HomeMy WebLinkAboutCC September 18, 2007
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DATE September 18.2007
ITEMS GIVEN TO THE CITY COUNCIL
~ August 2007 Monthly Building Report
~ Revised Landscaping Plan/Mosquito Control Expansion
~ Woodland Hills Preliminary Plat
PLEASE ADDRESS THESE ITEMS AT THIS MEE'FI~GeR PUT THEM<ON
THE NEXT AGENDA.
THANK YOU.
G:ISTAFF\RHONDMIAGENDAICC L1ST,doc
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, - CITY OF ANDOVER
2007 Monthly Building Report
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I
TO: Mayor and City Council
FROM: Don Olson . .
AUGUST
BUILDING PERMITS Permit/Plan Tax Total Valuation
8 Residential $ 15,094,44 $ 601.50 $ 15,695.94 $ 1,203,000,00
4 Single Family 4 9,635,68 366,50 10,002.18 733,000,00
Septic -
4 Townhome 4 5,458,76 235,00 5,693,76 470,000.00
4 Additions 2,539,84 52.55 2,592,39 105,100.00
4 Garages 1,981.31 37.30 '2,018.61 74,600.00
4 Basement Finishes 400.00 2.00 402.00
I Commercial Building 5,049,25 235.30 5,284.55 468,610,00
Pole Bldgs/Barns -
Sheds I -
6 Swimming Pools 848,10 21.45 869,5':; 42,900,00
Chimney/Stove/Fireplace -
4 Structural Changes 525,00 8.40 533.40 15,800.00
5 Porches 1,772.50 31.00 1,803.50 62,000.00
15 Decks 1,509.15 22.50 1,531.65 45,000,00
Gazebos -
Repair Fire Damage -
303 Re-Roof 15,300,00 151.50 15,451.50
58 Siding 2,900,00 29.00 2,929,00
Other -
1 Commercial Plumbing 23,50 0,50 24,00 500,00
3 Commercial Heating 1,199,05 26,75 1,225,80 53,500,00
5 Commercial Fire Sprinkler 1,386.42 33,86 1,420.28 66,615,00
1 Commercial Utilities 622.46 12.00 . 634.46 24,000,00
Commercial Grading -
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430 Total Building Permits $ 51,151.02 $ 1,265.61 $ 52,416.63 $ 2,161,625.00
PERMITS Permit/Plan Tax Total Fees Collected
430 Building Permits $ 51,151.02 $ 1,265.61 $ 52,416,63
Ag Building -
Curb Cut .
I Demolition 100.00 100.00
Fire Permits -
Footing -
Renewal -
Moving -
33 Heating 1,850,00 16.50 1,866,50
14 Gas Fireplaces 900,00 7.00 907,00
39 Plumbing 2,500.00 19,50 2,519,50
86 Pumping 1,290.00 1,290,00
Septic New -
7 Septic Repair 400,00 3.50 403.50
9 Sewer Hook-Up 225,00 225,00
9 Water Meter 450,00 450.00
Sewer Change Over/Repair -
Water Change Over -
12 Sac Retainage Fee 201.00 201.00
9 Sewer Admin, Fee 135,00 135,00
9 Certificate of Occupancy 90,00 . 90,00
8 License Verification Fee 40.00 40.00
Reinspection Fee -
12 Contractor License 600,00 600,00
8 Rental License I 600,00 600.00
Health Authority - -
686 TOTALS $ 60,532,02 $ 1,312,11 $ 61,844,13 $ 2,161,625,00
Total Number of Homes YTD 2007 79
Total Number of Homes YTD 2006 111
Total Valuation YTD I 2007 $ 21,040,178,60
Total Valuation YTD I 2006 $ 22,416,517.48
Total Building Department Revenue YTD 2007 $ 407,689.49
Total Building Department Revenue YTD 2006 $ 516,084,09
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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 & Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Items for September 18, 2007 City Council Meeting
DATE: September 18, 2007
The City Council is requested to receive the following supplemental information.
Discussion Items
Item #8. Receive Anoka County Sheriffs Department Monthly Report (Supplemental) - Sheriff
Minutes for the following items:
Itetti #11. Consider Conditional Use PermitJRetail Sales in Industrial District/3131 _ 16151
Avenue NW (Supplemental) - Planning
Item #12. Consider Preliminary Plat/Woodland Hills/Ward Lake Drive (Supplemental)-
Planning
Item #13. Consider City Code Amendment/ 5-1 Animal Control (Supplemental) - Planning
Item #14. Consider City Code Amendment/Title 11 Subdivision Regulations (Supplemental)-
Planning
. Item #13. Consider City Code Amendment/ 5-1 Animal Control (Supplemental) - Planning
L.
SEP. 13. 2007 4: 51 PM PATROL NO. 2912 P. 2 CD
:8. CITY OF ANDOVER - AUGUST 2007
lITEM I AUGUST I JULY I YTD 2007 I AUGUST I
YTD 2006
Radio Calls 1,107 1,108 7,563 7,881
Incident Reports 995 1,001 6,984 7,210
Burglaries 16 8 75 111
Thefts 54 58 . 380 521
Crim.Sex Condo 3 0 10 15
Assault 9 3 62 101
Dam to Prop. 22 49 272 349
Harr. Corom, 16 11 105 121
Felony Arrests 17 10 . 61 70
Gross Mis. 9 8 57 45
Misd. Arrests 106 72 519 432
DUI Arrests 14 6 103 72
Domestic Arr. . 7 8 53 41
Warrant Arr. 13 17 87 105
Traffic Arr. 171 118 1,216 1,106
Dill OFFENSES:
DAY
OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday
WEEK:
TIME: 0035 0157 0040 0030 0014 0206
0134 0352 2112 0243
0208 2014 2152
2308
SEP. 13. 2007 4:52PM PATROL NO. 2912 P. 3
c. CITY OF ANDOVER - AUGUST 2007
COMMUNITY SERVICE OFFICER REPORT
lITEM I AUGUST I JULY I I AUGUST I
YfD 2007
Y1D 2006
Radio Calls 146 136 1,206 1,323
Incident Reports 124 122 886 861
Accident Assists 9 5 79 104
Vehicle Lock Out 32 27 237 268
Extra Patrol 119 100 1,090 2,002
House Checks 1 0 4 106
Bus. Checks 9 13 105 258
Animal Compl. . 53 403 411
47
Traffic Assist 12 8 72 77
Aids: Agency 158 161 1,150 1,563
Aids: Public I 62 60 554 738
,
Paper Service 0 0 0 1
Inspections 0 0 0 0
Ordinance Viol. 1 2 4 6
(1I1\~113+-~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
Will Neumeister, Community Develo
FROM: Courtney Bednarz, City Planner
SUBJECT: Planning Commission Minutes
DATE: September 18, 2007
INTRODUCTION
The minutes from the September 11 th Planning Commission meeting are attached.
DISCUSSION
These minutes address Items 11-14 on tonight's agenda as well as other business
discussed by the Commission.
ACTION REQUESTED
Please add the attached minutes to the packet.
Attachments
Planning Commission Minutes
PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 11, 2007
The Regular Bi-Monthly Meeting ofthe Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on September 11,2007,8:01 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff,
Michael Casey, Valerie Holthus, Devon Walton, Douglas
Falk and Dennis Cleveland.
Commissioners absent: There were none.
Also present: City Planner, Courtney Bednarz
Associate Planner, Andy Cross
Associate Planner, Chris Vrchota
Others
APPROVAL OF MINUTES.
August 28, 2007
Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion
carried on a 7-ayes, O-nays, O-absent vote.
PUBLIC HEARING: CONDITIONAL USE PERMIT TO ALLOW RETAIL SALES
IN THE INDUSTRIAL ZONING DISTRICT FOR ANOKA INDEPENDENT GRAIN
AND FEED DEALERS, INC. AT 3121161sT AVENUE NW.
Mr. Vrchota stated the applicant wishes to operate a retail feed store in an existing
building located in an industrial zoning district.
Mr. Vrchota reviewed the staff report with the Commission and noted condition four
should be stricken from the recommendation if a motion is made to recommend approval,
because the Fire and Building departments determined that sprinkling would not be
needed.
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 11, 2007
Page 2
Commissioner Casey wondered if the land is owned by the same person as the liquor
store. Mr. Vrchota stated that was correct.
Commissioner Casey wondered ifthey could share the parking with the liquor store to
make up for the space needed. Mr. Vrchota stated they could have an agreement for that
and there is also room directly south ofthe store space.
Chairperson Daninger stated there is an additional light on the subject property so there
are two lights covering the parking area. Mr. Vrchota indicated that was correct.
Motion by Walton, seconded by Kirchoff, to open the public hearing at 8:06 p.m.
Motion carried on a 7 -ayes, O-nays, O-absent vote.
No one wished to address the Commission.
Motion by Walton, seconded by Casey, to close the public hearing at 8:06 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Commissioner Kirchoff stated his only concern was that the site also remains in Anoka
because that is the one he likes to go to. He stated he was also glad to see them come to
Andover.
Commissioner Walton asked if they will have to see a landscaping plan. Mr. Vrchota
indicated they will need to submit a landscaping plan ifthat is one of the performance
standards the Council includes in the resolution.
Commissioner Walton stated he would like to see a little more landscaping but the
interim standards in the proposal are adequate.
Motion by Walton, seconded by Casey, to recommend to the City Council approval of
the proposed Conditional Use Permit subject to the conditions in the attached resolution,
striking Item Four. Motion carried on a 7-ayes, O-nays, O-absent vote.
Mr. Vrchota stated that this item would be before the Council at the September 18, 2007
City Council meeting.
PUBLIC HEARING: PRELIMINARY PLAT OF WOODLAND HILLS, A RURAL
RESIDENTIAL DEVELOPMENT CONTAINING 5 ACREAGE LOTS.
Mr. Bednarz explained the Planning Commission is asked to review a plat containing five
rural lots. The Commission previously reviewed a sketch plan for this project on June
13,2006.
Mr. Bednarz reviewed the case with the Commission.
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 11, 2007
Page 3
Commissioner Holthus asked if the south street connection the City is asking for, will
ever connect to the existing driveway on Ward Lake Drive. Mr. Bednarz stated the
driveway can be eliminated if the street were extended to the south with both lots fronting
on the cul-de-sac. Ifthe street is not extended to the south, they would assume that the
gravel driveway would continue to be used for the existing lot.
Commissioner Kirchoff asked if the property owner to the south needed to demonstrate
this is a buildable lot. Mr. Bednarz indicated that is staffs' recommendation.
Commissioner Kirchoff wondered if there has been any contact with that property owner
to see if they wanted to build. Mr. Bednarz stated a letter was sent by that property
owner requesting a street extension and he did speak with them about staffs'
recommendation so they are aware of it.
Commissioner Kirchoff asked ifthe street to the north would end as a cul-de-sac and
would the developer escrow those initial costs to get the road up to the property line at
some future date. Mr. Bednarz stated the way it is structured in the resolution is they
would determine those costs and would collect that through the development contract. At
this point they are not aware of what those costs area.
Commissioner Holthus wondered if their discussion about the south street connection is a
little premature because they do not know if those two lots are buildable or not.
Commissioner Holthus wondered if page 12 was the wetland mitigation plan and if iUs
could the mitigation plan be explained. Mr. Bednarz stated it was and reviewed the
mitigation plan with the Commission. He noted it was reviewed by the Lower Rum
River Watershed District and they have recommended approval with several conditions.
He stated FEMA has also approved the adjustments to the flood plain boundary.
Commissioner Walton asked if the property to the south develops buildability ofthetwo
lots, is the extension of the road then paid for by that property owner. Mr. Bednarz stated
the way this is structured in the resolution the Woodland Hills developer would eliminate
the cul-de-sac, extend the street to the property and provide a temporary cul-de-sac at
their expense then sometime in the future when the lot split would occur, the property
owner to the south would remove the cul-de-sac, extend the street slightly and build a
permanent cul-de-sac.
Commissioner Walton asked if the developer will need to incur more costs because
someone wants to develop in the future. Mr. Bednarz stated that was correct. He noted
that this requirement of their city code is more typically applied when they have a larger
area that can develop in the future. It is a little different than they would typically use
this requirement.
Commissioner Holthus stated ifthe south street connection is made, the cul-de-sac is
built on the upland area so will there need to be a lot of wetland mitigation occurring in
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 11, 2007
Page 4
order to make the two lots buildable or is the floodplain further out from those two lots.
Mr. Bednarz stated they do not know for sure if they can achieve those two buildable
sites so that is why they would ask they go through and do soil tests, etc.
Commissioner Holthus wondered ifthere will need to be a variance for another cul-de-
sac that will be over five hundred feet. Mr. Bednarz stated they would grant one variance
for the limits ofthis entire cul-de-sac.
Commissioner Walton stated on the road on the end, they are asking the developer to
contribute towards the future development of Ward Lake so the anticipation is all ofthis
is a paved area but the mouth ofthe development at Ward Lake is to remain gravel until
the future. Mr. Bednarz stated that is correct. He stated it would not make sense to pave
half of the section ofthis street at this time.
Commissioner Kirchoff asked what the person to the south would have to do in the next
sixty days. Mr. Bednarz stated they would have to get an engineer out there to do some
soil borings in the drainfield and building pad locations.
Commissioner Kirchoff wondered ifthey needed to table this item for sixty days or do
they need to get a resolution in place for the clock to start ticking. Mr. Bednarz stated the
way it is structured in the resolution is that they would have sixty days from the date of
the preliminary plat approval to demonstrate they have the two buildable sites and if they
either don't do that or do not find there are two sites, they would revert to the plan as it
exists now.
Motion by Falk, seconded by Walton, to open the public hearing at 8:31 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Mr. Dave Nash, MFRA and Joel Larson, Select Companies, Inc. were at the meeting.
Mr. Nash stated the cul-de-sac to the north is talked about in the report but is mentioned
they end the street before the creek and they extended it as far north as they could until
they hit a four to one slope going down to the creek so they were not going into the creek
bed and disturbing it. Based on that distance, their cul-de-sac became short enough that
they do not have to put in a cul-de-sac. He stated the Planning Commission received a
letter from Mr. Larson objecting to the street extension. A couple of other items not
discussed are when they look at extending it to the south, it c.uts their lot two in half and
takes away from the area lot two. There is a loss of value on that lot going from 2.5 acres
down that their client would not want. If that road did have to go through they agree with
what they have heard so far as they would like to see the property owner to the south
bearing that cost, there is no benefit to their client extending that road. He stated they
would like to see this approved as itwas approved in the concept plan but if not, they
would ask that the owner to the south be asked to bear that cost.
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 11, 2007
Page 5
Mr. Nash stated the owner is also opposed to the Ward Lake Assessment. He has never
heard of a project having to pay for a future road improvement. He thought they should
assess it to the current property owners that buy into this development when the road is
improved. If the Council asks for this payment, he requests the City Attorney review it.
He stated the way he understands assessments is that it would be illegal to even try to
assess this property as it is right now.
The Watershed and FEMA have approved the wetland mitigation. They plan to work
with Mr. Bednarz as to whether they will have to actually do a CUP or not. He stated
they are mitigating some wetland at a rate of 2/1 and they also as a part of FEMA, they
are impacting floodplain but they are mitigating that at a rate of 1/1 and that is taken care
of on their plan.
Commissioner Kirchoff wondered what the sixty days for the property owner to the south
does to this project, he wondered if this would require them to get back into the FEMA
process and maybe not be as lucky. Mr. Nash stated they could not answer that because
they have not looked into the property to the south. If they were going to be impacting
floodplain, they would have to go through their own application with FEMA and it would
be separate from theirs. The sixty day delaying, they are assuming, they get approval
from the Planning Commission tonight, Council next week, they could start grading right
after that and the goal is to at least get some grading done this year. The sixty day delay
is going to push everything to next year.
Chairperson Daninger wondered how many trees they were planning on taking out of the
area because it is a pretty heavily wooded lot. Mr. Nash stated there is a tree preservation
plan on there and they actually tried to save the trees they could. He thought it was
around fifty percent of the trees but were trying to save the significant existing trees
around the site. Mr. Bednarz stated several of the lot pads that have the CG notation on
them means they will be custom graded so the lot pad might shift if there are desirable
trees for a future builder/homeowner.
Commissioner Falk stated on page nineteen, ifthe extension goes through, the secondary
septic system on block one southwest corner, what is the requirement to have that next to
the road. Is it common to have them next to the road or further off the road? Mr.
Bednarz stated it would need to be located outside of the right-of-way and outside of the
ten foot wide drainage utility easement. It would need to be shifted from where it is
shown now.
Motion by Kirchoff, seconded by Casey, to close the public hearing at 8:40 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Commissioner Holthus wondered where the gravel starts on Ward Lake Road and where
the tar ends. Mr. Bednarz showed on the location map this area.
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 11, 2007
Page 6
Commissioner Walton wondered if this is a paved road with curb and gutter or is it a flat
rural tarred road. Mr. Bednarz stated the road is crowned with a county ditch type
design. There are no curb and gutter presently.
Commissioner Walton asked how far beyond the entrance to this development would it
extend. Mr. Bednarz showed on the map where the tar ends. Commissioner Walton
thought the discussion was they did not want to pay for their half ofthe road development
for now because it may be developed in the future, wouldn't they see increased
desirability if they helped pay for the paving of the road from the dead end spot to the
entrance oftheir development. Then their development becomes that much more
desirable because everything else beyond that development is gravel but if it was paved
all the way from Hanson out to the development it would be something they would want
to work out.
Chairperson Daninger stated road improvements are not just for the property but for the
surrounding area. Mr. Bednarz stated it is benefiting more than just the property but
generally when they apply the requirements it is to address the safety of the people
entering and exiting the development. In this case they are not asking for turn lanes
because it is not a busy road. Because it is a gravel road surface and because it is part of
an overall area that will develop further, staff feels they should pay a share of that Qverall
improvement.
Commissioner Walton agreed and thought there was also a benefit to the people already
living on the tar road. Commissioner Kirchoff thought the developer would have more
for their $10,000 otherwise the money could sitthere for a long time before the road is
developed in the future. Mr. Bednarz stated there is no movement afoot to pave the road.
Chairperson Daninger stated the road to the north was actually a road without an end and
not a cul-de-sac.
Commissioner Kirchoff asked if the developer needed to escrow for the undeveloped
piece so the road can be brought to it in the future. Mr. Bednarz indicated that was
correct. They would collect the amount that would be determined to bring the road to the
property line as proposed.
Chairperson Daninger stated one of the variances they are assuming they will grant is the
length of the cul-de-sac but what ifthey said five hundred feet only, that would change
the whole scope of this but how does that affect the neighboring property to the south if
they said they are not granting the variance, does that mean the land would be
landlocked. Mr. Bednarz stated it would. He showed where the road would end at five
hundred feet and stated it would also affect the potential for the connection to the north.
The Commission further discussed the road connections.
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 11, 2007
Page 7
Chairperson Daninger stated because the sketch plan is a high level overview, that is why
they did not see quite the details of issues they are seeing here. Mr. Bednarz stated if the
City was going to recommend that the street be connected to the south, that should have
been raised during the sketch plan but when they reviewed it at the time, there was a
driveway to the site, agricultural use, no anticipated change to that, limited amount of
high ground, from the stafflevel, they left it alone at that time.
Commissioner Kirchoff wondered where they are going to go with the property to the
south. This may sit for many years but it materially changes the proposal they have
before them with a couple of variances, stubbed roads, an official cul-de-sac but this is a
fairly descent development. He wondered where the people to the south are really
motivated or will they sit on it. Commissioner Walton agreed and felt sixty days was too
long and thirty days was maximum after Council approves it. He would like to see it
shortened to thirty days and either move forward or don't because it does impact grading
plans, the timing of the entire development so the sooner it gets approved and moves
forward, the better it is for everyone. The sooner it gets moving forward is the better for
everyone and better for total development than to approve it and make it sit for six
months or longer.
Commissioner Falk stated they did not know if the south portion is even buildable. Mr.
Bednarz stated.there is an area outside of the floodplain and that is why they are
considering the idea but they do not have the concrete information that they could say
this can be done. Commissioner Falk stated he would like to have the information if that
were the proposal, he would like to have that brought to their meeting so they would
know what they were up against, now they do not know.
Commissioner Walton asked Mr. Nash about the road development. Mr. Nash thought
that if the road were paved today, $10,000 would be worth it to give them a better
entrance but that is not what the City is asking of them. The City is asking for them to
give $10,000 and the road may be paved sometime in the future. Their point is to not
make them pay for the improvements right now, when the road is improved and the
people living there get the value ofthe road improvement, assess them at the time like
they would any normal street improvement project.
Commissioner Walton asked Mr. Nash, as the developer, see added value to the acreage
lots to talk with the City about bringing the paved road all the way down the development
and connect it to the currently paved road. Mr. Larson agreed to what Commissioner
Walton was saying because it would bring value to his development, he would agree to
pay the money to get it paved but he does not want to wait until a future date to have it
done.
Chairperson Daninger asked if the $10,000 was for just improving the intersection. Mr.
Bednarz indicated that was the estimated cost of curb and gutter and one half of Ward
Lake Drive adjacent to their property.
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 11, 2007
Page 8
Chairperson Daninger stated he would like some more variables filled in before they
move forward with approval. He did not know if that was reasonable or prudent because
a lot of things will go away if the property owner to the south says no, then they can
redefine, because if the property can be built they would have to look atthe variance to
the couple oflots plus the cost sharing. In addition, the cul-de-sac in the north,
something is different, it was a cul-de-sac and now that has changed. He cannot approve
this in his mind without more variables filled in.
Councilmember Kirchoff asked if the result to the south clear up a lot of this.
Chairperson Daninger felt in order to approve this, there are too many what ifs for him
to be comfortable with approving this. If they knew a definite that there are two
buildable properties, then he could take and look at the variance of the lots. He could feel
more comfortable for the assessments on the road improvements. He is willing to take
one point at a time and work through that.
Motion by Walton, seconded by Casey, to table this item until the next meeting with the
caveat that they ask the homeowner to the south for soil borings to bring back to the next
meeting and get an answer to whether or not they are going to extend and also ask the
developer to come back with modified sketch plans, both A and B with anticipation that it
is going forward to the south and another not going forward to the south with the
corrections discussed about the dead end road and cul-de-sac.
Commissioner Kirchoff asked if the Commission and Council could put the homeowner
to the south on notice to come up with an answer. Mr. Bednarz stated they could table
the item for more information but there is another item at play and that is the length of
time it has taken to get through the Watershed and FEMA and to get to this point. The
developer has been gracious enough to extend the review period and that extension goes
through September 30, 2007. The schedule they are on is to go to the Council next
Tuesday and have a preliminary plat approved or denied within the time frame so ifthey
do table it that would push the Council review out to October and they would either need
the developer to consent to extend their review period into October or they would need to
act in approval or denial at the Council next Tuesday.
Chairperson Daninger sensed they should discuss this further before they make a motion.
The Commissioner discussed the reasons for tabling, approving or denying this item.
Chairperson Daninger asked for a vote from the Commission.
Motion failed on a 2-ayes, 5-nays (Cleveland, Falk, Kirchoff, Daninger, Holthus), 0-
absent vote.
Commissioner Holthus asked if they are supposed to come up with a cost sharing plan
tonight and are they supposed to make a recommendation on a cul-de-sac over five
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 11, 2007
Page 9
hundred feet. Chairperson Daninger stated they can discuss a cost sharing plan and they
are supposed to make a recommendation regarding the five hundred feet.
Commissioner Holthus stated the developer should pay their proportionate share, five lots
worth, of the paving of Ward Lake Road and she thought if the south lots are buildable,
the developer should pay their proportionate share or 5/7 of the south street connection.
She would also agree with the variance for the over five hundred foot cul-de-sac.
Chairperson Daninger thought the cul-de-sac to the north should have the preliminary
plat changed to reflect that it is not a cul-de-sac. He wondered what they should have
done with the $10,000. Commissioner Holthus stated she would like to see that the
asphalt continue on from where the asphalt ends on Ward Lake Road to the development
and this is an issue that outreaches this agenda item. Ifthat asphalt is continued, then
other residents would have to pay their share as well.
Chairperson Daninger asked if the cul-de-sac and the two lots are buildable would
Commissioner Holthus be acceptance to the variance of the two lots of the five, meaning
they would be something smaller than 2.5 acres. Commissioner Holthus stated she would
agree with that variance. Chairperson Daninger stated he could concur with that to move
it forward.
Commissioner Holthus thought it would be less expensive if the road was paved now up
to the development rather than paving the entire Ward Lake Road section because it is a
shorter distance and more individuals to share the cost of it. But in the future, it Ward
Lake Road was going to be paved the rest of the way, there would only be a few residents
to share in the cost of that pavement unless there were further developments built in
there.
Chairperson Daninger stated if the two lots were not buildable to the south, they would
end the cul-de-sac and there would not be any cost sharing and no variance to the lots and
the variance would be to the length ofthe cul-de-sac and the change to the north, instead
of a cul-de-sac it would be a shorter road.
Commissioner Holthus stated they are suggesting that the owner of the two south lots
provide buildability evidence within sixty days and she thought that was too long.
Commissioner Walton thought two weeks was long enough.
Motion by Holthus, seconded by Falk, to recommend the variance of the cul-de-sac of
over five hundred feet, ifthe south lots are buildable, the developer should pay their
proportionate share of the south street connection and the developer should also pay their
proportionate share of the paving of Ward Lake Road and the cul-de-sac to the north is no
longer a cul-de-sac, it is a shorter street and the section of street coming out to Ward Lake
Road would be paved and not escrowed and the owner to the south would need to provide
soil borings proving buildability within ten business days.
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 11, 2007
Page 10
Commissioner Cleveland asked if they want to pave both sides ofthe road immediately
adjacent to the intersection itself or up to where the gravel road is. Commissioner Casey
indicated there is curb and gutter from the proposed project to the current curb and gutter
of approximately 100 feet.
Motion carried on a 7-ayes, O-nays, O-absent vote.
Mr. Bednarz stated that this item would be before the Council at the September 18, 2007
City Council meeting.
PUBLIC HEARING: CITY CODE AMENDMENT TO MODIFY THE
REQUIREMENTS OF CITY CODE 5-11 ANIMAL CONTROL.
Mr. Vrchota stated this item was tabled at the August 28th Planning Commission meeting
to allow for additional public input. Staff has not received any additional inquiries,
comments or information from the public since the August 28th meeting.
Mr. Vrchota discussed the staff report with the Commission.
Motion by Falk, seconded by Casey, to open the public hearing at 9:31 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Ms. Sylvia Munson, 2705 134th Lane NW, wondered what the next step will be for this
item. She wondered what they will be basing their decision on, will it be the problems
she is having or do other cities have the same problems. Chairperson Daninger explained
the process going forward.
Motion by Kirchoff, seconded by Casey, to close the public hearing at 9:33 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Commissioner Walton stated when he reads through the other cities details and what they
already have written; electronic fencing is not mentioned in other cities, not mentioned in
their code, already indicates that it is not considered a reasonable restraint. It is not
mentioned or addressed however it is an assumption and the only way to clear up an
assumption is to put it in black and white so either they add a note that electronic fencing
is not considered a reasonable constraint or do not address it at all.
Commissioner Kirchoff liked what they heard before and that is if an animal is restrained,
it is restrained and if it gets away, it is not being restrained regardless of whatever
technology is being used. He thought in reading the other cities ordinances, they do not
care what you do to make sure your animal is restrained but the moment it breaks its
barrier, it is no longer restrained, it is in violation. He stated he likes that versus tryin,g to
regulate electronic fences. The moment it is off your property it is no longer restrained.
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 11, 2007
Page 11
Motion by Walton, seconded by Falk, to approve everything presented except for
restraint which has not been presented. Motion carried on a 7-ayes, O-nays, O-absent
vote.
Mr. Vrchota stated that this item would be before the Council at the September 18, 2007
City Council meeting.
PUBLIC HEARING: CITY CODE AMENDMENT TO UPDATE THE
REQUIREMENTS OF CITY CODE TITLE 11 SUBDIVISION REGULATIONS
Mr. Cross explained for the last six months, City staff has been revising the Subdivision
Ordinance, the section of City Code that determines the requirements and review criteria
for new subdivisions. Much of the language dates back to the original 1974 ordinance, so
staffhas attempted to simplify the Subdivision Ordinance, remove outdated material, and
update it to conform to policies and regulations that are currently being used. The staff
report summarizes the issues identified as significant changes related to the Subdivision
Code update. The Planning Commission and the City Council have reviewed and
comments on the changes at two workshops.
Mr. Cross discussed the staff report with the Commission.
Motion by Walton, seconded by Casey, to open the public hearing at 9:41 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
There was no public input.
Motion by Walton, seconded by Casey, to close the public hearing at 9:41 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Commissioner Walton stated he felt pretty comfortable with what they did and how staff
presented this.
Motion by Walton, seconded by Falk, to approve the item as submitted. Motion carried
on a 7-ayes, O-nays, O-absentvote.
Mr. Cross stated that this item would be before the Council at the September 18,2007
City Council meeting.
WORK SESSION:
a. Discuss Comprehensive Plan Update
1. Land Use Plan
11. Wastewater and Comprehensive Sewer Plans
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 11, 2007
Page 12
Mr. Bednarz reviewed the amendments with the Commission.
Commissioner Cleveland asked what non-metallic metal was. Mr. Bednarz stated he did
not have an example for the Commission and they are not facing this issue in the
community. Commissioner Cleveland thought they might want to use minerals instead.
Commissioner Cleveland stated on page 25, second paragraph, last sentence should read
".. .contritmted attributed to the increased size of new homes."
Commissioner Falk wondered if they should add black dirt in the section with extracting.
Mr. Bednarz stated this is not what the Met Council conceives under that type ofland use
so that would not be covered under that item.
Commissioner Falk wondered what Capital Improvement Plan meant. Mr. Bednarz
reviewed the Capital Improvement Plan with the Commission.
Commissioner Holthus stated on page one, chapter one, second paragraph, third line
states "The result has been consistently strong occupancy in previously existing
commercial centers like the downtown center". She thought instead of "like" it should
read "such as".
Commissioner Holthus asked on page 8, fourth bullet down, ensure new development and
redevelopment, would it be more proper to say "ensure that new development and
redevelopment has a positive impact."
Commissioner Holthus asked on page 17, under Rural Residential, the land area
identified in four communities, Ham Lake, Andover, Inver Grove Heights and Credit
River Township", she wondered if there were only four communities developed at one
unit per two to 2.5 acres or less and why are those four communities mentioned. Mr.
Bednarz stated this is a definition of that rural residential category from the Met Council.
This is taken from their language. What they have done is applied planning area
designations and Rural Residential is one of those designations and those four
communities are the only ones they have identified as two to 2.5 acres or less without
urban infrastructure, such as sewer and water.
Commissioner Holthus stated in the next paragraph, existing land use map, at the very
end it refers to figure 2.3 and she could not find it. Mr. Bednarz indicated it was a list of
the land use designations.
Commissioner Holthus stated figure 2.7, a Met Council Net Residential Density
Worksheet table, the column stated "acres of public parks and open space" it says there
are only forty acres and she wondered if that was correct. Mr. Bednarz stated what the
graphic is showing is of the areas of the staging plan that will develop out to the year
2030, there are a number of acres divided by each of those land use categories and the
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 11, 2007
Page 13
preliminary planning they have done for the Rural Reserve has indicated about thirty
acres of public park land within that area, additionally the ten acres of additional park
land they arrived at with a discussion with the Parks Coordinator and looking at areas that
will develop inside the MUSA over those stages.
Commissioner Holthus stated on the Waste Water and Comprehensive Sewer Plan she
was wondering on the third page, Item C, Capacity and Plans for Future System, in the
first paragraph, second line from the bottom reads "The City currently does not have
plans to extend Municipal Sewer to the area designated in the MCES system statement as
potential service", she wondered what MCES means. Mr. Bednarz stated it was
Metropolitan Council Environmental Services and would add the full language to the
acronym.
Commissioner Holthus stated in the third paragraph, second line, she wondered what
WWTP meant. Mr. Bednarz stated it was Waste Water Treatment Plan and would be
added.
Commissioner Holthus stated on the page where "D" begins, Privately Owned Treatment
Facilities, the ending of the previous paragraph refers to figure 4.5 and she wondered
what that was. Mr. Bednarz stated it was the proposed sanitary system. Commissioner
Holthus suggested this be labeled as figure 4.5.
Chairperson Daninger thought this was a good discussion.
OTHER BUSINESS.
Mr. Bednarz updated the Planning Commission on related items.
ADJOURNMENT.
Motion by Falk, seconded by Casey, to adjourn the meeting at 10: 17 p.m. Motion carried
on a 7-ayes, O-nays, O-absent vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
C!9
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:
FROM: Will Neumeister, Director ofCommumty Development t~
SUBJECT: Consider City Code Amendment/5-1 Animal Control (Supplemental) - Planning
DATE: September 18, 2007
INTRODUCTION
Please read the attached State Statute 347.51 (Subd. 8) that explains that local ordinances
".. . may not adopt an ordinance regulating dangerous or potentially dangerous dos based
solely on the specific breed of dog. Ordinances inconsistent with this subdivision are void."
DISCUSSION
In reviewing this section of statute with the City Attorney, he has confirmed that the city
cannot pass a section of the City Code that is breed specific regarding special requirements,
such as physical restraint or enclosures that are breed specific.
ACTION REOUESTED
The Council is receive this additional information prior to making a final decision on the
proposed changes to the Animal Control Code.
Respectfully Submitted,
Will Neumeister wL
Attachments
State Statute 347.51
)47.51, Minnesota Statutes 2006 ,Page 1, o~
a.~ Legislature Home I Links to tile World I Help I Advanced Sear::h
? ....; ..:,., ,....."Ofice of ~e flevJ$or (OfSta~
House I Senate I Joint Departments and Commissions I Sill Search and Status I Statutes, Laws, and Rules
Minnesota Statutes Table of Chapters Chapter 347 Table of Contents
347.51, Minnesota Statutes 2006
Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota.
347.51 DANGEROUS DOGS; REGISTRATION.
Subdivision 1. Requirement. No person may own a dangerous dog in this state unless the
dog is registered as provided in this section.
Subd. 2. Registration. An animal contr91 authority shall issue a certificate of registration to
the owner of a dangerous dog if the owner presents sufficient evidence that:
(I) a proper enclosure exists for the dangerous dog and a posting on the premises with
a clearly visible warning sign, including a warning symbol to inform children, that there is
a dangerous dog on the property;
(2) a surety bond issued by a surety company authorized to conduct business in this state in a
form acceptable to the animal control authority in the sum of at least $50,000, payable to any
person injured by the dangerous dog, or a policy ofliability insurance issued by an insurance
company authorized to conduct business in this state in the amount of at least $50,000, insuring
the owner for any personal injuries inflicted by the dangerous dog;
(3) the owner has paid an annual fee of not more than $500, in addition to any regular dog
licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and
(4) the owner has had microchip identification implanted in the dangerous dog as required
under section 347.515.
Subd. 2a. Warning symboL If a county issues a certificate of registration to the owner of a
dangerous dog pursuant to subdivision 2, the county must provide, for posting on the owner's
property, a copy of a warning symbol to inform children that there is a dangerous dog on the
property. The design of the warning symbol must be uniform and specified by the commissioner
of public safety, after consultation with animal control professionals. The commissioner shall
provide the number 'of copies of the warning symbol requested by each county and shall charge
the county the actual cost of the warning symbols received. The county may charge the registrant
a reasonable fee to cover its administrative costs and the cost of the warning symbol.
Subd. 3. Fee. The county may charge the owner an annual fee. in addition to any regular dog
licensing fees, to obtain a certificate of registration for a dangerous dog under this section.
Subd. 3a. Dangerous dog designation review. Beginning six months after a dog is declared
a dangerous dog, an owner may request annually that the animal control authority review the
designation. The owner must provide evidence that the dog's behavior has changed due to the
dog's age, neutering, environment, completion of obedience 1raining that includes modification of
aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that
the dog's behavior has changed, the authority may rescind the dangerous dog deSignation.
Subd. 4. Law enforcement; exemption. The provisions of this section do not apply to
dangerous dogs used by law enforcement officials for police work.
Subd. 5. Exemption. Dogs may not be declared dangerous if the threat, injury, or damage
-20-
:A\7.51, Minnesota Statutes 2006 Page 2 of2
was sustained by a person:
(l) who was committing, at the time, a willful trespass or other tort upon the premises
occupied by the owner of the dog;
(2) who was provoking, tormenting, abusing, or assaulting the do~ or who can be shown to
have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or
(3) who was committing or attempting to commit a crime.
Subd. 6.[Repealed, ISp2001 c g art g s 30]
Subd. 7. Tag. A dangerous dog registered under this section must have a standardized,
easily identifiable tag identifYing the dog as dangerous and containing the uniform. dangerous
dog symbol, affixed to the dog's collar at all times. The commissioner of public safety, after
consultation with animal control professionals, shall provide by role for the design of the tag.
~Subd. .. ""'" onlin-. A _ '" homo m1,"'- ci1>. '" a ",amy, may GOt adopt I < i
. an ordinance regulating dangerous or potentially dangerous dogs based solely on the specific J
breed of the dog. Ordinances inconsistent with this subdivision are void.
Subd. 9. Contracted senices. A county may contract with another political subdivision or
other person to provide the services required under sections 347.50 to 347.54. Notwithstlinding
any contract entered into under this subdivision, all fees colleCted under sections 347.50 to 347.54
shall be paid to the county and all certificates of registration must be issued in the name of the
county.
History: 1988 c 711 s 2; 1989 c37 s 6-10; 1991 c195 s 1; 1994 c 550 s 2; 1997 c 187 art
3 s 32; 1Sp2001 c 8 art 8 s 16-18
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
General auestions or comments.
- 2/1--
C 1 T Y 0 F
NDOVE
Q 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, September 18, 2007
Call to Order - 7:00 p.m.
Pledge of Allegiance
Proclamation - Domestic Violence Awareness Month
Resident Forum
Agenda Approval
1. Approval of Minutes (8/28/07 Workshop; 9/4/07 Regular Meeting)
Consent Items
2. Approve Payment of Claims - Finance
3. Declare Cost/Order Assessment RolV07-27/14l24 Crosstown Boulevard NW/SS & WM - Engineering
4. Declare Cost/Order Assessment RolV05-11/Tulip Street NW - Engineering
5. Declare Cost/Order Assessment RolV06-20AlMeadow Creek Christian School Turn Lane Improvements -
Engineering
6. Receive Assessment RolVWaive Public Hearing/Adopt Assessment RolV07-35/13817 Jay Street NW
0 (Thurston-DeShaw Funeral Home)/WM - Engineering
7. Approve Extension of Liquor License to Include Patio/Tanners Station - Clerk
Discussion Items
8. Receive Anoka County Sheriffs Department Monthly Report - Sheriff
9. Consider Revised Landscaping Plan/Mosquito Control Expansion/1280 Bunker Lake Blvd. NW - Planning
10. Consider City Code Amendment/Establishing Interim Performance Standards/Hughs- Westview Industrial
Park Area (Cont.) - Planning
11. Consider Conditional Use PerrnitlRetail Sales in Industrial District/3131 - 161 st Avenue NW - Planning
12. Consider Preliminary PlatlWoodland HillsIWard Lake Drive - Planning
13. Consider City Code Amendment/ 5-1 Animal Control- Planning
14. Consider City Code Amendment/Title 11 Subdivision Regulations - Planning
Staff Items
15. Schedule October EDA Meeting - Administration
16. Schedule October Workshop Meeting - Administration
17. Administrator's Report - Administration
Mayor/Council Input
Adjournment
0
0
CITY OF ANDOVER
PROCLAMA TION
October of 2007 is proclaimed as
Domestic Violence Awareness Month
WHEREAS, the community problem of domestic violence has become a
critical public health and welfare concern to Anoka County; and
WHEREAS, domestic violence is a crime, the commission of which will
not be tolerated in Anoka County and perpetrators of said crime are subject to
prosecution and conviction in accordance with the law: and
WHEREAS, over thousands of women and children have and will
continue to access assistance from Alexandra House, Inc., a domestic violence
service provider; and
Q WHEREAS, domestic violence will be eliminated through community
partnerships of concerned individuals and organizations working together to
prevent abuse while at the same time effecting social and legal change; and
WHEREAS, October is National Domestic Violence Awareness
Month; and
WHEREAS, during National Domestic Violence Awareness Month,
Anoka County organizations will inform area residents about domestic violence,
its prevalence, consequences and what we, as a concerned commmunity can do
to eliminate its existence.
NOW, THEREFORE, BE IT RESOLVED AND KNOWN TO ALL THAT, I,
Michael R. Gamache, Mayor of Andover, do hereby proclaim October to be
Domestic Violence Awareness Month on Tuesday, September 18, 2007.
:Micfiaef ~ qamacfie, :Mayor
City of )hulover
0
Proclamation Resolution
No.
Domestic Violence Awareness . Month
~,
. WHEREAS, the community problem of domestic violence has becom~ a critical
public health and welfareconceminAIloka County; and'
WHEREAS, domestic violence isacrime, the commission {)fwhich will not be
tolerated 'in Anoka County and perpetrators of said crime are subject to prosecution and~
conviCtion in accordance with the law; and
WHEREAS, over thousands of women and children have and win continue to access
assistance from Alexandra House, Inc., a.domestic violence service provider; and
WHEREAS, domestic violence will be eliminated through community partn~rships of
concerned individuals and organizations working together to prevent abuse whileatthe
same time ~ffecting social and legal change; and ..
WHEREAS, October is National Domestic ~ Violence Awareness Month; and
WHEREAS, during National Domestic Violence Awareness Month; Anoka County
organizations will inform area residents about domestic violence, its prevalence,
consequences and what we, as a concerned community can do to eliminate its existence.
NOW,THEREFORE, BE IT RESOLVED AND KNOWN TO ALLthat
proclaims. October to be
Alexandra Ending domestic violence for women, families and communities.
House, Inc.
August 13, 2007
P.O. Box 49039
Blaine, MN 55449 Mayor Mike Gamache
Phone: 763.780.2332 City of Andover
Crisis/TTY: 763.780.2330 2815134thAveNW
Fax: 763.780.9696 Andover, MN 55304
www.alexandrahouse.org
Dear Mayor Gamache:
As you know, October is Domestic Violence Awareness Month. This year,
Alexandra House is celebrating thirty years of service to victims, survivors,
and our community. In these thirty years, we have been supported and
encouraged by the commitment from the cities, municipalities, and Anoka
Terri Neely Tinklenberg, County.
Vice Chair
AlexandraHouse, InC. would be honored if you would sponsor an official
Drane Fischer, proclamation recognizing October as Domestic Violence Awareness
Treasurer Month. Your proclamation would officially recognize both the gravity of the
problem and the importance of the ongoing work to create a violence-free
community in Anoka County. Your proclamation would also emphasize. the
Connie Nelson, City of Andover's efforts to end domestic violence. I have enclosed a
Secreta ry sample you may wish to use to compose your proclamation.
Cindy Arndt We will display all proclamations at our annual Walkfor Hope: Steps to End
Domestic Violence on Saturday, October 6 at Bunker Hills Regional Park in
Andover. We hope that this event will raise awareness of domestic violence
Kirsten Gorsuch and bring more of our community together in public opposition to dom estic
violence. We will also honor those who have lost their lives to domestic
Rev. Dr. Margaret Guelker violence, those who have survived and those who continue their struggle.
After the Walkfor Hope is completed, we will display the proclamations at
Alexandra House.
Don Ilse
Please contact our Community Education Coordinator, Zeb Henderson
Andre Koen Shreve at (763) 780-2332 if you have any questions regarding this request.
Thank you for your consideration.
Lynn Littlejohn Lm~
Dave Sallman
Connie Moore
Laurie Wolfe Executive Director
0 Connie.Moore, Enclosure
Executive Director
0 @
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 75578923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator
FROM: Vicki V olk, City Clerk
SUBJECT: Approval of Minutes
DATE: September 18, 2007
INTRODUCTION
The following minutes were provided by TimeSaver Secretarial Service for approval by
the City Council:
0 August 28, 2007 Workshop (Jacobson absent)
September 4, 2007 Regular Meeting
DISCUSSION
Attached are copies of the minutes for your review.
ACTION REOUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
eLL' Ura
Vicki V olk
City Clerk
0
0 1
2
3
4
5
6 ANDOVER CITY COUNCIL WORKSHOP- AUGUST 28, 2007
7 MINUTES
8
9
10 The Workshop of the Andover City Council was called to order by Acting Mayor Ken Orttel, August
11 28, 2007, 6:06 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
12
13 Councilmembers present: Mike Gamache, Mike Knight, Julie Trude
14 Councilmember absent: Don Jacobson
15 Also present: City Administrator Jim Dickinson
16 Community Development Director, Will Neumeister
17 Director of Public Works/City Engineer, David Berkowitz
18 Others
19
20
21 UPDATE FROM COON CREEK WATERSHED DISTRICT
022
23 Mr. Tim Kelly and Joe Marvin from the Coon Creek Watershed District (CCWD) updated the
24 City Council on activities within the CCWD.
25
26 Mr. Kelly indicated he could see in the future joint meetings between city councils and the
27 Watershed District to discuss policies to bring forward to the State.
28
29 Councilmember Orttel asked if they will be treating run off. Mr. Kelly indicated this will
30 become more complicated and may become less expensive. They have taken the step in the
31 budget for next year to look at landscaping for volume control. They are now at the level of
32 sophistication to factor in trees.
33
34 Councilmember Trude appreciated the articles they have been doing for their community in the
35 newsletter.
36
37 Councilmember Orttel wondered if it was better to have the wetland in one parcel or to divide it
38 into separate lots when making a development. Mr. Kelly stated it is a tradeoff. If the wetland is
39 platted as an outlot you invariably get dumping. If it is subdivided as part of the lot, you have the
40 possibility of getting encroachment.
41
42 Mayor Gamache arrived at 6:15 p.m.
43
Q44 Councilmember Knight wondered how much cooperation they have with the Lower Rum River
45 District. Mr. Kelly indicated they do not have a lot of communication. There is no real close
46 collaboration on projects.
47
48 Mr. Berkowitz stated the Watershed staff brings a realistic look to water resources. Mr. Kelly
0 Regular Andover City Council Meeting
Minutes - August 28, 2007
Page 2
1 has worked hard lobbying the MPCA.
2
3
4 DISCUSS NON-DEGRADATION (NPDES)/06-49/WENCK ASSOCIATES, INC.
5
6 The City has contracted with Wenck Associates, Inc. to prepare the City's Nondegradation
7 Assessment as required by the Minnesota Pollution Control Agency (MPCA). This is part of the
8 City's National Pollutant Discharge Elimination System (NPDES) Phase II permit.
9
10 Diane Spector, Joe Bischoff and Ed Matthiesen of Wenck Associates, Inc. were present at the
11 meeting and presented the assessment information to the Council.
12
13 Councilmember Trude thought soil made a difference in the model. She wondered if they change the
14 model to the different soils in each community. Mr. Berkowitz indicated the model is changed to
15 reflect this.
16
17 Mr. Kelly explained what type of model they used in Andover to come up with their calculations.
o 18
19 Councilmember Knight asked if they took into consideration the areas that have wells and not sewer.
20 It was noted the model uses strictly storm water runoff in all of the land within the City and wells
21 and sewers do not come into the calculation.
22
23 Councilmember Knight asked if the effect on well water is factored into this. Ms. Spector indicated
24 it is not. Mr. Berkowitz stated the City has a separate plan for this.
25
26 Councilmember Orttel wondered if there is any way to contain runoff. Ms. Spector stated they can
27 start to reduce runoff volume from developments by use of infiltration swales, rain gardens, and
28 reforestation.
29
30 Councilmember Knight wondered if cities are encouraging rain gardens and infiltration swales. Mr.
31 Berkowitz stated they are but cities need to decide how to maintain them and who will maintain
32 them.
33
34 Councilmember Trude wondered if a rain garden and infiltration swale would take up more acreage
35 in a development. Mr. Kelley indicated they could depending on how well the area is developed and
36 maintained.
37
38 Ms. Spector stated the first recommendation for reducing Total Phosphorus (TP) is to work with
39 watersheds to evaluate potential regulatory changes and their adequacy for increasing TP removal. If
040 regulation cannot reduce load increases, then consider retrofitting BMPs as opportunities arise. As a
41 result they could need staff training and education on volume management and low impact
42 development, promote tree planting on public and private land and incorporate BMP's into city
43 projects as opportunities arise.
44
0 Regular Andover City Council Meeting
Minutes - August 28, 2007
Page 3
1 Mayor Gamache wondered if they need to indicate how many trees, rain gardens or infiltration
2 swales they are going to do in their Storm Water Pollution Prevention Plan (SWPPP). Ms. Spector
3 stated they could be as detailed as they want but the MPCA is looking for as much detail as possible.
4
5 Councilmember Trude hoped they could have some watershed perspective on their Rural Reserve
6 development when that happens.
7
8 Councilmember Knight asked if they have found that developers are going along with these changes.
9 Ms. Spector indicated they are. She said they are becoming aware and trained on the changes and
10 what needs to be done with their developments.
11
12 Councilmember Trude thought once they have these waterways established they need to enforce
13 them and make sure they are not destroyed.
14
15 Councilmember Orttel wondered what their penalty would be if they did not do anything to improve
16 this. Ms. Spector stated they need to have a plan in place and demonstrate it will feasibly improve
17 these issues.
o 18
19 Councilmember Orttel stated he likes the concept but he wondered what the costs would be. He
20 thought that the lots would have to bigger and the streets smaller to do this. Mr. Kelly stated a larger
21 lot is not necessarily automatic because there are other ways with proper planning of a development.
22
23
24 DISCUSS RIVERSIDE PIPELINE PROJECT
25
26 Construction of the Riverside Pipeline in Andover is scheduled to begin in the spring of2008. It has
27 been determined that Northern Natural Gas & CenterPoint Energy need to acquire property and/or
28 easements to properly construct the project.
29
30 Ms. Liz Babcock. Northern Natural Gas made a presentation to the Council. She stated they are
31 looking for additional land to provide an area for Northern Natural Gas to construct a facility.
32
33 Councilmember Trude stated when they take away the land in the ballpark along with other park land
34 would they be willing to purchase land across the street which is low land as a trade or swap for a
35 soccer field. Ms. Babcock indicated she could bring this to the committee as a request.
36
37 Councilmember Trude stated the outfields are a loss to their community because they are being used
38 in the spring, summer and fall for the sports activities.
39
040 Ms. Babcock explained to the Council what items will be new at the location. Mr. Berkowitz stated
41 Northern Natural Gas would like to take that land and use it as a permanent easement.
42
43 Councilmember Trude thought by taking more land, they are losing more park land and the corner
44 will not be useable and the shelter will be used less. She thought once an area is put inside a fence it
0 Regular Andover City Council Meeting
Minutes - August 28, 2007
Page 4
1 cannot be used and will be a loss to the community.
2
3 Councilmember Trude wondered if there will be screening from the neighborhood. Ms. Babcock
4 indicated there would.
5
6 Councilmember Trude thought there should also be screening from the park. Mr. Berkowitz stated
7 Northern Natural Gas has allowed them to provide additional parking on the south side of the
8 existing building. Councilmember Trude stated she would like to see screening on the west side of
9 this.
10
11 Mr. Berkowitz stated the direction they are looking at tonight if this is agreeable to start the
12 condemnation process and bring back a landscaping plan for the Council to review, Mayor Gamache
13 thought there should be discussion on the price along with planting additional trees.
14
15 Councilmember Orttel wondered if there is anything else that could be placed in the area. Ms.
16 Babcock stated it could but they did not have any plans for anything else to go in there. Mr.
17 Dickinson indicated once the utility company has the property the land becomes taxable.
o 18
19 Ms. Babcock thought if the City wants to have an agreement for additional parking that could be put
20 in the plans. Councilmember Orttel thought that was a good idea.
21
22 Councilmember Trude requested the Park Commission look at this before the Council approves it.
23
24 Mr. AI Swintek, CenterPoint Energy, introduced Jean Krouse, Scott Stinger, Pro Source, and Jerry
25 Culstrom, Senior Engineer to the Council.
26
27 Mr. Scott Stinger made a presentation to the Council regarding the proposed pipeline.
28
29 Mr. Berkowitz asked if they have been working with landowners for temporary easements. Mr.
30 Stinger stated they will be starting to do this.
31
32 Councilmember Orttel wondered how long it will take for construction. Mr. Culstrom stated it
33 would be a month to six weeks. Councilmember Trude wondered if they could get signage and
34 notification for the construction and trail closures.
35
36 Mr. Swintek stated in addition to the easements they are looking to purchase is that something that is
37 unique to public utilities is they pay personal property tax which is based on the value of the pipe in
38 the ground, estimated annual tax of $60,000.
39
040 The Council was in agreement that both proposals are ok with :them, but negotiation of price and
41 landscaping should continue!
42
43 Mr. Holasek wondered if this will be considered a transmission or distribution line. Mr. Culstrom
44 indicated this will be a transmission line.
0 Regular Andover City Council Meeting
Minutes - August 28, 2007
Page 5
1
2
3 COMPREHENSIVE PLAN REVIEW OF SEWER AND LAND USE SECTIONS
4.
5 The land use and sewer chapters are scheduled for review. These chapters are the basis of the plan
6 and influence many of the details of the rest of the plan. The intent has been to update the conditions
7 that have changed and the projections for the future, but not to make major changes to the policies
8 that have been in place for many years. One of these items is the potential for future expansion of
9 the MUSA beyond the Rural Reserve.
10
11 The Council discussed with staff Agricultural Preserve. Council indicated they would like to have
12 Agricultural Preserve reflected on the current map.
13
14 Councilmember Orttel noted on page 18, it shows 3.6 units per acre for density and he wondered if
15 the Met Council would accept that or will they consider 3.6 a mandatory number to build to. Mr.
16 Neumeister stated it is shown that way in the previous plan. He noted a lot of information is a repeat
17 of where they are.
018
19 Councilmember Knight stated they have had one constant problem and that is highway and streets.
20 He stated there is no plan for highways in the Comprehensive Plan. They do not have any State
21 Highways and their problem is not having enough public roadways for the density. Mr. Neumeister
22 stated they did send a memo regarding this to the Met Council and they have not heard back.
23
24 Councilmember Trude stated they may want to add a goal to encourage housing stock that is locally
25 marketable but not burdensome to our limited transportation network, which compliments natural
26 amenities. She stated this would be looking at wetlands, and the burdens of the local network
27 system.
28
29 Mr. Dickinson stated if they did get a State Highway, the most likely candidates would be Hanson
30 Boulevard or Round Lake Boulevard.
31
32 Councilmember Trude thought they might want to list churches, schools and neighborhood parks in
33 the residential areas along with open spaces in the definitions. She likes the rewritten goals. She.
34 thought they could add another place for a transition for a buffer between zoning districts. The
35 wording could state "ensure transitions or a buffer between zoning districts to maintain property
36 values in existing districts." She also thought when they do an amendment that it does not degrade
37 existing infrastructure, which means the roads. She thought this is something they should look at
38 when doing the Comprehensive Plan Amendment.
39
040 Councilmember Trude also thought they should do a transportation study when they have a housing
41 development that is more than fifty acres.
42
43 Councilmember Trude stated on the middle of page 8, above the goal regarding redevelopment of
44 existing industrial zones to accommodate industrial development, she wants to add "upgrading sites
0 Regular Andover City Council Meeting
Minutes - August 28, 2007
Page 6
1 to diversity their tax base". They need to have a more varied tax base. She also thought they could
2 add in this section "adding additional areas for commercial development to ensure all areas of the
3 community have access to retail." If the Rural Reserve does develop they would want to see some
4 sort of retail development. They could set another goal for that.
5
6 Councilmember Orttel did not know ifhe likes the sentence. Councilmember Trude thought this
7 would be a goal that would not involve housing because all of their goals are about housing. She
8 reworded the sentence to state "adding additional areas for commercial development."
9
10 Mr. Berkowitz reviewed the updated sewer plan with the Council.
11
12 Mr. Berkowitz asked the Council if they want to have the northeast part of the city put in the plan as
13 a proposed area for additional MUSA capacity. He thought they should submit what they want to
14 develop currently and go back for authorization if they want more development in the future.
15 Councilmember Orttel thought they should include the Hughs Industrial area in the plan along with
16 the small area of development.
17
018 Councilmember Trude would like them to be a little flexible along 157th and Round Lake Boulevard
19 for expansion. Mr. Berkowitz stated they will automatically upsize the pipe in the Rural Reserve to
20 accommodate expansion but they need to show how much additional MUSA they will need for the
21 Met Council.
22
23 Councilmember Orttel thought they should go with 3.3 MGD and see if they will let them expand if
24 needed in the future.
25
26 Councilmember Knight stated they have the housing issue and a definite population drop that were
27 not present five years ago. Mr. Berkowitz stated they figured those into their plans.
28
29
30 2008-2012 CIP PROGRESS REPORT & DISCUSSION
31
32 Staff continues working on the 2008-2012 CIP. Work on cash flows for the utility funds and other
33 infrastructure is ongoing and will continue until the CIP is complete. Relative to capital equipment,
34 staffhas conducted a comprehensive review of the condition of capital equipment to ensure that the
35 most cost -effective replacement schedule is followed. Equipment is to be replaced on the basis of a
36 cost benefit analysis rather than a year based replacement schedule.
37
38 Council concurred on the 2008 capital equipment items presented by staff.
39
040 Councilmember Knight asked when they replace motor vehicles how they are defining cost benefit.
41 Mr. Dickinson explained how they determine this.
42
43 Councilmember Trude wondered if they are staggering out Fire Trucks depending on the cost
44 benefit. Mr. Dickinson explained how they are staging the equipment to achieve the best benefit to
0 Regular Andover City Council Meeting
Minutes - August 28, 2007
Page 7
1 the City. Mr. Dickinson also asked the Council to authorize staff to start with specifications for
2 equipment with long lead times. Council consensus was given.
3
4
5 2008 OPERATING BUDGET PROGRESS REPORT & DISCUSSION
6
7 City Administration is now prepared to present to the Council the proposed tax supported 2008
8 Annual Operating Budget and tax levy. Also each year the City Council is required by state law to
9 approve a preliminary budget and submit a preliminary levy certification to Anoka County Property
10 Records and Taxation Division by September 15,2007.
11
12 .. Administration will be seeking input from the City Council on the proposed budget and tax levy as
13 the meeting for the Council to set the preliminary budget and preliminary levy is September 4, 2007.
14
15 Councilmember Trude thought when the people voted for the levy they thought that stood outside of
16 the budget so if that stood outside their budget, what would their tax capacity rate be. Mr. Dickinson
17 stated they would be remaining constant and achieving their budget guidelines. Councilmember
o 18 Trude thought that with the open space, people that wanted that and voted for that indicated they
19 would vote for a tax increase and that is an important part of the Truth in Taxation presentation. Mr.
20 Dickinson stated they could certainly make this a part of the presentation. The biggest reason the tax
21 is increasing is because of the open space referendum and commitment to public safety.
22
23 Councilmember Trude stated she would hate to see the Open Space Commission strapped if they see
24. some land they want to purchase because they are trying to keep this low budget including that
25 within the budget. Mr. Dickinson stated that would not be a problem because the City would front
26 the cost and then reimburse at the time they issue the bond. He stated they can issue the bond
27 without a tax levy and then they can do it one year subsequent with a levy if they would upfront the
28 capitalized interest in the first year and they would be able to recoup that in a subsequent bond.
29
30 Mr. Dickinson discussed various staff budget cuts and increases within the City and departments.
31
32 Mr. Dickinson indicated Youth First is looking to provide a 40 week enriching after school program
33 at the Community Center in the amount of $53,940 and he would like Council direction.
34
35 Councilmember Knight stated he would like to do some of this but he did not think they would need
36 $53,000. He thought this could be cut down because he did not think they would need laptops,
37 snacks or some of the other things requested.
38
39 Councilmember Orttel wondered where the money would come from. Mr. Dickinson stated they
040 would need to look at the Charitable Gambling Fund. Councilmember Knight thought they could cut
41 the amount in half.
42
43 Mayor Gamache asked if Mr. Dickinson could find out from Anoka what they do and how much they
44 pay for a program.
Q Regular Andover City Council Meeting
Minutes - August 28, 2007
Page 8
1
2
3 2008 TAX LEVY DISCUSSION
4
5 The Council has had a number of reviews of the 2008 Proposed Budget that will be supported by the
6 2008 Tax Levy. Also each year the City Council is required by state law to approve a preliminary
7 budget and submit a preliminary levy certification to Anoka County Property Records and Taxation
8 Division by September 15, 2007.
9
10 Administration is seeking input from the City Council on the proposed budget and tax levy as the
11 meeting for the Council to set the preliminary budget and preliminary levy is September 4,2007 and
12 is basically the staff report.
13
14 Council liked what was presented in the staff report.
15
16
17 OTHER BUSINESS
C 18
19 Mr. Dickinson stated they will be setting the Truth in Taxation date. Last year it was added to a
20 regular City Council meeting. The Council indicated that was fine and preferred that.
21
22
23 Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting
24 adjourned at 9:45 p.m.
25
26 Respectfully submitted,
27
28 Susan Osbeck, Recording Secretary
29
0
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 9
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 4; 2007
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
AGENDA APPROV AL............................................................................................................. 1
APPROVAL OF MINUTES...................................................................................................... 1
CONSENT ITEMS .
Approve Payment of Claims ................................................................................................ 2
Approve Memorial Plaque Policy ........................................................................................2
Resolution R120-07 receiving Assessment Roll/Order Public Hearing!06- 37/161 st
Avenue NW & Crane Street NW/Intersection Improvements........................................ 2
Resolution R121-07 Accepting Feasibility Report/Waive Public Hearing!07-35/13817
Jay Street NW (Thurston-DeShaw Funeral Home) WM ...............................................2
Resolution R122-07 receiving Assessment Roll/W aive Public Hearing! Adopt
Assessment Roll/07-13/13835 Underc1ift Street NW/WM ............................................ 2
Approve Wayside Horn Agreement/07-40/Crosstown Boulevard NW & Railroad
0 Tracks.. ............... ........... ........... ............................ ...... .................. ................................... 2
Resolution R123-07 approving Final Plat/Timber Trails 2nd Addition/I7700 Tulip
Street NW........................................................................................................................ 2
ADOPT ASSESSMENT ROLL/RESOLUTION FOR PUlNAM, ALLEN & ALMEIDA
PROPERTIES, CONTINUED (RES. RI24-07)................................................................... 2
CONSIDER CITY COpE AMENDMENT/ESTABLISHING INTERIM PERFORMANCE
STANDARDS/HUGHES-WESTVIEW INDUSTRIAL PARK AREA .............................. 4
ADOPT 2008 PRELIMINARY TAX LEVY
Motion to Approve (RES. R125-07).....................................................................................5
2008 DEBT SERVICE LEVY CHANGES
Motion to approve (RES. R126-07)...................................................................................... 6
SET TRUTH IN TAXATION HEARING DATE..................................................................... 6
ADMINISTRATOR'S REPORT...............................................................................................7
MAYOR/COUNCIL INPUT
Hanson Boulevard Update ................................ ............................... ............................. ........ 7
Hanson Bridge Signage................................................................................ ......................... 7
Frank Stone Retirement ........................................................................ ......... ...... ................. 7
Seal Coating Clean Up .......................................................................................... ................ 7
City Updates................................................. ................................. ..... ................................... 7
I35W Bridge Meeting ........................................................................................................... 7
Senior Snow Shoveling Help ................................................................................................7
0 Andover Husky Football Team Congratulations ........................................................;......... 7
ADJOURNMENT...................................................................................................................... 8
0 1
2
3
4
5
6 REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 4, 2007
7 MINUTES
8
9
10 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
11 Gamache, September 4, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
12 Andover, Minnesota.
13
14 Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
15 Councilmember absent: None
16 Also present: City Attorney, William Hawkins
17 Director of Public Works/City Engineer, Dave Berkowitz
18 City Administrator, Jim Dickinson
19 Community Development Director, Will Neumeister
20 Others
21
022
23 PLEDGE OF ALLEGIANCE
24
25
26 RESIDENT FORUM
27
28 No one wished to address the Council.
29
30
31 AGENDA APPROVAL
32
33 Councilmember Jacobson stated Item 3 of the consent agenda has a minor word change that needs to
34 be incorporated in the information. Mr. Dickinson stated on number two they need to get rid of the
35 last three words. He stated he knew what the change was and agreed with it.
36
37 Councilmember Jacobson stated the change should read: "the donor can choose the park of the
38 planting and the general location within the park."
39
40 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion
41 carried unanimously.
42
43
Q44 APPROVAL OF MINUTES
45
46 August 21,2007, Regular Meeting: Correct as written.
47
48 Motion by Knight, Seconded by Trude, approval of minutes as indicated above. Motion carried
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 2
1 unanimously.
2
3
4 CONSENT ITEMS
5
6 Item 2 Approval of Claims
7 Item 3 Approve Memorial Plaque Policy
8 Item 4 Receive Assessment Roll/Order Public Hearing/06-37/161st Avenue NW & Crane
9 Street NW/Intersection Improvements (See Resolution RI20-07)
10 Item 5 Accept Feasibility ReportJWaive Public Hearing/07-35/13817 Jay Street NW
11 (Thurston-DeShaw Funeral Home)1WM (See Resolution RI21-07)
12 Item 6 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/07-
13 13/13835 Underclift Street NW IWM (See Resolution RI22-07)
14 Item 7 Approve Wayside Horn Agreement/07 -40/Crosstown Boulevard NW & Railroad
15 Tracks
16 Item 8 Approve Final Plat/Timber Trails 2nd Addition/I7700 Tulip Street NW (See
17 Resolution RI23-07)
018
19 Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
20 unanimously.
21
22
23 ADOPT ASSESSMENT ROLVRESOLUTION FOR PUTNAM, ALLEN & ALMEIDA
24 PROPERTIES, CONTINUED
25
26 The City Council is requested to adopt the deferred assessment roll and resolution for the Putnam,
27 Allen and Almeida properties associated with the Woodland Crossings (05-32), Shaw's Glen (05-24)
28 and Cardinal Ridge (05-20) street and utility improvements.
29
30 Councilmember Jacobson stated in the resolution under Item 1 the second line begins with "the sale
31 oflots by such division, all special assessments shall be paid in full". He stated that was not what
32 they intended. They intended the special assessments for the lots individually come due but not all
33 of them and he thought Mr. Berkowitz had some verbiage changes.
34
35 Mr. Berkowitz read the new language under Item 1 as "division of the parcel by metes and bounds
36 description or platting, upon sale oflots by such division, all special assessments shall be paid in full
37 of all new created parcels". He stated another recommendation to add to the resolution is Item 5 that
38 would state "Creation of lot that requires connection to City utilities by City Code". In the next
039 paragraph it should be stated "All assessments that lose their deferral under 2,3,4 and ~ above shall
40 be payable in equal installments of principal and interest over an eight year period."
41
42 Mr. Berkowitz stated if they fall below the minimum they would need to come in and request a
43 variance to not require they hook up to City sewer and water. Councilmember Orttel wondered if it
44 would not be that way even if they did not have number five in the resolution. He wondered why
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 3
1 this would be in there because wouldn't the ordinance call for that anyway. Mr. Berkowitz stated to
2 clarify that in the deferral resolution, if that was indeed the case, they would go back to City Code.
3
4 Councilmember Orttel wondered if they could give a variance to a resolution. City Attorney
5 Hawkins stated they are not giving a variance. Councilmember Orttel stated they would if the
6 applicant did not want to hook up to City utilities. City Attorney Hawkins thought the variance
7 would be from the requirement if they hook up to sewer if the land is less than 2.5 acres. Mr.
8 Berkowitz stated by putting this in the resolution, it covers that to the point that they would have to
9 go through that variance process or hook up to City sewer and water.
10
11 Motion by Jacobson, Seconded by Knight, to approve the resolution adopting the assessment roll for
12 the Putnam, Allen and Almeida properties associated with the W oodlarid Crossings (05-32), Shaw's
13 Glen (05-24) and Cardinal Ridge (05-20) street with the changes noted by Mr. Berkowitz adding the
14 language to item one and adding the new section item five.
15
16 Mr. Scott Allen, 15873 Linnet Street, thought he understood item one but the new item five is one he
17 would like to discuss because he feels he is losing the well and septic he has now at a premature date.
Q 18 He has had his septic for only three years and he is not saying that he will not pay the assessments
19 for his house but he would like to continue to defer them until a later date. Mayor Gamache thought
20 he would have to come in and get the actual variance to keep his home on the well and the septic
21 after he sold off the one piece and it dropped him below the five or 2.5 acres.
22
23 Mr. Allen asked when he sells the first lot would he have to come in and either go through the
24 variance process or pay the assessment. Mayor Gamache believes that wais correct. Mr. Berkowitz
25 stated ifhe were to sell the first lot off to the point of subdivision, when he then creates two new lots,
26 through that process he will need to come forward with a variance request through the platting of the
27 two new parcels.
28
29 Mr. Allen asked if the variance were denied, would he have to pay the assessment at that time. Mr.
30 Berkowitz indicated that is correct. He stated that at the time the plat is recorded it is essentially
31 recorded as substandard to that part of the code.
32
33 Mr. Allen stated his biggest concern is he has a plat in the preliminary plat stage but it is on hold
34 until this is approved and he haS to do that from what he understands because he has to have a
35 grading plan and everything done so he is putting a lot of money into his property right now to get it
36 graded and the drainage all done and then having to come and pay City assessments for his property.
37 City Attorney Hawkins stated if he plats the property so that the remainder where Mr. Allen is
38 located will be less than 2.5 acres, then this policy would trigger the payment of the assessment
39 unless a variance is given and it is not due and payable in full because he would fall under number
040 five and would be under the eight year special assessment so it would be payable over eight years if
41 the Council did not give him a variance. Ifhe sells a lot those assessments are due and payable in
42 full.
43
44 Councilmember Orttel wondered if it would be reasonable because of the situation to put in that it is
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 4
1 upon sale not upon filing of the plat. Mr. Berkowitz stated item one covers that so it is the actual
2 sale.
3
4 Councilmember Knight wondered if the division of the lots affects the extra drain field on Mr.
5 Allen's property. Mr. Berkowitz indicated it would not.
6
7 Motion carried unanimously. (RES. RI24-07)
8
9
10 CONSIDER CITY CODE AMENDMENT/ESTABLISHING INTERIM PERFORMANCE
11 STANDARDS/HUGHS-WESTVIEW INDUSTRIAL PARK AREA
12
13 The City Council has indicated that they want to proceed with a code amendment to create interim
14 performance standards for the Hughs/W estview Industrial Park area. Based on input from the
15 Council and the Planning Commission, staffhas drafted a code amendment creating guidelines for
16 the use of interim performance standards in the area.
17
o 18 City Attorney Hawkins stated the criteria, at least in four, five and six, does not seem to have any
19 definitive standards. He would like to see something a little more definitive as to what the standard
20 is. If they make these too subjective they will submit themselves to the challenge of being arbitrary.
21 He would like to see a little more definition as to what they are looking for in the standards.
22
23 Councilmember Trude stated some of the businesses have retail and she thought that they had a
24 standard for that portion of the building based on five spots if they have a thousand feet of retail
25 space. The way she would read that is the paving of the parking area for customers would be those
26 five slots and the rest of the business might be exterior storage which would not require paving.
27
28 Councilmember Orttel wondered if they could put in there "based on the type of business" and
29 wouldn't that refer back to their ordinance because there are radically different parking requirements
30 for different uses. City Attorney Hawkins stated he did not know what the standard was in the
31 ordinance without this but he did know there are standards and if they want to use something ''paving
32 and parking areas" then the idea is that the standard is not going to be that. He would like to have
33 something that tells then what they need to look at.
34
35 Councilmember Trude thinks the issue in Hughs Industrial is ninety-nine percent of the land is
36 unpaved and it would be a huge expense to pave and then to provide storm water ponding and a lot
37 of the businesses there do not require that dress up at this point.
38
39 City Attorney Hawkins thought that was a good way to put it. They need to look at their current
040 standard and try to figure out what they are trying to accomplish in this area under the interim use.
41
42 Mr. Dickinson stated any proposal that would come forward will be brought to the Council and
43 Planning Commission for review and approval. They will see what the variation is from the current
44 code. They could indicate six basic criteria and state what percentage of them need to be met and to
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 5
1 what extent. He thought there were certain issues in here that could be expanded upon. He stated
2 they needed to have something in their proposal that identifies the true need of the business for those
3 types of things.
4
5 Councilmember Trude stated when she looked at this she thought the first few criteria under Item D,
6 the review criteria, are the items the Council and staff are going to look at and focus on to see what
7 they can vary on in their existing code. She wondered if they should delete Items four through seven
8 and say "existing commercial standards under their traditionai code requires a certain number of
9 planting and parking lots that are completed with curb and gutter and all of the regular standards can
10 be varied from in this location based on factors one-three." She thinks this will be a balancing type
11 of test. She wondered if they should delay this a little and change how this is organized.
12
13 Councilmember Trude thinks this is organized poorly and thought they may need to say that their
14 current standards will apply except they will allow a variance from the three standards, screening and
15 exterior storage, paving and parking lots and plantings when they look at the factors listed as one,
16 two and three and these will determine if they can vary. City Attorney Hawkins indicated he felt
17 more comfortable with that.
018
19 Councilmember Trude asked if it could be redrafted a little bit.
20
21 Motion by Jacobson; Seconded by Trude, to send the draft ordinance back to staff and have section B
22 redrafted by staff and the attorney based upon the comments and brought back to the next Council
23 meeting. Motion carried unanimously.
24
25
26 ADOPT 2008 PRELIMINARY TAX LEVY
27
28 Each year the City Council is required by state law to approve a preliminary budget and submit a
29 preliminary levy certification to Anoka County Property Records and Taxation Division by
30 September 15th.
31
32 The 2008 Preliminary Levy certification is the outcome of numerous budget workshops held with the
33 Council over the summer. The Preliminary 2008 Budget proposes a total property tax levy of
34 $10,188,718: $6,561,135 (64.39%) operational levy, $2,202,297 (21.62%) debt service levy, and
35 $1,425,286 (13.99%) capital levy. The Council has the right to reduce or keep constant this levy
36 until the final certification date of December 28,2007. The proposed levy will result in a 2.8%
37 increase in the tax capacity rate.
38
39 The proposed levy includes the first year of the Open Space Referendum levy. Without the Open
040 Space Levy the increase in the tax capacity would be minimal or constant.
41
42 Mr. Dickinson discussed the staff report with the Council.
43
44 Councilmember Jacobson stated for the public's understanding he asked for an explanation what the
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 6
1 difference is between the 2.8% increase and the tax capacity rate. Mr. Dickinson explained that the
2 tax capacity rate is what is applied to the tax capacity value of a home. A tax capacity value is taken
3 from the market value.
4
5 Motion by Knight, Seconded by Jacobson, to approve the attached resolution that indicates a total
6 preliminary levy of $10,188,718 to be submitted to the Anoka County Property Records and
7 Taxation Division by September 15,2007.
8
9 CouncilmemberTrude stated one thing that was interesting to the public is staffwas able to look at
10 the Open Space Levy Fund potential purchase ofland within the CPI budget so they are taking on a
11 whole new program that taxpayers agreed to at the last election and maintaining their staffing levels
12 at a little lower level in general to cover this so that no homeowner is going to be hit with a big
13 increase unless their value is goes up.
14
15 Motion carried unanimously. (RES. RI25-07)
16
17
018 2008 DEBT SERVICE LEVY CHANGES
19
20 Anoka County Property Records and Taxation Division requires a City Council resolution changing
21 bonded indebtedness levies for 2008 that would have been certified to Anoka County as part of prior
22 years' bond sales.
23
24 Motion by Jacobson, Seconded by Knight, to approve the attached resolution that would update
25 certified bonded indebtedness levies for 2008. Motion carried unanimously. (RES. RI26-07)
26
27
28 SET TRUTH IN TAXATION HEARING DATE
29
30 This year the Andover City Council is required to hold Truth in Taxation meetings. These meetings
31 give the public the opportunity to comment on the proposed 2008 budget and tax levy.
32
33 The first hearing date selected by the City will be for the initial hearing to present the proposed levy
34 and budget to the public. If the initial hearing is not sufficient for all public comment and further
35 discussion is required, a continuation hearing will be necessary.
36
37 Motion by Trude, Seconded by Knight, to schedule a Truth-In- Taxation hearing for Tuesday,
38 December 4, 2007 at 7:00 p.m. with a continuation hearing for Tuesday, December 18, 2007 at 7:00
39 p.m. with the official adoption being done on Tuesday, December 18, 2007. Motion carried
040 unanimously.
41
42
43
44
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 7
1 ADMINISTRATOR'S REPORT
2
3 City Administrator Dickinson updated the Council on the administration and city department
4 activities, meeting reminders, development activity and miscellaneous projects.
5
6 City Engineer Berkowitz updated the Council on road improvements projects in the City.
7
8
9 MAYOR/COUNCIL INPUT
10
11 (Hanson Boulevard Update) - Mayor Gamache asked what the plans are for Hanson Boulevard and
12 when did they plan on opening it up and are they still on schedule. Mr. Berkowitz stated his
13 understanding is by November 1st they want to have the roadway opened to traffic and then the
14 remainder of the construction will occur in the next construction season with full completion for fall
15 2008.
16
17 (Hanson Bridge Signing) - Councilmember Trude asked if the County is working on better lining or
o 18 signing at the Hanson Boulevard Bridge because she has talked to people and they have encountered
19 confusion. Councilmember Orttel thought after time people will get used to it and things will run
20 smoothly.
21
22 (Frank Stone Retirement) - Councilmember Knight wanted to acknowledge Frank Stone for all his
23 years of service in Andover and he thought he deserved some kind of public commendation.
24
25 (Seal Coating Clean Up) - Councilmember Jacobson wondered when the public works department is
26 going to go around and pick up after the seal coating is done. Mr. Berkowitz stated they should be
27 working on it now and hopefully within the next few days they will have it all picked up.
28
29 (City Updates) - Mayor Gamache stated they have recycling day this weekend on Saturday from 9:00
30 a.m. to 3:00 p.m. and Saturday, September 15th is shredding day.
31
32 (I35W Bridge Meeting) - Mayor Gamache stated he attended an I35W bridge meeting and they are
33 going out for bids and he thought the bids would be ready by September 15th. From what they are
34 saying the bridge will be up and running as early as July 2008 and as late as December 2008.
35
36 (Senior Snow Shoveling Help) - Councilmember Jacobson stated they talked earlier in the year about
37 having groups in the City help seniors and disabled residents with snow shoveling in the winter and
38 he wondered if staffis working on that so they are ready to go this winter. Mr. Berkowitz stated they
39 will be contacting groups to volunteer to help out.
040 (Andover Husky Football Team Congratulations) - Mayor Gamache wanted to congratulate the
41
42 Andover Husky Football team for winning their opening game against Champlin Park and noted
43 Anoka won their first game also.
44
Q Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 8
1 Motion by Jacobson, Seconded by Knight:, to adjourn. Motion carried unanimously. The meeting
2 adjourned at 8:00 p.m.
3
4 Respectfully submitted,
5
6 Susan Osbeck, Recording Secretary
0
0
aJ
0
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 / Finance Director
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Payment of Claims
DATE: September 18, 2007
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $180;111.01 on disbursement edit lists #1 -#3 from 09/05/07 to 09/13/07 have been issued
and released.
0 Claims totaling $239,303.42 on disbursement edit list #4 dated 09/18/07 will be issued and released upon
approval.
BUDGET IMP ACT
The edit lists consist of routine payments with expenses being charged to various department budgets and
proj ects.
ACTION REQUIRED
The Andover City Council is requested to approve total claims in the amount of $419,414.43. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
t/u Q~J
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.CI.ANDOVER.MN.US
/
~
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator . ~
David D. Berkowitz, Director of Public Works/City Enginee~
FROM: Todd J. Haas, Asst. Public Works Director
SUBJECT: Declare Cost/Order Assessment RoW07-27/14124 Crosstown Boulevard NW/SS
& WM - Engineering
DATE: September 18, 2007
INTRODUCTION
0 This item is in regards to declaring cost and ordering assessment roll for 14124 Crosstown Boulevard
NW sanitary sewer & water main, Project 07-27.
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 proposed assessment is based on the 2007 rates and the rates are as follows:
Part A - Sanitary Sewer
Area Charge (Previouslv assessed under City Proiect 87-3) $0.00
Connection Charge
$387 per unit x 1 unit = $387.00
Lateral Charge
100 feet x $38 per foot = $3.800.00
Total (Sanitary Sewer) = $4,187.00
Part B - Water Main
Area Charge (Previouslv assessed under City Proiect 87-3) $0.00
0 Connection Charge
$2,920 per unit x 1 unit = $2,920.00
Lateral Charge
100 feet x $38 per foot = $3.800.00
0 Mayor and Council Members
September 18,2007
Page 2 of2
Total rvv ater Main) = $6,720.00
Total for Sanitary Sewer & Water Main = $10,907.00
BUDGET IMP ACT
The $10,907.00 would be assessed over a 5 year period.
ACTION REQUIRED
The City Council is requested to adopt the resolution declaring cost and ordering preparation of
assessment roll for Project 07-27, 14124 Crosstown Boulevard NW.
Respectfully submitted,
0 T~L~
Attachments: Resolution & Location Map
cc: Kenny Slyzuk, 1521.1 Nightingale Street NW, Andover
0
CITY OF ANDOVER
0 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 SANITARY SEWER &
WATER MAIN ,FOR PROJECT 07-27, 14124 CROSSTOWN BOULEVARD
NW.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, the expenses incurred or to be incurred in the making of such
improvement amount to $ 10.907.00 so that the total cost of the improvement
will be$ 10.907.00
1. NOW, THEREFORE BE IT RESOLVED by the City Council ofthe 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 $ 10.907.00
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
0 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.
MOTION seconded by Council member and adopted by the
City Council at a reqular meeting this 18th day of September ,2007 , with
Council members
voting in favor of the resolution, and Council members
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
0 ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
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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: MaY'" '"" Council Membcrs ~
CC: Jim Dickinson, City Administrator -
FROM:- David Berkowitz, Director of Public Works/City Engineer
SUBJECT: Declare Costs/Order Assessment RoII/05-11/Tulip Street NW - Engineering
DATE: September 18, 2007
INTRODUCTION
The City Council is requested to declare the costs and order the preparation ofthe assessment roll for
Project 05-11, Tulip Street NW between 16181 Avenue NW and Valley Drive NW.
DISCUSSION
The construction of Tulip Street NW from 16181 Avenue NW to Valley View Drive was completed in
June of this year. Benefiting properties are to be assessed as identified in the feasibility report that
0 was approved by the City Council on March 8, 2006. The assessments were set at a lump sum for
existing parcels and were based on a potential buildable lot for larger parcels that are not currently
developed. The residential assessments are $3,000 per lot for parcels less than 2.5 acres and $4,800
for parcels that are greater than 2.5 acres. Larger parcels that have a potential to split into 2.5 acre
minimum lots will also be assessed for the potential developable lot at a rate of $4,800 per lot.
Attached is the final assessment worksheet for each residential/potential residential parcel.
Meadow Creek Christian School shall be assessed for two potential residential lots along Tulip
Street and also assessed for intersection improvements to 16181 Avenue NW and Tulip Street related
to the plan construction of the school at the northeast comer of this intersection. It was determined
by a traffic impact study conducted by a consulting engineering firm who was hired by Meadow
Creek that the school would generate 33.5% of the traffic at this intersection. The intersection costs
were separated out and 33.5% of the cost will be assessed to the Meadow Creek Christian School
property. The intersection assessment was estimated at $107,969.49 and the actual assessment is
$101,136.81.
BUDGET IMPACT
The project is funded by Municipal State Aid funds and property assessments.
ACTION REOUlRED
The City Council is requested to approve the resolution declaring cost and directing the preparation
of assessment roll for Project 05-11, Tulip Street NW between 16181 Avenue NW and Valley Drive
0 NW.
Respectfully submitted,
~(J. B.- Lif
David D. Berkowitz
,/'- ,/'
Attachments: Resolution & Assessment Worksheets
CITY OF ANDOVER
0 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 PROJECT 05-11 ,TULIP
STREET NW BETWEEN 161sT AVENUE NW AND VALLEY DRIVE NW.
THE CITY COUNCIL OF THECITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, the final contract cost for the improvement amounts to
$ 1.322.646.43 , the expenses incurred or to be incurred in the making
of such improvement amount to $ 418,622.75 so that the total project cost
of the improvement will be $ 1.741.269.18
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 $ 1.558,532.37 the amount to be assessed
against benefited property owners is declared to be$ 182.736.81
2. Assessments shall be payable in equal annual installments extending over a
period of JL years. The first of the installments to be payable on or before the
0 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.
MOTION seconded by Councilmember and adopted by the
City Council at a- reQular meeting this 18th day of September, 2007, with
Council members voting in
favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
0 ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
0 FINAL ANDOVER ASSESSMENT WORKSHEET - MEADOW CREEK CHRISTIAN SCHOOL
Project Name: Tulip Street Reconstruction Project No. : 05-11 & 06-20A
Feasibility Report March 8, 2006 Amount: $1,245,358.00
Contract Award August 2,2006 Amount: $1,347,877.93
Final Construction Cost (Final Schedule I) - Total Project Amount: $1,322,646.43
Costs Associated with Meadow Creek Christian School
Final Construction Costs 161st Avenue East of Tulip (33.5%) $10,927.81
161st Avenue West of Tulip (33.5%) $13,713.85
Tulip Street - South of 161st (33.5%) $19,071.57
Tulip Street - North of 161st (33.5%) $33,109.04
Meadow Creek Turn Lane (100%) $81,478.10
Amount: $158,300.36
Final Expenses Total Proiect
Engineering (Includes Inspection): $53,623.49
Consulting Costs $248,944.87
Aerial Mapping (1% of street) $9,055.82
Drainage Plan (0.3% of street/storm) $3,954.44
0 Administration (3%) $39,679.39
Assessing (1%) $13,226.46
Recording Fees I Legal & Easement $4,10.1.00
Advertising $897.75
Permit and Review Fees $915.04
Street Signs (Materials and Labor) $14,577.48
Material Testing $14,607.75
Construction Interest $11,731.21
City Costs $3,308.04
Total Final Expenses $418,622.75
Expenses Multiplier 31.65%
Final Project Cost - Total Project $1,741,269.18
Actual Assessments for Meadow Creek Christian School (Includina Multiplier)
161st Avenue/Tulip Street Intersection (C.P. 05-11) $101,136.81 **
Turn Lanes on 161stAvenue (C.P. 06-20A) $107,266.23
Total Actual Assessment for Meadow Creek Christian School $208,403.04
Feasibilitv Report Assessments for Meadow Creek Christian School (Includina Multiplier)
0 161st Avenue/Tulip Street Intersection (C.P. 05-11) $107,969.49
Turn Lanes on 161st Avenue (C.P. 06-20A) $134,958.65
Total Feasibility Report Assessment for Meadow Creek Christian School $242,928.14
0 FINAL ASSESSMENT WORKSHEET
Tulip Street NW
Street Improvements
City Project 05-11
Andover, Minnesota
Name ADDRESS Parcel No. Unit Actual Estimated
Assessments Assessments
Charles W. & Alice M. Simi 16120 Tulip ST NW , Andover, MN 55304 173224240007 1 $3,000.00 $3,000.00
James H. Jones 16134 Tulip ST NW . Andover, MN 55304 173224240008 1 $3,000.00 $3,000.00
Meadow Creek Christian School 16127 Tulip ST NW , Andover, MN 55304 173224130003 2 $9,600.00 $9,600.00
(4) Meadow Creek Christian School 16127 Tulip ST NW , Andover, MN 55304 173224130003 $101,136.81 $107,969.49
John H. & C.D. Davidson 16144 Tulip ST NW , Andover, MN 55304 173224240009 1 $3,000.00 $3,000.00
Richard & Sally Smebak 16152 Tulip ST NW , Andover, MN.55304 173224240010 1 $3,000.00 $3,000.00
Robert & Marlys Oie 16212 Tulip ST NW , Andover, MN 55304 173224240025 1 $3,000.00 $3,000.00
Jeffrey L. Hanson 16220 Tulip ST NW , Andover, MN 55304 173224240002 1 $3,000.00 $3,000.00
(3) City of Andover Unassigned Address, Andover, MN 173224240001
Larry W. & Susan M. Small 16228 Tulip ST NW , Andover, MN 55304 173224240023 1 $3,000.00 $3,000.00
Patrick G. & Barbara A. Hanle 16236 Tulip ST NW , Andover, MN 55304 173224240024 1 $3,000.00 $3,000.00
Robt J. Jr. & Bonnie Lee Dehn Unassigned Address, Andover, MN 173224210001
(1) Meadow Creek Christian School Unassigned Address, Andover, MN 173224120007
(1) Robt J. Jr. & Bonnie Lee Dehn Unassigned Address, Andover, MN 173224120006
(1) Robt J. Jr. & Bonnie Lee Dehn Unassigned Address, Andover, MN 173224120004
Robt J. Jr. & Bonnie Lee Dehn Unassigned Address, Andover, MN 173224120003 1 $4,800.00 $4,800.00
Robt J. Jr. & Bonnie Lee Dehn 16485 Tulip ST NW , Andover, MN 55304 173224120002 1 $4,800.00 $4,800.00
Robt J. Jr. & Bonnie Lee Dehn Unassigned Address, Andover, MN 083224340001 4 $19,200.00 $19,200.00
0 Guy R. & Etal Winters 16735 Tulip ST NW , Andover, MN 55304 083224420002 1 $4,800.00 $4,800.00
Steven D. & Sharon Mueller 16738 Tulip ST NW , Andover, MN 55304 083224310004 1 $~,800.00 $4,800.00
Mark & Marilyn G. Foresth 16772 Tulip ST NW , Andover, MN 55304 083224310005 1 $4,800.00 $4,800.00
Richard P. & Susan A. Guzik 16781 Tulip ST NW , Andover, MN 55304 083224420016 1 $4,800.00 $4,800:00
TOTAL $182,736.81 $189,569.49
(1) Not assessed due to Flood Plain.
(2) $4800/Buildable Rural Lot (300' frontage & 2.5 acre minimum)
(3) Not a.ssessed - City Park Property
(4) Intersection Costs for Tulip Street NW & 161 st Avenue NW Improvements (33.5% of totai intersection improvement cost)
EXHIBIT A
0
0 C I T Y o F @
NDOVE
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 Berkowitz, Director of Public Wor s/City Engineer
SUBJECT: Declare Costs/Order Assessment RoW06-20AlMeadow Creek Christian School
Turn Lane Improvements - Engineering
DATE: September 18, 2007
INTRODUCTION
0 The City Council is requested to declare the costs and order the preparation of the assessment roll for
Project 06-20A, Meadow Creek Christian School Turn Lane Improvements.
DISCUSSION
In May of 2006, Meadow Creek Christian School initiated an improvement project to construct turn
lanes on 161 st Avenue NW to access their property on the northeast comer of 161 st Avenue NW and
Tulip Street NW. The project has been completed and the assessment to the property has been
determined to be $107,266.23, which includes construction and indirect costs. The feasibility report
prepared in June 2006 estimated the assessment to Meadow Creek Christian School to be
$134,908.65.
BUDGET IMPACT
The project is funded by Municipal State Aid funds and assessment to Meadow Creek Christian
School.
ACTION REOUlRED
The City Council is requested to approve the resolution declaring cost and directing the preparation
of assessment roll for Project 06-20A, Meadow Creek Christian School Turn Lane Improvements.
Respectfully submitted,
0 Q~Q.
David D. Berkowitz
Attachments: Resolutio{ & Assessment Worksheet /
CITY OF ANDOVER
0 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 PROJECT 06-20A,
MEADOW CREEK CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS.
.THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, the final contract cost for the improvement amounts to
$ 1.322.646.23 (Includes City Proiect 05-11) , the expenses incurred or to
be incurred in the making of such improvement amount to $ 418.622.75 (Includes
City Proiect 05-11) so that the total project cost of the improvement will be
$ 1.741.269.18
1. NOW, THEREFORE BE IT RESOLVED by the City Council ofthe City of
Andover, MN: The portion of the cost of such improvement to be paid by the
City is hereby declared to be $ 1.634.002.95 the amount to be assessed
against benefited property owners is declared to be $ 107.266.23
2. Assessments shall be payable in equal annual installments extending over a
0 period of JL 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.
MOTION seconded by Council member and adopted by the
City Council at a reqular meeting this 18th day of September, 2007, with
Councilmembers voting in
favor of the resolution, and Council members
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
0 ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
0 FINAL ANDOVER ASSESSMENT WORKSHEET - MEADOW CREEK CHRISTIAN SCHOOL
Project Name: Tulip Street Reconstruction Project No. : 05-11 & 06-20A
Feasibility Report March 8, 2006 Amount: $1,245,358.00
Contract Award August 2, 2006 Amount: $1,347,877.93
Final Construction Cost (Final Schedule I) - Total Project Amount: $1,322,646.43
Costs Associated with Meadow Creek Christian School
Final Construction Costs 161st Avenue East of Tulip (33.5%) $10,927.81
161 st Avenue West of Tulip (33.5%) $13,713.85
Tulip Street - South of 161st (33.5%) $19,071.57
Tulip Street - North of 161st (33.5%) $33,109.04
Meadow Creek Turn Lane (100%) $81,478.10
Amount: $158,300.36
Final Exoenses Total Proiect
Engineering (Includes Inspection): '$53,623.49
Consulting Costs $248,944.87
Aerial Mapping (1 % of street) $9,055.82
Drainage Plan (0.3% of street/storm) $3,954.44
0 Administration (3%) $39,679.39
Assessing (1%) $13,229.46
Recording Fees I Legal & Easement $4,101.00
Advertising $897.75
Permit and Review Fees $915.04
Street Signs (Materials and Labor) $14,577.48
Material Testing $14,607.75
Construction Interest $11,731.21
City Costs $3,308.04
Total Final Expenses $418,622.75
Expenses Multiplier 31.65%
Final Project Cost - Total Project $1,741,269.18
Actual Assessments for MeadowCreek Christian School (lncludina Multiolier)
161stAvenueITulip Street Intersection (C.P. 05-11) $101,136.81
Turn Lanes on 161 st Avenue (C.P. 06-20A) $107,266.23 1*
Total Actual Assessment for Meadow Creek Christian School $208,403.04
Feasibilitv Reoort Assessments for Meadow Creek Christian School (lncludina Multiolier)
0 161stAvenueITulip Street Intersection (C.P. 05-11) $107,969.49
Turn Lanes on 161 st Avenue (C.P. 06-20A) $134,958.65
Total Feasibility Report Assessment for Meadow Creek Christian School $242,928.14
0 @
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 Works/City Engineer
SUBJECT: Receive Assessm,ent RolIlWaive Public Hearing/Adopt Assessment RoII/07-
35/13817 Jay Street NW (Thurston-DeShaw Funeral Home)/WM -
Engineering
DATE: September 18, 2007
0 INTRODUCTION
This item is in regard to waiving the public hearing and adopting the assessment roll for 13817'
Jay Street NW (Thurston-DeShaw Funeral Home) for water main connection charge.
DISCUSSION
This item is the last step as required by law to be able to levy the assessment to the property.
BUDGET IMPACT
This will be assessed over a five year period.
ACTION REQUIRED
The City Council is requested to approve the resolution waiving the public hearing and adopting
the assessment roll for 13817 Jay Street NW (Thurston-DeShaw Funeral Home) for water main
connection charge.
Respectfully submitted,
Q~0~/
David D. Berkowitz
Attachments: Resolution~ssessment Roll~ Waiver /
0
cc: Daniel DeShaw, Thurston-Lindberg Funeral Home, 2005 Branch Ave., Anoka, Mn 55303
-
CITY OF ANDOVER
0 COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR WATER MAIN
CONNECTION CHARGE IN THE FOLLOWING AREA OF 13817 JAY STREET
NW (THURSTON-DESHAW FUNERAL HOME).
WHEREAS, the property owner has waived their right to a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual installments, extending over a
period of L years, the first of the installments to be payable on or before the 1 st
0 Monday in January, 2008 and shall bear interest at a rate of 5.5 percent
per annum from the date of the adoption of this assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment or the first installment thereof to the county auditor, pay the
whole of the assessment on such property, with interest accrued to the date of
payment, to the municipal treasurer, except that no interest shall be charged if the
entire assessment is paid within 30 days from the adoption thereof; and, except
as hereinafter provided, the owner may at any time prior to November 15 of any
year, prepay to the treasurer of the municipality having levied said assessments,
the whole assessment remaining due with interest accrued to December 31 of
the year in which said prepayment is made.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 18th day of September , 2007 , with
Council members
voting in favor of the resolution, and Councilmembers voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
0 ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
0
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13817 Joy 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: MunicipallD1provement
Dear City Engineer:
Owe do hereby petition to have the Water Connection Charge for the Thurston-DeShaw Funeral Home to be
assess~ against our benefiting property.
Said petition is nnRnimous and all public hearings may be waived. We would like to be assessed over a five
year period.
Sincerely,
qVP /'?f
J~:W'~Q~<-J
Daniel R. DeShaw
13817 Jay Street Northwest
Andover, Minnesota 55304
(763) 421-0220
0
C I T Y o F (i)
0 NDOVE
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 Administrato
FROM: Vicki V olk, City Clerk
SUBJECT: Approve Extension of Liquor License to Include Patio/Tanners Station
DATE: September 18, 2007
INTRODUCTION
Tanners Station has applied for an extension of their liquor license to include their
proposed outdoor patio.
0 DISCUSSION
Because of the Freedom to Breathe Act that will be in effect October 1,2007, Raymond
Warmuth, owner of Tanners Station has submitted a request for an extension of their
liquor license to include a proposed patio that will allow their patrons to smoke outside
and eat and drink. The patio is simply a concrete patio with no walls or roof.
Attached is the plan that was submitted to the Building Department for a permit to install
the patio door. Also attached is Mr. Wamuth's request.
ACTION REOUlRED
Council is requested to approve an extension to Tanners Station's liquor license to
include an outdoor patio.
Respectfully submitted,
tLL. tJv!L
Vicki V olk
City Clerk
0 Attach: Request and Drawing
08-15-2007 10:28 TIMBERLANE HOMES 763 784 2394 PAGEl
0 ~.
~~
- -
...
August 10, 2007 RECEIVED
City of Andover AUG 1 5 2007
1685 Crosstown Blvd. N.W.
Andover, MN 55304 elTY OF ANDOVER
0
Re: Extension of Liquor License
To the City of Andover,
Tanners Station is requesting an extension of its liquor license tor the proposed patio
area.
:zyou,
U~~U. .--~
Raymond warm~
Owner
0
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0 (!)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVE~.MN.US
TO:
CC:
FROM: Captain Dave Jenkins - Anoka County Sheriff s Office
SUBJECT: Receive Anoka <;ounty Sheriffs Department Monthly Report - Sheriff
DATE: September 18, 2007
INTRODUCTION
Captain Dave Jenkins from the Anoka County Sheriffs Office will be present to provide the
0 Council and the citizens of Andover with an update on law enforcement activities within the
City.
DISCUSSION
To be verbally presented.
ACTION REOUIRED
For Council information.
Respectfully submitted,
Captain Dave Jenkins
Anoka County Sheriffs Office
0
@
0 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrato
Will Neumeister, Community Deve
FROM: Courtney Bednarz, City Planne~
SUBJECT: Consider Revised Landscaping PlanIMosquito Control Expansion/1280 Bunker Lake
Blvd. NW -Planning
DATE: September 18,2007
INTRODUCTION
The Council approved the conditional use permit amendment with the condition that a revised
landscaping plan be brought back for approval.
DISCUSSION
The attached landscaping plan illustrates the proposed plants, areas that will be sodded, seeded
and irrigated. The plan also shows the construction limits, beyond which the existing vegetation
0 will be preserved.
The plan will provide new trees and shrubs that exceed the requirements of City Code 12-13 -6 as
shown in the table below.
Trees Shrubs
Site Perimeter 1,788 feet 1 per 50 feet 36 1 per 20 feet 89
Building Perimeter 450 NA NA 1 per 10 feet 45
Total Required 36 Trees 134 Shrubs
Total Provided 99 Trees 157 Shrubs
Attachments
Previous Conceptual Landscaping Plan
Current Landscaping Plan
Council Minutes
ACTION REQUESTED
The Council is asked to determine ifthe revised landscaping plan meets its expectations.
0
Cc: R. Richard Gauger Gauger Engineering, Inc. 35 W. Water StreetSt. Paul, MN 55107
Wayne Hilbert CNH Architects 7300 West l4ih Street, Suite 504 Apple Valley, MN 55124
R.E.l/JOU 5 Conceptual Landscaping Plan
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-~-
0 Regular Andover City Council Meeting
Minutes - August 21, 2007
Page 8
. CONSIDER CONDITIONAL USE PERMIT AMENDMENT/MOSQUITO CONTROL
BUILDING EXPANSION/1280 BUNKER LAKE BL VD NW
Mr. Neumeister stated the applicant is requesting an amendment to their conditional use permit to
allow additional office space, a new storage building and additional parking area.
Motion by Knight, Seconded by Orttel, 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
3. Screening of Bunker Lake Boulevard must be reviewed and approved by Council and
staff
Councilmember Jacobson stated they need some screening to screen the building from Bunker Lake
Boulevard and he indicated he would not vote in favor ofthis unless screening is done.
0 Mr. Richard Gauger, Gauger Engineering, Inc., 35 W. Water Street, St. Paul, MN, and Mr. Wayne
Hilbert, CNfI Architects, 7300 West 147th Street, Suite 504. Apple Valley, MN were at the meeting
to answer questions.
Mr. Gauger stated the portion of the property they lease from Anoka County does have a landscaping
plan. He thought what the Council is concerned about is additional landscaping work that needs to
be done within the right-of-way, which the County controls. They are providing from a District
standpoint quite a bit of landscaping around the building. He stated they are trying to address the
landscaping issues around the property they are leasing and he can take the comments back to the
County for consideration because he did not know what else they can do as a District regarding
additional screening.
Councilmember Trude thought the bulk of the landscaping need to go between Bunker Lake
Boulevard and the building.
Motion carried unanimously. (RES. Rll8-07)
CONSIDER CONDITIONAL USE PERMIT AMENDMENT/475 ANDOVER BLVD NW
Mr. Neumeister 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
0 applicants would like to change those plans and build a separate prayer room on the site, leaving the
existing house untouched.
Mr. Neumeister stated for the record he want to make sure the new building will conform to the City
Building Code for building materials. He wants this worded so the applicant understands they must
-5"-
C I T Y o F @
0 NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayo, '"" Councilmembcrs ~
CC: Jim Dickinson, City Administrator .,
Will Neumeister, Community Develop t Director tucL
FROM: Chris Vrchota, Associate Planner P-
SUBJECT: Consider CityCode Amendment/Establishing Interim Performance
Standards/Hughs-Westview Industrial Park Area - Planning
DATE: September 18, 2007
INTRODUCTION
The City Council continued this item at their September 4th meeting, directing staff to make
some changes to sections C and D.
DISCUSSION
0 The changes requested by the Council have been made. The changes were organizational
and do not make any substantive change to the performance standards or how they are
applied.
Attachments
Ordinance
Summary Ordinance
ACTION REQUESTED
The City Council is asked to approve the proposed code amendment and summary ordinance.
~~
Chris Vrchota
0
CITY OF ANDOVER
0 COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE CREATING INTERIM PERFORMANCE STANDARDS FOR THE
HUGHS/WESTVIEW INDUSTRIAL PARK. AREA
WHEREAS, interim performance standards for the Hughs/Westview industrial park area
have been created, and;
WHEREAS, the proposed changes have been reviewed and recommended for approval
by the Planning Commission.
NOW THEREFORE BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
ANDOVER HEREBY ORDAINS THE FOLL WING CHANGE TO THE CITY CODE
(Underlining being newly added language and strike-outs indicating language to be
removed):
12-13-23: INTERIM PERFORMANCE STANDARDS:
0 A. Purpose: Interim performance standards are intended to establish an alternative
level of site improvements for properties located inthe rural industrial area
generallvreferred to as the Hughs/Westview industrial park area. The Citv
acknowledges that the lack of municipal utilities limits the development potential
ofthese properties. These performance standards are intended to allow continued
use, expansion and redevelopment with a level of site improvements that is
commensurate with the development potential of the properties.
B. Applicabilitvand Scope: This section shall apply to anv expansion of use
requiring a conditional use permit or commercial site plan on all properties
generallv described as the Hughs/Westview industrial park area and legallv
described as the southwest quarter of the northwest quarter of Section 16,
Township 32, Range 24, Anoka Countv, Minnesota and the west half ofthe west
half ofthe southeast quarter of the northwest quarter of section 16, Township 32,
Range 24, Anoka Countv, Minnesota.
C. Procedure: Applications shall be processed under the Conditional Use Permit
procedures described in Citv Code 12-14-6 except as follows:
1. Application: The prollertv owner or designee shall submit a complete
application to the Communitv Development Department. A complete application
consists of the following:
0 a. A completed Conditional Use Permit form and fee as described in Citv
Code 1-7-3.
-2.. -
0 b. A site plan that describes all of the existing and proposed site
improvements, including the dimensions of the propertv, buildings,
parking, landscaping and storage areas and distances from propertv lines.
c. A letter describing the existing use of the propertv, the proposed use of
the propertv and all of the proposed site improvements.
d. Other information deemed necessary bv staff to review the request.
2. Council Determination: The Citv Council shall approve or denv the application
based on the factors established in this section. The Citv Council mav attach such
conditions as thev determine necessarv to provide the appropriate level of site and
building improvements to accomplish the purpose of this section. The level of
required improvements shall be determined on a case-bv-case basis. Applications
shall be reviewed based on the following factors:
a. Existing appearance of the building and site:
b. Compatibility ofthe proposed site development plan with the other
industrial properties in the area;
c. Effect of the proposed use and the proposed site development plan on
the adiacent residential neighborhood, including traffic, noise, glare,
0 buffers, and environmental impacts;
D: Deviations to the performance standards will be considered in the following areas:
1. Parking and Impervious Surface Areas:
a. Screening, landscaping, visual appeal. and lighting of parking lot areas.
b. Paving of parking areas for customers.
c. Dust control measures for unpaved parking and storage areas.
2. The amount. type, location, and screening of exterior storage requested as a
part of anv Conditional Use Permit.
3. Screening of mechanical equipment and trash bins/dumpsters.
4. Other factors related to the new development proposal. as the Citv Council mav
deem relevant.
E. Term of Approval: Interim performance standards approved under this section
shall endure until City sewer and water are extended into the area affected bv this
0 section. At that time, anv future expansion or redevelopment of the affected
properties shall be required to fullv conform to the regular performance standards
ofCitv Code 12-13.
-3-
0 F. Other Requirements: Proposed improvements or changes in use will be reviewed
bv the Building Official and Fire Chief. Thev will make a determination of whether or
not the building(s) on the site need to be brought into compliance with applicable
building and fire codes. Site improvements must also be made to meet the requirements
of the National Pollutant Discharge Elimination Svstem (NPDES). No portion of this
section shall be used to varv from these requirements.
Adopted by the City Council ofthe City of Andover this _ day of 2007.
CITY OF ANDOVER
Attest:
Michael R. Gamache - Mayor
Victoria V olk - City Clerk
0
0
~y~
CITY OF ANDOVER
0 COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. SUMMARY
AN ORDINANCE CREATING INTERIM PERFORMANCE STANDARDS FOR THE
HUGHS/WESTVIEW INDUSTRIAL PARK AREA
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statute 462.
Policy
Interim performance standards are intended to establish an alternative level of site improvements
for properties located in the rural industrial area generally referred to as the Hughs/Westview
industrial park area. The City acknowledges that the lack of municipal utilities limits the
development potential of these properties. These performance standards are intended to allow
continued use, expansion and redevelopment with a level of site improvements that is
0 commensurate with the development potential of the properties.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions ofthis ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk.
Adopted by the City Council ofthe City of Andover on this _ day of 2007.
0 ATTEST: CITY OF ANDOVER
Victoria V olk, City Clerk Michael R. Gamache, Mayor
-5>--
G9
0 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
Will Neumeister, Community Development Directort~
FROM: Chris Vrchota, Associate Plannerii'
SUBJECT: Consider Conditional Use PermitlRetail Sales in Industrial District/313I - 161 st
Avenue NW - Planning
DATE: September 18, 2007
INTRODUCTION
The applicant wishes to operate a retail feed store in an existing building located in an industrial
zoning district.
DISCUSSION
As per City Code 12-13-3, Retail Trade and Services is a conditional use in the Industrial Zoning
District. This grants the City the ability to make sure that the site is suited for retail traffic and is
0 compatible with the surrounding land uses, including the adjacent industrial uses and the residential
area to the south.
The applicant is also proposing exterior sales, which is also a conditional use in the industrial district.
As stated in the applicant's letter, the area under the canopy in front of the building would be used
for display of materials for sale during store hours only.
Normally, when a property is granted a CUP, the site is required to be brought into compliance with
the City's Zoning Code. Based on the fact that the Council would be reviewing and potentially
adopting interim performance standards for the Hugh's/Westview industrial park area at the same
meeting that they would be reviewing this proposal, the Planning Commission considered site
improvements for this CUP request under the assumption that the interim performance standards
would be used. A condition has been included in the attached resolution stating that if the Council
does not adopt the interim performance standards, the site will need to be brought into compliance
with the zoning code or the applicant will need to apply for a variance.
The site does not currently comply with the following standards:
. Parking Stall Striping- there are 4 parking stalls striped in front of the building. Based on the
applicant's drawing, the space is approximately 2000 square feet. This amount of space
would require 10 parking stalls. The south half of the parking lot is not striped, so the
additional stalls could be provided in that area.
. Parking Lot Lighting- The only lighting for the parking lot is a light on the roof of the
building.
. Parking Lot Curbing- There is no curbing around the parking lot.
0 . Trash Enclosure- There is no screened trash enclosure for the business.
. Landscaping- There is no landscaping around the parking lot.
Staff makes the following recommendations in regard to the performance standards: The parking lot
striping is an inexpensive and simple improvement that should be made. The existing lighting is
likely sufficient for the small parking lot- no additional lighting is needed at this time. Curbing of the
0 parking area is not being recommended, since the parking area is not being expanded and curbing
would accomplish little at this time. A fully screened trash enclosure is not needed, but the
dumpsters should be kept in the rear of the building, away from 161 st A venue and the residential
properties to the south. Lastly, a minimal amount of landscaping should be provided around the
parking lot to provide screening from 161 st A venue and the adjacent residential area.
If the interim performance standards are adopted, the City Council will need to determine what level
of site improvements will be required and add these as conditions in the attached resolution.
Applicable Ordinances
Chapter 12-5-6 B of the Andover City Code provides the following criteria for the issuance of a
Conditional Use Permit:
1. In granting a Conditional Use Permit, the City Council shall consider the advice and
recommendation of the Planning and Zoning Commission and:
a. The effect of the proposed use upon the health, safety, morals and general welfare of
occupants of surrounding lands.
b.. Existing and anticipated traffic conditions, including parking facilities.
c. The effect on values of property and scenic views in the surrounding area, and the effect of
the proposed use on the Comprehensive Plan.
2. If it shall determine by resolution that the proposed use will not be detrimental to the health,
safety, morals, or general welfare of the community, nor will cause serious traffic congestion or
hazards, nor will seriously depreciate surrounding property values, and that said use is in
0 harmony with the general purpose and intent of this title and the comprehensive plan, the City
Council may grant such permits.
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the proposed CUP. The Planning
Commission agreed with staffs recommendations for site improvements.
Staff Recommendation
Staff recommends approval of the proposed Conditional Use Permit subject to the conditions in the
attached resolution.
Attachments
Resolution
Location Map
Site Plan
Survey
Letter From the Applicant
Site Photographs
Planning Commission Meeting Minutes- 09.11.07 (When Available)
ACTION REOUESTED
The City Council is asked approve the proposed Conditional Use Permit subject to the conditions of
the attached resolution:
0 Res?ectfully S~,!A'~
Chns Vrchota
Cc: Kevin Petersen, 23 I 5 2nd Avenue N, Anoka, MN 55303
-2-
CITY OF ANDOVER
0 COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF KEVIN
PETERSEN FOR RETAIL TRADE AND SERVICES IN THE INDUSTRIAL ZONING
DISTRICT ON PROPERTY LOCATED AT 3121 l6lst AVENUE NW, (PIN 16-32-24-23-
0001) LEGALLY DESCRIBED AS:
Unplatted City of Andover; that part ofthe southwest 1/4 of the northwest 1/4 of Section 16,
Township, 32, Range 24 described as follows- Commencing on the southeast corner of the
southwest 1/4 ofthe northwest 1/4 of Section 16, Township, 32, Range 24- then westerly on the
south line of said 1/4 a distance of 461 feet to the actual point of beginning- then northerly
parallel to the east line of the southwest 1/4 of the northwest 1/4 to a point a distance of2,106.01
feet south of the north line of Section 16, Township, 32, Range 24- then westerly parallel to the
south line of said 1/4 to a point a distance of 650 feet east of the west line of the southwest 1/4 of
the northwest 1/4- then southerly parallel to the east line of the southwest 1/4 ofthe northwest
1/4 a distance of 78.98 feet- then westerly parallel to the south line ofthe southwest 1/4 of the
northwest 1/4 of Section 16, Township, 32, Range 24 to a point 370.42 feet east of the west line
of said 1/4- then southerly parallel to the west line of the southwest 1/4 of the northwest 1/4 to a
point on the south line of said 1/4 a distance of370.42 feet east ofthe southwest comer of the
0 southwest 1/4 of the northwest 1/4 of Section 16, Township, 32, Range 24- then easterly on the
south line of said 1/4 to the point of beginning, except roads; subject to easements of record.
WHEREAS, Kevin Petersen has requested a Conditional Use Permit for retail trade and services
in the industrial zoning district, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of City Code, and;
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, 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 request;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation ofthe Planning and Zoning Commission and approves the
Conditional Use Permit for retail trade and service in the industrial zoning district, under the
interim performance standards outlined in City Code 12-13-23, on said property with the
following conditions:
1. Site improvements as determined by the City Council shall be made, including:
a. Striping of an additional 6 parking stalls.
0 b. Landscaping around the parking lot area, in conformance with a landscape plan to be
submitted to the City.
c. Trash containers shall be kept in the rear of the property.
2. Exterior storage and sales of materials shall only be allowed during business hours.
-3-
3. The Conditional Use Permit shall be subject to a sunset clause as per section l2-l4-6-D
0 ofthe Andover City Code.
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
0
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CAINE 8 OMALLEY
LAND SURVEYORS, INC,
17720 Cenfrol Ave. N.E. Sot/erville Professional BIt/g.
Sot/erville. Minnesolo 55304
434-7646
SURVEY FOR: P. & R. Properties
DI::SCIU 0 ED ~\s:
___. .----....-- -
Parcel A; That part of the West Half of the"Northwest Quarter of Section 16, Township 32.
Range 24, Anoka County, Minnesbta. -lying South of the North 2106.01 feet,
East or
the West 650 feet, and West of the East 461 feet thereof.
Pureel ll: The East 279.58 feet of the West 650 feet of the West Half of the Northwest
Quarter. or Section 1.6. 'l'ownship 32. Range 24. Anoka County,
fHnnesota. lying
South of the North 2184.99 feet thereof.
North I'-ne of the W Ji of tJUJ NW Xldl $6'7/6. T3Z. R ~4.
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IIItHaT t:CItTl" 7JlAr rHI$ suaver. PLAN.
~II REPORT WAS PlfEPARCD BY liE ORIJNDCII
IIY DIRECT 8UPEmSION AND THAT I All A
WLI' RC9IS7"ERED LAND Sf/RVErDR UNDeR
rHELA," OF.THE STATE OI'IIINNCSOTA.
SCALE: I INCH- Itf}O FEET
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0 o DENOTES 1/2 INCH IRON PIPE.
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BEARINGS SHOWN ARE ASSUMED.
DATe Ao;,-I t!~ /'If1Z RCG.ND. liZZ-51
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ANOKA
\~t)EPENDE;Nl" 2315 - 2ND AVENUE NORTH. ANOKA, MINNESOTA 55303
O. ... OFFICE: 427-1050. Mill: 421-3160. FAX: 427-3507
GRAIN &; FEED
RECEIVED
August 20, 2007 AUG 2 1 2007
City of Andover
1685 Crosstown Blvd NW CITY OF ANDOVER
Andover, MN 55304
Dear Sir or Madam:
Anoka Independent Grain & Feed Dealers has entered into a lease agreement with
Joseph and Rita Kowal for the store front located at 3131 161$1 Ave. NW, Andover.
This parcel is included within the following legal description as follows: That part of
the SW % of Sac 16-32-24-TH WL Yon S Unassigned Situs Andover, MN.
The lease of this property will allow us to expand our current operations in Anoka
County. We have owned and operated a feed mill in downtown Anoka since 1948.
We would be retailing horse feed. chicken feed, deer feed, bird feed, dog food, and
0 cat food. We would also be selling water softener salt and lawn care products,
including fertilizer and grass seed.
This new location would increase our exposure to existing and new customers. We
would put miscellaneous items under the canopy in front of the store during business
hours. The location will only be used for retail. All storage of excess inventory will
remain at our warehouse in Anoka.
As we have demonstrated with our Anoka property, we will maintain this new
property with a focus on cleanliness and appeal to the surrounding properties. This
is not only friendly to our neighbors, it is also critical to our customer satisfaction. I
appreciate your consideration of this request.
Sincerely,
~~~~
Kevin Petersen
Vice President
Anoka Independent Grain & Feed Dealers, Inc.
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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 Administrato
Will Neumeister, Community Development Director l(,.eL
FROM: Courtney Bednarz, City Planne{\?
SUBJECT: Consider Preliminary Plat/Woodland Hills/Ward Lake Drive - Planning
DATE: September 18, 2007
INTRODUCTION
The Council is asked to review a plat containing five rural lots. The Council previously reviewed a
sketch plan for this project on June 20, 2006.
DISCUSSION
Conformance with Local and Regional Plans and Ordinances
The proposed project would conform to both the Rural Residential Land Use Designation and R-l,
Rural Residential Zoning District. No amendment or rezoning will be necessary.
0 Access
Public Street access is proposed to be provided from Ward Lake Drive with a new street extending
approximately 1,150 feet into the property before terminating in a cul-de-sac. A stub street would
be constructed to the north property line where it could be extended to provide a second access in
the future (as shown on the attached sketch plan). In the short term, however, the cul-de-sac will
exceed the 500 foot length allowed by City Code ll-3-3G. A variance to this standard is necessary
and has been included in the attached resolution. Staff recommends the variance be granted as the
applicant has shown how a second access could be achieved to the north in the future and no other
options exist for a second access due to the location of the surrounding floodplain.
It is important to note that the developer indicated at the Planning Commission meeting that the stub
street to the north will not be finished with a temporary cul-de-sac as shown on the attached plan
set. The stub street is less than 210 feet in length and therefore, a temporary cul-de-sac is not
required by City Code ll-3-3G. The plan set has been revised to reflect the current proposal.
Additionally, the stub street is held short of a ditch at the north end of the property to prevent
impacts to this drainage way. The applicant remains responsible for extending the street to the
property line, including half of the cost of a future culvert needed to cross the ditch and allow a
second access to the proposed development. A condition of approval identifies this responsibility
that will be addressed in the development contract.
Adjacent Property to the South
0 The site is nearly surrounded by floodplain. However, there is a limited amount of upland area
adjacent to the southwest edge of the project. This area is currently occupied by a storage building
with a driveway access to Ward Lake Drive. Although not discussed during the sketch plan review,
staff estimates that the upland area could be split to allow two rural lots. This assumption is based
on topography that was done in 1976. No soil borings have been completed in this area to
definitively show that this is possible.
Q As proposed by the developer, the new street would end in a cul-de-sac with lots between it and the
upland property to the south. City Code ll-3-2B allows the city to require roadways to be extended
to the property line to allow them to be extended in the future. The applicant is opposed to
extending the street to the property line as indicated in the attached letter. Conversely, the property
owner to the south has provided a letter requesting the street extension. In either event the street
will not allow a second access into the development due to the size and location of the surrounding
floodplain.
Extending the street to the south property line will impact the proposed plat. For the property to the
south to be able to be split it appears that the road will need to be brought in roughly at the center of
the upland area (see attached Potential Future Development Graphic). Extending the road in this
manner will bisect proposed Lot 2, Block 1 and cause this lot to fall below the 2.5 acre minimum lot
size and will increase the size of Lot 3, Block 1. Some of the lost acreage could be taken from Lot
1, Block 1 (shown at 3.12 acres in size). However, staff estimates that even this manipulation will
result in one lot at 2.5 acres and one at 2.08 acres or two lots at 2.29 acres in size. To summarize, a
variance to one or more lots in the proposed development will be needed to provide a street
connection to the south. Additionally the permanent cul-de-sac shown on the proposed plat would
need to be replaced with a temporary cul-de-sac at the south end of the property.
If the Council agrees that the road should be extended to the south, staff also recommends that this
condition of approval be contingent upon the property owner to the south demonstrating that two
C buildable lots can be achieved based on the city's requirements for rural lots. A reasonable time
frame for this evaluation to be completed should also be included to avoid further delay in the
development ofthe proposed plat. Staff has been in contact with the property owner to discuss this
scenarIO .
Ifthe Council determines that a street connection to the south is not appropriate, this issue is
resolved. If the Council determines that a street connection to the south is necessary, a preference
for the lot size of the affected lots is needed (as described above). Additionally, a time frame for the
completion of build ability requirements for the property owner to the south would be needed.
Future Street Improvements
The section of Ward Lake Drive adjacent to the subject property is a gravel road. The Andover
Review Committee is recommending that the applicant pay for the portion of Ward Lake Drive
within the proposed plat to be improved to an urban street section. As shown on the plat, this is one
half of the street adjoining the subject property. The estimated cost ofthis portion of the future
street improvement is $10,224. An improvement project will be triggered by further development in
this area or the deterioration of the roadway to a point where it needs to be reconstructed. A
condition of approval has been added to the attached resolution in this regard. The applicant is
opposed to this requirement as indicated in their attached letter. The Planning Commission
preferred to have the road improved to a paved surface from the point where it transitions to gravel
(at the north side of the ditch and north property line of the proposed development) to the south line
0 of the proposed development.
2
0 Lots
Without the street extension to the south described above, each of the lots will exceed the 2.5 acre
minimum required by the R -1 Zoning District as well as provide the required lot width and depth.
The irregular shaped lots are a result of these requirements, the triangular shape of the property and
the wetland and floodplain constraints.
Tree Preservation
The attached Tree Preservation Plan indicates the areas of existing trees that will be saved and those
that will be removed. The three westerly lots are proposed to be custom graded to allow flexibility
to work with the topography of these lots.
Wetland and Floodplain Impact
The combination of topography and the city's requirements make this a difficult site to develop. As
a result, there are several areas of wetland and floodplain fill as shown on the attached grading plan.
To compensate for these areas, new wetland and floodplain areas are provided in portions of the site
that are not needed for the street, building pads or drain fields. This plan has been approved by the
Lower Rum River Watershed Management Organization with several conditions. A copy ofthese
conditions and the proposed wetland mitigation plan are attached.
It should also be noted that the developer has received FEMA approval to remove the floodplain
areas that are proposed to be filled from the officially adopted floodplain map.
0 Planning Commission Recommendation
The Planning Commission recommended approval ofthe proposed plat with the following
stipulations:
1. A variance to the length of proposed 174 th Lane NW be granted.
2. Proposed 174th Lane NW should be extended to the south property line to accommodate future
development to the south provided the property owner to the south demonstrates that more than
one buildable lot can be achieved within 10 business days. This time frame presumably would
start from the date of Council approval.
3. The developer should revise the plan set to show the street extension to the south provided the
preceding condition is satisfied.
4. A variance to the minimum lot size should be approved for the lots affected by the extension of
the street to the south.
5. The applicant make a proportional payment for Ward Lake Drive as recommended by staff and
the full street section of Ward Lake Drive be paved adjacent to the proposed development. This
proportion would be a fraction of the total number oflots that can be created including the
proposed development and the property to the south.
0 ACTION REQUESTED
The Council is asked to approve or deny the proposed plat and to modify the attached resolution as
necessary to reflect the consensus of the council on the various issues described in the report.
3
0 Please note that the applicant has allowed the city to extend the review period to September 30,
2007. rfthe Council does not approve or deny the proposed plat, the developer will need to agree to
extend the review period further.
Attachments
Resolution
Location Map
Preliminary Plat Plan Set
Letters From Applicant
Letter From Property Owner to the South
Previously Reviewed Sketch Plan
Potential Future Development Graphic
Lower Rum River Watershed Management Organization Recommendation
Sk hP
Cc: David Nash MFRA 14800 28th Avenue, Suite 140 Plymouth, MN 55447
Dwight Harvey Select Companies, Inc. 12415 - 55th Street N. Lake Elmo, MN 55042
0
0
4
0 CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND HILLS" FOR
SELECT COMPANIES, INC. LOCATED AT 17404 WARD LAKE DRIVE AND LEGALLY
DESCRIBED ON EXHIBIT A
WHEREAS, the Andover Review Committee has reviewed the preJiminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission
has conducted a public hearing on said plat; and
WHEREAS, the applicant has petitioned to vary from City Code ll-3-3G. to allow 1 74th Lane NW
to terminate in a cul-de-sac that exceeds 500 feet length; and
WHEREAS, the Planning Commission finds that the temporary cul-de-sac for Zilla Street NW
provides potential for a second access in the future and no other options for a second access exist
due to the location of floodplain and wetlands surrounding the proposed plat; and
0 WHEREAS, the city has directed that applicant to extend 1 74th Lane NW to the south property line
to allow a street connection to the property to the south pursuant to City Code ll-3-2B provided the
property owner to the south can demonstrate that more than one buildable site exists within 10
business days ofthe approval ofthis resolution; and
WHEREAS, as a result ofthe street extension a variance to the minimum lot size requirements of
City Code 12-3-5 to INSERT DETERMINATION OF ONE OR TWO LOTS; and
WHEREAS the Planning Commission finds that the requested street connection causes the need for
the variance; and
WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends
to the City Council the approval of the plat; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation ofthe Planning and Zoning Commission and approves the preliminary
plat with the following conditions:
1. The Preliminary Plat shall conform to the plans stamped received by the City of Andover
September 6, 2007, except as follows:
a. The developer shall extend 1 74th Lane NW to the south end of the property near the
0 center of the upland area on the property to the south if the property owner to the south
demonstrates that more than one buildable lot can be achieved on this property within 10
days from the approval of this resolution.
5
0 b. A temporary cul-de-sac shall be provided at the end of 1 74th Lane NW if the previous
condition is satisfied. A temporary cul-de-sac easement shall be provided on a separate
document for this cul-de-sac.
c. The developer shall revise the plan set to address the comments of the Engineering
Department and TKDA.
2. A variance to the 2.5 acre minimum lot size requirement is granted for INSERT
DETERMINATION OF ONE OR TWO LOTS to allow 174th Lane NWto be extended
to the south property line ifthe conditions listed above are satisfied.
3. A variance to the maximum cul-de-sac length of City Code ll-3-3G. is granted for 174th
Lane NW.
4. The developer shall be responsible for the cost of extending Zilla Street NW to the north
edge of the plat, including half of the cost of a future culvert and storm sewer, to allow this
street to cross the ditch and provide a second access to the proposed development. This
responsibility shall be included in the development contract.
5. The developer shall obtain all necessary permits from the MPCA and any other agency that
0 may be interested in the site.
6. Park dedication and trail fees shall be paid on a per unit basis as established by the City
Code for each of the lots in the proposed development. Rate increases shall be subject to
state statute.
7. The applicant shall make a proportional payment for road improvements to Ward Lake Drive
based on the number of lots in the proposed development and the number of lots that can be
achieved on the property to the south divided by $10,224. The property owner to the south
shall be responsible for the proportion of this amount for the lots that can be achieved on
their property.
8. Contingent upon a development agreement acceptable to the City Attorney. A financial
guarantee will be required as a part ofthis agreement to assure required subdivision
improvements will be completed.
Adopted by the City Council of the City of Andover this _th day of ,2007.
CITY OF ANDOVER
ATTEST:
Victoria V olk, City Clerk Michael R. Gamache, Mayor
0
6
0 CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND HILLS" FOR
SELECT COMPANIES, INC. LOCATED AT 17404 WARD LAKE DRIVE AND LEGALLY
DESCRIBED ON EXHIBIT A
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission
has conducted a public hearing on said plat; and
WHEREAS, the applicant has petitioned to vary from City Code ll-3-3G. to allow l74th Lane NW
to terminate in a cul-de-sac that exceeds 500 feet length; and
WHEREAS, the Planning Commission finds that the temporary cul-de-sac for Zilla Street NW
provides potential for a second access in the future and no other options for a second access exist
due to the location of floodplain and wetlands surrounding the proposed plat; and
0 WHEREAS, the city has directed that applicant to extend l74th Lane NW to the south property line
to allow a street connection to the property to the south pursuant to City Code ll-3-2B provided the
property owner to the south can demonstrate that more than one buildable site exists within 10
business days of the approval ofthis resolution; and
WHEREAS, as a result of the street extension a variance to the minimum lot size requirements of
City Code 12-3-5 to INSERT DETERMINATION OF ONE OR TWO LOTS; and
WHEREAS the Planning Commission finds that the requested street connection causes the need for
the variance; and
WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends
to the City Council the approval of the plat; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning and Zoning Commission and approves the preliminary
plat with the following conditions:
1. The Preliminary Plat shall conform to the plans stamped received by the City of Andover
September 6, 2007, except as follows:
a. The developer shall revise the plan set to remove the temporary cul-de-sac shown for
0 proposed Zilla Street NW.
5
C b. The developer shall extend l74th Lane NW to the south end of the property near the
center of the upland area on the property to the south if the property owner to the south
demonstrates that more than one buildable lot can be achieved on this property within 10
days from the approval of this resolution.
c. A temporary cul-de-sac shall be provided at the end of 1 74th Lane NW if the previous
condition is satisfied. A temporary cul-de-sac easement shall be provided on a separate
document for this cul-de-sac.
d. The developer shall revise the plan set to address the comments of the Engineering
Department and TKDA.
2. A variance to the 2.5 acre minimum lot size requirement is granted for INSERT
DETERMINATION OF ONE OR TWO LOTS to allow 1 74th Lane NW to be extended
to the south property line if the conditions listed above are satisfied.
3. A variance to the maximum cul-de-sac length of City Code 11-3-3G. is granted for 174th
Lane NW.
4. The developer shall be responsible for the cost of extending Zilla Street NW to the north
edge of the plat, including half ofthe cost of a future culvert and storm sewer, to allow this
0 street to cross the ditch and provide a second access to the proposed development. This
responsibility shall be included in the development contract.
5. The developer shall obtain all necessary permits from the MPCA and any other agency that
may be interested in the site.
6. Park dedication and trail fees shall be paid on a per unit basis as established by the City
Code for each of the lots in the proposed development. Rate increases shall be subject to
state statute.
7. The applicant shall make a proportional payment for road improvements to Ward Lake Drive
based on the number of lots in the proposed development and the number of lots that can be
achieved on the property to the south divided by $10,224. The property owner to the south
shall be responsible for the proportion of this amount for the lots that can be achieved on
their property.
8. Contingent upon a development agreement acceptable to the City Attorney. A financial
guarantee will be required as a part of this agreement to assure required subdivision
improvements will be completed.
Adopted by the City Council ofthe City of Andover this _th day of ,2007.
0 CITY OF ANDOVER
ATTEST:
Victoria V olk, City Clerk Michael R. Gamache, Mayor
6
0 EXHIBIT A
WOODLAND IllLLS
Prelimimny Plat Resolution
LEGAL DESCRIPTION:
That part of the SW 1/4 of the SW 1/4 of Section 2, Township 32, Range 24, described as follows:
Commencing at the Southwest comer of said Southeast Quarter of the Southwest Quarter of said
Section 2; thence North along the quarter line 890 feet more or less to the centerline of a ditch, which
ditch is more particularly as follows: Commencing at a point 459.35 feet North of Southwest comer of
the of the Southwest Quarter of Section 2; thence deflect right 92051'16., a distance of278.13 feet;
thence deflect left 20022'30. a distance of 189.93 feet; thence deflect left 30017', a distance of 199.32
feet; thence deflect left 22044'40. a distance of 627.73 feet; thence deflect right 35050' a distance of
362.40 feet; thence deflect left 16044' a distance of 137.45 feet, more or less, to Town Road; thence
along the aforedescribed ditch to its intersection with the centerline of Ward Lake Road as now laid out
and established; thence Southeasterly along said centerline of said road to a point, which point is 66
feet from the intersection of said. road and the East line of said Southeast Quarter of Southwest
0 Quarter, said distance being measured along the centerline of said road; thence in a straight line
Southwesterly to the point of beginning. Reserving, however, to the parties of the first part an
easement for road purposes over that part of the above described property lying south of a line drawn
parallel with and 20 feet North of the South line of said Southeast Quarter of Southwest Quarter of
Section 2, Township 32, Range 24, Anoka County, Minnesota
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0 WOODLAND HILLS DEVELOPMENT, INC.
12415 _55TH Street N.
Lake EZmoMN 55042
Ph: (651) 439-2414 Fax: (651) 439-3254 RECEIVED
May 8, 2007
JUN 1 2007
Mr. Courtney Bednarz,
City Planner CITY OF ANDOVER
CITY OF ANDOVER
1685 Crosstown Boulevard NW
Andover MN 55304
RE: Woodland Hills
SE V<lof SW V<I Section 2 Township 32N Range 24W
Dear Mr, Bednarz:
As a result of the City staff's review of the preliminary plat and plans for our Woodland Hills project
located off of Ward Lake Road, staff recommended the developer extend the cul-de-sac to the south
property line to allow a connection for the owner of that property should he decide to develop his site in
the future. As the developer, Woodland Hills Development, Inc. strenuously objects to any such
requirement for the development of our site for several reasons, including:
0 1. An almost identical plan was submitted last fall for Concept Review. During that review, which
was approved by all who reviewed it, no mention was made nor requirement imposed for an
extension of the cul-de-sac to the south property line, Relying on that Concept approval, we
asked our engineers, McCom,bs Frank Roos & Associates to draft plans and plat consistent with
that approval. To suggest this change at this late hour is unfair and unwarranted,
2. The property to the south already has access to Ward Lake Road through a long-standing field
approach similar to the existing driveway on our property. Like us, the owner of the south
property could simply improve his existing access.
3, The City has estimated that only two lots can be developed on the south property based on the
City's current guide plan for that property. The cost to extend the cul-de-sac cannot be
economically justified if only two additional lots are generated.
.4, Any extenSion to the south property would provide NO benefit whatsoever for buyers of lots in
our development; the only benefit would be to the south property owner, As such, any
requirement to extend the cul-de-sac should be paid for by the south property owner.
5, We have already agreed to extend.a road off of our cul-de-sac to the north property line, Again,
this extension provides NO benefit whatsoever to buyers of our lots, Although it appears the
north property would have the opportunity to develop more than two lots, the cost is being
assessed to us, not the benefited landowner. To compound the problem by requiring a south
extension is unnecessarily punitive and unfair.
We would be pleased to expound on our objections in person if you desire, Please contact me at (651)
439-2414 if you have questions or comments.
0 s'"'~ / ~
Joel T. Larson, Vice President
-N-
0 WOODLAND HILLS DEVELOPMENT, INC.
12415 - 55TH Street N.
Lake Elmo MN 55042
Ph: (651) 439-2414 Fax: (651) 439-3254
May 9, 2007 RECEr'lED
Mr. David D, Berkowitz
Mr. Courtney Bednarz JUN 1 2007
CITY OF ANDOVER
1685 Crosstown Boulevard NW C!TY OF ANDOVER
Andover MN 55304
RE: Woodland Hills
SE '4 of SW '4 Section 2 Township 32N Range 24W
Dear Messrs. Berkowitz and Bednarz:
At an earller meeting with City staff to review comments and address concerns raised
0 during staff review of the preliminary plat and plans for our Woodland Hills project, an
issue was raised regarding a desire by the City to pave Ward Lake Road and to collect
from us, as developer, a "deposit" for our "fair share" of that future cost. At the time, our
representative objected to any such requirement for a number of reasons and requested an
estimate on what the City would be seeking. Since the meeting, our engineers, McCombs
Frank Roos & Associates ("MFRA") have provided us the estimate received from City
staff. By this letter, we wish to restate our objections to the collection of "estimates" for
the improvement of Ward Lake Road for the following reasons:
1. To our knowledge, the improvement of Ward Lake Road is not a project that the
City has firmly placed on any City-approved engineering project list. As such, a '
clear timetable for the improvements does not exist, To collect funds now for
what might eventually evolve into a City improvement project is unreasonable
and capricious.
2. Any City improvement project is required to survive a comprehensive design and
feasibility analysis, including a determination of all the parties benefiting from
the improvement and how those parties should be assessed fairly and equitably
for the benefit received, The method of assessment is required to be publicly
discussed, with all parties being assessed given an equal opportunity to publicly
comment on the method and manner in which the assessment will be levied, No
such design or feasibility analysis has been completed, nor have we as an
effected owner been advised of the method and manner of assessment and gIven
0 an opportunity to publicly comment thereon.
3. The estimate of cost we received was for a ''typical urban roadway", We don't
even know if the City plans on Ward Lake Road being classified as an "urban
roadway" or as "rural" for the reasons stated in 1 and 2 above. How can the City
-IS- -
0 justify the collection of any estimate until that determination has been made and
detail plans, specs and bids have been received?
4-. We are the developers of this site. As such, we intend to develop the site and sell
lots to builders who will construct homes on these sites, The homeowners will be
the beneficiaries of the Ward Lake improvement, not us. Until the improvement
is completed, not even the homeowners will benefit. At this point, no one has
benefited from the improvement. To collect for it as though it has been
completed flies in the face of fairness and equity,
For all of the above reasons, we believe the City is placing an unreasonable burden on
this project and we, as developer, if it attempts to collect for an undesigned, unscheduled,
future improvement project at this time, We would welcome the opportunity to comment
in Jlerson should you wish. Please contact me at (651) 439-2414 if you have any
questions or comments,
sm'1; 11-
IoeIT. Larson, Vice President
0
0
~-
0
April 16, 2007
Courtney Bednarz
City of Andover
1685 Crosstown Blvd
Andover, MN 55304
RE: Kuiken Property
Courtney,
This is notice that, as the land owners adjacent to the proposed development by Select Development on
Ward Lake Road in Andover, we are requesting a stub-in at the cul-de-sac area for possible future
development of the buildable areas on our property,
0 Thank you,
Jim Kuiken
612-242-5629
0
-
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o
Lower Rum River Watershed Management Organization
Andover.Anoka..coon Rapids.Ramsey
2015 First Avenue. Anoka, MN 55303
rD Lo___W~
FI'OID: Barr Engineering Company
I>ate: August 16, 2007 -
Ite: Permit #2007-08: Woodland Hills- Andover
Proiect Uodate: On July 2, 2007, we received a Wetland Replacement Plan (WRP) for the proposed
Woodland Hills development. On August 8, 2007 we received an addendum to the WRP, which addressed
previously submitted Teclm:ical Evaluation Panel (TEP) questions and suggested WRP changes,
Updated Proiect Details: The addendum indicates that the applicant is proposing to construct a residential
development comprised of 5 residential homes, roadv.-a)"S, and a stormwater pond.. The construction of the
o development will involve filling 0.39 acres (17,077 sq. ft.) of wetland to help facilitate the creation of roads
and home building pads. The Wetland Conservation Act (WCA) requires a mmimlrm wetland mitigation at
a 2:1 rep1acementratio [0.39 acres (17,077 square feet) x 2 = 0,78 acres (34,154 square feet)1, for the
proposed wetland impacts, Mitigation will be accomplished on-site through a combination of created
wetland. 0.18 acres (7,933 sq, ft.)> wetland hydrology and vegetation restoration, 0.24 acres (10,551 sq, ft)
of credit. and upland buffer> 0.42 acres (18.484 sq. ft.), The proposed mitigation total, 0,85 lICIe5 (36,968
sq, ft.), is adequate to meet the WCA replacement requirements,
Updated RecolIlIlJlmdation: We, based on the TEP's recommendation, recommend approval of the WRP
AddeneuIIl, with the following wetland-related conditions:
1, Provide a revised Combined Wetland PennitApplication, which includes the applicant's signatore and
date on page 2, line 11.
2, Proof of ownership or rights to the proposed wetland impact and wetland replacement areaS,
3, A draft Declaration of Re:strU:iio1lS rmd Covenants (DOR) for the replacement wetland areas to be
reviewed and approved by the LRRWMO a.ttorney, which should include the fonowing:
. Exhibit A: a survey, metes and bounds legal description, of the replacement wetland areas.
. Exhibit B: a map or figure of the replacement wetland areas,
The DOR shall be finalized, after approval by the LRRWMO attorney, in a timely manner and proof of
recording most be submitted to the LRRWMO, Immediately upon completion of grading, a
comparison of the as-built specifications ver.;us the design specifications most be completed and a
rationale for significant changes most be submitted to the \lBWD,
The following additional Board of Water and Soil Resources legal documents most be submitted, prior
to construction:
o · Affidavit ofLtmd Owner
. Consent tD Replacement Wetland
P:\Mp!<\2::I MN\02\230204T,_ MovedFromMpls ]\RJB\0708 _ W oodlandHil!<\BM _ 0808_0707 doc
-20-
-' ..
0
. Contractor Responsibility and Landowner Statement Form
Templates of these legal documents can be found on the Board of Water and Soil Resource's web site
(http://...vV;,''W.bv.'St,stale,rnn,us/wetlandsiwcamanualfmdex,htrnI),
A cash surety in the amount of $65,500 must be provided to the LRRWMO, prior to wetlands being
impacted.. Portions of the cash surety may be released after completion of construction or v.:hen the
wet'land obtains a certain functionality, as indicated below:
. Once g:tad.ing and seeding of the wetland replacement area has been completed and a comparison
of the as-built specifications versus 1he design specifications has been completed, which'shows that
WCA wetland replacement area creation requirements are met, than 30"10 of 1he cash surety
amount may be returned to 1he applicant.
. Once any/all construction/erosion issues have been completely resolved and the wetland
replacement have been documented to include at least 70% cover of native, non-invasive
vegetation, with no bare areas greater than 9 square feet, than 35% of 1he cash surety amount could
be returned to the applicant.
. Once 1he wetland replacement area goal has been documented, including 1he presenCe of at least
70 % cover of native, non-invasive vegetation, with noba:re areas greater than 4 Square feet and the
TEP has deemed the wetland to be fully functional, than the remainder, 350/0, of the cash SUIety
amount could be :returned to the applicant.
Witbin one month of grading completion, a comparison of the as-built specifications versus the design
specifications must be completed and a rationale for significant changes must be submitted to 1he
LRRWMO.
0
0
P:\Mpls\23 MN\ll2\1302047\ _MovedFromMpls _ P\R.JB\0708 _WoodlandHills\BM_ 0808_0707 doc
-21'-
Regular Andover Planning and Zoning Commission Meeting
Minutes - June 13, 2006
0 Page 8,
PUBLIC HEARING: RESIDENTIAL SKETCH PLA1V FOR A SINGLE FAMILY
RURAL RESIDENTIAL DEVELOPMENT LOCATED AT 17404 WARD LAKE
DRIVE.
Mr. Bednarz stated the Planning Commission is asked to review a sketch plan containing
five rural lots,
Mr. Bednarz discussed the staffreport with the Commission.
Commissioner Kirchoff asked if the second access was the reasonable spot for it to go,
Mr. Bednarz stated they look at topography arId look at where the road can, physically be
built. It does need to go to the north and there are several options that would depend on
the development plans of the property owners.
Commissioner King stated the road going to the north shows a cuI-de-sac in the north
going south., he knew the area was all undeveloped at this time and is a high area He
wondered if the property owners were contacted and have they seen it. Mr. Bednarz
stated the typical notification was provided but there has not been a lot of interest in the
sketch plan at this time, He has not been contacted by anyone in the neighborhood
regarding this development.
0 Commissioner Holthus asked if the gravel portion of Ward Lake Drive would be paved
and if other residents not in the development would be assessed for road improvements.
Mr. Bednarz e),.'plained that the development would be asked to pay a proportionate share
of the road improvements and that property owners outside of the development are
typically not assessed for road improvements until the time that they develop, The
Council will need to determine at what time the road ""ill be paved.
Motion by Casey, seconded by Kirchoff, to open the public hearing at 8:37 p.m. Motion
carried on a 5-ayes, O-nays, 2-absent (Greenwald, Walton) vote,
Ms. Lilly Grey, 17947 Hanson Boulevard, stated she walks everyday along Ward Lake
Drive and she noticed the proposed change sign. She wanted to have the Commission
understand that this is a rural area and if they put in road lights, that they shine dov,'Il
instead of up into the sky. She thought the gravel road needed to be paved because cars
drive through there very fast.
Motion by King, seconded by Casey, to close the public hearing at 8:41 p.m. Motion
carried on a 5-ayes, O-nays, 2-absent (Greenwald, Walton) vote.
Ms. Kathy O'Connell,.M:FRA, representing Select Homes, made a presentation to the
Commission regarding the proposed development.
0
-zz..,-
Regular Andover Planning and Zoning Commission Meeting
0 Minutes - June 13, 2006
Page 9
Commissioner Holthus stated one of the requirements they would have to do is to
demonstrate the buildability of each lot. She wondered if this was a major concern. Ms.
O'Connell did not think it was a concern.
Commissioner King stated he lives in that area and there are many trees in the area He
wondered if they planned on keeping a lot of the trees. Ms. O'Connell stated that is one
of the main considerations for where the road and cul-de-sac are located. She noted they
had noticed on the knoll there were a couple of beautiful Oak trees so they adjusted the
street and will further refme it when they get the final topography and locate key trees.
Commissioner King wondered if the street will be thirty-three feet wide. Ms, O'Connell
stated they will put in whatever road width that the city requires but would prefer to
reduce the street width because that much paving is simply not needed.
Chairperson Daninger thanked Ms. O'Connell for explaining the development to the
Commission.
Chairperson Daninger indicated the development looked good and should be pursued.
The Commission agreed.
C Mr. Bednarz stated that this item would be before the Council at the June 20, 2006 City
Council meeting.
OTHER BUSINESS.
Mr. Bednarz updated the Commission on previously reviewed items.
Commissioner Kirchoff noted he picked up an architecture monthly magazine and the
Community Center was in it and apparently they have won an award and thought it was
great.
Commissioner Casey stated this Thursday there will be an open house provided by the
Andover EDA from 5:00 to 7:00 to review the Andover North project general business
area The public is welcome to come.
ADJOURNMENT.
Motion by Casey, seconded by Holthus, to adjourn the meeting at 8:50 p.m. Motion
carried on a 5-ayes, O-nays, 2-absent (Greenwald, Walton) vote.
Respectfully Submitted,
0
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc,
- z,;;--
0 Regular Andover City Council Meeting
Minutes - June 20, 2006
Page 10
Community Development Director Neumeister stated the applicant is requesting a variance to City
Code section 12-13-9, which requires that driveways be set back 5 feet from the property line to
allow a shared driveway access to 161st Avenue NW (County Road 20),
Mr. Neumeister reviewed the staff report with the Council.
Motion by Trude, Seconded by Knight, to approve the proposed variance. Motion carried
unanimously, (RES. R078-06)
CONSIDER SKETCH PLAN/WOODLAND HILLS/17404 WARD LAKE DRIVE NW
Community Development Director Neumeister stated the Council is asked to review a sketch plan
containing five rural lots,
0 Motion by Councilmember Knight, Seconded by Councilmember Orttel, to approve the sketch plan.
Councilmerriber Orttel asked where the paved portion on Ward Lake ends, Mr. Berkowitz showed
on the map where gravel is located.
Motion carried unanimously,
APPROVE PLANS & SPECS/ORDER ADVERTISEMENT FOR BIDS/06-12/CROSSTOWN
BOULEVARD NW TRAIL & 06-17/THE OAKS PARK TRAIL
City Engineer Berkowitz stated the City Council is requested to approve fmal plans and
specifications and order the advertisement for bids for Project 06-12, Crosstown Boulevard NW
Trail (east side) between 140th Avenue NW & 141 st Lane NW and Project 06-17, construction of
a trail through The Oaks Park from Crosstown Boulevard NW to the Kensington 7th Addition
development,
Councilmember Trude stated the reason she had this pulled was because in the resolution they
are approving the plans and specs for trails but when she read the staff report, the last couple of
lines on the first page at the bottom it talks about an alternate bid for a basketball court and other
things, She wondered if they need to approve that as part of this, Mr, Berkowitz stated what
they have is Fox Meadows basketball court was identified in the Capital Improvement Plan and
Q because it is such a small project they can actually go out and get quotes and do the project
because it was previously approved. They preferred to bring this in as an alternate bid under this
proposal,
Councilmember Trude wondered if this was enough legally to get that, to just say they are going
to go out and bid for the trails and then mentioned in the staff report doing basketball courts too,
- 7.t/_
S'\NDbVE~ @
0
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755,5100
FAX (763) 755,8923 . WWW,CI.ANDOVER,MN,US
TO: Mayo, ond Coundlmembern ~
CC: Jim Dickinson, City Administrato
Will Neumeister, Community Development Director (pL
FROM: Chris Vrchota, Associate PlannerCf
SUBJECT: Consider City Code Amendment/5-1 Animal Control- Planning
DATE: September 18, 2007
INTRODUCTION
Based on input from a resident and a number of City Council and Planning Commission meetings
and workshop sessions, staffhas drafted changes to the City's animal control code.
DISCUSSION
The proposed changes deal with nuisance dogs/barking, potentially dangerous dogs, and basic care,
A short description of each proposed change follows:
1. Nuisance Dogs/Barking
The definition for a "Nuisance" references habitual and frequent barking, but these terms are not
currently defined, New language dealing with "habitual" and "frequent" barking has been added to
section 5-1A-1.
2. Potentially Dangerous Dogs
Potentially dangerous dogs are also defined in 5-1A-1. The word "unprovoked" is not defined,
which could lead to it being interpreted differently by different readers, A definition of
"unprovoked" has been added to this section, This definition can also be used to clarify "without
provocation", which is also used in the code,
3. Basic Care
There was some confusion caused by the title of section 5-1A-9: "Improper Care and Treatment
Prohibited", This section has been renamed "Required Basic Care and Prohibited Treatment" to
further clarify the requirements that are included in the section,
Restraint
The question was also raised as to whether or not electronic fencing constitutes a suitable restraint
for a dog when no other restraint is present. (i,e, leash, physical fence, etc..,) The definition of
0 "Restraint" is also in City Code 5-1A-1. Up to this point, staff and the Anoka County Sheriffs
Department have interpreted this definition to include electronic fencing as a permissible method of
restraint. That interpretation was called into question. (Note: "Invisible Fencing" is the name of a
specific brand of electronic fence, not a generic term,)
The Planning Commission discussed electronic fencing and determined that when it works it
0 constitutes an acceptable restraint; when it does not, it is not an acceptable restraint. This is
consistent with existing City policy, The Planning Commission did not recommend that any
changes be made to this section and did not want to specifically address electronic fencing in the
code, Because of this, and because the City Council did not provide specific direction on this
subject, staff has not made any changes to the section on restraint.
At their August 28th meeting, the Planning Commission requested some additional information on
how other cities handle the issue of "restraint". A summary of the other cities' requirements is
attached, It should be noted that electronic fencing was not specifically addressed in any of the
other codes, Research of city codes across the country reveals a full spectrum of policies for
electronic fencing, from prohibition, to allowance with detailed guidelines, to permission without
restrictions. Many cities decline to specifically address the issue, For instance, the city of
Naperville, Illinois has no official regulation regarding electronic fencing, but provides a pamphlet
on "recommended guidelines" that they suggest people follow if they use it.
Animal control is a difficult issue for all cities to deal with, Regardless of what changes are or are
not made, some level of subjectivity will remain in the interpretation and enforcement of this cO,de
section, The changes might remove some degree of ambiguity from the code or address a few
specific situations, but it is unlikely that they would eliminate all questions on how the ordinance is
interpreted or enforced, Each person has their own definition of concepts like "annoy", "habitual",
"repeated", "restraint", and as such, it is likely that there will continue to be cases where the code
cannot or does not offer a solution that will satisfy all parties involved.
Q A packet of information and questions an Andover resident provided to the City Council at the
residents forum at the August 21, 2007 City Council meeting is attached,
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the proposed changes as
presented,
Attachments
Ordinance: Revised City Code 5-1A: Animal Control: Dogs and Cats
Summary Ordinance
05.22,07 City Council Workshop Minutes
06,26,07 City Council Workshop Minutes
07,24,07 Planning Commission Meeting Minutes
08,08,07 City Council Meeting Minutes
08,28,07 Planning Commission Meeting Minutes
09.11.07 Planning Commission Meeting Minutes (When Available)
Exhibit A- "Restraint" in Other Cities
Exhibit B- Material From Resident
ACTION REOUESTED
The City Council is asked to approve or deny the proposed code amendments and summary
ordinance,
0 ~:(%tmitted,
Clu'IS Vrchota '
-2-
0 CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO,
AN ORDINANCE AMENDING THE CITY CODE 5-1A DEALING WITH THE
CONTROL OF DOGS AND CATS IN THE CITY OF ANDOVER.
WHEREAS, the requirements for the keeping of dogs and cats have been amended, and;
WHEREAS, the proposed changes have been reviewed and recommended for
approval/denial by the Planning Commission,
NOW THEREFORE BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
ANDOVER HEREBY ORDAINS (Underlining being newly added language and strike-
outs indicating language to be removed):
CHAPTER 1
ANIMAL CONTROL
0 ARTICLE A. DOGS AND CATS
SECTION:
5-1A-1: Definitions
5-1A-2: Dog Licensing Requirements; Exemptions
5-1A-3: Number Of Dogs And Cats Restricted
5-1A-4: Violations
5-1A-5: Control Of Animal; Excrement Removal Required
5-1A-6: Obligation To Prevent Nuisances
5-1A-7: Impoundment And Redemption Provisions
5-1A-8: Permissible Return Of Unrestrained Dogs And Cats
5-1A-9: Improper Care And Treatment Prohibited
5-1A-10: Muzzling Proclamation
5-1 A-11: Dangerous And Potentially Dangerous Dogs And Cats
5-1A-12: Summary Destruction Of Certain Dogs
5-1A-13: Dog Kennels
5-1A-14: Dog Enclosures
5-1A-15: Enforcement Officials
5-1A-16: Citations
5-1A-17: Abatement Of Nuisance Conditions
5-1 A-18: Violation; Penalty
0
3
0 5~1A-1: DEFINITIONS:
ANIMAL SHELTER: Any premises designated by the City Council for the
purpose of impounding and caring for the dogs and
cats held under the authority of this article,
BITING DOG: Any dog which, without being provoked, has bitten,
scratched> or caused other injury or threatens such
injury to a person or another domestic animal, under
circumstances where, at the time of the threat of
attack, the person or domestic animal was lawfully on
the premises upon which the victim was legally
entitled to be, or the victim was on the premises
owned or controlled by the owner of the dog, at the
express or implied invitation of the owner.
DANGEROUS DOG/CAT: Any dog/cat that has:
A.~h~~t -pr~~ocatio~ inflicted substantial bodily 1
harm on a human being on public or private property;
or
0
C. Been found potentially dangerous, and after the
owner has been notified that the dog/cat is potentially
dangerous, the dog/cat aggressively bites, attacks, or
endangers the safety of humans or domestic animals,
DOG ENCLOSURE: An enclosure (of sufficient size) constructed for
shutting in or enclosing dogs. The enclosure shall be
surrounded and covered with fencing material of at
least six feet (6') in height and of sufficient gauge to
ensure the dog's confinement. A cement pad of four
inches (4") in thickness shall be present that covers
the inside and perimeter 0 f the enclosure.
FREQUENT BARKING: Barkin~ intermittentlv for 30 minutes or more.
HABITUAL BARKING: Barkin~ for repeated intervals of at least five
minutes with less than one minute of interruption.
0
f
0 KENNEL; Any place where a person accepts dogs from the
COMMERCIAL1: general public and where such animals are kept for
the purpose of selling, boarding, breeding, training, or
grooming, except for a veterinary clinic. There shall
be a fenced yard or dog enclosures present to
prevent the running at large or escape of dogs
confined therein 2,
KENNEL; PRIVATE 3; A place where more than three (3) dogs over six (6)
months of age are kept for private enjoyment and not
for monetary gain, provided such animals are owned
by the owner or the lessee of the premises on which
they are kept. There shall be a fenced yard or dog
enclosures present to prevent the running at large or
escape of dogs confined therein4,
NUISANCE: It shall be considered a nuisance for any animal:
A. To bite, attack or endanger the safety of humans or
domestic animals;
8. To run at large; to habitually or frequently bark or
0 cry;
C, To frequent school grounds, parks, or public
beaches while unrestrained;
D. To chase vehicles; to molestor annoy any person if
such person is not on the property of the owner or
custodian of the animal;
E. To molest> defile, destroy any property, public or
private; or
F. To leave excrement on any property> public or
private,
OFFICER: Any law enforcement officer of the city and persons
designated by the city to assist in the enforcement of
this article,
OWNER: Any person> firm, partnership or corporation owning,
harboring, or keeping dogs or cats,
0 1 See also section 12-2-2 of this code, definition of "dog kennel, commercial",
2 See title 12, chapter 7 of this code for fence requirements and restrictions,
3 See also section 12-2-2 of this code, definition of "dog kennel, private"
4 See title 12, chapter 7 of this code for fence requirements and restrictions,
t;
0 POTENTIALL Y
DANGEROUS DOG/CAT: Any dog/cat that:
A. Whe unprovoked nflicts bites on a human or -t:
domestic anima on public or private property;
B. wherl!!.nprovok;d)chases or approaches a *
person, inducting a person on a bicycle, upon the
streets, sidewalks, or any public or private property,
other than the dog/cat owner's property> in an
apparent attitude of attack; or
'*
RESTRAINT: A dog or cat shall be deemed to be under restraint if it
is on the premises of its owner or if accompanied by
an individual and under that individual's effective
control. (Amended Ord. 233,11-4-1997; amd, 2003
Code)
0 UNPROVOKED The condition in which an animal is not purposely
excited. stimulated. aQitated. or disturbed. -;/!
5-1A-2: DOG LICENSING REQUIREMENTS; EXEMPTIONS:
A. License Required: No person shall own, keep, harbor or have custody of
any dog over six (6) months of age without first obtaining a license from
the City Clerk. No license shall be issued to any person other than the
owner except upon the written request of owner.
B. Application For License: Applications for license shall be made on forms
prescribed by the City Clerk, which form shall set forth the following:
1. The name, address and telephone number of the owner;
2, The name and address of the person making the application, if other
than the owner; and
3, The breed, sex, and age of the dog for which a license is sought.
0 C. Rabies Vaccination Required: Every application for a license shall be
accompanied by a certificate from a qualified veterinarian showing that the
dog to be licensed has been given a vaccination against rabies to cover
G
0 the licensing period. No license shall be granted for a dog that has not
been vaccinated against rabies for a time sufficient to cover the licensing
period. Vaccination shall be performed only by a doctor qualified to
practice veterinary medicine in the state in which the dog is vaccinated,
(Amended Ord, 233, 11-4-1997)
D. License Fee; Expiration Of License: The license fee shall be in such
amount as set forth by ordinance 1 and shall expire in accordance with the
date shown on the license receipt. (Amended Ord, 233, 11-4-1997; amd.
2003 Code)
E. Nonresidents Exempt: This section shall not apply to nonresidents of the
city; provided, that dogs of such owners shall not be kept in the city longer
than thirty (30) days without a license and shall be kept under restraint.
(Amended Ord. 233, 11-4-1997)
5-1A-3: NUMBER OF DOGS AND CATS RESTRICTED: No person, firm
or corporation shall harbor more than three (3) dogs over the age of six (6)
months in anyone-family residence unit or place of business except pursuant to
Section 5-1A-13 of this article, and no person> firm or corporation shall harbor
C more than three (3) cats over the age of six (6) months in anyone family
residence unit or place of business that is located on a parcel of land three (3)
acres or less, (Amended Ord, 233, 11-4-1997)
5-1A-4: VIOLATIONS:
A. Nuisance Dogs And Cats: No dog/cat shall be permitted to be a nuisance
within the limits of the city. Any person who owns, keeps, harbors or is in
physical control of a dog/cat that is a nuisance shall be in violation of this
article. (Amended Ord. 233,11-4-1997)
B, Revoked Licenses: Any person who owns, keeps or harbors or is in
physical custody of any dog within the city, for any period of time, which
dog has had its license revoked, shall be in violation of this article,
(Amended Ord, 233,11-4-1997; amd, 2003 Code)
5-1A-5: CONTROL OF ANIMAL; EXCREMENT REMOVAL REQUIRED:
A. Control Required:
0 1. The restriction imposed by Section 5-1A-4 of this article shall not
prohibit the appearance of any dog or cat upon streets or public property
when such dog or cat is on a leash and accompanied by an individual or
1 See subsection 1-7 -3A of this code,
'1
0 accompanied by and under the control and direction of an individual so as
to be as effectively restrained by command as by leash,
2, Dogs or cats that are on or directly adjacent to all athletic fields must be
leashed.
B. Removal Of Excrement: Owners are required to clean up and dispose of
their pet's excrement. (Amended Ord, 233, 11-4- 1997; amd, 2003 Code) .
5-1A-6: OBLIGATION TO PREVENT NUISANCES: It shall be the
obligation and responsibility of the owner or custodian of any animal in the city,
whether permanently or temporarily therein, to prevent such animal from
committing any act which constitutes a nuisance. Failure on the part of the owner
, or custodian to prevent his or her animals from committing an act of nuisance
shall be subject to the penalty herein provided, (Amended Ord. 233, 11-4-1997)
5-1A-7: IMPOUNDMENT AND REDEMPTION PROVISIONS:
A. Impoundment Of Dogs And Cats:
0 1. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken
by any "officer" as hereinbefore defined and impounded in an animal
shelter and there confined in a humane manner. Impounded dogs and
cats shall be kept for not less than five (5) regular business days unless
reclaimed prior to that time by their owner as provided hereafter.
2. Dangerous Dogs And Cats:
a, Whenever any owner of a dog/cat shall learn that such dog/cat
has bitten, attacked, or threatened any other human being or domestic
animal, such owner shall immediately impound said dog/cat in a place of
confinement where it cannot escape or have access to any other human
being or animal, and it shall also immediately notify any peace officer>
dog/cat catcher, or other person authorized by the City Council. Whenever
such authorized person, peace officer or dog/cat catcher shall learn that
any human being has been bitten by any dog/cat within the city, he/she
shall ascertain the identity of such dog/cat and the persons who might
meet the definition of owner as found elsewhere in this article, and shall
immediately direct such person to forthwith impound such dog/cat as
required herein. If in the opinion of such peace officer, dog/cat catcher, or
other authorized person, the owner of such a dog/cat cannot or will not so
impound the dog/cat, such peace officer, dog/cat catcher, or other
authorized person shall transport such dog/cat to the pound under
0 contract to the city, Any dog/cat so impounded shall be kept continuously
confined for a period of fourteen (14) days from the day the dog/cat bit a
human being. The cost of such impounding and confinement shall be
t
l
0 borne by the owner of the dog/cat, if such owner can be found> which
costs shall be as stated for impounding and confinement elsewhere in this
article.
b, Upon learning that a dog/cat has bitten a human being, the
peace officer, dog/cat catcher, or other authorized person shall
immediately notify the City Health Officer and inform him/her of the place
where the dog/cat is impounded, It shall be the duty of the City Health
Officer to inspect said dog/cat from time to time during its period of
fourteen (14) days' confinement> and to determine whether or not such
dog/cat may be infected with rabies, For this purpose, he/she shall have
access to the premises where such dog/cat is kept at all reasonable
hours, and may take possession of the dog/cat and confine it at such
place as he/she deems appropriate at the expense of the owner.
c. If an owner has impounded a dog/cat pursuant to the request of
a peace officer, dog/cat catcher, or other authorized person, the owner
shall promptly transport said dog/cat to the pound under contract to the
city for the purposes stated above. If the owner refuses to do so, and
refuses to allow a peace officer, dog/cat catcher or other authorized
person to transport the dog/cat to the contract pound, the owner shall be
in violation of this article,
Q B. Notice Of Impoundment:
1. Posted Notice: Upon taking up and impounding any dog or cat,the
animal control officer shall, within one day thereafter, have posted in the
City Hall a notice of impounding in substantially the following form:
NOTICE OF IMPOUNDING DOG/CA T:
Date ,20
To whom it may concern:
We have this day taken up and impounded in the pound of the city
at
J a dog/cat answering the following description: sex
color breed approximate age
name of owner (if known) Notice is
hereby given that unless said dog/cat is claimed and redeemed on
or before o'clock _,M.,onthe day of ,
20_ , the same will be sold or humanely destroyed as
provided by ordinance,
Signed:
0 Animal control officer/city official
q
0 2, Written Notice: If the owner of said dog or cat be known, written notice
of impounding, in lieu of posted notice, shall be give n to the owner thereof
either by mail or personal service. .
3. Effect Of Notices: The date of sale or humane destruction of the dog or
cat shall be the sixth day after posting of the notice or giving notice unless
the animal shelter at which the dog or cat is impounded is closed to the
public, in which case, it shall be the following day, (Amended Ord. 233,
11-4-1997)
C. Redemption Of Impounded Dogs And Cats: Any dog or cat may be
reclaimed from the animal shelter by its owner within the time specified in
the notice by the payment to the City Clerk or his/her designate of the
license fee (if not paid for the current period) with an impounding fee as
set by contract with the city's animal control officer. Notwithstanding this
subsection, the owner shall remain subject to all penalties contained in
this article, (Amended Ord, 233, 11-4-1997; amd. 2003 Code)
0, Disposition Of Unclaimed Dogs And Cats:
1, Sale: Any dog or cat which is not claimed as provided in Subsection B
0 of this section, within five (5) days, after posting of the impoundment
notice, may be sold for not less than the expenses incurred for
impoundment, if not requested by a licensed educational or scientific
institution under Minnesota state law. All sums received from the sale of
dogs or cats under this subsection shall be deposited into the general fund
of the city,
2. Destruction: Any dog or cat which is not claimed by the owner or sold or
transferred to a licensed educational or scientific institution shall be '
painlessly and humanely destroyed and buried by the animal control
officer. (Amended Ord, 233,11-4-1997)
5-1A-8: PERMISSIBLE RETURN OF UNRESTRAINED DOGS AND
CATS: Notwithstanding the provisions of Subsection 5-1A-7A of this
article, if an animal is found unrestrained and its owner can be identified
and located, such animal need not be impounded but may, instead, be
taken to the owner. In such cases, however> proceedings may be taken
against the owner for violation of this article, (Amended Ord, 233, 11-4-
1997)
5-1A-9: IMPROPER CARE ^ND TREATMENT PROHIBITED: REQUIRED r
BASIC CARE AND PROHIBITED TREATMENT:
0
A. No owner shall fail to provide any animal with sufficient good and
wholesome food and water, proper shelter and protection from the
(0
0 weather, veterinary care when needed to prevent suffering, and with
. humane care and treatment.
B. No person shall beat, treat cruelly, torment or otherwise abuse any animal,
or cause or permit any dog or cat fight. No owner of a dog or cat shall
abandon such animal. (Amended Ord, 233> 11-4-1997)
5-1A-10: MUZZLING PROCLAMATION: Whenever the prevalence of rabies
renders such action necessary to protect the public health and safety, the Mayor
shall issue a proclamation ordering every person owning or keeping a dog to
muzzle it securely so that it cannot bite, No person shall violate such
proclamation, and any un-muzzled dog unrestrained during the time fixed in the
proclamation shall be subject to impoundment as heretofore provided, and the
owner of such dog shall be subject to the penalty hereinafter provided, (Amended
Ord, 233, 11-4-1997)
5-1 A-11 : DANGEROUS AND POTENTIALLY DANGEROUS DOGS
AND CATS:
A. Dangerous Dogs And Cats: In the event that a complaint is received
which, in the judgment of the City Clerk, occurred under circumstances
,0 which would justify the classification of the dog/cat as a dangerous dog/cat
under this article> the City Clerk shall place the issue on the next available
agenda of the City Council and shall notify the owner of the dog/cat, in
writing, of the time and place of the Council meeting at which the matter
shall be heard. The notice shall inform the owner that a request has been
made to classify the dog/cat as a dangerous dog/cat and the City Council
shall hear such facts as any interested parties may wish to present, and
shall, by resolution, determine whether or not to classify the dog/cat as a
dangerous dog/cat. Such a determination shall be made upon the basis of
whether or not the criteria as found in Section 5-1A-1 of this article,
definition of the term "dangerous dog/cat", have been met. No variances
shall be permitted from the strict terms of said definition. In the event a
dog/cat is classified as a dangerous dog/cat, the following shall apply:
1, The owner of the dog/cat shall be notified in writing and by certified mail
or personal service, that the dog/cat has been classified as a dangerous
dog/cat and shall be furnished with a copy of the resolution,
2, If the dog/cat was impounded and photographs or other identifying
characteristics obtained, such photographs or other identifying materials
shall be placed in a permanent file indexed under the owner's name, If the
dog/cat is not impounded, the owner shall be notified that the dog/cat
license shall be revoked unless, within ten (10) days after receipt of the
0 notice, the owner furnishes to the city suitable photographs or other
identifying materials of the dog/cat, or makes the dog/cat available for the
taking of photographs by city staff for insertion in the permanent files,
\I
0 3. The City Clerk shall maintain a permanent file of all dogs/cats classified
as dangerous dogs/cats indexed under the owner's name,
4, No person may own a dangerous dog/cat in the city unless the owner
complies with this section. Compliance with the registration requirement of
Minnesota Statutes Section 347,51 shall constitute compliance with this
article. The owner of the dangerous dog/cat must present sufficient
evidence that:
a, A proper enclosure exists for the dangerous dog/cat and a
posting on the premises with a c1earlyvisible warning sign,
including a warning symbol to inform children that there is a
dangerous dog/cat on the property; and
b. A surety bond issued by a surety company authorized to conduct
business in the State of Minnesota in a form acceptable by the city
in the sum of at least fifty thousand dollars ($50,000,00) payable to
any person injured by the dangerous dog/cat, or a policy of liability
insurance issued by an insurance company authorized to conduct
business in the State of Minnesota in the amount of at least fifty
0 thousand dollars ($50,000.00), insuring the owner of any personal
injuries inflicted by the dangerous dog/cat. The requirements for the
warning sign or warning symbol shall be those as set forth in
Minnesota Statutes Section 347,51, (Amended Ord. 233, 11-4-
1997)
c. The owner of a dangerous dog/cat shall keep the dangerous
dog/cat, while on the owner's property, in a proper enclosure. If the
dog/cat is outside the proper enclosure, the dog/cat must be
muzzled and restrained by a substantial chain or leash and under
the physical restraint of an individual. The muzzle must be made in
a manner that will prevent the dog/cat from biting any person or
animal but that will not cause injury to the dog/cat or interfere with
its vision or respiration,
d. The animal control authority for the city shall immediately seize
any dangerous dog/cat if: 1) after fourteen (14) days after the
owner has been notified that the dog/cat has been declared a
dangerous dog/cat, the dog/cat is not validly registered as set forth
herein; 2) after fourteen (14) days after the owner has been notified
that the dog/cat has been declared a dangerous dog/cat, the owner
does not secure the proper liability insurance or surety coverage as
applied by this article; 3) the dog/cat is not maintained in the proper
0 enclosure; or 4) the dog/cat is outside the proper enclosure and not
under physical restraint of an individual. (Amended Ord, 233, 11-4-
1997; amd. 2003 Code)
\2--
0
5. The following are exceptions to the dangerous dog/cat classification:
a, The provisions of this section do not apply to dangerous
dogs/cats used by law enforcement officials for official work,
b, Dogs/cats may not be declared dangerous if the threat, injury, or
damage was sustained by a person: 1) who was committing a
willful trespass or other tort upon the premises occupied by the
owner of the dog/cat; 2) who was provoking, tormenting, abusing or
assaulting the dog/cat or who can be shown to have repeatedly, in
the past, provoked, tormented, abused, or assaulted the dog/cat; or
3) who was committing or attempting to commit a crime,
6. Nothing in this chapter, nor the enactment of any other procedures
herein enumerated, shall be deemed to limit, alter, or impair the right of
the city or any person to seek enforcement through criminal prosecution of
any violation of this article, and the fact the city may be pursuing
classification of a dog/cat under this article shall prevent-or prohibit the
prosecution at the same time of an owner of a dog/cat for violation of this
chapter under facts arising from the same occurrence as that which
0 generated classification procedures, The classification procedures shall be
in addition to, and not in place of, criminal prosecution under other
portions of this chapter or other ordinances, (Amended Ord. 233, 11-4-
1997)
B. Potentially Dangerous Dogs And Cats: In the event that a complaint is
, received which, in the judgment of the City Clerk, Sheriff's Deputy, animal
control officer, or other duly authorized person, occurred under
circumstances which would justify the classification of the dog/cat as
potentially dangerous under this article, the City Clerk shall notify the
owner of the dog/cat, in writing, that the dog/cat has been classified as
potentially dangerous under this article. Said n~tice shall further inform the
owner that should the dog/cat again aggressively bite, attack, or otherwise
endanger the safety of humans or domestic animals, the city may declare
the dog/cat to be a dangerous dog/cat and be subject to the restrictions
thereon, including abatement. Said authorization shall forward a copy of
the notice of potentially dangerous dog/cat to the City Clerk, (Amended
Ord. 233, 11-4-1997; amd, 2003 Code)
5-1A-12: SUMMARY DESTRUCTION OF CERTAIN DOGS: Whenever an
officer has reasonable cause to believe that a particular dog presents a clear and
immediate danger to residents of the city because it is infected with rabies
(hydrophobia) or because of a clearly demonstrated vicious nature, the officer,
0 after making reasonable attempts to impound such dog, may summarily destroy
said dog. (Amended Ord. 233,11-4-1997)
l ~
0 5-1A-13: DOG KENNELS:
A. Licensing Requirements:
1. Licenses Required: No person, firm or corporation shall operate or
maintain a commercial or private kennel without first securing a kennel
license therefore from the City Council and meeting the criteria as set forth
in this article and/or the zoning ordinance 1,
2, Applications For Licenses; Fees:
a. Application for a kennel license shall be made on forms provided
by the city, Such application shall contain the following information:
(1) Location, on premises, of the kennel.
(2) Location of structures for housing the dogs, If the dogs are to be
kept primarily within the home or other building of the residence of
the applicant or of any other person, the application shall so state,
(3) The maximum number of dogs to be kept on the premises,
(4) The location, size, and height of dog enclosures, if present.
0 (5) The location and type offencing (if present); fencing to be of
such quality, design and height so that it will contain the dogs 2.
(6) Method to be used in keeping the premises in a sanitary
condition,
(7) Method to be used in keeping dogs quiet.
(8) An agreement by the applicant that the premises may be
inspected by the city at all reasonable times,
b. The City Council may impose additional requirements to be
stated in the application or more restrictive requirements than those
listed in Subsection A2a of this section to protect the health, safety,
general welfare and morals of the general public, (Amended
Ord.233,11-4-1997)
c. Application for such license shall be made to the City Clerk and
shall be accompanied by a specified license fee that shall be as set
in Subsection 1-7-3A of this code,
3. Approval Or Denial Of Licenses: The City Clerk shall refer private
0 kennel license applications to the City Council and commercial kennel
license applications to the Planning and Zoning Commission as set forth in
1 See section 12-15-6 of this code,
2 See title 12, chapter 7 of this code for fence regulations and restrictions,
l~
0 the zoning ordinance, In both cases, the City Council may grant or deny
the license.
4. Renewal Of Licenses: All kennel licenses shall be renewed annually,
Application for such license renewal shall be made to the City Clerk and
shall be accompanied by a specified license fee, which annual license fee
shall be in such amount as set forth by ordinance 1, The City Council shall
review and approve all license renewal applications, provided no
revocation of the license is made as specified in Subsection A6 of this
section.
5. Requirements For Private/Commercial Kennel Licenses: A minimum of
two and one-half (2,5) acres in a residentially zoned district is required for
a private/commercial dog kennel license (provided that the adjacent lot
sizes are predominately similar in size). A private/commercial dog kennel
license shall not be issued unless a Conditional Use Permit has been
granted by the City Council in accordance with the zoning ordinance,
Amended Ord, 233,11-4-1997; amd. 2003 Code)
6, Revocation Of Licenses: Any kennel license may be revoked by the City
Council by reason of any violation of this article or by reason of any other
0 health or nuisance ordinance, order, law or regulation.
a, Private Kennel License: Before revoking a private kennel license,
the licensee shall be given notice of the meeting at which such
revocation is to be considered. Notice of the meeting shall be given
in writing five (5) days prior to said meeting, The licensee, if present
at said meeting, shall be given the opportunity to be heard,
b, Commercial Kennel License: A commercial kennel license may
be revoked by the City Council by the procedure established and
defined in the zoning ordinance.
B. Kennel Regulations: Kennels shall be kept in a clean and healthful
condition at all times, and shall be open to inspection by any health officer,
sanitarian, animal control officer, or the person charged with the
enforcement of this article, or any health or sanitary regulation of the city,
at all reasonable times. (Amended Ord, 233> 11-4-1997)
5-1A-14: DOG ENCLOSURES:
A. Purpose: It is the purpose of this section to abate existing nuisances and
to prevent nuisances created by site, odor, noise and sanitation due to
0 construction and placement of dog enclosures on private property,
1 See subsection 1-7-3A of this code,
If
0 B, Screening: Dog enclosures must be screened from view of adjacent
property,
C. location: A dog enclosure shall not be placed closer than forty feet (40')
from an adjacent residential dwelling or principal structure and at least ten
feet (10') from side and rear lot lines, No dog enclosure shall be placed in
the front yard in all residential districts; and in the R-4 single-family urban
district> no dog enclosure shall be placed in the side yard.
D. Sanitation Requirements: No person shall permit feces, urine, or food
scraps to remain in an enclosure for a period that is longer than
reasonable and consistent with health and sanitation and the prevention of
odor.
E. Applicability And Effect Of Provisions: This section shall be applicable to
all dog enclosures constructed after July 18, 1995. Any preexisting dog
enclosure for which the city receives a complaint that it is not kept in a
clean and sanitary condition or is a nuisance to an adjacent property
owner shall be required to comply with this section by a notice of
compliance being given by the City Administrator or his/her duly
authorized agent. Failure to comply with such notice within thirty (30) days
Q of issuance shall be a violation of this article, (Amended Ord, 233, 11-4-
1997)
5-1A-15: ENFORCEMENT OFFICIALS: The City Council may from time to
time appoint such persons as may be necessary to assist the police officers of
the city in the enforcement of this article. Such persons shall have police powers
insofar as is necessary to enforce this article, and no person shall interfere with,
hinder, or molest them in the exercise of such powers, (Amended Ord, 233, 11-4-
1997)
5-1A-16: CITATIONS: The animal control officer, or his/her designee, shall
be authorized to issue citations for violations of this article. (Amended Ord, 233,
11-4-1997)
5-1A-17: ABATEMENT OF NUISANCE CONDITIONS:
A. Nuisances Subject To Abatement: The following are declared nuisances
subject to immediate abatement by resolution of the City Council:
1, Any dog/cat that has, without provocation, inflicted "substantial bodily
harm" as defined by Minnesota Statutes Section 609.02, Subdivision 7a>
0 on any person; or
( b
0 2. Any dog/cat that has engaged in conduct resulting in three (3) or more
established violations of this article for nuisance. An "established violation"
is any violation for nuisance declared as "established" by the City Council,
or which results in a conviction in a court of competent jurisdiction; or
3. Any established violation of this article for nuisance preceded b y a
declaration by the City Council, based upon a prior incident, that the
dog/cat is a "dangerous dog/cat" as defined by this article,
B. Placement On Council Agenda; Notice Requirements: Upon determination
by the City Clerk of the existence of a nuisance subject to abatement as
set forth above, the City Clerk shall place the matter on the agenda for the
next regular meeting of the City Council for public hearing and abatement
consideration. Notice of the hearing and a copy of this article shall be
provided to the owners of the dogs/cats by regular mail not later than
seven (7) days prior to the hearing. The City Clerk may also notify other
concerned or interested parties,
C. Hearing For Abatement: Upon application and notice set forth above, a
public hearing shall be held before the City Council. The owners shall
have the opportunity to be heard and present relevant witnesses and
0 evidence. The City Council may also accept relevant testimony or
evidence from other interested persons,
D. Decisions By City Council: The City Council may, in its discretion, approve
or disapprove the application for abatement. If approved, the City Council
may order any of the following:
1. The dog/cat be forthwith confiscated and destroyed in a proper and
humane manner, and the costs incurred in confiscating, confining and
destroying the animal paid by the owner. Any costs unpaid after thirty-(30)
days of the order shall be assessed against the owner's property,
(Amended Ord. 233,11-4-1997)
2, The dog/cat shall be removed permanently from the city limits within
forty-eight (48) hours of notice of the order. The dog license shall be
permanently revoked,
3. Should the owner fail to comply with the order to abate, the city, in
addition to any other legal remedy, shall have the civil remedy of injunctive
relief and may apply to a court of competent jurisdiction for an order
compelling compliance with the abatement order. (Amended Ord. 233, 11-
4-1997; amd. 2003 Code)
0 5-1A-18: VIOLATION; PENAL TV: Any person who shall violate any
provision of this article shall be guilty of a misdemeanor and, upon conviction
It
0 thereof, shall be punished as defined by state law, (Amended Ord, 233, 11-4-
1997)
Adopted by the City Council of the City of Andover this _day of 2007,
CITY OF ANDOVER
Attest:
Michael R, Gamache - Mayor
Victoria V olk - City Clerk
0
0
Ii
CITY OF ANDOVER
0 COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO, SUMMARY
AN ORDINANCE MODIFYING REQUIREMENTS FOR ANIMAL CONTROL IN THE
CITY OF ANDOVER
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statute 462,
Policy
The purpose of these changes is to clarify definitions for nuisance dogs and barking, potentially
dangerous dogs, and basic care,
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
0 The provisions of this ordinance shall apply to the City of Andover,
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body,
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk,
Adopted by the City Council of the City of Andover on this _ day of 2007,
ATTEST: CITY OF ANDOVER
Victoria V olk, City Clerk Michael R. Gamache, Mayor
0
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0 "<....~~
"'\O,.~
~,,-~-
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Regular Andover City Council W~'rk:sho.l!..Meeting
Minutes - May 22, 2007 "...........
-......
P~5 ~
~
City that they are going to dredge the creek but the City cannot
but the Federal Government can require that.
Mr. Heiling wondered ifhe will get charged anything for doing maintenance on the eas
his property, Mayor Gamache indicated he would not.
Mr. Berkowitz indicated they have a two-year warranty on all of their projects,
~ ANIMAL CONTROL ORDINANCE DISCUSSION
Councilmember Jacobson suggested they send this to the Planning Commission and have them
look at "invisible fencing" and see if there are any other changes they can think of and have staff
contact the individual who has been contacting the Councilmembers of the Planning
Commission date,
Councilmember Orttel stated the resident's issue is not the fencing, it is the dog barking
incessantly, Councilmember Knight wondered if an invisible fence is considereg an adequate
0 barrier.
Councilmember Trude thought they should send a few different issues to the Planning
Commission. I) What constitutes a restraint and how does an invisible fence fit in, Should dogs
be kept in the front yard with an invisible fence, 2) What constitutes a nuisance; 3) What type of
dogs should the City list as dangerous and should they list any,
Mayor Gamache stated the only thing they have in the ordinance is regarding restraint. He
would like to find out what that means, He thought the invisible fence would be covered in that
section, Councilmember Jacobson thought they should have the Planning Commission look at
that for the invisible fencing,
Councilmember Trude asked what specifically they want the Planning Commission to look at.
Councilmember Jacobson thought the Planning Commission should look at technology such as
the invisible fence, Mr. Neumeister stated the Planning Commission is going to want more
information in order to discuss this, Mayor Gamache stated he would like more of a definition
for restraint.
Councilmember Trude thought they need to look at the nuisance area in the ordinance to define it
and make it more enforceable.
Mayor Gamache thought Section 5A-IA-l in the ordinance covers the problem and stated he
does not want to get into any more restrictions,
0 Councilmember Jacobson wondered if a report should be written even ifthe CSO officer does
not see the dog barking, He thought maybe they should have it in the ordinance that after so
many reports, it should be considered a nuisance, Mr, Neumeister thought the ordinance should
-zq
0
Regular Andover City Council Workshop Meeting
Minutes - May 22, 2007
Page 6
be changed to define it a little better,
Council consensus was to seek law enforcement input and bring it back to Council.
Councilmember Jacobson stated he was suggesting there be a trigger mechanism in the
ordinance for the Sheriffs Department to go by.
DISCUSS TIME LIMIT ON BUILDING PERMITS
Mr. Neumeister showed photos of two homes on 133 rd indicating these homes were built 18 months
ago and are in foreclosure and wondered what they can do because the City does not have any way
to get the work done,
ncilmember Jacobson wondered if the City should get a deposit when someone applies for a
buil permit to assure the homes will get finished in a timely manner,
Mr, Berko 'tz indicated the homes shown have also defaulted on the escrow payment to the City
and the City k is dealing with this, Mr. Neumeister explained when a house goes into default or
0 foreclosure there' really nothing we can do until the bank gets the house,
Councilmember Knigh ggested if it is in default or foreclosure they wait it out until it goes to the
bank and then go after the nk,
Councilmember Jacobson thoug 'fstafffound out what bank holds the lien they should send them
a letter indicating the homes need et fixed up or they will have an abatement process put on
them,
DISCUSS IRRIGATION AGREEMENT
Mr. Berkowitz reviewed the irrigation agreement the Council.
Councilmember Trude thought the agreement looks goo e way it was written by staff, Mr,
Berkowitz thought the agreement would get the City to com
associations,
Councilmember Jacobson stated his concern is with the smaller unit a ociations, Mr. Berkowitz
thought it may be a minimum of a $100 fine and go from there, He won ed if the Council
wants to see something addressed in the fee schedule to address this, The ncil thought that
would be a good idea,
Mr, Berkowitz wondered if the City Attorney indicates they cannot charge per unit, tthey
should do, The Council thought he should check on what would be allowed and bring i
0 with the fee schedule changes,
~I
0 Special Andover City Council Workshop Meeting
Minutes - June 26,2007
Page 9
Councilmember Trude recommended on 1,07 Specific Power d Responsibilities, that the second
sentence should state: "Mept Recommend policies th Ifill the goals, .. "
Councilmember Trude suggested under 1,08 eparation of Program and Budget that the City
Finance Director should work as the Cit): , Ison to handle the budget. Mr. Dickinson offered to
reword this section taking into accou e finance department overseeing it.
Councilmember Trude quest' ed the handling ofland acquisitions by the Open Space Commission.
Councilmember K ' t asked if a party wants to donate land would the area be named for that
person, Coun ember Trude stated the land donation and name should have a policy because this
will beco an issue, She suggested there should be a policy of how to handle gifts ofland and be a
plan nform the public,
Councilmember Knight stated these are called legacy gifts,
Councilmember Trude commented that new Commission members should have a public
procurement review of policies because they will be dealing with public funds.
.....ANIMAL CONTROL ORDINANCE DISCUSSION (CONTINUED) - PLANNING
Mr, Neumeister stated at the May 22nd workshop, requests were made to review restraint and
nuisance and to hold a discussion of dangerous dogs, He reported that the law enforcement Staff of
the Sheriffs office feels the Ordinance is better than most.
Councilmember Orttel stated that having invisible fence restraint has been an issue, Councilmember
Knight stated a child or anything else can enter the yard and dogs can leave the yard with the
invisible fence,
Councilmember Jacobson stated the issue is about barking, He questioned page 23 ofthe Lakeville
policy where restraint is explained, Mr, Neumeister stated the policies need to be identified,
Councilmember Trude stated that law enforcement has additional rules that are not part ofthe Code,
Mayor Gamache stated that the policy relies on neighbors accurately reporting what they see,
Councilmember Knight stated there should be a policy about threatening dogs. He mentioned that
page 26 of the Lakeville Ordinance has a more extensive definition of dangerous dogs than the
City's Ordinance on page 12, Mayor Gamache stated people have to go to court to keep their dogs
when three complaints are made,
0 Mr. Neumeister reviewed conditions that should go to the Planning Commission; 1) barking, 2)
nuisance and 3) potentially dangerous dogs and 4) restraint, Councilmember Knight questioned if
an electronic fence is considered a restraint. He suggested that a policy be considered where a dog is
7t
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Special Andover City Council Workshop Meeting
Minutes - June 26, 2007
Page 10
not allowed outside without being under the control of a person,
Councilmember Trude commented that dogs are not required to be fenced, She commented that
humane treatment of an animal should be included which is on page 35 under basic care,
Mr, Neumeister stated on page 33 a dangerous animal is defined and steps to be taken are outlined.
SUBDIVISION CODE UPDATE DISCUSSION - PLANNING
Mr. Neumeister stated that changes have been made after reviewing the Code with Bill Hawkins,
He commented there are policy questions on page 33, When land is used for a designated purpose
they can use it for a park, playground or open space, Mr. Dickinson stated that a developer creating
ark is using his park dedication allowance, He is challenging the terminology and offered to
pro 'de other Ordinances to support his position. This will be reviewed by the attorney,
Councilm ber Jacobson stated on page 34 the question of park dedication applies, Mr, Neumeister
stated this c ld affect how much land is dedicated.
Councilmember 0 el suggesting contacting a third party such as the League to help with the policy.
Mr, Dickinson stated uch of the Park information and open space use is taken from a recent fact
sheet with the most recen mdings from the League.
Councilmember Jacobson que 'oned credit for private space, Ifpark land is obtained and given
over for private use, policy should reviewed. Discussion was made to delete section E on page
38 from the policy, This was agreed on by the Council.
Councilmember Trude questioned D where 1 ' stricken through and suggested that it continue to be
included and not be included twice, Mr. Neume er stated he would check the PUD ordinance to be
sure this is covered,
Councilmember Orttel questioned the outcome on discus' n ofG. Mr, Neumeister stated thatthis
is a change and it can be done,
Councilmember Trude stated the cul-de-sac length is in the code, She proposed increasing the
length to 750 feet from 500, Mr, Neumeister stated that the fire depa ent hose length is 650 feet
and they do not like to have cul-de-sacs extend beyond this,
Mr. Neumeister stated he will make all the policy changes and send out co es with changes
highlighted in red, They will be given time to respond before it goes forward the Planning
Commission workshop. He stated that Mr. Hawkins suggested using a checklist by r rence, He
0 suggested numbering on the bullet points and that fees are per City fee Codes by year, He m gray
have been in use but are not in the Ordinance,
2008-2012 CIP PROGRESS REPORT-ADMINISTRATION
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Regular Andover Planning and Zoning Commission Meeting
0 Minutes - July 24, 2007
Page 5
Mr, Vrchota explained based on input from a resident, the City Council has directed the
Planning Commission to consider whether or not changes are needed to the City's
Animal Control Code.
Mr. Vrchota discussed the staff report with the Commission,
. Nuisance Dogs/Barking
Mr. Vrchota stated this is covered in the City Code under Section 5-1-Al. One thing that
is not in there is a definition of what constitutes habitual barking, Looking at the City of
Plainview's Code, they do have a definition of habitual barking as "Repeated intervals of
at least five minutes with less than one minute of interruption", If they were looking to
add something a little more objective to this, this definition is a little more concrete and
not so loose, He stated this is something they may want to consider adding to their code
to make it a little more specific,
Chairperson Daninger stated one of the things they need to change is they need to come
to a decision about what is habitual. He stated he liked the five minute rule but he did not
know if five minutes would be too little, He thought if it were a nuisance, the dog would
continually bark 'and not stop after five minutes,
0 Commissioner Casey stated he agreed with the five minute interval. He thought this
would give the Deputies some control because it would define the nuisance and give
them some direction, He indicated he was under the interpretation until he read the report
that it followed the noise ordinance of 8:00 p,m, to 8:00 a,m,
Chairperson Daninger indicated a Deputy has discretion in their authority to verbally
warn or issue a citation so there are many avenues of flexibility but if it is not in their
ordinance then it is just a judgment call,
Chairperson Daninger wondered if any of the Commissioners thought the time limit
should be longer, Commissioner Falk felt five minutes was the right amount. Ifthey go
ten minutes or longer, there is a point where enough is enough,
Commissioner Cleveland thought having the five minutes allowed the Sheriffs Deputy to
not have to exercise judgment and know that it is a violation and issue a citation,
Commission concurrence was to add the five minute definition to the City Code,
A resident asked what would happen if a dog would bark on and off throughout the day
and night but not within five minute intervals, Mr. Vrchota stated that would be a
difficult situation without a deputy witnessing this, He thought this type of nuisance
would be difficult to enforce, Chairperson Daninger concurred and indicated they are
looking at just one area ofthe code but he wondered if they currently have anything in
0 their ordinance for this, Commissioner Cleveland thought they did if someone was
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Regular Andover Planning and Zoning Commission Meeting
0 Minutes - July 24, 2007
Page 6
willing to define what it was to be annoyed, He stated Plainview has defined habitually
but they did not define annoyed, He thought if someone was annoyed, it would be
something where a person could make a call to the Sheriff s Department to have them
come out,
A resident thought certain breeds of dogs barked more than others and were annoying
more than others, Commissioner Cleveland stated in the Plainview regulation, it
indicates the barking has to be heard off the owner's property in the same paragraph
where it defines habitual. He wondered ifthat was something they would also
incorporate.
Chairperson Daninger thought it only had to affect anyone who could hear it, which
could be one neighbor. He thought if it affected a neighbor or neighbors that would be an
Issue,
Commissioner Falk wondered how they would define a neighbor that always calls on a
certain dog barking which does not affect other neighbors, is that habitual or annoying,
Commissioner Cleveland stated when he looked at Paragraph D in the report; to him it is
sort of like the dog in a fenced yard that charges or barks specifically at the neighbor,
This would fit annoy but it does not suggest the barking is annoying,
0 Chairperson Daninger thought they could add to Paragraph D, barking over time, He
thought the problem may be coming with the enforcement side of it.
Commissioner Walton wondered if it could do with the number of complaints filed with
the Sheriff's over a certain amount of time, Chairperson Daninger thought if they
included this a neighbor will call just to rack up the number of calls. He thought if a dog
barked all night it would annoy the person,
Mr, Vrchota thought the word "annoy" will be hard to define in the City Code because it
is such a subjective term, He thought what they may want to look at is defining
frequently and setting some kind of standard for that. Chairperson Daninger thought it
may be a good start to put in the five minutes and then somehow define frequency,
Commissioner Walton thought the missing piece is the corroboration part, He thought
they needed to have more than one person indicating it is happening such as another
neighbor, police officer or multiple complaints,
Chairperson Daninger thought they were all in concurrence with adding the five minutes
to the ordinance, He wondered how they could define the intermittent dog barking
throughout the day or night and how they could enforce that.
Commissioner Walton wondered what the policy was for a nuisance dog, Mr. Vrchota
referred to pages 16 and 17 which laid out the process,
0
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0 Regular Andover Planning and Zoning Commission Meeting
Minutes - July 24, 2007
Page 7
Commissioner Walton indicated in the Plainview Ordinance if a dog is viewed as a
nuisance, their police officers can go in and take the dog to stop the nuisance and he
wondered how their Deputies could enforce it. Mr, Vrchota stated there is a process laid
out in the Code on how nuisance conditions are handled and it does go to the City
Council before any action can be taken,
The Commission discussed with staff the current regulations regarding how the City
handles nuisance dogs,
Commissioner Walton thought they should look at a quicker resolution to a nuisance
problem,
. Potentially Dangerous Dogs
Mr. Vrchota stated the City currently defines a dangerous dog in section 5-I-AI of the
code, There is one word that is not defined which is "unprovoked", He stated the City of
Plainview does define it which may be further clarification they can look at for their
code,
Chairperson Daninger indicated he did not have a problem adding this because it is a
Q potential word that needs to be added, Commissioner Falk agreed with the addition of
the wording,
A resident asked if the threats are directed towards humans or other pets, Chairperson
Daninger thought in Item C, it included everything except wild animals,
Commissioner Walton indicated dogs are hunters and will go after wild animals so he did
not think they wanted to go that far,
Commissioner Walton stated in Section 5,1.a-II, page 11, paragraph A talks about
resolution which will take two to three weeks, He thought there was something missing
because they should be able to make a resolution faster about a potentially dangerous
dog, Mr. Vrchota indicated the Sheriffs Department has other policies they do use and if
they feel an animal is a threat they can take the animal.
Chairperson Daninger indicated if a dog were to attack a child it would be immediately
contained.
. Restraint
Mr, Vrchota indicated this section deals with "invisible fencing". He stated their City
Code has a definition for restraint. He stated both staff and the Sheriff s Department had
interpreted that definition to mean that invisible fencing is a permitted type of restraint
for a dog, The interpretation has been challenged, He stated the City of Lakeville Code
0
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0 Regular Andover Planning and Zoning Commission Meeting
Minutes - July 24> 2007
Page 8
has a more in-depth definition for "restraint". He asked the Commission whether or not
invisible fencing would be permitted as the only restraint for fencing in the front yard,
Chairperson Daninger stated restraint is to keep the dog in and is not to keep people out.
He thought initially invisible fencing counted as a restraint because it has to work, It is
not a restraint if it does not work. It is considered a restraint but if the dog is not trained,
it is not a form of restraint. He stated this not stop a child from going into the yard,
There are a lot of different issues that can be brought up,
Commissioner Falk wondered how a person would be able to tell if a yard had invisible
fencing or not. What if someone was walking along and a dog came running up to the
edge ofthe yard, how would a person know if the dog would stop or continue on,
Commissioner Walton stated they do not control invisible fence installation but do they
need to define the installation to keep them six feet away from a sidewalk or driveway
and do they need to tell people where they can install them to avoid those types of
situations, Commissioner Cleveland wondered if signage should be required as an
indication that an invisible fence is there,
Chairperson Daninger asked ifthe Commission thought invisible fencing was considered
a restraint. Commissioner Walton did not think it was, Chairperson Daninger thought
0 this would be a debate both ways because residents who have invisible fencing would
consider it a restraint. He wondered if invisible fencing should only be used as a restraint
in the back yard or both front and back yards,
Commissioner Casey felt invisible fencing was a restraint for dogs, Commissioner
Walton did not think it was a solid restraint and people do not see it so how would they
know a fence would hold a dog in,
Chairperson Daninger wondered why a dog would need to be restrained in the front yard,
Commissioner Cleveland did not think invisible fencing was much of a restraint.
Commissioner Falk did not think it was a restraint.
The majority of the Commission did not feel that invisible fencing was a restraint.
Mr, Vrchota stated the definition of restraint in the Code says "The dog or cat shall be
deemed under restraint if it is on the premises of its owner." This does not specify that it
needs to be fenced or tethered only on the premises and under control. He stated for
clarification that ifthe invisible fencing stops a dog from leaving the yard is that
considered a restraint. Chairperson Daninger thought it was because if it works, it is
doing its job and controlling the dog, He did not think they could stop someone from
installing an invisible fence in their yard to restraint their dog,
Commissioner Cleveland stated there is a limit to the predictability of the animals
behavior and the ordinance does say that it is deemed to be under restraint if it is on the
0 premises so there is an assumption to be made that if the dog is where it is supposed to
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Regular Andover Planning and Zoning Commission Meeting
0 Minutes - July 24, 2007
Page 9
be, it is restrained, whether it is actually restrained or not is what happens next but the
ordinance does not speak to what happens when someone walks by that dog.
Commissioner Walton stated if someone walks by the property and the dog walks off the
property and annoys or is dangerous, then it is deemed to have not been under restraint.
If it is on the property and someone goes onto the property it is still deemed to be
restrained because it stayed on the property where it was supposed to whether it was by
invisible fence or training, It is only when the dog ventures off private property, then it is
not restrained,
Chairperson Daninger did not think the Commission could come out and say invisible
fencing is not a restraint but they will also not say that invisible fencing is a restraint. He
stated they did not want it in their ordinance to say invisible fencing counts,
Chairperson Daninger thought any type of restraint could not leave the property,
. Basic Care
Mr. Vrchota stated in the Council workshop the section on Basic Care in the Plainview
Code was indicated to be adopted, He indicated their Code section has the same
information as the Plainview Code but he thought this section needed to be labeled a little
0 more clearly.
The Commission felt comfortable with what they have in their ordinance but thought the
title could be changed to make it more descriptive,
WORK SESSION: SUBDIVISION ORlJINANCE
Mr. Cross stated for the last six months, City staff has been revising the Subdivision
ance, the section of City Code that determines the requirements and review criteria
for ne bdivisions, Like the Zoning Code, much ofthe language dates back to the
original I rdinance, Staff has attempted to simplifY the Subdivision Ordinance,
remove outdate terial, and update it to conform to policies and regulations that are
currently being use e Council has reviewed and commented on the changes at two
workshops,
Mr. Cross reviewed the proposed c es to the Ordinance with the Commission and
indicated this will come back to a workse n on August 28,2007, He asked the
Commission to review the changes for further 'cussion at another meeting,
OTHER BUSINESS.
0 Mr, Bednarz updated the Planning Commission on related items.
;Zi
0 Regular Andover City Council Meeting
Minutes - August 8, 2007
Page 9
Councilmember Trude stated what she unde od from this process is this permit regulates the time
and period but she wondered if it also' uded the volume, Mr, Neumeister stated in the report there
is a drawing on page eight th ows the pond and how it will be built out. This is not based on
rading plan. He did not think anyone has calculated the volumes yet.
Mr, Neu ' er showed the map indicating where the pond is located and where the pond is
to go out to,
Motion carried 4 ayes, 1 nay (Trude), (RES, Rl13-07)
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
0 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 ofthe 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
0 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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0 Regular Andover City Council Meeting
Minutes - August 8, 2007
Page 10
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
dministrator Dickinson stated recently the Anoka County Board, pursuant to Minnesota State
9.1082, granted to the Anoka County Housing and Redevelopment Authority (ACHRA) all
of an economic development authority under Minnesota State Statute sections 469,090
- 469.1082, the granting of this authority to the ACHRA, the statute is clear that cities and
townships have t11 tion to participate in the economic development program,
Motion by Jacobson, Seco d by Orttel, to respectfully decline participating in the Anoka
County Housing and Redevelo nt Authority (ACHRA) program, Motion carried
unanimously.
DISCUSS SCHEDULE FOR COMPREHE
Community Development Director Neumeister stated has prepared a draft schedule for the
Comprehensive Plan Update and asks the Council for chan r comments.
Councilmember Trude understood the League of Women Voters is ing on putting together
cable tv interviews of City planning officials asking some questions rela to what they are
going to focus on in the Compo Plan Update and then they are going to ask 11 the City wants to
0 protect vulnerable natural resources, Another question is how will the City invo
communities or get their feedback and she knew it may be hard for them to address e
questions because they are still so early in their plan, She can see they are going to deal
of those at some point but it is just a matter of taking a lot of time to go through all of this,
sO;,,'
0 EXHIBIT A- "Restraint" in Other Cities
Coon Rapids
"Running at large" shall mean any dog that is not either:
(a) Effectively contained within a fenced area on private property, or
(b) Effectively restrained, by chain or leash, to private property with the consent of
the property owner, or
(c) Effectively restrained by a chain or leash not to exceed six (6) feet in length.
Blaine
Restraint means controlled by a leash or by a competent person and immediately
obedient to that person's command, or within the property limits of its owner restricted by
a secure "tether" which limits the dog's movement on and to the owner's property, or
within a secure enclosure on the property limits of the owner which confines the dog. An
unattended dog or other domestic animal on the property of another, without the consent
of such property owner, is "at large" and not "under restraint," even though it is on a
leash,
Brooklvn Park
Under Restraint- An animal is "under restraint" if it is controlled by a leash or within a
vehicle being driven or parked on a public street, or within the property limits of its
owner's premises under some form of physical restraint such as a leash or fence or in the
0 presence of a competent person, An unattended animal on the property of another,
without the consent of such property owner, is "at large" and not under restraint, even
though it is on a leash,
....
No person shall permit an animal to be at large in this city, but must keep such animal
under restraint at all times, No person having custody or control of any animal shall
permit the same to be on any unfenced area or lot abutting upon a street, public park,
public place or upon any private land without being effectively restrained from moving
beyond such unfenced area or lot; nor shall any person having custody or control of any
animal permit the same at any time to be on any street, public park, school ground or any
public place without being effectively restrained by chain or leash not exceeding eight
feet in length,
Brooklvn Center
Under Restraint means an animal that is controlled by a leash or at heel beside a
competent person having custody of it and obedient to that person's commands, or within
a vehicle being driven or parked on a public street, or if it is within the property limits of ,
its o~er's premises,
Minneapolis
64,50, Leashing and tethers; feces clean up,(a) Leashing. No person having the custody
or control of any dog or ani~al of the dog kind shall permit the dog to be on any
unfenced area or lot abutting upon a street, alley, public park, public place or upon any
0 private land without being effectively restrained from moving beyond such unfenced area
3/
" or lot; nor shall any person having the custody or control of any dog or animal of the dog
kind permit the dog at any time to be on any street, alley, public park, school ground, or
public place without being effectively restrained by chain or leash, except in areas
officially designated for offleash activities. Violations of this provision may result in an
administrative fine,
Bloominl!ton
Under Restraint - a dog is under restraint if:
(1 ) the dog is within a secure vehicle;
(2) the dog is within a secure fence or building within the owner's property limits;
(3) the dog is picketed in accordance with this Division of the City Code;
(4) the dog is controlled by a leash, provided that when persons or other animals are within
twenty (20) feet of the dog the leash is shortened to six (6) feet; or
(5) the dog:
(A) is within the owner's property limits, or is involved in a scheduled dog show or
obedience demonstration or trial, is legally involved in hunting or retrieving game
animals, or is within the boundaries of a City park or other City-owned property
designated and posted by the Manager of Parks and Recreation as an off-leash site;
and
(8) is controlled by a competent person and is immediately obedient to that person's
0 command,
0
32
" 8 II
" Ex~,~i+
, August 21,2007
0 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)
0 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 I 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,< Ultimatelvis underaroundfencina a danaer to public safety?
0 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?
~7 .
~
. 'D,OG BEHA VIOR & THE LAW
~
Published by
ANIMAL BEHAVIOR COUNSELING SERVICES, Inc.
Los Angeles, CA.
&
Richard H. Polsky, Ph.D,
Canine Behavioral Expert and Consultant
Vol. l. No.1. Spring 1997
Phone: 310- 474,3776 Fax: 310-475-2676 e-mail: abcs@westworld,com Internet: http:/ /www,dogexpert.com
A Behavioral Perspective on From the Desk of
Richard H. Polsky, Ph.D.
California's Dog-Bite Statute Attorneys handling dog-related
injury
cases may not fully understand all the
behavioral issues involved in these
Twenty-nine States, including California, have stat- kinds of lawsuits, It
is partially for
utes imposing strict liability for dog-related injuries, These
this reason I created my newsletter, I
statutes make an owner liable, without having to prove fault or send it to you
with my compliments,
negligence, if the actions of their dog cause injury to a person. HopefullyJrom it,
you'll gain a better
In California, the injury has to be the result of a bite (Civil Code understanding of how an expert's knowledge of dog
Section 3342), The "dog-bite" statute further stipulates that behavior can be eJJectively used to support or counter
o an owner must take reasonable steps to protect the public from 'such legal arguments as assumption of risk, negligence,
provocation and a person's previous knowledge about
their dog because of the dog's propensity for biting, a dangerous propensities in
a dog, Please do not
hesliate to call my office if you have any questions or if
Due to the way the law is written, one could easily form you feel the need to discuss a case with me in greater detai!,
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 Richard H. Polsky, Ph,D,
418, 333 P2d 754 the court stated: "In adopting section 3342 Certified Applied Anima] Behaviorist
of the Civil Code, the legislature did not intend to render Meet Dr. Richard
Polsky, Ph.D,
inapplicable such defenses as assumptions of risk or willfully
invited injury. Therefore those defenses are available in all Richard Polsky,
Ph,D, received his academic
proper cases, " In Smythe v. Schacht (1949) 93 CalApp 2d 315, training at The Ohio State Univ, (B,Sc, 1970) and then at
209 P2d 114 the court ruled: "In adopting the statute the Leicester University (England) where he earned the doctor,
legislature did not intend to make the liability of the owner ate in animal behavior in 1976. After finishing his doctoral
absolute and render inoperative certain principles of law such studies, he served for two years as a Research Associate in
as assumption of risk or willfully inviting injury. " animal behavior
at the University of Birmingham, (En-
gland). From 1976 to 1981, he was a post,doctoral fellow
If a lawsuit invokes the dog-bite statute, then consid- at the Neuropsychiatric Institute, University of California,
eration always has to be given as to whether provocation was Los Angeles, During his five years at UCLA, Dr, Polsky
devoted himself to further studies and research in the field of
the impetus behind the attack. Likewise, the attorney also animal behavior, Dr, Polsky is a member of the American
needs to know if the plaintiff assumed the risk of being bitten, Psychological Association, Division of Comparative
From a behavioral perspective, contributory negligence ofthe Pyschology, He is certified as an applied animal behaviorist
plaintiff - either due to assuming the risk of being bitten or through the Animal Behavior Society, Since
1981, Dr,
because of invited injury through a provocative act - is one of Polsky's practice has focused on the diagnosis and treatment
the strongest defenses to counter liability under the dog-bite of canine and feline behavioral disorders, Currently he is in
o statute, In California, if provocation or assumption of risk are private practice in West Los Angeles and he also holds a part-
established then a plaintiffs recovery may be reduced in time staJJposition at the Los Feliz Small Animal Hospital in
proportion to their contributory fault. Los Angeles,
Dr, Polsky has published over 50 papers in the
veterinary and animal behavior
literature, He is the author
For the purpose of the discussion which follows, provo- ofthe recently published text, "User's Guide to the Scientific
and Clinical Literature in Dog and Cat Behavior," Dr,
cation refers to the antecedent behavioral actions of the Polsky has served attorneys as an expert witness on over 125
(continued on page 4) occasions, equally split between plaintiff
and defense,
vtI-
. Litigation
0 Results of Recent Dog-Bite
Harrison v, Dieterman, Norwalk Superior Court. Case made to the housing authority about the presence of the dogs, The
No, VC016943, Judgement: $89,250 on 10/11/95 defense posture was that the housing authority acted reasonably in
Jury Verdict: 12-0 liability and damages; 10,2 contributory handling the inherently difficult problem of drug dealers and their
negligence, Trial Counsel: Plaintiff, Gregory Vanni (Thon, dogs, They further argued that government regulations made it
Beck, Vanni Phillippi & Nutt, Pasadena); Defense, Michele difficult to enforce its lease provisions and pet policy,
Ahrens (Tredway, Lumsdaine & Doyle, Downey), MaIm v, Snell, San Diego Superior Court, Case 656248
The plaintiff, an 8 y,o boy, sued under the dog bite Judgement: $87,800 on 6/29/94; Plaintiff found 85% con-
tributory negligent reducing award to $13,170, Directed
statute as a result of an attack by the defendant's pit bull, Injuries verdict against defendant on issue ofliability, Motion for new
sustained to facial area were serious. The defendant claimed
$18,000 in current medicais and an anticipated $20,000 in future trail and additur granted, Additur: $137,801. Settled for
medicals, The plaintiff also claimed post-accident emotional dis- $120,000, Plaintiffs Counsel: Joaeph Ruff (Harrigan, Ruff,
tress, The defendants did not accept total liability for the incident: Ryder & Sbardellati, San Diego); Defense: Kenneth Kleeger
they argued that the attack may have been the result of contribu- (Prestholt, Putak, Kleeger, Fidone & Villasenor, Los Angeles),
tory negligence of the child, Specifically, the defendants believed
that the child caused the dog to attack by poking it with a dart. A 42 y,o, dental assistant owned 4 dogs, one of which was
Prior to the attack the plaintiff was playing darts with the owner's an adult male Rottweiler. She allowed her daughter to take onto her
son and the dog was in their proximity, The plaintiff denied poking premises a fifth dog, a Chow, on a temporary basis, The Chow,
the dog with the dart, Instead, he claims that he approached the owned by the defendants, could not stay in the defendant's home
dog to pet the dog and the dog attacked, No warning signs were because of the dog's recent attack on a neighbor, The defendant's
given by the dog, The defendants claimed that the dog was well, son (boyfriend to the plaintiffs daughter) instructed the plaintiffs
tempered and had never previously displayed any aggression to daughter to keep the dog in a 8 xl2 ft, pen in her rear yard, The
any human or dog, On previous occasions, the plaintiff had been girlfriend's mother (e,g, the plaintiff) began caring for the Chow (e,g,
to the house and had never experienced any problems with the feeding), After approximately 10 days, she let the Chow out of the
dog, From all accounts, including expert opinion rendered by a pen, supposedly at the suggestion of the defendant, The defendant
behavioral expert on behalf of the defendants, the dog, despite denies this, A fight broke out between the Rottweiler and the Chow,
being of pit bull breed, was even,tempered and non-aggressive by The plaintiff shouted at the dogs to stop and the Chow turned and
nature, The defendants argued that the only feasible explanation attacked the plaintiff causing numerous injuries, Plaintiff attorneys
o for the attack was the contributory negligence of the plaintiff (e,g, argued that the defendant was strictly liable under Civil Code
poking the dog with a dart), Personal communication to this sections 3342 and 3342,5, The defense argued that the plaintiff was
author from the attorney representing the plaintiff indicated that comparatively negligent because she knew of the Chow's aggressive
this is what the some ofthejurors believed, During trial. plaintiffs tendencies and because she was told not to interact with the dog and
counsel was unsuccessful in his attempt to exclude entry of the not to let the dog out of the pen,
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, 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,
Riles v. San Francisco Housing Authority, San Fran- Newport Beach); Defense, Delos Brown (Brown & Peterson,
cisco Superior Court, Case No, 945838; Judgement: Agoura Hills),
$197,128 on 6/20/95, Jury Verdict: 12-0 negligence, The plaintiff, a 36 y,o, construction worker, was the guest
Plaintiffs counsel: John Hughs (Law Offices of Mansfield
Davis, San Francisco); Defense: Jacob Burland (Cullom & in the defendant's home when he was attacked by the defendant's
Burland, San Francisco), Chow chow, The dog had a history of previous
aggressive episodes,
both towards people and other dogs, The incident happened
shortly
The plaintiff, a 18 y,o, student, was attacked by two pit after the dog was brought into the house, The plaintiff was seated
bulls in the common area of a housing project located in San in the living room, Moments earlier, the dog had been in a fight with
Francisco, This project, Hunters View, was owned and managed another dog in the front yard of the defendant's residence, The
by the city of San Francisco, At the time of the incident, the dogs plaintiff claimed that the dog was aroused as a result of the fight and
involved in the incident were apparently under the control of two should have been placed in another part of the house before being
young men who were illegal residents of the project. At trial, allowed in the proximity of guests, The defense argued that
the
evidence was introduced suggesting that the two men had placed plaintiff provoked the dog by gesturing in the direction of the dog
the dogs in an attack mode, However, instead of going after the and that the plaintiff may have been intoxicated with alcohol at the
intended target, the dogs spotted the plaintiff as she was walking time of the incident. The dog bit off seventy percent of the plaintiffs
nearby and attacked her. Damages to the plaintiff consisted of right ear. Substantial reconstructive surgery had been done or was
bites and scarring on both legs and sensory damage to the right leg, planned, The plaintiffs treating physician testified that reconstruc-
There was no functional disability, The plaintiff brought a com- tion of an amputated ear is a complicated procedure involving four
plaint against the City for negligence and maintaining a dangerous to five surgeries over a period of a few years, The plaintiff argued that
condition on public property, Plaintiffs attorney argued that the defendants were strictly liable for the damages under the dog
o housing authority officials knew about the presence of pit buUs in bite statute, Trial started but was suspended in order to complete
the project, and these dogs were regularly trained to fight in the the deposition of the plaintiffs treating physician, The case settled
common area in the presence of the people who lived there and that for $300,000 (policy limits) after the deposition,
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
35'
Breed Profile: The Wolf-Hybrid
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-
Estimates indicate that between 300,000 and tion stays fixed in the hybrid.
1,5 million wolf-hybrids are currently being kept as pets
in the United States, Relative to other breeds of dog, the The combination of traits of friendliness to hu-
Humane Society of the United States reports a dispropor- mans with strong predatory inclinations have led some to
tional increase in the number of serious attacks on conclude that hybrids are "biological time bombs."1 Should
humans by wolf-hybrids in the last several years, As one the hybrid be regarded as a dangerous animal? Certainly
might expect, a significant number of these attacks have individual differences exist, but overall this conclusion
resulted in lawsuits, This trend is likely to continue, Thus, seems justified in light of recent epidemiological statis-
knowledge about the character of this animal should be of tics,2 Relative to other breeds of dog, data
show an
interest to the attorney handling a personal injury case increase in fatal attacks on humans by wolf-hybrids in the
involving a wolf-hybrid, last five years" However, attacks by Rottweilers and
0 Chow-chows have also increased in recent years, Would
A hybrid is defined as any dog that is part wolf. it also be fair to conclude that Rottweilers and Chow-
Usually, hybrids range between 50% - 95% wolf, although chows are dangerous animals?
often this is, at best, an approximation, They're usually
crossed with working breeds that look similar to wolves, Like the tremendous danger an untrained, inad-
such as malamutes and huskies. Certain physical traits equately socialized or poorly bred Rottweiler or Chow-
set the hybrid apart from pure-bred dogs, Their inner ears chow presents, the wolf hybrid also presents a substantial
are usually hairier, they shed heavily on their legs and feet danger to public safety because of its innate tendency to
in the summer, they have tuffs of hairs on their cheeks, display predatory behavior. Anyone with common sense
and they have longer bones and a narrower chest. Behav- should realize that extreme caution is needed when
iorally, they differ from dogs because they tend to be considering the hybrid as a pet. The fact that there has
howlers, they carry their head lower, they ambulate with never been a documented attack by a wolf on a human in
a slinking gait, they're extremely apt at escaping from the wild should not be taken to mean that the hybrid is
enclosures, they are difficult to housebreak, they tend to void of aggressive behavioral tendencies, On the contrary,
facilitate each other's behavior quite readily while together place the hybrid in an urban environment, where the
in a group, they're prone to react with aggression when appropriate stimulation to elicit a predatory reaction is
challenged in a dominant manner by an owner, and they commonly found (such as joggers or children moving on
seem to be more inquisitive and exploratory, Some de- skateboards or bicycles), and it is likely that predatory
scribe the hybrid as more "intelligent" than dogs, Like the behavior will be displayed, Owners of hybrids should not
differences that exist between wolves and dogs, the behav- be lulled into a false sense of security because of their
ioral differences present between hybrids and dogs are friendly demeanor to family members, Owners should not
probably one of degree, That is, both hybrids and dogs be led to believe that training and early socialization will
have the potential to display similar kinds of behavior. be enough to lessen the hybrid's proclivities for predation,
Both can become aggressive, both will bury food items, Strong predatory tendencies are part of the hybrid's
both will explore and hunt, both will problem-solve, etc. nature thereby making it a potentially dangerous animal
to keep as a pet in an urban environment.
What is the nature of the hybrid? To understand
Othis, we must first appreciate that the hybrid, by defini- References
tion, is part domestic dog. Because of their breeding, I Gloyd, J, Wolf Hybrids - a biological time bomb? JAVMA,201:381-382;
offspring resulting from the cross between a wolf and dog 1992,
are likely to inherit temperamental features common to 2 Lockwood. R. Dangerous dogs revisited. Humane Soc.iety United States
both, Breeding a dog with a wolf is likely to produce an News, Fall, 20-22; 1992,
35
0 I Dog-Bite Statute, Can't. I 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 although the plaintiff
plaintiff which have the immediate effect of eliciting did not intend to provoke the dog, the act nevertheless
an aggressive response from the dog, Examples often was sufficiently provocative,
found in lawsuits include such actions as straddling,
bending over, petting, stroking, handling, pulling or (b) Nelson v, Lewis, (1976) 35 III App 3d 130,
pushing, hugging, kicking or striking the dog, As, 344 NE 2d 268, An
Illinois court ruled that the
sumption of risk is not directly concerned with the stepping on the tail of a normally non-aggressive dog
plaintiffs behavior but rather with the plaintiffs by a 2 y,o, girl was provocative despite the fact that the
knowledge about the behavioral propensities in the girls actions were unintentional.
dog, Used in this way, assumption of risk is secondary
rather than expressed (e,g, liability waiver) or primary (c) James v, Cox (1981)130 AZ 152,634 P2d
(e,g, inherent occupational risk, such as a veterinar- 964; Toney v. Bouthillier (1981) 129 Ariz 402, 631 P2d
ian) , I distinguish between these two forms of con- 557, The court in each ofthese decisions ruled that
tributory negligence, provocation and assumption of unintentional provocation is a defense under the
risk, because there is a behavioral basis for their Arizona dog-bite statue, The courts viewed provoca-
separation. In published case law, the terms have tion as dependent on whether the actions caused the
often been used interchangeably (1993) 11 ALR5th animal to react rather than the intent of the actor.
127, In this article I will focus on the issue of
provocation. In my next newsletter, I will discuss the (d) Reed v. Bowen (1986) Fla, App, D2 503 So
issue of assumption of risk as it relates to the dog-bite 2d 1265,11 Fla, 2254, In Florida, the dog-bite statute
statute, requires that provocation must be committed
"mis-
chievously" or "carelessly". Based on this,
the court
Court rulings on provocation ruled in favor of the defense in a case involving the
o Verdicts rendered in Superior Court through- intentional pulling on a dog's chain by a 4 y,o boy,
Shortly before the incident happened, the boy had
out California clearly demonstrate the use ofprovoca- been instructed not to bother the dog, The boy also
tion as a successful defense to counter liability under testified that he was "bugging" the dog,
the dog-bite statute (Roeser v. Collole, San Fernando
County Case No, NV 08512; Clark v, Damien, San The liability of children
Mateo County Case No, 269411; Quan v, Reicken,
Sacramento County, Case No. 282252; Anderson v. In Reed v. Bowen the court ruled that the boy's
Fuglestad, Ventura County, Case No,102176; age was not a bar to his contributory negligence,
McQueen v. Butler, San Joaquin County, Case Likewise, in Illinois (Nelson v. Lewis, supra (1976) 35
No, 159230) , III App 3d 130, 344 NE 2d 268, Michigan (Palloni
v,
Smith, supra (1988) 431 Mich 871,429 NW 2d 593,
On the other hand, the few published Califor- and Arizona (Toney v, Bouthillier, supra (1981) 129
nia appellate cases where the issue of provocation was Ariz 402,631 P2d 557) courts have ruled that a child
reviewed, rulings have been for the plaintiff (crouch- can be found contributory negligent. However, in
ing over and petting a dog, Symthe v, Schacht, supra; California, if the victim is 7 years of age or younger,
(1949) 93 Cal App 2d 315, 209 P2d 114; reaching then a defense based on provocation may be inad-
down to pet a dog, Ellsworth v, Elite Dry Cleaners equate (Green v. Watts (1962) 210 Cal App, 3d 36,266
(1954) 127 Cal App 2d 479; feeding a dog, Burden v, Cal Rptr 734),
Globerson (1967) 252 Cal App 2d 468, 60 Cal Rptr
632). These rulings should not be interpreted as a Questions about provocation
dictum against the provocation as a defense under the
dog-bite statute, Instead, they indicate that the Ruling that the plaintiffs behavior was pro-
circumstances of the particular case under review did vocative appears to depend on whether the act could
not warrant ajudgment that provocation occurred. foreseeably elicit an aggressive response from the dog,
In the cases cited above, foreseeability appears
to be
o In contrast, rulings from appellate courts in the key element influencing a court's decision, The
other States have sided with the defense, A few question of foreseeability is essentially a question
examples follow: about animal behavior. It is here where the interests
of the applied animal behaviorist overlap with
that of
(a) Palloni v. Smith, (1988) 431 Mich 871, 429
(Continued on page 5)
37'
0 I Dog-Bite Statute Can't, I ~redation, or protection, In other cases, pain may be
mvolved, Animal behaviorists know that pain can
the attorney. The animal behaviorist is knowledgeable immediately trigger aggressive responding in a dog,
about the kinds of behavior from people that could Moreover, this type of reaction can readily be condi-
foresee ably elicit aggression in a dog, The attorney tioned to previously neutral features in the dog's
needs this knowledge to either support or refute the environment, such as a person, thereby causing the
notion of provocation, dog to respond with aggression to the person for no
apparent reason, This is what happened in the case
Certain questions need answering before con- of Pentz v. Zimenthal (1994, Alameda County Case
cluding that the dog's aggression was a foreseeable No. H-170261-9), The plaintiffwas awarded $290,000
event to the plaintiffs behavior, and hence provoca- at MSC for a bite that ripped off the right side of her
tive. They are discussed below, The relative weight nose, The dog did not know the plaintiff that well,
assigned to each in determining if provocation oc- She was a guest to the owner's home on Christmas
curred will vary from case-to-case. day, Earlier that day, the dog had experienced a
painful event caused by the defendant's foot acciden-
(a) What Did the Plaintiff Do to the Dog? tally hitting the dog when in very close proximity to
the plaintiff (the plaintiff was talking to the owner
What were the exact actions of the plaintiff who was seated in a chair next to the dog), The
towards the dog the moment the incident occurred? attack, which occurred several hours later, hap-
The behavior of the plaintiff hours or minutes prior to pened as the plaintiff started to bend down to pet the
the incident also needs to be assessed, Was the dog, The attack appeared unprovoked, However, it
reaction of the dog something one would have expected was probably the result ofthe earlier negative asso-
given the temperament or breed of the dog? Did the ciation the dog had formed towards the plaintiff,
dog overreact in response to the plaintiffs actions? Other common actions that could easily elicit
These questions reql!ire expert opinion from an animal
o behaviorist to be satisfactorily answered, The answer ~n ag?ressive re,action from a dog include quickly
to these questions also becomes extremely important ~nv~dmg the dog ~ personal space, kicking or bump-
if one becomes suspect of the plaintiffs testimony, mg mto the dog, mtentionally thwarting an ongoing
Frequently, however, such testimony cannot be di- activity in which the dog is engaged, and even an
rectly refuted because the plaintiff is the only witness, apparently innocuous act like hugging a dog. Not all
In a situation like this, behavioral reconstruction can ?og,s . react in a similar fashion, Each dog is an
be undertaken to determine if the dog was capable of mdIvIdual. The merits of arguing provocation in any
behaving in the manner consistent with what the case have to be decided on a case,by-case basis.
plaintiff says happened. A common example consists (b) What was the Temperament of the Dog Like?
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 Next, one needs to assess the temperament of
the dog jumped high enough to clear the top of the the dog, Differences exist among dogs in terms ofthe
fence with its snout, In order to substantiate this, and likelihood of reacting with aggression in response to
hence confirm the plaintiffs version, one has to as- interaction from a human. Some dogs have a hair-
sume that the dog in question has the ability to clear trigger response while others do not, Such indi-
the height of the fence and the desire to act protectively vidual differences might be due to genetic differences
aggressive, Further, in order for this to happen, the between breeds, internal changes caused by medical
dog must be large enough to extend its body far problems or the use of medications, or differing past
enough over the wall to reach the plaintiff, In those experience, Whether an act can be construed as
cases which I have reviewed which this supposedly provocation therefore depends, in part, on the his-
happened, I concluded that the dog was not physically tory of the dog and its hereditary make-up. As
or motivationally capable of doing wht the plaintiff stated, each case has to be evaluated individually,
claims it did, ~enerally: the arg.ument for provocation is stronger
If the dog m questIOn has a history of behaving non-
e Certain acts, whether they are intentional or aggressively and belongs to a breed not known for
not, have the potential of provoking a dog into a display their aggressive tendencies (e,g, poodles, Golden
of aggression (Polsky, Veterinary Practice Staff, retrievers, Labrador retrievers),
1990,Vol. 2. No, 2. pp. 37-39). Often the motivational
basis of a dog's aggression is one of dominance, fear, (continued on page 6)
~.
Dog Behavior & The Law 6 Spring, 1997
0 I Dog-Bite Statute, Can't, I vocative, The following factors have to be taken into
account: (a) The nature of the act by the plaintiff, (b)
the nature ofthe dog, and (c) the socio-environmental
(c) In What Context Did the Incident Occur? context in which the incident happened, In general.
Last, the context in which the incident the dog's aggression has to be an immediate response
to the plaintiff's actions, There should be no evidence
happened also needs to be carefully assessed, For of similar kinds aggression displayed by the dog in the
example, many dogs are more likely to respond past, Generally, the plaintiffs actions have to be ofthe
with aggression when they are in their own terri- kind that would inherently cause a dog to experience
tory, Certain kinds of aggression in a dog may be pain, become threatened, irritated or frightened, The
enhanced if the dog is habitually chained, ifit is in above mentioned factors interact with each other and
the presence of other dogs (e,g, mutual facilitation must be assessed on a case-by-case basis in order to
of aggression), if it is in the presence of the owner determine if the dog's reaction to the plaintiff actions
(e.g, protection of the owner). or if it is forced into was foreseeable or predictable, In my next newsletter,
a situation which it doesn't like (e,g, placed in an I will discuss behavioral aspects of the assumption of
examining room of a veterinary hospital). risk argument as it pertains to the dog bite statute,
In sum, from a behavioral perspective, cer-
tain criteria need to be considered before stating
with certainty that the plaintiffs actions were pro- D:J:J
~~f': '; 'h)::^,; :,;i' ,;0:):, ;'1:"/iJ >;5;'1)'+1";' f,: 'f/~;3tH,,:,jn~ i:::;;;:\,;:" ,:/{f+Y\I['0' :;Tp!},':; ;;t;;ji:> ;i~;J' d'i;~%;,;;;:ft,,:; ':: jc; :fi~;:;;:;' ;:r;;(,:
'lift"':;" f <; 'f,', _' ! _ ':' - :_ ->: ,f '::,I::)U;~; d{1:: ;:lgi;"lf;:,;Y,;;:::;::- )J:, I:: ; 'fX!f~ \11-::r:,rk1:6;-'J"j' :'b:;f( ~_;j;' 1<i!;ii:J:: ;'V f;;;?;'i/'QL'?j~,_t:,<,\
:, :,':, iA ifJOg::B{thav{oi:i;f<.ifl:tz,:'(3Q>f!,ista:inewslett,eriifQr,llttiJrney,f:I':,hii,baY<illilll,nterest in the law surtilllnlliJ!giRers,onaI4njui:Y,fallS~'RY, QiJgS,:TORiffi'QY'e
ed,:
:;ll~clif<!gsubiJjld[~e~',~t~:'C~~,~~~g,~~~J~~i~~~!l'~~~~:"lli~i;!~s~~a~'~~i~l~,diing:on the,~s~overY prOf~~ltJJ5~:!~t~'{"~~~~;~,~t\~~j~riJfMgs] ~~~;~~~ieS ~i
;;ab,outdog:behaYIQJ;:tha,! ba:Ye'~eleYaI\C~:lolssuesio,f:Jia.RlIIty'lll\d 'dam,ag~~l) dog-relat~d mJnry cas~,:<Nl,oRllllons !",p~essed~,1\ ~ljljil\~lYsletf;~r ar.eifh~senf';
i h-" ,"" ,r, ,,' ,<< ,--":C>,"~_-_n'_nw'_wA"_U ',- -":"~" ":;y,'''-':''- ""Job;>',T,- '_<; ",'"""""/+_,',,,n',HY->'i '0;'''',''; '~ne:>' 'w"P'."'/,' .'_,; -, _," _, in,'
_ - ,-' ", -'< ,_ M "'d"'''''' -,,-,', ,'," 'be. ,n')/i>J>' ,!,'",', -, i,_" i-"n"'n'" /" _, :'1,<</,> 8., y,,,;J;-.> '" _,
" :Richard,Polsky;''Ph;W1ThcY ,SlIo'!ldjiilt1be il\tel;R'i-'et'ed:'as'lega\jj"yalid:argum~nJs, Dog 'Behavior'~:7Ctze'L!!Ji!.Q:SSN# iIll/p!icdfiir)i,!s;puR!isIiOd:'llllirl,erlYi'
o!fillil~lE~~~
DOG BEHAVIOR & THE LAW
A newsletter for attorneys involved in dog-bite litigation
<G 1997 Richard H. Polsky, Ph.D., Publisher
ciNIMAL
EHAVIOR
COUNSELING
SERVICES, Inc.
2288 Manning Avenue Los Angeles, CA, 90064-2002 Addcess Corree';on Requested
(310) 474-3776 Fax (310) 475-2676 e-mail: abcs@westworld,com
31
" @
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304
MAIN (763) 755,5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
Will Neumeister, Community Development Directorw-L
FROM: Andy Cross, Associate Planner Aa:...
SUBJECT: Consider City Code Amendment/Title 11 Subdivision Regulations - Planning
DATE: September 18, 2007
INTRODUCTION
For the last six months, City staff has been revising the Subdivision Ordinance, the section of City Code
that determines the requirements and review criteria for new subdivisions, Much of the language dates
back to the original 1974 ordinance, so we have attempted to simplify the Subdivision Ordinance,
remove outdated material, and update it to conform to policies and regulations that are currently being
0 used, This report summarizes the issues identified as significant changes related to the Subdivision Code
update, The Planning Commission and the City Council have reviewed and commented on the changes
at two workshops,
DISCUSSION
Summary of proposed changes:
1. Park Dedication:
a, The methodology for figuring the cash payment or land contribution has been reworked to
follow State Statute. If a cash dedication is required, then the justification for the per-lot fee
must be based on a Park Study instead of 10% of the market value ofthe land,
b, Credit can now be given for certain park improvements made by developers'(previously missing
from code),
c, Formally establishing a trail fee for regional trails and referencing the Code's Fee Ordinance
(previously missing from code).
d. The City will collect money for regional trails and the developers will construct sidewalks and
internal trails (previously missing from code),
2. Required Improvements
a. Utilities: The revised subdivision ordinance will require developers to construct utilities to the
edge of the development, or at least into an easement that reaches the edge of the development.
Current Code does not require this, so some buildable tracts within the current sewer stage can
0 not begin to develop until others finish developing,
b. Intersection Improvements: The Code outlines a process for collection of funds for on- and
off-site intersection and roadway improvements,
c. Street Lights: The code will specifically state that the developer must install street lights,
d. Lot Splits: The Code now provides differentiation between the requirements for lot splits and
Q subdivisions,
e. Trunk Oversizing: Oversizing trunk utility lines may now be required following the City's
Development Guidelines for infrastructure costs.
f. Costs for Trunk Oversizing: Credit will be given to developers for oversizing trunk utility
lines as per current City policy,
g. Overhead Utilities: A section has been added that requires developers to bury existing
overhead lines as determined by staff review.
h. Dead or Diseased Trees: A section has been added to the Subdivision Code that requires
developers to remove all dead or diseased trees, Previously this requirement appeared in a
different section ofthe City Code,
3. Traffic Impact Study: This requirement has been added to the Code and will only be used on major
developments to determine what transportation improvements may be required,
4. Sketch Plan Process and Fee: An escrow is required whether the project moves forward or not.
5. Preliminary and Final Plat Application / Checklist: Lists of requirements for both preliminary
and final plats previously appeared within the Subdivision Code, They have been pulled out and
made into external documents that will be adopted annually, This will allow the checklists to be
updated quickly and easily and it also shortens the code (see attached checklists),
6. Time Between Meeting Dates (Title 11-2-2-B-6): This section creates processing and legal issues
and needed to be rewritten. Staff currently uses a "Meetings and Applications Deadlines" handout
that tells applicants when their items will move forward,
7. Major & Minor Collector Streets: Definitions based on traffic counts were added to differentiate
the two, Minor collectors would be permitted to have driveway access,
0 8. Sodding of County Rights-of-Way: The Subdivision Ordinance regulates the installation of
boulevard sod, Changes include sodding boulevard areas of both sides of double-frontage lots to the
property line.
9. Rural Street Widths: The City's policy for rural street construction has required a 3 I-foot width for
over five years, This, however, has never appeared in Code, This requirement has been added to the
Revised Subdivision Code,
10. Minimum Lot Frontage: The Code previously had no reference to required frontage, This has
been changed to require a minimum 50-foot frontage on a publicly dedicated street for all lots,
Please note that we have recommended many more small changes, These include small word changes in
the definitions, updating references to State Statute, and replacing other outdated or obsolete language.
Planning Commission Recommendation
The Planning Commission voted unanimously to recommend approval of the revised subdivision
ordinance as presented,
ACTION REOUESTED
The Council is asked to approve the revised Subdivision Ordinance and the attached Summary
Ordinance, In addition, please approve both the Preliminary and Final Plat Checklists,
R4~~d' Attachments
0 Revised Subdivision Ordinance
Preliminary Plat Checklist
Andy Cross Final Plat Checklist
Associate Planner Spreadsheet Summary of Code Revisions
Summary Ordinance
0
TITLE 11 REVISED
SUBDIVISION REGULATIONS
Subject Chapter
General Subdivision Provisions .....................,........... 1
0 Subdivision Plats And Procedures ..,.......................,.. 2
Design Standards ......."...........,.................................3
Required Improvements",..."".""",.,..."".",."..,..".." 4
0
1
0
CHAPTER 1
GENERAL SUBDIVISION PROVISIONS
SECTION:
11-1-1: Short Title
11-1-2: Interpretation, Scope And Application Of Provisions
11-1-3: Platting Authority
11-1-4: Definitions
11-1-5: Easements To Be Dedicated
11-1-6: Restrictions On Filing And Recording Conveyances
11-1-7: Restrictions On Issuance Of Permits
11-1-8: Previously Approved Plats Exempt
11-1-9: Variances
11-1-10: Enforcement And Penalty
0
11-1-1: SHORT TITLE: This title shall be known as the SUBDIVISION
ORDINANCE OF THE CITY and will be referred to herein as "this title".
(Amended Ord, 10,2-15-1972)
1
2 11-1-2: INTERPRETATION, SCOPE AND APPLICATION OF
3 PROVISIONS:
4 A. Interpretation And Scope: All land subdivisions within the city shall
5 equal or exceed the standards set forth in this title, The standards
6 established by this title are not intended to repeal, abrogate, annul or
7 impair private agreements or restrictive covenants, including state and
8 county regulations running with the land, which are equal to or more
9 restrictive than the standards hereby established; except, that the most
10 restrictive shall apply,
11 B, Application Of Provisions: The provisions of this title shall apply to all
12 Registered Land Surveys within the city, and the standards, regulations
13 and procedures hereof shall govern the subdivision of land by
14 Registered Land Survey, Building permits shall be withheld on tracts that
15 have been subdivided by unapproved Registered Land Surveys, and the
0 16 City shall decline to accept tracts as streets or roads or to improve,
17 repair or maintain such tracts within an unapproved Registered Land
18 Survey, (Amended Ord, 10,2-15-1972)
2
0 1
2 11-1-3: PLATTING AUTHORITY: The Council shall serve as the platting
.1-
3 authority in accordance with Minnesota La'....s of 1965, Chaptor 670 Minnesota
4 State Statutes Chapter 462.358. No plat, replat, subdivision of land or
5 Registered Land Survey shall be filed or accepted for filing by the County
6 Recorder unless it is accompanied by a certified copy of a resolution adopted by
7 the affirmative vote of a majority of the members of the Council approving such
8 plat, replat, subdivision of land or Registered Land Survey, (Amended Ord, 10, 2-
9 15-1972)
10
11 11-1-4: DEFINITIONS: For the purpose of this title, certain words and
12 terms are hereby defined as follows:
13 ALLEY: A public right-of-way which affords a secondary means of
14 access to abutting property. No alley shall be allowed,
15 ANDOVER
16 REVIEW
17 COMMITTEE
18 (ARC): Consists of a representative of the following departments:
0 19
20 Administration
21 Building
22 Engineering
23 Finance
24 Fire
25 PleRRiRS eRa Z8RiRS Community Development
26 Police/Public Works
27
28 BLOCK: An area of land within a subdivision that is entirely
29 bounded by streets, or by streets and the exterior
30 boundary or boundaries of the subdivision, or a
31 combination thereof with a stream or lake,
32
33 BOULEVARD: That portion of the street right-of-way between the curb
34 line or edae of street that has no curb and the
35 property line.
36 BUILDABLE LOTS: Lots that conform to the requirements of Section 11-3-6 of
37 this title,
0 38 BUTT LOT: A lot at the end of a block located between two (2) corner
39 lots,
3
0 1 CITY: Th City Administrator or his/her d sianee.
2 CITY COUNCIL: Council of the City of Andover.
3
4 COMPREHENSIVE
5 PLAN: Unless otherwise stated, it is the general plan for land use,
6 transportation, and community facilities prepared and
7 maintained adopted by the oommunity Planning and
8 Zoning Commission City Council.
9 DESIGN
10 STANDARDS: The specifications to landowners or subdividers for the
11 preparation of plats, both preliminary and final, indicating
12 among other things, the optimum, minimum or maximum
13 dimensions of such items as rights-of-way, blocks,
14 easements, lots, etc.
15
16 EASEMENT: A grant by a property owner for the use of a portion of
17 land for the express purpose of constructing and
18 maintaining streets. trails. slopes... ~ sidewalks. grade
19 transitions... ~ utilities, including, but not limited to,
20 electric and telephone lines, sanitary and storm sewer
21 lines, water lines. surface drainageways, cable TV, and
0 22 gas lines,
23
24 ENGINEER: Denotes the City Engineer unless otherwise stated,
25
26 FINAL PLAT: A drawing or map of a subdivision that meets all of the
27 requirements of the City and is in such form as meets state
28 and county requirements for purposes of recording.
29
30 GRADE, SLOPE
31 OR GRADIENT: The rate of vertical rise or drop from any fixed horizontal line
32 or point.
33
34 IMPROVEMENTS: The construction or installation of public or private utilities
35 including, but not limited to, potable water, sanitary sewer
36 systems, storm sewers, roads and other thoroughfares,
37 sidewalks, trails. curbs and gutters, paving, barricades,
38 trees and other plantings, lighting, fuel or energy and the
39 transmission thereof, transportation systems or facilities
40 connected therewith and communication systems which are
41 necessary, desirable or convenient in the maintenance of the
42 health, safety and the general welfare,
43
0 44 LOT: A parcel of land delineated upon and thereafter described by
45 reference to a plat, Registered Land Surveyor Auditor's
4
0 1 Subdivision, or other similar recorded dedicatory document.
2
3 MAINTENANCE
4 ACCESS: An access for the use of a portion of land and/or
5 easement for the express purpose of maintainina
6 municipal watermain. sanitary sewer. storm sewer. and
7 other municipal facilities.
8
9 OPEN SPACES: Areas set aside for the preservation of natural open spaces
10 to counteract the effects of urban congestion and
11 monotony.
12
13 OWNER: Any combination involving a person; firm; corporation,
14 including a foreign, domestic or nonprofit corporation; a
15 partnership, including a limited partnership; a trust; a
16 political subdivision of the state; or other legal entity or
17 business organization, having sufficient legal proprietary
18 interest in the land sought to be subdivided to commence
19 and maintain proceedings to subdivide the same under
20 this title,
21
22 PARKS AND
0 23 PLAYGROUNDS: Public lands and open space in the city dedicated for use
24 for recreation purposes,
25 .
26 P~g~STRIAN.1
27 TRAIL ~: A public er private right-of-way or easement within or across
28 a block or blocks to provide access for pedestrians and
29 multi-users which also may be used for underaround
30 public and private utilities,
31
32 PLANNING ANQ
33 Zg~II~IQ
34 COMMISSION: The Planning aRe ZeRiRlJ Commission of Andover,
35
36 PRELIMINARY
37 PLAT: The tentative drawing or chart indicating the proposed
38 layout of the subdivision to be submitted hereunder in
39 compliance with the Comprehensive Plan and those
40 regulations including required supporting data,
41
42 PROTECTIVE
43 COVENANTS: Contracts made between private parties as to the manner in
44 which land may be used, with the view of protecting and
0 45 preserving the physical and economic integrity of a given
46 area,
5
0 1
2 REQUIRED
3 PUBLIC
4 IMPROVEMENTS: Those improvements in any proposed subdivision,
5 including streets, water and sanitary sewer systems,
6 storm water drainage systems, sidewalks. trails. and
7 others which are required in connection with the approval
8 of any plat or other subdivision,
9
10 RIGHT-OF-WAY: TRe pl;lbliely 8'lme€! a~a bet\.'.reeA aeijaeeAt private
11 pr8peFt)' liAes '.wRiA tRe limits 8f a st~et, pe€!estriaA 'xal{,
12 8r tR8r8l;1gRfa~, A strip of land acauired bv dedication.
13 reservation. prescription or condemnation occupied or
14 intended to be occupied bv a street. sidewalk. trail.
15 snow storaae. traffic control sians and devices.
16 utilities and utilitv structures and drainaae. (Amended
17 Ord. 314. 10-4-2005)
18
19 SEASONAL
20 HIGH WATER
21 MARK: Is iA€!ieate€!by m8ttle€! s8ils 8r The elevation of mottled
22 soils or iFthe highest anticipated aroundwater table,
C 23
24 SKETCH PLAN: An informal drawing or sketch of the proposed development
25 submitted to the GIeFk City for consideration prior to
26 submittal of the preliminary plat.
27
28 STREET: A pl;lbliely 8'.vAe€! rigRt I;)f way aff8r€!iAg primary ae~ess by
29 pe€!estriaAs aA€! 'JeRieles '"'RetRer €!esigAate€! as a st~et,
30 hiSR"J:ay, th8F8wshfaF8, park\r:ay, FEJElS, 8"J8RW8, or RfiW:s"}Sr
31 8tAeJ\\'ise €!esigAate€!.
32 A public or private roadway intended to be used for the
33 passaae or travel bv vehicles. pedestrians; bicvclists
34 and related maintenance eauipment. (Amended Ord.
35 314. 10-4-2005)
36
37 Arterial Streets R8a€!s: The major traffic carriers feeding to the state highway
38 system. City arterials are comprised mostly of existing
39 county roads in the City as defined in the Comprehensive
40 Plan. Minimblm new aQQeES spacing shall be six hundred
41 sixty feet (660'),
42
43 MiRGF Local
44 Rural City
C 45 Street: A fldral r8a€!>Nay street located in the rural area that wAiGR
46 serves abutting properties and the local needs for a
6
0 1 neighborhood.
2
3 MiRGF Local
4 Urban City
~ Street: A street located in the urban area used primarily for access
6 to the abutting properties and the local needs for a
7 neighborhood.
8
9 Maior Collector
10 Street: Collector street with more than 2.500 averaae dailv trips
11 (ADT).
12
13 Minor Collector
14 Street: Collector street with 2.500 or fewer averaae dailv trips
15 (ADT).
16
17 Collector Streets: FoodoFS to the arterial roads as defined in tho
18 Comprehensh:e Plan or generally .....ith an ADT of one
19 thousand (1,000) or groater or a municipal state aid street for
20 the city. Minimum new access spacing shall be three
21 hundred thirt}' feet (330').
22
0 23 Cul-De-Sac: A street with only one outlet and having an appropriate
24 terminal for the safe and convenient reversal of traffic
25 movement.
26
27 Service Street
28 Or Ser\'iee Rea~: A street which is adjacent to a thoroughfare and which
29 provides access to abutting properties and protection from
30 through traffic.
31
32 Tl;:terelol!Jl;:tfares: .^. maiR rea~ er Iiillolblie l;:ti!JI;:t'.\'ay i~eRtifie~ as a mlolRieiliilal state
33 ai~ eelolRty, state, Br Btl;:ter limite~ aeeess l;:ti!JI;:t'/:ay.
34
35 STREET WIDTH: Tl;:te sl;:tertest ~istaRee beWJeeR the 191: liRes ~eliReatiR!J the
36 ri!Jl;:tt Bf 'Nay Bf a street. The distance between the back
37 of the curb to the back of the curb or from the edae of
38 pavement to edae of pavement if curbina does not
39 exist
40
41 SUBDIVIDER: Any person, firm or corporation having sufficient
42 proprietary interest in land in order to subdivide the same
43 under this title.
44
0 45 SUBDIVISION: The division of a tract of land into two (2) or more lots or
46 parcels of land for the purpose of transfer of ownership or
7
0 1 building development. The term includes resubdivision and,
2 when appropriate to the context, shall relate to the process
3 of subdividing or to the land subdivided.
4
5 TOPSOIL
6 BORROW: For general use as a turf growing medium shall meet the
7 requirements outlined in the most current MNDOT standard
8 specifications for construction and be in accordance with
9 MNDOT 3877 topsoil borrow or as approved by the City
10 Engineer. (Amended Ord. 10,2-15-1972; amd. 2003 Code;
11 Ord. 273, 9-2-2003)
12
13 TRAFFIC IMPACT
14 STUDY: A study of existina traffic and anticipated traffic
15 conditions with and without the traffic impacts of the
16 development. The study should include proposed
17 mitiaation of impacts and resultina traffic conditions.
18
19 11-1-5: EASEMENTS TO BE DEDICATED:
20
21 A. Dedication Of Easements: Tl;:te City sl;:tall reqlolif@ as a eeR~itieR at tl;)e
22 aliilliilfB\'al ef tl;)e IiilrelimiRary Iiillat the ~e~ieatieR Bf Final plats shall identify
0 23 and dedicate all easements for utilities, drainage, street rights-of-way,
24 surface water ponding and such other public uses as shall be found
25 necessary, convenient or desirable by the City to ensure the timely
26 extension of utilities to adjacent properties. Lots served by municipal
27 services shall have 5-foot drainaae and utilitv easements alona the
28 side lot lines and 10-foot drainaae and utilitv easements alona the
29 front and rear lot lines. Lots without municipal services shall have
30 10-foot drainaae and utilitv easements alona all property lines. fA
31 aeeemaRee witl;:t ~}(I;:tibit .^. at tl;:te Oe'lelBliilmeRt PBliey GloIi~eliRe a~eliilte~
32 by tl;:te Ci~' CelolReil aR~ eR file iR tl;:te Bffiee at tl;:te City Clerk. Easements
33 for trails and maintenance access will be dedicated on a separate
34 document.
35
36 B. Submission To City Council: Prior to the submission of a final plat,
37 Registered Land Surveyor land subdivision to the City Council for
38 approval, the subdivider shall fumish the City with all easements for
39 loItilities, ~raiRa!Je, street ri!Jl;:tts at '.\'aY, slolRaee 'fJQter liileR~iR!J, trails.
40 maintenance access. and such other public uses as shall be found to be
41 necessary, convenient or desirable by the City. Said easements shall be
42 in proper form for recording in the office of the County Recorder.
43 Duplicate certificates of title shall be made available for the filing of
44 easements on registered land. No final plat shall be approved by the City
0 45 Council until there has been full compliance with this section.
46
8
0 1 C. Necessity Qf Easement Determined: In the case where the land
2 subdivision is to be approved administratively and the city determines that
3 an easement is necessary as stated in this section, the City Council shall
4 act on the subdivision to determine the need and extent of the easement
5 to be dedicated. The subdivider shall furnish the City with all easements
6 found to be necessary by the City Council. (Amended Ord. 10,2-15-1972)
7
8 11-1-6: RESTRICTIONS ON FILING AND RECORDING CONVEYANCES:
9
10 A. Restrictions On Filing And Recording:
11
12 1. No conveyance of land to which these regulations are applicable shall
13 be filed or recorded if the land is described in the conveyance by metes
14 and bounds or by reference to an unapproved Registered Land Survey
15 made after April 21, 1961, or to an unapproved plat made after such
16 regulations became effective. This provision does not apply to a
17 conveyance if the land described:
18
19 a. Was a separate parcel of record April 1, 1945, or the date of
20 adoption of subdivision regulations under Laws 1945, Chapter 287,
21 whichever is the later, or of the adoption of subdivision regulations
22 pursuant to a home rule charter; or
0 23
24 b. Was the subject of a written agreement to convey entered into
25 prior to such time; (Amended Ord. 10,2-15-1972)
26
27 c. Was a separate parcel of not less than two and one-half (21/2)
28 acres in area and one hundred fifty feet (150') in width on January
29 1, 1966, or is a single parcel of land not less than five (5) acres in
30 area and having a width of not less than three hundred feet (300'),
31 and its conveyance does not result in the division of the parcel into
32 two (2) or more lots or parcels, anyone of which is less than five (5)
33 acres in area or three hundred feet (300') in width, except land that
34 is in the Rural Reserve area and is further restricted by the
35 subsection that follows; and except as allowed by City Code
36 Section 13-1. .
37
38 d. Is located in the Rural Reserve area (as designated in the
39 Andover Comprehensive Plan) and is residential or agricultural land
40 of not less than forty (40) acres or less than five hundred feet (500')
41 in width and its conveyance does not result in the division of the
42 parcel into two (2) or more lots or parcels, anyone of which is less
43 than forty (40) acres in area or five hundred feet (500') in width. The
44 following exception is allowed, excluding minor parcels that will not
0 45 allow for additional building units that will not impede future
46 development of the Rural Reserve upon approval of the City
9
0 1 Council. (Ord. 274,9-2-2003)
.2
3 e. When a property owner, either residential or commercial, wishes
4 to move interior lot lines and by doing so does not create any
5 additional buildable lots by moving said property lines, and the
6 moving of said property lines does not create any lot which is below
7 the standards for the applicable zoning district in which it lies, such
8 new property descriptions may be approved administratively by
9 tl;:te ZeRiR!J .^.€ImiRistratBr the City if the resulting configuration will
10 have no adverse effects on surrounding property. Should the
11 ZeRiR!J .^.~miRistratBr ~determine the moving of interior lot lines
12 may have an adverse effect on either adjoining property or may
13 circumvent other applicable zoning restrictions, the .^.~miRistrat@r
14 ~then shall require the request be processed iR tl;:te RBrmal
15 maRRer as a variance to this title by both the Planning aR~ ZBRiR!J
16 Commission and the City Council. Any lot so re-aligned shall be
17 accompanied by a certificate of survey.
18
19 B. Hardship: In any case in which compliance with the foregoing restrictions
20 will create an unnecessary hardship and failure to comply does not
21 interfere with the purpose of this title, the Council may waive such
22 compliance by adoption of a resolution to that effect. The conveyance may
0 23 then be filed or recorded.
24
25 C. Penalty: Any owner or agent of the owner of land who conveys a lot or
26 parcel in violation of the provisions of this section shall forfeit and pay to
27 the City a penalty of not less than one hundred dollars ($100.00) for
28 each lot or parcel so conveyed. The City may enjoin such conveyance or
29 may recover such penalty by a civil action in any court of competent
30 jurisdiction. (Amended Ord. 10,2-15-1972)
31
32 11-1-7: RESTRICTIONS ON ISSUANCE OF PERMITS:
33
34 A. Improvements: All electric. cable TV. telephone. communications
35 eauipment and gas distribution lines or piping, fBa~'lJays streets.
36 sidewalks/trails and other similar improyements shall be constructed
37 only BR a street within public riaht-of-way, er etl;:ter Iiillolblie ".\"ay er
38 easemeRt which is designated on an approved plat, or properly indicated
39 on the official map of the City, or which has otherwise been approved by
40 the Council. (Amended Ord. 10,2-15-1972)
41
42 B. Access: No permit for the erection of any building shall be issued unless
43 such building is to be located upon a parcel of land abutting a public
44 street right-of-way which has been accepted and is currently maintained
0 45 by the City, or which has otherwise been approved by the City Council.
46 This limitation on issuing permits shall not apply to Planned Unit
10
0 1 Developments approved by the City Council pursuant to Title 13, Chapter
2 3 of this code. (Amended Ord. 10,2-15-1972; amd. 2003 Code)
3
4 C. Limitations: No building permit shall be issued for the erection of any
5 building on any land conveyed in violation of the provisions of this title. No
6 permit shall be issued for the erection of any building on any tract of land
7 described by metes and bounds and consisting of less than five (5) acres
8 and having a width of less than three hundred feet (300'). (Amended Ord.
9 10,2-15-1972)
10
11 11 1 g: PR~\/lgIJSbY APPROV~O PlP.TS ~X~MPT: AllliilrelimiRal)' Br
12 fiRalliillats, Re!Jistere~ laR~ SloIrveys, er Btl;)er slolb~i'/isiBRS Bf laR~ aliilliilmve~ by
13 tl;:te City CelolReil bldt RBt file~ '!litl;:t tl;)e CBloIRty ReeBmer loIR~er IiilreviBloIs
14 emiRaRees sl;:tall RBt be slolbjeet te reqloliremeRts ef tl;)is title, fer tl;:te time j;lefiB~s
15 set B\;/t iR MiRResBta StaMes 162.J59 Slolb~. J e. IiilrB'Ji~e~ siili~ slolb~i':isiBR is
16 file~ witl;:tiR she (6) mBRtl;)s Bf tl;:te effeeti\'e ~ate Bf tf;!is title.
17
18 11-1-9: VARIANCES:
19
20 A. Hardship: The Council may grant a variance from the requirements of this
21 title as to specific tracts of land where it is shown that by reason of
22 topography or other physical conditions strict compliance with these
0 23 requirements could cause an exceptional and undue hardship to the
24 enjoyment of a substantial property right; provided, that a variance may
25 be granted only if the variance does not adversely affect the adjacent
26 property owners and Comprehensive Development Plan or the spirit and
27 intent of this title.
28
29 B. Procedure: Written application for a variance shall be filed with the Clerk,
30 and shall state fully all facts relied upon by the applicant. The application
31 shall be supplemented with maps, plans or other data that may aid in an
32 analysis of the matter. The application shall be referred to the Planning
33 aR~ ZBRiR!J Commission for its recommendation and report to the Council.
34
35 C. Council Action: No variance shall be granted by the Council unless it shall
36 have received the affirmative vote of a majority of the full Council.
37 (Amended Ord. 10,2-15-1972)
38
39 11-1-10: ENFORCEMENT AND PENALTY:
40
41 A. Unless approved as a final plat as provided herein, no slolb~h:isieR plat
42 shall be entitled to record in the County Recorder's office or have any
43 validity, and the City shall not issue building permits for any structure on a
44 lot in any proposed subdivision. The City shall not permit any public
0 45 improvements to be installed unless the preliminary plat is approved and
46 sl;)all Ret Iiilermit ii1RY sep'iees loIRtil aliilliilfBval Bf tl;:te fiRalliillat ii1R~ f@eBmiR!J
11
0 1 Bf same the D v lopment Guid lines for publicly or privately install d
2 infrastructure improvem nt reauirem nts hav b n met.
3
4 B. Any firm, person, or corporation who violates any of the provisions of
5 these regulations, Br whe sells, leases, Br Bfmrs fer sale Br lease aRY IBt,
6 blBek er traet Bf laR~ !;lereiR re!JloIlate~ befef@ all t!;le reqloliremeRts Bf t!;lese
7 re!JloIlatiBRs !;la'Je beeR eBmliillie~ \'m!;l, shall be charaed with !JloIilty ef a
8 misdemeanor and, upon conviction thereof, shall be punished as defined
9 by state law. ~ae!;l ~ay t!;lat a 'JiBliltiBR is Iiilermitte~ te exist s!;lall eeRstitlolte
10 a seliilarate effeRse.
11
12 C. The platting, replatting, subdividing or conveyance of land not in
13 accordance with the requirements of this title may be enforced by
14 mandamus, injunction, or any other appropriate remedy in any court of
15 competent jurisdiction. (Amended Ord. 10,2-15-1972)
16
16
0
0
12
0 1 CHAPTER 2
2
3 SUBDIVISION PLATS AND PROCEDURES
4
5 SECTION:
6
7 11-2-1: Sketch Plan
8 11-2-2: Preliminary Plat
9 11-2-3: Final Plat
10
11 11-2-1: SKETCH PLAN:
12
13 A. Skete!;l PlaR AloIt!;lefize~ Procedure: Prior to platting any tract of land, the
14 subdivider may prepare a subdivision sketch plan for review and
15 comment by the Andover Review Committee (ARC), Planning and
16 ZBRiR!J Commission and the City Council. A public hearina by the
17 Plannina Commission shall be held in accordance with Chapter 12-
18 14-8. SloIe!;l sketel;) IiillaR ".vill be eQRsi~ere~ as !;laviR!J beeR slolbmitte~ fBr
19 revie':' aR~ ~iselolssiBR beWi:eeR the slolb~i"/i~er aR~ t!;le AR~B\ler Re":ie'.v
20 Cemmittee (P.Re), PlaRRiR!J aR~ .lBRiR!J CemmissiBR aR~ tl;)e Citr
21 CBloIReil. Ne A Sketch Plan Fee fee shall be required of the subdivider for
22 the submission of a sketch plan. HCY....e'Jer, Any review time by the ARC
0 23 shall be billed towards the subdivider. project, provided the project
24 continues beyond the sketch plan phase to tho review of the pr-oliminary
25 plat-
26
27 B. Compliance With City Provisions; Modifications: On the basis of the
28 subdivision sketch plan, the ARC, Planning aR~ ZeRiR!J Commission and
29 the City Council will advise the subdivider of the extent to which the plan
30 conforms to the Comprehensive Plan, design standards of this title and to
31 other ordinances of the city, county, and state. There will be discussion on
32 possible modification necessary to secure approval of the plan. (Amended
33 Ord. 10,2-15-1972; amd. 2003 Code)
34
35 C. PrQGe~loIre FBr Submission And Review: The sketch plan shall be
36 submitted and reviewed in accordance with the following procedures:
37
38 1. The applicant shall submit a Sketch Plan Review fee as defined in
39 the Fee Schedule adopted by Ordinance by the City Council.
40
41 ~~. The subdivider shall submit ten (10) copies of the sketch plan to the
42 City Community Dovelopment Dir-octor for review by the Andover Review
43 Committee (ARC). The ARC shall review and comment on the sketch plan
44 within ten (10) days of the submittal by the subdivider.
0 45
46 ~_ UIiilBR .\RC revie'l: aR~ eBmmeRt, tl;:te skete!;l IiillaR s!;lall be IiillaGe~ BR t!;le
13
0 1 ReJA: a\'ailable a!JeR~a Bf t!;le PlaRRiR!J aR~ ZBRiR!J CemmissiBR, blolt Re
2 SBBRer t!;laR teR (1Q) ~ays after beiR!J re\"ie\Ve~ by t!;le ARC. ne PlaRRiR!J
3 CBmmissisR s!;lalll;)el~ a PloIblie HeaRR!J iR aeeBmaRee '/Jit!;l C!;laliilter 12 Hi
4 1 <I 8 befere fevie...J by t!;le City CBloIReil.
5
6 3. After the public hearina and the Ypen Planning Commission review
7 and comment, the sketch plan shall be placed on the next available City
8 Council agenda for Council review and comment, blolt RS SBBRer tl;)aR
9 teR (1Q) ~ays after beiR!J re'Jie'.ve~ by tl;)e PlaRRiR!J aR~ ZBRiR!J
10 CBmmissieR. (/\meR~e~ Om. 31<1, 1Q <I 2QQ5)
11
12 D. Required Information: The subdivider shall provide the information as
13 listed on the Sketch Plan application. ne slolb~i':i~er sl;)allliilm':i~e t!;le
14 feIlB'>>iR!J miRimlolm iRfermatiBR:
15
16 1. Site IBeati8R.
17
18 2. .^. skete!;l Bf tl;)e site s!;lB//:iR!J its !JeReral sl;)aliile aR~ leeatiBR Bf '/i.'etlaR~s,
19 fereste~ areas, IiilmliilBse~ liileR~iR!J IBeatiBRs, alijaeeRt ma~':JaYs, mlolRieiliilal
20 state ai~ ~esi!JRati8Rs, wateFl/lays, existiR!J blolil~iR!JS aR~ aRY 8t!;ler
21 sigRifieaRt featlolres at t!;le imme~iat@ area.
22
0 23 3. TYliile Bf ~eveleliilmeRt IiilmIiilBse~.
24
25 <I. A IiilrelimiRa'1' ma~ laYBloIt aR~ IBt aR'QR!JemeRt iR~ieatiR!J miRimlolm
26 Iiilfeliilese~ let size.
27
28 5. .l\eFia11iil!;lBtB (mBst e~meRij \'Jit!;l t!;le sketel;) IiillaR e'JeRay.
29
30 E. Additional Requirements: The subdivider GaR shall be required to
31 show adjacent property and any other property as determined
32 necessary for proper review as required by the ARC, Planning aM
33 ZBRiR!J Commission, and City Council. (Amended Ord. 10,2-15-1972)
34
35 11-2-2: PRELIMINARY PLAT:
36
37 A. Minimum Lot Size: There shall be no conveyance of land described by
38 metes and bounds if the conveyance is less than five (5) acres in area and
39 three hundred feet (300') in width: except as allowed by City Code
40 Section 13-1.
41
42 B. Procedure: Prior to platting and subdividing any tract of land into twG
43 (2) Br mBre IBts more than two lots, the following procedures shall be
44 followed:
0 45
46 1. ARC Review:
14
0 1
2 a. UIiilBR GBmliilletiBR 8f tl;)e skete!;l IiillaR re'Jie'" IiilfBeess as Iiilre':i~e~
3 iR SeetiBR 11 :2 1 at tI:lis e!;laliilter:, tl;)e The subdivider shall file ten
4 (10) copies of the preliminary plat with the City CBmmlolRity
5 Oe\'el8liilmeRt OireetBr for review by the Andover Review
6 Committee. ~JB IiilrelimiRary Iiillat s!;lall be file~ Br slolbmitte~ fer .^.RC
7 re':ie'.v t!;lat !;las RBt e8mliillete~ t!;le skete!;l IiillaR re'Jiev: Iiilmeess.
8
9 b. The Andover Review Committee shall review preliminarv plat
10 submissions pursuant to Minnesota State Statutes and the
11 City Code. "'ill f@':ie":: t!;le Iiillat v:it!;l t!;le ~e':eleliiler te eRSlolRil it is
12 eemliillete iR aeG8maRee ":Jit!;l City emiRaRees. "f,!;le .^.RC 'f:i11 reliilly
13 tyit!;liR tl:lir;tl,' (~O) ~ays at tl:le slolbmittal as tB ".v!;let!;ler t!;le Iiillat is Br is
14 RBt e8mliillete. If t!;le Iiillat is felolR~ te be iReBmliillete, t!;le Iiilmee~loIre
15 state~ iR SloIbseetieR Q1a att!;lis SeetiBR s!;lall eBRtiRloIe loIRtil slole!;l
16 time as tl;)e Iiillat is felolR~ tB be eBmliillete. If t!;le Iiillat is feMR~ te be iR
17 GemliilliaRee ".vit!;l City BmiRaRees by tl:le .^.R~e'Jer Reviev:
18 Cemmitt@e, t!;le CemmlolRit:J' 081JeleliilmeRt OireGter will ferv:am a
19 IiilrelimiRaF}' Iiillat aliilliillieatieR tB t!;le slolb~i':i~er fBr slolbmittal tB t!;le City
20 Clerk. ~JB iReBmliillete IiilrelimiRaF}' Iiillat aliilliillieatieR will be aeGeliilte~
21 by tl;)e City Clerk. Tl;)e Slolb~i\'i~er eaR aliilliileal it8ms at eBRteRtieR tB
22 t!;le City CelolRGil. VariaRee reqlolests s!;lall be i~eRtifie~ aR~
C 23 IiilmGeSSe~ as BlsItliRe~ iR SeetiBR 11 1 9 Bf tl;)is title. (J\meR~e~ Om.
24 10,:2 15 1912)
25
26 2. Fee: At the time of the filing of the preliminary plat, the subdivider shall
27 pay a preliminarv plat fee as defined in the Fee Schedule adopted by
28 Ordinance by the City Council. te tl;)e Gity a fee as set by Title 1,
29 C!;laliilter 7 at t!;lis e8~e. fer Iiillats iR':el':iR!J resi~eRtiall91:s BRly, a fee as
30 set by Title 1, C!;laliilter 7 Bf t!;lis eB~e fer Iiillats iR':BI':iR!J et!;ler t!;laR
31 resi~eRtiaIIBts, Iiilllols a f€e s8t by Title 1, C!;laliilter 7 Bf tl;)is GB~e fBr eae!;l
32 aGre at laR~ iR allliilrelimiRal)' Iiillats. (AmeR~e~ Of~. 10, :2 15 1972; am~.
33 :2gg~ CB~e)
34
35 ~. OistribloltiBR Of Celiilies: T!;le Clerk s!;lall reeei':e teR (10) G8pies iR
36 a~~itiBR tB t!;lBse reqloleste~ loIR~er SloIbseetiBR Q1 a Bf t!;lis seetiBR aR~ refer
37 Se"JeR (7) eBliilies Bf t!;le IiilfelimiRaFj' Iiillat te tI:le PlaRRiR!J aR~ Z8RiR!J
38 CBmmissiBR aR~ eRe GBIiilY te t!;le ~R!JiReer.
39
40 <1. ~R!JiReer's ReIiilBR: T!;le ~R!JiReer s!;lall slolbmit a \'JfitteR reliileR tB t!;le
41 PlaRRiR!J aR~ ZBRiR!J CBmmissi8R, \'J!;lie!;l s!;lall ~eal 'xit!;l ~raiRa!Je, streets,
42 aR~ Bt!;ler eR!JiReeriR!J matteJi'S liileRiReRt tB sai~ IiilrelimiRary Iiillat. Sai~
43 feliilBR s!;lall be slolbmitte~ tB tl;)e PlaRRiR!J aR~ Z8RiRg CBmmissieR IiilriBr t8
44 t!;le Iiillolblie !;leafiR!J Iiilresefibe~ iR SloIbseetiBR Q5 8f t!;lis seetiBR.
0 45
46 3. R auired Data: Preliminarv plat applications shall not b
15
0 1 consid red complete until the reauirements listed on th Preliminarv
2 Plat Checklist have be n met Th Preliminarv Plat Checklist is n
3 file with the City,
4
5 4, The City staff shall submit a written report to the Plannina
6 Commission. which shall deal with drainaae, streets, and other
7 plannina and enaineerina matters pertinent to said preliminarv plat.
8 Said report shall be submitted to the Plannina Commission prior to
9 the public hearina prescribed in this section.
10
11 ~5. PlaRRiR!J .^.R~ ZBRiR!J CBmmissiBR HeariR!J Public Hearina
12 Process: Public Hearinas shall be held pursuant to Minnesota State
13 Statute 462,358 and ne PlaRRiR~ CBmmissiBR sl;:talll;:tBI~ a Iiillolblie
14 l;)eafiR!J eR tl;)e IiilrelimiRary Iiillat ':!itl;:tiR sixty (SQ) ~ays after sai~ GBmliillete
15 IiilrelimiRaF)' Iiillat aR~ eBmliil1etealiil1iil1ieatiBR are file~ '.\'itl;:t tl;:te Clerk. Tl;:te
16 PloIblie HeariR!J sRall be I;)el~ according to Cl;:taliilter City Code Title 12 -14
17 ~ -8. At said hearing, all persons interested in the plat shall be heard.
18 (Amended Ord. 314, 10-4-2005)
19
20 6. Council Action:
21
22 a. After the Plannina Commission acts on the preliminarv plat.
0 23 the Council shall approve, disapprove. or modify the
24 preliminarv plat. The date of the meetina shall be at the
25 discretion of the City and in adherence to the 120-DaY Rule as
26 defined in Minnesota State Statute 462.358 Subd. 3b. l'.fter tl;)e
27 CelolReil reGei\'es tl;)e feliileR Bf tl;:te PlaARiR~ aR~ ZeRiR!J
28 CemmissiBR, tl;:te CBloIReil, at its Reld: re!JloIlar sel;:te~loIle~ meetiR!J,
29 sl;:tall aEll: tB aliilliilrB'Je er ~isaliilliilfBve tl;)e IiilrelimiRary Iiillat. Tl;:te reliilBR
30 Bf tl;:te PlaRRiR!J aR~ ZBRiR!J CBmmissieR sl;:tall be Iiillaee~ BR tl;:te
31 a!JeR~a Bf tl;:te Ci~' CelolRGil iR tl;:te feIlBt'liR!J maRRer:
32
33 (1) ReeBmmeR~atieRs fr.em tl;:te PlaRRiR!J aR~ ZeRiR!J
34 CemmissiBR meetiR!J I;:tel~ BR tl;:te seeBR~ TloIes~ay sl;:tall be
35 Iiillaee~ eR tl;:te a!JeR~a ef tl;)e Ci~' CelolReil at tl;:te first TloIes~ay
36 meetiR!J Bf the fBIIBt\'iR!J mBRtl;:t.
37
38 (2) ReGBmmeR~atiBRs fmm tl;:te PlaRRiR!J aR~ Z~miR!J
39 CemmissiBR meetiR!J I;)el~ eR tl;:te felolRI;:t TlsIes~ay sRall be
40 Iiillaee~ eR tl;:te a!JeR~a at tl;:te Ci~' CBloIReil at the tl;:tir~
41 TloIes~ay meetiR~ Bf tl;:te feIlB':JiR!J meRtl;:t, loIRless tl;:tere are
42 fi':e (5) Tues~ays iR tl;)e !Ji"eR mBRtl;:t fmm wl;:tiel;) tl;:te
43 reeBmmeR~atiBR ef tl;:te PlaRRiR!J aR~ ZBRiR!J CBmmissieR is
44 . ma~e, iR ':Jl;:tiel;:t Gase, tI:le reeBmmeR~atiBR sl;:tall be Iiillaee~
0 45 BR tl;)e a!JeR~a Bf tl;:te City CBloIReil at tl;:te first TloIes~ay
46 meetiR!J Bf tl;)e feJlev:iR!J mBRtR.
16
0 1
2 b. If the Council should deny sl;:tall ~isaliilliilm\'e the plat, the
3 grounds for any such ~isaliilliilrB':al denial shall be set forth in the
4 proceedings of the Council and reported to the subdivider within
5 fourteen (14) days thereafter.
6
7 c. Approval of a preliminary plat by the Council is tentative only,
8 subject to the compliance with all requirements and
9 recommendations in the preliminarv plat resolution as a basis
10 for preparation of the final plat.
11
12 6,=7. Petition To Rezone: At the time of the filing of the preliminary plat,
13 the subdivider shall submit to the GIeFk City a petition for rezoning to the
14 proposed future use of said land if the land is not already so zoned. The
15 owner of said land shall join in said petition.
16
17 8. Approval Of Engineoring Factors: Subsoquent approval by the Council
18 shall be required of all ongineering considerations pr.esonted in the
19 pr-oliminary plat which incll:Jde, but which shall not be limited to,
20 easoments, 'N3ter supply, SSJIJ3go disposal, storm drainage, surface '.vater
21 storage, gas and electric services, road gradients and widths, and the
22 surfacing of streots, prior to tho appro'/al of the final plat by the Council.
0 23
24 Q. Time limit QR AetiBRS: .^.fter a eemliillete~ aliilliillieatieR I;:tas beeR
25 slolbmitte~, tl;)e City CelolReil sl;)all fellew tl;:te ~ea~liRe fer resliilBRse as
26 BloItliRe~ iR Minne80ta State StaMe Hi.QQ. (AmeR~e~ Or~. 31<1, 1Q <I (5)
27
28 C. PrelimiRa~' Plat Sel;:te~loIle: PrelimiRa~' Iiillats sl;:tall Be file~ iR aeeemaRee
29 ':Jitl;:t tl;)e sel;)e~loIle a~Bliilte~ iR tl;:te geveleliilmeRt Peliey GloIi~eliRes.
30 (/\meR~e~ Om. 1Q, :2 15 1Qn)
31
32 O. Reqlolire~ PrelimiRal)' Plat Data: It shall bo a condition to the acceptance
33 of a preliminary plat application filed 'Nith the Clerk that said plat shall
34 incll:Jde tho data required hereundor. The preliminary plat shall be
35 sl:Jbmitted in accordance '/lith Sl:Jbsection B of this section.
36
37 1. Idontification And Description:
38
39 a. Proposed name of subdivision, '.vhich name shall not dl:Jplicato
40 nor be alike in pronunciation to the name of any plat her-otofore
41 recorded in the cOl:Jnty. (Amonded Ord. 10, 2 15 1972; amd. 2003
42 Code)
43
44 b. Fl:Jlllogal description of tho land invol'/ed in the plat.
0 45
46 c. Names and addresses of the ownor and subdividor of tho land,
17
he subdivider is not
un'eyor of the plat. If t bmit the written
0 1 an. the .eGign; ::~a~..~ the SUbOiVid:~~:~~i::'inary plat.
the fee _.r "'TI.r to th. fihng . .
2 consenl of 'he fee 0.. . h to fll'ly feo! (1" _ ~O ).
3 aller than one InC
4 d. Graphic scale of not sm
5 s s true north.
6 . t designate a
e. North pOIn ,
7 I. Date of prepa""ion. rtifi;ng to """uraoy
8
9 . Land SUlV<lyor ce T
10 Certification by Roglstered
11 g.
of survey.
12
13 2 E><i6ling C.nd~ions: d .islanGOB a..
14 . s' !'l measure
a. All boundary line SU~':~~:~~e I~earest quarter section or
15
16 les n'hich shall be
ang ,"
17 tion Iino by traverse.
18 sec t 0 ~ acre
I t d to tho neares. .
19 e Galcu a e .
b. Total acreag , d in and within three
20 . assifications for tract of Ian
21 c. Existing ZO~~~I)lof the preliminary plat. .
22 hun."'" leel ( -.. .... other
0 23 mes of existing or platted s ermanent buildings
24 · lasation an. na ul>lio apen spaGOs. p nisi oIl>.undary
25 p~l>lio ways. part<e :~~::.... anO seetion an. ~u~.~ feet (1001
26 and structur.os, eas d to a distance of one
27 lines '....ithin the plat ~n s 10 2 15 1972)
28 (^ eAsed r. ,
l>eyeno. . ,m..m. I or a raplal of any .
29 .. 'Iat is a rearrangemen f the original plat, Its
30 e. fithe prehm~~a'U'~n.I>IOGk anangORlant;",ys ""alll>e sh.'IIn
31 re..",.. plat, ..011 reviee<l or....GOtoll ;;:,~. ~m.. 2003 Co..)
32 original name, an ded Crd 10, 2 15 1 ,
33 . {Amen .
By d_ hn.. .. , . lu.ing typ. of
34 . th of existing str.eets (lnC mains storm se'/JOFs,
35 I. loealion ""~ "::s sanitary ......"'. w:ar gra."; in....rt
36 surfooing). ra, re .1oeM.. oablo1V. sulve "'nhol"; and hydrenle
37 gas, telephone, f ns of catch baSinS, m t d to a distance of
38 olevations and loca I~ f cilities 'A<ithin the pia an
39 , Aser.gFOun a
and an:y U 00') beyond.
40 an. hund"'" loot (1 I (1001 e1lho lfasl
41 . /:umdred fee
. find within ono n. thereof, Obit
42 g. Boundary hnhes ~atO and the n..... 01 th.,o,":~r By the subdivi.er
43 of land '....Ithln t e. p 's land o'Nfled or con ro
44 inclblding all contlgblobl osed to be platted.
0 45 or Q',vner of the tract prop
46
18
0 1
2 h. Topographic data, including contours at vertical intervals of not
3 more than a\,? feet (2'); oxcept, that where the horizontal contour
4 interval is one hundrod feet (100') or more, a ono foot (1') vertical
5 interval shall be shO'.'m. 'Natorcourses, lakes, marshes, woodod
6 areas, rock outcrops, drainage tile, and other significant physical
7 features shall be sho\"m. U.S. goodetic survey datum shall be usod
8 for all topographic mapping '....horo a':ailable.
9
10 i. A copy of the restrictivo cO'Jenants, if any, concerning the
11 property being platted.
12
13 j. Soils.
14
15 k. Sl:-Jch other data as may be r.oquested by the Engineer.
16
17 3. Design Features:
18
19 a. Layout of proposed streots, sho'Ning right of way 'Nidths and
20 proposed names of streets. The name of any streot heretofore usod
21 in tho city or its on'lirons shall not be used, unless the proposed
22 street is an extension of an already named street, in which e':ent,
0 23 said name shall be used.
24
25 b. Locations and widths of pedestrianv.'aYS and utility easements.
26
27 c. Profiles of existing and proposed centerline grados of streets,
28 storm sewers, drainage ditches and cl:-Jlverts; also sanitary se'l;ers
29 and '....ater mains '....here FOl:Iuired by the platting authority.
30
31 d. An o':erall grading/drainage/erosion control plan shO'Ning existing
32 contours at two foot (2') intervals in dashed lines and proposed
33 contours in heavier solid linos. Minimum basement floor elevations
34 of all proposed buildings shall be shown. Maximum slopo areas
35 shall bo four to ono (1: 1) or as approved by the City Engineer. On
36 urban plats, each lot shall show proposed elevations at all lot
37 corners and intermediate proposed ele':ations along all lot linos or
38 any additional location as deomed necessary by the Engineer and
39 shall be submitted and accepted by the city prior to the issuance of
40 building permits.
41
42 e. ,^, Tree Protection Plan shall be rel:luir.od shO'Ning all information
43 as defined by the Tree Preser....ation Policy as adoptod by the City
44 COl:-Jncil and on file in the City Clerk's offico\
0 45
1 See Title 4, chapter 3 of this code.
19
0 1 f. Layouts of lots and blocks with numbers of oach, square footage
2 of lots and lot dimensions scaled to the noar-ost foot.
3
4 g. Areas, other than streets, pedestrianlfJays and utility easements,
5 intended to bo dedicated or reserved for public use, including the
6 size of such areas.
7
8 h. Minimum front and side yar-d building setback lines as r-oquired
9 by the zoning ordinance of tho citl~
10
11 L Proposed method of disposing of surf-aoo 'Nater drainage ',...ithin
12 and beyond the limits of the plat.
13
14 j. Whenever a portion of a tract of land is proposed for subdividing
15 and said tract is large enough or is intended for future subdivision,
16 a plan for the futl:Jr-o subdivision of the entire tract shall be
17 submitted to the Planning and Zoning Commission. Such futur-o
18 subdivision shall include: proposod lots, road easements for cross
19 streets, utilit}' easements, and such other data as required for futur-e
20 subdivisions. When an individual applios for a building permit on
21 such a lot, he shall submit a scaled site plan shO'.':ing tho location of
22 the proposed structure on tho lot so that it will be locatod in
0 23 conformance with tho proposed resubdi'/ision street pattorns. The
24 homo shall be placed so that it 'NiII not be in conflict .....ith the
25 proposed street pattem of said resl:Jbdivision.
26
27 k. The Andover Revie..... Committee shall re'.'ie'N all re':isions to the
28 preliminary plat. If the revision is significant, it v:i11 be fo"....ardod to
29 the Planning and Zoning Commission and/or the City Council for
30 revie'.Y.
31
32 4. /\dditionallntormation To Be Furnished:
33
34 a. Statement of proposed use of lots, Le., '.vhethor residential,
35 commercial, industrial or combination thereof. If residential, state
36 t,'po and number of d\'.-elling units. Furnish sl:Jfficient details for all
37 types of usage in order to r-o>.'eal tho effect of the subdivision
38 development on traffic, fire protection and donsity of population.
39
40 b. SOLJrce of '.vater supply.
41
42 c. Facilities for sewage disposal.
43
44 d. If zoning changes ore contemplated, the proposed zoning plan
0 45 for the area.
2 See title 12, chapter 5 of this code.
20
0 1
2 e. In areas affeotod by inadequate surface drainage or subjected to
3 periodic flooding, furnish proposals dosigned to make the aFOa safe
4 fOr occupancy ami to pro\'ide for adeql:Jato street and lot drainage.
5
6 f. Floodplain management area boundaries for Coon Creek, Cedar
7 Creek, and the Rum River.
8
9 g. Pr-oposals for street lighting, curb, gl:Jtter, side'...<alks and
10 boula\'ard impr.o\'ements.
11
12 h. Sl:Jch other information as shall be r.eql:Jestod by the Planning
13 and Zoning Commission or Engineer.
14
15 i. A location map showing the plat location in the city. The location
16 map shall have an approximato scale botween ono inch eql:Jals one
17 thousand five hl:JndfOd feet (1" - 1, 500') and one inch eql:Jals two
18 thmJsand feet (1" - 2,000') and shall DO of sufficient size to locate
19 the plat relative to the nearest county road'Nays. The location map
20 shall sho'.... the proposed street layout and the layol:Jt of all existing
21 streets platted or unplattod, within one half (1.'2) mile of the
22 proposed plat. The stroots and roadways shall be labeled with their
0 23 proposod or existing names. Adjacent platted areas shall be
24 labeled with their plat name.
25
26 j. The preliminary plat shall show the number of linear mad milos
27 within tho plat.
28
29 k. The preliminary plat shall show tho location of all "area
30 identification" signs. Conditional Use Permit for area identification
31 signs shall be applied for in conjunction "'lith the proliminary plat in
32 accordance '....ith the zoning ordinance~. (J\mended Ord. 10, 2 15
33 ~
34
35 11-2-3: FINAL PLAT:
36
37 A. Procedure: Prior to Council approval of a final plat, the following
38 procedures shall be followed:
39
40 1. Application: The Final Plat Fee shall be paid at the time of Final
41 Plat Application, The fee is determined by the Fee Ordinance
42 adopted by the City Council.
43
44 2A.Filing of Final Plat: Within one year following approval of the
0 45 preliminary plat, unless an extension of time is requested in writing by the
1 See section 12-15-6 of this code.
21
0 1 subdivider and granted by the Council, the subdivider shall file seven (7)
2 copies of the final plat with the Ci~ GIerk and shall pay a filing fee
3 tl;:terefere as set f9RR by ordinance . The final plat shall incorporate all
4 changes required by the Council, and in all other respects, it shall conform
5 to the preliminary plat as approved. If the final plat is not filed within one
6 year following approval of the preliminary plat, the approval of the
7 preliminary plat shall be considered void. unless an extension is apPIi d
8 for and aranted by the Council.
9
10 3. Plat Phasina: The final plat may constitute only that portion of the
11 preliminary plat which the subdivider proposes to record and develop at
12 that time; provided, that such portion shall conform to all requirements of
13 this title, and provided further, that the remaining portions of the
14 preliminary plat not proposed to be recorded, developed and submitted as
15 a final plat, or granted an extension, shall be subject to the right of the City
16 to adopt new or revised platting and subdivision regulations. as provided
17 in Minnesota State Statute 462.358 Subdivision 3c. (Amended Ord. 10,
18 2-15-1972; amd. 2003 Code)
19
20 4 ~. Filing Of Plat And Abstract: At the time of filing the final plat with the
21 City GIerk, the subdivider shall also file with the City GIerk an abstract of
22 title or registered property abstract, certified to date, evidencing ownership
0 23 of the premises involved in the plat.
24
25 5. Reauired Final Plat Data: Final Plat applications shall not be
26 considered complete until the requirements listed on the Final Plat
27 Checklist have been met. The Final Plat Checklist is on file with the
28 City.
29
30 3. Refer;rals: Tl;:te Clerk sl;:tall ref-er eBliilies Bf tl;:te fiRalliillat t8 tl;:te ~R!JiReer
31 aR~ sl;:tall refer tl;:te abstraet tB tl;:te attBrRey fer tl;:teir examiRatieR aR~ reIiilBR.
32
33 ~. ReIiilBRs: Tl;:te 9b: eR!JiReer aR~ 9b: attBmey sl;:tall slolbmit tl;:teir feliilBRS
34 tB tl;)e CBloIReil 'uitl;:tiR fifteeR (15) ~ays after tl;:te filiR!J Bf tl;:te fiRalliillat. ne
35 eR!JiReer sl;:tall state \'/l:!etl;:ter tl;:te fiRalliillat aR~ tl;:te imliilfB\'emeRts sBRferm
36 tB tl;:te eR!JiReeriR!J aR~ ~esi!JR staR~ams aR~ sliileemeatieRs at tl;:te sity. Tl;)e
37 attemey sl;:tall state I;:tis BliiliRiBR as tEl title sf the Iiilremises iR':BI'/e~.
38
39 5. Fees: Tl;:te slolb~i\"i~er sl;:tallliilay tAe fees eftl;:te 9b: eR!JiReer aR~ 9b:
40 attBmey fer tl;:teir seF'\'iees aR~ reliileRs mR~ere~ iR eBRReetiBR '.\'itl;:t tl;:te fiRal
41 plat.
42
43 6. Compliance With Law: The final plat shall be prepared in accordance
44 with all applicable state laws aR~ eBloIRty BmiRaRees laws and
0 45 reaulations of controllina aovemmental aaencies.
2 See subsection 1-7 -3H of this code.
22
0 1
2 B. Council Action: The Council shall act on the final plat within sixty (60) days
3 of the date on which it was filed with the City, per State Statute 462.358
4 Subd, 3b, GIeFk. The final plat shall not be approved if it does not conform
5 to the preliminary plat, including all changes required by the Council, or
6 does not meet the engineering and design standards and specifications of
7 the City.
8
9 C. Recording Final Plat: Following approval of the final plat by the Council,
10 the City GIeFk shall promptly notify the subdivider of said approval~
11 Pursuant to Minnesota State Statute 462,358, the applicant shall
12 have two years to file the plat with the County Recorder. If the plat
13 has not been recorded with the County within two years of City
14 Council approval. then the City may reauest that the subdivider
15 resubmit an application and any chanaes in the City's
16 comprehensive plan or subdivision controls may apply to the plat
17 aR~ '!.'itl;:tiR tl;:tiRy (3Q) ~i1Ys tl;:tereafter, tl;:te fiRalliillat sl;:tall be reseme~ \'Jitl;:t
18 tl;:te CelolRty ReeBmer. The subdivider shall forthwith furnish the City GIeFk
19 with a receipt from the County showina evidence of the recordina of
20 the final plat. The subdivider shall submit a diaital COpy of the final
21 plat to the City Enaineer, a trileiR!J aR~ tl;)ree (3) eBliilies Bf tl;:te fiRalliillat
22 as reseme~, sl;:te'.viR!J e'/i~eRee Bf tl;:te resBmiR!J eR sai~ eBliilies. Failure of
0 23 the subdivider to comply with the requirement of recording shall be cause
24 for rescission of approval.
25
26 O. Reqlolire~ FiRal Plat Oatil: It sl;:tall be a eBR~itiBR tB tl;:te aliilliilfB':al Bf
27 a fiRalliillat tl;:tat tl;:te fell8'NiR!J ~ata sl;:tall be sl;:tev/R BR sai~ Iiillat er
28 sl;:tall be furRisl;:te~ tl;:tere'::itl;:t:
29
30 1. MloIRieiliilal, te\'/Rsl;:tiliil, e8101Rty er seetieR liRes aeelolrately tie~ t8 tl;:te
31 belolR~aries at tl;:te slolb~i':isiBR by ~istaRees i1R~ aR~les.
32
33 2. .^.eelolrate aR!JloIlar aR~ liReal ~imeRsiBRs fer allliRes, aR!Jles i1R~
34 elollVatlolres loIse~ tB ~eseFibe bBloIR~aFies, streets, easemeRts, areils
35 reselVe~ fer Iiillolblis loise, aR~ ether imliil8RaRt f@at[,lres sl;:tall be sl;:tev.'R.
36 CBmliillete e[,lF\,'e ~i1ta sl;:tall be sl;:te':/R, iRSllol~iR!J ra~ii, iRtemal aR!Jles,
37 IiilBiRts aR~ elolwatlolfeS, taR!JeRt beariR!Js, aR~ leR!Jtl;:ts at all ares.
38 OimeRsiBRs €If IBt liRes sl;:tall be SI;:t9\~'R iR feet aR~ 1;:t1olR~re~tl;:ts Elf feet. ~JB
39 ~itt8 V!Brk sl:lall be Iiilermitte~ iR iR~ieatiR~ ~imeRsieR. (p,meR~e~ Om. 1 Q,
40 2 Hi 1972)
41
42 3. Offieial mBRloImeRts as ~esi!JRate~ aR~ a~eliilte~ by tl;:te C8101R~' SloIIVeY8r
43 aR~ aliilliilm'!e~ by tl;:te ~istriet eBloIR fBr loIse as jlol~ieial meRloImeRts sl;)all be
44 set at eael;:t serRer er aR!Jle at tl;:te BloItsi~e bBloIR~alY Bf tl;:te fiRalliillat.
0 45 beeati8R at all meRloImeRts sl;:tall be SI;:tB':.'R. (p.meR~e~ Om. 1Q, 2 Hi 1972;
46 am~. 2QQ3 Ce~e)
23
0 . 1'1 of all 8uwev maFI(eF8 8hall
1 4. Official 8UF\-S", marheF8: ;h:~~~~~el re~s sl;:tall be Iiillaee~ at eael;)
2 be 8ho'::n on the final plat. If. tl;:tereBf sl;:tall be sl;:t9':/A.
3 GBfAer Bf eael;:t let, aR~ tl;:te IBea leR w
4 R~ blBeks sl;)all be SI;:tB..R.
5 5 ^ R i~eRtifieatiBR system fer all lets a e at
6 . . . I;:tall be SI;)B,uR .^. seqloleRe
7 ~ II Rames s n . h geeR
6 . Streets sl;:tall be Rame~, aR ~ a BRsisteRt "'ith the patterR that as
8 . . all ge fellQ'/Je e ..
9 street RiilmlR!J sh '. iR tl;:te areil.
oGlo~lio~od fe, tho C'l\. . bdr;.io. 11I0 orisi.ol
10
. I t 8f aR eafller Slol. , .
11 7. IR tl;:te e\'eRt tl;)e ~~a! Iiillat IS I~ bre~:Q,.'VR aR~ i~eRtifie~by ~Btt@~ IIRes.
12 ~lotIin! of lho O"bdlVl.l~n sh. h On bo s~..." by di..onsion. ood on!"'"
13
14 tl, ~ltGl;:tes s a
8 JloI~ieial aR~ eBloIR J ~
15 . f BloIRtI'reeBr s.
16 as ~etefmiRe~ mm e J.
~.., tef af@as sl;:tall be
17 d8 lB'" laR~ aR .. iI 5 1 972)
9 Floodplain8 and ':vetl~n , b' I (^meR~e~ Om. 10, 2 1
18 . . ~ tlfieatlBR s~ me.
19 indiealod by on I en . ~ gO~OIlment of NoI\I..1
. ..' t r le"el as ~efiRe~ IR t e f
20 1 Q. no "~imU~,~!hsi:.':;:ORl~ o.d CritoFio fur. Moni~";:. ~ Q, 2 15
21
22 ResBloIrees State.. I e. t sl:lall be sl;:teWR. (, .meR e
Sl;:terelaR~ I\reas ef MIRRese a
0 23 1 972; i1m~. 2003 Ce~e) .
24 ~ tl;:te ~imeRslBRs tl;:tereef,
25 . easemeRts, aR
10 11. All loItiI ity aR~ ~ralRa!Je
26 sl;:tall be sl;:tevJR. . . . I;:t II be sl:l9':m
27 . .. loIb€lI"ISIBRS S a
28 11 12. Hie Rames aR€lIiil~attiR!J ef :~:::: ; BRe 'l;)loIR~f@~ feet (100') frBm
29 aR~ i~eRtifie~ by :t~~e:loIl~~~:i~~e: loIR~er eBR.s~~~ratie~. ~B~~ b~::~J:~~em
30
31 tl;:te bBloIR~aAes e f I;:t a9jBiRiR!J slolb~I\'ISI8RS s a
32 street arraR!Je~eRts eu s~eit sl;:tall be S8 iR~ieate~.
33 a~jaeeRt laR~ IS loIRliilla e , A k
~. ominate8 and. .1'10 8
34 h II be en Anoka Ceun _ ce
35 12. l'heplat 8 a
Goun~- 8uwe\" datum. 't
36 . " a m\'e~ aR~ befBre aRY Iiilefml
37 13 Qefere aRY resi~eRtlalliillat ma} ~B ~: slolMivi~er sl;:tall fii'St ~res~Rt
38 . , . loIe~ fer iI resi~eRee tl;:terelR, w le"81 at all times IR sal~
39 ~0'Z;:.::: proof 1110111I0 notwrol ~':(~.;=:., tho I_I of 1110 1.....1 d
40 slolb~i':isiBR is RBt less tl;:taR :ree :r tl;:tat a satisfaGtBJ)' system ef !J~mlolR
41 IiilBRiBR Bf tl;:te 1iil~IiilBse~ S~floI t~~~s aR iRte!JralliilaR at tl;:te Iiilfeliil8se
42 water eBRtrBI ',\'111 be eeRS flole ~ ~ Om 10 2 15 1972)
43 ~si~eRtial slolb~i'lisieR. (.~.meR e .,
44
0 45
24
0 1 CHAPTER 3
2
3 DESIGN STANDARDS
4
5 SECTION:
6
7 11-3-1: General Requirements
8 11-3-2: Street Plan
9 11-3-3: Streets
10 11-3-4: Easements
11 11-3-5: Blocks
12 11-3-6: Lots
13 11-3-7: Parks, Playgrounds, Open Space And Public Uses
14 11-3-8: Trails
15
16 11-3-1 : GENERAL REQUIREMENTS:
17
18 A. The Planning aR~ ZBRiR!J Commission, in its review of a preliminary plat,
19 shall determine whether the proposed subdivision is in conformity with the
20 Comprehensive Plan and shall take into consideration the requirements of
21 the City and the best use of the land. Particular attention shall be given to
22 the arrangement, location and widths of streets, drainage and lot sizes
0 23 and arrangements.
24
25 B. The preliminary plat shall cover all of the owner's contiguous land or any
26 other property of the owner as deemed necessary by the Planning ilA€l
27 ZBRiR!J Commission in consideration of rural and urban differences, the
28 zoning ordinance and the Comprehensive Plan. The fiRalliillat may Ge'.'er
29 BRly a IiilBRiBR at tl;:te IiilrelimiRal)' Iiillat, Iiilm\'i~e~ it is iR eeRfBrmity 'l:itl;:t tl;:te
30 aliilliilm'.'e~ IiilrelimiRary Iiillat.
31
32 C. Where the parcel of land is subdivided into tracts larger than required for
33 building lots, such tracts shall be divided so as to allow for the opening of
34 streets and ultimate extension of adjacent streets.
35
36 D. Unplatted portions of land (outlots) or private easements controlling
37 access to public ways shall not be approved within the plat. (Amended
38 Ord. 10,2-15-1972)
39
40 E. Minnesota Statutes 462.358, Subdivision 2A, authorizes the City to
41 condition approval of the subdivision of property on the construction and
42 installation of certain utilities. The intent of this section is to specifically set
43 out the required improvements that promote and protect the public health,
44 safety and general welfare. The City reserves the right to require
0 45 additional improvements if deemed necessary by circumstances and
46 conditions unique to these particular lands. No subdivision of land is
25
0 1 allowed in the area designated on the Comprehensive Plan as "Rural
2 Reserve" unless storm sewer, sanitary sewer and a municipal water
3 supply are constructed to serve the area being divided. (Ord. 274, 9-2-
4 2003)
5
6 F. Required Buffer Area From Rural Areas or Neiqhborhoods: All
7 residential developments constructed with municipal sewer and water may
8 be required to provide buffering from rural neighborhoods outside of the
9 City's Municipal Urban Service Area (MUSA) except when adjacent to
10 areas outside of the existing MUSA that are planned for future urban
11 development.
12
13 1. Buffer Area Location: Buffer areas shall be located as close to
14 property lines between proposed urban and existing rural properties
15 as practicable.
16
17 2. Buffer Area Requirements: Buffer areas shall provide a consistent
18 level of physical separation and/or visual screening to provide a
19 transition between urban and rural developments. The extent of
20 the requirements shall be determined by the City Council at the
21 time that the preliminary plat is reviewed. These requirements shall
22 be based on the existing and proposed topography and vegetation
23 within and surrounding the proposed development and may include
24 one or more of the following:
25
26 a. Additional lot width or depth to provide physical separation
27 b. Tree save areas to provide visual screening
28 c. Tree planting areas to provide visual screening
29 d. Relocation of drainage areas to preserve existing trees
30 and/or area for new trees to be planted.
31 e. A combination of the above or others as needed to provide a
32 significant and consistent buffer area.
33
34 3. Exemption: In the event that a significant and consistent buffer is
35 provided by existing trees, wetlands, floodplain or other topographic
36 or hydrologic features, the Council may determine that no additional
37 requirements are necessary. (Amended Ord. 331, 6-6-2006)
38
39 11-3-2: STREET PLAN:
40
41 A. Compliance With Comprehensive Plan: The arrangement, character,
42 extent, width, grade and location of all streets shall conform to the
43 Comprehensive Plan, the approved standard street specifications, and all
44 applicable ordinances; and all streets shall be considered in their relation
0 45 to existing and planned streets, to reasonable circulation of traffic, to
46 topographical convenience and safety, and in their appropriate relation to
26
0 1 the proposed uses of the area to be served.
2
3 B. Continuation Of of Existing ARe and Future Streets: The
4 arrangement of streets in new subdivisions shall make provision for
5 the continuation of existing and future streets in adjoining areas.
6
7 C. Frontage Restrictions: No preliminary plat shall be approved wherein lots
8 front on the right-of-way of state, county, or city arterial or maior collector
9 mad& streets. Such lots may front on service roads with entrances to the
10 above or at intervals as determined by the County or City. ~
11 RloIR~re~ sixty met (660') fer aRerials aR~ t!;)ree 1;:t1olR~f@~ tl;:tirty feet (330')
12 fer eBlleeters. (Amended Ord. 10, 2-15-1972)
13
14 11-3-3: STREETS:
15
16 A. Widths:
17
18 1. All right of way and f8a~\Vay street widths shall conform to the following
19 minimum dimensions:
20
Typical RBa~'.\'ay
RiQht of Way street Width Back of
0 Classification Curb to Back of
Width Curb CloIm Pilee Te
CloIm Faee
Arterial 120 feet Variable
80-120 feet, as
Collector maior tmlolRieiliilal determined by Variable
state ai~ the City
Enoineer
Collector - minor 66-100 feet, as
determined by
the City
Enoineer
MiRBr (loIfbaR) Local urban 60 feet 32 feet 33 feet
city street
MiRBr (flolral) Local rural city 60 feet 24 feet 31 feet
street
Cul-de-sac 120-foot 93 foot diameter
diameter
Service 60 feet 33 feet
21
22 2. Additional right-of-way and street widths may be reauired VQPj
0 23 depending upon anticipated traffic volume, planned function of street
24 and character of abutting land use, and fire cod r auirem nts.
25
27
0 1 B. Horizontal Curve Radius: The minimum horizontal curve radius on minor
2 streets shall be fifty feet (50') or as required by the City Engineer.
3 (Amended Ord. 10,2-15-1972)
4
5 C. Grades: Streets grades shall not exceed seven percent (7%) for local
6 miRef; and collector streets and four percent (4%) for arterials
7 t!;)emlol!Jl;:tfares, and in no case shall they be less than one-half percent
8 (0.5%) on streets with concrete curb and gutter=-; er GRe liilereeRt (1%)
9 BR miRBr flolral eity street seGtiBRs. Grades within thirty feet (30') of street
10 intersections shall not exceed two percent (2%). (Amended Ord. 10,2-
11 15-1972; amd. 2003 Code)
12 D. Vertical Curves: Different connecting street gradients shall be
13 connected with vertical curves. Vertical curves shall be designed in
14 accordance with MNDOT guidelines with a minimum design speed of
15 thirty (30) miles per hour or as required by the City Engineer.
16 E. Street Jogs: Street jogs in local miRef; and service streets shall have a
17 centerline offset of not less than one hundred fifty feet (150'). Street jogs
18 shall be avoided in all other streets.
0 19 F. Local MiOOF Streets: Local MiOOF streets shall be so aligned that
20 their use by through traffic will be discouraged.
21 G. Cul-De-Sacs: The maximum length of cul-de-sac streets shall be five
22 hundred feet (500') measured along the centerline from the intersection to
23 the center of the cul-de-sac area. Each cul-de-sac shall have a terminus of
24 nearly circular shape, with a minimum right-of-way diameter of one
25 hundred twenty feet (120.0'), and a minimum roadway diameter of ninety
26 three feet (93.0') in the urban service area and the rural service area.
27 Temporary cul-de-sacs shall be required in all new subdivisions to make
28 provision for the continuation of future streets in adjoining areas when the
29 length of the street exceeds two hundred ten feet (210.0') from the
30 centerline of the intersecting streets. Each temporary cul-de-sac shall be
31 required to have a minimum roadway diameter of eighty feet (80.0') and
32 constructed with concrete curb and autler. bitlolmiRelols elolmiR!J as
33 ~efiRe~ iR the eity staR~ams. AdjaeeRt IiilmliileRy Property
34 owners/developers benefiting from the street continuation shall be
35 responsible for the removal of the temporary cul-de-sac and shall be
36 required to replace the street in accordance with current city requirements
37 and standards. The property line at the intersection of the turnaround and
38 the straight portion of the street shall be rounded at a radius of not less
39 than twenty feet (20.0').
0 40
41 H. Service Streets: In those instances where a subdivision abuts or contains
28
0 1 an existing or planned maior coli ctor or arterial stre ts tRBfBloI!Jl;:tfaf@ or
2 a railroad right-of-way, the City Council PlaRRiR!J aR~ ZBRiR!J CBmmissiBR
3 may require a service street approximately parallel to and on each side of
4 such right-of-way in order to provide protection to residential properties
5 and to provide separation of through and local traffic. SloIeR sef\'iee stfeets
6 sl;:tall be leeilte~ at a slolitable ~istaRGe ffBm tl;:te tl;:tBfBloI!Jl;:tfafe er railfBa~
7 ri!Jl;:tt ef ,'fay iR Bmer tB IiilrB':i~e fer Iiilark loIse Bf tl;:te iRteweRiR!J laR~ iR
8 fesi~eRtial ~istfiets, Br tB IiilfB':i~e fGr eBmmerGial Br iR~loIstriallolse sf tl;:te
9 iRtef\'eRiR!J laR~ iR Gemmereial er iR~loIstfial ~istfiets. The requirements of
10 approach grades and future grade separations shall be considered in
11 establishing the separation distance between said service streets and the
12 street tl;:tBfBloI!Jl;:tfare or railroad right-of-way.
13 I. Half Streets: Half streets shall be prohibited except where necessary to
14 complete the right-of-way of an existing half street.
15 J. Reserve Strips: Reserve strips controlling access to streets are prohibited.
16 K. Private Streets: Private streets shall not be approved. All proposed streets
17 shown on the plat shall be offered for dedication as public streets.
18 L. Adjoining Property: Street right-of-way shall Ret be planned so as to
0 19 provide proper access to Galolse I;:tamsl;:tiliil tB e':/Rers Bf adjoining
20 property.
21 M. Intersections: The angle formed by the intersection of streets shall not be
22 less than sixty degrees (600), with ninety degree (900) intersections
23 preferred. Intersections of more than four (4) corners are prohibited.
24
25 N, Any driveway access to a street shall be at least Ret less tl;:taR sixty feet
26 (60') from an intersection as measured from the intersectina riahts-
27 of-way, ffBm aR iRterseetiBR.
28
29 ON. Boulevard Sodding 1: In subdivisions where municipal sewer and water
30 are going to be installed, four inches (4") of topsoil and boulevard sodding
31 shall be required. In subdivisions without municipal sewer and water,
32 a minimum of four inches (4") of approved topsoil is reauired on the
33 boulevard, The boulevard shall be sodded or seeded, If seeded,
34 then the seed shall be mulched and disc anchored, Hydroseedina is
35 approved in lieu of seed and mulch. sl;:tall be sliilrea~, see~e~, mlollel;:te~
36 aR~ ~ise aRGI;:tBf@~.
37
38 f,.O. Tangent: A tangent of at least one hundred feet (100') in length shall be
39 introduced between reverse curves on arterial tl;:tefBloI!Jl;:tfare and collector
0 40 streets, and a tangent of at least fifty feet (50') in length shall be
1 See also sections 9-1-5A, 9-10-3 and 11-4-8 of this code.
29
0 1 introduced between reverse curves on all streets except selected minor
2 streets and lanes.
3
4 P. Corners: Rights-of-way Bf street iRterseel:ieRs where any two local
5 city streets intersect shall be rounded by a radius of not less than
6 twenty feet (20'). Any riahts of way where a city street and a county
7 road intersect shall be rounded by a radius of not less than thirty
8 (30) feet.
9
10 Q. CBlleel:Br Streets: .^!i!J ~efiRe~ fer tl;:tis seel:ieR, eBlleel:er streets are
11 fee~ers tB tl;:te aRerial rea~s as ~efiRe~ iR tl;:te CBmliilrel:leRsi':e PlilR
12 Br !JeRerally ':!itl;:t i1R AOT ef BRe t!;)BloIsaR~ (1,QQQ) er !JreateF, er a
13 mlolRieiliilal state ai~ streetfertl;:te eity. (I\.meR~e~ Om. 1Q, 2 Hi 1(72)
14
15 11-3-4: EASEMENTS:
16
17 A. Utility Easements: Easements at least twenty feet (20') wide or as
18 determined by the City Enaineer, centered on rear and side lot lines,
19 shall be provided for utilities where required by the platting authority.
20 Utility easements shall have continuity of alignment from block to block
21 and lot to lot. Lots served by municipal services shall have a
22 minimum 5-foot drainaae and utility easements alona the side lot
0 23 lines and a minimum 10-foot drainaae and utility easements alona
24 the front and rear lot lines, Lots without municipal services shall
25 have a minimum 10-foot drainaae and utility easements alona all
26 property lines. ~asemeRts milY be reqlolire~ aIBR!J let Ii Res tB ri!J!;)t Bf
27 1!i.'ilY SB as tB Iiilre':i~e fer street ligl:ltiR!J.
28
29 B. Drainage Easements: Where a subdivision is traversed by a wetland,
30 watercourse, drainageway or stream, a drainage easement conforming
31 substantially with the lines of such watercourse shall be provided, with
32 further width as shall be adequate for storm water drainage of the
33 areas. (Amended Ord. 10,2-15-1972)
34
35 11-3-5: BLOCKS:
36
37 A. Lengths: The maximum length of blocks shall be one thousand three
38 hundred twenty feet (1,320'). Pe~estriaR ! Trail ways easements at
39 least too twenty feet ~ (20') wide may be required at the
40 approximate center of blocks over six hundred sixty feet (660') in
41 length. Provisions for additional accessways to schools, parks, and
42 other public grounds may be required.
43
44 B. Off Street Areas: Blocks intended for commercial, industrial, or uses other
0 45 than single-family dwellings shall be so designed to provide adequate off
46 street areas for parking, loading, and such other facilities as shall be
30
0 1 reql:lired by the 1:BRiR!J emiRaRoo Bf tl;:te eity\ City Code,
2
3 C. Width: All blocks shall be so designed to provide for two (2) tiers of lots
4 unless conditions exist to render this requirement undesirable.
5 (Amended Ord. 10,2-15-1972)
6
7 11-3-6: LOTS:
8
9 A. Minimum Lot Size: The minimum lot area and dimensions shall be
10 as specified in the respective zoning districts of the eity 1:eRiR!J
11 BmiRaRGe. City Code.
12
13 B. Buildability Requirements: All Resi~eRtiallots shall have the lowest floor
14 a minimum of three feet (3') above the seasonal high water mark or ooe
15 feBt (1') two feet (2') above the designated or designed 1 OO-year flood
16 elevation, whichever is higher unless evidence is submitted and certified
17 by a geotechnical engineer that shall be reviewed and certified by an
18 independent geotechnical engineer hired by the city at the expense of the
19 developer and approved by the City Council that a separation of less than
20 three feet (3') can be achieved and is warranted.
21
22 1. Residential Lots Served By Municipal Sanitary Sewer: Lots served by
0 23 municipal sanitary sewer shall remove all organic material and replace
24 with granular material with no more than five percent (5%) organic
25 material by volume for the front BRe 1;:t1olR~re~ feet (199') one hundred ten
26 (110') of depth of the lot at a minimum width of the lot as required for that
27 zoning district by the 1:eRiR!J BmiRaRee. City Code,
28
29 2. Residential Lots Lacking Municipal Sanitary Sewer: No plats within the
30 Metropolitan Urban Service Area (MUSA) shall be approved unless
31 municipal sanitary sewer, municipal water and storm sewer are
32 constructed to serve the proposed development. All lots lacking municipal
33 sanitary sewer shall adhere to the following:
34 -
35 a. A building pad shall be created for each lot with a minimum size
36 of three thousand six hundred (3,600) contiguous square feet. The
37 building official shall determine that the dimensions of the building
38 pad are adequate to locate a house in compliance with all
39 applicable requirements.
40
41 b. The building pad shall be required to have a finished grade of at
42 least six feet (6') above the seasonal high water mark.
43
44 c. All organic material shall be removed from the designated
0 45 building pad area and replaced with granular material with no more
1 See sections 12-14-10 and 12-14-11 of this code.
31
0 1 than five percent (5%) organic material by volume.
2
3 d. There shall be two (2) 5,000-square foot areas designated and
4 staked for the primary and secondary on site septic drainfield based
5 on design criteria for a four (4) bedroom home. The designated
6 drainfield locations as stated above shall comply with IR~i'Ji~~al
7 Se'IJa!Je TreiltmeRt StaR~i1mS Cl;:tilliilter 7900 City Code Title 10-4
8 "Individual Sewaae Disposal Systems" as amended.
9
10 e. The location of the primary and secondary sites shall be
11 indicated on the preliminary grading plan and the design
12 specifications for the drainfields shall be submitted at the time of
13 the submittal of the preliminary plat for proposed developments and
14 at the time of building permit application for new homes.
15
16 f. Tl;:tese IiilrBvisiBRs sl;:tall RBt aliilliilly tB Iiillats i1liilliilfB':e~ by t!;)e eity
17 IiilriBrtB OetBber 17, 1970.
18
19 C. Location: All lots shall have at least tl;:te miRimlolm reqlolire~ frBRta!Je BR a
20 Iiillolbliely ~e€li8i1te~ street at least 50 (fifty) feet of frontaae on a
21 publicly dedicated and constructed street. Lot widths are a
22 separate reauirement that is measured at the front yard setback,
0 23
24 D. Corner Lots: Corner lots shall be platted at least ten feet (10') wider than
25 interior lots on all Jots of less than three hundred feet (300') in width at
26 the building setback line. Corner lots shall be a minimum of one
27 hundred feet (100') wide as measured at the building setback line or
28 ninety feet (90') wide for back to back lots.
29
30 E. Cul-De-Sac Lots: The minimum lot width at the front setback line for cul-
31 de-sac lots lacking municipal sanitary sewer is one hundred sixty feet
32 (160'). A maximum of two (2) lots lackina sanitarv sewer per cul-de-
33 sac are allowed to loItilii!e tl;:te m~loIee~ IBt '::i~tl;:t be platted.
34
35 F. Butt Lots: The use of butt lots shall be avoided wherever possible.
36
37 G. Watercourses: Lots abutting upon a watercourse, drainageway, or
38 stream shall have such additional depth or width as may be required to
39 protect house sites from flooding and shall be subject to restrictions of
40 the Department of Natural Resources and ~U.S. Army Corps of
41 Engineers , the Coon Creek Watershed District. the Lower Rum
42 River Watershed Manaaement Oraanization, or any other reaulatorv
43 aaency.
44
0 45 H. Double Frontage Lots: Lots with frontage on two (2) parallel streets shall
46 not be permitted except where lots back on maior collectors, arterial
32
0 1 streets or highways. Double frontage lots shall have an additional d pth
2 for screen planting along the rear lot line often feet (10') as reaulated
3 by City Code Title 12-13-5.
4
5 I. Access To TI;:tBfelol!Jl;:tfilf@S Arterials or Maior Collectors: In those
6 instances where a plat is adjacent to a limited access l;:ti!JI;)"'ay Br
7 Btl;:ter majer l;)i!Jl;:t"l.'ay Br tl;:tefelol!Jl;:tfare arterial or maior collector, no
8 direct vehicular access shall be permitted from individual lots to such
9 l;:ti!JI;:t.:.'aYs streets unless no access can be provided by other
10 means.
11
12 J. Natural Features: In the subdividing of land, regard shall be shown for all
13 natural features, including tree growth, watercourses, historic places and
14 similar amenities of the area which, if preserved, will add attractiveness
15 and stability to the area.
16
17 K. Lot Remnants: Lot remnants which are below the minimum lot area or
18 dimension must be added to adjacent or surrounding lots rather than
19 be allowed to remain as an unusable outlot or parcel.
20
21 L. Resubdivision: The preliminary plat shall show a feasible plan for future
22 resubdivision by which lots may be resubdivided to meet the size and
0 23 dimension standards of lots in areas served by municipal sewer where
24 the city deems it necessary in those areas that can be served in the
25 future.
26
27 M. Wetland / Stormwater Pond Buffer: Pursuant to Title 13, Chapter 6 of this
28 code a one rod (16.5 feet or 5 meters) wide area abutting a wetland and/or
29 stormwater pond that shall be left undisturbed or in its natural condition
30 during the development, building and landscaping phases. The buffer strip
31 shall not be included within the preceding BRe 1;:t1olR~re~ fe91: (100') one
32 hundred ten (110') buildability requirement. (Ord. 273, 9-2-2003)
33
34 11-3-7: PARKS, PLAYGROUNDS, OPEN SPACE AND PUBLIC USES:
35
36 A. Lands For Public Use Required: Pursuant to Minnesota Statutes Section
37 462.358, as amended, the City Council of the City of Andover shall require
38 all owners or developers, as a prerequisite to approval of a plat,
39 subdivision or development of land, to convey to the City or dedicate to
40 the public use for park or playground purposes, a reasonable portion of
41 the area being platted, subdivided or developed as hereinafter specified.
42 Said portion to be approved and acceptable to the City, or in lieu thereof,
43 the owners or developers shall, at the option of the City, pay to the City for
44 the use in the acquisition of public parks, open space and playgrounds,
0 45 development of existing public park and playground sites, and debt
46 retirement in connection with land previously required for public parks and
33
Q 1 playgrounds. Any park cash contributions based on market value for
2 commercial/industrial zoned property is to be determined as identified in
3 Subsection C of this section are to be calculated and established based
4 on the land value at the time of final plat. Any park cash contributions for
5 residential zoned property are to be determined as identified in Subsection
6 C of this section. The form of contribution (cash or land) shall be decided
7 by the City based upon need and conformance with the approved City
8 Park Comprehensive Plans.
9
10 B. Dedicated Lands:
11
12 1. Requirements: Any land to be dedicated as a requirement of this
13 section shall be reasonably adaptable for use for active park and
14 recreation purposes and shall be at a location convenient to the people to
15 be served. Factors used in evaluating the adequacy of proposed park
16 and recreation areas shall include size, shape, topography, geology, tree
17 cover, access and location.
18
19 Also land dedication shall be selected based on the parkland need defined
20 by the Andover Park System Plan. Active parkland areas shall be
21 exclusive of wetlands, slopes exceeding twelve percent (12%), ponding
22 areas, or other features unsuitable for active park development. The City
Q 23 may accept natural open space or passive park containing unique natural
24 environmental features as part of the parkland dedication. Selection of
25 park land for dedication shall be at the discretion of the City Council,
26 based on the policies and recommendations of the Comprehensive Plan
27 and the Comprehensive Park System Plan. The Council mayvarv from
28 these reauirements if a development demonstrates uniaue attributes
29 sufficient for parks and open space included in the development.
30
31 2. Maximum Area of Dedicated Land: Developers of land within the
32 City of Andover shall be reauired to dedicate 10% of land to the city
33 for park, or open space and playa round purposes.
34
35 2. StaR~ams FBr OetermiRatieR: T,l;:te Park i1R~ ReefeatiBR CBmmissieR
36 sl;)all ree8mmeR~ te tl;:te City CelolReil a~eliiltiBR Bf tl;:te Cemliilrel;:teRsi'/e Park
37 Oe':eleliilmeRt PlaR fer ~etermiRiR!J '.I.'l;:tat IiilBRieR at eael;:t S1ol81;:t ~e\'eIBliilmeRt
38 sl;:teloll~ reaseRilbly De reqlolire~ tB be SB eeRveye~ Br ~e~ieate~. SloIel;:t
39 CBmliilrel;:teRsi\'e Park ge':eIBliilmeRt PlaR milY take iRtB eeRsi~eratieR tl;:te
40 ~eRiR!J elassifieatieR assi!JRe~ te tl;:te laR~ te be ~e':eleliile~, the liilaRielollar
41 ~fBIiilBse~ loIse fer sloIel;:t laR~, ameRities te be Iiilm'!i~e~ aR~ faelBrs ef
42 ~eRsity aR~ site ~e\'eIBliilmeRt as Iiilm1iil8s8~ by tl;:te B'.\'Rers er ~e':eI8Iiilers.
43 Tl;:te Park aR~ Reereati8R CemmissiBR sl;:tall flolr;tl;:ter re8emmeR~ el;:tsR!Jes
44 aR~ ameR~meRts te tl;:te CBmliilreheRSp..'e Park OevelBliilmeRt PlaR tEl refleet
0 45 el;)aR~es iR tl;:te loIsa!Je Bf laR~ \':I;:tiel;:t may Beelolr, el;:taR!Jes iR z8RiR!J
46 elassifieatieRs aR~ eBR8eliilts aR~ 8l;:taR!Jes iR IiillaRRiR!J aR~ ~evelBliilmeRt
34
0 1 eBReeliilts tl;:tat relate tB tl;:te ~e\"eIBliilmeRt aR~ loIsa!Jes tB ,:,I;:tiel;) tl;:te lilR~ may
2 be Iiillolt.
3
4 J. Park AR~ ReereatieR CemmissiBR ReeBmmeR~atiBR: Tl;:te Par'" aR~
5 ReereatiBR CBmmissiBR sl;:tall, iR eael;:t ease, reeemmeR~ tB tl;)e City
6 CelolReil tl;:te t91:al area aR~ IBeatieR Elf slolel;) laR~ tl;:tilt tl;:te CemmissiBR feels
7 SI;:tBloIl~ be se eBR\'@ye~ Br ~e~ieate~ v:itl;:tiR tl;:te ~e':eIBliilmeRt fer Iiilark,
8 IiillaY!JmlolR~, eliileR sliilaee aR~ Iiillolblie loIse 1iil1olrliilBses.
9
10 C. Cash Contribution In Lieu Of Lands:
11
12 1. Amount Determined:
13
14 a. IR tl;:tese iRstilRees 'Nl;:tere iI easl;:t eBRtfibloltiBR is tB be ma~e by
15 tl;:te B'::Rers er ~evelBliilefS iR lielol Bf a eeRveyaRee Br ~e~ieatiBR Bf
16 laR~ fBr Iiilafk, IiillaY9relolR~, eliileR sliilaee Br Iiillolblie loI5ie plolrliilBses, tl;:te
17 Park aR~ ReereatieR CemmissieR sl;:tall meemmeR~ te tl;:te City
18 CelolReil tl;:te amBloIRt at eilsl;:t sai~ CemmissieR feels sl;:teloll~ be SB
19 eBRtriblolte~. SloIel;:t reeBmmeR~atiBR sl;:tilll be base~ eR tl;:te market
20 vallole at tl;:te loIR€le'JelBliile~ laR~ that ':'BloIl~ etl;)ew:ise I;:ta'/e beeR
21 eBR'Jeye~ Br ~e~ieate~.
22
0 23 !! 9. In lieu of land dedication, the City may require from the
24 developer or owner a cash contribution which is based on a fee per
25 lot/unit basis for the development of residentially zoned property. In
26 the case of the development of commercial/industrial zoned
27 property, the City may require a cash contribution from the
28 developer or owner which is based on a maximum of ten percent
29 (10%) of the market value of the land or as established by the
30 park dedication study. These fees 1 are established and adopted
31 by the City Council and are effective for any plat that has Flot
32 received preliminary plat approval after the date of publication of
33 this title. The fees would also apply to plats that have received
34 preliminary plat approval, but have not received final plat approval
35 by the City Council... 'l:itl;:tiR R\'elve (12) meRtl;:ts Bf tl;:te plolblieatiBR
36 ~ate at tl;:tis title. If an extension is requested of the preliminary plat
37 beyond the twelve (12) months, the fee that is in effect at the time
38 of the extension is the fee that is to be contributed. Park cash
39 contributions are to be paid to the city prior to the recording of the
40 final plat at the county. The City Council may require the payment
41 at a later time under terms agreed upon in the development
42 agreement. Delayed payment may include interest at a rate set by
43 the city.
44
0 45 R.e. If the applicant or developer does not believe that the
1 See subsection 1-7-3G of this code.
35
0 1 estimates L..J!,.contained in the city fee schedule (pursuant to this
2 park dedication analysis) fairly and accurately represent the effect
3 of the subdivision on the park or trail system of the city, the
4 applicant or developer may request that the city prepare an in-
5 depth study of the effect of the subdivision on the park and trail
6 system and an estimate of that effect in money and/or land. All
7 costs of said study shall be borne by the developer or applicant. If
8 the developer or applicant requests the preparation of such a study,
9 a plat application may proceed as if the fee had been paid,
10 pendina a decision on the appeal of dispute over the proposed
11 fee in lieu of dedication if:
12
13 1, The applicant puts the City on written notice of the
14 proposed fee in lieu of dedication,
15 2. Prior to the City's final decision on the aDPlication, the fee
16 in lieu of dedication is deposited in escrow, and
17 3, The applicant appeals under Minnesota State Statute
18 462,361 within 60 days of approval of the application,
19
20 If such appeal is not filed by the deadline, or the applicant
21 does not prevail on the appeal, then the funds paid into the
22 escrow must be transferred to the City. RB aliilliillieatieR fer
0 23 ~e'JeleliilmeRt slolbmitm~ sl;:tall be ~eeme~ eBmliillete loIRtil tl;:te stlol~Y
24 I;:tas beeR eemliillete~ aR~ a ~etermiRiltieR is ma~e as te the
25 aliilliilfBliilriat@ amBloIRt ef laR~Br meRey Reeessap)' te Bffset tl;:te eff@ets
26 ef tl;:te slolb~h:isiBR.
27
28 ~€I. If a combination of cash and land dedication is required, the
29 cash contribution to the city would be determined as follows for
30 residential zoned property:
31
32 Step 1: Total acreage of plat multiplied by ten percent (10%)
33 (minimum required land dedication) yields the required land to be
34 dedicated.
35
36 Steliil 2: Aetlolal aeres at Iiilark te be ~Befieate~ ~i':i~e~ by tl;:te reqlolire~
37 laR~ tEl be ~e~ieate~ yiel~s tl;:te liilereeRt at laR~ tl;:tat mlolst be
38 ~e~ieate~.
39
40 Step 3~: "Total park dedication fee" will be determined by
41 establishing the ultimate number of residential lots that can be
42 achieved beiR!J ~e~ieate~ (if no park land was dedicated ~
43 multiplied by the park dedication fee per unit as per the fee
44 schedule.
0 45
46 St p =4=~: Divide the "total park dedication fee" from St p 2 by the
36
C 1 required land to be dedicated from Step 1. This yields the "fee per
2 acre".
3
4 Step 5=~: Multiply the "fee per acre" from Step 3 by the acres of
5 park to be dedicated. which is to include one half (1/2) of the
6 street riaht-of-way adiacent to the park. The land must be
7 exclusive of wetlands, slopes exceedina 12%. pondina areas,
8 or other features unsuitable for park land. This yields the dollar
9 value of credit for land beiR!J ~e~ieilte~ and for the riaht-of-way
10 beina dedicated.
11
12 Step 6~: "Tetal fee" The "total park dedication fee" from Step 2
13 minus the dollar value of credit for land and riaht-of-way being
14 dedicated from Step 5 yields the dollar amount and/or balance due
15 in park dedication fee.
16
17 SteD 6: Credit will be aiven towards the park dedication fee
18 that is reauired for areas within the park that were reauired to
19 be improved by the City and aareed to by the developer or
20 owner. Those improvements may include aradina of the park,
21 which must be araded a minimum of two feet above the 100-
22 year flood elevation or three feet above mottled soil or hiahest
0 23 anticipated water level, whichever is hiaher, Improvements
24 may also include, but are not limited tO,installation of
25 playaround eauipment. installation of individual sanitarv
26 sewer and water service (not the main laterallinesl. and any
27 other item that would relate to development of the park.
28
29 2. Market Value Of Lands: "Market value", for the purposes of calculating
30 the commercial/industrial park dedication fee as required by this title shall
31 be determined as of the time of the final plat approval without
32 improvements in accordance with the following:
33
34 a. The Park and Recreation Commission and owners or developers
35 may recommend to the City Council the market value. The City
36 Council, after reviewing the Park and Recreation Commission's
37 recommendation, may agree with the owner or the developer as to
38 market value, or
39
40 b. The owner or the developer may select fmm a list, BRe ef tl;:tree
41 ~ an accredited appraisers that has been approved by the city to
42 establish the market value. The appraisal shall be at the expense of
43 the owner or the developer. Such appraisal shall be accepted by
44 the City Council and the owner or developer as being an accurate
0 45 appraisal of "market value".
46
37
0 1 D. Density And Open Space Requirements: Land area so conveyed or
2 dedicat d for park, open space and playground purposes may not be used
3 by an owner or developer as an allowance for development as set out in
4 the city zoning BmiRaRse code. The land shall be in addition to, (exeeliilt
5 fBr SloIbseelieR ~ 8f tl;:tis seeti8R), and not in lieu of, open space
6 requirements for Planned Unit Developments pursuant to Title 13, Chapter
7 3 of this code.
8
9 ~. Cf@~it FBr Pri':ate OliileR Sliilase: 'N!;Jere Iiilri':at@ eliileR sliilase fer Iiilark aR~
10 reereatiBR 1iil1olfJiilBses is Iiilm':i~e~ iR i1liilr8IiileSe~ ~eVel8liilmeRt aR~ Slolsl;:t
11 sliilaee is te be Iiilrivately B'::Re~ aR~ maiRtaiRe~ by tl;:te B'A"Rer ef tl;:tat
12 ~e':eIBliilmeRt, SlolSI;:t areas may be loIse~ fer ere~it at tl;:te ~iser€tieR at tl;:te
13 City CBloIReil a!JaiRst tl;:te reqloliremeRt ef ~e~isatiBR fer Iiilark aR~ f@ereatiBR
14 1iil1olfJiileses, Iiilr8':i~e~ t!;Je City C8101Reil fiR~S it is iR tl;:te Iiilwblie iRt@rest te ~e S8
15 aR~ tl;:tat tl;:te feIlB'.viR!J staR~ams i1re met:
16
17 1. Tl;:tat yams, eelolR areas, setbaeks aR~ BliileR sliililee f@qlolif@~ te be
18 miliRtaiRe~ by sity emiRaRs@s sl;:tall RBt be iRellol~e~ iR tl;:te
19 semliilloltatiBR Bf slolel;:t Iiilfi':i1te eliileR sliilae@;
20
21 2. An ft..esoeiation ':JiII be FeEulil'8d to ensul'8 t!;Jat t!;Je Iiilri':ate
22 8'.vRersl;:tiliil aR~ maiRHmaRse Bf tl;:te 81iileR sliilaee is i1~eqwately
0 23 IiilfB\'i~e~ fef.i... by \'JfitteR a!JfeemeRt;
24
25 J. nat t!;Je Iiilfi':i1te eliileR sliilaee is f@striele~ fer Iiilark aR~ reereati8R
26 Iiillolrliileses by reeer~e~ eB\'eRaRts ':Jl;:tisl;:t flolR 'l:itl;:t tl;:te laR~ iR fal,,'Br ef
27 tl;:te B':mers Bf tl;:te IiilrBliilerty ':.'itl;:tiR tl;:te ~e':eleliilmeRt aR~ 'iI'.'l;:tiel;:t
28 eaRRet be elimiRate~ '::itI;:tBloIt tl;:te eeRseRt Bf tl;:te City CelolRsil;
29
30 4. nat tl;:te IiilmliilBse~ Iiilfi':ate eliileR sliilaee is f@asBRably a~aliiltilble
31 fer loIse fBr Iiilark i1R~ reereatieRa11iil1olfJiileSeS, takiR!J iRte sBRsi~eratiBR
32 slolel;:t faelBrs as size, sl;:taliile, teliile!Jrapl;:ty, !JeB1e!JY, aeeess aR~
33 IBeatieR at tl;:te IiilR\'ate BliileR sliilase;
34
35 !i nat faeilities IiilrBliilese~ fer tAe BliileR sliilaee are iR slolbstaRtial
36 aeeemaRee 'il'Jitl;:t tl;:te Iiilm'lisieRs Bf tl;:te reereatiBRal elemeRt ef tl;:te
37 Cemliilrel;:teRsi':e PlaR, aR~ are aliilliilm':e~ by tl;:te City CelolReil; aR~
38
39 6. Tl;:tat wl;:tere slolel;:t sre~it is !JraRte~, tl;:te amBloIRt ef ere~it sl;:tall Ret
40 exeee~ BRe 1;:t1olR~re~ liilefGeRt (1QQ%) fer tl;:te ~e':eIBliilmeRt Bf tl;:te
41 i1mBloIRt ealslollat@~ loIR~er SloIbseeti8R F Bf tl;:tis seetiBR.
42
43 F. MiRimlolm .^.rea Of Oe~ieate~ b.aR~: Oe\'elBliilers Bf laR~ v:itl;:tiR tl;:te eit'.1' at
44 .'\R~ever sl;:tilll be reqlolire~ tB ~e~ieate tB the sity fer Iiilark, BliileR sliilaee
0 45 aR~ IiillaygmlolR~ 1iil1olfJiilBSeS as a miRimlolm tl;:tilt pefGeRta!Je Bf !Jmss laR~
46 area as set BloIt belBw:
38
0 1
2 Re€lloliremeRt
3
4 Resi~eRtial 1 0 liilereeRt
5
6 CBmmef€ial IR~loIstrial 10 liilereeRt
7
8 G. Me~es And Bounds Lot Splits: ne Park aR~ ReereatieR CemmissiBR
9 may reeemmeR~ easl;:t liilaymeRt iR lielol at Iiilafk laR~ BR metes aR~
10 bBloIR~S 1st Sliillits less tl;:taR tv:eRt)' (20) aeres iR size. Tl;:te liilaymeRt
11 amelolRt sl;:tilll be ~etermiRe~ t!;Jrsl.J!J1;:t tl;:te same Iiilmeess BloItliRe~ iR
12 SloIbseetiBR C Bf this seetiBR. The Park and Recreation Commission
13 may recommend to the City ,Council a cash payment in lieu of park
14 land on metes and bounds lot splits less than twenty (20) acres in
15 size. Where a cash contribution is reauired, the owner will be
16 reauested to contribute on a fee per lot or fee per unit as reauired
17 by City Code 1-7-4 for the lot that is beina split. The City will have
18 the riaht to reauire park dedication for any future subdivision of the
19 property. Credit shall be aiven for previously paid park dedication,
20
21 1><1. A~miRistrati':e PrBee~loIres: Tl;:te Park aR~ ReereatiBR CBmmissieR
22 sl;:tall establisl;:t slolel;:t i1~miRistrati'Je IiilrBee~loIres as t!;Jey may ~eem
0 23 Reeessary aR~ feqlolire~ te imliillemeRt tl;:te IiilmvisiBRs Bftl;:tis title. {Om.
24 101><11><1, 8 6200J)
25
26 11-3-8: TRAILS:
27
28 Cash Contribution for Trails: The City shall have the authority to
29 reauire a trail fee that will be charaed at the time of subdivision. Th
30 fee shall be established annually with the City Fee Ordinance and is
31 separate and distinct from the park dedication fee, The fee's intent is
32 to fund reaional trails as shown in the Comprehensive Plan,
33
34
35
0
39
0 1
2 CHAPTER 4
3
4 REQUIRED IMPROVEMENTS
5
6 SECTION:
7
8 11-4-1 : General Conditions
9 11-4-2: Development Contract
10 11-4-3: Financial Security
11 11-4-4: Construction Plans
12 11-4-5: Inspections
13 11-4-6: Preexisting Improvements
14 11-4-7: Completed Improvements Documented
15 11-4-8: Street Improvement Standards
16 11-4-9: Drainage Facilities
17 11-4-10: Subsurface Conditions
18 11-4-11: Water And Sewer Systems
19 11-4-12: Sidewalks And Pedestrianways
20 11-4-13: Public Utilities
21 11-4-14: Dead and / or Diseased Trees
22 11-4-15 Nonconformina Provisions
0 23 11-4-16: Official survey markers
24
25 11-4-1: GENERAL CONDITIONS:
26 blliilBR reeeiliilt ef IiilrelimiRalY Iiillat aliilliilrB':al by tl;)e CelolReil aR~ Iiilri8r t8 CelolReil
27 aliilliilfB':al at tl;:te fiRalliillat, tl;:te slolb~ivi~er sl;:tall make IiilrB':isiBR, iR tl;:te maRRer
28 l;)ereiRafter set f-ElRI;), fBr tl;:te iRstallatiBR, i1t tl;:te sele eXliileRse ef tl;:te slolb~i':i~er, Bf
29 slolel;:t imliilmvemeRts as sl;:tall be reqlolire~ by tl;)e eit:,', '::I;:tiel;:t imliilre\'emeRts may
30 iRellol~e, blolt afe R91: limite~ te, stflilets, si~e'.\'alks, Iiillolblie water systems, saRitilJ)f
31 ewer systems, slolRaee aR~ sterm ~raiRa!Je systems, aR~ Iiillolblie loItility serviees.
32 Tl;:te iRstallatiBR ef sai~ imliilrB':emeRts sl;:tall be iR eBRfBrmit:,. 'IJitl;:t aliilliilm'/e~
33 e8Rstrloleti8R IiillaRs aR~ sliileeifieatieRs aR~ all aliilliillieable staR~ams aR~
34 Bf~iRaRees. (~meR~e~ Or~. 1Q, 2 15 1972)
35
36 Upon receipt of preliminarv plat approval by the Council and prior to
37 Council approval of the final plat, the subdivider shall make provision, in
38 the manner hereinafter set forth, for the installation of all improvements
39 reauired by the City. The improvements may include, but are not limited to,
40 streets, sidewalks / trails,. public water systems, sanitarv sewer systems,
41 surface and storm drainaae systems, and public utility services. The
42 improvements shall be at the sole expense of the subdivider, with the
43 xception of Trunk Sanitarv Sewer, Trunk Water Main, and Reaional Trail
44 Improvements. The installation of said improvements shall be in
0 45 conformity with approved construction plans and specifications and all
46 applicable standards and ordinances. Such improvements can be install d
40
0 1 publicly or privately as identified in the City's Dev lopm nt Guidelines for
2 Infrastructure Improvem nts.
3
4 11-4-2: DEVELOPMENT CONTRACT: Prior to the installation of any
5 required improvements and prior to aliilliilfBval release of the final plat for
6 recordina, the subdivider shall enter into a contract with the city to construct said
7 improvements at the sole expense of the subdivider, with exception to Trunk
8 Sanitarv Sewer, Trunk Water Main, and Reaional Trail improvements and in
9 accordance with approved construction plans and specifications and all
10 applicable standards and ordinances. Said contract shall provide for the
11 supervision of construction by the Engineer, and said contract shall require that
12 the city be reimbursed for all costs incurred by the city for engineering and legal
13 fees and other expenses in connection with the making of such improvements.
14 The performance of said contract shall be financially secured by a cash escrow
15 deposit or irrevocable letter of credit as hereinafter set forth. (Ord. 10FF, 8-5-
16 2002)
17
18 11-4-3: FINANCIAL SECURITY: The development contract shall require
19 the subdivider to make a cash escrow deposit or, in lieu thereof, to furnish a letter
20 of credit in the following amounts and upon the following conditions:
21
22 A. Escrow Deposit and / or Letter of Credit: The subdivider shall deposit
0 23 with the Finance DirectorlTreasurer a cash amount as required by the
24 city development contract with the total cost of suOO improvements as
25 estimated by the Engineer and / or identified in the contract. In lieu
26 of a cash escrow deposit, the subdivider may furnish an
27 irrevocable letter of credit with a bankina institution acceptable to
28 the City. The amount shall include iRellol~iR!J the estimated expenses
29 of the city for engineering and legal fees and other expenses incurred
30 by the city in connection with the making of such improvements.
31
32 lit letter Of Cre~it: IR Iielol at a easl;:t esem':! ~eliilesit, tl;:te slolb~i\'i~er may
33 flolrRisl;:t aR irre'!Beable lett€lr Bf ere~it, '.vitl;:t a ee~Brate slolrety as reqlolire~
34 by tl;:te Git)' ~e':eIBliilmeRt GBRtraet \'Jitl;:t tl;:te tetal GBst ef slolel;:t imliilrB'/smeRts
35 as estimate~ by tl;:te eR!JiReer, iRGlloI~iR!J tl;:te estimate~ eXliileRse ef tl;:te eity
36 fBr eR!JiReefiR!J aR~ 1€l!Jal fGes i1R~ Btl;:ter eXliileRses iRelolrre~ by tl;:te Gi~' iR
37 eBRReetieR V'Jitl;:t tl;:te makiR!J ef slolel;:t imliilrB\'emeRts.
38
39 B,(; Conditions: The development contract shall provide for a completion date
40 on which all of the required improvements shall be fully installed,
41 completed and accepted by the city. The completion date shall be
42 determined by tl;:te CBloIReil after GBRSlolltatiBR ':Jitl;:t .bY.the engineer and the
43 subdivider, and shall be reasonable in relation to the construction to be
44 performed, the seasons of the year and proper correlation with
0 45 construction activities in the subdivision. The development contract shall
46 provide that in the event the required improvements are not completed
41
0 1 within the time allotted, the city shall be allowed to exercise its power to
2 r8GeVer BR tl;:te red mth letter of credit or utilize the cash escrow
3 deposit to complete the remaining construction to city standards and
4 specifications. In the event the amount of funds recovered is insufficient to
5 cover the cost of construction, the Council may assess the remaining cost
6 to the lands within the subdivision. (Ord. 10FF, 8-5-2002)
7
8 11-4-4: CONSTRUCTION PLANS: Preliminarv construction plans and
9 specifications for the required improvements conforming in all respects with the
10 standards and ordinances of the city shall be prepared at the expense of the
11 subdivider by a reaistered professional engineer licensed re!Jistere~ by the
12 state. In urban areas, final construction plans and specifications will be
13 prepared by the City Enaineer at the expense of the subdivider and shall
14 follow the Development Guidelines for Infrastructure Improvements. Such
15 plans and specifications shall become a part of the liileoormaRee development
16 contract. T'NB (.2) IiilriRts Bf sai~ IiillaRs aR~ sliileeifieatiBRs sl;:tall be file~ '/i.'itl;:t tl;:te
17 Clefh:. (Amended Ord. 10,2-15-1972)
18
19 11-4-5: INSPECTIONS: All required improvements shall be inspected
20 during the course of construction by the Engineer or their representative, and
21 acceptance of said improvements by the city shall require the prior written
22 certification by the Engineer that said improvements have been constructed in
0 23 compliance with the plans and specifications. (Amended Ord. 10,2-15-1972)
24
25 11-4-6: PREEXISTINC COMPLETED IMPROVEMENTS: Improvements
26 which have been completed prior to application for final plat approval or
27 execution of the performance contract shall be accepted as equivalent
28 improvements, provided the Engineer shall certify in writing that said
29 improvements conform to city standards. (Amended Ord. 10,2-15-1972)
30
31 11-4-7: COMPLETED IMPROVEMENTS DOCUMENTED: Upon
32 completion of installation of all required improvements in a rural development,
33 the subdivider shall file with the GIef;k City Enaineer one mylar drawina, one
34 paper drawina, and one diaital COpy of plans a reliilfB~loIGible traeiR!J aR~ lwe
35 (2) GBliilies Bf IiillaRs and specifications showing all improvements as finally
36 constructed and installed, If the completed improvements were constructed
37 as an urban development, the City will prepare the final copies of plans and
38 specifications as finally constructed and installed at the expense of the
39 owner or developer. (Amended Ord. 10,2-15-1972)
0
42
1
0 2 11-4-8: STREET IMPROVEMENT STANDARDS:
3
4 A. With Municipal Sanitary Sewer And/Or Water:
5
6 1. Grading: The full width of the right of way of each street shall be
7 graded, including the sub-grade of the areas to be paved, in accordance
8 with the standards and specifications which have been a~@liilte~ by
9 resBlloItiBR at tl;:te City CBloIReil. approved by the City Council,
10
11 2. Paving: All streets shall be paved with concrete or bituminous surfacing
12 in accordance with the standards and specifications that have been
13 a~Bliilte~ by res@MiBR at tl;:te approved bv the City Council.
14
15 3. SB~~iR!J4 Erosion Control: The portion of tl;:te street ri!Jl;:tt Bf '.vay
16 beyeR~ tl;:te liila'Je~ slolRase the riaht-of-way between the street and the
17 property line shall receive a minimum of four inches (4") of approved
18 topsoil and shall be sodded or a cash escrow provided prior to issuance of
19 a certificate of occupancy by the city.
20
21 4. Curb And Gutter: Concrete curb and gutter shall be installed on both
22 sides of the paved surface of all streets~ exeeliilt lilRes.
23
Q 24 5. Private Driveways: All private driveways providing access to public
25 rights-of-way shall be hard surfaced and, if serving two (2) adjoining lots
26 abutting the public right-of-way, shall be of a width designated by the city.
27
28 6. Street Signs: A street si!JRs at a ~esi!JR sian plan will be desianed
29 and approved by the city as per the Minnesota Manual on Uniform
30 Traffic Control Devices. sl;:tall be iRstalle~ i1t eael;:t street iRterseetiBR.
31
32 7. Screening: Screen planting shall be as required by tl;:te IiillilttiR!J aloltl;:teri~'
33 City Code Title 12-14-5.
34
35 8. Street Liahts: The subdivider shall be responsible for the
36 installation of liahts as identified in the Development Aareement.
37
38 B. Without Municipal Sanitary Sewer And/Or Water:
39
40 1. Grading: The full width of the right-of-way of each street shall be
41 graded, including the sub-grade, in accordance with the standards and
42 specifications which have been a~eliilte~ by resBMieR ef approved by the
43 City Council.
44
45 2. RBa~ SloIlfases: T@mIiil8raf'jf fBa~ slolr:faees aR~ ~loISt sBat sl;:tall be as
0 46 SI;:tW."i(R iR eity staR~ams.
47
1 See also sections 9-1-5, 9-10-3 and 11-3-3N of this code.
43
1 2. Pavina: All stre ts shall be pav d with concrete r bituminous
0 2 surfacina in accordanc with th standards and specifications that
3 hav b en approved by th City Council.
4
5 3. Se~~iR!J Qr See~iR!J Erosion Control1: TBIiilSBiI aR~ se~ er see~iR!J
6 eeAsistiR!J Bf The portion of the riaht-of-way between the street and
7 the property line shall receive a minimum offour inches (4") of
8 approved topsoil and shall be sodded or seeded with the appropriate
9 seed mixture and application rateL,aM mulched, and the mulch =aM disc
10 anchored as required in the city standards.
11
12 4. Driveways: Driveways shall be hard surfaced from the street to the
13 property line.
14
15 5. Street Signs: A street signs ~Bf iI ~esi!JR aliilliilmve~ by tl;:te eit;' sl;:tall
16 be iRstalle~ at eael;:t street iRterseetieR will be desianed and approved
17 by the City as per the Minnesota Manual on Uniform Traffic Control
18 Devices.
19
20 6. Screening: Screen planting shall be as required by tl;:te IiillattiR!J
21 aloltI;:tBrit;' City Code Title 12-14-5.
22
23 7, Street Liahts: The subdivider shall be reauired to install street
0 24 liahts as identified in the Development Aareement.
25
26 C. Reauired Intersection Improvements on City or County Roads:
27
28 1, The subdivider shall be reauired to pay a proportionate share of
29 all costs associated with reauired intersection improvements alona
30 County roads and City streets when new developments triaaer the
31 need for uparades (j,e, riaht and left turn lanes, bypass lanes, and
32 deceleration lanes).
33 2. The subdivider shall make the reauired improvements as a part of
34 the street improvements for the new development as identified in th
35 preliminarv plat approval.
36 3. The City Council may elect to construct such improvements as an
37 assessment proiect in which the subdivider shall accept an
38 assessment for a proportionate share of the improvements as
39 identified in the preliminarv plat approval,
40
41
42 D. Phased Construction Reauirements: To enable adiacent properties
43 to develop in a timely manner, the City shall have the right to reauire as a
44 part of the final plat of any phase the dedication of appropriate easements
45 and / or riaht of way and extension of streets and / or utilities throuah
0 46 future phases to such an extent as to assure that the extension of utilities
47 to adiacent properties will b compl ted with th first phas .
1 See also sections 9-1-5, 9-10-3 and 11-3-3N of this code.
44
1
~ 2
3 11-4-9: DRAINAGE FACILITIES: Storm sewers, culverts and water
4 drainage facilities shall be required when, in the opinion of the Engineer, such
5 facilities are necessary to ensure adequate drainage for the area. All such
6 drainage facilities shall be constructed in accordance with stilR~ams aR~
7 sliileeifieatiBRs establis!;Je~ by t!;Je eity the City of Andover's Water Resource
8 Manaaement Plan and / or the Coon Creek Watershed District or Lower
9 Rum River Watershed ManaQement Oraanizations' plans. Drainage facilities
10 shall be provided to convey surface water to publicly owned or controlled
11 drainage facilities. (Amended Ord. 10,2-15-1972)
12
13 11-4-10: SIJBSIJRFACE CONQI:rIONS
14 GEOTECHNICAL REPORT: ne slolb~i':i~er sl;:tall ealolse tests te be ma~e Bf
15 slolbslolrfaee eBR~iti8Rs tB ~etermiRe tl;:te Ratlotre i1R~ exteRt ef slolbslolrfaee seil, rBek
16 aR~ v:atef.. Tl;:te IBeatiBR aR~ reslollts Bf sili~ tests sl;:tall be ma~e a\'ailable te tl;:te
17 eity. (.^.meR~e~ Om. 1Q, :2 15 1972~ The subdivider shall submit a standard
18 aeotechnical report with a historv and recommendations reaardina the site,
19 In addition, the report shall include SCS soil types, mottled soil elevations
20 or hiahest anticipated water table, existina aroundwater elevation, and soil
21 borinas to a minimum depth of 20 feet.
22
23 11-4-11: WATER AND SEWER SYSTEMS: Where connection with the city
0 24 water and sanitary sewer system is deemed feasible by the Council, the
25 subdivider shall be required to install water and sanitary sewer mains and
26 services in the subdivision in addition to permanent streets at the sole expens
27 of the subdivider with exception to Trunk Sanitarv Sewer and Water Main
28 improvements as identified in the City's Assessment Manual. The Trunk
29 costs will be reviewed by the City per the City's Development Guidelines
30 for Infrastructure Improvements, (Amended Ord. 10,2-15-1972)
31
32 11-4-12: SIDEWALKS AND TRAILS: Where sidewalks and trails
33 pe~estriaR":ays are required by the City Council and pursuant to Minnesota
34 State Statute, they shall be hard surfaced in accordance with city standards.
35 Grades shall be approved by the Engineer. Sidewalks shall be placed in the
36 public right-of-way BRe feBt (1 ') fmm tl;:te IiilfeliileFty liRe aR~ sl;:tall be at least five
37 feet (5') '::i~e in a location determined by the City Enaineer and shall be a
38 minimum of five feet(5') wide. Reaional Trail improvements (8' to 10' in
39 width) are identified in the City's Transportation Plan, If a trail within a plat
40 meets the definition and location of a reaional trail, then the City will fund
41 such improvements, If an internal trail is reauired throuah the plattina
42 process and does not meet the definition and location of a reaional trail.
43 then the improvements shall be at the sole expense of the subdivider.
44 (Amended Ord. 10,2-15-1972)
0 45 11-4-13: PUBLIC AND REGULATED PRIVATE UTILITIES:
46 A. Underground Utilities: All telephone, cabl teleyision, communications
45
1 eauipment, electric and gas service lines shall be placed underground
(I 2 within dedicated public ways or recorded easements in such manner as
3 not to conflict with other underground s rvices and in accordance with city
4 standards. All underground installation of service lines within street rights-
5 of-way shall be completed as determined by the City Enaineer Iiilrier te
6 street slollfaeiR!J. ""IiilBR eemliilfetfBR Bf tl;:te iRstilllatiBR ef loIR~er;gmlolR~
7 sePi:iee liRes iR ~e~ieilte~ plolblie 'l:ays, iI traeiR!J aR~ 11::e (.2) Gepies 9f
8 IiillaRs i1R~ SliileGmeatieRs SI;:tB\'iliR!J tl;:te eBmliillete~ iRstallatiBR sl;:tall be fife~
9 y!itl;:t tl;:te Clerk.
10 B. Utility Poles: All utility poles, except those providing street lighting, shall be
11 placed in rear lot line easements.
12 C. Easements: All underground utility service lines, including water,
13 drainage and sanitary sewer systems, which traverse private property
14 shall be installed within recorded easements. (Amended Ord. 10, 2-
15 15-1972)
16 D, Overhead Utilities: All existina overhead utilities within the plat shall
17 be buried at the expense of the subdivider.
18
19 E, Phased Construction Reauirements: As part of any phase of
20 development the City shall have the right to reauire the dedication of
C 21 appropriate easements and the construction of streets and utilities to
22 the edae of the development throuah future phases. Extension of
23 streets and utilities will enable adiacent properties to develop in a
24 timely manner,
25
26 11-4-14: DEAD AND / OR DISEASED TREES: Dead and / or diseased
27 trees shall be reauired to be treated and/or removed as per City Code Title
28 4-3 and as identified in the Development Aareement.
29
30 11-44415: NONCONFORMING PROVISIONS: Nonconformance with the
31 standards and ordinances of the city in the development of property by the
32 subdivider or hislher agents shall be cause for the Engineer or the Administrator
33 to order cessation of all construction within the subdivision. In such event, no
34 further construction shall be allowed until written authorization is obtained from
35 the city. (Amended Ord. 10,2-15-1972).
36
37 11-4-16: OFFICIAL SURVEY MARKERS: Official survey markers or iron
38 monuments shall be placed at the comer of each lot The locations of each
39 shall be shown on the final plat.Piliiles Br steel m~s sl;:tilll be Iiillaee~ at eael;:t
40 eBmer ef eael;:t let, aR~ tl;:te leeiltieR tl;:tereBf sl;:tall be SI;:tB'.VR.
41
42
C 43
44
46
.
.
C 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
PRELIMINARY PLAT APPLICATION CHECKLIST
All preliminary plat submittals are reviewed for completeness using this checklist,
Applications found to be incomplete will be returned to the applicant, No public
hearing will be scheduled until a complete application has been reviewed for
compliance with applicable regulations,
Name of Proposed Development:
Date of Submittal:
Complete: Yes - No_
Submittal Review Conducted by:
REOUlREDPRELIMINARY PLAT DATA.
0 A complete Preliminary Plat application and application fee.
0 A complete preliminary plat submittal contains 8 full size plan sets, one l1x17 and
one 8xll reduction of the following drawings:
0 . Preliminary Plat
. Grading, Drainage, Erosion Control, and Tree Protection Plan
. Preliminary Street and Utility Plan
. Landscaping Plan (If Required)
o . A complete preliminary plat submittal also contains three signed and bound copies
of each of the following documents:
. Geotechnical (Soils) Report
. Storm Water Management Plan (Hydrology Report)- See the Water
Resource Management Plan Developer's Requirements handout (attached).
0 An Abstract of Title or Registered Property Abstract, certified to date,
covering the property to be subdivided.
These plans and documents must contain all the information described below to
constitute a complete preliminary plat submittal:
ALL SHEETS:
0 Proposed name of subdivision. wRiGR The name shall not duplicate nor be
alike in pronunciation to the name of any plat previously heretofore
recorded in the county. (Amended Or-d. 10, 215 1972; amd. 2003 Code)
0 0 Name and appropriate certification of the preparer of the plan, f3'1at.
0 Certifloation by Registered Land Sur\'oyor certifying to accuracy of survey.
0 Graphic scale of not smaller than one inch to fifty feet (1" = 50').
Q 0 North point, designated as true north.
Date of preparation and r vision(s), alona with revision d scriptions.
0
0 L3yout of proposed streets, shm':inEl right of way widths and proposed
names of streets. The name of any street heretoforo used in the oity or its
en'.'irons sh311 not be usod, l:lnless tho proposed street is an extension of an
31roady named Gtraet, in whioh ovent, said name shall be used. Layout of
proposed streets, including street centerlines, curb and gutter, and showing
right-of-way widths and proposed names of streets. The name of any street
heretofore used in the city or its environs shall not be used, unless the
proposed street is an extension of an already named street, in which event
said name shall be used.
0 Locations and widths of pedestrian wayr;; and utility easoments. Locations
and widths of proposed trails, sidewalks, trail easements and drainage and
utility easements.
0 Layouts of lots and blocks with numbers of each. .
0 A leaend providina symbols and labels for each feature indicated on
the plan sheets,
0 0 Location and names of existing or platted streets and other public ways
(including type of surfacing), railroads, parks and public open spaces,
permanent buildings and structures, easements, sanitary sewers, water
mains, storm sewers, gas, telephone, electric, cable TV, culverts, grades,
invert elevations and locations of catch basins, manholes and hydrants and
any underground facilities and section and municipal boundary lines within
the plat and to a distance of one hundred feet (100') beyond. (.^,mended
Ord. 10, 2 15 1972)
0 Location of designated building pad for lots without municipal water and
sewer. The building pad must provide a minimum of 3,600 square feet of
contiguous buildable land area.
0 For lots without municipal sewer, provide the location of two 5,000 square
feet areas designated for the primary and secondary on-site septic drain
field based on design criteria for a four (4) bedroom home and in
compliance with Chapter 7080 as amended. The design specifications for
the drain fields shall be submitted in a report at the time of the submittal of
the preliminary plat.
0 Location of all delineated wetlands and the floodplain boundarv (flo d
frinae and floodway areas), Any areas of flood plain proposed to be
0 removed and/or revised must else be indicated.
0 The preliminary plat shall r;;hov: Ihe location of all area identification signs.
Conditional Use Permit for area identification signs shall be applied for in
2
.
0 conjunction with the prolimiAary plat in accordance '....ith the zoning
ordinance. (Amended Ord. 1Q, 2 15 1972)
Q Location of Existina Trees,
PRELIMINARY PLAT:
Q Full legal description and property identification number(s) of the land
involved in the plat.
Q Names and addresses of the owner and subdivider of the land. If the
subdivider is not the fee owner of the land, the subdi':ider shall submit the
written consent of the fee owner to the filing of the preliminary plat fee
owner shall be reauired to sian the preliminary plat application alona
with the subdivider,
Q Statement of proposed use of lots, Le., whether residential, commercial,
industrial or combination thereof. If residential, state type and number of
dwelling units. Furnish sufficient details for all types of usage in order to
reveal the effect of the subdivision development on traffic, fire protection
and density of population. If zoning changes are contemplated, provid the
proposed zoning plan for the area.
0 Q A location map showing the plat location in the city. The location map shall
ha':e an approximate scale between one inch equals one thousand fi':e
hundrod foet (1" - 1,500') and one inoh equals 1\...0 thousand feet (1"-
2,000') and shall be of sufficient size to locate the plat rolative to the nearest
county r03dw3Ys. The location map shall show the proposed street layout
3nd the I:lyout of all existing streets platted or unplatted, within one half
(1.(2) mile of the proposed pl:lt. The streets and roadV':ays shall be labeled
with their proposed or existing names. ^dj3oent platted arcas shall be
13beled '.\lith their plat name.
Q Total acreage, calculated to the nearest 0.1 acre.
Q Plat area shown as follows: total area, area of dedicated county road right-
of-way, park area, wetland area (including 16.5 foot buffer strip), storm
water pond area below the 100 year flood elevation and including the
16.5 foot buffer strip.
Q The preliminary plat shall show Ihe number of linear road miles within the
plat.
Q Existing zoning classifications for tract of land in and within three hundred
0 feet (300') of the preliminary plat.
Q If the preliminary plat is a rearrangement or a re-plat of any recorded plat,
the lot and block arrangement of the original plat, its original name, and all
revised or vacated roadways shall be shown by dotted line. (Amended Ord.
3
.
10, 2 15 1972; amd. 2003 Code)
0 CI All boundary line surveys, including measured distances and angles, which
shall be tied into the nearest quarter section or section line by traverse.
CI Boundary lines of land within one hundred feet (100') of the tract of land
within the plat, and the name of the owner thereof, bYt and including all
contiguous land owned or controlled by the subdivider or owner outside of
the tract proposed to be platted.
CI Square footage of lots and lot dimensions scaled to the nearest foot.
CI Minimum front and side yard building setback lines as required by the City
Code, zoning ordinanoe of the city.
CI Areas, other than streets, pedestrian-ways and drainaQe/utility easements,
intended to be. dedicated or reserved for public use~ including the size of
such ar03S.
CI Source of water supply.
CI Facilities for sewage disposal.
0 CI Floodplain management area boundaries for Coon Creek, Cedar Creek, and
the Rum River. Identify the location of the proposed plat as either in
the Coon Creek Watershed District or the Lower Rum River Watershed
Manaaement Oraanization.
CI Whenever a portion of a tract of land is proposed for subdividing, the entire
parcel shall be required to be included in the preliminary plat. A sketch plan
for all adjacent undeveloped land shall also be required as part of the
preliminary plat. Potential locations for future right-of-way and roadway
extensions shall be provided. Such future subdivision shall include:
proposed lots, road easements for cross streets, utility easements, and such
other data as required for future subdivisions. When an indi':idual applies for
a building permit on such a lot, he shall submit a scalod site plan showing
the location of the proposed structure on the lot so that it will be located in
conformance .....ith the proposed ro subdivision street patterns. The home
shall be pboed so that it will not be in conflict with the proposed stmet
pattern of s3id re subdivision.
GRADING, DRAINAGE, EROSION CONTROL, AND TREE PROTECTION PLAN:
CI Topographic data, including contours at vertical intervals of not more than
0 two feet (2'); except, that where the horizontal contour interval is one
hundred feet (100') or more, a one-foot (1') vertical interval shall be shown.
Watercourses, lakes, marches, delineated wetlands, wooded areas, rock
outcrops, drainage tile, and other significant physical features shall be
shown. U.S. geodetic Anoka County Coordinates and survey datum shall
4
,
0 be used for all topographic mapping where available.
CI An overall grading/drainage/erosion control plan showing existing contours
at two foot (2') intervals in dashed lines and proposed contours in heavier
solid lines. Minimum basement floor elevations of all proposed buildings
shall be shown. Maximum slope areas shall be four to one (4:1) or as
approved by the City Engineer. Note: On urban plats, a development plan
identifying each lot shall show proposed elevations at all lot corners and
intermediate proposed elevations along all lot lines or any additional location
as deemed necessary by the Engineer and shall be submitted and accepted
by the city prior to the issuance of building permits.
CI The buildable area of lots without municipal sewer and water shall be
required to have a finished grade of at least six (6') feet above the seasonal
high water mark and shall also require the lowest floor to be a minimum of
three (3') feet above the seasonal high water mark or two feet (2') above the
designated or designed one hundred (100) year flood elevation whichever is
higher.
CI Proposed lots with municipal water and sewer shall provide a lowest floor at
least three feet above the seasonal high water mark or two feet above the
designated or designed one hundred year flood elevation whichever is
higher.
0 CI Proposed method of disposing of surface water drainage within and beyond
the limits of the plat.
CI A 16.5-foot wetland buffer shall be shown adjacent to the delineated edge of
all wetlands and the normal water level of all storm water ponds.
CI The first 110 feet of each .Iot shall be buildable. The 11 O-foot buildable area
must be outside of the 16.5-foot wetland buffer and above the 100-year
flood elevation.
CI Siaht distance trianales for all intersections on city streets as reauir d
per the MNDOT Road Desian Manual, Any city street that intersects
with a County road shall meet the reauirements of the Anoka County
Hiahway Department.
CI A Tree Protection Plan shall bo r<lEll:lireel showing all information as defined
by the Tree Preservation Policy as adopted by the City Council. and on filo
in the City Clerk's office.
CI All proposed lots shall be shown in a table on the grading plan labeled "Lot
by Lot Tabulation" containing minimum basement floor elevations, the 100
0 year flood elevation, the mottled soil elevation or the highest anticipated
water level, type, proposed garage floor elevation, and percent grade of
driveway. In addition, the street centerline elevation, lookout elevation,
lowest opening elevation, top of window well elevation, and emergency
overflow elevation must be included in the Lot by Lot Tabulation.
5
(; PRELIMINARY STREET AND UTILITY PLAN:
0 Profiles of existing and proposed centerline grades of streets, storm sewers,
drainage ditches and culverts; also sanitary sewers and water mains where
required by the platting authority.
LANDSCAPING PLAN (IF REQUIRED):
0 A landscaping plan showing proposed landscaping and/or screening from
public roadways for double frontage lots, Planned Unit Developments, and
urban lots that abut permanently rural areas, as required by City Code 11-3-
1-F.
ADDITIONAL INFORMATION TO BE FURNISHED:
0 Three signed and bound geotechnical reports with recommendations. The
report must also include SCS soil types, mottled soil elevations or highest
anticipated water table, existing ground water level, and all soil borings must
be performed to a minimum depth of 20 feet.
0 0 Three signed and bound storm water management plan reports which
include the proposed method and calculations for disposing of surface water
drainage within and beyond the limits of the plat as required in the City of
Andover Water Resource Management Plan and/or the requirements of the
appropriate watershed management organization or watershed district.
o A copy of the restrictive covenants, if any, concerning the property being
platted.
0 Upon completion of the first review, the City Engineer may, at their
discretion, require a traffic impact study.
0 Such other information as shall be requested by the City Council, Planning
and Zoning Commission, or Engineer.
0 The .^.ndover Review Committee shall re':io'll all revisions to the ~reliminary
plat. If the revision is significant, it '....i11 bo fOIV.<arded to tho Planning and
Zoning Commission and!~r the City COI::IFlElil for reviow.
0 In are3S 3ffectod by inadequate surfaElo (ijroinage or subjected to periodic
flooding, furnish proposals designed to make the mea safe for oCEll:lpanoy
and to provide for adequate street and lot 9rainage.
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0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
"
FINAL PLAT APPLICATION AND CHECKLIST
Name of Development:
Date of Submittal:
Street Location of Property:
Legal Description of Property:
. Is property Abstract _ or Torrens
Note: If legal description is not provided the application is incomplete, If legal
description is longer than a few lines, please submit electronically,
Final Plat Application Fee = $150.00 Date Paid: Receipt:
0 Property Owner: Phone:
Address: Fax:
Signature:
Note: If property owner has not signed the application, the application is
incomplete,
Applicant: Phone:
Contact Person: Phone:
Address: Fax:
Required Final Plat Data: It shall be a condition to the approval of a fmal
plat that the following data shall be shown on said plat or shall be furnished
therewith:
0 Municipal, township, county or section lines accurately tied to the boundaries of
the subdivision by distances and angles.
0 Accurate angular and lineal dimensions for all lines, angles and curvatures used to
describe boundaries, streets, easements, areas reserved for public use, and other
important features shall be shown. Complete curve data shall be shown, including
0 radii, internal angles, points and curvatures, tangent bearings, and lengths of all
arcs. Dimensions of lot lines shall be shown in feet and hundredths of feet. No
ditto work shall be permitted in indicating dimension.
..
~
'ANDbvi~
0 IJ Official monuments as designated and adopted by the County Surveyor and
approved by the district court for use as judicial monuments shall be set at each
comer or angle of the outside boundary of the fmal plat. Location of all
monuments shall be shown.
IJ Official survev markers: The location of all survev markers shall be shown
on the final plat, Pipes or steel rods shall be placed at each comer of each lot,
and the location thereof shall be shown.
IJ An identification system for all lots and blocks shall be shown.
IJ Streets shall be named, and all names shall be shown. A sequence of street
naming shall be followed consistent with the pattern that has been established for
the City, in the area.
IJ In the event the final plat is a re-plat of an earlier subdivision, the original platting
of the subdivision shall be shown and identified by dotted lines.
IJ Judicial and county ditches shall be shown by dimensions and angles as
determined from county records.
IJ Floodplains and wetlands Low land aRE! '-'rater areas shall be indicated by an
0 identification symbol.
IJ The maximum high water level as defmed in the Department of Natural
Resources' Statewide Standards and Criteria for Management of Shoreland Areas
of Minnesota shall be shown.
IJ All utility and drainage easements, and the dimensions thereof, shall be shown.
IJ The names and platting of adjoining subdivisions shall be shown and identified by
dotted lines to a distance of one hundred feet (100') from the boundaries of the
subdivision under consideration. Lot, block and street arrangements of such
adjoining subdivisions shall be shown. Where adjacent land is unplatted, it shall
be so indicated.
IJ The Dlat shall be on Anoka County coordinates and Anoka County survev
datum,
IJ Before any residential plat may be approved and before any permit may be issued
for a residence therein, the subdivider shall first present competent proof that the
natural ground water level at all times in said subdivision is not less than three
feet (3') below the level of the lowest portion of the proposed structure, or that a
satisfactory system of ground water control will be constructed as an integral part
0 of the proposed residential subdivision.
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CITY OF ANDOVER
COUNTYOFANOKA
o STATE OF MINNESOTA
ORDINANCE NO. SUMMARY
AN ORDINANCE REVISING TITLE 11 "SUBDIVISION REGULATIONS" OF THE
ANDOVER CITY CODE
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statute 462.
Policy
Title 11 ofthe Andover City Code dates back to the original 1974 draft. Much of the language is
outdated and needs to be brought in line with current use, policy, and regulations. Checklists
itemizing all requirements for preliminary and final plat submissions are a part of the approved
changes to code.
GENERAL PROVISIONS AND DEFINITIONS
o J'd' t"
UriS lC IOn
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular'hours of
the City Clerk.
Adopted by the City Council of the City of Andover on this _ day of 2007.
ATTEST: CITY OF ANDOVER
o Victoria V olk, City Clerk Michael R. Gamache, Mayor
0 @
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 October EDA Meeting
DATE: September 18, 2007
INTRODUCTION
The Council is requested to schedule an Economic Development Authority (EDA) meeting at
6:00 pm before the October 2, 2007 City Council meeting.
DISCUSSION
0 Tentative agenda items for an EDA meeting have been identified as follows:
1. Update on Economic Development Activities
2. Review Latest Letter ofIntent
3. Purchase Agreement Updates
4. Discuss Bunker Lake Blvd. Redevelopment Opportunities
5. Progress Report - Bunker Lake Blvd. Medians
6. Other Business
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 October 2,2007 City Council meeting.
----
0
(j!:J
0
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 October Council Workshop
DATE: September 18, 2007
INTRODUCTION
The Council is requested to schedule a Special Council Workshop for the month of October for a
number of miscellaneous business items.
DISCUSSION
0 Potential agenda items for an October workshop have been identified as follows:
1. Comprehensive Plan Update Progress Report
2. 2008-2012 CIP Progress Report and Discussion
3. 2008 Operating Budget Progress Report and Discussion
4. 2008 Capital Projects & Utility Funds Budget Discussion
5. Council Goal Implementation Items
Other items may be added upon request.
ACTION REOUIRED
Schedule a Council Workshop, a suggested date is Tuesday October 23rd at 6:00 p.m. or another
date or time acceptable to the Council.
Q
0 @)
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: September 18, 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
0 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.
0