HomeMy WebLinkAboutCC August 21, 2007
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DATE Auqust 21. 2007
ITEMS GIVEN. TO THE CITYCOllNCIL
~ Mosquito Control Building Expansion
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THANK YOU.
PLEASE ADDRESS THESE ITEMS AT THIS MEEflNG OR PUT THEM, ON,
THE\NEXT AGENDA.
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CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, August 21, 2007
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (8/8/07 Regular Meeting)
Consent Items
2. Approve Payment of Claims - Finance
3. Declare Costs/Order Assessment RolV06-37/161 st Avenue NW & Crane Street NW/Intersection
Improvements - Engineering
4. Accept Petition/Order Feasibility Report/07-35/13817 Jay Street NW (Thurston-DeShaw Funeral
Home)/WM - Engineering
5. Declare Cost/Order Assessment Roll/07-13/13835 Underclift Street NW/WM - Engineering
6. Approve Agreement/07-38/Irrigation Wells Hydrogeological Study - Engineering
7. Recycling Agreement with Anoka County & City of Andover - Recycling
8. Declare Fire Department Excess Property - Fire
Discussion Items
9. Receive Anoka County Sheriffs Department Monthly Report - Sheriff
10. Discuss Deferred Assessment Requirements & Adopt Assessment Roll for Putnam, Allen & Almeida
Properties, Continued - Engineering
11. Consider Variance/Sideyard Setback/771 - 141 st Avenue NW - Planning
12. Consider Conditional Use Permit Amendment/Mosquito Control Building Expansion/1280 Bunker Lake
Blvd. NW - Planning
13. Consider Conditional Use Permit Amendment/Church/475 Andover Blvd. NW - Planning
14. Consider Memorial Plaque Policy - Engineering
Staff Items
15 . Discuss/Adopt 2007-2008 City Council Goals - Administration
16. Schedule Joint Meeting with Park & Recreation Commission - Engineering
17. Reschedule November 6,2007 Council Meeting - Clerk
18. Schedule EDA Meeting - Administration
19. Administrator's Report - Adminis~ration
Mayor/Council Input
Adjournment
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CITY 0 F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755c8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator
FROM: Vicki Volk, City Clerk
SUBJECT: Approval of Minutes
DATE: August 21,2007
INTRODUCTION
The following minutes were provided by TimeSaver Secretarial Service for approval by
the City Council:
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August 8, 2007
Regular Meeting
DISCUSSION
Copies of the minutes are attached for your review.
ACTION REOUlRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
tl:.1..-. (Mt,
Vicki V olk
City Clerk
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o Regular Andover City Council Meeting
Minutes - August 8, 2007
Page 13
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 8,2007
TABLE OF CONTENTS
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PLEDGE OF ALLEGIENCE...........................................................................,......................... 1
RESIDENT FORUM ................................................................................................................. 1
AGENDA APPROV AL............................................................................................................. 1
APPROVAL OF MINUTES ...................................................................................................... 1
CONSENT ITEMS
Approve Payment of Claims ................................................................................................ 2
Approve Hold Harmless & Easement Encroachment Agreement/2579 - 1 54th Ave NW... 2
Accept DNR MNReLeafGrant/06-43/0ak Wilt Suppression Program.............................. 2
Accept Resignation/Park & Recreation Commission Member............................................ 2
Appoint Park & Recreation Commission Member .............................................................. 2
Resolution RI 06-07 waiving Public Hearing! Adopt Assessment Roll/05-I 5/ Andover
Station North Ball Field Improvements ..........................................................................2
Resolution R107-07 approving Plans & Specs/Order Quotes/Award Quote/7-25 '
(2756 - 134th Lane NW) & 07-26 (2766 - 134th Lane NW)/SS & WM ........................ 3
Award Quote/07-7/2007 Trail Maintenance ........................................................................ 3
Update Use of Utility Easement for Timber Trails 2nd Addition......................................... 3
Approve Kennel License Renewal/Dover Kennel............................................................... 3
Approve Tobacco License/Andover Mobil.......................................................................... 3
Approve Renewal/Premises Permit/Andover Lions Gambling (RES. RI0S-07) ................ 3
Approve Amendment to City Code 9-l/Adopting Newest Addition of Minnesota
State Building Code/Chapter 1306 (ORD. 349) ............................................................. 3
Repeal of Ordinance 277, Minnesota State Fire Code & Approve Ordinance to Adopt
New 2007 Minnesota State Fire Code/Chapter 751 1 (ORD. 350) .................................. 3
Approve Amendment to City Code 9-I-6B.2./Installation of Explosive Gas Monitors
(0 RD. 351)......... ....................................... ................. ............................. ........................ 3
Approve Auditing Services Contract!HLB Tautges Redpath .............................................. 3
Approve Market Rate and Reorganization Adjustments ..................................................... 3
Approve Dental Renewal and Employer Contribution ........................................................ 3
Resolution R109-07 approving Final Plat/Woodland Estates Third Addition .................... 3
Approve Amendment to City Code 3-5-A-7, 3-5-II-B and I-7-2-C/Solicitors and
Canvassers (0 RD. 352) ........ ........................................ .................................................. 3
Approve Acquisition of Tax Forfeit Land/Lot 3, Block 1, Hamilton Square ...................... 3
Approve Raflle PermitlDucks Unlimited ............................................................................3
HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLLlWOODLAND CROSSINGS
(05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ADJACENT
PARCELS
Motion to open public hearing .............................................................................................. 3
Motion to close public hearing ............................................................................................. 6
Motion to approve (RES. RIIO-07)...................................................................................... 6
Motion to. table.................................................................................... .................................. 6
HOLD PUBLIC HEARING/CONSIDER VACATION OF EASEMENT/125I-13STH LANE NW
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Regular Andover City Council Meeting
Minutes - August 8, 2007
Page 14
Regular Andover City Council Meeting Minutes - August 8, 2007
Table of Contents
Page ii
Motion to open public hearing .............................................................................................. 7
Motion to close public hearing ............................................................................................. 7
Motion to approve (RES. 111-07) ..................................................:..................................... 7
AWARD BID/06-10IRAILROAD QUIET ZONES
Motion to accept (RES. 112-07) ........................................................................................... 7
CONSIDER CONDITIONAL USE PERMIT AMENDMENT AND TIME EXTENSION
FOR MINING PERMIT/16689 HANSON BOULEVARD
Motion to approve (RES. 113-07) ........................................................................................ 7
DISCUSS ANIMAL CONTROL CODE...................................................................................9
CONSIDER PARTICIPATING IN ANOKA COUNTY HOUSING & REDEVELOPMENT
AUTHORITY ECONOMIC DEVELOPMENT ACTIVITIES ............................................ 10
DISCUSS SCHEDULE FOR COMPREHENSIVE PLAN UPDATE...................................... 10
SCHEDULE EDA MEETING................................................................................................... 11
SCHEDULE SEPTEMBER WORKSHOP ............................................................................... 11
ADMINISTRATOR REPORT .................................................................................................. 11
MAYOR/COUNCIL INPUT
National Night Out................. ................................................................................... ~... ........ 11
Hanson Boulevard Detour ...............................................................................................;..... 12
Road Improvements by Andover High School..................................................................... 12
Anoka County Sheriff's Department Thanks........................................................................ 12
ADJOURNMENT...................................................................................................................... 12
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REGULAR ANDOVER CITY COUNCIL MEETING -AUGUST 8,2007
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, August 8, 2007, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present:
Councilmember absent:
Also present:
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
None
City Attorney, Scott Baumgartner
City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
No one wished to address the Council.
AGENDA APPROVAL
There were no changes.
Motion by Jacobson, Seconded by Knight, to approve the Agenda as presented above. Motion
carried unanimously.
APPROVAL OF MINUTES
July 17, 2007, Regular Meeting: Correct as written.
Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried
unanimously.
June 26, 2007, Workshop Meeting: Correct as amended.
Councilmember Trude stated she has several changes to the minutes. Page 1, line 41 indicated she
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Regular Andover City Council Meeting
Minutes - August 8, 2007
Page 2
wants to change the sentence so it is reflected accurately. "The School District statistics show
Crooked Lake Elementary, Andover Elementary and Oakview Middle Schools have identified and
mvolves 48 students and 15 preschoolers in these areas their attendance areas with autism."
Councilmember Trude stated on page 3, she thought it was actually Councilmember Knight that
made the suggestion that they have ten to twelve signs provided on a temporary basis. Mr.
Dickinson thought it would have been either Mr. Berkowitz or Councilmember Jacobson.
Councilmember Jacobson indicated he made the suggestion. She noted there is also a name that
needs to be corrected starting on line 25. The name should be "Sluiss" and should be corrected
throughout.
Councilmember Trude stated on page 5, line 14, the sentence should read "Councilmember Trude
requested that zoning include screening from neighboring retail businesses and homes." She also
noted the last sentence in that paragraph should read "She supports is concerned about protecting the
environment and safety."
Councilmember Trude stated on page 6, line 6, the sentence should read "The businesses are
noneompliant nonconforming and if even glass..." She also asked for staff to provide the correct
name for the one on line 9. She stated on page 7, line 20 her name is spelled incorrectly.
Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried
unanimously.
July 24, 2007, Workshop Meeting: Correct as amended.
Councilmember Trude questioned a sentence on page 2, line 43 to ,see if it is accurate. Mr.
Dickinson indicated it is.
Councilmember Trude stated on page 4, line 19 the word eeme should be some.
Motion by Trude, Seconded by Orttel, approval of Minutes as indicated above. Motion carried
unanimously.
CONSENT ITEMS
Item 2
Item 3
Approval of Claims
Approve Hold Harmless & Easement Encroachment Agreement/2579 -154111 Avenue
NW
Accept DNR MNReLeaf Grant/06-43/0ak Wilt Suppression Program
Accept Resignation/Park & Recreation Commission Member
Appoint Park & Recreation Commission Member
Waive Public Hearing/Adopt Assessment Roll/05-15/Andover Station North Ball
Field Improvements (See Resolution R106-07)
Item 4
Item 5
Item 6
Item 7
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Regular Andover City Council Meeting
Minutes - August 8, 2007
Page 3
Item 8
Item 9
Item 10
Item 11
Item 12
Item 13
Item 14
Item 15
Item 16
Item 17
Item 18
Item 19
Item 20
Item 21
Item 22
Item 23
ApprovePlans & Specs/Order Quotes/Award Quote/07-25 (2756 _134th Lane NW)
& 07-26 (2766 - 134th Lane NW)/SS & WM (See Resolution RI07-07)
Award Quote/07-7/2007 Trail Maintenance
Update Use of Utility Easement for Timber Trails 2nd Addition
Approve Kennel License Renewal/Dover Kennel
Approve Tobacco License/Andover Mobil
Approve Renewal/Premises Permit! Andover Lions Gambling (RES. Rl08-07)
Approve Amendment to City Code 9-l/Adopting Newest Addition of Minnesota
State Building Code/Chapter 1306 (ORD. 349)
Approve Ordinance to Adopt New 2007 Minnesota State Fire Code/Chapter 7511
(ORD. 350)
Approve Amendment to City Code 9-1-6B.2.!Installation of Explosive Gas Monitors
(ORD.35l)
Approve Auditing Services Contract!HLB Tautges Redpath
Approve Market Rate and Reorganization Adjustments
Approve Dental Renewal and Employer Contribution
Approve Final Plat/Woodland Estates Third Edition (See Resolution RI09-07)
Approve Amendment to City Code 3-5-4-A-7, 3-5-11-B and l-7-2-C/Solicitors and
Canvassers (ORD. 352)
Approve Acquisition of Tax Forfeit Land/Lot 3, Block 1, Hamilton Square
Approve Raffle PermitlDucks Unlimited
Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
unanimously.
HOLDPUBLICHEARINGIADOPT ASSESSMENT ROLVWOODLAND CROSSINGS (05-32),
SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ADJACENT PARCELS
City Engineer Berkowitz explained the City Council is requested to hold a public hearing and
approve the resolution adopting the assessment roll for Woodland Crossings (05-32), Shaw's Glen
(05-24), Cardinal Ridge (05-20) and approve resolution to defer the assessments to the adjacent
parcels listed. '
Councilrnember Orttel stated in looking at the deferrals they are looking at around $600,000 and he
wondered what fundthis will come from. Mr. Dickinson stated they are utilizing cash flow through
the permanent improvement revolving fund. Councilmember Orttel stated he is worried about
carrying these deferrals because this will bring their overall fund down and he thought they will be
carrying this for a long time until these people decide to develop.
Motion by Knight, Seconded by Trude, to open the public hearing at 7:20 p.m. Motion carried
unanimously.
Mr. Scott Allen, 15873 Linnet Street, wondered ifhe will be able to pay his assessments on a per lot
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Regular Andover City Council Meeting
Minutes - August 8, 2007
Page 4
basis as they are sold or would he have to pay the assessment when one lot is developed. He
explained the reasons for wanting to be able to pay on a per lot basis.
Mayor Gamache wondered why the lot does not have street access. Mr. Berkowitz indicated the
edge of the property is not Mr. Allen's property so he did not have the proper frontage to have street
access.
Mr. Allen was under the assumption he would be able to squeeze a driveway in there until the
Woodland Crossings final plat came through. The comer lot was originally an outlot and he was
asked if he wanted to purchase that and at the time he did not want to because he did not want to
spend money to purchase it ifhe did not need it and he was told by some of the planning people that
he should be able to get a driveway in on part of the southerly part of the lot which turned out he
could not.
Mayor Gamache wondered if Mr. Allen developed the west side as regular city lots and decided the
east side would not work out, could he gefCity sewer and water on one lot. Mr. Berkowitz stated he
could do that.
Councilmember Trude wondered if they do a lot by lot assessment, the City could potentially not be
able to collect the deferred costs for all the lots. Mr. Berkowitz stated they would still have to pay it
based on the assessment value for his entire lot. They broke it up per potential lot.
The Council discussed with staff and Mr. Allen the pros and cons to paYing the assessment when the
separate lots are sold.
Mr. Allen indicated he would like to hook up to City sewer and water at a later date because his
home is under three years old and he just recently paid for the well and septic. Councilmember
Trude stated they need to look what their City policy is regarding this.
Councilmember Knight wondered what the time was that they could carry the assessment. Mr.
Dickinson stated part of this is how the resolution is put together because they want to preserve the
ability that they can ultimately collect this value with some value of an index on it. He stated he is
not that concerned that they would have a cash flow problem. He stated there is always the risk of
not ever getting the assessment paid.
Mr. Jerry Putnam, 1869 1 57th Lane N. W., wondered how the costs are determined because he did not
understand why his assessment is the second highest when he has one of the smaller developments.
He did not know how it was determined how he has twelve lots with a street running through the
middle.
Mr. Putnam stated he was never given the opportunity whether or not to have water and sewer
stubbed in. He was just given twelve stubs ghosted wherever the plats are. He stated the ghosted
stubs mayor may not work in the future if the land is platted differently.
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Regular Andover City Council Meeting
Minutes - August 8, 2007
Page 5
Mr. Putnam stated if this is deferred it taIks about indexing using the ENR Construction Cost Index '
from June 2007 until which time the property is actually developed and he thought that was a little
nebulous because he did not know what costs in the end he would have to pay, even if deferred. He
is concerned what the end costs might be.
Mr. Putnam wondered when the project will be done as far as the overall improvements. He stated
the disruption along his property line has been ongoing. He reviewed with the Council and staffhow
this has affected his property and how it has disrupted his life.
Mr. Putnam indicated he did not know anything about the assessment and he did not want sewer and
water stubs. Councilmember Jacobson indicated he was surprised that no one talked to him about
this. Mr. Putnam indicated he was at every meeting regarding this and indicated that he did not want
the stubs and did not agree with the way this was platted. He thought if there was going to be a
ghosted road in there he would have put it at the north side of the property to tie the two east/west
streets together.
Councilmember Jacobson assumed the stubs were based upon the standard city R-4 lot. Mr.
Berkowitz indicated that is correct. The Planning Department looked at that early on in the ghost
plat to determine if those lot widths would work and that is where the stubs were placed. He noted
he met with Mr. Putnam and did not receive any other comments than what he received at that
meeting that he wanted to change anything or look at anything different.
Mr. Putnam explained there is no need for them to plat it because they are not interested in
developing their property, unlike Mr. Allen.
Councilmember Ortte1 wondered why Mr. Putnam's property was assessed the second highest,
higher than the others. Mr. Berkowitz stated there are several reasons to it. The best development to
compare this to is Cardinal Ridge because it is very similar. Cardinal Ridge has a few more homes
so there is economy of scale when dealing with that. They broke this down per lot for the most case;
some of the charges were per front foot. The Putnam property has a road on the east side, the west
side and it has improvements on the south side, 157111 Lane. Ibis cost is in line with Cardinal Ridge.
The difference with Cardinal Ridge is they have more lots to spread the cost over. He felt it was a
very fair analysis of the entire area and the way the assessments were broken down.
Mr. Putnam stated he was not complaining about the costs but only inquired about why they were
different. He thought they would have taken all the lots, totaled them and split them evenly and had
everyone pay the same per lot. That would have been fair in his opinion. Councilmember Jacobson
indicated if that were the case, the 1.2 million dollars of Woodland Crossing would have really
bumped his assessment up.
Mayor Gamache stated what concerns him is that Mr. Putnam has made it clear that he does not plan
to develop anytime in the near future. He wondered when the City would receive the assessment
money back and how do they put that against the property. He wondered if it will be possible where
it will be difficult for him to sell in the future because of what the City has placed on, him. He
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Regular Andover City Council Meeting
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Page 6
wondered if they could provide Mr. Putnam with a projection of the costs. Mr. Dickinson indicated
they could do this for Mr. Putnam.
Mr. Putnam asked that there not be a resolution passed until there can be some identification on that
number for the indexing. Councihnember Trude thought that would be a reasonable request. Mr.
Dickinson indicated he would be, comfortable with this request.
Councihnember Jacobson asked regarding Shaw's Glen on lot 1, block 1, when he looked at the
drawing showing five separate lots, they are only assessing one lot out of a potential five. He
wondered how this worked. Mr. Berkowitz stated that is the Almeida property and was platted with
Shaw's Glen and lot 1 was deeded back to the property owner. Under the plat for Shaw's Glen it is
only one lot. He does have the potential for five lots and in the meantime he has petitioned the City
to hook up his existing home to sewer and water. If the other parcels want to hook up, they will get
charged one assessment for that. He noted they are all stubbed. If they decide to subdivide, the
remainder of that assessment will need to be paid.
Mr. Byron Westlund asked if it is possible to approve the resolution that does not defer the
assessments. He stated that part of their concern is they have already prepaid assessments so the City
is withholding more money than what the actual assessment is. He stated they worked with staff on
the costs and they actually did their own assessment roll based on quantities and the fee schedule,
etc. and they were within $3 of one another at the end so he thought staff did an excellent job of
preparing this.
Mr. Dickinson indicated they did not have a problem with approving the resolutions separately but
they should check with the City Attorney if they can do this. Mr. Berkowitz stated if they proceed
and leave the public hearing open until the next meeting, did this cause any issues with the resolution
since they are both tied to the same resolution. City Attorney Baumgartner stated they could approve
the resolution for part of the assessment roll not including the deferred assessment.
Motion by Jacobson, Seconded by Knight, to close the public hearing at 8:24 p.m. Motion carried
unanimously.
Motion by Knight, Seconded by Jacobson, to approve the resolution adopting the assessment roll for
Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) and to remove the "and
adjacent parcels" in the title of the Resolution. Motion carried unanimously. (RES. Rll 0-07)
Motion by Jacobson, Seconded by Trude, to table the resolution to defer assessments until the next
City Council meeting to have staff research some of the issues on Lot 1, Block 1 Shaw's Glen,
Putnam Property and the Allen Property.' Motion carried unanimously.
Mr. Berkowitz stated regarding the Putnam property, salvage top soil was placed along the boulevard
and was seeded. He noted he will meet with Mr. Putnam to walk the site and identify the issues and
go :from there. They have contacted builders that have been in the area to go over the issues. As far
as the septic system, Mr. Putnam did contact him and he went out there and found that the stack does
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Regular Andover City Council Meeting
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Page 7
exist and is on his private property. He does not know how they will proceed with this but will
discuss it with Mr. Putnam.
HOLD PUBLIC HEARING/CONSIDER VACATION OF EASEMENT/1251-138TH LANENW
Community Development Director Neumeister stated the applicant is seeking to vacate a portion of
an existing drainage and utility easement to allow construction of a swimming pool.
Motion by Jacobson, Seconded by Trude, to open the public hearing at 8:29 p.m. Motion carried
unanimously.
No one wished to address the Council.
Motion by Jacobson, Seconded by Knight, to close the public hearing at 8:30 p.m. Motion carried
unanimously.
Motion by Knight, Seconded by Jacobson, to approve the proposed vacation of easement. Motion
carried unanimously. (RES. R111-07)
Councilmember Jacobson wants to make sure the applicant understands what the fencing
requirements are because this property backs up to a park. The applicant indicated he did not plan to
ins:taII a fence because it is an above ground pool but next year he will be installing a deck with a self
closing gate.
AWARD BID/06-10/RAILROAD QUIET ZONES
City Engineer Berkowitz presented the bid results to the Council. He stated the low bid was Knife
River. The City Attorney noted in the resolution the dollar amount in there was not transferred
correctly. The correct amount is $86, 465.00. He explained this is for the Rail Road Quiet Zone at
Bunker Lake Boulevard which will entail a median down the middle and curbing on the side. The
improvements will be installed starting late August into September but the activation of the Rail
Road Quiet Zone will not occur for approximately six to twelve months due to the fact that BNSF
has to get their interconnect work done which they need to go through design and then construction.
Motion by Trude, Seconded by Orttel, to accept the low bid from Knife River in the amount of
$86,465.00. Motion carried unanimously. (RES. 112-07)
CONSIDER CONDITIONAL USE PERMIT AMENDMENTAND TIME EXTENSION FOR
MINING PERMIT/16689 HANSON BLVD.
Community Development Director Neumeister explained the applicant is requesting an extension of
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the mining permit that was initially issued in 1989. The permit was previously extended in 1991,
1996 and 2001. At this time the applicant is requesting that the permit be extended for two
additional years.
Councilmember Jacobson stated he would like added to the resolution, item 11, stating "A letter of
credit or other suitable fmancial instrument acceptable to the City Attorney shall be received by the
City prior to final approval of the Resolution. The financial instrument amount to be determined by
the City Engineer to assure funds will be available to reclaim the mining area to the final grading
plan when the mining is completed." He stated the reason for that is because there is nothing listed
for recourse if it is not reclaimed and there is not any money there to assure that is done.
Motion by Jacobson, Seconded by Orttel, to approve the proposed Conditional Use Permit
Amendment with the following language addition:
11. "A letter of credit or other suitable financial instrument acceptable to the City Attorney shall be
received by the City prior to final approval of the Resolution. The fInancial instrument amount
to be determined by the City Engineer to assure funds will be available to reclaim the mining
area to the final grading plan when the mining is completed."
Councilmember Knight wondered on provision fIve, do they want trucking until 8:00 p.m. He
thought 6:00 p.m. was the normal time. Mayor Gamache thought this was a more rural area and he
did not think it would be an issue.
Mr. Jim Kuiken indicated he is at the meeting to answer questions.
Mayor Gamache wondered what the hours of hauling would be. Mr. Kuiken stated they haul either
down Hanson Boulevard or Constance Boulevard. They are a small operation and they deliver black
dirt to the customers who buy their sod and to their own sod farm and they have one truck that hauls.
Councilmember Trude asked when the mining is done, will they be leveling it out so the pond is not
so deep and restore the area back to where it was before mining occurred. Mr. Kuiken indicated that
is correct.
Councilmember Trude asked if Mr. Kuiken understood the terms that were added. Mr. Kuiken
stated he would need to know what type of financial obligation they would need or the dollar
amount. Mr. Dickinson stated he did not know the dollar amount but generally they would request a
letter of credit which has a standard cost at the bank. He stated the dollar amount has yet to be
determined through the City Engineer.
Councilmember Trude wondered if the Watershed has approved this yet. Mr. Neumeister did not
think they had. Mr. Kuiken indicated the applications have been made.
Councilniember Trude asked if they are mining now. Mr. Kuiken indicated they are not because they
are waiting for approval.
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Councilmember Trude stated what she understood from this process is this permit regulates the time
and period but she wondered if it also included the volume. Mr. Neumeister stated in the report there
is a drawing on page eight that shows the pond and how it will be built out. Ibis is not based on
volume but on a proposed grading plan. He did not think anyone has calculated the volumes yet.
Mr. Neumeister showed the map indicating where the pond is located and where the pond is
proposed to go out to.
Motion carried 4 ayes, 1 nay (Trude). (RES. RI13-07)
DISCUSS ANIMAL CONTROL CODE
Community Development Director Neumeister stated the City Council recently directed the Planning
Commission to consider whether or not changes are needed to the City's Animal Control Code. At
their July 24 meeting, the Planning Commission considered whether changes or clarifications were
needed to address the issues of Nuisance Dogs/Barking; Potentially Dangerous Dogs; Restraint; and
Basic Care.
Councilmember Jacobson agreed with everything discussed at the Planning Commission and
suggested they let them go to a public hearing.
Councilmember Trude stated she spent some time reviewing this and also agreed the comments
from the Planning Commission should be accepted but she had some issues that came to her
while reviewing this. One of them was they talked about restraint and nowhere in their Code do
they require animals to be restrained and it is not a violation unless they are a dangerous dog and
then they have to have a proper enclosure so the definition only applies indirectly in a way that if
a dog is running at large that is a violation but if a dog is on the property it is not and they do not
have any requirements about it. They also have another section of code on page 17, dog
enclosures, it talks about the purpose, location, screening but they never require people to comply
with it. There is no consequence to it.
Councilmember Trude also noted they do not have any rules about the invisible fence and where
that can be located. Councilmember Jacobson stated the invisible fence is generally around the
perimeter of the property. Right now the dog can be in the front yard as long as it is verbally
under the control of the owner or if off the property, it has to be on a leash.
Councilmember Knight stated if the owner is not outside with the dog, there is no verbal control
and he has a problem with the invisible fence because it can be run right down the sidewalk.
Councilmember Orttel thought there was something in the proposed changes to move the fence
back from the sidewalk.
Councilmember Trude wondered if they should have some requirement that a dog has to be
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restrained on the property or should they say a dog cannot run at large. Mr. Neumeister thought
the answer was on page 8 in the report. Councilmember Trude stated this section pertains to
dogs being off the property. Mr. Neumeister stated that is the control section of the code so if
they want to they could change it slightly to more effectively indicate this.
Council consensus was to have the Planning Commission hold a public hearing for this item.
Ms. Sylvia Munson stated "Invisible Fence" is a brand and should not be used. She stated they
are not safe because different things affect them. She would like the City to have some ordinance
regarding electronic fencing. . She requested a building permit be required when installing an
electric fence and require them to have a sign so people know there is an electronic fence there.
Ms. Munson also requested the City to define what is endangering a person when they have the
electronic fences. She would also like nuisance and frequent barking defined and have some
regulations about electric fence.
CONSIDER PARTICIPATING IN ANOKA COUNTY HOUSING & REDEVELOPMENT
AUTHORITY ECONOMIC DEVELOPMENT ACTIVITIES
City Administrator Dickinson stated recently the Anoka County Board, pursuant to Minnesota State
Statute 469.1082, granted to the Anoka County Housing and Redevelopment Authority (ACHRA) all
of the powers of an economic development authority under Minnesota State Statute sections 469.090
- 469.1082. With the granting of this authority to the ACHRA, the statute is clear that cities and
townships have the option to participate in the economic development program.
Motion by Jacobson, Seconded by Orttel, to respectfully decline participating in the Anoka
County Housing and Redevelopment Authority (ACHRA) program. Motion carried
unanimously.
DISCUSS SCHEDULE FOR COMPREHENSIVE PLAN UPDATE
Community Development Director Neumeister stated staff has prepared a draft schedule for the
Comprehensive Plan Update and asks the Council for changes or comments.
Councilmember Trude understood the League of Women Voters is working on putting together
cable tv interviews of City planning officials asking some questions related to what they are
going to focus on in the Compo Plan Update and then they are going to ask how the City wants to
protect vulnerable natural resources. Another question is how will the City involve other
communities or get their feedback and she knew it may be hard for them to address those
questions because they are still so early in their plan. She can see they are going to deal with all
of those at some point but it is just a matter of taking a lot of time to go through all of this.
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Councilmember Trude stated on the last page they have to allow six months for comments by
neighboring cities and she wondered if they should be scheduling workshops for time for them to
review those plans coming from their neighbors as well.
Mayor Gamache thought the plan looked good and is moving along well.
SCHEDULE EDA MEETING
Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting on August 21, 2007 at 6:00
p.m. Motion carried unanimously.
SCHEDULE SEPTEMBER WORKSHOP
Motion by Trude, Seconded by Orttel, to schedule a Special Council Workshop for September 25,
2007 at 6:00 p.m. Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on the administration and city department
activities, meeting reminders, road improvements projects in the City and the progress on
Wayside Horns/Quiet Zone and miscellaneous activities.
Community Development Director Neumeister updated the Council on development activity in
the City.
MAYOR/COUNCIL INPUT
(National Night Out) - Councilmember Trude stated National Night Out was a great success and she
could not believe all of the kids in the neighborhoods. Mayor Gamache heard people are traveling
too fast through the neighborhoods so he reminded the residents to be careful and watch out for
children while driving.
(Hanson Boulevard Detour) - Mayor Gamache stated they have talked a little about the detour near
Hidden Creek Park where people are cutting through and trying to get to Bunker. There is really no
other way to get to Bunker Lake Boulevard from those neighborhoods. This has started to affect that
neighborhood and they are looking at other ways to make sure cars are not cutting through.
(Road Improvements by Andover High School) - Councilmember Trude stated people are really
distressed with the area on Crosstown by the High School and she wondered if the County could
look at this to see if they could pave the, area because it is pretty rough. Mr. Dickinson indicated they
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Minutes - August 8, 2007
Page 12
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have lobbied for this pretty heavily and he did not think they would see anything done this year but
he thought the County has been strongly considering placement in their 2008 reconstruct project.
(Anoka County Sheriff's Department Thanks) - Mayor Gamache wanted to thank the Anoka County
Sheriff's Department for responding to the 3 5W bridge collapse with their dive team; they were the
first and probably the most important dive team there. He thanked them for what they did. He noted
the Fire Department was also on call to help out other fire departments where needed in the Twin
Cities.
Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting
adjourned at 9:30 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
@
Q
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 .(763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
SUBJECT:
Payment of Claims
TO:
Mayor and Councilmembers
CC:
Jim Dickinson, City Administrator 1 Finance Director
FROM:
Lee Brezinka, Assistant Finance Director
DATE:
August 21,2007
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $262,285.87 on disbursement edit lists #1 - #2 from 08/03/07 to 08/15/07 have been issued
and released.
Claims totaling $252,782.81 on disbursement edit list #3 dated 08/21/07 will be issued and released upon
o approval.
BUDGET IMPACT
The edit lists consist of routine payments with expenses bemg charged to various department budgets and
projects.
ACTION REOUlRED ,
The Andover City Council is requested to approve total claims in the amount of $515,068.68. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
~-v~
Lee Brezinka
Attachments:
Edit Lists
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM:
David D. Berkowitz, Director of Public rks/City Engineer
SUBJECT: Declare Cost/Order Assessment RoU/06-37/16151 Avenue NW & Crane Street
NW/Intersection Improvements - Engineering
DATE: August 21, 2007
INTRODUCTION
The City Council is requested to declare cost and order preparation of the assessment roll for
intersection improvements at 16151 Avenue NW & Crane Street NW, Project 06-37.
DISCUSSION
The intersection improvements were completed in June of this year. Staff provided an assessment
worksheet to all parties involved for their review. The assessment worksheet has been modified
slightly from the review copy. A sign relocation charge has been added since the draft assessment
worksheet was sent out.
The total project cost for the intersection improvements at 161 51 Avenue NW and Crane Street NW
is $156,577.87.
The final assessments are as follows:
The proposed assessments are based on a per unit cost or a potential per lot for future
developments ($2,087.70) and are as follow:
Larry Emmerich, 15 units (White Pine Wilderness Plat)
Larry Emmerich, 45 units (White Pine Wilderness 2nd Add. Plat)
Steve & Cheryl Olmscheid, 10 units (1487 - 16151 Avenue NW)
Keith & Rhonda Rischer, 5 units (16157 Hanson Boulevard NW)
$ 31,315.50
$ 93,946.73
$ 20,877.05
$ 10,438.53
It was discussed at the improvement public hearing for this project to consider deferred
assessments for the Olmscheid and Risher properties. If deferred assessments are to be considered,
staff recommends the following be identified as a requirement with the deferral:
. The assessment value be increased 5.5% annually
. The assessment is to be paid when one or more ofthe following occurs:
o Division of the parcel by metes and bounds description or platting;
o Sale of the property; or
o Death of the last person who had an ownership interest in the property at the time of
the resolution approving the deferral.
o Mayor and Council Members
August 21, 2007
Page 2 of2
BUDGET IMP ACT
The entire project cost will be assessed to the White Pine Wilderness developments and the
properties to the west (1487 - 16ls1 Avenue NW & 16157 Hanson Boulevard NW) of the White
Pine Wilderness development. If deferred assessments are approved, the City will cany those costs
through the Permanent Improvement Revolving Fund.
ACTION REOUIRED
The City Council is requested to approve the resolution declaring cost and directing preparation of
the assessment roll for intersection improvements at 161s1 Avenue NW & Crane Street NW,
Project 06-37.
Respectfully submitted,
o
David D. Berkowitz
./' ../
Attachments: Resolution & Assessment Worksheet
(J~0.
cc: Lany Emmerich, 1341 - 161 st Ave. NW, Andover
Steve & Cheryl Olmscheid, 1487 -161 sl Avenue NW, Andover
Keith & Rhonda Rischer, 16157 Hanson Boulevard NW, Andover
o
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE IMPROVEMENT OF INTERSECTION
iMPROVEMENTS FOR 161ST AVENUE NW & CRANE STREET NW . PROJECT
06-37.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, the expenses incurred or to be incurred in the making of such
improvements is $ 38.488.88 so that the total cost of the improvement will be
$ 156.577.87
1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover,
MN: The portion of the cost of such improvement to be paid by the City is hereby
declared to be $ 0.00 the amount to be assessed against benefited property
owners is declared to be $156.577.87 .
2. Olmscheid and Rischer assessments shall be payable in equal annual installments
extending over a period of 8 years. The first of the installments to be payable on
or before the 1 st Monday in January 2008 ,and shall bear interest at the rate of
5.5 percent per annum from the date of the adoption of the assessment resolution.
3. Emmerich assessments shall be payable in semi-annual installments, together with
principal and accrued interest, extending over a period of JL years, the first of the
installments to be payable on or before the 15th day of April, 2008 and shall bear
interest at a rate of 5.5 percent per annum from the date of the adoption of this
assessment resolution.
4. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the
proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy of such proposed
assessment in her office for public inspection.
5. The Clerk shall, upon the completion of such proposed assessment, notify the Council
thereof.
MOTION seconded by Councilmember
City Council at a reaular meeting this 21st
Councilmembers
and adopted by the
day of AUQust ,2007, with
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
o
Project Name:
Feasibility Report
Contract Award
Actual Construction
Actual Expenses
Engineering (Includes Inspection & Staking)
Consulting Costs
Aerial Mapping (1 % of street)
Drainage Plan (0.3% of street/storm)
Administration (3%)
Assessing (1%)
Bonding (0.5%)
Recording Fees / Legal & Easement
Advertising
Permit and Review Fees
O Street Signs (Labor)
Material Testing
Construction Interest
City Costs
Total Actual Expenses
Expenses Multiplier
Actual Project Cost
Total Amount to be Assessed
Total City Cost
Actual Assessment I Unit =
FINAL ANDOVER ASSESSMENT WORKSHEET
161 st Avenue & Crane Street Project No. :
December 19, 2006 Amount: $
April 17, 2007 Amount: $
Streets and Restoration $
Water Main $
Sanitary Sewer $
Trails $
Strorm Sewer $
Amount: $
06-37
156,577.87
143,549.48
118,088.99
118,088.99
$ 25,402.67
$
$ 1,180.89
$ 354.27
$ 3,542.67
$ 1,180.89
$
$
$ 814.53
$ 1,660.00
$ 71.13
$ 812.00
$ 1,648.92
$ 1,820.91
$ 38,488.88
32.5931%
Amount: $ 156,577.87
$ 156,577.87
$
$ 156,577.87 /75 Units = $2,087.70
Feasibilitv Actual
15 Units $46,748.85 $ 31,315.50
45 Units $140,246.54 $ 93,946.50
5 Units $15,582.95 $ 10,438.50
10 Units $31,165.90 $ 20,877.00
Total Assessment for White Pine Wilderness
Total Assessment for White Pine Wilderness 2nd Addition
Total Assessment for 16157 Hanson Boulevard
Total Assessmentfor 1487 161st Avenue
o
FINAL ASSESSMENT WORKSHEET
EXHIBIT 6
5'\NDbVE~
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o
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CC: Jim Dickinson, City Administrator
TO: Mayor and Council Members
FROM: David D. Berkowitz, Director of Public
SUBJECT: Accept Petition/Order Feasibility ReportJ07-35/13817 Jay Street NW
(Thurston-DeShaw Funeral Home)/WM - Engineering
DATE: August 21,2007
o
INTRODUCTION
The City has received a petition from the property owner of 13817 Jay Street NW (Thurston-
DeShaw Funeral Home) requesting the water connection fee be assessed to the property (see
attached petition), Project 07-35.
DISCUSSION
Thurston-DeShaw Funeral Home has petitioned to be assessed for the water connection fee
associated with the construction of their building. Typically for commercial site projects such as
this the water connection fee is paid at the time of the building permit. City staff reviewed this
request and recommends the petition be accepted.
BUDGET IMPACT
The water connection fee would be assessed to the property owner over a 5 year period.
ACTION REOUIRED
The City Council is requested to approve the resolution declaring adequacy of petition and
ordering preparation of a feasibility report for assessing the water connection fee for Project 07-
35,13817 Jay Street NW (Thurston-DeShaw Funeral Home).
Respectfully submitted,
Q~Q.
David D. Berkowitz
o Attachments: ReSOluti06etitio~ Location Mat'
cc: Daniel DeShaw, 13817 Jay Street NW, Andover
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR ASSESSING THE WATER
CONNECTION FEE, PROJECT NO. 07-35 , IN THE AREA OF 13817 JAY
STREET NW (THURSTON-DESHAW FUNERAL HOME).
WHEREAS, the City Council has received a petition, dated Auaust 7. 2007
requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of
100% of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
o
1. The petition is hereby declared to be 100% of owners of property affected,
thereby making the petition unanimous.
2. Escrow amountfor feasibility report is 0
3. The proposed improvement is hereby referred to the Citv Enaineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember
City Council at a reaular meeting this 21st
and adopted by the
day of Auaust ,2007, with
Councilmembers
voting in
favor of the resolution, and Councilmembers
voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
o
Victoria Volk - City Clerk
OI-3'jO~{J
o
~trm-9~g-~~~.
13817 Jay street Northwest
Andover, Minnesota 55304
Telephone: (763) 421-0220
Fax: (763) 421-8899
August 7, 2007
Andover City Engineer
1685 Crosstown Boulevard Northwest
Andover, Minnesota 55304
Re: Municipal Improvement
Dear City Engineer:
We do hereby petition to have the Water Connection Charge for the Thurston-DeShaw Funeral Home to be'
assessed against our benefiting property.
aaid petition is unanimous and all public hearings may be waived. We would like to be assessed over a five
year period.
Sincerely,
qvy6. ~
Joyc~haw
/J- ___C? ~(j
Daniel R. DeShaw
13817 Jay Street Northwest
Andover, Minnesota 55304
(763) 421-0220
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER. ,US
CC:
Mayor and Council Members ~S
J;m Dklci",on, CHy Adnriill,-6
David D. Berkowitz, Director of Public Works/City Engineer-.tD"3
TO:
FROM:
Todd J. Haas, Asst. Public Works Director
SUBJECT:
Declare Cost/Order Assessment RoW07-13/13835 Underclift Street NW/WM-
Engineering
DATE:
August 14,2007
INTRODUCTION
This item is in regards to declaring cost and ordering assessment roll for 13835 Underclift Street NW
. for water main, Project 07-13.
DISCUSSION
The property owner has petitioned for the improvement. This item is the first step as required by law
to be able to levy the assessment to the property. The amount to be assessed is as follows:
The assessment is based on the 2007 rates and the rates are as follows:
Part A - Water Main
Area Charge
0.50 acres x $2,675 per acre =
Connection Charge
$2,920 per unit x 1 unit =
$1,337.50
$2,920.00
Lateral Charge
107.5 ft. x $38.00 per ft. =
Total (Water Main) =
$4,085.00
$8,342.50
Part B - Water Main Service Construction. Restoration & Indirect Costs (Enflineerinfl,
Administration, Inspections. Etc.
.
Total Estimated Construction Cost = $0.00 (service was
installed by the property owner)
Indirect Costs (Eng., Admin., Inspection, Etc.) = $536.02
Total = $536.02
Total Assessment for Parts A & B =
$8,878.52
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN ,FOR
PROJECT 07-13, 13835 UNDERCLlFT STREET NW.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
o
WHEREAS, the expenses incurred or to be incurred in the making of
such improvement amount to $ 8.878.52 so that the total cost of the
improvement will be $ 8.878.52
1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover, MN: The portion of the cost of such improvement to be paid by the
City is hereby declared to be $ 0.00 the amount to be assessed against
benefited property owners is declared to be $ 8.878.52
2. Assessments shall be payable in equal annual installments extending over a
period of ~ years. The first of the installments to be payable on or before the
1 st Monday in January 2008 ,and shall bear interest at the rate of 5.5
percent per annum from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard
to cash valuation, as provided by law, and she shall file a copy of such
proposed assessment in her office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the
Council thereof.
and adopted by the
day of AUQust ,2007 , with
MOTION seconded by Councilmember
City Council at a reQular meeting this 21 sl
Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
o
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
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CITY OF
NDOVE
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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: Jim Dickinson, City Administrator
TO: Mayor and Council Members
FROM: David D. Berkowitz, Director of Pub
SUBJECT: Approve AgreementJ07-38/Irrigation Wells Hydrogeological Study - Engineering
DATE: August 21, 2007
o
INTRODUCTION
This item is in regard to approving the Irrigation Wells Hydrogeological Study Agreement with Short
Elliott Hendrickson Inc. (SEH), Project 07-38.
DISCUSSION
The City Council and the Park & Recreation Commission had discussed at the joint meeting held June 14th
that irrigating City parks is of great interest. Short Elliott Hendrickson Inc. has prepared a proposal to
evaluate 29 City parks for irrigation. These parks range from large complexes such as Sunshine Park (drill
irrigation well) to small City parks that could possibly be served by a sandpoint.
A detailed analysis is required to identify the cost to drill wells for irrigation and to evaluate if these wells
would have adverse effects on the municipal water system and/or private wells.
BUDGET IMPACT
The study would be funded from the Parks Maintenance Budget.
ACTION REOUIRED
The City Council is requested to approve the Irrigation Wells Hydrogeological Study Agreement with
Short Elliott Hendrickson Inc. (SEH), Project 07-38.
Respectfully submitted,
OCJ~
David D. Berkowitz
Attachments: Irrigation Wells Hydrogeological Study Agreement /
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SEH
August 7, 2007
RE: Andover, Minnesota
Irrigation Wells Hydrogeological Study
Mr. Dave Berkowitz, PE
City Engineer
City of Andover
1685 Crosstown Blvd NW
Andover, Minnesota 55304-2612
Dear Mr. Berkowitz:
Thank you for the opportunity to present our proposal to the City of Andover to study the feasibility of
installing irrigation wells at twenty nine (29) City park locations. The goal of the project is to determine
if irrigation wells could potentially be constructed at each of these sites in order to reduce the high
volumes of City water that are consumed seasonally to irrigate the City parks.
A thorough review of the hydrogeologic conditions in the Andover area will be performed using maps
and reports publicly available through the Minnesota Department of Natural Resources, the Minnesota
Geological Survey, the Minnesota Department of Health, and the City. Information related directly to this
study will be summarized and discussed in the final Technical Memorandum.
Using the maps provided by the City, SEH will review the twenty none (29) park properties and their
locations relative to existing private and public wells. Specifically, the Minnesota Department of Health
County Well Index database will be utilized to identify wells on or in the immediate vicinity of each of
the parks. Logs of the wells will be obtained and reviewed. Information including geologic conditions,
well depths, aquifers, capacities, and geographic locations will be compiled and summarized.
To evaluate the potential for well interference, the Minnesota Department of Natural Resources State
Water Use Databas,e System (SWUDS) will be reviewed to identify any private high capacity wells in the
vicinity of the parks. In addition, aquifer test data collected as part of the City's Wellhead Protection Plan
will be used in assessing the potential for well interference between potential irrigation wells and the
City's public water supply wells. If well interference appears to be likely, AQTESOL V software will be
used to simulate various pumping scenarios to estimate the magnitude and extent of potential well
interference.
A Technical Memorandum will be completed and submitted to the City. The Memorandum will identify
and discuss the potentially viable groundwater sources available at the various parks. The specific sources
will be based on the potential capacities of the aquifer(s) and the irrigation system needs unique to each
park. The potential depths of the irrigation wells will be approximated. Figures developed by GIS staff
will be included in the final Memorandum showing the approximate locations of all existing wells on or
immediately adjacent to the park properties. Each existing well will be color-coded to show the depths
and/or aquifers used by that well. Pertinent hydrogeological information will also be overlain on the
figures included in the Memorandum.
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196
SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325,2055 I 651.490.2150 fax
Mr. Dave Berkowitz
August 7, 2007
C Page 2
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Our scope of work will include one meeting with City Staff at City Hall. We will also prepare
construction cost estimates for the irrigation wells and the associated electrical components. Construction
cost estimates for the irrigation systems are not included in our scope of work. We assume that no
irrigation well will exceed 150 gallons per minute in capacity and will not be required for potable
drinking water. We will submit the Technical Memorandum with recommendations and GIS figures to
City staff by October 15,2007.
Compensation
Compensation for tasks shall be on an hourly basis, based on the actual hours worked for personnel
assigned to the project, plus reimbursable expenses, The estimated not-to-exceed fee for the scope of
services described above is $10,600. We will notify the City and request an amendment if additional
services are requested by the City. We will invoice the City on the basis of actual hours spent at current
billing rates plus the actual cost . of reimbursable expenses including mileage, auto allowance,
reproductions and equipment. Additional services requested by the City will be invoiced on the basis of
actual hours spent at current billing rates plus the actual cost of reimbursable expenses. All services will
be invoiced monthly.
Thank you for considering SEH. We look forward to your favorable review and working with the City of
Andover on this project. If you have any questions, please contact us at 651.490.2000. We look forward
to continuing our work with the City of Andover.
Respectfully submitted,
SHORT ELLIOTT HENDRICKSON INe.
Greg F. Johnson, PE
Principal I Sr. Professional Engineer
c: Chad Setterholm, SEH
s:\ae\n\andover\cormmn\0103 comprehensive water system plan proposaL3.doc
Accepted this
day of
City of Andover, Minnesota
BY.
Name
Title
,2007.
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CD
1685 CROSSTOWN 80ULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator
FROM: Cindy DeRuyter
SUBJECT: Recycling Agreement with Anoka County and the City of Andover
DATE: August 21,2007
INTRODUCTION
The purpose of this agreement is to provide cooperation between the County and the city
to implement the solid waste recycling program in the city by funding it.
o DISCUSSION
The County assists Andover in meeting recycling goals established by the Anoka County
Board of Commissioners by providing SCORE funds to the City Of Andover for solid
waste recycling programs.
o
ACTION REOUlRED
The City Council is asked to review and sign the Agreement for The Residential
Recycling program.
Respectfully submitted,
Cindy DeRuyter, Recycling Coordinator
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Anoka County Contract # 2006-0295
AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM
TIDS AGREEMENT made and entered into on the ~~ day of Y.L<...-. , 20011
notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKf..:
State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF ANDOVER,
hereinafter referred to as the "MUNICIPALITY".
WITNESSETH:
WHEREAS, Anoka County has received $361,089 in funding from the Solid Waste
Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. S 115A.557
(hereinafter "SCORE funds"); and
WHEREAS, Anoka County anticipates receiving an additional $361,089 in SCORE
funds in the spring of2007; and
WHEREAS, the County wishes to assist the Municipality in meeting recycling goals
established by the Anoka County Board of Commissioners by providing said SCORE funds to
cities and townships in the County for solid waste recycling programs.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
in this Agreement, the parties mutually agree to the following terms and conditions:
1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the
County and the Municipality to implement solid waste recycling programs in the
Municipality.
2. TERM. The term of this Agreement is from January 1, 2007 through December 31,
2007, unless earlier terminated as provided herein.
3. DEFINITIONS.
a.
"Problem material" shall have the meaning set forth in Minn. Stat. S 115A.03,
subdivision 24a.
"Multi-unit households" means households within apartment complexes,
condominiums, townhomes, mobile homes and senior housing complexes.
"Opportunity to recycle" means providing recycling and curbside pickup or
collection centers for recyclable materials as required by Minn. Stat. S 115A.552.
"Recycling" means the process of collecting and preparing recyclable materials
and reusing the materials in their original form or using them in manufacturing
processes that do not cause the destruction of recyclable materials in a manner that
precludes further use.
"Recyclable materials" means materials that are separated from mixed municipal
b.
c.
d.
e.
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f,
solid waste for the purpose of recycling, including paper, glass, plastics, metals,
fluorescent lamps, major appliances and vehicle batteries.
Refuse derived fuel or other material that is destroyed by incineration is not a
recyclable material.'
"Yard waste" shall have the meaning set forth in Minn. Stat. ~ 115A.03,
subdivision 38.
g.
4.
PROGRAM. The Municipality shall develop and implement a residential solid waste
recycling program adequate to meet the Municipality's annual recycling goal of 2,632
tons of recyclable materials as established by the County. The Municipality shall ensure
that the recyclable materials collected are delivered to processors or end markets for
recycling.
. a. The Municipal recycling program shall include the following components:
i. Each household (including multi-unit households) in the Municipality
shall have the opportunity to recycle at least four broad types of materials,
such as paper, glass, plastic, metal and textiles.
11. The recycling program shall be operated in compliance with all applicable
federal, state, and local laws, ordinances, rules and regulations.
lll. The Municipality shall implement a public information program that
contains at least the following components:
(1) One promotion is to be mailed to each household focused
exclusively on the Municipality's recycling program;
(2) One promotion advertising recycling opportunities available for
residents is to be included in the Municipality's newsletter or local
newspaper; and
(3) Two community presentations are to be given on recycling.
The public information components listed above must promote the focused
recyclable material of the year as specified by the County. The County
will provide the Municipality with background material on the focused
recyclable material of the year.
IV. The Municipality, on an ongoing basis, shall identify new residents and
provide detailed information on the recycling opportunities available to
these new residents.
b. If the Municipality's recycling program did not achieve. the Municipality's
recycling goals as established by the County for the prior calendar year, the
Municipality shall prepare and submit to the County by March 31, 2007, a plan
acceptable to County that is designed to achieve the recycling goals set forth in
this Agreement.
5. REPORTING. The Municipality shall submit the following reports semiannually to the
County no later than July 20,2007 and January 19, 2008:
a.
An accounting of the amount of waste which has been recycled as a result of the
Municipality's activities and the efforts of other community programs, redemption
centers and drop-off centers. For recycling programs, the Municipality shall
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certify the number of tons of each recyclable material which has been collected
and the number oftons of each recyclable material which has been marketed. For
recycling programs run by other persons or entities, the Municipality shall also
provide documentation on forms provided by the County showing the tons of
materials that were recycled by the Municipality's residents through these other
programs. The Municipality shall keep detailed records documenting the
disposition of all recyclable materials collected pursuant to this agreement. The
Municipality shall also report the number of cubic yards or tons of yard waste
collected for composting or landspreading, together with a description of the
methodology used for calculations. Any other material removed from the waste
stream by the Municipality, i.e. tires and used oil, shall also be reported
separately.
b.
Information regarding any revenue received' from sources other than the County
for the Municipality's recycling programs.
c.
Copies of all promotional materials that have been prepared by the Municipality
during the term of this Agreement to promote its recycling programs.
The Municipality agrees to furnish the County with additional reports in form and at
frequencies requested by the County for financial evaluation, program management
c purposes, and reporting to the State of Minnesota.
6.
BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized
invoices semiannually to the County for abatement activities no later than July 20, 2007
. and January 19, 2008. Costs not billed by January 19, 2008 will not be eligible for
funding. The invoices shall be paid in accordance with standard County procedures,
subject to the approval of the Anoka County Board of Commissioners.
7. ELIGffiILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for
eligible expenses, less revenues or other reimbursement received, for eligible activities up
to the project maximum as computed below, which shall not exceed $50,802.69. The
project maximum for eligible expenses shall be computed as follows:
a. A base amount of $ 10,000.00 forrecycling activities only; and
b. $4.37 per household for recycling activities only.
Notwithstanding any provision to the contrary, the County reserves the right to reduce the
funding provided hereunder in the event insufficient SCORE funds are available. If the
spring SCORE payment of $361,089 is not received or is reduced, the County may reduce
the project maximum amount payable to the Municipality. The County will promptly
notify the Municipality in the event that the project maximum will be reduced.
8.
RECORDS. The Municipality shall maintain financial and other records and accounts in
accordance with requirements of the County and the State of Minnesota. The
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9.
Municipality shall maintain strict accountability of all funds and maintain records of all
receipts and disbursements. Such records and accounts shall be maintained in a form
which will permit the tracing of funds and program income to final expenditure. The
Municipality shall maintain records sufficient to reflect that all funds received under this
Agreement were expended in accordance with Minn. Stat. ~ 115A.557, subd. 2, for
residential solid waste recycling purposes. The Municipality shall also maintain records
of the quantities' of materials recycled. All records and accounts shall be retained as
provided by law, but in no event for a period of less than five years from the last receipt
of payment from the County pursuant to this Agreement.
AUDIT. Pursuant to Minn. Stat. ~ 16C.05, the Municipality shall allow the County or
other persons or agencies authorized by the County, and the State of Minnesota, including
the Legislative Auditor or the State Auditor, access to the records of the Municipality at
reasonable hours, including all books,' records, documents, and accounting procedures
and practices of the Municipality relevant to the subject matter of the Agreement, for
purposes of audit. In addition, the County shall have access to the project site(s), if any,
at reasonable hours.
10.
GENERAL PROVISIONS.
a.
In performing the provisions of this Agreement, both parties agree to comply with
all applicable federal, state or local laws, ordinances, rules, regulations or
standards established by any agency or special governmental unit which are now
or hereafter promulgated insofar as they relate to performance of the provisions of
this Agreement. In addition, the Municipality shall comply with all applicable
requirements of the State of Minnesota for the use of SCORE funds provided to
the Municipality by the County under this Agreement.
b. No person shall illegally, on the grounds of race, creed, color, religion, sex,
marital status, public assistance status, sexual preference, handicap, age or
national origin, be excluded from full employment rights in, participation in, be
denied the benefits of, or be otherwise subjected to unlawful discrimination under
any program, service or activity hereunder, The Municipality agrees to take
affirmative action so that applicants and employees are treated equally with
respect to the following: employment, upgrading, demotion, transfer, recruitment,
layoff, termination, selection for training, rates of pay, and other forms of
compensation.
c. The Municipality shall be responsible for the performance of all subcontracts and
shall ensure that the subcontractors perform fully the terms of the subcontract.
The Agreement between the Municipality and a subcontractor shall obligate the
subcontractor to comply fully with the terms of this Agreement.
d.
The Municipality agrees that the Municipality's employees and subcontractor's
employees who provide services under this agreement and who fall within any job
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classification established and published by the Minnesota Department of Labor &
Industry shall be paid, at a minimum, the prevailing wages rates as certified by
said Department.
e.
It is understood and agreed that the entire Agreement is contained herein and that
this Agreement supersedes all oral and written agreements and negotiations
between the parties relating to the subject matter hereof.
f.
Any amendments, alterations, variations, modifications, or waivers of this
Agreement shall be valid only when they have been reduced to writing, duly
signed by the parties.
g.
Contracts let and purchases made under this Agreement shall be made by the
Municipality in conformance with all laws, rules, and regulations applicable to the
Municipality.
h.
The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause or phrase of this Agreement is for any reason held to
be contrary to law, such decision shall not affect the remaining portion of this
Agreement.
1.
Nothing in this Agreement shall be construed as creating the relationship of co-
partners, joint venturers, or an association between the County and Municipality,
not shall the Municipality, its employees, agents or representatives be considered
employees, agents, or representatives of the County for any pwpose.
11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the
County on all promotional materials, reports and publications relating to the activities
funded under this Agreement, by including the following acknowledgement: "Funded by
the Anoka County Board of Commissioners and State SCORE funds (Select Committee
on Recycling and the Environment).
12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the
Municipality hannless from all claims, demands, and causes of action of any kind or
character, including the cost of defense thereot: resulting from the acts or omissions of its
public officials, officers, agents, employees, and contractors relating to activities
performed by the County under this Agreement.
The Municipality agrees to indemnify, defend, and hold the County hannless from all
claims, demands, and causes of action of any kind or character, including the cost of
defense thereot: resulting from the acts or omissions of its public officials, officers,
agents, employees, and contractors relating to activities performed by the Municipality
under this Agreement.
The provisions of this subdivision shall survive the termination or expiration of the term
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13.
of this Agreement.
TERMINATION. This Agreement may be terminated by mutual written
agreement of the parties or by either party, with or without cause, by giving not
less than seven (7) days written notice, delivered by mail or in person to the
other party, specifying the date of termination. If this Agreement is terminated,
assets acquired in whole or in part with funds provided under this Agreement
shall be the property of the Municipality so long as said assets are used by the
Municipality for the purpose of a landfill abatement program approved by the
County.
IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first
written above:
CITY OF ANDOVER
By:
Name:
Title:
Date:
By:
Municipality's Clerk
Date:
Approved as to form and legality:
COUNTY OF ANOKA
By:
Chair, Anoka County Board of
Commissioners
Date:
ATTEST:
County Administrator
Date:
Approved as to form and legality:
Assistant County Attorney
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CITY OF
NDOVE
1685 CROSSTOWN 80ULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
FROM: Dan Winkel, Fire Chief ~. v,j .
SUBJECT: Declare Fire Department Excess Property
DATE: August 21,2007
INTRODUCTION
The fire department has eleven large breathing air tanks that have not been used for many years
and is declaring them excess property. The tanks all need to be hydrostatic tested before use and
are of little value to the City of Andover at this point.
DISCUSSION
As part of the breathing air delivery system the fire department used to use large storage tanks
that could be refilled as needed. The breathing air cascade systems consisted of at least five to six
large air bottles or tanks that had the total capacity to fill most of the smaller air bottles used by
firefighters all at one time. Since the fire department now has breathing air compressors at each
station the cascade systems are no longer used and the large bottles that were in the system will
not be used by the fire department for any other purpose. In addition to the lack of use the tanks
also need to be hydro tested prior to anybody using them again for their intended purpose. The
fire department has been contacted by at least one other fire department who is very interested in
purchasing all of the tanks.
BUDGET IMPACT
The there will be a positive budget impact to the budget when the tanks are declared surplus and
sold.
RECOMMENDATION
Staff is recommending to the Mayor and City Council that the eleven large breathing air tanks are
declared surplus property and also that staffbe authorized to sell the tanks.
3:YWJ:J/
Dan Winkel, Fire Chief
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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 Councilmembers
CC: Jim Dickinson, City Administrator
FROM: Captain Dave Jenkins - Anoka County Sheriffs Office
SUBJECT: Receive Anoka County Sheriffs Department Monthly Report - Sheriff
DATE: August 21,2007
@
INTRODUCTION
Captain Dave Jenkins from the Anoka County Sheriffs Office will be present to provide the
Council and the citizens of Andover with an update on law enforcement activities within the
City. Attached is a copy of the July 2007 monthly report.
DISCUSSION
To be verbally presented.
ACTION REOUIRED
For Council information.
Respectfully submitted,
Captain Dave Jenkins
Anoka County Sheriff s Office
. Attachment: July 2007 Monthly Report
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AUG. 10.2007 1:53PM
PATROL
NO. 2205 P. 2/3
B. CITY OF ANDOVER - JULY 2007
11m< I JULY I JUNE I I JULY I
YTD 2007
YTD 2006
Radio Calls 1,108 1,112 6,456 6,813
Incident Reports 1,001 937 5,989 6,092
Burglaries 8 . 12 . 59 91
Thefts 58 72 326 453
Crim.Sex Cond, 0 1 7 13
Assault 3 I 11 53 85
Dam to Prop. 48 58 249 287
Harr. Comm. 11 10 89 108
Felony Arrests 10 3 44 64
Gross Mis. 8 3 48 39
Misd. Arrests 72 65 413 366
DUI Arrests 6 11 89 61
Domestic Arr. 8 7 46 35
Warrant Arr. 17 4 74 97
Traffic Arr. 118 109 1,045 968
* NOTE: There were 9 burglaries in the month of JlJ'NE. Zero was notated in the MAY Report.
DUI OFFENSES:
DAY
OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday
WEEK:
Imm' I ;~:;: I I I I I 01:04 I 00:16 I
02:07
2056
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AUG. 10.2007 1 :53PM
PAT RO L
NO. 2205 P. 3/3
C. CITY OF ANDOVER - JULY 2007
COMMUNITY SERVICE OFFICER REPORT
IrrFM I JULY I JUNE I YTD 2007 I J1JL Y I
VTD 2006
Radio Calls 136 160 1,060 1,143
Incident Reports 122 117 762 740
Accident Assists 5 5 70 84
Vehicle Lock Out 27 31 205 238
Extra Patrol 100 114 971 1,846
House Checks 0 0 3 105
Bus. Checks 13 15 96 242
Animal Compl. 53 58 356 352
Traffic Assist 8 3 60 68
Aids: Agency 161 122 992 1,374
Aids: Public 60 80 492 700
Paper Service 0 0 0 1
Inspections 0 0 0 0
Ordinance Viol. 2 0 3 5
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CD
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, Director of Public
SUBJECT: Discuss Deferred Assessment Requirements & Adopt Assessment Roll for
Putnam, Allen & Almeida Properties, Continued - Engineering
DATE: August 21, 2007
INTRODUCTION
The City Council is requested to discuss deferred assessment requirements and approve the
resolution adopting the assessment roll for the Putnam, Allen and Almedia properties associated
with the Woodland Crossings (05-32), Shaw's Glen (05-24) and Cardinal Ridge (05-20) street
C and utility improvements.
o
DISCUSSION
At the August 8, 2007 City Council meeting the Council requested additional information related
to requests made by Scott Allen and Jerry Putnam regarding their improvement assessments.
The discussion items are as follows:
· Deferred assessments to be paid for each individual lot at the time they are subdivided
and/or platted
· The existing home on the Allen property should not be required to hook up to City Sewer
and water when subdivided.
· Provide an amortization which would not exceed an interest rate of 5.5% armually
As you know with a deferred assessment the City will carry the construction costs for as long as
the assessments are not paid. This is funded through the Permanent Improvements Revolving
Fund. Staff has recommended that the entire assessment for each parcel be paid when one or
more of the following occurs:
1. Division of the parcel by metes and bounds description or platting;
2. Sale of the property; or
3. Death of the last person who had an ownership interest in the property at the time
of the resolution approving the deferral.
The City will carry over $450,000 (construction costs) by deferring these assessments. If the
assessments are allowed to be paid as you go, the pay back may take many years. These funds
could be used for other improvements and/or needed projects. This will set a precedent for other
potential deferred assessments.
Mayor and Council Members
August 21, 2007
o Page 2 of2
When the Allen property is subdivided it will no longer meet the 2.5 acre rural lot minimum
required for well and septic. Mr. Allen is requesting that he not be required to meet the current
code requirements. Staff recommends that this request should go through the variance process
before approval is granted. This will also set a precedent for future subdivisions that have City
sewer and water available that would like to subdivide. There are several examples throughout
the City where they have been required to hook up.
Finance prepared an amortization schedule for each parcel. They are attached for your review.
The interest has been set to the requested maximum amount of 5.5% and calculated over a 20
year period.
o
One lot (Lot 1, Block 1 Shaw's Glen, Robert and Shelly Almeida) has petitioned and been
accepted by the City Council to hook up to City sewer and water. The assessment for the one
unit has been approved. The remaining potential lots will be subject to the same deferred
requires as the Putnam and Allen properties.
Staff recommends approving the attached resolution as presented at the August 8th City Council
meeting If changes are approved, the City Attorney should comment to ensure the language is
written correctly on the resolution.
Also attached is a letter from Scott Allen.
ACTION REOUlRED
The City Council is requested to discuss deferred assessment requirements and approve the
resolution adopting the assessment roll for the Putnam, Allen and Almeida properties associated
with the Woodland Crossings (05-32), Shaw's Glen (05-24) and Cardinal Ridge (05-20) street
and utility improvements.
Respectfully submitted,
David D. Berkowitz
O~O
/ / ./
Attachments: Resolution deferring assessments, Amortization & Letter from Scott Allen
cc: Scott Allen, 15873 Linnet St. NW, Andover
Jerry Putnam, 1869 _157th Lane NW, Andover
Robert & Shelly Almeida, 1950 _157th Lane NW, Andover
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
A RESOLUTION DEFERRING ASSESSMENTS FOR VARIOUS PROPERTIES
ADJACENT TO SHAW'S GLEN, WOODLAND CROSSINGS AND CARDINAL
RIDGE.
The assessments for the properties described as PIN 15-32-24-43-0019, PIN 15-32-24-
43-0018 and PIN 15-32-24-43-0075 are to be deferred until one of the following occurs:
1. Division of the parcel by metes and bounds description or platting;
2. Sale of the property; or
3. Death of the last person who had an ownership interest in the property at the
time of the resolution approving the deferral,
o
The final construction assessment amount will be adjusted by the ENR Construction Cost
Index from June 2007 to the time of actual development. City Fees, including the Fox
Hollow Lift Station fee, will be adjusted from June 2007 to the current city fees at the
time of actual development.
Adopted by the City Council of the City of Andover this 2151 day of August , 2007.
CITY OF ANDOVER
Attest:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
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August 15, 2007
o Dear Mr. Dickinson & Mayor Gamache,
I would like to submit this letter in regards to the August 8t\ 2007 city council meeting
public hearing on the proposed assessments for Woodland Crossings (05-32), Shaw's
Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels as I will not be able to attend
the follow-up meeting scheduled for August 21 st, 2007.
At the public hearing held on August 8th, 2007, I requested that the city council approve
the following for my property. . .
1. Allow me to pay each of my assessments as I sell each of the new lots created or
at the time I would sell my residence.
2. Allow me to pay the assessment for my residence at the time of hookup to city
utilities and allow me the needed variance to remain on my well & septic systems
until a later date due to the fact that these systems are currently only 3 years old
and an investment was made to have these systems installed.
If the council decides to approve these requests at the August 21 st, 2007 meeting, I would
also be in agreement with the council and I would have no further issues with the
approval of these assessments.
o
If the council decides not to approve these requests, I would like to reserve the right to
dispute the decision and appeal the assessments for my property. I would also like the
opportunity to address the council about this matter at a future council meeting or
workshop before I would waive any appeal.
I thank you for addressing my concerns and request approval on these items listed.
.IL
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cott Allen
15873 Linnet St NW
Andover, MN 55304
(763) 434-1648
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN. S
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
Will Neumeister, Community Develo
FROM: Chris Vrchota, Associate Plannert)
SUBJECT: Consider Variance/Side Yard Setback/771 - 141 st Avenue NW - Planning
DATE: August 21,2007
INTRODUCTION
The applicant is requesting a variance to the side yard setback to allow for the construction ofa
deck.
DISCUSSION
The property has a 25-foot side-yard setback because it is a back-to-back corner lot. The house
sits 26 feet from the property line, leaving 1 foot of usable space. The house was a model and a
sliding deck door was included in the original construction. They are asking for a 9-foot
variance to the side yard setback to allow for the construction of a lOx 13 deck. Including the
boulevard area, the deck would be approximately 29.5 from the paved portion of Palm Street.
The applicant included a petition signed by many of the neighboring property owners stating that
they had no objections to the deck.
State Statute provides review criteria that are used to determine the merit of variance cases. In
all cases the applicant must demonstrate undue hardship. The considerations for undue hardship
include:
1. There are circumstances unique to the property that were not created by the landowner.
Unique conditions may include the physical characteristics, including topography or
water conditions that may exist on the property.
2. The property, if the variance is granted, will not be out of character with other properties
in the same neighborhood.
3. The applicant has exhausted all reasonable possibilities for using his/her property or
combining a substandard lot due to size, shape or lot line dimensions, with an adjacent
vacant lot.
Economic considerations may not constitute an undue hardship if reasonable use of the property
exists with application of the minimum standards ofthis chapter. .
Findings for this Report
· The house was a model home and the deck door was included in the construction ofthe
home, making it appear that it was possible to add a deck in this location.
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. The side yard setback limits the amount of usable space.
. There is a larger than average drainage and utility easement in the rear yard of the property.
. The lot was created under the requirements at the time, which required the first 100 feet of
the lot to be buildable. Since that time the city increased the buildable area for new lots to
110 feet. Additionally, the city now requires surveys for new homes to show the area
where a deck can be constructed where a doorway is planned and the area is less than 20
feet.
Variance Findings Needed
Variances are intended to provide relief from hardship with the least possible variation from the
applicable zoning requirements. The City Council is asked to approve the proposed variance if it
determines that the strict interpretation of the code creates an undue hardship and that the
findings can be made to grant the variance.
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the proposed variance.
Attachments
Resolution
Location Map
Site Plan
Site Photographs
Petition
Planning Commission Meeting Minutes (When Available)
ACTION REOUESTED
The Council is asked to approve or deny the proposed variance.
~,;:mitted,
~V;chota
Cc: Timothy Ehlers, 771 141 st Avenue NW, Andover, MN 55304
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVINGIDENYING A VARIANCE TO REDUCE THE SIDE YARD
SETBACK FROM 25 FEET TO 16 FEET FOR PROPERTY LOCATED AT 771 141 st.
AVENUE NW LEGALLY DESCRIBED AS:
Lot 18, Block 6, Crown Pointe East, Anoka County, Minnesota
WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-5
to reduce the side yard setback for the subj ect property from 25 feet to 16 feet, and;
WHEREAS, the applicant has provided the following findings for the Planning Commission to
consider:
1. The house was a model home and the deck door was included in the construction of the
home, making it appear that it was possible to add a deck in this location.
2. The side yard setback limits the amount of usable space.
3. There is a larger than average drainage and utility easement in the rear yard of the property.
4. The lot was created under the requirements at the time, which required the first 100 feet
of the lot to be buildable. Since that time the city increased the buildable area for new
lots to 110 feet. Additionally, the city now requires surveys for new homes to show the
area where a deck can be constructed where a doorway is planned and the area is less
than 20 feet.
WHEREAS, after review the Planning Commission fmds the recent changes to the City Code
and the unique characteristics of the property provide sufficient findings for the variance and
recommended approval of the request, and;
WHEREAS, the City Council has received the recommendation of the Planning Commission,
and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves/denies the proposed variance request to reduce the side yard setback for the subject
property from 25 feet to 16 feet.
Adopted by the City Council ofthe City of Andover on this _ day of
,2007.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria V olk, City Clerk
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NOTE: Proposed Vades are abject
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Established In 1962
LOT SURVEYS COMPA"Y. I"C.
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF STATE OF KINNESOTA
nOt 'I3rd Annue North 1512-650-5083
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Property located in Section
25. Township 32. Range 24.
Anoka County. Minnesota
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Lot 18. 8lock 6: Cl101IH POINTE EAST
INVOICE NO 48039
F.B.NO n6-34
SCALE: 1" - 30'
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The only easements shown ore from plots of record or information
provided by dent.
We hereby certify thot this is a true and correct represenlation of
a sl,ney of the boundcJries of the above described lond and the
locolion of 01 buildings Md visible encroact'Wnents, if any. from or on
said 10l1d.
Surveyed by us thlZ3rd doy of October 19 9Z
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Outa 1='. Ander.on, UInn. Reg. No.21753
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I am applying for a variance to allow construction of a deck on the West side of my
house. It will extend out from the house 10' and will be 13' wide and made out of cedar.
City laws current will not allow this without a variance. By signing this document, you
will be stating that you do not have an issue with what I propose.
Tim Ehlers
771141st AveNW
Andover MN, 55304
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, .MINNESOTA 55304. (763) 7 -5100
FAX (763) 755-8923 . WWW.CI. DOVER.MN.'l.S
TO:
Mayor and Councilmembers
CC:
Jim Dickinson, City Administrator
Will Neumeister, Community Developm
Courtney Bednarz, City Plann~
FROM:
SUBJECT: Consider Conditional Use Permit Amendment/Mosquito Control Building
Expansion/1280 Bunker Lake Blvd. NW - Planning
DATE:
August 21,2007
INTRODUCTION
The applicant is requesting an amendment to their conditional use permit to allow additional
office space, a new storage building and additional parking area.
DISCUSSION
The applicant leases the site from Anoka County. The city has received a letter from Anoka
County authorizing the applicant to pursue this application. Letters from the applicant's
Engineer and Architect are attached to summarize the proposed project.
Site Design
The attached plan set illustrates the proposed improvements to the site. The site plan shows the
location of the proposed office addition to the front of the existing office and the proposed new
building near the southwest corner of the site. All of the site improvements lie within the lease
area. The lease area lies within a 40 acre parcel, which provides more space than required for
building and parking setbacks from property lines.
Building Architecture
Building elevations for the office addition and new storage building are attached. The Office
addition will be primarily constructed with brick and will have a standing seam metal roof.
Architectural corrugated metal panels are proposed for the main entry.
The new storage building will be constructed with a burnished block base, insulated architectural
metal panels and a standing seam metal roof. Manufacturer's information is attached to provide
more detail on the architectural metal panels for the new storage building and the applicant will
make a presentation of the building materials at the meeting.
City Code 12-13-19 prohibits aluminum, steel and metal, except as follows:
"2. Such materials, however, may be used as an accent material to complement the architectural
design and appeal of the building as determined by the Andover Review Committee. The
applicant shall have the opportunity for the City Council to review architectural plans and make
afinal determination of the materials and design."
o
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The Andover Review Committee, in its review of the building architecture, determined that the
materials for both buildings are complementary to the overall architectural theme and proposed
building expansion on the site.
Parking Area
The shaded areas on the attached grading plan best illustrate the new areas of the site that will be
paved. The parking area in front of the building will be constructed with curb and gutter and will
contain 47 new parking stalls. These stalls will meet the minimum number required for the
11,690 square feet of office space that will exist when the project is completed.
Additional overflow parking will be provided behind the office building. It should also be noted
that the storage buildings provide parking area for company vehicles and equipment. No outdoor'
storage is proposed as a part of this application.
Landscaping
The applicant has provided a conceptual landscape plan with this application. It should also be
noted that a significant amount of native landscaping already exists on the site. The landscaping
plan will be reviewed for conformance to the City Code as a part of the commercial site plan
application.
Irrigation
The City Code requires all areas that contain required landscaping to be irrigated. The applicant
is requesting a variance from this requirement. The attached letter from the Project Architect
provides the reasoning for this request. The Andover Review Committee (ARC) discussed the
requested variance and recommends that irrigation be provided in the landscaped areas adjacent
to the office building where landscaping presently has the most difficulty surviving. The
remainder of the site already consists of well established native landscaping.
Lighting
Lighting will be added to the parking area and drive lanes to meet the City's requirements. The
light will be directed downward and will not affect residential properties across Bunker Lake
Boulevard.
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the proposed conditional use
permit amendment. This recommendation was in favor of the proposed architecture and in favor
of a variance to allow less than the entire site to be irrigated provided a reasonable compromise
be reached by the applicant and staff through the commercial site plan process.
Attachments
Resolution
Location Map
Letter from Applicant's Engineer
Letter from Applicant's Architect
Existing Conditions Plan
Proposed Site Plan
Proposed Grading Plan
Conceptual Landscaping Plan
Building Elevations
Manufacturers Information - Architectural Steel Panel
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ACTION REOUESTED
The Council is asked to approve the proposed conditional use permit amendment and make a
final determination regarding the following items~
1. Building architecture
2. Variance to irrigation requirement
Cc: R. Richard Gauger Gauger Engineering, Inc. 35 W. Water StreetSt. Paul, MN 55107
Wayne Hilbert CNH Architects 7300 West 147th Street, Suite 504 Apple Valley, MN 55124
- ..J'-
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT AMENDMENT FOR
EXPANSION OF THE METROPOLITAN MOSQUITO CONTROL FACILITY LOCATED
AT 1280 BUNKER LAKE BOULEVARD AND LEGALLY DESCRIBED ON EXHIBIT A
WHEREAS, Metropolitan Mosquito Control has requested a conditional use permit amendment
to allow an office expansion, parking area expansion and a new storage building on the subject
property; and
WHEREAS, the applicant is requesting a variance to City Code 12-13-6. to waive the irrigation
I
system requirement based on their intent to provide native landscaping that complements the
native landscaping in the remainder of Bunker Hills Park; and
WHEREAS, the Planning Commission held a pubic hearing and has reviewed the request; and
WHEREAS, The Planning Commission recommends approval ofthe proposed variance based on
finding that while some irrigation is warranted, there are also areas of the site where existing
native vegetation does not require irrigation and these areas complement the overall native
landscaping theme of Bunker Hills Park; and;
WHEREAS, the Planning Commission finds the conditional use permit request would not have a
detrimental effect upon the health, safety, morals, and general welfare of the City of Andover
and recommends to the City Council approval of the conditional use permit amendment; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
conditional use permit amendment on said property with the following conditions:
1. The applicant shall complete the commercial site plan review process with the city.
2. The applicant and staff shall determine the appropriate locations for irrigation through the
commercial site plan process.
3. The improvements to the site and exterior building elevations shall substantially conform
to the plan set stamped received by the City of Andover August 1, 2007.
4. This approval is subject to a sunset clause as defmed in City Code 12-14-6D.
Adopted by the City Council of the City of Andover on this_day of
,2007.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
o Victoria V olk, City Clerk
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Exhibit A
PARCEL C2
That part of the Northeast Quarter of the Southwest Quarter of Section 35, Township 32,
Range 24, Anoka County, Minnesota, described as follows:
Commencing at the most easterly corner of Parcel 45, ANOKA COUNTY IDGHW A Y
RIGHT-OF-WAY PLAT NO. 68, Anoka County, Minnesota; thence South 82 degrees 51
minutes 48 seconds West, bearing assumed, along the southeasterly line of said Parcel45,
a distance of 112.34 feet to the point of beginning of the land to be described; thence
continue South 82 degrees 51 minutes 48 seconds West; along said southeasterly line,
66.12 feet; thence South 10 degrees 34 minutes 54 seconds East 75.99 feet; thence North
88 degrees 54 minutes 41 seconds West 92.03 feet; thence South 01 degrees 05 minutes
19 seconds West 626.00 feet; thence South 88 degrees 54 minutes 41 seconds East
380.00 feet; thence North 01 degrees 05 minutes 19 seconds East 626.00 feet; thence
North 88 degrees 54 minutes 41 seconds West 220.58 feet to the intersection with a line
bearing South. 1 0 degrees 34 minutes 54 seconds East from the point of beginning; thence
North 10 degrees 34 minutes 54.seconds West 85.65 feet to the point of beginning.
Containing 5.58 acres, more or less.
Part ofP .I.N. 35-32-24-31-0001
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GAUGER BNGINEERJNGoINC! ::;:::::c
35 W. water Street, St. Paul, MN 55107 651/227-1748
July 16, 2007
Ci ty of Andover
1685 Crosstown Blvd. N.W.
Andover, MN 55304
Re: Conditional Use Permit Request
Metropolitan Mosquito Control District
1280 Bunker Lake Blvd.
Andover, Minnesota
Att'N: Planning and Zoning Commission
On behalf of the Metropolitan Mosquito Control Commission and as their Owner's
Project Representative, attached please find the Conditional Use Permit request
and 'documentation.
In 1984, Anoka County and the Metropolitan Mosquito Control District entered in-
to a Lease Agreement for the construction of a District Facil ity. The Lease was
ammended in late 1984 and again'in 1989. In 1990, the District submitted the,,:
request for a Conditional Use Pemit to allow for an expansion of the facilities.
This request was granted to allow for the expansion.
At this time, the District (MMCD) is proposing an addition consisting of office
space and a third storage building. The District has been working close with the
Anoka County Parks as well as Andover Staff.to meet current requirements.
It is the desire of the MMCD to start construction in October of this year.
Thank you for your consideration of this Request.
Sin'cerely,
fbftz; /L-
Licensed in the State of Minnesota
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7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433
ARC!f!TECTS
METROPOLITAN MOSOUITO CONTROL DISTRICT - CONDmONAL USE PERMIT
NARRATIVE:
July 17, 2007
General:
The Metropolitan Mosquito Control District (MMCD) building addition is planned as an expansion to
meet the rising demands of the district. MMCD provides services for seven counties of the metropolitan
area and this facility serves Anoka County. The main focus of the project is to provide the facility with
adequate space for employees and storage, while exploring sustainable strategies through building and site
design.
Site:
The site is located off of Bunker Lake Boulevard NW just east of Hanson Boulevard NW within the
Bunker Hills Regional Park. MMCD is currently leasing their land from Anoka County and the lease lines
are within the overall park property. Because MMCD's lease lines do not coincide with the park
property, there are no required setbacks. A new cold storage building will be added in the southwest
corner of the property and a new office addition will be added to the north of the existing office building.
A new 47 stall parking lot with curb and gutters will be added along the north side of the property
adjacent to the office building to meet the city requirements for parking provided. There will also be
significant landscaping along the lease lines where the additional building and parking lot are located to
buffer the park from the site. In keeping with sustainable design strategies, the intent is to have no
irrigation on the site as well as native plantings and efficient landscaping. The parking lot will have
sufficient landscaping within the parking islands to help reduce the heat island effect. The site drainage
from the buildings and new parking lot will be directed west of the office building to a retaining area on
the low part of the site.
Building:
The proposed project is intended to expand the current office and storage facilities to meet the increasing
needs ofMMCD. The design provides a 6,070 square foot office addition that will replace an office
addition from 1991. The office will mainly house a small number of employees on a regular basis, with a
large training room designed to seat all employees when the field workers need to come in for training or
meetings. The new office addition will be comprised of two main forms for the different private office and
training room functions, with an accent entrance element that connects the two together. A new 14,863
square foot cold storage building will be added with the potential for an additional 3,640 square foot that
is currently an alternate. The cold storage building will house mainly company vehicles with some
material storage.
C:IDOCUME-IIRICHARD\LOCALS-lITEMPlTEMPORARY DIRECTORY 1 FOR PROJECJNARRATIVEZlP\PROJECTNARRATIVE.OOC
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Exterior Materials:
The exterior materials for the office addition will consist of mainly brick with architectural corrugated
metal panels at th~ entrance tower to accent the main entry. The sloping roofs consist of standing seam
metal and the canopy roof is designed with landscaped roof pavers to fulfill sustainability strategies. The
cold storage building will consist of a burnished block wainscot with insulated architectural metal panels
above that look similar to precast panels and blend with the existing buildings. A standing seam metal
roof is designed for the storage building as well.
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304
MAIN (763) 755-5100 FAX (763) 755-8923 . WWW, DOVER.MN,US
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TO:
Mayor and Councilmembers
CC:
Jim Dickinson, City Administrator
Will Neumeister, Community Developme
Andy Cross, Associate Planner 1ftX-
FROM:
SUBJECT:
Consider Conditional Use Permit Amendment / Church / 475 Andover Blvd NW - Planning
DATE:
August 21, 2007
INTRODUCTION
Last December, Sambulsa of Minnesota, Inc. received approval for a Conditional Use Permit to add a temple
to an existing house located at 475 Andover Boulevard. The applicants would like to change those plans and
build a separate prayer room on the site, leaving the existing house untouched.
DISCUSSION
The Conditional Use Permit required that Sambulsa's temple be constructed "to the specifications on the
documents dated November 7, 2006." After discussions with the Fire Chief, engineers, and their contractor,
the applicants would like to change their plans for the new temple. Adding onto the existing house would
require major renovation and improvements to the structure, including installing a sprinkler system throughout
the entire house.
As an alternative, the applicants would like to construct a separate free-standing prayer room (see
attachments). The proposed new building is 2,600 square feet, slightly larger than the 2,500 square-foot
addition proposed previously. The prayer room is the same size as before, but the free-standing structure will
require its own restroom and mechanical areas (see attached). The site appears able to accommodate the
change, and all plans will be subject to a full Commercial Site Plan review. The applicant submitted a more
detailed rendering ofthe structure than what was shown to the Planning Commission. The rendering appears
in this report's attachments and is supported by staff because it shows more design enhancements than before.
The original Conditional Use Permit will need to be amended because ofthe condition connected with an
outdated plan set. With the changes to the church's plans, this condition can no longer be met. The date in
the condition will be changed to July 17, 2007, the date when the applicants submitted a new plan showing a
separate prayer room.
As with the previous plan, the City Council will need to review the attached plans and judge whether there
would be a significant negative impact from the size of the church on the surrounding areas as detailed above.
Keep in mind that the proposed church must meet all local building and zoning codes and complete a
commercial site plan review process.
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Church Services
The attached letter from the applicant references the size of the church's congregation. One weekly service is
held on Sunday from 11 :00 AM to noon. While the church remains open at other times for Zen meditation
practice, the only formal service is on Sunday. The applicants will be available at the meeting to answer
questions about the church.
Planning Commission Recommendation
The Commission voted unanimously to recommend approval of the CUP Amendment. The Planning
Commission supported the applicant's change and were careful to ensure all requirements of the Commercial
Site Plan review would be met.
Staff Recommendation
Staff recommends approval of the change. The impact of the church on the site is not changing and all
requirements of a Commercial Site Plan will still be met.
ACTION REQUESTED
The City Council is asked to approve the amendment to the Conditional Use Permit.
Respectfully submitted,
~
Andy Cross
Cc: Sambulsa of Minnesota, Inc., 8301 West River Road, Brooklyn Park, MN 55444
Attachments
Resolution
Original Resolution (RI53-06)
Location Map
Letter from Applicant
Site Plan
Building Details
Planning Commission Minutes (Aug. 15,2007)
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR SAMBULSA OF
MINNESOTA, INC. TO ALLOW A REVISED SITE PLAN FOR A CHURCH IN A RESIDENTIAL
DISTRICT AT 475 ANDOVER BOULEVARD NW.
WHEREAS, Sambulsa of Minnesota, Inc. has applied to locate a church in a residential district; and
WHEREAS, Chapter 12-12 of the Andover City Code "Permitted, Conditional, and Prohibited Uses" lists
Church as a Conditional Use in residential zoning districts; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect
upon the health, safety, morals, and general welfare of the City of Andover; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the
Conditional Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees
with the recommendation of the Planning and Zoning Commission and approves the amendment to the
Conditional Use Permit allowing a church on said property, subject to the following conditions:
1) Site improvements at 475 Andover Boulevard must be constructed to the specifications
on the documents dated Julv 17.2007.
2) All changes, modifications, and improvements at 475 Andover Boulevard proposed to be made
as part of this application shall be subject to review and approval through the Commercial Site
Plan process.
3) No church services may take place at 475 Andover Boulevard before all site and building
improvements identified in the Commercial Site Plan review process have been completed.
4) The proposed church must conform to all local and state building and zoning codes.
5) If the City Engineer requires a Traffic Impact Study, all study recommendations will become
conditions ofthis Conditional Use Permit.
Adopted by the City Council of the City of Andover on this _day of
,2007.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria V olk, City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R153-06
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF SAMBULSA OF
MINNESOTA, INC. TO PERMIT A CHURCH IN A RESIDENTIAL DISTRICT AT 475 ANDOVER
BOULEVARD NW:
WHEREAS, Sambulsa of Minnesota, Inc. has applied to locate a church in a residential district; and
WHEREAS, Chapter 12-12 ofthe Andover City Code "Permitted, Conditional, and Prohibited Uses" lists
Church as a Conditional Use in residential zoning districts; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect
upon the health, safety, morals, and general welfare of the City of Andover; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the
Conditional Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees
with the recommendation of the Planning and Zoning Commission and approves the Conditional Use
Permit to permit a church on said property, subject to the following conditions:
o
1) The addition to the exiting house at 475 Andover Boulevard must be constructed to the
specifications on the documents dated November 7,2006, or as modified by the Building
Department.
2) All changes, modifications, and improvements at 475 Andover Boulevard proposed to be made
as part of this application shall be subject to review and approval throughthe Commercial Site
Plan process.
3) No church services may take place at 475 Andover Boulevard before all site and building
improvements identified in the Commercial Site Plan review process have been completed.
4) The proposed church must conform to all local and state building and zoning codes.
5) If the City Engineer requires a Traffic Impact Study, all study recommendations will become
conditions of this Conditional Use Permit.
6) The off-street parking that is provided is the minimum necessary based on what the
representatives ofthe Sambulsa Buddhist Temple have represented as needed at this time.
Should there be an expansion of the members that regularly attend, the City shall require the
parking area to be expanded to meet the peak parking needs.
0-
Adopted by the City Council of the City of Andover on this 19th day of December, 2006.
CITY OF ANDOVER
o ATTEST:
Victoria V olk, City Clerk
Michael R. Gamache, Mayor
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City of Andover
1685 Crosstown Boulevard N.W.
Andover, MN 55304
November 7,2006
Dear Planning and Zoning Commission;
Our request for a conditional use permit is based on the need of SamBulSa of
Minnesota, Inc. to acquire a larger property for its Buddhist Temple.
First, about SamBulSa; It is the only Korean Buddism Church in Minnesota. Formed
in 1989, it purchased a small home the next year to serve as its church. As the
congregation grew, we realized that our quarters, especially the prayer room were too
small. Therefore, for several years we have searched for a new property to house our
church.
The Andover property (475 Andover Boulevard NW) would be an ideal location
provided we could expand the existing building to include a prayer room and lunch room.
The existing building would be used as a parsonage by our priestess. We have a very
small congregation. Only 15 to 20 families attend services on an average Sunday.
o Therefore, we will not cause a traffic or noise problem for our neighbors.
Buddhism is an old established formal religion going back over 3,000 years. It is not
a cult. The religion is very peaceful, teaching tolerance, and extremely high standard of
moral values. Part of our activities includes Zen Practice (or Meditation), which gives a
ch8.nce to think about what the real life means and how to improve our life without
suffering. This successful program is open to public and free of charge. Weare
welcoming to every one to use our facility for Zen. We are sure that this practice will
provide healthy life and community.
We feel that our Buddhist Temple, once established in Andover, will be a credit to
your community for many years to come. You can expect from us full cooperation in all
respects with your city. Thank you.
Sincerely,
o
))''''A' -~~ /] /\ J' ,
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Keum Ja Kim
Authorized Representative,
Sambulsa of Minnesota, Inc.
830 1 West River Road
Brooklyn Park, MN 55444
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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
David D. Berkowitz, Director ofPubhc rks/City Engineer~
FROM: Todd J. Haas, Asst. Public Works Director/Parks Coordinator
SUBJECT: Consider Memorial Plaque Policy - Engineering
DATE: August 21,2007
INTRODUCTION
This item is in regard to considering approval of a memorial plaque policy.
DISCUSSION
Attached is the policy recommended by the Park & Recreation Commission. The idea of having
a policy was discussed between the City Council and the Park & Recreation Commission at the
joint meeting in June. Since that meeting, the Park & Recreation Commission has reviewed the
proposed policy at two different meeting with some minor revisions.
ACTION REOUIRED
The City Council is requested to consider approving the policy for memorial plaques and benches
as recommended by the Park & Recreation Commission.
Respectfully submitted,
T~~
o
o
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City of Andover
Policy for Memorial Plaques and Benches
I. Introduction
The City of Andover supports the needs and principles of allowing memorials in
parks and green space areas, but is also mindful that these facilities have many
uses and are enjoyed by a wide range of people. Therefore, the City desires to
manage and regulate memorials for the mutual benefit of all.' It is the intention
that the Memorial Giving Policy only covers the broad sense of memorials and is
not meant to be exhaustive. Memorial proposals outside the scope of this policy
may still be considered.
II. General
1. Applications for memorials and to scatter ashes in park and green space
areas are available at City Hall. The Parks Coordinator shall be responsible
for the consideration of applications.
2. Applications will be accepted from next of kin or an executor of estate.
3. All memorials are to be paid for by the applicant on or before installation.
4. Memorials will be positioned to maximize the benefit to an area. The City will
attempt to accommodate the wishes of the applicant at all times.
5. The number of memorials shall not detract from the prime recreational
purposes of an area. The City may limit the number of memorials in a
particular area.
6. The City accepts no liability for damage to any memorials from vandals, third
parties or while carrying out maintenance activities unless specifically noted.
7. The City reserves the right to remove any memorials that have been
damaged and, is in the view of the appointed officer, beyond repair.
8. Applications for memorials to pets or to scatter the ashes of pets shall not be
accepted.
III. Memorial Tree and Plaaue
1. The memorial tree program plants a 1 Y2 caliper inch balled and burlapped
maple, oak, ash or linden tree in the donator's park of choice with recognition
of the memorial on a permanent plaque to be displayed at City Hall.
2. The donor can choose the general vicinity of the planting location within a
park; the exact placement of the tree is dependent upon existing site
conditions and shall be determined by the appointed officer.
3. The name displayed on the memorial plaque shall be the individual's full
proper name. Nicknames, where appropriate, may be included at the donor's
request.
4. No additional mementos, e.g. vases, statues, etc., shall be permitted at the
location of the tree.
5. The estimated cost of a memorial tree is $500, which will be submitted as an
escrow. Unused funds will be returned to the applicant or donor of the $500.
The health of the tree is guaranteed for 5 years.
G:ISTAFFIRHONDAAIPARKIMemorial Plaque Policy.doc 1
o IV. M morial B nch
1. A memorial bench may be dedicated in the donator's park of choice.
2. The donor can choose the general placement within a park; the exact location
of the bench is dependent upon existing site conditions and shall be
determined by the appointed officer.
3. Benches will be constructed from a concrete material and be of a high quality
design. The bench will be secured in a concrete pad by the City and/or its
contractor.
4. A brass plaque with the inscription "in memory of' the name of the person,
recognition of public office (if appropriate), and dates of birth and death will be
affixed to the bench. In the event that the plaque is damaged, defaced, and/or
removed, the City will replace it for the useful life of the bench.
5. No additional mementos, e.g. vases, statues, etc. shall be permitted at the
location of the bench.
6. The estimated cost of a memorial bench is $1000, which will be submitted as
an escrow. Unused funds will be returned to the applicant or donor of the
$1000. A bench is guaranteed for a minimum of 10 years.
7. Individuals who have made significant positive contributions to the community
of Andover or individuals with local ties that have gone onto state wide or
national importance.
o V. Other Memorials
1. Other memorial donations, e.g. picnic shelter, playground, etc., will be
considered on an individual basis.
2. Recognition of such memorials will be made at an appropriate level in
consultation with the next of kin or executor of estate.
o
G:\STAFF\RHONDAA\PARK\Memorial Plaque Policy.doc
2
o
o
o
City of Andover
Application for Memorial
Applicant Name:
Address:
Telephone Number: (H)
(W)
Existing Facility Name:
Type of Memorial:
D
D
Tree & Plaque
Bench & Plaque
Wording for Plaque and Desired Location:
Please attach other supporting documents.
G:\STAFF\RHONDAA\PARK\Memorial Plaque Policy.doc
3
o
o
o
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/Adopt 2007-2008 Council Goals
DATE:
August 21, 2007
INTRODUCTION
~
Attached is a table displaying a listing of goals submitted by individual Council members and the
tabulated scoring from the individual Councilmembers.
DISCUSSION
The listing below identifies the scoring method used:
0= 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.
ACTION REOUESTED
The Council is requested to discuss and adopt the attached 2007-2008 Goal listing and authorize staff to
start the processes and activities necessary to complete the goals based on the priority rating identified.
_.
Attachment
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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
David D. Berkowitz, Director of Public orks/City Engineer~3
FROM: Todd J. Haas, Asst. Public Works DirectorlParks Coordinator
SUBJECT: Schedule Joint Meeting with Park & Recreation Commission - Engineering
Di\TE: i\ugust21,2007
INTRODUCTION
This item is in regard to considering scheduling a joint meeting with the Park & Recreation
Commission.
DISCUSSION
The joint meeting dates suggested by the City staff is as follows:
· Thursday, September 6th at 7:30 p.m.
· Thursday, September 20th at 7:00 p.m.
The items to be discussed at the joint meeting are as follows:
· Update of Park Comprehensive Plan/06-46D, Cont.
· Discuss the proposed 2008-2012 CIP that is being recommended by the Park Commission
· Discuss Andover Station North Ball Field Facility/Status of Playground Equipment/07-16
ACTION REOUESTED
The City Council is recommended to consider a joint meeting with the Park & Recreation
Commission.
Respectfully submitted,
~~
cc: Dan Masloski, Park & Recreation Commission
o
o
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator
FROM: Vicki Volk, City Clerk
SUBJECT: Reschedule November 6, 2007 Council Meeting
DATE: August 21, 2007
INTRODUCTION
State law prohibits meetings from being held between 6:00 p.m. and 8:00 p.m. on days
when elections are held;
Council can meet either at 8:01 p.m. on the 6th, Monday, November 5th, Wednesday,
November 8th or Thursday, November 9th. '
ACTION REQUIRED
Council is requested to reschedule the November 6,1007 meeting.
Respectfully submitted,
tJJ (),.j?
Vicki V olk
City Clerk
o
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
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule EDA meeting
DATE: August 21, 2007
INTRODUCTION
@
The Council is requested to schedule an Economic Development Authority (EDA) meeting at
6:00 pm before the September 4, 2007 City Council meeting.
DISCUSSION
o Tentative agenda items for an EDA meeting have been identified as follows:
1. Update on Economic Development Activities
2. Review Letter of Intent/Purchase Agreements
3. Discuss Redevelopment Opportunities
4. Site Plan Review
5. Other Business
o
Other items may be added upon request, or the meeting will be cancelled if no new
information comes forward on the identified agenda items
ACTION REOUIRED
Schedule an EDA meeting at 6:00 pm before the September 4, 2007 City Council meeting.
'--
o
o
o
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: Administrator's Report
DATE: August 21,2007
@
The City Administrator will give a brief verbal update on various items of interest to the City
Council and to the residents at the meeting. Listed below are a few areas of interest:
1. Administration & City Department Activities
2. Update on Development Activity
3. Update on Public Improvement Projects
4. Meeting Reminders
5. Miscellaneous Activities
Upon receipt of the meeting packet, if a member of the Council would like an update on a
particular item, please notifY me so an adequate update can be made.
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor & Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Items for August 21, 2007 City Council Meeting
DATE: August 21, 2007
The City Council is requested to receive the following supplemental information.
Consent Items
Add-On. Approve Raffle Permit! Andover Center Ice Club - Clerk
Discussion Items
Item #11. Consider Variance/Sideyard Setback/771 - 141 st Avenue NW (Supplemental) - Planning
Item #12. Consider Conditional Use Permit Amendment/Mosquito Control Building
Expansion/1280 Bunker Lake Blvd. NW (Supplemental) - Planning
Item #13. Consider Conditional Use Permit AmendmentlChurch/475 Andover Blvd. NW
(Supplemental) - Planning
G:\ST AFF\RHONDAA\AGENDA\SUPPLEMENT AL \2007\supplemental 8-21-07,doc
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
.-
CC: Jim Dickinson. City Administrator
FROM: Vicki Volk, City Clerk
SUBJECT: Approve Raffie Permit! Andover Center
DATE: August 21,2007
INTRODUCTION
The Andover Center Ice Club has submitted an application for a raffie that will be held
on Saturday, January 26, 2008.
DISCUSSION
The City can either: a) approve the application with no waiting period; b) Approve the
application with a 30 day waiting period; or c) deny the application.
ACTION REQUIRED
The City Council is requested to approve raffle permit with no waiting period.
Respectfully submitted,
IlL. tub'
Vicki V olk
City Clerk
Minnesota Lawful Gambling
LG220 Application for Exempt Permit
An exempt permit may be issued to a nonprofit organization that:
. conducts lawful gambling on five or fewer days, and
. awards less than$50,000in prizes during a calendar year.
:oR:G;A,fiI:IZAtl~!NINF~IMAtll~'N"""
orgR~d~:7~( Cenkr TtL C I kb
Type of nonprofit organization. Check ('V) one.
D Fraternal D Religious 0 Veterans ~ Other nonprofit organization
Mailing ad~ess J t2..\ J' Ci\)f d State/Zi~ Co~:/ I ,/1 c~unty ,
() Il5 ~Ove.,(( u u. ~n 'Ou€./ m n CVi hY 10 KCL
Name of chief executive officer (CEO) Daytime phone number
Page 1 of 2 6/07
Fee is $50 for
each event
.........................."......,.,.,................
For Board Use Only
Check #
$
Previous gambling permit number
'1-- L( 7 Co - 05 - 00 \
ATTACH A CQPV ;df=:OtifE' ;~f;t~~;f:OLL.QWIN
. ..., "." ....,.'...",...
* Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
_ NonprofitArticles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building, S1. Paul, MN 55155 Phone: 651-296-2803
-+ Internal Revenue Service -IRS income tax exemption [501 (c)] letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, send your federal 10 number and
the date your organization initially applied for tax exempt status to:
IRS, P.O. Box 2508, Room 4010, Cincinnati,OH 45201
_Internal Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS letter showing your parent organization is a registered nonprofit 501 (c) organization with a group ruling
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
_Internal Revenue Service - proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the Internal Revenue Service, no attachment is required.
e conducted (for raffles, list the site where the drawing will take place)
+.e..r '
Address $.90 not use PO box~ I ' I Ci~ -do
If.oZ5 C(oSsfoUJTl V tJCl. ttn Uf.-f
Date(s ,of activity lIor raffles, indicate the date of the drawin\12.
o...:-f-v..rda\. onu{tr;;lli, 'dCO
Check the box or boxes that indicate the type of gambling activity your organization will conduct:
o .Bingo ~ Raffles D .Paddlewheels D .Pull-Tabs 0 *Tipboards
~bka'
- B',co
fl'1 .
* Gambling equipment for pull-tabs, tipboards, paddlewheels, and btngo (bingo paper,
hard cards, and bingo number selection device) must be obtained from a distributor
licensed by the Gambling Control Board. To find a licensed distributor, go to
www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651-639-4076.
LG220 Application for Exempt Permit
L()CAL..ql'il!fl'I~;~~~!;~III~Nr:JJI~~III""1:.EO(;IVI!;Ifl':"
Page 2 of 2
6/07
If the gambling premises is within city limits,
the city must sign this application.
Check (V) the action that the city is taking on
this application.
_The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days (60 days for a 1 st class city).
_The application is denied.
Print city name
On behalf of the city, I acknowledge this application.
Signature of city personnel receiving application
Title
Date--'
I
If the gambling premises is located in a township, both
the county and township must sign this application.
Check (V) the action that the county is taking on
this application.
_The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days.
_The application is denied.
Print county name
On behalf of the county, I acknowledge this application.
Signature of county personnel receiving application
Title
Date
I
TOWNSHIP: On behalfofthe township, I acknowledge that the
organization is applying for exempted gambling activity within the
township limits. [A township has no statutory authority to approve
or deny an application [Minnesota Statute 349.213, subd, 2)]
Print township name
Signature of township official acknowledging application
Title Date I
The infonnation provided in this application is complete and accurate to the best of my knowledge. I acknowledge that
the financial report will be completedl,and retum t e Boa within 30 days of the date of our gambling activity.
Chief executive officer's signature
Complete an application for ea ,garbing acti
. one day of gambling activity\~
. two or more consecutive days of gambling activity
. each day a raffle drawing is held
Send application with:
a copy of your proof of nonprofit status, and
. $50 application fee for each event.
Make check payable to "State of Minnesota."
To: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Data privacy. This form will be made available
in alternative format (i.e. large prin~ Braille) upon
request. The information requested on this
form (and any attachments) will be used by the
Gambling Control Board (Board) to determine
your qualifications to be involved in lawful
gambling activities in Minnesota. You have the
right to refuse to supply the information
requested; however, if you refuse to supply
this information, the Board may not be able to
determine your qualifications and, as a
consequence, may refuse to issue you a
perm~. If you supply the information requested,
Date '3
I~O 10 7
Financial report and record keeping
required
A financial report form and instructions will be
sent with your permit. Within 30 days of the
activity date, complete and return the financial
report form to the Gambling Control Board.
Questions?
Call the Licensing Section of the Gambling
Control Board at 651-639-4076.
the Board will be able to process your
application. Your name and and your
organization's name and address wiI be public
information when received by the Board. All
the other information you provi:Ie will be private
data until the Board issues your permit. When
the Board issues your permit, aI of the
information provided to the Board will become
public. If the Board does not issue a perm~, all
information provided I'efTW1s private, with the
exception of your name and your organization's
name and address which will remain public.
Private data are available to: Board members,
Board staff whose work requires access to
the information; Minnesota's Department of
Public Safety; Attorney General; Commissioners
of Administration, Finance, and Revenue;
LegislativeAud~or, national and international
gambling regulatory agencies; anyone pursuant
to court order, other indMduals and agencies
that are specifically authorized by state or
federal law to have access to the information;
individuals and agencies for which law or legal
order authorizes a new use or sharing of
information after this Notice was given; and
anyone with your consent
t I) 1~1 13
PLANNING AND ZONING COMMISSION MEETING -AUGUST 14,2007
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on August 14,2007, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Chairperson Daninger, Commissioners Tim Kirchoff,
Michael Casey, Valerie Holthus, Devon Walton, Douglas
Falk and Dennis Cleveland.
Commissioners present:
Commissioners absent:
There were none.
Also present:
City Planner, Courtney Bednarz
Associate Planner, Andy Cross
Associate Planner, Chris Vrchota
Others
APPRO V ALOF MINUTES.
July 24, 2007
Motion by Walton, seconded by Falk, to approve the minutes as presented. Motion
carried on a 5-ayes, O-nays, 2-present (Holthus, Kirchoff), O-absent vote.
PUBLIC HEARING: VARIANCE (07-02) TO VARY FROM SIDE YARD SETBACK
REQUIREMENTS FOR PROPERTY LOCATED AT 771141sT A VENUE NW.
Mr. Vrchota stated the applicant is requesting a variance to the side yard setback to allow
for the construction of a deck.
Commissioner Walton asked if the original size was for lOx 13 or was it sized down.
Mr. Vrchota indicated it was the original plan.
Motion by Walton, seconded by Casey, to open the public hearing at 7:04 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
No one wished to address the Commission.
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2007
Page 2
Motion by Casey, seconded by Falk, to close the public hearing at 7:05 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Commissioner Walton asked by the photos shown in the packet, were the buckets where
the footings would be. Mr. Vrchota indicated it appeared to be that way.
Mr. Tim Ehlers, 771 141 st Avenue NW, stated the buckets were ten feet out from the
ledge.
Commissioner Walton asked if ten foot wide was what Mr. Ehlers wanted or was it to
minimize their concerns. Mr. Ehlers stated it is actually thirteen feet wide to match the
door but it is ten feet off the house. He stated this was the original size he was looking at.
Chairperson Daninger stated they have current zoning ordinances to try to eliminate some
of these issues. He wondered if staff had any idea how many they may see before what
they have done to correct this starts to work. Mr. Vrchota indicated they do not have any
idea but they could pull the surveys of homes built over time if needed. Chairperson
Daninger indicated they did not need that.
Commissioner Walton stated that was exactly why the correction was made and it fits
right in.
Motion by Walton, seconded by Casey, to recommend to the City Council approval of
the proposed variance. Motion carried on a 7-ayes, O-nays, O-absent vote.
Mr. Vrchota stated that this item would be before the Council at the August 21, 2007 City
Council meeting.
PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT (07-10) TO
ALLOW EXPANSION ON THE METROPOLITAN MOSQUITO CONTROL SITE
LOCATED AT 1280 BUNKER LAKE BOULEVARD NW.
Mr. Bednarz explained the applicant is requesting an amendment to their conditional use
permit to allow additional office space, a new storage building and additional parking
area.
Mr. Bednarz discussed the staff report with the Commission.
Commissioner Holthus wondered who the governing board was for the Metropolitan
Mosquito Control District. She wondered if it was owned by an individual.
Mr. Richard Gauger, President and Owner of Gauger Engineering, Inc., representing
Metropolitan Mosquito Control District for all oftheir construction work in all seven
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2007
Page 3
counties. He stated the Board consists of County Commissioners from all seven counties.
He stated this is a public entity created by the State.
Motion by Walton, seconded by Casey, to open the public hearing at 7:16 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Mr. Richard Gauger reviewed their plans with the Commission.
Commissioner Kirchoff asked if they have discussed combining access with the Highway
Department. Mr. Gauger stated that issue was discussed at the Park & Recreation
Committee meeting this past week and it was determined that the spacing is too great to
make the combination.
Commissioner Kirchoff asked if there was a concern with having irrigation. Mr. Gauger
stated they would work with staff as to whatever that would involve. He stated they have
very little green space available to them with the exception of the native plantings around
the site.
Mr. Wayne Gilbert, Architect, stated the reason for the no irrigation is they are
developing a sustainable green project on this site. One of the aspects of that is not
having irrigation and using natural or drought resistant plants.
Commissioner Holthus asked if they had a sample or photo of the metal material to be
used on the building. Mr. Gauger indicated it is intended to have the look of an EIFS or
stucco material and it is an insulated panel.
Chair Daninger stated the Sheriff s Department is making a new complex on the site next
to this and he wanted to make sure this was addressed and fits into their plans. Mr.,
Gauger indicated this is something they are aware of and the entire complex has been
looked at. He noted they are quite a ways east of what they are planning on doing.
Chair Daninger asked if this plan was the reason some of those trees were excavated in
the front of this building. Mr. Gauger stated nothing has been done on the property they
lease but work may have been done on the right-of-way for road improvements.
Chair Daninger indicated in the photograph in the packet shows landscaping and he
wondered if this was some of the landscaping they are going to see. Mr. Gauger stated
that was the concept plan and the Parks Department is providing input for this and the
type of trees. He stated they are in the process of making an application to the Building
Department for their review and there will be a more detailed presentation.
Mr. Gilbert showed the siding sample to the Commission for review.
Motion by Casey, seconded by Kirchoff, to close the public hearing at 7:28 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2007
Page 4
Commissioner Falk stated he would like to have irrigation at this site because he thought
it would enhance the building site. Commissioner Kirchoff agreed and thought it would
enhance the area around the building. He did not think the entire site would need to be
irrigated.
Chairperson Daninger asked if everyone was comfortable with the building architecture.
Commissioner Kirchoff stated he liked it a lot more than what was there now.
The Commission discussed possible wording in the motion for irrigation on site.
Commissioner Walton wondered if there was any need to go out the back side of this
development to tie into the big complex that the County Sheriffs Office is building. He
wondered if they thought that through. He also asked if there could be an opportunity to
have an access road back through the County towards Hanson for the large trucks. He
also thought if there is an opportunity for a frontage road with the County and their
offices and this one, he hoped they would bring it up and talk about it and come up with a
plan so there are fewer concerns with traffic on Bunker Lake Boulevard.
Motion by Walton, seconded by Falk, to recommend approval of the proposed
conditional use permit amendment with the proposed architecture illustrated in the
attachments and a variance for partial irrigation of the property and to have the applicant
work with staff to find a suitable compromise on the irrigation plan. Motion carried on a
7-ayes, O-nays, O-absent vote.
Mr. Bednarz stated that this item would be before the Council at the August 21, 2007
City Council meeting.
PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT (07-09)
AMENDING APPROVAL OF A CHURCH ON RESIDENTIAL PROPERTY
LOCATED AT 475 ANDOVER BOULEVARD NW.
Mr. Cross stated last December, Sambulsa of Minnesota, Inc. received approval for a
Conditional Use Permit to add a temple to an existing house located at 475 Andover
Boulevard. The applicants would like to change those plans and build a separate prayer
room on the site, leaving the existing house untouched.
Mr. Cross discussed the staff report with the Commission.
Commissioner Kirchoff wondered what they were going to do with the existing house.
Mr. Cross said it will continue to be a residence for the one person remaining on site.
Commissioner Walton stated they had a double driveway on the property and according
to the site plan they have a double driveway servicing the neighboring property. He asked
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2007
Page 5
if they are getting rid of the loop driveway that formerly serviced this property and he
wondered if they were fine with the distance to the comer on the new driveway. Mr.
Cross indicated they were. He stated the driveway that appears on the drawing is a rough
conceptual drawing and the one that will appear on the commercial site plan will undergo
a thorough review and will have to meet the minimum safety distance.
Commissioner Walton asked if the existing parking lot distance is far enough away from
neighboring property line. Mr. Cross stated that it was. The minimum setback for the
parking lot is twenty feet and there is also a screening requirement for around the parking
lot.
Motion by Walton, seconded by Kirchoff, to open the public hearing at 7:41 p.m.
Motion carried on a 7-ayes, O-nays, O-absent vote.
Mr. Jack Prescott, Member of Congregation, stated they are running on a small budget
and by building a separate building it will save them a considerable amount of money.
He proposed to just irrigate the screening on the south and east side of the building
because they will have someone on site at all times to water everywhere else.
Commissioner Falk wondered what the new structure will look like compared to the
existing one. Mr. Prescott stated the present building currently has a rough wood type of
siding on it and they will take the siding off that and replace it with vinyl to match the
new building.
Commissioner Kirchoff stated the reason they gave the variance for irrigation to the
Mosquito Control site was because they were planning on having natural draught
resistant plantings on site. He stated this was not given just because it was a conup.ercial
site. He stated there were two findings for the variance. Bunker Hills Park is a natural'
native vegetation area.
Mr. Bednarz thought it was important to understand the way the Code provides the
regulation for irrigation. He reviewed the code with the Commission.
Mr. Prescott indicated ifthey were to irrigate the entire property they would have
problems because they do not have City water.
The applicant showed the site plan of the area and explained where they planned on
putting the building, parking lot and landscaping.
Commissioner Falk asked if they are going to be putting in a larger septic. Mr. Cross
stated the Engineer has been looking at this and they will be required to submit a septic
system plan. ,
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2007
Page 6
Commissioner Falk asked ifthe driveway will be paved. The applicant indicated it
would be. Commissioner Falk asked if it would have curb and gutter. The applicant
stated it would.
Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:55 p.m.
Motion carried on a 7-ayes, O-nays, O-absent vote.
Commissioner Walton wondered if the parking lot would have lighting. Mr. Cross
indicated it would.
Commissioner Falk asked if the irrigation would be in ground or would it be above
ground sprinklers. Mr. Cross stated it would be in ground irrigation.
Chairperson Daninger stated if this was denied, this would go back to the original plan.
Mr. Cross indicated that was correct.
Motion by Walton, seconded by Holthus, to recommend approval of the Conditional Use
Permit amendment as presented. Motion carried on a 7-ayes, O-nays, O-absent vote.
Mr. Cross stated that this item would be before the Council at the August 21,2007 City
Council meeting.
WORK SESSION
A. Consider Interim Performance Standards for Hughs/Westview Industrial Parks
Mr. Vrchota stated a couple of months ago City Code Enforcement staff received a
complaint about a roll-off dumpster business being operating from a property in the
Hughs Industrial Park. After an inspection was done and the owner of the property was
contacted, it was determined thatthe rollcoffbusiness had been operating from the
property for nearly 2 years. Staff determined that a Conditional Use Permit (CUP) was
needed to operate the roll-off service on the property.
The City Code requires that when a commercial site is expanded or the use is changed so
that a CUP is required, the entire site be brought up to the City's zoning standards, :
including: parking lot pavement, curb and gutter, landscaping, lighting, etc. Based on the
types of businesses located in the area, the age of the properties, and current land values,
the property owners have indicated that it would not be financially feasible to make all of
the required site improvements.
In response to this issue, staff brought up two options for the Council to consider, as this
may also affect other property owners at Hughs/Westview Industrial Park. Option 1 was
to create a new zoning district, for instance an "1-2" zone, to establish a different set of
standards for the rural industrial park. Option 2 was to establish a set of interim
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2007
Page 7
performance standards that would be in place until city sewer and water become
available. After receiving input from the City Attorney, the Council decided that the
second option was preferable.
If the City were to create a set of interim performance standards in the City Code for use
in the rural industrial park, it would create some flexibility over how strictly the City's
zoning standards are applied to these businesses. This would allow the City to require
essential improvements to the properties while also allowing the businesses to expand or
be otherwise improved in a financially feasible way.
Mr. Vrchota reviewed the types of requirements that the City could offer flexibility on
and the return for the reduced zoning standards.
Mr. Vrchota stated the interim performance standards would be crafted so that they only
apply to the rural industrial park for the limited period of time. The intent is that the
interim performance standards would remain in place until city sewer and water services
are available to the industrial park. After these services are made available through the
Rural Reserve, all properties in the Hughs/Westview Industrial Park would need to be
brought into compliance with the performance standards that are in place at that time if
any further expansion, site improvements, or change of use is made.
Mr. Vrchota explained that the City cannot waive, modify, or vary from the Building
Code, Fire Code, or National Pollutant Discharge Elimination System (NPDES). Any
structural changes or expansion to the buildings or changes of use inside the buildings
would trigger Fire and Building Code requirements, possibly including the installation of
fire suppression systems. Expansion of impervious surface area would trigger storm
water ponding/treatment requirements under the NPDES. While meeting this
requirement could require a significant investment, they are not negotiable. Laws and
statutes adopted at levels higher than the City mandate that they be met.
Commissioner Holthus thought the interim performance standards that she read about in
the rural area made sense because they do not have City sewer and water and considering
the costs associated with putting in the curb and gutter and irrigation, she thought it made
sense. As far as how flexible they should be, she thought they should always look at
when they decide how much leniency they are going to give based on those previous
standards. She thought they should first consider safety. Will their decision affect or
create unsafe working or traffic conditions? They should consider the effect on the
general public, the neighborhoods around that area. She thought they should consider if
the general public is going to that location as customers and she thought they should also
consider if it is reasonable and appropriate. She stated they should discuss what level of
improvement they should expect so when a business expands or changes a user that
requires a CUP, they might have staff review some of the items and determine whether or
not they are appropriate and reasonable.
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2007
Page 8
Commissioner Cleveland asked when in the foreseeable future they can see City water
and sewer go that far north. Mr. Vrchota stated at this point it is difficult to pin a date on
that. He stated it all depended on when the Rural Reserve area develops. Commissioner
Cleveland stated he did not want to have an open ended interim time because that would
give the businesses an excuse not to improve their site.
Commissioner Kirchoff stated he liked what Commissioner Holthus said. He stated they
are trying to work their way to improving the area but easing up on some things and
getting towards what Commissioner Holthus stated. He liked the idea of having staff
review plans.
Commissioner Holthus thought they should be able to be flexible in this area because it is
a rural type of area and it may not be reasonable to require all the lighting that a typical
commercial area would be required to do. The applicant could go to staff to apply for a
variance because they felt it was not reasonable or appropriate in the area. She did not
know how much they want staff to accomplish or how much flexibility they would have.
Chairperson Daninger agreed with wondering how much flexibility to give staff. He
would rather have this set up as some sort of review standard.
Commissioner Falk thought there should be some sort of check and balance sheet for
commercial areas.
Mr. Bednarz stated what they have heard from the business owners out there is that they
are concerned with approaching the City with a CUP application because they do not
know what kind of requirements are going to come into play. He stated if they can put
some type of standard in place and be consistent with at least what they can look at or
consider would be helpful for them. He did not think a true case by case basis would
help.
Chairperson Daninger asked if their goal was to state there should be something and there
should be a set standard or is staff looking for the Commission to tell them what the
standard is. Mr. Bednarz thought they were looking for a yes or no answer whether this
is worth pursuing and if the answer is yes, he suggested instead of taking a numerical or
ratio approach, to take a look out there to see what is there now and think about if
someone wanted to expand an operation out there what they should do to make it right.
Commissioner Walton stated in the commentary it states "the property owners have
indicated it would not be financial feasible to make all the required site improvements"
and he believed they discussed thoroughly before with the used car dealership they were
trying to establish. They imposed standards on him that they have in place today and he
did not like it and came back twice but he did go by the standards they established and
put in a nice looking business out there. He stated this was also his comment that it
would not be financially feasible out there. He found a way to do it and got it done. If
the City made the used car business come up to their standards why should they develop
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2007
Page 9
interim standards just because they have one or two people making the same statements
he made at the very beginning? If anything, he was the one they should have given
variances and made exceptions for. He thought it would be wrong to change the
standards now for a couple of other businesses.
Commissioner Kirchoff explained he liked what was said but maybe it was a matter of
looking at use changes instead of what is being done on the property.
Mr. Bednarz stated the Council did allow a number of variances for the used car business
site. He stated a very substantial investment was made by the owner but not to the full
measure of the performance standards.
Chairperson Daninger asked how their performance standards compared to other cities.
He stated he was not in favor of changing the standards.
Commissioner Walton wondered how the roll off business came to be established in
Andover. Mr. Vrchota stated they are renting some back lot area from the property
owner who runs another business in the main building on the site and they are using part
of the back storage area.
Commissioner Walton asked if the business would have to leave Andover if the City did
not grant them some variances for their operation to run. Mr. Vrchota indicated that was
correct or they could apply for the conditional use permit and meet all of their
performance standards. He stated they would still need the CUP for the exterior storage.
What they are looking at is what improvements would need to be made to the site as part
of that approval.
Chairperson Daninger asked the Commission how they felt about this issue.
Commissioner Holthus thought it was a good idea to have the interim performance
standards. Commissioner Casey indicated he was leaning towards keeping it the same as
a precedence establishment. Chairperson Daninger indicated he also wanted to keep this
the same. Commissioner Kirchoff stated they need to keep it the same but they are open
to some of the variances that will go on with each individual property as they come
along. Commissioner Falk stated he would like to leave it the same and likes the
standards that the city has set. Commissioner Cleveland stated he was torn. He did not
like the idea of having a two tiered system. It doesn't seem that this is an unreasonable
request but he also did not think their standards are too high. Commissioner Walton
stated he wanted to leave it the same.
Consensus of most ofthe Commission was to leave this policy as is based on recent
history.
Commissioner Walton stated they have a variance process and there were some things
granted towards the end of the process to help the used car dealership come along and
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2007
Page 10
help get it completed but there was also a significant investment out there that was made
to get the business going.
Chairperson Daninger stated in reference to the used car dealership he had a lot of
neighbors ask him what was going to be done to make it look nicer because they drive by
it everyday and there is an expectation in Andover that they want their neighborhood to
look good. Commissioner Holthus did not think the interim standards are to allow things
to not look good. Chairperson Daninger stated that was correct but how long could they
not improve their property. Commissioner Holthus did not think it was something that
would create a lower standard or something that is not attractive. She thought it was
something to ease the current standards and make it more reasonable for those businesses.
, Chairperson Daninger agreed and indicated he was still willing to work on it because they
make it so difficult to not meet the standards that nothing gets done. Something that
Commissioner Holthus is suggesting is not something he disagrees with and there is some
merit there and if Council guides them to review that further they will.
Commissioner Walton stated a suggestion was made when they reviewed the used car
dealership about the applicant not know if the business will do good and that he did not
want to spend a lot of money to improve the site if it was not going to survive. The
applicant asked the City to allow him to try to get off the ground with the business and
get it going before the improvements were imposed and the City would not allow it.
They could have had that applicant do part of the improvements but that did not happen.
He thought they will be looking at this again in the near future.
B. Receive Copy of Land Use and Sewer Chapter of Comprehensive Plan for
future discussion.
Mr. Bednarz stated preparation of the decennial comprehensive plan update has reached a
point where substantive review can be made by the Planning Commission and City
Council.
Mr. Bednarz reviewed the intent ofthe future discussion with the Commission.
OTHER BUSINESS.
Mr. Bednarz updated the Planning Commission on related items.
Mr. Bednarz mentioned that on September 11, the St. Francis District is going to have a
bond referendum, which means the Commission cannot start their meeting until 8:01 or
they could move the date. The Commission decided to start the meeting at 8:01 p.m. on .
September 11,2007.
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2007
Page 11
Chairperson Daninger asked about Clocktower Commons and the progress. Mr. Bednarz
updated the Commission on what is happening.
Commissioner Walton wondered if a person can live on the Sambulsa church site because
he thought this was a commercial site or does it fall into another category. Mr. Bednarz
indicated the CUP for a church on a residential property is what they approved and is
really the same as it is for any church in town. Mr. Cross noted this does not change the
zoning of the property; it remains a residentially zoned property.
ADJOURNMENT.
Motion by Falk, seconded by Casey, to adjourn the meeting at 8:46 p.m. Motion carried
on a 7-ayes, O-nays, O-absent vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver OjJSite Secretarial, Inc.
.<
~~;;I-07
()..c--A.
August 21,2007
1. Thank you for evaluating the effectiveness and efficiency of
underground fencing.
2. Questions:
a. What is the time frame to complete analysis and recommended
action?
b. Would a video regarding the behavior of the dog that is of concern
be an effective visual aide in your evaluation?
c. How can I protect the neighborhood, my pets and myself while the
process is being addressed? To date I have taken the following
action:
Attended the work shop 7/24/07 and was able to participate in
the discussion.
Provided the counsel with information regarding underground
fencing delivered 8/8/07.
Discussed the situation and concerns with animal control -
Marlene (763.444.4247 H) & (763.229.4616 C)
Discussed with Anoka country sheriff's office (763.427.1212)
Obtained information regarding "Dog Behavior & The
Law," published by Animal Behavior Counseling
Services, Inc. of Los Angels, CA
3. What is an immediate effective way to change the quality of everyday
life and occurrences whereas 1 can reside safely at my residence and
not have to feel endangered when I.
Walk to and from my vehicle.
Pick up the daily mail delivery and newspaper.
Walk my dogs, walk alone, ride my bicycle, have
guests not fearful of attack without provocation.
Install a dog run for my pets and feel safe they are
protected.
Avoid disturbing my neighbors as my daily routine invokes
barking and menacing threatening behavior.
~1:.".c. Ultimatelvis underoround fencinq a danqer to public safety?
Do we wait until a serious incident occurs to evaluate the effectiveness
or take action prior to creating a news headline like the Minneapolis dog
attacks?
DOG BEHAVIOR & THE LAW
Published by
ANIMAL BEHAVIOR COUNSELING SERVICES, Inc.
Los Angeles, CA.
&
Richard H. Polsky, Ph.D.
Canine Behavioral Expert and Consultant
Vol. 1. No. 1.
Spring 1997
Internet: http://www.dogexpert.com
e-mail: abcs@westworld.com
Phone: 310- 474-3776 Fax: 310-475-2676
A Behavioral Perspective on
California's Dog-Bite Statute
Twenty-nine States, including California, have stat-
utes imposing strict liability for dog-related injuries. These
statutes make an owner liable, without having to prove fault or
negligence, if the actions of their dog cause injury to a person.
In California, the injury has to be the result of a bite (Civil Code
Section 3342). The "dog-bite" statute further stipulates that
an owner must take reasonable steps to protect the public from
their dog because of the dog's propensity for biting.
Due to the way the law is written, one could easily form
the impression that provocation and assumption of risk are
not viable defenses to liability under this law. This is a faulty
assumption. For example, in Gomes v. Byrne (1959) 51 Cal2d
418,333 P2d 754 the court stated: "In adopting section 3342
of the Civil Code, the legislature did not intend to render
inapplicable such defenses as assumptions of risk or willfully
invited injury. Therefore those defenses are available in all
proper cases. " In Smythev. Schacht (1949) 93 CalApp 2d 315,
209 P2d 114 the court ruled: "In adopting the statute the
legislature did not intend to make the liability of the owner
absolute and render inoperative certain principles of law such
as assumption of risk or willfully inviting injury. "
If a lawsuit invokes the dog-bite statute, then consid-
eration always has to be given as to whether provocation was
the impetus behind the attack. Likewise, the attorney also
needs to know if the plaintiff assumed the risk of being bitten.
From a behavioral perspective, contributory negligence of the
plaintiff - either due to assuming the risk of being bitten or
because of invited injury through a provocative act - is one of
the strongest defenses to counter liability under the dog-bite
statute. In California, if provocation or assumption of risk are
established then a plaintiffs recovery may be reduced in
proportion to their contributory fault.
For the purpose ofthe discussion which follows, provo-
cation refers to the antecedent behavioral actions of the
(continued on page 4)
From the Desk of
Richard H. Polsky, Ph.D.
Attorneys handling dog-related injury
cases may not fully understand all the
behavioral issues involved in these
kinds of lawsuits, It is partially for
this reason I created my newsletter. I
send it to you with my compliments.
Hopefully,from it, you'll gain a better
understanding of how an expert's knowledge of dog
behavior can be effectively used to support or counter
such legal arguments as assumption of risk, negligence,
provocation and a person's previous knowledge about
a dangerous propensities in a dog. Please do not
hestiate to call my office if you have any questions or if
you feel the need to discuss a case with me in greater detail,
Richard H. Polsky, Ph.D.
Certified Applied Animal Behaviorist
Meet Dr. Richard Polsky, Ph.D.
Richard Polsky, Ph.D. received his academic
training at The Ohio State Univ, (B.Sc. 1970) and then at
Leicester University (England) where he earned the doctor-
ate in animal behavior in 1976. After finishing his doctoral
studies, he served for two years as a Research Associate in
animal behavior at the University of Birmingham, (En-
gland). From 1976 to 1981, he was a post-doctoralfellow
at the Neuropsychiatric Institute, University of California,
Los Angeles, During his five years at UCLA, Dr, Polsky
devoted himself to further studies and research in the field of
animal behavior. Dr. Polsky is a member of the American
Psychological Association, Division of Comparative
Pyschology, He is certified as an applied animal behaviorist
through the Animal Behavior Society. Since 1981, Dr,
Polsky's practice has focused on the diagnosis and treatment
of canine and feline behavioral disorders, Currently he is in
private practice in West Los Angeles and he also holds a part-
time staff position at the Los Feliz Small Animal Hospital in
Los Angeles. Dr, Polsky has published over 50 papers in the
veterinary and animal behavior literature, He is the author
of the recently published text, "User's Guide to the Scientific
and Clinical Literature in Dog and Cat Behavior," Dr.
Polsky has served attorneys as an expert witness on over 125
occasions, equally split between plaintiff and defense,
Results of Recent Dog-Bite Litigation
Harrison v. Dieterman, Norwalk Superior Court. Case
No. VC016943. Judgement: $89,250 on 10/11/95
Jury Verdict: 12-0 liability and damages; 10-2 contributory
negligence. Trial Counsel: Plaintiff, Gregory Vanni (Thon,
Beck, Vanni Phillippi & Nutt, Pasadena); Defense, Michele
Ahrens (Tredway. Lumsdaine & Doyle. Downey).
The plaintiff, an 8 y,o boy. sued under the dog bite
statute as a result of an attack by the defendant's pit bull. Injuries
sustained to facial area were serious, The defendant claimed
$18.000 in current medicals and an anticipated $20.000 in future
medicals. The plaintiff also claimed post-accident emotional dis-
tress, The defendants did not accept total liability for the incident:
they argued that the attack may have been the result of contribu-
tory negligence of the child. Specifically. the defendants believed
that the child caused the dog to attack by poking it with a dart.
Prior to the attack the plaintiff was playing darts with the owner's
son and the dog was in their proximity. The plaintiff denied poking
the dog with the dart. Instead. he claims that he approached the
dog to pet the dog and the dog attacked, No warning signs were
given by the dog. The defendants claimed that the dog was well-
tempered and had never previously displayed any aggression to
any human or dog. On previous occasions. the plaintiff had been
to the house and had never experienced any problems with the
dog. From all accounts, including expert opinion rendered by a
behavioral expert on behalf of the defendants. the dog. despite
being of pit bull breed. was even-tempered and non-aggressive by
nature, The defendants argued that the only feasible explanation
for the attack was the contributory negligence of the plaintiff (e.g.
poking the dog with a dart). Personal communication to this
author from the attorney representing the plaintiff indicated that
this is what the some of the jurors believed, During trial. plaintiffs
counsel was unsuccessful in his attempt to exclude entry of the
darts as evidence. The amount of damages awarded the plaintiff
was considerably less than what plaintiffs counsel expected, Prior
to trial the demand was $200,000. The defense offered $100,000.
Riles v. San Francisco Housing Authority, San Fran-
cisco Superior Court, Case No. 945838; Judgement:
$197,128 on 6/20/95, Jury Verdict: 12-0 negligence.
Plaintiffs counsel: John Hughs (Law Offices of Mansfield
Davis, San Francisco); Defense: Jacob Burland (Cullom &
Burland, San Francisco).
The plaintiff. a 18 y,o. student, was attacked by two pit
bulls in the common area of a housing project located in San
Francisco. This project, Hunters View. was owned and managed
by the city of San Francisco, At the time of the incident, the dogs
involved in the incident were apparently under the control of two
young men who were illegal residents of the project. At trial.
evidence was introduced suggesting that the two men had placed
the dogs in an attack mode. However, instead of going after the
intended target, the dogs spotted the plaintiff as she was walking
nearby and attacked her. Damages to the plaintiff consisted of
bites and scarring on both legs and sensory damage to the right leg.
There was no functional disability. The plaintiff brought a com-
plaint against the City for negligence and maintaining a dangerous
condition on public property, Plaintiffs attorney argued that
housing authority officials knew about the presence of pit bulls in
the project. and these dogs were regularly trained to fight in the
common area in the presence of the people who lived there and that
they were being used for guard dog purposes by drug dealers. This
policy was contrary to the housing authority's policy forbidding the
keeping of animals. Prior to the incident complaints had been
made to the housing authority about the presence of the dogs. The
defense posture was that the housing authority acted reasonably in
handling the inherently dIfficult problem of drug dealers and their
dogs. They further argued that government regulations made it
difficult to enforce its lease provisions and pet policy,
MaIm v. Snell, San Diego Superior Court. Case 656248
Judgement: $87,800 on 6/29/94; Plaintiff found 85% con-
tributory negligent reducing award to $13,170. Directed
verdict against defendant on issue of liability, Motion for new
trail and additur granted. Additur: $137,801. Settled for
$120,000. Plaintiffs Counsel: Joaeph Ruff (Harrigan, Ruff,
Ryder & Sbardellati, San Diego); Defense: Kenneth Kleeger
(prestholt, Putak, Kleeger, Fidone & Villasenor, Los Angeles).
A 42 y.o. dental assistant owned 4 dogs. one of which was
an adult male Rottweiler. She allowed her daughter to take onto her
premises a fifth dog, a Chow, on a temporary basis, The Chow.
owned by the defendants. could not stay in the defendant's home
because of the dog's recent attack on a neighbor. The defendant's
son (boyfriend to the plaintiffs daughter) instructed the plaintiffs
daughter to keep the dog in a 8 x 12 ft. pen in her rear yard. The
girlfriend's mother (e,g. the plaintill) began caring for the Chow (e.g.
feeding). After approximately 10 days. she let the Chow out of the
pen. supposedly at the suggestion of the defendant. The defendant
denies this, A fight broke out between the Rottweiler and the Chow.
The plaintiff shouted at the dogs to stop and the Chow turned and
attacked the plaintiff causing numerous injuries, Plaintiff attorneys
argued that the defendant was strictly liable under Civil Code
sections 3342 and 3342.5. The defense argued that the plaintiff was
comparatively negligent because she knew of the Chow's aggressive
tendencies and because she was told not to interact with the dog and
not to let the dog out of the pen,
Valdez v. Humpton, Orange Superior Court, Case No,
Confidential. Settlement: $300,00 on 9/9/96. Trial Coun-
sel: Plaintiff, John Barton (Law Offices of John Barton,
Newport Beach); Defense, Delos Brown (Brown & Peterson,
Agoura Hills).
The plaintiff. a 36 y,o. construction worker. was the guest
in the defendant's home when he was attacked by the defendant's
Chow chow. The dog had a history of previous aggressive episodes,
both towards people and other dogs. The incident happened shortly
after the dog was brought into the house. The plaintiff was seated
in the living room. Moments earlier. the dog had been in a fight with
another dog in the front yard of the defendant's residence, The
plaintiff claimed that the dog was aroused as a result of the fight and
should have been placed in another part of the house before being
allowed in the proximity of guests, The defense argued that the
plaintiff provoked the dog by gesturing in the direction of the dog
and that the plaintiff may have been intoxicated with alcohol at the
time of the incident. The dog bit off seventy percent of the plaintiffs
right ear. Substantial reconstructive surgery had been done or was
planned. The plaintiffs treating physician testified that reconstruc-
tion of an amputated ear is a complicated procedure involving four
to five surgeries over a period of a few years, The plaintiff argued that
the defendants were strictly liable for the damages under the dog
bite statute, Trial started but was suspended in order to complete
the deposition of the plaintiffs treating physician. The case settled
for S300.000 (policy limits) after the deposition,
2
Breed Profile:
Estimates indicate that between 300,000 and
1.5 million wolf-hybrids are currently being kept as pets
in the United States. Relative to other breeds of dog, the
Humane Society ofthe United States reports a dispropor-
tional increase in the number of serious attacks on
humans by wolf-hybrids in the last several years. As one
might expect,a significant number of these attacks have
resulted in lawsuits. This trend is likely to continue. Thus,
knowledge about the character of this animal should be of
interest to the attorney handling a personal injury case
involving a wolf-hybrid. ,
A hybrid is defined as any dog that is part wolf.
Usually, hybrids range between 50% - 95% wolf, although
often this is, at best, an approximation. They're usually
crossed with working breeds that look similar to wolves,
such as malamutes and huskies. Certain physical traits
set the hybrid apart from pure-bred dogs. Their inner ears
are usually hairier, they shed heavily on their legs and feet
in the summer, they have tuffs of hairs on their cheeks,
and they have longer bones and a narrower chest. Behav-
iorally, they differ from dogs because they tend to be
howlers, they carry their head lower, they ambulate with
a slinking gait, they're extremely apt at escaping from
enclosures, they are difficult to housebreak, they tend to
facilitate each other's behavior quite readily while together
in a group, they're prone to react with aggression when
challenged in a dominant manner by an owner, and they
seem to be more inquisitive and exploratory. Some de-
scribe the hybrid as more "intelligent" than dogs. Like the
differences that exist between wolves and dogs, the behav-
ioral differences present between hybrids and dogs are
probably one of degree. That is, both hybrids and dogs
have the potential to display similar kinds of behavior.
Both can become aggressive, both will bury food items,
both will explore and hunt, both will problem-solve, etc.
What is the nature ofthe hybrid? To understand
this, we must first appreciate that the hybrid, by defini-
tion, is part domestic dog. Because of their breeding,
offspring resulting from the cross between a wolf and dog
are likely to inherit temperamental features common to
both. Breeding a dog with a wolf is likely to produce an
The Wolf-Hybrid
I
animal with both dog-like and wolf-like behavioral fea-
tures. Like the dog, hybrids inherit the capacity to become
socialized onto and bond with humans. The temperament
of the hybrid is usually much different from the typical
wary temperament of the pure-bred wolf, however.
Despite its inherent tendency for affiliation with
humans, the hybrid still retains its naturally strong
proclivity for predatory behavior. This inborn tendency is
usually much stronger than that found in the typical
domestic dog. Further, this tendency is unlikely to be
eradicated within a few generations of breeding with
domestic dogs. In short, the strong proclivity for preda-
tion stays fixed in the hybrid.
The combination of traits of friendliness to hu-
mans with strong predatory inclinations have led some to
conclude that hybrids are "biological time bombs." 1 Should
the hybrid be regarded as a dangerous animal? Certainly
individual differences exist. but overall this conclusion
seems justified in light of recent epidemiological statis-
tics.2 Relative to other breeds of dog, data show an
increase in fatal attacks on humans by wolf-hybrids in the
last five years. However, attacks by Rottweilers and
Chow-chows have also increased in recent years. Would
it also be fair to conclude that Rottweilers and Chow-
chows are dangerous animals?
Like the tremendous danger an untrained, inad-
equately socialized or poorly bred Rottweiler or Chow-
chow presents, the wolf hybrid also presents a substantial
danger to public safety because of its innate tendency to
display predatory behavior. Anyone with common sense
should realize that extreme caution is needed when
considering the hybrid as a pet. The fact that there has
never been a documented attack by a wolf on a human in
the wild should not be taken to mean that the hybrid is
void of aggressive behavioral tendencies. On the contrary,
place the hybrid in an urban environment, where the
appropriate stimulation to elicit a predatory reaction is
commonly found (such as joggers or children moving on
skateboards or bicycles), and it is likely that predatory
behavior will be displayed. Owners of hybrids should not
be lulled into a false sense of security because of their
friendly demeanor to family members. Owners should not
be led to believe that training and early socialization will
be enough to lessen the hybrid's proclivities for predation.
Strong predatory tendencies are part of the hybrid's
nature thereby making it a potentially dangerous animal
to keep as a pet in an urban environment.
References
I Gloyd. J, Wolf Hybrids - a biological time bomb? JAVMA.201:381-382;
1992,
2 Lockwood, R. Dangerous dogs revisited. Humane Soc.iety United States
News, Fall. 20-22;1992,
3
I Dog-Bite Statute, con't.1
plaintiff which have the immediate effect of eliciting
an aggressive response from the dog. Examples often
found in lawsuits include such actions as straddling,
bending over, petting, stroking, handling, pulling or
pushing, hugging, kicking or striking the dog. As-
sumption of risk is not directly concerned with the
plaintiffs behavior but rather with the plaintiffs
knowledge about the behavioral propensities in the
dog. Used in this way, assumption of risk is secondary
rather than expressed (e.g. liability waiver) or primary
(e.g. inherent occupational risk, such as a veterinar-
ian). I distinguish between these two forms of con-
tributory negligence, provocation and assumption of
risk, because there is a behavioral basis for their
separation. In published case law, the terms have
often been used interchangeably (1993) 11 ALR5th
127. In this article I will focus on the issue of
provocation. In my next newsletter, I will discuss the
issue of assumption of risk as it relates to the dog-bite
statute.
Court rulings on provocation
Verdicts rendered in Superior Court through-
out California clearly demonstrate the use of provoca-
tion as a successful defense to counter liability under
the dog-bite statute (Roeser v. Collole, San Fernando
County Case No. NV 08512; Clark v. Damien, San
Mateo County Case No. 269411; Quan v. Reicken,
Sacramento County, Case No. 282252; Anderson v.
Fuglestad, Ventura County, Case No.102176;
McQueen v. Butler, San Joaquin County, Case
No. 159230) .
On the other hand, the few published Califor-
nia appellate cases where the issue of provocation was
reviewed, rulings have been for the plaintiff (crouch-
ing over and petting a dog, Symthe v. Schacht, supra;
(1949) 93 Cal App 2d 315,209 P2d 114; reaching
down to pet a dog, Ellsworth v. Elite Dry Cleaners
(1954) 127 Cal App 2d 479; feeding a dog, Burden v.
Globerson (1967) 252 Cal App 2d 468, 60 Cal Rptr
632). These rulings should not be interpreted as a
dictum against the provocation as a defense under the
dog-bite statute. Instead, they indicate that the
circumstances ofthe particular case under review did
not warrant ajudgment that provocation occurred.
In contrast, rulings from appellate courts in
other States have sided with the defense. A few
examples follow:
(a) Palloni v. Smith, (1988) 431 Mich 871, 429
NW 2d 593. A Michigan court ruled that hugging a dog
by a 2 year old was sufficient provocation to cause the
dog to bite. The court ruled that althoughthe plaintiff
did not intend to provoke the dog, the act nevertheless
was sufficiently provocative.
(b) Nelson v. Lewis, (1976) 35 III App 3d 130,
344 NE 2d 268. An Illinois court ruled that the
stepping on the tail of a normally non-aggressive dog
by a 2 y.o. girl was provocative despite the fact that the
girls actions were unintentional.
(c) James v. Cox (1981)130 AZ 152,634 P2d
964; Toneyv. Bouthillier (1981) 129 Ariz 402,631 P2d
557. The court in each of these decisions ruled that
unintentional provocation is a defense under the
Arizona dog-bite statue. The courts viewed provoca-
tion as dependent on whether the actions caused the
animal to react rather than the intent of the actor.
(d) Reed v. Bowen (1986) Fla. App. D2 503 So
2d 1265, 11 Fla. 2254. In Florida, the dog-bite statute
requires that provocation must be committed "mis-
chievously" or "carelessly". Based on this, the court
ruled in favor of the defense in a case involving the
intentional pulling on a dog's chain by a 4 y.o boy.,
Shortly before the incident happened, the boy had
been instructed not to bother the dog. The boy also
testified that he was "bugging" the dog.
The liability of children
In Reed v. Bowen the court ruled that the boy's
age was not a bar to his contributory negligence.
Likewise, in Illinois (Nelson v. Lewis, supra (1976) 35
III App 3d 130, 344 NE 2d 268, Michigan (Palloni v.
Smith, supra (1988) 431 Mich 871,429 NW 2d 593,
and Arizona (Toney v. Bouthillier, supra (1981) 129
Ariz 402, 631 P2d 557) courts have ruled that a child
can be found contributory negligent. However, in
California, if the victim is 7 years of age or younger,
then a defense based on provocation may be inad-
equate (Green v. Watts (1962) 210 CalApp. 3d 36,266
Cal Rptr 734).
Questions about provocation
Ruling that the plaintiffs behavior was pro-
vocative appears to depend on whether the act could
foreseeably elicit an aggressive response from the dog.
In the cases cited above, foreseeability appears to be
the key element influencing a court's decision. The
question of foreseeability is essentially a question
about animal behavior. It is here where the interests
of the applied animal behaviorist overlap with that of
(Continued on page 5)
4
Dog-Bite Statute Con't.
the attorney. The animal behaviorist is knowledgeable
about the kinds of behavior from people that could
foreseeably elicit aggression in a dog. The attorney
needs this knowledge to either support or refute the
notion of provocation.
Certain questions need answering before con-
cluding that the dog's aggression was a foreseeable
event to the plaintiffs behavior, and hence provoca-
tive: They are discussed below. The relative weight
assIgned to each in determining if provocation oc-
curred will vary from case-to-case.
(a) What Did the Plaintiff Do to the Dog?
What were the exact actions of the plaintiff
towards the dog the moment the incident occurred?
The behavior of the plaintiff hours or minutes prior to
the incident also needs to be assessed. Was the
reaction of the dog something one would have expected
given the temperament or breed of the dog? Did the
dog overreact in response to the plaintiffs actions?
These questions require expert opinion from an animal
behaviorist to be satisfactorily answered. The answer
~o these questions also becomes extremely important
If one becomes suspect of the plaintiffs testimony.
Frequently, however, such testimony cannot be di-
rectly refuted because the plaintiff is the only witness.
In a situation like this, behavioral reconstruction can
be undertaken to determine if the dog was capable of
behaving in the manner consistent with what the
plaintiff says happened. A common example consists
of the fence-jumping dog. In several lawsuits I have
worked on, the plaintiff claimed that he was bitten as
a result of the dog jumping over the fence or because
the dog jumped high enough to clear the top of the
fence with its snout. In order to substantiate this, and
hence confirm the plaintiffs version, one has to as-
sume that the dog in question has the ability to clear
the height of the fence and the desire to act protectively
aggressive. Further, in order for this to happen, the
dog must be large enough to extend its body far
enough over the wall to reach the plaintiff. In those
cases which I have reviewed which this supposedly
happened, I concluded that the dog was not physically
or motivationally capable of doing wht the plaintiff
claims it did.
Certain acts, whether they are intentional or
not, have the potential of provoking a dog into a display
of aggression (Polsky, Veterinary Practice Staff,
1990,Vol. 2. No.2. pp. 37-39). Often the motivational
basis of a dog's aggression is one of dominance, fear,
predation, or protection. In other cases, pain may be
involved. Animal behaviorists know that pain can
immediately trigger aggressive responding in a dog.
Moreover, this type of reaction can readily be condi-
tioned to previously neutral features in the dog's
environment, such as a person, thereby causing the
dog to respond with aggression to the person for no
apparent reason. This is what happened in the case
of Pentz v. Zimenthal (1994, Alameda County Case
No. H-170261-9). The plaintiffwas awarded $290,000
at MSC for a bite that ripped off the right side of her
nose. The dog did not know the plaintiff that well.
She was a guest to the owner's home on Christmas
day. Earlier that day, the dog had experienced a
painful event caused by the defendant's foot acciden-
tally hitting the dog when in very close proximity to
the plaintiff (the plaintiff was talking to the owner
who was seated in a chair next to the dog). The
attack, which occurred several hours later, hap-
pened as the plaintiff started to bend down to pet the
dog. The attack appeared unprovoked. However, it
was probably the result of the earlier negative asso-
ciation the dog had formed towards the plaintiff.
Other common actions that could easily elicit
~n ag~ressive re,action' from a dog include quickly
mvadmg the dog s personal space, kicking or bump-
ing.ir:to ~he d~g, intentionally thwarting an ongoing
actIVIty m whIch the dog is engaged, and even an
apparently innocuous act like hugging a dog. Not all
?og.s . react in a similar fashion. Each dog is an
mdIvIdual. The merits of arguing provocation in any
case have to be decided on a case-by-case basis.
(b) What was the Temperament of the Dog Like?
Next, one needs to assess the temperament of
the dog. Differences exist among dogs in terms of the
likelihood of reacting with aggression in response to
interaction from a human. Some dogs have a hair-
trigger response while others do not. Such indi-
vidual differences might be due to genetic differences
between breeds, internal changes caused by medical
problems or the use of medications, or differing past
experience. Whether an act can be construed as
provocation therefore depends, in part, on the his-
tory of the dog and its hereditary make-up. As
stated, each case has to be evaluated individually.
~enerally: the argument for provocation is stronger
Ifthe dog m question has a history of behaving non-
aggressively and belongs to a breed not known for
their aggressive tendencies (e.g. poodles, Golden
retrievers, Labrador retrievers).
(continued on page 6)
5
Do Behavior & The Law 6 Spring, 1997
Dog-Bite Statute, Con't.
(c) In What Context Did the Incident Occur?
Last, the context in which the incident
happened also needs to be carefully assessed. For
example, many dogs are more likely to respond
with aggression when they are in their own terri-
tory. Certain kinds of aggression in a dog may be
enhanced if the dog is habitually chained, if it is in
the presence of other dogs (e.g. mutual facilitation
of aggression), if it is in the presence of the owner
(e.g. protection of the owner), or if it is forced into
a situation which it doesn't like (e.g. placed in an
examining room of a veterinary hospital).
In sum, from a behavioral perspective, cer-
tain criteria need to be considered before stating
with certainty that the plaintiffs actions were pro-
vocative. The following factors have to be taken into
account: (a) The nature of the act by the plaintiff, (b)
the nature of the dog, and (c) the socio-environmental
context in which the incident happened. In general.
the dog's aggression has to be an immediate response
to the plaintiffs actions. There should be no evidence
of similar kinds aggression displayed by the dog in the
past. Generally, the plaintiffs actions have to be of the
kind that would inherently cause a dog to experience
pain, become threatened, irritated or frightened. The
above mentioned factors interact with each other and
must be assessed on a case-by-case basis in order to
determine if the dog's reaction to the plaintiff actions
was foreseeable or predictable. In my next newsletter,
I will discuss behavioral aspects of the assumption of
risk argument as it pertains to the dog bite statute.
O::JO
DOG BEHAVIOR & THE LAW
A newsletter for attorneys involved in dog-bite litigation
(Q 1997 Richard H. Polsky, Ph.D., Publisher
ANIMAL
BEHAVIOR
COUNSELING
SERVICES, Inc.
2288 Manning Avenue Los Angeles, CA. 90064-2002 AddressCorrecaonRcquesred
(310) 474-3776 Fax (310) 475-2676 e-mail: abcs@westworld.com
Click here to print or select File then Print from your browser
Minnesota lawmaker Working to Get Five Dog Breeds Banned
Akitas, Chows, Pit Bulls, Rottweilers and Wolf Hybrids Are the Focus
By Sussy
Friday's Minne9PQUs $J9rTribLJne reported that, in response to two high-profile pit bull attacks against children, Minnesota DFL State Rep, John
Lesch will sponsor a bill during next year's legislative session to ban five popular dog breeds in the state: akitas, chows, pit bulls, Rottweilers
and wolf hybrids. Currently, state law prohibits cities from banning dogs according to their breed. The Tribune says some municipalities have
made attempts to enforce laws against certain breeds, but those laws often have been challenged,
No doubt there will be plenty of opposition to such a wide-sweeping legislative proposal. Opponents to breed-specific banning laws argue that
such laws are unfairly based solely on the breed of a particular dog, as opposed to a dog's conduct. Mike Fry is the executive director of a no-kill
shelter in Hastings, Minn. According to the Tribune, Fry says the number of reported dog bites has actually decreased in recent years, Further,
Fry said, a pit bull does not belong to a specific breed, He said the American Pit Bull Terrier, the American Staffordshire Terrier and the
Staffordshire Bull Terrier all have physical characteristics of the so-called pit bull, and are often identified as pit bulls,
The term "pit bull" originally was a name given to dogs that had been bred for fighting and killing other animals. Their physical characteristics
generally consisted of exaggerated jaw muscles, heavy or thick necks and shoulders, and a large physical mass,
In the United States, there has been a great deal of negative publicity with regard to both Rottweilers and pit bulls, However, wolf hybrids, akitas
and chows have drawn much less attention in terms of aggressive behavior.
Interestingly, the pit bull has been banned in the Netherlands since 1994. In order to identify the pit bull from breeds with similar physical
characteristics, the owner of a "legal" dog is required to have a dog passport and the dog's pedigree with them whenever out in public with their
dog. The dog also has to have an implanted transmitter so authorities can confirm the dog and the pedigree match, If a non-pedigreed dog is
determined to be a pit bull, the dog is euthanized, and the owner may face felony charges. The Tribune says if Rep, Lesch's proposed
legislation eventually becomes law, anyone who owns one of the banned breeds could be subject to as much as 90 days in jail and a fine up to
$1,000.
Unlike Rep. Lesch's proposed legislation to ban five breeds, the Netherlands' ban is limited to pit bulls. However, most experts agree that single-
breed bans usually fail because people who are motivated by a desire to own aggressive dogs will simply find another breed to accomplish their
purpose, Rep. Lesch has not said why he will propose banning the four other breeds.
Sources:
Minneapolis Star Tribune, Bill would ban five dog breeds in state, http://www.startribune.com/587/story/1249499.html
Dog Bite Law (www.dogbitelaw.com)
2007 @ Associated Content, All rights reserved.
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