2007,
which was followed by significant refinancing issuances.
The Debt Service levy will need to provide for (at a minimum) the following debt service
payments:
. 2004A G.O. Capital hnp. Bonds
. 2004 EDA Public Facility Bonds
. 2005 G.O. Capital hnp. Bonds
. 2006B G.O. Equipment Certificate
. 2007 G.O. Equipment Certificate
. 2008 G.O. Open Space Bonds
Total
$ 374,934
$ 934,203
$ 122,622
$ 171,832
$ 235,806
$ 198.302
$2,037,699
There could also be UP to an additional $200.000 added to the levy to accommodate a 2008 G.O.
Equipment Certificate to purchase equipment that will be outlined in the 2008-2012 CIP.
The levy for the 2004 EDA Public Facility Bonds represents the levy designated in the pro-forma
financial statements for the community center.
5
ACTION REOUESTED
The Council is requested to review the 2008 Budget progress and provide direction to staff on
various budgetary items.
Attachments
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News
Unit d Stat s
D partment
of Labor
Washington. D.C. 20212
.
Bureau of Labor Statistics
FOR TECHNICAL INFORMATION:
Patrick C. Jackman (202) 691-7000 USDL-07-0845
CPI QUICKLINE: (202) 691-6994 TRANSMISSION OF
FOR CURRENT AND HISTORiCAL MATERiAL IN THIS
INFORMATION: (202) 691-5200 RELEASE IS EMBARGOED
MEDIA CONTACT: (202) 691-5902 UNTIL 8:30 A.M. (EDT)
INTERNET ADDRESS: htto://www,bls,gov/coil Friday, June 15,2007
CONSUMER PRICE INDEX: MAY 2007
The Consumer Price Index for All Urban Consumers (CPI-U) increased 0.6 percent in May, before
seasonal adjustment, the Bureau of Labor Statistics of the U.S. Department of Labor reported today. The
May level of207.949 (1982-84=100) was 2,7 percent higher than in May 2006.
The Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) increased 0.8
percent in May prior to seasonal adjustment..&I ...~~~~'i~8ftl~l1lG):~~1ft ~
~-
The Chained Consumer Price Index for All Urban Consumers (C-CPI-U) increased 0.4 percent in
May on a not seasonally adjusted basis. The May level of 120.032 (December 1999=100) was 2.3 percent
higher than in May 2006. Please note that the indexes for the post-2005 period are subject to revision.
CPI for All Urban Consumers (CPI-U)
On a seasonally adjusted basis, the CPI-U advanced 0.7 percent in May, following a 0.4 percent
increase in April. The index for energy increased sharply for the third consecutive month--up 5.4 percent in
May. The index for petroleum-based energy rose 9.8 percent while the index for energy services declined
0.2 percent. The food index rose 0.3 percent in May, slightly less than in April. The index for all items less
food and energy advanced 0,1 percent in May, following a 0.2 percent rise in April. Smaller increases in the
indexes for shelter and medical care were responsible for the moderation.
Un-
Compound adjusted
Expenditure annual rate 12-mos.
Category 3-mos. ended ended
Jan. Feb, Ma '07 Ma '07
All Items .2 .4 7.0 2.7
Food and beverages .7 .8 4.2 3.9
Housing .2 .4 2.5 3.3
Apparel .3 .5 -6.6 -.8
Transportation -.8 .1 30.6 1.3
Medical care .8 .5 3.3 4.0
Recreation .1 .0 .9 .4
Education and
communication -.2 .2 -.1 .3 .5 .3 .6 5.3 2,7
Other &oods and .1 ,6 ,8 .2 .2 .3 .3 3.0 3,9
services
Special Indexes
Energy -.2 4.2 -1.5 .9 5.9 2.4 5.4 71.0 4,7
Food -.1 .0 .7 ,8 .3 .4 .3 4.2 3.9
All Items less
food and ener .1 .1 .3 .2 .1 .2 .1 1.6 2.2
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
FROM:
Jim Dickinson, City Administrator
SUBJECT:
Discuss 2007-2008 Council Goals
DATE:
June 26, 2007
INTRODUCTION
Attached for your review is a table displaying previously adopted goals discussed in the spring of 2006,
Goals that were completed or where no further action was needed were removed, The table displays the
goals, priority and present goal status, The following scale outlines the goal priority scores:
o = No action necessary.
1 = Very low priority, work on only when other goals are completed.
2 = Low priority, work on to complete as time permits,
3 = Medium priority, pursue goal on a continual basis to complete by next spring.
4 = Aggressively pursue, work on to assure completion as soon as possible,
At the meeting I will review briefly the goal table and be available to answer questions.
DISCUSSION
The Council is requested to discuss and provide specific goals for the coming year. The goals will be use
by respective departments to formulate work plans and budgets, If time does not permit at the Workshop
for discussion, a form is attached for Councilmembers to submit goals for consideration at the July
workshop, Just complete and return to me at the July 17th Council meeting,
ACTION REOUESTED
Review the 2006-2007 goals and recommend 2007-2008 goals that will ultimately be forwarded to a
future Council meeting for formal approval.
Attachments
Remaining Goals
Goal # 2006-07 COUNCIL GOALS GROUP
PRIORITY
1 Set up master plan for parks and public requirements in
Rural Reserve area. 3.8
Staff made the potential developer of this area aware of these
requirements. Various concept plans have been . discussed at
workshops. Staff will continue to review future proposals for this
area and ensure that the Council's requirements are met.
2 Schedule Council meetings at least once per year with the 3.2
Planning Commission, Park Board Commission and
Community Center Advisory Commission.
Joint meetings were held with all commissions. Others will be
scheduled.
3 Finalize working agreements with County Highway on rules 3.8
for Andover road accesses.
Staff continues to work with the ACHD on getting timely
responses to requests for comments. Correspondence was made to
ACHD requesting improvement with the process.
4 Pursue Wireless Internet. 2.6
Information Services & Administration have made presentations
at workshops and continue to follow the technology. Staff will
bring back to Council if a cost effective solution presents itself.
5 Transportation fun dine; fees/policies. 3.5
This is ongoing, A significant amount of discussion on this topic
has taken place at Council workshops. This topic is now a focus
point for the THl 0/169 Corridor Coalition
6 Restrict garbage pickup to one day a week. .8
Presentation made to the Council on a survey of other cities, no
further action has been taken
7 Assess Citv Hall and Public Work needs. 2.6
hnprovements are currently underway to upgrade various rooms
and provide added security for City Hall. The Council has
reviewed a concept plan for the Public Works campus.
1
6/21/2007
Goal # 2006-07 COUNCIL GOALS GROUP
. PRIORITY
8 Research whether or not the City should start undertaking 2
Recreational programming.
This is reviewed annually and will again be reviewed as part of
the 2008 budget process.
9 Pursue Funding for a railroad overpass at Bunker Lake 2.8
Boulevard.
Discussed at Council Workshops. A question relative to this
topic was part of the 2006 Community Survey, limited resident
support was there. Further direction from the Council is sought
on this issue.
2
6/21/2007
New Goals
Goal # 2007-08 COUNCIL GOALS GROUP
PRIORITY
1
2
3
4
1
6/21/2007
Goal # 2007-08 COUNCIL GOALS GROUP
PRIORITY
5
6
7
8
2
6/21/2007