HomeMy WebLinkAboutCC August 17, 2004
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, August 17, 2004
Call to Order - Following EDA meeting scheduled at 6:00 p.m.
Pledge of Allegiance
Resident Forum
a. PresentationINorth Metro Harness Group - Administration
Agenda Approval
1. Approval of Minutes (6/29/04 Workshop; 7/27/04 Workshop; 7/28/04 Special; 7/29/04 Special; 08/04/04
Special; 8/04/04 Regular; 8/04/04 Exec, Session)
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Consent Items
2. Approve Payment of Claims - Finance
3. Approve No Parking Resolution/04-\3NMB Through Proposed Woodland Estates 6th Addition-
Engineering
4. Declare Costs/Order Assessment RoIV03-5/City View Farm - Engineering
5. Appoint Election JudgeslPrimary Election - Clerk
6, Approve Dog Kennel License Renewals - Clerk
7. Approve Ordinance change for City Administrator - Administration
8_ Appointment Recommendation/City Administrator - Administration
9. Approve Purchase Agreement/I 853 Crosstown Boulevard NW - FinancelAdministration
10. Approve Conditional Use Permit/Sign for Andover Christian Church/I 6045 Nightingale St. - Planning
10. a. Extend Liquor License!Ianner's - Clerk
Discussion Items
II. Receive Anoka County Sheriffs Department Monthly Report - Sheriff
12. Public Hearing/Consider Resolution Modifying Development Dist. No. I and Tax Increment Financing
Plan for TIF Dist. No. 1-4 - FinancelPlanning
\3. Approve Proposed By-Law Changes-Andover Firefighters Relief Association - Fire
14. Consider Sketch Plan/I5941 Hanson Boulevard - Planning
Staff Items
15. Schedule EDA Meeting - Administration
Mayor/Council Input
Adjournment
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER,MN,US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, Finance DirectorlInterim City Administrator
SUBJECT: Presentation/North Metro Harness Group
DATE: August 17,2004
INTRODUCTION
Representatives from the North Metro Harness Initiative LLC will be present to provide the
Council with a presentation on their proposal in Columbus Township. Various materials are
attached for the Council's review,
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'-./ ACTION REOUESTED
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The Andover City Council is requested to receive a presentation from the North Metro Harness
Initiative LLC.
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SOUTHWEST CASINO
AND HOTEL CORP.
July 15,2004
Mr. Jim Dickinson
City Administrator
1685 Crosstown Boulevard N.W.
Andover, MN 55304
Dear Mr. Dickinson:
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I
Thank you for discussing the North Metro Harness Initiative with John Derus. We look forward to
making a short PowerPoint presentation to the Mayor and City Council on Tuesday, August 3, 2004
at 7:00 p.m. As we discussed, this is an informational meeting, We would hope that if you look
with favor on our project, you might pass a resolution in support as have other cities and
organizations in Anoka County, copies of which support letters and/or resolutions are enclosed
herewith. We are also enclosing a black-and-white copy of our PowerPoint presentation.
If you have any questions, please do not hesitate to contact me.
Thank you.
Very truly yours,
.JA,/?W:W--~. ~.
Thomas E. Fox
Chief Financial Officer
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Enclosures
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2001 Killebrew Drive. Suite 306 Minneapolis, MN 55425 Phone: (952) 853-9990 Fax: (952) 853-9991 swcasino.com
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16319 Kettle River Blvd, . Forest Lake, MN 55025
Phone" (651) 464-3120.
Fax (651) 464-5922
October 22, 2003
Minnesota Racing Commission
P.o. Box 630
Shakopee,~ 55379
Re: North Metro Harness Initiative, LLC Proposal
Columbus Township, Minnesota
Dear Commission Members:
Columbus Township Board has reviewed an Application for Consideration of Non-
Binding Concept Review (the "Application") submitted on September 16, 2003, by North Metro
Harness Initiative, LLC (the "Applicant") that involves a harness racetrack and card club (the
"Track") to be located in the Town of Columbus adjacent to Interstate Highway 35 at County
Road 23.
On October 15, 2003, the Town's Planning Commission held a public hearing and
unanimously recommended to proceed with the concept of the Application.
On October 22, 2003, the Columbus Town Board held a public meeting to receive
comments. regarding the proposed Track and to act on the Planning Commission
recommendation,
Please.be advised that the Town Board reviewed the concept plan submitted with the
Application and supports approval by the Minnesota Racing Commission of the necessary
licenses for the Applicant and the Track. The Board's action is subject to review and approval of
an environmental assessment worksheet, rezoning, conditional use permit, site plan, traffic
management plan, extension of sanitary sewer, building permits, and any other applicable
permits and approvals. The Town will continue to work with the Applicant and other affected
parties with the development of this site. Please contact me if you have any questions regarding
this matter.
Sincerely yours,
COLUMBUSTO~BOARD
By:1Y1f 1_ m..B:J-t t J -,
Mel Mettler, Town Board Chair
18789/0001041051842-2
BOARD OF COUNTY COl\tIMISSIONERS .
Anoka County,' Minn~sota
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DATE: De..m.ber 16, 2003
OFFERED BY COMMISSIONER: Erbart
. RESOLUTION 1#2003-.155
SUPPORTING. A POSSIBLE
IIA.RNESS HORSE RACING TlLI.CK
INAJIlOICA COONTY
, WHEREAS, !llc Ano!cl County BoanIofCommlssioncts welcomes l!lr:'oppoltlIDiIy to considt:rmajor
economic developmen, .OPl'<dwil1es _ may briDg iDac:lsed n:VCIlW:S and ""h~'"'"<i employmen,
opponllDilics into !llc COUDty; md..
WHEREAS. in Jul}< zeOI. !llc AnokaCounty Board at r,,""";.flODaS inidau::ddu: ~incn' of a
......tegy to detcnnine how !llc county may lie.usm, ""d prmnoIc loc:d economic dcvclopmcnt efforts; ""<I. .
WHEREAS, on Sq>tcmbcr 24. 2llO2, Anolea County board members =:.cived l!Ic.proposed =gy
cotidcd, ''Waridng Togctbcr to Shape !llc Fuwre of Anoka County," witb the ovcr.lll goal of attnu:ting
. developmen, to Anolta County that wiU c:colll man: quality jolls, c;q>and lbe tax b.... impmve the divemty
and quality ofbousing. ilIld improve tnmsportldon; and, ,
,
WHEREAS. !he Anolea County BoardofCommissionen bas n:ccgnizcd!he no:dforplll'Dl<sship with
businc.u and /oc,U gnvcmmcnt to adlicve ill goals; and,
WHEREAs. Anolea COUDty bas a sua:es3fUl n:<:ord of working Cllopcrntivdy wid. develope:> and' .
with !he state Jegisl"""" in CSlablWling major facilitii:s within '!he county; including S1lC!1 faci1jiics lIS me
Medlnmic WorldHcadquar1lm inFridlcy. !llcNational Sports Centcriu Blaine, and thcTournamcnt Players
Onb (TPC) in Blaine; and, ,
WHERE....S. lben: is a privaic effort c:illed lhe North Mclro Harness Trni:Jc iniriali"" for a possible
!Jarnc.. iuUsc l)lCing lraA:k to be developed ill Columbus Townsbip in Anob Coumy; :wi,
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WHEREAS, the North Metro Ham... Trod: initiative has b=n stipported by manypublic and privutc'
~izarions. including- the: Notth Metro Clamber af Commerce, North. Metro MIyors Assocmao~
C31umbus Township Ecooomie Developmen, o,mmi..ion, Columbus Townslti!l l"-'1Iming Commission, :md
C,lumbus Township Boartli and, .
WHEREAS, a succe3sful1lame3s tract devdoprncu would" likely ~ jOb growth. a lxrost to. the
area agric::dtumi industry, business C%Jl'll1.'lion, and an i=sc in tax base for both Analea County :md. .
Columbus Township: .
NOW. TIffiREFORE. BE IT RESOL VEl) that the Anoka County Board of Cm..mi,.;nn..... supports
!he continued effo.... of the Non!> Metro Harness 1iacl: '0 build a harness h"",e lr.lcl: in Anolea County, .
STA7'B OF WNNBSOTA)
COUNTY OF ANOILl J ....
1. Joba '"Jay- \hoT ;..~ Caamty
_........ AlIOb O>ao<y.lIlhmc:I....h=by
cenity diad have CDlapan:d die forqoiag c::apy 01
lba. n::sOhuio-. of the CDUD.ty board o( saki c:aWKY
with ma origilW rceorct rhcn:at oa tile ill the
AdminisImioa Officc.AaabCoaauy.:\r- ca.
asswe.d ill dae miau.1CS of thO pIOCC:diags ofuXl
board. a.t.. mectiRg"du.1y bc1d oa,~ 16-
2003, aQd ttw: the same it a lrUc IDd c;OltCd copy
of said ongma.l m:cni aM. of me wobble UIa'eof.
aDd..ctw!lid rc:soIatiQa"WU duly passed by..Laid ~
board at said. mcc:siag.
WitDdS myhaadlmdsc:&l thb lCitbday 0(
Ilc=nber2l103.
YES
NO
DIrnuct in - BaG
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Absent
D=rr!13 - LANGFEUl Abstain
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Drsnucr#5 -MCCAIJIEi X
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COlJNTY ADMINIS1'lI.A'IOR
D~CT#6-SN~AH.
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DJ:STRJI:l"#7 - ERHART
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COUNTY OF ANOKA
OFF1CE OF COUNTY BOARD OF COMMISSIONERS
GoVERNMENT C.ENrER.
2100 3RDAVENUE. ANoKA,MlNNEsoTA 55303-2265
(763) 323-5700
May 13, 2003
DAN ERHAllT. CIAJRMAN
Coumy Soan! of Commissi""","
Mr. James Druck, President
Southwest Casino and Hotel Corporation
2001 Killebrew Drive, Suite 306
Minneapolis, MN 55425
Re; North Suburban Trotters Park
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Dear Mr. Druck
As chair of the Anob County Board of Commissioners, I would like to express my suppon for your
company's plans to build the North Suburban Trotters Park here in Anoka County.
I believe this development will bring considerable benefit to Anoka County, as well as to the State
. vi ~..1inn~u~ :t\-'~~;; "ti-::."'l- would enhanc= an ~y .~trang eqcine''-mStst::y iu i~(,ka c.~u.u.ty,
as well as a new cntert~inmrmt venue for our area. "
I thank you for considering Anoka County for this development, and I encourage' you to continue in
your efforts.
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Dan Erl1art, Cha;Tm3n
Anoka County Board of Commissioners
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FAX; 76:3.323-5682
Amrmative Action I Equal Opporumity Employer
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1DDfITY: 763-323.5289
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NORTH METRO MAYORS
ASSOCIATION
April 22, 2003
Mr. lames Druck
President
SoU!hwest Hotel and Casino Corp.
2001 Killebrew Drive . .
Suite 306
Minneapolis, MN 55425
Re: North Suburban Trotters Parle
De3l'Mr. Druck:
The North Metro Mayors Association wishes. to express its encouragement to your company as it
pursues support for building the North Suburban Trotters Park in the City of Blaine.
NMMA understands the benefits to the state and region that this project could provide:
. $70 million in new tax revenues in the first y= of operation and potentially $90
million in future years.
. 1,500 new jobs with. a total payroll of$35 million.
. Provide a new entertainment venue for the region and a home for harness racing - a
historical popular attraction in Minnesota.
. Mavhe 1II0st imllorlmrt - it will he llrivatelv fbumcl!tl.
Our members appreciate the efforts that your company has put forth to bring this opportunity to the
North Metro. area. Thank you for your creative approach to help stimulate the stite and local economy.
NMMA =Ogrllzes that many hurdles remain and numerous agencies and orglm;""t;Ons will need to
consent before your proposal may become reality. However, NMMA encourages, your company to
continue its efforts. Economic development in the North Metro area is a key objective for NMMA.
Your proposal c::rtainIy qualiiies as both a creative and innovative approach to achieving that goal.
8525 F.dinbrook ~Suite#5,Brooifyn Park,MN 55443
TEL(761)4q~~l1~ A F.yli~)4?4.11i4
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The North Metro Mayors Association is comprised of the fonowing Communities.
Anoka, Andover, Blaine, Brooklyn Center, Brooklyn Park, Champlin, Circle Pines, Coop Rapids,
Czysta\, Dayton, Fridley, Lexington, Maple Grove, M;nn""polis, Mounds View, New Brighton, New
Hope, Oak Grove, Ossco, Ramsey, RobbinsdiUc, imd Spring Lake Park.
- Sincerely,
TII METRO MAYORS ASSOCIATION
D. Str.uJss
Vice President and COO
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MetroNorth
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April 17, 2003
Mr. James B. Druck, President
Southwest Casino and Hotel Corp:
2001 Killebrew Drive, Suite 306
. M"mn""1!">lis, MN 55425
Dear Mr. Druck:
SUBJECT: North Suburban Trotters Pm:k
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Thank you and your team for making such a compelling presentation to our Board of
Directors on April 91h. It isn't often these days that we hear such encouraging
development plans for the North Metro area!
Economic development is a high priority for our SOO-plus business members. The.
MetroNorth Chamber of Commerce is one of the largest. and most active business
org;mi""tions in the State of Minnesota, and we will be pleased to welcome Southwest
Casino and Hotel Corporation to our area. We especially like to hear that Trotters Park
will create nearly 300 quality jobs and contribute tens of millions of dollars to the stme
and local economies. The north metro area is long overdue for this kind of significant
development.
We're delighted that you have selected our area for this development project. Please feel
free to contact either of Us whenever you have questions or issues where we cari assist
your efforts.
Sincerely,
~~
Thomas Snell, President
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~udy Stephenson, Board Chair
CC: JobnDeros
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277 Coon Rapids Boulevard, Suite 101 . Coon Rapids, Minnesota 55433 . (763) 783-3553 . Fax (763) 783-3557
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February 6, 2004
12147 Radisson Road'NE
Blaine, MN 55449
(763) 757-3390 .
Minnesota Racing Commission
PO Box: 630
Shakopee, MN 55379
Dear Commissioners:
I am writing today to lend my support as a citizen of the North. Metro area to the effort to
construct a harness track in northern Anoka County.
It has alwaYs been my desire to increase the jobs and tax base of our co=unity so that
our young people continue to have economic opportunity in our area.
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. Sincerely,
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. Tom Ryan
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FOREST LAKE AREA
Chamber of Commerce
Where Business and Success Meet
Whereas the North Metro Harness Initiative has identified a site for a future harness racing
track in Columbus Township;
And whereas they are proceeding through. all of the legal steps at all governmental levels;
And whereas this will be a private enterprise paying its fair share of taxes;
And whereas this project has the potential to be a valuable tourism and economic development
tool for the northern metropolitan area;
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Be it resolved that on Februaxy 12, 2004 the Forest Lake Area Chamber of Commerce Board of
Directors voted to support the efforts of North Metro Harness Initiative in their bid for a
harness racing track in Columbus Township.
~~ S2~~
. Chair President
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Serving the communities of Columbus, Forest Lake, Lent, Unwood, Scandia, Stacy. and Wyoming
56 East Broadway. P.O. Box 474 . Forest lake, MN 55025-D474
651-464.3200. Fax 651-464-3201. www.flacc.org
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S~nt By: TYRONE TRANSPORTATION'
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78378779708;
Feb-13-04 2:02PM;
Page 1/1
Ham Lake
CHAMBER OF COMMERCE
"We iH.ellll Business"
February 12,2004
Minnesota Racing Commission
P.O, Box 630
Shakopee, ~N 55379
Ladies and Gentlemen:
We are writing you today to support the building of a harness track/card room facility in
Anoka County. We feel that this would be a profitable addition to our community and
would increase both availability of jobs and tax base in northern Anoka County.
Thank you for your kind consideratioIL
V::;'YY:; r;
Leo Ll1Ske~
Ham Lake Chamber of Commerce
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To the State Racing Commission,
., am writing this letter to let you know that a lot of people here on the east
side of Anoka County are in favor of the racetrack an.d card room in
Columbus Township. I have traveled the east side for weeks passing
information on about the stadium and also the track in Columbus Township. .
Ihave had very good response on both issues. Only four people voiced a
no vote, they want everything to stay the same.
I truly hope you will take into consideration that this will promote jobs in this
area. We truly need jobs here as Gander Mountain found out when they
said they needed 1,500 people for their store and received 15,000
applications.
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Please work with us to make this happen. The people in my community will
be one step closer to having jobs closer to home.
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Keith Per1ich
Mayor of Circle Pines, Minnesota
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FEB-16-2004 16:36 CONNEXU5 ENERGY
763 323 4275 P.02/02
14601 ~y Soulevarcl
Ram...y. Minnesols 55303
763.323.2500
Fi1lc 763.3232603
1.800.642.1672
\/IfNW.connexusenergy,com
ln1o@cOnne)(Usenerw,corn
~ CONNEXUS"
\ Your c~~~ Partner
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February 16, 2004
Minnesota Racing Commission
PO Bo" 630
Shakopee, MN 55379
Dear Ladies and Gentleman:
On the behalf of Connexus Energy Board of Directors, I encourage the Minnesota Racing
Commission to strongly consider the Trotters Park Project in Columbus Township.
Anoka County, as the site for a new harness racing entertainment complex.
As you well know. harness racing has a great history here in Minnesota and deserves to
/ '\ be reinstated in the manner proposed by this Anolea Counry project. The Anolea County
\.j location and proposal would afford Minnesotans a project they could enjoy and be proud
of. The harness racing complex would create jobs, increase tax base, fuel economic
development, enhance tollrism, and provide a greater diversity of entertainment for the
region,
With the commission's leadership, vision, and support, we know we can make this
happen and be one of the most successful projects in the area.
Sincerely,
i hard D, Newland
President and CEO
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~Comrnia:1:ld to r::ustomer aatlafactlon ttvoueh $IiIrVice, Ie.aderBhlp and h1Volvcmm-rt."
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. 11-18-2003 li21,42PM FROM
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MJ-.lUChard Krueger
Ettcntiw: Director
Minn....:qta Jl"'~g Connni".Qn
P. O. Box 630
.Sh..IrQpee. MN 553'79
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Dear Hr. Krueger,
It has not been very frequently in the past, that I have contacted the -
Minnesota lbring Cnmft1i.-ion on brlt",W of Harness Raciog.
Hopefully, .howe<Ver, thatwill..Ja~V in the not 100 "distant futu.n:.
I am writing to:you now in support of a li~~'l." application by the
North Metro Harness Initiative to ~ a Harness track in.Anqka
Co~in Minn~ta.
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It is always -e:reiting to talk about and promote a new Harness Racing
faelli!)', but the prospect of an extended pari-uu.d:ue1lIar.ness track id'
Mjnn~'i9tais particularly app-ltng. .As you undoubtedly know, there
bas been and continues to be a considerable aroount ofHanless
Racing,!Standardbroed. interest in:your State, but racing opportunities
are sc:arc:e and alinost non-e:dstent.
That maId aU ..lI..nge, iftbe pbft.'$ p~ by the North Metro
Harness Initiatiwe are dcveIopedinto reality. The economic bendiIs
to Minnesota horsemen/___n would, of l:OUrSe, be inunediate and
substantial. Beyond that, however, and ~ more d1'~''''''';e, would
be the direct; financial i....p"ct of an e:ttended pari-mutuel ~....lioD
uponAnoka County and Min_ola, in partic:uJarthe agric:uIIural
economyo "Live'" ........~les ofwhen: tbis is occurring right now could.
be in Indi..":., where theh- first Darness track began racing in late
1994 and. a 2- e:stPndPd pari-m1Tf'Q..J facility opened Iast:year.
After reading a reeent"'Mhm.esota Harness lbMng'" l'f'!1...._ (a copy is
,; ) - attached) on our USTAintern.et-newsroom, I made ~nbct with
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, 11-18-2003 ll2h43PM f'RO,f
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, representatives of North Metro Harness IDitiative, in order to learn
more "_il",
These people clearJy mean bn~",,! 'Iheir plan to develOp,1Kinn.-..ta
Harness Racing seems welItho"g"~ut ~ realistic; when you
COnddft". their purse-negotiations with Ioc:al hcJrs(-nuon j a S/8 Dille
tradt situated on i80 acres on what appears to he apl.'ime physical
Iocationj~ nOl"t:lnn:st of Ml......."POJisjSt. Paul, aJDODg KVQl al
features. ' , ,
Please count me, on behalf 01 The lJni(ed~ TJootting AssoMnri(1ll,
:o~ the strong supporters oftbe . ".iYOd of Harness B""'Ylg in '
l\f1nn..!l:I'tf.a and of the project being presented by the North Metro
group.
.AD. the va-y best fur the rid.........
THE DIv.l:n~n STATES TRU.lT.lNGASSOCIA.7ION
FredJ.Noe
Executive Vice President
FJN :.sLs
AUoJ:hment
P.s. If ofirrterestto yOlJ. and ycur Commission, a USTA representative could be
made available to speak to the grDup.
bee: John SwiaIek
John PawlaJc
Ellen Harvey
CJrip Hastings
Phil Langley
Bob Yohn
Jim Cau1:ter '
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CITY HALL . 2015 FIRST AVE, NO, . ANOKA, MINNESOTA 55303-2270
Phone (763) 576-2700 . TIY (763) 422-0442 . www.ci.anoka.mn.us
RESOLUTION NO. 2004-39
SUPPORTING A PossmLE HARNESS HORSE RACING TRACK
IN ANOKA COUNTY
WHEREAS, the Anoka City COWlcil welcomes the opportunity to consider economic
development opportunities that may bring increased revenues and enhanced employment
opportunities into the COWlty; and
WHEREAS, the Anoka City COWlcil recognizes the need to support the COWlty and regional
projects that could grow the COWlty'S tax base; and
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WHEREAS, there is a private effort called the North Metro Harness Track Initiative for a
possible harness horse racing track to be developed in Columbus Township in Anoka COWlty; and
WHEREAS, on April 5, 2004, the Anoka City COWlcil received a presentation from the North
Metro Harness Track Initiative about their proposed horse racing track in Anoka COWlty; and
WHEREAS, the North Metro Harness Track Initiative has been supported by many public and
private organizations, including the North Metro Chamber of Commerce, North Metro Mayors
Association, Columbus Township Economic Development Commission, Columbus Township
Planning Commission, and Columbus Township Board; and
WHEREAS, a successful harness track development would likely mean job growth, a boost to
the area agricultural industry, business expansion, and an increase in tax base for both Anoka
COWlty and Columbus Township,
NOW, THEREFORE, BE IT RESOLVED that the Anoka City COWlcil supports the continued
efforts of the North Metro Harness Track Initiative to build a harness horse track in Anoka
COWlty.
Adopted by the Anoka City COWlcil this the 19" day of April 2004.
ATIEST:
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- AN EQUAL OPPORTUNITY EMPLOYER -
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CITY OF EAST BETHEL
EASTBETHEL,NUNNESOTA
RESOLUTION NO. 2004-37
RESOLUfION EXPRESSING SUPPORT FOR HARNESS RACING TRACK IN ANOKA
COUNTY
WHEREAS, The City of East Bethel supports the opportunity for economic development that
may bring increased revenues and enhanced employment opportunities~ and
WHEREAS, the North Metro Harness Track Initiative is a private venture attempting to establish
a horse racing track in Anoka County; and
WHEREAS, the Initiative made a presentation to the City Council at its April 7,2004 meeting;
and
WHEREAS, the Initiative has been supported by numerous Anoka County organizations
including cities, the county, the North Metro Chamber of Commerce and several Townships.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EAST BETHEL,
MINNESOTA THAT: City Council of the City of East Bethel hereby expresses its support for the
construction and operation of a Harness Racing facility in Anoka County.
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Adopted this 19th day of May, 2004 by the City Council of the City of East Bethel.
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LINWOOD TOWNSHIP
ANOKA COUNTY
22817 Typo Creek Drive N.E.
Stacy, Minnesota 55079
(651) 462-2812 . Fax (651) 462-0500
E-Mail: Iinwoodtownship@cnlink.nel
Websile: htIp:Jllinwoodtownship.govoffice,com
June 24, 2004
Thomas E. Fox, Chief Financial Officer
Southwest Casino and Hotel Corporation
2001 Killebrew Drive, Suite 306
Minneapolis, Minnesota 55425
Re: North Metro Harness Initiative
'-"
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. '\
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Thank you for your presentation 10 the Town Board on June 8, 2004. The Board appreciated the
opportunity 10 learn more about the track and its positive economic impact on the surrounding
area.
The Town Board is in support of the building of the harness racing entertainment complex in
Columbus Township in Anoka County. We welcome the economic opportunities that would
bring increased revenues and job growth to the area.
cc: John Derus
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INITIATIVE
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Who are the sponsors of
North Metro Harness Initiative LLC?
SOUTHWEST CASINO
AND HOTEL CORP.
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MTR GAMING GROUP, INC.
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Southwest Casino & Hotel Corp
. Founded in Minneapolis in 1992
. Principals
. Jeff Halpern, Chairman of the Board and CEO
. Jim Druck, President and COO
. Tom Fox, CFO
o
Experience
. Current operations
. Lucky Star Casinos
Located in EI Reno and Clinton, OK
. Uncle Sam's Casino
. Gold Rush Hotel and Casino
. Gold Diggers Casino
Located in Cripple Creek, CO
. Management
. Cheyenne-Arapaho Tribes of
Oklahoma
. Consulting
. Canterbury Park Thoroughbred
Race Track, Minnesota (96-98)
. Native American Tribes (1997-
current)
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With G.1:>ln:>5 In Concho and C~ntol1. OktahonY
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This presentation contains ''forward-looking
statements'; as defined by the Private
Securities Litigation Reform Act of 1995 (the
':4ct'J, that can be identified by words such as
"believes'; "expects'; ''projects'; and similar
expressions and involve numerous risks and
uncertainties. The Company's actual results
could differ materially from those anticipated
in such forward-looking statements as a result
of certain factors, including those set forth in
the Company's filings with the Securities and
Exchange Commission.
~
3
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Company Overview
. Primary operation: Mountaineer Race Track & Gaming Resort
. Generates approx. 95% of revenues; virtually all oper. income
. Destination hotel, convention and resort faciiity; 3,200 slots*
. Thoroughbred horse racing, witl1 parimutuel wagering (including
export/import simulcasting)
. Positioned to capitalize on potential expansion of gaming in contiguous
states
. Awarded racing/parimutuel wagering license in Erie, PA**
. Acquired Scioto Downs harness horse racing facility in Columbus, OH
. Own/operate Ramada Inn and Speedway Casino in North Las Vegas
. 131-room hotel, 400 slots, 10 table games
. Strategic property
* Reguiatory approval for up to 3,SOO **Judicial review pending
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Strategic Location & Strong Demographics
o
*Mountal......~Tr_
.~"8AM01'1:
aR8ClI_'.
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. .......
" Close proximity to
major markets
. -40 miles south of
Youngstown
. -85 miles south of
Cleveland
. -35 miles west of
Pittsburgh
tl Strong population
base
. 6.3 million adults
within a 2.hour
drive
. 2.6 million adults
within 50 miles
4
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What is Harness Racing?
. Harness racing is the Standardbred,
trained to trot or pace at speeds up to 30
miles per hour or faster. .
. The Standardbred is a docile and durable
horse.
. Roots are in small town America
. A sport that everyone can participate in as
an owner, trainer, and even as a driver.
o
What is Harness Racing?
. Minnesota home of Dan Patch.
. Current fair circuit exists throughout the
upper mid-west with limited pari-mutuel
race track opportunity. This has hampered
the growth of this family sport in
Minnesota.
. \
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.
5
,
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Harness Racing
, ,
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What is offered
. Live racing 50 days during May thru Sept
. Simulcast Racing
. Card Room offering Poker and other
popular player-banked card games
. Restaurant seating 180 people
. Grand Stand capacity for 1,800 people
. Parking for 1,000 to 1,200 vehicles
o
6
, ,
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Community Support
. Columbus Town Board ( concept approval)
. Anoka County Board of Commissioners
. Dan Erhart, Chairman of Anoka County Board
. City of Anoka
. City of East Bethel
. North Metro Mayors Assodation
. Metro North Chamber of Commerce
. Tom Ryan, Mayor of Blaine, MN
. Forest Lake Area Chamber of Commerce
. Ham Lake Chamber of Commerce
. City of Ham Lake
. Keith Perlich, Mayor of Circle Pines, MN
. Con nexus Energy - MN largest public owned utility
. Minnesota Harness Racing Association
. United States Trotting Association
; ,
,--.J
Development Benefits
. Construction of a $18 - $ 20 million
facility
. Total project costs of $30 - $35 million
. Create over 300 new jobs
. Yearly payroll over $7.9 million
. $9 million in expenditures
(much of it with local businesses)
o
7
, ,
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Significant Tax Contribution
. Land and improvement evaluation will be at
least $20 million, appraisers are estimating the
property taxes realized in excess of $500,000.
Taxes to local jurisdictions break out like this:
. Assessed Market Value $20,000,000
. Anoka County Local Tax $146,000
. State General Tax $216,000
. Total Real Estate Tax $504,000
. Columbus Township Portion $142,000
, ,
<)
Additional Economic Benefits
. Local business expansion
(restaurants, gas stations, hotels, etc.)
. Increase in area property values
. Supports of local agricultural industries
. Promotion of standard bred horse
breeders
, ')
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Harness i'lit1llthe, I.1.C
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INITIATIVE
DISCUSSION
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1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
TO:
Mayor and City Council ~
Jim Dickinson, Interim City Administrato~
Vicki Volk, City Clerk
CC:
FROM:
SUBJECT:
Approval of Minutes
DATE:
August 17,2004
INTRODUCTION
The following minutes have been provided by TimeSaver for Council approval:
June 29, 2004
July 27, 2004
August 4, 2004
August 4, 2004
Council Workshop
Council Workshop
Regular Meeting
Executive Session
The following minutes have been provided by staff for Council approval:
July 28, 2004
July 29, 2004
August 4, 2004
Special Meeting
Special Meeting
Special Meeting
DISCUSSION
Copies of the minutes have been emailed to Mayor Gamache and Councilmembers Orttel
and Jacobson, Hard copies have been provided to Councilmembers Knight and Trude.
ACTION REOUIRED
Council is requested to approve the minutes listed above.
Respectfully submitted,
~- !/r?&
Vicki V olk
City Clerk
. "
'-../
CITY OF
NDOVE
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US
TO:
Mayor and Councilmembers
CC:
Jim Dickinson, Finance Director
FROM:
Lee Brezinka, Assistant Finance Director
SUBJECT:
Payment of Claims
DATE:
August 17, i2~4
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $359,518.53 on disbursement edit lists #1-3 from 08/04/04 to 08110/04 have been issued and
released.
" Claims totaling $435,201.38 on disbursement edit list #4 dated 08/17/04 will be issued and released upon
, J approval.
BUDGET IMPACT
The edit lists consist of routine payments with expenses being charged to various department budgets and
projects,
ACTION REOUIRED
The Andover City Council is requested to approve total claims in the amount of $794,719.91. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
~?)~
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
CC:
Mayor and Council Members ~
Jim Dickinson, Interim City Administra~
David D, Berkowitz, City Engineer
TQ:
FROM:
SUBJECT:
Approve No Parking Resolutionl04-13NMB Through Proposed Woodland
Estates 6th Addition - Engineering
DATE:
August 17,2004
INTRODUCTION
This item is in regard to approving a resolution designating No Parking on both sides of Veterans
Memorial Boulevard NW Through Proposed Woodland Estates 6th Addition, Project 04-13.
/ "'
" j DISCUSSION
A no parking resolution is required on both sides of Veterans Memorial Boulevard NW to meet
State Aid requirements. This resolution will be submitted to State Aid for project and plan
approval.
ACTION REQUIRED
The City Council is requested to approve the attached resolution designating No Parking on both
sides of Veterans Memorial Boulevard NW Through Proposed Woodland Estates 6th Addition,
Project 04-13.
Respectfully submitted,
2:;~~er~~i~
, .,
,_,i
Attachment: Resolution ,/
/
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO,
A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF
VETERANS MEMORIAL BOULEVARD NW THROUGH PROPOSED
WOODLAND ESTATES 61H ADDITION, PROJECT 04-13.
WHEREAS, no parking will be allowed along both sides of Veterans
Memorial Boulevard NW Through Proposed Woodland Estates 6th Addition; and
WHEREAS, no parking will be allowed along Veterans Memorial Boulevard
NW Through Proposed Woodland Estates 6th Addition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to designate the no parking zone.
Adopted by the City Council of the City of Andover this 17th
2004.
day of Auqust
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
0)
':J
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
FROM: David D, Berkowitz, City Engineer
TO: Mayor and Council Members
CC: Jim Dickinson, Interim City Administrator
SUBJECT: Declare Cost/Order Assessment RoW03-5/City View Farm - Engineering
DATE: August 17,2004
u
INTRODUCTION
The City Council is requested to declare the costs and order the preparation of the assessment roll
for Project 03-5, City View Farm.
DISCUSSION
The City View Farm development project has been completed and the project costs are being
assessed to the developer in concurrence with the 429 assessment process. The initial estimate of
the assessment amount identified in the feasibility report for this project was $15,892.47 per lot.
The final cost of the project is $19,680,85 per lot. After declaring the costs the assessment role
will be prepared and presented to the City Council for approval.
The assessment per lot was higher due to the following:
. The original developer (Mr. Mike Bahn) petitioned for improvements back on January 21,
2003.
. The developer decided not to continue with the project and began negotiating with builder
to take over the project.
. A watermain loop was added to the project, which added to the overall construction cost.
. The project was finally bid in August of 2003.
. The developer asked for an extension on awarding the bid August 19, 2003.
. The developer sold the property to MJB Custom Homes in September of 2003,
. The project was awarded on October 7, 2003.
. The contractor was issued the notice to proceed on December 8, 2003.
. Construction carried over into Spring 2004.
~) Due to the above listed items and the fact that the project carried out for over a year, which added
additional indirect costs to the project, the assessment per lot is higher than the feasibility report. I
met with the developer to review the worksheet and they are in agreement with the assessment
costs.
, \
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Mayor and Council Members
August 17. 2004
Page 2 of2
ACTION REOUIRED
The City Council is requested to approve the resolution declaring cost and directing preparation of
assessment roll for the improvement of sanitary sewer, watermain, storm sewer and streets for
Project 03-5, City View Farm,
Respectfully submitted,
{J~0,1
David D. Berkowitz
u
, ./ / /"
V Attachments: Resolution, Assessment Worksheet & Letter from Developer
cc: Sean McDonald, MJB Custom Homes, 6438 Riverdale Drive, Ramsey, MN 55303
.~
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL
FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER &
STREETS FOR PROJECT 03-5, CITY VIEW FARM.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, a contract has been entered into for the construction of the improvements and the
contract price for such improvement is $94,639.45 plus $0.00 for seal coat (private street), and
the expenses incurred or to be incurred in the making of such improvement amount to $43,126.52 and
work previously done amount to $0.00 so that the total cost of the improvement will be $137,765.97.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:
1.
U 2.
3.
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
$137,765.97
Such assessments shall be payable in semi-annual installments, together with principal and
accrued interest, extending over a period of!! years. The first of the installments to be payable on
or before the 15th day of April 2005, and shall bear interest at the rate of 5'12 percent per annum
from the date of the adoption of the assessment resolution.
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 reaular meeting this 17'h day of
Auaust
, 2004 , with Councilmembers
voting in favor of the resolution, and
Councilmembers
voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
~)
Victoria Volk - City Clerk
08/12/2004 08:45 FAX 7634133203
MJB CUSTOM HOMES
,-\
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August 12,2004
City of Andover
1685 Crosstown Boulevard N.W.
Andover, MN 55304
Dear David,
I have received and reviewed the assessment work sheet for City View Farm. I
agree with the construction and assessment costs and am willing to waive the
right to a public hearing,
Sincerel:;t
~cDona1d
President
MJB Custom Homes. Inc.
AlJG 12 2004 10: 00
7634133203
~ 002/002
PAGE. 02
Final-Andover Special Assessments
City View Farm Project No. : 03-05
February 11. 2003 Amount: $75,004.60
Dale: 7/1/03 Amount: $96.563.50
Sanitary SelNer $ 22.992,50
Water Main $ 25,984.00
Storm Sewer $ 18.080.00
Streets and Restoration $ 27.582,95
Amount: $ 94,639.45
$ 22,156.18
$ 275,83
$ 136.99
$ 2,839,18
$ 946,39
$
$ 421,00
$ 682.12
$ 2.341,90
$ 994,57
$ 1,317.77
$
$ 32,111.94
33.9308%
Amount: $ 126,751.39
~)
Project Name:
Feasibility Report
Contract Award
Final Construction
Final Exoenses
Engineering (Includes Inspection):
Aerial Mapping (1% of street)
Drainage Plan (0.3% of street/storm)
Administration (3%)
Assessing (1%)
Bonding (0.5%)
Legal & Easement
Advertising
City Costs
Street Signs
Testing
Construction Interest
Total Final Expenses
Expenses Multiplier
, ,
V
Final Project Cost
Trunk Source and Storaae
Watermain: COnnection Charge* 7 Units - 3 Units
Area Charge.
lateral Charge*
San. Sewer: Connection Charge- 7 Units - 3 Units
Area Charge. 1.34 x (4.4517) = 0.851'
Lateral Charget
Storm Sewer: Area Charge.
Street (Private) Seal Coating (Private Street)
t = Previously Assessed (See Below)
Total Trunk Source and Storaae
Previous Assessments (Prolect 80-31
(Sanitary Sewer Area Charge)
Previous Assessments (Prolect 86-9'
(Sanitary SeINer lateral Charge)
(Watermain Lateral Charge)
(StreeVStorm S&Ner) (133rd lane only)
(Watermain Area Charge)
(Sanitary SelNer Connection)
(Watermain Connection)
Total Amount to be Assessed
Assessment Rate per Unit
$137,765.97
7
"J
Feasibility Report Assessment per Unit
City Project 03-05
4EA $ 2,146,00 $ 8.584,00
OAC $ 1.967.00 $
o LF $ $
4EA $ 341.00 $ 1,364,00
0.8519 AC $ 1,252.00 $ 1,066.58
o LF $ $
o AC $ $
o Sy $ $
$ 11,014.58
4.45 Units
3 Units
3 Units
1 Units
1.73 Units
3 Units
3 Units
$ 137,765.97
$ 19,680.85 I Unit
$15,892.47 I Unit
/ , Assessment Rate Calculations
'0
1 Sanitary Sewer
Final Construction Cost $ 22,992.50
Plus Expenses 33.9308% $ 7,801.54
Total Cost $ 30,794.04
Assessable Sanitary Sewer Cost
$ 30,794.04 = $ 4,399.15 per Unit
7
2 Water Main
Final Construction Cost $ 25,984.00
Plus Expenses 33.9308% $ 8,816.58
Total Cost $ 34,800.58
Assessable Water Main Cost
$ 34,800.58 = $ 4,971.51 per Unit
7
,
0 3 Storm Sewer
Final Construction Cost $ 18,080.00
Plus Expenses 33.9308% $ 6,134.69
Total Cost $ 24,214.69
Assessable Storm Sewer Cost
$ 24,214.69 = $ 3,459.24 per Unit
7
4 Streets
Final Construction Cost $ 27,582.95
Plus Expenses 33.9308% $ 9,359.12
Total Cost $ 36,942.07
Assessable Street Cost
$ 36,942.07 = $ 5,277,44 per Unit
7
~)
City Project O~5
2
, ,
,-J 5 Trunk Water Main Area
Total Area Charge $
Assessable Water Main Area Cost
$ = $ per Unit
7
6 Trunk Sanitary Sewer Area
Final Area Charge $ 1,066.58
Assessable Sewer Area Cost
$ 1,066.58 = $ 152.37 per Unit
7
7 Water Main Connection
Total Connection Charge $ 8,584.00
/ - , Assessable Sewer Area Cost
'.,--.J
$ 8,584.00 = $ 1,226.29 per Unit
7
8 Sewer Connection
Total Connection Charge $ 1,364.00
Assessable Sewer Area Cost
$ 1,364.00 = $ 194.86 per Unit
7
Assessment Summary
1 Sanitary Sewer $ 4,399.15
2 Water Main $ 4,971.51
3 Storm Sewer $ 3,459.24
4 Streets $ 5,277 .44
5 Trunk Water Main Area $
6 Trunk Sanitary Sewer Area $ 152.37
7 Water Main Connection $ 1,226.29
8 Sewer Connection $ 194.86
() Assessment Rate per Unit for City View Farm $ 19,680,85
City Project 03-05
3
~)
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, Interim City Administrator
FROM: Vicki Volk, City Clerk
SUBJECT: Appoint Election Judges
DATE: August 17, 2004
INTRODUCTION
State Law requires that the Council must appoint election judges 2S days before the
election.
. " DISCUSSION
'-J
The list of judges will be provided at the meeting.
ACTION REOUIRED
Council is requested to adopt the resolution appointing election judges.
Respectfully submitted,
!.lL-' ()/b
Vicki Volk
City Clerk
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CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, Interim City Administrator
FROM:
Vicki V olk, City Clerk
~
SUBJECT: Approve Dog Kennel License Renewals
DATE: August 17,2004
INTRODUCTION
Dover Kennels, Rescue St. Bernards and Blue Collar St. Bernards have applied for
renewal of their kennel licenses,
DISCUSSION
The applicants have submitted their renewal forms with the appropriate fees, No
complaints regarding these operations. Attached are copies of their applications,
ACTION REOUIRED
Council is requested to approve a private kennel license for Rescue Saint Bernards and
commercial kennel licenses for Blue Collar St. Bernards and Dover Kennels. The license
period is July 1, 2004 through June 30, 2005.
Respectfully submitted,
f.L..b' ~4
Vicki V oIk
City Clerk
Attach: License applications. ./
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5'\NDbVE~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
PRIVATE DOG KENNEL LICENSE APPLICATION
Nam~~~ ob - L'-{ rJ S. 4Ti nlo+-hJ ::(, J-II' /1- z-
Address~ <0 5~J lJ A Lleu P R _ NLU
Ji~)do\.)erl M.N SS2Dct- /~3Lj
Telephone Number 7(0,3 - 5 7 (0 J 'f J ~
q
Kennel Name n 1 u e-
Number of Dogs
St, 6er/Vdrd 5
C.O \ \ ~ r
Type of Kennel:
X Commercial (any place where a person accepts dogs from the gederal public
and where such animals are kept for the purpose of selling, boarding, breeding,
" training, or grooming)
V
u
Private (any place where more than three dogs 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)
***********************************************************************
Property Size
10" /(0
A 12.E:
i\\qM+
I
Number of employees
f\\ VI
\
A c.J'e S
l0 A s-\-e...
No
\--\ '-''--'', \, d rJ d i T
Method of Waste Disposal
Will facility be used for training dogs?
Attach a scaled drawing of the property and structures affected showing: scale and
north arrow; dimensions of the property and structures; front, side and rear yard
building setbacks; adjacent streets; and location and use of existing structures
within 100 feet.
***********************************************************************
ILicense Fee:
_New License $200.00 (Conditional Use Permit)
Renewal License $25.00
Receipt #
City Council Action
Sl\NDbVE~
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US
PRIVATE DOG KENNEL LICENSE APPLICATION
Name 15-{ fz4,. ge'1(l" D~p,e
Address Lf f g () I" S- A. /l (AJ Iv (,.J
I)"', do (J pr MAl <5- .r() c./
. ,
TelephoneNumber ('763) 323-/6gc:;
Number of Dogs S-
Kennel Name
Jflf~(,;'''' ,S'"a" At
f?~rJT/i, r cl....
-
Type of Kennel:
Commercial (any place where a person accepts dogs from the general public
and where such animals are kept for the putpOse of selling, boarding, breeding,
training, or grooming)
V Private (any place where more than three dogs are kept for private enjoyment
and not for monetaI)' gain, provided such animals are owned by the owner or the
lessee of the premises on which they are kept)
, ,
'J
***********************************************************************
Property Size
sir
acre S'
Method of Waste Disposal
'il'~r f,G '1"-
Will facility be used for training dogs?
/16 -
jl.d
cor
"lJ ro,.. ~a; ^
c 0.-1' fs
~ p.,/I
Es/~c!s'.
Number of employees - 0 -
Attach a scaled drawing of the property and structures affected showing: scale and
north arrow; dimensions of the property and structures; front, side and rear yard
building setbacks; adjacent streets; and location and use of existing structures
within 100 feet.
***********************************************************************
I--icense Fee: .'
_ New License $200.00 (Conditional Use Permit)
Renewal License $25.00
, ,
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Receipt #
City Council Action
\
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,^NDbVE~
1685 CROSSTOWN BOULEVARO N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Name
/
.
Address-L~c..erl-if ~
~,!wWJr v'Yll'\
PRIVATE DOG KENNEL LICENSE APPLICATION
Jill
b-kSTI.r(\
j~U:- ~-eVDY\
(b.l1 J~
5~q eM
Telephone Number '7 {p ~ - L./ 3L.f. I 3?' ~
Number of Dogs BD
Kennel Name
P 6\1 ex- K-e.n t'\-cl
,. '\
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Type of Kennel:
AI-- Commercial (any place where a person accepts dogs from the general public
;;;r;TWhere such animals are kept for the purpose of selling, boarding, breeding,
training, or grooming)
Private (any place where more than three dogs 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)
***********************************************************************
Property Size
~3/4
Ouvt- "\
Method of Waste Disposal S... r h c.
Will facility be used for training dogs? \ 1 t'5
Number of employees
~
Attach a scaled drawing of the property and structures affected showing: scale and
north arrow; dimensions of the property and structures; front, side and rear yard
building setbacks; adjacent streets; and location and use of existing structures
within 100 feet.
***********************************************************************
~icense Fee:
_ New License $200.00 (Conditional Use Permit) '$- Renewal License $25.00
,
~-j
~eceipt #
City Council Action
.
/ ,
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CANDbVE~
OJ
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers ~
James Dickinson, Interim City Administr~
Dana Peitso, Human Resources Manager ... ~
CC:
FROM:
SUBJECT:
Appoint City Administrator
DATE:
August 17,2004
INTRODUCTION
At the August 4, 2004, Special City Council meeting, a motion was made to offer the position of
City Administrator to James Dickinson, and to negotiate a contract with him for this position.
DISCUSSION
Mr. Dickinson has been the interim City Administrator since May 2004. In addition, he has
been the City of Andover Finance Director for the past 5 years and has a strong background in
government spanning over 15 years. Mr, Dickinson, the City Attorney Bill Hawkins and myself
have negotiated a contract for Mr. Dickinson that supports his interest in the City Administrator
position and meets the City's financial requirements,
BUDGET IMPACT
The pay range for the City Administrator is $79,4112 - $100,521 annually. The proposed
starting salary is at the Step Leve13 rate of$91,474 annually, After successful completion ofa
6-month probationary period, he would be eligible for the next step level. Other details are in the
attached contract for your review,
ACTION REOUESTED
Please appoint James Dickinson as City Administrator effective September 8, 2004,
Respectfully submitted,
~~~
Dana Peitso
CITY OF ANDOVER
2004 STEP PROGRAM
, '\ CITY ADMINISTRATOR - 11292 POINTS}
~ _) DESCRIPTION:
Directs and manages all city operations within the parameters of state statute and city
policy to ensure the effective and efficient operation of all city departments through a
subordinate department head structure. Serves as primary liaison with the city council
to inform them of relevant projects and issues, recommends policy changes and
communicates council decisions to appropriate city staff. Guides the development
and implementation of departmental management. human resource and labor relations
policies and practices. Serves as the city's key representative in cooperative efforts
with other governmental or private entities. Responds to citizen questions and complaints
either directly or through appropriate personnel.
, ,
~-~)
'--~
Reports to selected mayor and council. Serves at the discretion of the city council.
Exercises supervisory authority over all city employees: through a department head
structure. oversees all hiring, promotion, termination, rewards. discipline, grievances.
training, performance appraisal and other empioyment conditions.
Directs and oversees the development of annual city budget and periodically monitors
revenues and expenditures against approved budgets to endure the soundness
of city finances.
MINIMUM QUALIFICATIONS:
Typically has at least five years of experience in a municipal management setting
and a four year or post-graduate degree. Possesses excellent verbal and written
communication skills to deal with employees and citizens in a politically sensitive
environment: proficiency in financial management. budgeting and planning.
ANDOVER STEP PROGRAM
Jan-04 Jul-04
Averages S 99,526 S 100,521
Hire 78.626 79,412
Six Month 81,611 82,427
SteD1 84,597 85,443
SteD2 87,583 88,459
Step 3 90,569 91,474
Step 4 93,554 94,490
StepS 96,540 97,506
Step 6 99,526 100.521
Step Program
Page 1
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EMPLOYMENT AGREEMENT
FOR JAMES DICKINSON
THIS AGREEMENT, made and entered into this 17th day of August 2004, by and between the CITY
OF ANDOVER, MINNESOTA, a municipal corporation (hereinafter the "CITY") and JAMES
DICKINSON. (hereinafter "EMPLOYEE").
WITNESSETH:
WHEREAS, the CITY is a municipal corporation in the State of Minnesota; and
WHEREAS, the EMPLOYEE has applied for the City Administration position with the CITY, which
is appointed for an indefinite term by the City Council of the CITY OF ANDOVER and is subject to
removal by a majority vote of the City Council; and
WHEREAS, the EMPLOYEE will be classified as a supervisory employee pursuant to Minn. Stat.
179A.03,subd.17;and
WHEREAS, the CITY desires to employ EMPLOYEE, and to secure and retain his services, and to
encourage effective, professional and efficient execution of their responsibilities by assuring
EMPLOYEE'S morale, security, and independence, and to deter nonfeasance, malfeasance, and
dishonesty in said position, and to require and secure for the CITY the full and undivided efforts of the
EMPLOYEE, and to provide a just and reasonable provision for the termination of EMPLOYEE'S
services at such future time as either party may desire; and
WHEREAS, the EMPLOYEE agrees to serve the CITY on the terms and subject to the benefits,
inducements, and conditions herein set forth and agreed to by the parties, which have been negotiated and
agreed to by the parties for their mutual benefit;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements set forth
herein, the EMPLOYER and the EMPLOYEE agree as follows:
SECTION 1 - RECITALS
The parties adopt and acknowledge the recitals hereinabove as part ofthis Agreement.
SECTION 2 - DUTIES
Subject to the provisions for removal as provided in this Agreement, the CITY will employ EMPLOYEE
as City Administrator, to perform the functions, duties and powers of said position as established under
Minnesota law and under the ordinances of the CITY. EMPLOYEE will faithfully and diligently perform
all of the duties, responsibilities and powers so vested, delegated, or assigned, and shall obey all laws of
the United States and of the State of Minnesota and all ordinances of the CITY, EMPLOYEE will not
engage in any activities or conduct which are foreseeably likely to bring dishonor or disrepute to his
1
position or to the CITY.
\. -_/
)
SECTION 3 - TERMS OF EMPLOYMENT
EMPLOYEE will serve "at will" as City Administrator for the CITY for an indefinite tenn, in accordance
with the City Ordinances, However, this Agreement shall be automatically renewed for successive one
(I) year terms, unless EMPLOYEE is tenninated as provided here within.
EMPLOYEE'S tenure, service, and authority as City Administrator of the CITY shall be subject to
immediate tennination with or without cause as provided by Section 1-6-2E of the Andover Code of
Ordinances. The EMPLOYEE shall be considered terminated at the date and time detennined by the City
Council, but the EMPLOYEE shall be entitled to benefits as hereinafter stated.
EMPLOYEE may resign from his position as City Administrator at any time, with thirty (30) calendar
days advance written notice to the City Council, unless otherwise agreed to by the EMPLOYEE and the
CITY. Should the EMPLOYEE fail to give the required thirty (30) calendar day written advance notice,
the EMPLOYEE forfeits all rights established by this contract unless agreed to by both parties.
SECTION 4 - SEVERANCE PAY UPON TERMINATION
In the event EMPLOYEE is tenninated because of his conviction for an illegal act involving personal
gain to EMPLOYEE, or is immediately tenninated for any violation of the tenns in the Personnel Policy,
then the CITY shall have no obligation to pay the tennination benefits,
,
\../
In the event that EMPLOYEE is tenninated by the CITY during the first six (6) months of employment,
the CITY agrees to pay EMPLOYEE at the time of his last pay check a lump sum equal to six (6) months
aggregate salary and to continue to provide pay for the benefits set forth in Section 8 for a period of six
(6) months following tennination. At the EMPLOYEE'S discretion the option of returning to his original
position of City Finance Director may be substituted for termination benefits at a salary at least
commensurate to that being paid at resignation.
In the event that EMPLOYEE is terminated by the CITY during the period of 6 months and 2 years, the
CITY agrees to pay EMPLOYEE at the time of his last pay check a lump sum cash payment equal to six
(6) months aggregate salary and to continue to provide pay for the benefits set forth in Section 8 for a
period of six (6) months following termination.
In the event that EMPLOYEE is tenninated by the CITY after 2 years, the CITY agrees to pay
EMPLOYEE at the time of his last pay check a lump sum cash payment equal to four (4) months
aggregate salary and to continue to provide pay for the benefits set forth in Section 8 for a period offour
(4) months following tennination.
.. )
,~
In the event that EMPLOYEE that EMPLOYEE has been unable to perform the duties and
responsibilities of his position for a period of six (6) months due to a disability or at such earlier time that
the EMPLOYEE is detennined to be pennanentlyunable to perform the duties and responsibilities of his
or position due to a disability, then in that event, the CITY agrees to pay EMPLOYEE at the time of his
last pay check a lump sum, at the discretion of employee, equal to six (6) months aggregate salary and to
2
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(j
continue to provide pay for the benefits set forth in Section 8 for a period of six (6) months following
termination.
If the CITY at any time during the employment term reduces the salary or other financial benefits of
EMPLOYEE in a greater percentage than across-the-board reduction for all employees, or if the CITY
refuses, following written notice, to comply with any other provisions of this Agreement benefiting
EMPLOYEE or EMPLOYEE resigns following a formal suggestion by the CITY that he or she resign,
then EMPLOYEE may, at his option, be deemed to be terminated on the effective date of EMPLOYEE 'S
resignation and the EMPLOYEE shall also be entitled to receive the termination benefits set forth above,
If EMPLOYEE voluntarily resigns his position with the CITY, there shall be no termination pay.
Upon discharge or resignation for any reason, EMPLOYEE shall be entitled to payment in the amount of
the EMPLOYEE'S total accumulated annual leave and any other benefit provided to employees in this
document or under the Personnel Policy.
If EMPLOYEE requests any lump sum payment due under this agreement shall be paid in equal bi-
weekly installments until paid in full.
SECTION 5 - COMPENSATION
The CITY will pay EMPLOYEE for his services in accordance with the terms and conditions outlined
in the City's Compensation Plan, The CITY shall pay EMPLOYEE for his services as City
Administrator a bi-weekly gross salary of$3.518.23, After successful completion of6 months'
employment as City Administrator, EMPLOYEE bi-weekly gross salary shall increase to $3.634,23.
After successful completion of 12 months' employment as City Administrator, and thereafter on an
annual basis, the City Council shall review, and consider an increase to EMPLOYEE'S salary as per
CITY pay plan,
The CITY shall contribute to EMPLOYEE'S Public Employees Retirement Association ("PERA")
account in the amount prescribed by law. As of the effective date of this Agreement, that amount is
5.53% of his annual salary.
The CITY shall contribute $2,000 annually on a bi-weekly basis to EMPLOYEE'S account towards a
deferred compensation program currently provided by the CITY, and thereafter on an annual basis,
the City Council shall review and consider an increase in the contribution,
The CITY shall provide a $200 monthly vehicle allowance for the use of EMPLOYEE'S personal
vehicle on CITY business, in lieu of reimbursement of mileage and thereafter on an annual basis, the
City Council shall review and consider an increase to the monthly vehicle allowance. The CITY shall
have no obligation to make this payment after EMPLOYEE'S termination date.
The CITY will provide EMPLOYEE with an annual job performance evaluation no later than March 1st
of2005, If the EMPLOYEE'S performance is determined to be at least satisfactory, the EMPLOYEE
shall have his salary adjusted based upon the general cost-of-living wage adjustments provided to other
non-union personnel.
3
SECTION 6 - GOVERNMENTAL AND PROFESSIONAL ASSOCIATIONS
<J
At the discretion of the City Council, the CITY will pay the dues and subscription fees of EMPLOYEE
for such national, regional, state and local governmental, professional, and service associations and
organizations, including institutions of higher education, which the City Council determines are
reasonably necessary for the EMPLOYEE'S professional participation, certification, advancement,
improvement and growth, and which will benefit his service to the CITY, as may from time to time be
approved in advance by the City Council upon the EMPLOYEE'S written request.
SECTION 7 - PROFESSIONAL DEVELOPMENT AND TRAVEL
The CITY will payor reimburse EMPLOYEE for his reasonable time and subsistence expenses in
attending meetings and events at which EMPLOYEE represents the CITY, or which are reasonably
necessary or desirable for EMPLOYEE'S professional development, or which are reasonably required by
Employee's membership in an organization, association or committee for which the City pays the
Employee's or the City's membership dues. Every other year, as determined by the employer, the
EMPLOYEE should be encouraged, at CITY expense, to attend a national conference in the employee's
field of responsibility.
u
The CITY will payor reimburse the reasonable travel and subsistence expenses of EMPLOYEE for
attendance at short courses, institutes and seminars relating to municipal government, finance, and
management which are reasonably necessary for EMPLOYEE'S professional development and which
will benefit his service to the CITY. Employee will not attend any such course, institute or seminar out-
of-state if an equivalent or comparable course, institute or seminar is offered in Minnesota.
The amounts and rates for reimbursement or payment of EMPLOYEE 's travel and subsistence expenses
shall be determined in accordance with reasonable regulations applicable to all City employees adopted
by the City Council as part of the City's Personnel Policy. Any costs associated with the conference or
travel that exceed budgeted amounts shall be the responsibility of the employee.
SECTION 8 - LIFE, HEALTH DENTAL AND LONG-TERM DISABILITY BENEFITS
The CITY will provide Life, Health, Dental and Long-short term disability in the same manner as for
other non-union employees,
SECTION 9 - HOLIDAYS, ANNUAL LEAVE, and COMPENSATORY TIME
The CITY shall provide EMPLOYEE the same holidays, and annual leave benefits as other non-
union employees as provided in the City's Personnel Policy at the 5-9 years benefit rate, As of
November I, 2004, the CITY shall provide EMPLOYEE annual leave benefits at the 10+ years
benefits rate, The EMPLOYEE will resign from his current position City of Andover Finance
Director and be paid the benefits due at the time of resignation, with the exception of a bank of 40
hours of annual leave already accrued to be immediately available to EMPLOYEE in his new
position.
U The CITY understands that the duties of the City Administrator require a great deal of time outside
4
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normal business hours, and for that reason the EMPLOYEE make take reasonable compensatory time off
during normal business hours, so long as the taking of such compensatory time does not unduly interfere
with performance of his duties.
The City shall have no obligation to pay any unused Compensatory time, upon tennination of
EMPLOYEE,
SECTION 10 - OTHER TERMS OF EMPLOYMENT
The CITY will defend and indemnify EMPLOYEE to the extent required by Minn, Stat. 466.07. The
City shall defend, indemnify, and hold harmless Employee against any and all civil claims, demands,
suits, actions, or proceedings of any kind or nature arising out of performance by Employee of his official
duties and responsibilities as City Administrator, This indemnification shall not apply to any criminal
proceedings which may be filed against the Employee,
The CITY shall furnish and provide EMPLOYEE with insurance protection including comprehensive
general liability and errors and omissions coverage applicable to all acts or omissions of EMPLOYEE
arising out of his employment.
SECTION 11 - GENERAL PROVISIONS
Whenever in this Agreement reference is made to any action of the City Council, such reference shall
mean collective action in an official meeting,
C.J
The CITY will make reasonable appropriations or will budget reasonable amounts, in accordance with the
law and with the City Ordinances, for all benefits, payments and reimbursements to which EMPLOYEE
is entitled under this Agreement.
This Agreement shall be governed by and shall be construed in accordance with the laws of the State of
Minnesota and the ordinances of the City.
This Agreement shall be in effect from and after the 8th day of September 2004. Unless otherwise
tenninated or modified in accordance with the provisions set forth in this Agreement.
This Agreement shall be terminated upon the occurrence of any of the following events:
e,
the occurrence of an event outlined in Section 3 of this Agreement;
the mutual agreement of Employer and Employee;
the death of EMPLOYEE. In such event, EMPLOYEE, or the estate of the EMPLOYEE, shall be
paid all compensation as provided in this Agreement;
upon the written notice of either party to tenninate this Agreement, provided that such notice
shall be effective thirty (30) days after the other party receives the written notice;
EMPLOYEE has been unable to perform the duties and responsibilities of his position for a
period of six (6) months due to a disability or at such earlier time that the EMPLOYEE is
detennined to be pennanently unable to perform the duties and responsibilities of his position due
to a disability;
a.
b.
c.
d.
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.,~ ~ ENTIRE AGREEMENT. This is the entire agreement between the parties. Except as provided above,
J it supersedes all prior agreements and understandings between the parties relating to the employment of
EMPLOYEE and the termination of such employment. This Agreement may not be changed or
terminated orally. No modification, termination or attempted waiver of any of the provisions of this
Agreement shall be valid unless in writing signed by the party against whom enforcement is sought.
HEADINGS. The headings contained herein are for reference only and shall not affect the meaning or
interpretation of any provision of this Agreement.
NO WAIVER. The waiver by any party of a breach of any provision ofthis Agreement shall not operate
or be construed as a waiver of any subsequent breach,
If any section, provision, condition or term of this Agreement, or application thereof to any circumstance,
shall be held to be invalid or unenforceable for any reason by any court of competent jurisdiction, the
remaining portions or applications hereof as can be given effect without the invalid or unenforceable
provision or application shall remain in full force and effect, and to this end the provisions of this
Agreement are declared to be severable.
IN WITNESS WHEREOF, the CITY and EMPLOYEE have approved and executed this Agreement on
this day of, 2004.
CITY
EMPLOYEE
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By:
Its Mayor
James Dickinson City Administrator
And:
Its 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: Mayor and Councilmembers
CC: James Dickinson, Interim City Administrator
FROM: Dana Peitso, Human Resources Manager
SUBJECT: Amend City Administrator Ordinance
DATE: August 17,2004
INTRODUCTION
Per the recommendation of City Attorney Bill Hawkins, the City Administrator Ordinance
should be changed to reflect the City Council's desire to have the position of City Administrator
an "at will" position.
DISCUSSION
During the process of hiring a City Administrator, City Attorney Bill Hawkins noticed that the
current City Ordinance regarding City Administrator does not reflect the desire of the City
Council to have the City Administrator position an "at will" position to be appointed and
removed by a majority of the City Council.
BUDGET IMPACT
None
ACTION REQUESTED
Please approve the City Administrator Ordinance, as amended,
Respectfully submitted,
~~
Dana Peitso
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO,
AN ORDINANCE AMENDING THE POSITION OF CITY ADMINISTRATOR
The City Council of the City of Andover hereby ordains as follows:
Section 1-6-2 Appointment; Term of Office; Removal
Section 4.
Term of Office.
The administrator shall be chosen by the City Council solely on the basis of training,
experience and administrative qualifications, The City Administrator shall be appointed
for an indefinite period "at will" by a majority of the City Council and may be removed
from office only by a majority of the City Council, In accordance with the rules and
procedures set forth in the City llersonnel pel icy.
Adopted by the City Council ofthe City of Andover on this 17th day of August, 2004.
A TIEST:
CITY OF ANDOVER
Victoria Yolk, City Clerk
Mike Gamache, Mayor
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CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
FROM:
Jim Dickinson, Finance DirectorfInterim City Administrator
SUBJECT:
Approve Purchase Agreementll853 Crosstown Blvd. NW
DATE:
August 17,2004
INTRODUCTION
As directed, Finance has negotiated a purchase agreement with the property owner at 1853 Crosstown
Boulevard NW.
DISCUSSION
The property at 1853 Crosstown Boulevard NW is a residential parcel adjacent to property recently
purchased by City of Andover next to the Water Treatment Plant. Finance along with the City Attorney
are completing a purchase agreement and are seeking the Council's approval to complete the purchase of
the property. The purchase price is $200,000, with a closing on or before November 1,2004.
BUDGET IMPACT
The property acquisition at the negotiated price of $200,000 and associated closing fees will be funded
through the Water Trunk Fund and will provide for the ultimate expansion of the Water Treatment Plant.
ACTION REOUESTED
The Andover City Council is requested to approve the purchase of 1853 Crosstown Boulevard NW at the
negotiated price of $200,000.
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NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers ~
Jim Dickinson, Interim City Administrat~
Will Neumeister, Community Developm~~'\ector ~
CC:
FROM: Chris Vrchota, Planning Intern ~
SUBJECT: Approve Conditional Use Permit/Sign for Andover Christian Churchll6045
Nightingale St.--Planning
DATE: August 17th, 2004
INTRODUCTION
The Andover Christian Church is requesting a Conditional Use Permit to allow an institutional
sign in a residential district with an aggregate square footage exceeding thirty-two (32) square
feet. The sign will replace an existing sign that sits twelve (12) feet from the north property line
and fourteen (14) feet from the west property line.
DISCUSSION
Applicable Ordinances
Chapter 12-14-9 G ofthe Andover City Code allows the following with a Conditional Use
Permit:
.. Institutional signs in residential districts with an aggregate square footage exceeding thirty-
two (32) square feet and/or more than one sign per lot frontage, provided:
(l) The sign is located ten feet (10') from any property line.
(2) The aggregate square footage of sign space shall not exceed one hundred (100) square
feet.
(3) The sign shall be of the following styles: combination, freestanding, pedestal, roof or
wall.
(4) No more than one sign shall be allowed per lot frontage unless approved by city council.
(5) The sign shall be located at least one hundred thirty feet (130') from any residential
structure,
Chapter 12-5-6 B of the Andover City Code provides the following criteria for the issuance of a
Conditional Use Permit:
I, 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 on adjacent
streets and land.
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.
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2, If it shaU 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 harmony with the general purpose and intent of this title and the comprehensive
plan, the City Council may grant such permits,
Comparison of Proposal to Applicable Ordinances
The proposal conforms to aU applicable ordinances, The applicant has submitted plans for a
backlit, 60 square foot sign, Under the Conditional Use Permit, they would be aUowed a total of
100 square feet of sign area,
Staff Recommendation
Staff recommends approval of the proposed Conditional Use Permit
Attachments
Resolution /
Location Map ./
Letter from the Applicant ~
Sign Design l1lustrations
Planning Commission Minutes /
Planning Commission Recommendation
The Planning Commission unanimously recommended approval ofthe Conditional Use Permit.
ACTION REOUESTED
The City Council is asked to approve the Conditional Use Permit.
RespectfuUy Submitted,
dfl/lIL
Chris Vrchota
Cc: Andover Christian Church 16045 Nightingale St, Andover, MN 55304
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO,
A RESOLUTION APPROVING THE CONDITlONALUSE PERMIT REQUEST OF
ANDOVER CHRISTIAN CHURCH FOR PROPERTY LOCATED AT 16045 NIGHTINGALE
ST, NW, (PIN 15-32-24-42-0006) LEGALLY DESCRIBED AS:
The North 693,00 feet of the West 402,00 feet as measured along the West and North lines
respectively, of the Northwest Quarter of the Southwest Quarter of Section 15, Township 32,
Range 24, Anoka County, Minnesota, Except the South 30,0 feet thereof, as measured at right
angles to the South line thereof. Also Except Parcel 21, ANOKA COUNTY HIGHWAY
RIGHT-OF-WAY PLAT No.2, according to the recorded plat thereof, Anoka County,
Minnesota, and Also Except Parcel 33, ANOKA COUNTY HIGHWAY RIGHT -OF- WAY
PLAT No. 20, according to the recorded plat thereof, Anoka County, Minnesota.
AND
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That part of the Northwest Quarter of the Southeast Quarter of Section 15, Township 32, Range
24, Anoka County, Minnesota, lying South of the Right-of-Way line of County State Aid
Highway No, 20, per ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT No. 20,
according to the recorded plat thereof, Anoka County, Minnesota, and lying East of the West
402.00 feet thereof, as measured along the North line thereof, and lying Northwesterly of the
following described line:
Beginning at the Southeast comer of the North 663.00 feet of the West 402.00 feet of said
Northwest Quarter of the Southeast Quarter as measured along the West and North lines thereof;
thence Northeasterly in a straight line, to a point on the South Right-of-Way line of said County
State Aid Highway No. 20, distant 300,00 feet Westerly of the East line of said Northwest
Quarter of the Southeast Quarter, and to the point of termination of the line being described,
WHEREAS, Andover Christian Church has requested a Conditional Use Permit for institutional
signage in a residential district with an aggregate square footage exceeding thirty-two (32)
square feet and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of City Code;
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;
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WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the Conditional Use Permit request;
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Conditional Use Permit for institutional signage in a residential district with a maximum
aggregate square footage of one hundred (100) square feet on said property with the following
condition:
1. That the sign shall conform in all other aspects to City Code section 12-14-9.
Adopted by the City Council of the City of Andover on this _day of
,2004,
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria Volk, City Clerk
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July 20, 2004
Andover City Planning Commission
1685 CrosstO\\n Boulevard NW
Andover, MN 55304
Re: Request for Variance to Sign age for Andover Christian Church
Dear Commissioners:
This letter is to request a variance in the size of signage allowed by the City of Andover. After
consultation with several signage companies it was brought to our attention that the signage size
currently allowed by city ordinance allows four-inch letters. According to research referenced
above, four inch letters afforded by the current sized signage allowed does not allow for the
messaging to be recognized with the current speed limit set at 55 Mph along 161" Street.
We respectfully request a variance in the signage sizing for an increase to 6'xIO' area to allow for
8" lettering. This will make the sign more visible and easier to read by passing traffic and therefore
also less of a distraction to passing traffic. We have included all documentation required by the
planning commission (see attached) and stand ready to answer any question that come up.
Please review the attached information and place our request before the planning commissions ne:\.i
meeting. Your attention in this matter is greatly appreciated.
Sincerely,
ANDOVER CHRISTIAN CHURCH
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see anything in the report which would indicate such an area exists in Andover that cou
not be redeveloped without that type of substantial help and the residential property
owners are indicating they do not want their property redeveloped. He also did n
understand the financial side of this. He stated that the report indicates that
condemnation is possible, He stated all of this concerned him,
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 10, 2004
Page 4
Mr, Hagen stated they still need to get the budget and substandard rep but/for findings
for the City Council meeting on August 17th. It was his understand' g that tax increment
does not give the City or EDA any more power to do any extra c demnation or any
purchasing or anything different then what they could before. t only says they can use
tax increment for some of those purposes within that area. e stated it also sounds like
after they get the report, the residential properties may need to be in the District
anymore or if they are needed to actually satisfy the ea test. He stated is sort of
academic to make a statutory finding. He thought is was expanded to satisfy the
testing.
Commissioner Jasper stated they are sup sed be making a decision on this but they do
not have all the information to make a ecision and he gets the feeling that they are
expected to say it is just ok without e information. He stated he did not like doing this.
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Commissioner Vatne stated a e tail end of the document there is a note that additional
information will be added lOr to the public hearing. That does not allow them to
evaluate the informatio at is moving forward. They are asked to make a
recommendation bas on less than full information. The author of the proposal is not at
the meeting to ex in it to them and Mr. Hagen is also filling in for someone. He stated
he would appre ate in the future that Mr. Neumeister is at the meeting to help them
understand b ter. He stated they needed to have the right people, the right information
available e right explanation and the right walk through to help evaluate whether or not
this is good fit. He did not think he could make a positive recommendation without the
add' onal information.
Motion by Vatne, seconded by Casey, to deny adopting the TIF Plan for lack of sufficient
information. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote.
Mr. Bednarz stated that this item would be before the Council at the August 17, 2004
City Council meeting,
PUBLIC HEARING: CONDITIONAL USE PERMIT (04-06) TO ALLOW
INSTITUTIONAL SIGN AREA OF UP TO 100 SQUARE FEET FOR ANDOVER
CHRISTIAN CHURCH LOCATED A T 16045 NIGHTINGALE STREET NW.
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Mr. Vrchota explained the Andover Christian Church is requesting a Conditional Use
Permit to allow an institutional sign in a residential district with an aggregate square
footage exceeding thirty-two (32) square feet.
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 10, 2004
Page 5
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ML Vrchota discussed the information with the Planning Commission.
Commissioner Gamache asked how far back from the property line are they proposing to
put the sign, Mr, Vrchota stated they do not have an exact location but it would be in the
same spot as the previous sign was. ML Bednarz thought it would be ten feet. The
applicant stated it would go in the same spot as the previous sign.
Chairperson Daninger asked if the sign was lighted, The applicant stated it was backlit.
Motion by Gamache, seconded by Jasper, to open the public hearing at 7:50 p.m. Motion
carried on a 6-ayes, O-nays, I-absent (Greenwald) vote,
Commissioner Casey asked if the placement of the sign on the comer of Nightingale and
161" or is it set further back on the property, Mr, Wayne Buse stated the sign is in the
comer of the property along Nightingale and 161" Avenue,
Commissioner Kirchoff asked how the sign would be angled. ML Buse thought it would
be perpendicular to Nightingale.
Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:53 p.m.
() Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote.
Motion by Kirchoff, seconded by Gamache, to recommend to the City Council approval
of Resolution No, _, approving the Conditional Use Permit.
Commissioner Vatne thought it was a nice looking sign and met all of the conditions.
Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote.
Mr. Bednarz stated that this item would be before the Council at the August 17,2004
City Council meeting.
VARIANCE (04-06) TO VARY FROM THE MINIMUM LOT SIZE
EQUIREMENTS OF CITY CODE 5-IA FOR SHELTERING HORSES ON
P RTY LOCATED AT 17536 QUAY STREET NW.
ML Bednarz exp . d that the applicant did not provide information in time for this item
to be included in the pac This item will not be reviewed at the August 10,2004
meeting.
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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:
CC:
FROM: Vicki V olk, City Clerk
SUBJECT: Extend Liquor Licenserranner's Steakhouse
DATE: August 17, 2004
DISCUSSION
The information for this item will be provided at the meeting.
Respectfully submitted,
IlL: (),tl/
Vicki V olk
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:
Mayor and Councilmembers _
Jim Dickinson, Acting City Administra~
Captain Dave Jenkins - Anoka County ~fice
CC:
FROM:
SUBJECT:
Receive Anoka County Sheriff's Department Monthly Report
DATE:
August 17,2004
INTRODUCTION
Captain Dave Jenkins from the Anoka County Sheriff's Office will be present to provide the
Council and the citizens of Andover with an update on law enforcement activities within the
City, Attached is a copy of the July 2004 monthly report.
DISCUSSION
To be verbally presented.
ACTION REOUlRED
For Council information.
Respectfully submitted,
y~J(~
Captain Dave Jenkins
Anoka County Sheriffs Office
Attachment: July 2004 monthly report
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B. CITY OF ANDOVER - JULY 2004
Current Mo. Last Month YTD LAST YTD
Radio Calls 1,145 1,026 6,270 6,244
Incident 1,016 926 6,074 5,077
Report
Burglaries 18 11 82 44
Thefts 87 415 393
48
Crim.Sex 4 1 18 13
Condo
Assault 16 8 83 73
Dam to Prop. 62 41 251 315
Harr. Comm. 13 6 69 61
Felony Arrests 6 8 63 53
Gross Mis. 6 4 33 42
Misd. Arrests 61 63 367 284
DUI Arrests 11 10 74 27
Domestic Arr. 10 5 60 28
Warrant Arr. 9 21 111 108
Traffic Arr. 205 136 1,094 848
:-.J Community Service Officer Report
C. CITY OF ANDOVER - JULY 2004
CJ
Current Month Last Month YTD Last YTD
Radio Calls 146 181 1,157 1,082
Incident Report 108 136 684 563
Accident Assists 12 17 121 115
Vehicle Lock 30 28 241 204
Out
Extra Patrol 115 104 484 716
House Checks 4 5 38 133
Bus. Checks 36 17 140 279
Animal Compl. 44 73 367 471
Traffic Assist 4 8 41 41
Aids: Agency 130 129 728 816
Aids: Public 51 38 350 504
Paper Service - - - -
Inspections - - - -
Ordinance Viol. - - - -
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
FROM:
Mayor and Council Members
Jim Dickinson, Interim City Administrat~ ,}
Will Neumeister, Director of Community Development u/rJAr--
TO:
SUBJECT: Public Hearing/Consider Resolution Modifying Development District No. I and
Tax Increment Financing Plan for TIF District 1-4 - Planning/Finance
DATE:
August 17, 2004
INTRODUCTION
Staff held a meeting with the property owners in the area known as Hughs Industrial Park on
June 22, 2004. Five property owners were present representing nine of the properties. Staff
indicated that the process to set up the District must start over because of the lack of a quorum
at a Council meeting in June.
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\.J DISCUSSION
The continuation of the item became an opportunity to discuss with property owners in the
area what this redevelopment opportunity is and whether they would be interested in being
included in the proposed TIF District. In order to assist in qualifying parcels that will be
included in the potential new district there would need to be a visual inspection and report on
the properties in the area to determine whether the conditions present will qualify the property
for inclusion in the tax increment district (i.e. site coverage, building conditions, etc.). With
the assistance of staff from Ehlers Associates, inspections were conducted on buildings in the
area, Staff has also been working with Ehlers Associates, to complete the necessary
paperwork and bring this item before the City Council on August 17,2004 to establish the
new Tax Increment Financing District in the area of 161" and Round Lake Boulevard, The
prevalent comment at the June 22, 2004 meeting was that the properties could greatly benefit
from being included in the TIF District and that we should continue our efforts to expand the
boundaries of the original area that was to be included. .
PLANNING COMMISSION REVIEW
The Planning Commission reviewed the Tax Increment District Plan and materials on August
10,2004. Two residential property owners attended and made comments that they did not
want to be included in the proposed district. They expressed their concerns and did not feel
they were interested in being included in the TIF District. Inclusion of both parcels is
beneficial because together they offer more possibilities to businesses in the area that may
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want to expand their businesses, or for new businesses that may want to locate in Andover,
This does not mean that the City is going to move ahead with rezoning their property at this
time, but inclusion in the District offers up that possibility in the future, should the property
owner desire a change to industrial.
The Planning Commission recommended denial of the proposed resolution that indicated that
the plan was in conformance with the general plan of development and redevelopment of the
City. Minutes of that meeting are attached.
ACTION REOUESTED
The Council is requested to review the materials establishing the proposed TIF District 1-4.
Council is asked to approve the resolution authorizing the establishment of the proposed TIF
District 1-4; and also authorizing the proposed o. tions to Development District No. I.
Respectfully Submitted,
k/.i( ~11~
Will Neumeister ~
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Attachments
Resolution /
Summary and Full Copy of Tax Increment Financing Plan (for TIF District 1-4) ./
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
,~)
RESOLUTION NO.
RESOLUTION ADOPTING A MODIFICATION TO THE
DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1
AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO.
1-4 THEREIN AND ADOPTING A TAX INCREMENT FINANCING
PLAN THEREFOR.
WHEREAS, it has been proposed by the Board of Commissioners (the "Board") of the
Andover Economic Development Authority (the "EDA") and the City of Andover (the "City")
that the City Council of the City of Andover adopt a Modification to the Development Program
for Development District No. 1 (the "Development Program Modification") and establish Tax
Increment Financing District No. 1-4 and adopt a Tax Increment Financing Plan (the "TIF Plan")
therefor (the Development Program Modification and the TIF Plan are referred to collectively
herein as the "Program Modification and TIF Plan"), all pursuant to and in conformity with
applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082, and Sections
469.174 to 469.1799, inclusive, as amended (the "Act"), all as reflected in the Program
Modification and TIF Plan and presented for the Board's consideration; and
WHEREAS, the EDA has investigated the facts relating to the Program Modification and
TIF Plan and has caused the Program Modification and TIF Plan to be prepared; and
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WHEREAS, the EDA has performed all actions required by law to be performed prior to
the adoption of the Program Modification and TIF Plan. The EDA has also requested the City
Planning Commission to provide for review of and written comment on Program Modification
and TIF Plan and that the Council schedule a public hearing on the Program Modification and
TIF Plan upon published notice as required by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover as follows:
1. The City of Andover hereby finds that Tax Increment Financing District No. 1-4
is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section
469. I 74, Subd. 10 (a)(I), and finds that the adoption of the proposed Program Modification and
TIF Plan conform in all respects to the requirements of the Act and will help fulfill a need to
develop an area of the State of Minnesota which is already built up and that the adoption of the
proposed Program Modification and TIF Plan will help provide employment opportunities in the
State and in the preservation and enhancement of the tax base of the City and the State because it
will discourage commerce and industry from moving their operations to another state or
municipality and thereby serves a public purpose.
2. The City of Andover further finds that the Program Modification and TIF Plan
will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the
development or redevelopment of the project area by private enterprise in that the intent is to
provide only that public assistance necessary to make the private developments financially
feasible.
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3.
Conditioned upon the approval thereof by the City Council following its public
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hearing thereon, the Program Modification and TIF Plan, as presented to the City of Andover on
this date, are hereby approved, established and adopted and shall be placed on file in the office of
the City Administrator.
4. Upon approval of the Program Modification and TIF Plan by the City Council,
the staff, the EDA's advisors and legal counsel are authorized and directed to proceed with the
implementation of the Program Modification and TIF Plan and for this purpose to negotiate, draft,
prepare and present to this Board for its consideration all further plans, resolutions, documents
and contracts necessary for this purpose. Approval of the Program Modification and TIF Plan
does not constitute approval of any project or a Development Agreement with any developer.
5. Upon approval of the Program Modification and TIF Plan by the City Council,
the Interim City Administrator is authorized and directed to forward a copy of the Program
Modification and TIF Plan to the Minnesota Department of Revenue pursuant to Minnesota
Statutes 469.175, Subd. 4a.
6. The Interim City Administrator is authorized and directed to forward a copy of
the Program Modification and TIF Plan to the Anoka County Auditor and request that the Auditor
certifY the original tax capacity of the District as described in the Program Modification and TIF
Plan, all in accordance with Minnesota Statutes 469.177.
Approved by the City Council of the City of Andover this 17'" day of August, 2004.
Mayor
A ITEST:
City Clerk
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Ehlers & Associates, Inc.
Tax Increment Financing District Overview
e
EHLERS
... AS 5 0 elATE $ I Me
City of Andover - Tax Increment Financing District No. 1-4
The following summary contains an overview of the basic elements of the Tax Increment Financing Plan
for Tax Increment Financing District No. 1-4. More detailed infonnation on each of these topics can be
found in the complete TIF Plan.
Maximum duration:
Establishment of Tax Increment Financing District No. 1-4 and the
adoption of a Tax Increment Financing Plan.
Adoption of a Development Program Modification for Development
District No. 1. The Modification includes the project activities
anticipated in Tax Increment Financing District No. 1-4.
A redevelopment district
16-32-24-23-0001 16-32-24-23-0013 16-32-24-23-0020
16-32-24-23-0002 16-32-24-23-0014 16-32-24-23-0021
16-32-24-23-0005 16-32-24-23-0015 16-32-24-23-0022
]6-32-24-23-0009 16-32-24-23-0016 16-32-24-23-0023
16-32-24-23-0010 16-32-24-23-0017 16-32-24-23-0024
16-32-24-23-00 II ] 6-32-24-23-00 18 16-32-24-24-0003
]6-32-24-23-0012 16-32-24-23-0019 16-32-24-24-0004
The District is being created to facilitate the demolition of several
substandard buildings. New buildings will be constructed that will
serve primarily as office and warehouse facilities for service
businesses, within the City. The project is expected to be in two
phases. Proposed for Phase I is a 14,000 s.f. building, with an
estimated value of $725,000. The proposal for Phase]] includes a
6,000 s.f. addition to the Phase I building ,to be built at a later date.
Development is likely to begin in the Spring/Summer of 2005. The
balance of the properties in the proposed district are aging and have
expressed interest in a variety of building and site improvements to
expand, upgrade facades or make site improvements to their properties
to bring them up to current building and fire codes.
The duration of TIF District No. 1-4 will be 25 years from the date of
receipt of the first increment (26 years of increment). The date of
receipt of the first tax increment will be approximately 2007. Thus, it
is estimated that District No. ]-4, including any modifications of the
TlF Plan for subsequent phases or other changes, would tenninate after
2032, or when the TlF Plan is satisfied.
Proposed action:
Development District:
Type of TlF District:
Parcel Numbers:
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Proposed Development:
Estimated annual tax
increment:
$300,263 per year
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T1F District Overview
Proposed uses:
The TIF Plan contains the following budget:
Land/Building Acquisition .......................................... $1,000,000
Site ImprovementslPreparation .................................... $1,200,000
Public Utilities ;............................................................... $300,000
Parking Facilities ......................................................... $1,000,000
Streets and Sidewalks .................................................. $1,000,000
Other Public Improvements ......................................... $1,000,000
Interest .......... ................................................................ $1,536,840
Administrative Costs (up to 10%) ................................... $780.000
TOTAL PROJECT COSTS....................................... $7.816.840
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Interfund Loan / Revolving
Loan Requirement:
See Subsection 2-10, page 2-6 of the TIF Plan for the full budget
authorization. Additional uses of funds are authorized which include
inter-fund loans and transfers and bonded indebtedness.
Financing will be primarily through a pay-as-you-go note.
Up to 10% of annual increment, if costs are justified.
The EDA chooses to calculate fiscal disparities by clause a (outside the
District)
Coverage Test: greater than 15% of s.f. improved
Substandard Test: not in compliance with current building code AND
will cost greater than 15% of constructing a new similar structure.
If the City wants to pay for administrative expenditures from a tax
increment fund, it is recommended that a resolution authorizing a loan
from another fund be passed PRIOR to the issuance of the check.
Form of financing:
Administrative fee:
Fiscal Disparities Election:
Qualifications
The reasons and facts supporting the findings for the adoption of the TIF Plan for TIF District No. 1-4,
as required pursuant to MS., Section 469.175, Subd. 3, are included in Exhibit A of the resolution.
Page 2
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TlF District Overview
BOUNDARY MAPS OF DEVELOPMENT DISTRlCT NO.1
AND TAX INCREMENT FINANCING DISTRlCT NO. 1-4
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Tax Increment Financing District No. 1-4
Development District No.1
City of Andover
Anoka County, Minnesota
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::::::::::::::::: Tax Increment Financing District No, 1-4 (Subject Site)
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TIF District 1-4
Economic Development Authority
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As of July 16, 2004
Draft for Fiscal Implications
MODIFICATION TO THE DEVELOPMENT PROGRAM
FOR DEVELOPMENT DISTRICT NO.1
and the
TAX INCREMENT FINANCING PLAN
for the establishment of
TAX INCREMENT FINANCING DISTRICT NO. 1-4
(a redevelopment district)
within
:J
DEVELOPMENT DISTRICT NO.1
CITY OF
NDOVE
ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Public Hearing: August 17, 2004
Adopted:
This document is in draft form for distribution to the County and the School District. The TIF
Plan contains the estimatedfiscal and economic implications of the proposed TIF District. The
City and the EDA may make minor changes to this draft document prior to the public hearing.
()
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EHLERS
& ASS 0 C I" T E S IN C
Prepared by: EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105
651-697-8500 fax: 651-697-8555 www.ehlers-inc.com
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TABLE OF CONTENTS
(for reference purposes only)
SECTION 1- MODIFICATION TO THE DEVELOPMENT PROGRAM
FOR DEVELOPMENT DISTRICT NO.1, . , . . . . , . , . . . . . , , , , . . . . , , , , . . . . , . , " 1-1
Foreword. . . , . . . . , . . . . . , . , . . . . . , . . . . . . , , , . . . , , . , , . . . . . , , . . . . . , . . . . . . .. 1-1
SECTION 11- TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING District NO. 1-4 , , . . . . . . . . . . . . . . . . . . , . . . , . . 2-1
Subsection 2-1. Foreword"......,......"......".......".........." 2-1
Subsection 2-2. Statutory Authority ,...."......,........,.....,.,."..... 2-1
Subsection 2-3, Statement of Objectives. . , , , , , . . . . . , , , . . . . . . , . . . . . . . . . . . " 2-1
Subsection 2-4. Development Program Overview .",........,............,.. 2-1
Subsection 2-5. Description of Property in the District and Property To Be Acquired . 2-2
Subsection 2-6. Classification of the District ....".......,.,.....,.,........ 2-2
Subsection 2-7. Duration of the District ."......,.........,......,......... 2-4
Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Valuellncrement and Notification of Prior Planned Improvements ...,.........,. 2-4
Subsection 2-9. Sources of Revenue/Bonded Indebtedness ....",......"."., 2-5
Subsection 2-10, Uses of Funds .....,....."......"......."..........,. 2-6
Subsection 2-11, State Tax Increment Financing Aid (Local Contribution) , , , . . . . . . . . 2-7
Subsection 2-12. Fiscal Disparities Election. . . , . , . . . . . . . . . . . . . . . , . . . . . . . . . . . , 2-7
Subsection 2-13. Business Subsidies ...,....."........,.......",........ 2-7
Subsection 2-14. County Road Costs ...",.....,..........,............,.. 2-8
Subsection 2-15. Estimated Impact on Other Taxing Jurisdictions. . . . . . . . . . . . . . . .. 2-9
Subsection 2-16. Supporting Documentation, . . . . . , . . . . . . . . . . , . . . . . . . . . . . , , . . 2-9
Subsection 2-17. Definition of Tax Increment Revenues ,........,.........".,. 2-9
Subsection 2-18. Modifications to the District. . . . . . . . . . . . . . , . . . . . . . , . . . . . . . .. 2-10
Subsection 2-19. Administrative Expenses ................................. 2-10
Subsection 2-20. Limitation of Increment. , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-11
Subsection 2-21. Use of Tax Increment.....,.......,...................,., 2-12
Subsection 2-22. Excess Increments, . . . . . . . . , . . . . . . , , . . . . . . . , . . . . . . . . . . ., 2-13
Subsection 2-23. Requirements for Agreements with the Developer. . . . . . . . , , . . ,. 2-13
Subsection 2-24. Assessment Agreements. . . , . . . . . . . , , . . . . . . . . , . . . . . . . . . .. 2-13
Subsection 2-25, Administration of the District. . . , , . , , . . . . . . , . , . . . . . . . . , , , , .. 2-13
Subsection 2-26. Annual Disclosure Requirements ."........"........",.,. 2-14
Subsection 2-27. Reasonable Expectations. . . . . . , . . . . . . . . . , , . . . . . . . . . , , . . . . 2-14
Subsection 2-28. Other Limitations on the Use of Tax Increment ...,............ 2-14
Subsection 2-29. Summary ..............,........,.............,....... 2-15
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APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX 0
APPENDIX E
C) APPENDIX F
APPENDIX G
PROJECT DESCRIPTION ,.,.,..."",.......,.,.........,." A-1
MAPS OF DEVELOPMENT DISTRICT NO.1 AND THE DISTRICT. . . . , B-1
DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT . . C-1
ESTIMATED CASH FLOW FOR THE DiSTRiCT......."".,...... 0-1
MINNESOTA BUSINESS ASSISTANCE FORM ",.",........"." E-1
REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT ""..... F-1
BUT/FOR QUALIFICATIONS ....."..,.............",........ G-1
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SECTION 1- MODIFICA TION TO THE DEVELOPMENT PROGRAM
FOR DEVELOPMENT DISTRICT NO.1
Foreword
The following text represents a Modification to the Development Program for Development District No. I.
This modification represents a continuation ofthe goals and objectives set forth in the Development Program
for Development District No. 1. Generally, the substantive changes include the establishment of Tax
Increment Financing District No. 1-4.
For further information, a review of the Development Program for Development District No. I, adopted
September 2, 1986, is recommended. It is available from the City Administrator at the City of Andover.
Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment
Financing Districts located within Development District No. I.
Andover Economic Development Authority
Modification to the Development Program for Development District No.1
1.1
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SECTION 11- TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING District NO. 1-4
Subsection 2-1. Foreword
The Andover Economic Development Authority (the "EDA"), the City of Andover (the "City"), staff and
consultants have prepared the following information to expedite the establishment of Tax Increment
Financing District No. 1-4 ("the District"), a redevelopment tax increment financing district, located in
Development District No. I.
Subsection 2-2. Statutory Authority
Within the City, there exists areas where public involvement is necessary to cause development or
redevelopment to occur. To this end, the EDA and City have certain statutory powers pursuant to Minnesota
Statutes ("M.S. '~, Sections 469.090 to 469.1082, inclusive, as amended, and M.s., Sections 469.174 to
469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing
public costs related to this project.
This section contains the Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing
District No. 1-4. Other relevant information is contained in the Modification to the Development Program
for Development District No.1.
Subsection 2-3. Statement of Objectives
(j
The District currently consists of twenty one parcels ofland and adjacent and internal rights-of-way. The
District is being created to facilitate the renovation and demolition of substandard buildings within the
district. New buildings will be constructed where the buildings will be demolished. Contracts for this have
not been entered into at the time of preparation of this TIF Plan, but development is likely to begin in the
Spring/Summer of 2005. This TIF Plan is expected to achieve many of the objectives outlined in the
Development Program for Development District No. I.
The activities contemplated in the Modification to the Development Program and the TIF Plan do not
preclude the undertaking of other qualified development or redevelopment activities. These activities are
anticipated to occur over the life of Development District No. I and the District.
Subsection 2-4.
Development Program Overview
I. Property to be Acquired - Selected property located within the District may be acquired by
the EDA or City and is further described in this TIF Plan.
2. Relocation - Relocation services, to the extent required by law, are available pursuant to
M.S., Chapter 117 and other relevant state and federal laws.
3. Upon approval of a developer's plan relating to the project and completion of the necessary
legal requirements, the EDA or City may sell to a developer selected properties that it may
acquire within the District or may lease land or facilities to a developer.
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4. The EDA or City may perform or provide for some or all necessary acqUlsll1on,
construction, relocation, demolition, and required utilities and public streets work within the
District.
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Subsection 2-5. Description of Property in the District and Property To Be Acquired
C)
The District encompasses all property and adjacent rights-of-way identified by the parcels listed below. See
the map in Appendix B for further information on the location of the District.
16-32-24-23-0001
16-32-24-23-0002
16-32-24-23 -0005
16-32-24-23-0009
16-32-24-23-0010
16-32-24-23-0011
16-32-24-23-0012
Parcel Numbers
16-32-24-23-0013
16-32-24-23-0014
16-32-24-23-0015
16-32-24-23-0016
16-32-24-23-0017
16-32-24-23-0018
16-32-24-23-0019
16-32-24-23-0020
16-32-24-23-0021
16-32-24-23-0022
16-32-24-23-0023
16-32-24-23-0024
16-32-24-24-0003
16-32-24-24-0004
The EDA or City may acquire any parcel within the District including interior and adjacent street rights of
way. Any properties identified for acquisition will be acquired by the EDA or City only in order to
accomplish one or more of the following: storm sewer improvements; provide land for needed public streets,
utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to
accomplish the uses and objectives set forth in this plan. The EDA or City may acquire property by gift,
dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this
TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to [mance the
acquisition and related costs.
Subsection 2-6. Classification of the District
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The EDA and City, in determining the need to create a tax increment financing district in accordance with
M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a
redevelopment district pursuant to M.s., Section 469.174, Subd. 10(a)(1) as defined below:
(a) "Redevelopment district" means a type of tax increment financing district consisting of a project,
or portions of a project, within which the authority finds by resolution that one or more of the
following conditions, reasonably distributed throughout the district, exists:
(1) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets,
utilities, paved or gravel parking lots or other similar structures and more than 50 percent
of the buildings, not including outbuildings, are structurally substandard to a degree
requiring substantial renovation or clearance;
(2) The property consists of vacant, unused, underused, inappropriately used, or infrequently
used rail yards, rail storage facilities or excessive or vacated railroad rights-of- way;
(3) tank facilities, or property whose immediately previous use was for tank facilities, as
defined in Section 115C, Subd. 15, if the tankfacility:
(i) have or had a capacity of more than one million gallons;
(ii) are located adjacent to rail facilities; or
(iii) have been removed, or are unused, underused, inappropriately used or infrequently
used; or
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(4) a qualifying disaster area, as defined in Subd. lab.
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(b) For purposes of this subdivision, "structurally substandard" shall mean containing defects in
structural elements or a combination of deficiencies in essential utilities andfacilities, light and
ventilation,fire protection including adequate egress, layout and condition of interior partitions,
or similar factors, which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance.
(c) A building is not structurally substandard ifit is in compliance with the building code applicable
to new buildings or could be modified to satisfY the building code at a cost of less than 15
percent of the cost of constructing a new structure of the same square footage and type on the
site. The municipality may find that a building is not disqualified as structurally substandard
under the preceding sentence on the basis of reasonably available evidence, such as the size,
type, and age of the building, the average cost of plumbing, electrical, or structural repairs or
other similar reliable evidence. The municipality may not make such a determination without
an interior inspection of the property, but need not have an independent, expert appraisal
prepared of the cost of repair and rehabilitation of the building. An interior inspection of the
property is not required, if the municipality finds that (1) the municipality or authority is unable
to gain access to the property after using its best efforts to obtain permission from the party that
owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion
that the building is structurally substandard.
(d) A parcel is deemed to be occupied by a structurally substandard buildingfor purposes of the
finding under paragraph (a) if all of the following conditions are met:
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(1) the parcel was occupied by a substandard building within three years of the filing of the
request for certification of the parcel as part of the district with the county auditor;
(2) the substandard building was demolished or removed by the authority or the demolition or
removal was financed by the authority or was done by a developer under a development
agreement with the authority;
(3) the authority found by resolution before the demolition or removal that the parcel was
occupied by a structurally substandard building and that after demolition and clearance the
authority intended to include the parcel within a district; and
(4) upon filing the request for certification of the tax capacity of the parcel as part of a district,
the authority notifies the county auditor that the original tax capacity of the parcel must be
adjusted as provided by 3469.177, subdivision 1, paragraph (f).
(e) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved
or gravel parking lots or other similar structures unless 15 percent of the area of the parcel
contains buildings, streets, utilities, paved or gravel parking lots or other similar structures.
(j) For districts consisting of two or more noncontiguous areas, each area must qualify as a
redevelopment district under paragraph (a) to be included in the district, and the entire area of
the district must satisfY paragraph (a).
In meeting the statutory criteria the EDA and City rely on the following facts and fmdings:
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o The District is a redevelopment district consisting of 21 parcels.
o An inventory shows that parcels consisting of more than 70 percent of the area in the District are
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occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures.
o An inspection of the buildings located within the District finds that more than 50 percent of the buildings
are structurally substandard as defined in the TIF Act. (See Appendix F).
Pursuant to M.S.469.176 Subd. 7, the District does not contain any parcel or part of a parcel that qualified
under the provisions of M.S 273.111 or 273.112 or Chapter 473H for taxes payable in any of the five
calendar years before the filing of the request for certification of the District.
Subsection 2-7. Duration of the District
Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of the District must
be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1 b, the duration of the District
will be 25 years afterreceipt of the first increment by the EDA or City (a total of26 years of tax increment).
The date of receipt by the City of the first tax increment is expected to be Thus, it is estimated that the
District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate
after 2032, or when the TIF Plan is satisfied. If increment is received in 2006, the term of the District will
be 2031. The EDA or City reserves the right to decertify the District prior to the legally required date.
Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value/Increment and Notification of Prior Planned Improvements
PursuanttoM.S., Section 469.174, Subd. 7 and M.S, Section 469.177, Subd. 1, the Original NetTax Capacity
(ONTC) as certified for the District will be based on the market values placed on the property by the assessor
in 2004 for taxes payable 2005.
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Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning
in the payment year 2007 the amount by which the original value has increased or decreased as a result of:
1. Change in tax exempt status of property;
2. Reduction or enlargement of the geographic boundaries ofthe district;
3. Change due to adjustments, negotiated or court-ordered abatements;
4. Change in the use of the property and classification;
5. Change in state law governing class rates; or
6. Change in previously issued building permits.
In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC,
no value will be captured and no tax increment will be payable to the EDA or City.
The original local tax rate for the District will be the local tax rate for taxes payable 2005, asswning the
request for certification is made before June 30, 2005. The ONTC and the Original Local Tax Rate for the
District appear in the table on the following page.
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Pursuant to M.S., Section 469.174 Subd. 4 and M.S, Section 469.177, Subd. 1,2, and 4, the estimated
Captured Net Tax Capacity (CTC) of the District, within Development District No.1, upon completion of
the project, will annually approximate tax increment revenues as shown in the table on the next page. The
EDA and City request 100 percent ofthe available increase in tax capacity for repayment of its obligations
and current expenditures, beginning in the tax year payable 2007, The Project Tax Capacity (pTC) listed
is an estimate of values when the project is completed.
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.~ Project Estimated Tax Capacity upon Completion (pTC) $400,000
Original Estimated Net Tax Capacity (ONTC) $71,312
Estimated Captured Tax Capacity (CTC) $328,688
Original Local Tax Rate 91.352% Pay 2004
Estimated Annual Tax Increment(CTC x Local Tax Rate) $300,263
Percent Retained by the EDA 100%
Pursuant to M.S., Section 469.177, Subd. 4, the EDA shall, after a due and diligent search, accompany its
request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S.,
Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which
building permits have been issued during the eighteen (18) months immediately preceding approval of the
TIF Plan by the municipality pursuant to M.s., Section 469.175, Subd. 3. The County Auditor shall increase
the original net tax capacity of the District by the net tax capacity of improvements for which a building
pennit was issued,
The City is reviewing the area to be included in the District to determine if any building permits have
been issued during the 18 months immediately preceding approval of the TIF Plan by the City.
Subsection 2-9. Sources of Revenue/Bonded Indebtedness
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Public improvement costs, acquisition, demolition, utilities, parking facilities, streets and sidewalks, and site
preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual
collection oftax increments. The EDA or City reserves the right to use other sources of revenue legally ap-
plicable to the EDA or City and the TlF Plan, including, but not limited to, special assessments, general
property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other
contributions from the developer and investment income, to pay for the estimated public costs.
The EDA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TlF
Plan. As presently proposed, the project will be financed by a pay-as-you-go note. Additional indebtedness
may be required to finance other authorized activities. The total principal amount of bonded indebtedness,
including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment
financing will not exceed $6,050,000 without a modification to the TlF Plan pursuant to applicable statutory
requirements. It is estimated that $6,050,000 in interfund loans is authorized to be financed with tax
increment revenues. It is estimated that $6,050,000 in transfers is authorized to be financed with tax
increment revenues. It is estimated that $6,050,000 in indebtedness debt proceeds is authorized to be
financed with tax increment revenues.
This provision does not obligate the EDA or City to incur debt. The EDA or City will issue bonds or incur
other debt only upon the detennination that such action is in the best interest of the City. The EDA or City
may also finance the activities to be undertaken pursuant to the TlF Plan through loans from funds of the
EDA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a
developer,
The estimated sources of funds for the District are contained in the table on the following page,
o
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, SOURCES OF FUNDS TOTAL
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<) Tax Increment $7,806,840
Revenue $10,000
PROJECT REVENUES $7 ,816,840
Interfund Loans $6,050,000
Transfers $6,050,000
Bond Proceeds $6,050,000
Subsection 2-10. Uses of Funds
Currently under consideration for the District is a proposal to facilitate the demolition of several substandard
buildings. New buildings will be constructed that will serve primarily as office and warehouse facilities for
service businesses, within the City. The EDA and City have determined that it will be necessary to provide
assistance to the project for certain costs. The EDA has studied the feasibility of the development or
redevelopment of property in and around the District. To facilitate the establishment and development or
redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost
of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is
outlined in the following table.
USES OF FUNDS TOTAL
~ LandJBuilding Acquisition $1,000,000
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Site Improvements/Preparation $1,200,000
Public Utilities $300,000
Parking Facilities $1,000,000
Streets and Sidewalks $1,000,000
Other Public Improvements $1,000,000
Interest $1,536,840
Administrative Costs (up to 10%) $780,000
PROJECT COSTS TOTAL $7 ,816,840
Interfund Loans $6,050,000
Transfers $6,050,000
Bond Principal $6,050,000
The above budget is organized according to the Office of State Auditor (OSA) reporting forms.
It is estimated that the cost of improvements, including administrative expenses which will be paid or
financed with tax increments, will equal $7,816,840 as is presented in the budget above.
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Estimated costs associated with the District are subject to change among categories without a modification
to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed,
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without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant
to MS., Section 469.1763, Subd. 2, no more than 25 percent of the tax increment paid by property within the
District will be spent on activities related to development or redevelopment outside ofthe District but within
the boundaries of Development District No. I, (including administrative costs, which are considered to be
spent outside of the District) subject to the limitations as described in this TIF Plan,
Subsection 2-11.
State Tax Increment Financing Aid (Local Contribution)
MS., Section 273.1399 (LGNHACA penalty) was repealed by the 2001 Legislature and does not apply to
the District.
Subsection 2.12. Fiscal Disparities Election
PursuanttoMS., Section 469.177, Subd. 3, the EDA or City may elect one of two methods to calculate fiscal
disparities. Ifthe calculations pursuantto MS., Section 469.177, Subd. 3, clause a, (outside the District) are
followed, the following method of computation shall apply:
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(1) The original net tax capacity and the current net tax capacity shall be determined beJore the
application oJthefiscal disparity provisions oJChapter 276A or 473F. Where the original net
tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax
capacity and no tax increment determination. Where the original net tax capacity is less than
the current net tax capacity, the difference between the original net tax capacity and the current
net tax capacity is the captured net tax capacity. This amount less any portion thereoJ which
the authority has designated, in its tax increment financing plan, to share with the local taxing
districts is the retained captured net tax capacity oj the authority.
(2) The county auditor shall exclude the retained captured net tax capacity oJthe authority Jrom the
net tax capacity oj the local taxing districts in determining local taxing district tax rates. The
local tax rates so determined are to be extended against the retained captured net tax capacity
oj the authority as well as the net tax capacity oj the local taxing districts. The tax generated
by the extension oJthe lesser oj (A) the local taxing district tax rates or (B) the original local
tax rate to the retained captured net tax capacity oj the authority is the tax increment oj the
authority.
The EDA will choose to calculate fiscal disparities by clause a (outside the District).
According to MS., Section 469.177, Subd. 3:
(c) The method oj computation oJtax increment applied to a district pursuant to paragraph (a) or
(b) shall remain the same Jor the duration oj the district, except that the governing body may
elect to change its electionJrom the method oj computation in paragraph (a) to the method in
paragraph (b).
Subsection 2-13. Business Subsidies
Pursuant to M.S. Sections 116.1.993, Subd. 3, the following forms of financial assistance are not considered
a business subsidy:
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(I) A business subsidy ofless than $25,000;
(2) Assistance that is generally available to all businesses or to a general class of similar businesses,
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such as a line of business, size, location, or similar general criteria;
(3) Public improvements to buildings or lands owned by the state or local government that serve a
public purpose and do not principally benefit a single business or defined group of businesses at
the time the improvements are made;
(4) Redevelopment property polluted by contaminants as defined inM.S. Section 116J.552, Subd. 3;
(5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing
it up to code and assistance provided for designated historic preservation districts, provided that
the assistance is equal to or less than 50% of the total cost;
(6) Assistance to provide job readiness and training services if the sole purpose of the assistance is
to provide those services;
(7) Assistance for housing;
(8) Assistance for pollution control or abatement, including assistance for a tax increment financing
hazardous substance subdistrict as defined under M.S. Section 469.174, Subd. 23;
(9) Assistance for energy conservation;
(10) Tax reductions resulting from conformity with federal tax law;
(II) Workers' compensation and unemployment compensation;
(12) Benefits derived from regulation;
(13) Indirect benefits derived from assistance to educational institutions;
(14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and
bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal
Revenue Code of 1986, as amended through December 31, 1999;
(15) Assistance for a collaboration between a Minnesota higher education institution and a business;
(16) Assistance for a tax increment fmancing soils condition district as defined under M.S. Section
469.174, Subd. 19;
(17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation
is 70 percent or more of the assessor's current year's estimated market value;
(18) General changes in tax increment financing law and other general tax Jaw changes of a principally
technical nature.
(19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local
government agency;
(20) Funds from dock and wharf bonds issued by a seaway port authority;
(21) Business loans and loan guarantees of $75,000 or less; and
(22) Federal loan funds provided through the United States Department of Commerce, Economic
Development Administration.
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The EDA will comply with M.S., Section 116J.993 to 110.994 to the extent the tax increment assistance
under this TIF Plan does not fall under any of the above exemptions.
Subsection 2-14. County Road Costs
Pursuant to M.S., Section 469.175, Subd. 1 a, the county board may require the EDA or City to pay for all or
part of the cost of county road improvements if the proposed development to be assisted by tax increment
will, in the judgement of the county, substantially increase the use of county roads requiring construction of
road improvements or other road costs and if the road improvements are not scheduled within the next five
years under a capital improvement plan or within five years under another county plan.
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Subsection 2-15. Estimated Impact on Other Taxing Jurisdictions
~_) The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIP
Plan would occur without the creation of the District. However, the EDA or City has determined that such
development or redevelopment would not occur "but for" tax increment fmancing and that, therefore, the
fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as
follows if the "but for" test was not met:
IMPACT ON TAX BASE
2003/2004 Estimated Captured
Total Net Tax Capacity (CTe) Percent of CTC
Tax CaDacitv UDon ComDletion to Entitv Total
Anoka County 200,134,542 328,688 0.1642%
City of Andover 18,604,494 328,688 1.7667%
Anoka-Hennepin ISD No. II 104,342,258 328,688 0.3150%
IMPACT ON TAX RATES
200312004 Percent Potential
Extension Rates of Total CTC Taxes
Anoka County 0.352210 38.56% 328,688 115,767
.' \ City of Andover 0.316030 34.59% 328,688 103,875
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Anoka-Hennepin ISD No. II 0.210500 23.04% 328,688 69,189
Other (Met, Rail, Radio) 0.034780 3.81% 328.688 11.432
Total 0.913520 100.00% 300,263
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate
used for calculations is the actual 2003IPay 2.004 rate. The total net capacity for the entities listed above are
based on actual Pay 2004 figures. The District will be certified under the actual 2004IPay 2.005 rates, which
were unavailable at the time this TIP Plan was prepared. .
Subsection 2-16. Supporting Documentation
Pursuant to M.S. Section 469.175 Subd 1, clause 7 the TIP Plan must contain identification and description
of studies and analyses used to make the determination set forth in M.S. Section 469,175 Subd 3, clause (2)
and the findings are required in the resolution approving the TIP district. Following is a list of reports and
studies on file at the City that support the Authority's findings:
. SEH report
. TIF request from Developer and Property Owners
Subsection 2-17. Definition of Tax Increment Revenues
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Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing
district include all of the following potential revenue sources:
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Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M.S.,
Section 469.177;
The proceeds from the sale or lease of property, tangible or intangible, purchased by the Authority
with tax increments;
Principal and interest received on loans or other advances made by the Authority with tax
increments; and
Interest or other investment earnings on or from tax increments.
Subsection 2-18. Modifications to the District
In accordance with M.S., Section 469.175, Subd. 4, any:
1. Reduction or enlargement of the geographic area of Development District No. I or the District, if
the reduction does not meet the requirements of M.S., Section 469.175, Subd. 4(e);
2. Increase in amount of bonded indebtedness to be incurred;
3. A determination to capitalize interest on debt if that determination was not a part of the original TIF
Plan, or to increase or decrease the amount of interest on the debt to be capitalized;
4, Increase in the portion of the captured net tax capacity to be retained by the EDA or City;
5. Increase in the estimate of the cost of the project, including administrative expenses, that will be paid
or financed with tax increment from the District; or
6. Designation of additional property to be acquired by the EDA or City,
shall be approved upon the notice and after the discussion, public hearing and findings required for approval
of the original TIF Plan.
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'\. J' Pursuant to M.S. Section 469.175 Subd. 4(j), the geographic area of the District may be reduced, but shall
not be enlarged after five years following the date of certification of the original net tax capacity by the
county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination
that the addition to the district meets the criteria of M.S., Section 469.174, Subd. 10, paragraph (a), clauses
(I) to (5), must be documented in writing and retained. The requirements of this paragraph do not apply if
(1) the only modification is elimination of parcel(s) from Development District No.1 or the District and (2)
(A) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax
capacity of those parcel(s) in the District's original net tax capacity or (B) the EDA agrees that,
notwithstanding M.S., Section 469.177, Subd. 1, the original net tax capacity will be reduced by no more than
the current net tax capacity of the parcel(s) eliminated from the District.
The EDA or City must notify the County Auditor of any modification that reduces or enlarges the geographic
area of Development District No.1 or the District. Modifications to the District in the form of a budget
modification or an expansion of the boundaries will be recorded in the TIF Plan.
Subsection 2-19. Administrative Expenses
In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the
EDA or City, other than:
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1. Amounts paid for the purchase of land;
2. Amounts paid to contractors or others providing materials and services, including architectural and
engineering services, directly connected with the physical development of the real property in the
proj ect;
3. Relocation benefits paid to or services provided for persons residing or businesses located in the
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proj ect; or
Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued
pursuant to MS., Section 469.178; or
Amounts used to pay other financial obligations to the extent those obligations were used to finance
costs described in clauses (I) to (3).
For districts for which the request for certification were made before August I, 1979, or after June 30, 1982,
administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants,
and planning or economic development consultants. Pursuant to MS. Section 469.176, Subd. 3, tax
increment may be used to pay any authorized and documented administrative expenses for the District up
to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan
or the total tax increments, as defined by MS, Section 469.174, Subd. 25, clause (1), from the District,
whichever is less.
Pursuant to M.S.. Section 469.176. Subd. 4h, tax increments may be used to pay for the County's actual
administrative expenses incurred in connection with the District. The county may require payment of those
expenses by February 15 of the year following the year the expenses were incurred.
Pursuant to M.S., Section 469. 177. Subd. 11, the County Treasurer shall deduct an amount (currently .36
percent) of any increment distributed to the EDA or City and the County Treasurer shall pay the amount
deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor
for the cost of financial reporting of tax increment financing information and the cost of examining and
auditing authorities' use of tax increment financing. This amount may be adjusted annually by the
Commissioner of Revenue.
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\. j Subsection 2-20. Limitation of Increment
Pursuant to M.S., Section 469.176, Subd. la, no tax increment shall be paid to the EDA or City for the
District after three (3) years from the date of certification of the Original Net Tax Capacity value of the
taxable property in the District by the County Auditor unless within the three (3) year period:
(I) Bonds have been issued in aid ofthe project containing the District pursuant to MS. Section
469.178, or any other law, except revenue bonds issued pursuant to M.S.. Sections 469.152
to 469.165, or
(2) The EDA or City has acquired property within the District, or
(3) The EDA or City has constructed or caused to be constructed public improvements within
the District.
The bonds must be issued, or the EDA or City must acquire property or construct or cause public
improvements to be constructed by approximately June, 2007 and report such actions to the County Auditor.
The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District
may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other
escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity
or redemption date.
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Tax Increment Financing Plan for Tax Increment Financing District No. 1-4
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Pursuant to M.S., Section 469.176, Subd. 6:
if, after four years from the date of certification of the original net tax capacity of the tax increment
financing district pursuant to M.S., Section 469.177, no demolition, rehabilitation or renovation of
property or other site preparation, including qualified improvement of a street adjacent to a parcel
but not installation of utility service including sewer or water systems, has been commenced on a
parcel located within a tax increment financing district by the authority or by the owner of the
parcel in accordance with the tax increment financing plan, no additional tax increment may be
taken from that parcel and the original net tax capacity of that parcel shall be excluded from the
original net tax capacity of the tax increment financing district. If the authority or the owner of the
parcel subsequently commences demolition, rehabilitation or renovation or other site preparation
on that parcel including qualified improvement of a street adjacent to that parcel, in accordance
with the tax increment financing plan, the authority shall certify to the county auditor that the
activity has commenced and the county auditor shall certify the net tax capacity thereof as most
recently certified by the commissioner of revenue and add it to the original net tax capacity of the
tax increment financing district. The county auditor must enforce the provisions of this subdivision.
The authority must submit to the county auditor evidence that the required activity has taken place
for each parcel in the district. The evidence for a parcel must be submitted by February 1 of the fifth
year following the year in which the parcel was certified as included in the district. For purposes
of this subdivision, qualified improvements of a street are limited to (1) construction or opening of
a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing
street.
The EDA or City or a property owner must improve parcels within the District by approximately June, 2008
and report such actions to the County Auditor.
Subsection 2021. Use of Tax Increment
The EDA or City hereby detennines that it will use 100 percent of the captured net tax capacity of taxable
property located in the District for the following purposes:
I. To pay the principal of and interest on bonds issued to finance a project;
2. To [mance, or otherwise pay the cost of redevelopment of Development District No. I pursuant to
the M.S., Sections 469.090 to 469.1082;
3. To pay for project costs as identified in the budget set forth in the TIP Plan;
4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4;
5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the
EDA or City or for the benefit of Development District No. I by a developer;
6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing
the payment when due of principal of and interest on bonds pursuant to the TIP Plan or pursuant to
M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and
7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on
the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152
through 469.165, and/or M.S., Sections 469.178.
These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other
purposes prohibited by M.S., Section 469.176, Subd. 4.
Tax increments generated in the District will be paid by Anoka County to the EDA for the Tax Increment
Fund of said District. The EDA or City will pay to the developer(s) annually an amount not to exceed an
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1-4
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amount as specified in a developer's agreement to reimburse the costs of land acquisition, public
improvements, demolition and relocation, site preparation, and administration. Remaining increment funds
will be used for EDA or City administration (up to 10 percent) and the costs of public improvement activities
outside the District.
Subsection 2-22. Excess Increments
Excess increments, as defined in M.S., Section 469.176, Subd. 2, shall be used only to do one or more of the
following:
1. Prepay any outstanding bonds;
2. Discharge the pledge of tax increment for any outstanding bonds;
3, Pay into an escrow account dedicated to the payment of any outstanding bonds; or
4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in
proportion to their local tax rates.
In addition, the EDA or City may, subject to the limitations set forth herein, choose to modify the TIP Plan
in order to finance additional public costs in Development District No. 1 or the District.
Subsection 2-23. Requirements for Agreements with the Developer
u
The EDA or City will review any proposal for private development to determine its conformance with the
Development Program and with applicable municipal ordinances and codes. To facilitate this effort, the
following documents may be requested for review and approval: site plan, construction, mechanical, and
electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any
other drawings or narrative deemed necessary by the EDA or City to demonstrate the conformance of the
development with City plans and ordinances. The EDA or City may also use the Agreements to address other
issues related to the development.
Pursuant to M.S., Section 469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be
acquired in the District as set forth in the TIP Plan shall at any time be owned by the EDA or City as a result
of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments
from property acquired is pledged, unless prior to acquisition in excess of25 percent of the acreage, the EDA
or City concluded an agreement for the development or redevelopment of the property acquired and which
provides recourse for the EDA or City should the development or redevelopment not be completed.
Subsection 2-24. Assessment Agreements
Pursuant to M.S., Section 469.177, Subd. 8, the EDA or City may enter into a written assessment agreement
in recordable form with the developer of property within the District which establishes a minimum market
value of the land and completed improvements for the duration of the District. The assessment agreement
shall be presented to the County Assessor who shall review the plans and specifications for the improvements
to be constructed, review the market value previously assigned to the land upon which the improvements are
to be constructed and, so long as the minimum market value contained in the assessment agreement appears,
in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the
minimum market value agreement.
Subsection 2025. Administration of the District
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Administration of the District will be handled by the City Administrator.
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1-4
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Subsection 2-26. Annual Disclosure Requirements
, \
o Pursuant to M.S., Section 469.175, Subd. 5, 6, and 6b the EDA or City must undertake financial reporting
for all tax increment financing districts to the Office of the State Auditor, County Board, County Auditor and
School Board on or before August I of each year. M.S., Section 469.175, Subd. 5 also provides that an
annual statement shall be published in a newspaper of general circulation in the City on or before August IS.
If the City fails to make a disclosure or submit a report containing the information required by M.S. Section
469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax
increment from the District.
Subsection 2-27. Reasonable Expectations
, ,
As required by the TIF Act, in establishing the District, the determination has been made that the anticipated
development would not reasonably be expected to occur solely through private investment within the
reasonably foreseeable future and that the increased market value of the site that could reasonably be
expected to occur without the use of tax increment financing would be less than the increase in the market
value estimated to result from the proposed development after subtracting the present value of the projected
tax increments for the maximum duration of the District permitted by the TIF Plan. In making said
determination, reliance has been placed upon written representation made by the developer to such effects
and upon EDA and City staff awareness of the feasibility of developing the project site. A comparative
analysis of estimated market values both with and without establislunent of the District and the use of tax
increments has been performed as described above. Such analysis is included with the cashflow in Appendix
D, and indicates that the increase in estimated market value of the proposed development (less the indicated
subtractions) exceeds the estimated market value of the site absent the establislunent of the District and the
use of tax increments.
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Subsection 2028. other Limitations on the Use of Tax Increment
I, General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF
Plan. The revenues shall be used to fmance, or otherwise pay the cost of redevelopment of Development
District No. I pursuant to the M.S., Sections 469.090 to 469.1082. Tax increments may not be used to
circumvent existing levy limit law. No tax increment may be used for the acquisition, construction,
renovation, operation, or maintenance of a building to be used primarily and regularly for conducting
the business of a municipality, county, school district, or any other local unit of government or the state
or federal government. This provision does not prohibit the use of revenues derived from tax increments
for the construction or renovation of a parking structure.
2. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on
activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance
activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not
more than 25 percent of said tax increments may be expended, through a development fund or otherwise,
on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced
bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they
were solely for activities outside of the District.
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3, Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall
be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule
set forth in Us., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year
following certification of the District, 75 percent of said tax increments that remain after expenditures
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1-4
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permitted under said five year rule must be used only to pay previously committed expenditures or credit
enhanced bonds as more fully set forth in M.s., Section 469.1763, Subd. 5.
4. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a
redevelopment district must be used to finance the cost of correcting conditions that allow designation
of redevelopment and renewal and renovation districts under M.S., Section 469.176 Subd. 4j. These costs
include, but are not limited to, acquiring properties containing structurally substandard buildings or
improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary
to provide a site of sufficient size to permit development, demolition and rehabilitation of structures,
clearing of the land, the removal of hazardous substances or remediation necessary for development of
the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated
administrative expenses of the EDA or City, including the cost of preparation ofthe development action
response plan, may be included in the qualifying costs.
Subsection 2029.
Summary
The EDA is establishing the District to preserve and enhance the tax base, redevelop substandard areas, and
provide employment opportunities in the City. The TIF Plan for the District was prepared by Ehlers &
Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500.
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1-4
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APPENDIX A
PROJECT DESCRIPTION
There are over twenty separate properties included in the proposed District. Currently under consideration
is a proposal to facilitate the demolition of several substandard buildings. New buildings will be constructed
that will serve primarily as office and warehouse facilities for service businesses, within the City. The
project is expected to be in two phases. Proposed for Phase I is a 14,000 s.f. building, with an estimated
value of$725,000. The proposal for Phase II includes a 6,000 s.f. addition to the Phase I building ,to be built
at a later date. Development is likely to begin in the Spring/Summer of 2005.
The balance of the properties in the proposed district are aging and have expressed interest in a variety of
building and site improvements to expand, upgrade facades or make site improvements to their properties
to bring them up to current building and fire codes.
The EDA and City have determined that it will be necessary to provide assistance to the project for certain
costs which include, but are not limited to demolition costs, site improvements, utility installation and
parking facility costs. The EDA has studied the feasibility of the development or redevelopment of property
in and around the District. To facilitate the establishment and development or redevelopment of the District,
this TIF Plan authorizes the use of tax increment financing to reimburse for the cost of certain eligible
expenses paid by the developer.
APPENDIX
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Tax Increment Financing District No. 1-4
Development District No.1
City of Andover
Anoka County, Minnesota
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APPENDIX C
DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT
The District encompasses aIJ property and adjacent rights-of-way identified by the parcels listed below.
Parcel Numbers i Parcel Address i Legal Description ! Parcel Owner
..........................................1..................................................................................................................................................................
16-32-24-24-0003 i 2875 161" Ave j Unplatted ! Renee Hogendorf
......n..................................~...................n......................j......................................................................(...............................................
16-32-24-23-0012 : 3115 162" Ln : Lot 4, Block I, Hughes Industrial! Emmerich Wood
! ! Park j Products Inc.
......................................................................................,c.....................................................................01...............................................
16-32-24-23-0009 : 3149 162" Ln : Lot 1, Block 1, Hughes Industrial i James Larson
; ; Park ;
..........................................1.................................................................................................................~...............................................
16-32-24-23-0024 ! 3138 162" Ln i TIIE E 150 FT OF W 400 FT OF i Clarence and Barbara
! ! S 433 FT OF N 2184.99 FT OF ! Zuleger
i i Wl/20FNWl/4 OF SEC 16 TWP i
: i 32 RGE 24, EX RD :
..............................................................................................................................................................................................................
16-32-24-23-0019 & ! 16191 Round Lake: Lots 1 and 2, Block 1, Westview : A VR Inc. (0019) and
16-32-24-23-0018 i Blvd. ! Industrial Park : Rick Lindquist (0018)
..16~3i:i4~23.~o62o....T16ii.5..R;;-;;~d..L~k~..Ti;;"i....'3;.....Bi;;.~k......i';.....w~.~"i~i~~TAVR.r;;~.:..........................
! Blvd. i Industrial Park !
..............................................................................................................................................................................................................
16-32-24-23-0015 ! 3075 162" Ln i Lot 7, Block 1, Hughes Industrial: James Larson
; ; Park ;
............................................-.................................................................................................................................................................
16-32-24-23-0014 i 3095 162" Ln : Lot 6, Blockl, Hughes Industrial i James Larson
; !Park ;
........................................................................................................................................................................................................-.....
16-32-24-23-0010 j 3139 162" Ln : Lot 2, Block 1, Hughes Industrial! Cedar Siding Lumber,
: : Park ! Inc.
.............................................................................................................................................................0(...............................................
16-32-24-23-0022 : 3098 162" Ln ! THE S 354.02 FT OF THE N j Gilbertson Block
! i 2106.01 FT OF THE WII2 OF : Company
i i THE NWl/4 LYG E OF THE wi
i i 650 FTTIIEREOF EX THE E 165 i
..........................................1..........................................l..~.............................................................1...............................................
16-32-24-24-0004 ! 2975 161" Ave ! Wl/2 OF WII2 OF SEl/4 OF ! Richard and Mary
i i NWl/4; EX RD ! Heyen
.........................................."1.........................................."1....................................................................."1...............................................
16-32-24-23-0002 ! 3019161" Ave ! THAT PART OF THE E 461 FT i Walter Johnson
i i OF THE Wl/2 OF NWl/4 OF i
i i SEC 16-32-24 LYING S OF TIIE i
i iN 2,106.01 FT; :
......................................................................................0(......................................................................................................................
16-32-24-23-0017 : 3021 162" Ln ! Lots 10 and II, Block 1, Hughes: D J Properties
: j Industrial Park i
.............................n...............................................................................................................................................................................
16-32-24-23-0013 ! 3105 162" Ln ! Lot 5, Block 1, Hughes Industrial! Alois Emmerich
! !Park i
..............................................................................................................................................................................................................
16-32-24-23-0011 i 3125 162" Ln i Lot 3, Block I, Hughes Industrial! Alois and Bruce
j i Park ! Emmerich
..16~3i:i4~23':o.62'3....T3.iT8..16.indi~.............T'rnifE'2'5o..FT..OF'W.65.6.ri.OFTjuli~~.Zilii~~...............
i is 433 FT OF N 2184.99 FT OF i
i i Wl/2 OF NWl/4 OF SEC 16 i
........................................J.........................................l..:..~.~~.~:.~~...................................1..............................................
APPENDIX
C-l
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"i'6~3i:i4~23"~OOO'5""T3"j"60"j'62~d'i;;-""'''''''''T'UNPLAriED'GROW'TWP..TIiETF....M....M~k~ii~i....&..
, \ ! i W 250 FT OF THE S 233 FT OF i Leasing, Inc.
~~ ! i THEN 1984.99 FT OF THE Wl/2 i
! i OF NWl/4 OF SEC 16-32-24:
! i ANOKA CNTY, MN i
'.i'6:3'2:24~23':Ooo'i'''.''n'i'2'i''i'6'j';i'A:;;~'''''''''''~''UN"Pi'A.T'T..E.D....cTry...O.F..rJ~~~ph.~;;-d.R;t;;'K~:;~i..
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24-TH WLY ON S LINE OF i
SAID 1/4 ADIST OF 461 FTTO i
. THE ACTUAL POINT 0 i
............................................................................................................................................................-1...............................................
16-32-24-23-0016 i 3055 162" Ln i Lots 8 and 9, Block 1, Hughes! James andKari Larson
i i Industrial Park !
..............................................................................................................................................................................................................
16-32-24-23-0021 i NO ADDRESS i Lots 10 and 11, Block 1, Hughes! D J Properties
i i Industrial Park i
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APPENDIX
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Round Lake Blvd between 161st Ave and 162nd Lane
City of Andover
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f;,I.F; cASH, ',FI..()vvAsSUMPfl()NS;; ';
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Redevelopment
1-4
0.0000%
5,7500%
01-Aug-04
91.352% Pay 2004
Pay 2004
2006
26
2032
0.321645 Pay 2004
137.107% Pay 2004
91.352% Pay 2004
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District
District #
Inflation Rate - Every Year
Pay-As-You-Go Interest Rate:
Note Issued Date (Present Value Date):
Local Tax Rate-Maximum (51011L)
Year District was certified
Assumes First Tax Increment For District
Years of Tax Increment
Assumes Last Year of Tax Increment
Fiscal Disparities Ratio
Fiscal Disparities Metro Wide Tax Rate
Local Tax Rate - Current
State Wide Property Tax Rate (Used for
total taxes)
54.1090% Pay 2004
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Market Value Tax Rate (used for total taxes)
0.14343% Pay 2004
Commercial Industrial Class Rate
First 150,000
Over 150,000
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1.5%-2.0% Pay 2003
1.50%
2.00%
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Original
Land Building Total Class Tax Date
PID Mkt Value Mkt Value Mkt Value Rate Capacity" Payable
21 Parcels - See List 1,925,000 2,304,720 4,229,720 1.5%/2% 71,312 2004
Totals 1,925,000 2,304,720 4,229,720 71,312
* Reflects base value at final use classification
Total Market Class Tax Year Pay
Taxes Value Rate Capacity Constr Year
r ~edeveloped Properties 20,000,000 2.00% 400,000 2004 2006
, - I 2004 2006
2004 2006
TOTAL 0 20,000,000 400,000
7/16/2004 Estimates Only Fiscal Implicationruns,xls
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EHLERS
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City of Andover
Tax Increment Financing District No. 1-4
Original
Land Building Total Class Tax Date
PID Mkt Value Mkt Value Mkt Value Class Rate Ca aci Pa able
R16-32-24-23-0001 147,000 135,900 282,900 C/I Pref 1.5%/2% 4,908 2004
R16-32-24-23-0002 206,400 189,200 395,600 CII Pref 1.5%/2% 7,162 2004
R16-32-24-23-0005 74,500 7,200 81,700 C/I Pref 1.5%/2% 1,226 2004
R 16-32-24-23-0009 78,300 190,400 268,700 C/I Pref 1.5%/2% 4,624 2004
R 16-32-24-23-0010 96,700 168,000 264,700 C/I Pref 1.5%/2% 4,544 2004
R16-32-24-23-0011 59,800 59,800 C/I Pref 1.5%/2% 897 2004
Rl6-32-24-23-0012 64,900 267,200 332,100 C/I Pref 1.5%/2% 5,892 2004
R16-32-24-23-0013 61,900 61,900 C/I Pref 1.5%/2% 929 2004
R16-32-24-23-0014 65,000 256,220 321,220 C/I Pref 1.5%/2% 5,674 2004
Rl6-32-24-23-0015 65,000 170,700 235,700 C/I Pref 1.5%/2% 3,964 2004
R 16-32-24-23-00 16 85,300 96,200 181,500 C/I Pref 1,5%/2% 2,880 2004
Rl6-32-24-23-0017 87,400 126,200 213,600 C/I Pref 1.5%/2% 3,522 2004
R16-32-24-23-0018 63,000 65,200 128,200 CII Pref 1.5%/2% 1,923 2004
R 16-32-24-23-0019 94,900 29,600 124,500 C/I Pref 1.5%/2% 1,868 2004
,- , Rl6-32-24-23-0020 99,600 99,600 CII Pref 1.5%/2% 1,494 2004
\J R16-32-24-23-0021 1,000 1,000 C/I Pref 1.5%/2% 15 2004
Rl6-32-24-23-0022 137,400 141,600 279,000 C/I Pref 1.5%/2% 4,830 2004
R 16-32-24-23-0023 100,900 138,200 239,100 C/I Pref 1.5%/2% 4,032 2004
R16-32-24-23-0024 75,600 54,400 130,000 C/I Pref 1.5%/2% 1.850 2004
R16-32-24-24-0003 130,200 114,200 244,400 C/I Pref 1.5%/2% 4,138 2004
R 16-32-24-24-0004 130,200 154,300 284,500 C/I Pref 1.5%/2% 4,940 2004
TOTAL 1,925,000 2,304,720 4,229,720 71,312
Source: Anoka County Property Records and Taxation website
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7/16/2004
Fiscallmplicatlonruns.x1s
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CITY OF ANOOVER
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Base Total Captured Semi-Annual State Admin. Semj.Annual Cumul. PAYMENT DATE
PERIOD BEGINNIN Tax Tax Tax Gross Tax Auditor at Net Tax Net Tax PERIOD ENDING
Yrs. Mth. Yr. Canacltu Canacltv Capacity Increment 0.36% 10.000,4 Increment Increment Yrs. Mth. Yr.
0,0 02-01 2004 71.312 71,312 0,0 08.01 2004
0,0 08-01 2004 71,312 71.312 0 0 0 0 0 0 0.0 02-01 2005
0.0 02-01 2005 71,312 71,312 0 0 0 0 0 0 0,0 08-01 2005
0.0 08-01 2005 71,312 71,312 0 0 0 0 0 0 0.0 02-01 2006
0.0 02-01 2006 71,312 400,000 328,688 150.132 (540) (14,959) 134.632 134,632 0.5 08-01 2006
0,5 08-01 2006 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 269,264 1.0 02-01 2007
1.0 02.01 2007 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 403.896 1,5 08.01 2007
1.5 08-01 2007 71,312 400,000 328,688 150,132 (540) (14.959) 134,632 538,528 2,0 02-01 2008
2.0 02-01 2008 71,312 400,000 328,688 150.132 (540) (14.959) 134.632 673,160 2,5 08-01 2008
2,5 08-01 2008 71.312 400,000 328,688 150,132 (540) (14,959) 134,632 807,792 3.0 02-01 2009
3.0 02-01 2009 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 942,424 3.5 08-01 2009
3.5 08-01 2009 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 1,077,056 4.0 02-01 2010
4.0 02-01 2010 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 1,211,688 4.5 08-01 2010
4,5 08-01 2010 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 1,346,320 5.0 02-01 2011
5.0 02-01 2011 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 1,480,951 5.5 08-01 2011
5.5 08-01 2011 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 1,615,583 6.0 02-01 2012
6,0 02-01 2012 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 1,750,215 6.5 08-01 2012
6,5 08-01 2012 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 1,884,847 7.0 02-01 2013
7.0 02-01 2013 71,312 400,000 328,688 150,132 (540) (14.959) 134,632 2,019,479 7.5 08-01 2013
7.5 08-01 2013 71,312 400,000 328,688 150,132 (540) (14.959) 134,632 2,154,111 8.0 02-01 2014
8,0 02-01 2014 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 2,288,743 8.5 08-01 2014
8,5 08-01 2014 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 2,423,375 9,0 02-01 2015
9.0 02-01 2015 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 2,558,007 9.5 08-01 2015
9.5 08-01 2015 71,312 400,000 328,688 150,132 (540) (14.959) 134,632 2,692,639 10.0 02-01 2016
10.0 02-01 2016 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 2,827,271 10.5 08-01 2016
10.5 08-01 2016 71,312 400,000 328,688 150,132 (540) (14.959) 134,632 2,961,903 11.0 02-01 2017
11.0 02-01 2017 71,312 400.000 328.688 150.132 (540) (14,959) 134,632 3,096,535 11,5 08-01 2017
11.5 08-01 2017 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 3,231,167 12.0 02-01 2018
12.0 02-01 2018 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 3,365,799 12.5 08-01 2018
12.5 08-01 2018 71.312 400,000 328,688 150,132 (540) (14.959) 134,632 3,500,431 13,0 02-01 2019
13.0 02-01 2019 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 3,635,063 13,5 08-01 2019
13.5 08-01 2019 71,312 400,000 328,688 150,132 (540) (14.959) 134,632 3,769,695 14.0 02-01 2020
14.0 02-01 2020 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 3,904,327 14.5 08-01 2020
14.5 08-01 2020 71.312 400,000 328,688 150.132 (540) (14,959) 134,632 4,038,959 15.0 02-01 2021
15.0 02-01 2021 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 4,173,591 15.5 08-01 2021
15.5 08-01 2021 71,312 400,000 328,688 150,132 (540) (14.959) 134,632 4,308,222 16.0 02-01 2022
16.0 02-01 2022 71,312 400,000 328,688 150,132 (540) (14.959) 134,632 4,442,854 16.5 08-01 2022
16.5 08-01 2022 71.312 400,000 328,688 150,132 (540) (14.959) 134,632 4,577,486 17.0 02-01 2023
17.0 02-01 2023 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 4,712,118 17.5 08-01 2023
17.5 08-01 2023 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 4,646,750 18.0 02-01 2024
18.0 02-01 2024 71,312 400,000 326,688 150,132 (540) (14,959) 134,632 4,981,382 18.5 08-01 2024
18.5 08-01 2024 71,312 400,000 328,688 150.132 (540) (14,959) 134.632 5.116.014 19.0 02-01 2025
19.0 02-01 2025 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 5,250,646 19.5 08-01 2025
19.5 08-01 2025 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 5,385,278 20.0 02-01 2026
20.0 02-01 2026 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 5,519,910 20,S 08-01 2026
20.5 08-01 2026 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 5,654,542 21.0 02-01 2027
21.0 02-01 2027 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 5,789,174 21,5 08-01 2027
21.5 08-01 2027 71.312 400,000 328,688 150,132 (540) (14,959) 134,632 5,923,806 22.0 02-01 2028
22.0 02-01 2028 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 6,058,438 22.5 08-01 2028
22.5 08-01 2028 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 6,193,070 23.0 02-01 2029
23.0 02-01 2029 71.312 400,000 328.688 150,132 (540) (14.959) 134.632 6.327,702 23.5 08-01 2029
23.5 08-01 2029 71,312 400,000 328,688 150,132 (540) (14.959) 134,632 6,462.334 24.0 02-01 2030
24.0 02-01 2030 71,312 400.000 328,688 150.132 (540) (14,959) 134,632 6,596,966 24.5 08-01 2030
24,5 08-01 2030 71,312 400,000 328,688 150,132 (540) (14,959) 134,632 6,731,598 25.0 02-01 2031
25,0 02-01 2031 71,312 400,000 328,688 150,132 ~~4~~ (14,959) 134,632 6,866,230 25,5 08-01 2031
25.5 08-01 2031 71312 400 QOO 326 686 150132 540 ;,4959' 134 632 7000861 26.0 02-01 2032
Totals 7 806 840 28105' 1777 873\ 7000 861
4025992 13312'- - '368 449\
NOTES:
1, State Auditor payment is based upon 1st half, pay 2002 actual and may change over term of district
2, Assumes redevelopment is completed in 2004, assessed in 2005 and first increment is paid in 2006. If increment
received In 2005, district will be shortened by one year.
3. Amount of increment will vary depending upon market value, tax rates, class rates, construction schedule and
inflation on Market Value.
4. Inflation on tax rates cannot be captured.
S. TIF does not capture state wide property taxes or market value property taxes.
711612004
Estimates Only
Flscallmpllcatlonruns.xls
-37-
APPENDIX E
,,_ ' MINNESOTA BUSINESS ASSISTANCE FORM
(MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT)
Form to be added prior to the public hearing
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APPENDIX
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APPENDIX F
REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT
The City's engineering finn, SEH is currently in the process of accumulating the required data to substantiate
the coverage requirements and determine that the level of blight is sufficient for qualification under the law.
Prior to the public hearing, SEH will provide a written report outlining their findings.
APPENDIX
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APPENDIX G
BUT/FOR QUALIFICA nONS
SUT I FOR ANALYSIS
Current Market Value - Est.
New Market Value - Est.
Difference
Present Value of Tax Increment
Difference
Value Likely to Occur Without Tax Increment is Less Than:
4,229,720
20,000,000
15,770,280
4,025,992
11,744.288
11,744,288
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The proposed development, in the opinion of the City Council, would not reasonably be expected to occur
solely through private investment within the reasonably foreseeable future and that the increased market
value of the site that could reasonably be expected to occur without the use of tax increment financing would
be less than the increase in the market value estimated to result from the proposed development after
subtracting the present value of the projected tax increments for the maximum duration of the TIF District
permitted by the TIF Plan. 'Z I
The proposed development, in the opinion of the City, would not reasonably be expected to o~cr solely
through private investment within the reasonably foreseeabl~ future: The proposed redevelopme consists
of small commercial and light industrial businesses in City of Andover. This area is occupied by parcels,
where some acquisition will be required, demolition and renovation to permit the proposed redevelopment
of the area. The costs of renovation, land acquisition costs and site preparation, on the original project, is
expected to be over $376,000. Without any public assistance, the cost of land utilities, demolition, site
preparation is higher than raw land prices. In addition, with public assistance, other business owners in the
District have expressed interest in renovating existing facilities,
The increased market value of the site that could reasonably be expected 10 occur withoulthe use of tax
increment financing would be less than the increase in market value estimated to result from the proposed
development qfier subtracting the present value of the projected tax incrementsfor the maximum duration
of the TIF District permitted by Ihe TIF Plan:
It is not likely that any new development on this site is feasible without assistance. New development or
redevelopment on the site would not take place in the foreseeable future.
Therefore, the City concludes as follows:
a. The City's estimate of the amount by which the market value of the entire District will
increase without the use of tax increment financing is less than $1 1,744,288.
b. Ifall development which is proposed to be assisted with tax increment were to occur in the
District, the total increase in market value would be up to $15,770,280 (see above table).
c. The present value of tax increments from the District for the maximum duration of the district
permitted by the TIF Plan is estimated to be $4,022,922 (see above table).
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Even if some development other than the proposed development were to occur, the Council fmds that no
alternative development would occur that would produce a market value increase greater than $11,744,288 (the
amount in clause b less the amount in clause c) without tax increment assistance,
APPENDIX
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PLANNING AND ZONING COMMISSION MEETING -AUGUST 10,2004
e Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
calle 0 order by Chairperson Daninger on August 10, 2004, 7:00 p.m., at the Andover
City Hal, 685 Crosstown Boulevard NW, Andover, Minnesota.
Chairperson Daninger, Commissioners Tim Kirchoff, Tony
Gamache, Dean Vatne, Jonathan Jasper and Michael Casey.
Commissioners absent:
Also present:
City Plann Courtney Bednarz
Planning Intern, hris Vrchota
Others
July 27,2004
o APPROVAL OF MINUTES.
Motion by Gamache, seconded by Vatne, to approve the minutes as presented.
carried on a 5-ayes, O-nays, I-present (Kirchoff), I-absent (Greenwald) vote,
~ RESOLUTION MODIFYING DEVELOPMENT DISTRICT NO.1 AND TAX
INCREMENT FINANCING PLAN FOR TIF DISTRICT NO. 1-4.
Mr, Bednarz explained on May 11, 2004 the Planning Commission reviewed a similar
resolution. Since then there are changes that have been proposed to the size of the Tax
Increment Financial District. The Andover Economic Development Authority (EDA)
and the City of Andover are considering a proposal to enlarge the area involved in the
proposed Tax Increment District and it necessitates adoption of a modification to the
development program for Development District Number 1, to establish Tax Increment
Financing District Number 1-4 (TIF District No. 1-4) and adopt a Tax Increment
Financing Plan (the "TIF Plan").
o
Mr, Bednarz introduced Mr, Todd Hagen, Ehlers & Associates, who explained the Tax
Increment Financing Plan for TIF District No 1-4.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - August 10, 2004
Page 2
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Commissioner Kirchoff wondered how the expanded TIF District came about and was it
a request from the current property owners to become a part of it. Mr. Hagen stated he
was not sure of the history of this but he thought that was the case. He believed there was
a need from the property owners to develop their parcels. If they qualify, they cannot just
get the money. It all has to be eligible costs. He stated it was a way to be economical
because they did not want the district to be too big yet it should not be too small where it
would need to be adjusted.
A map was shown of the proposed TIF District.
Commissioner Kirchoff asked if they were at the point now that they have a pretty good
idea of who would want to be included in the TIF District. Mr, Bednarz stated the TIF
District was expanded from what was previous presented, to include two residential
properties, part of the reason to include them would be to facilitate a future street
connection to the east and he believed there were industrial property owners who were
looking for future expansion.
Ms. Renee Hogendorf, 2875 161 sl Avenue NW, and Mrs. Mary and Mr, Dick Hines, 2975
161s1 Avenue NW, stated this came up really fast and they have a lot of questions.
o
Ms. Hogendorf stated they sat down with Mr, Neumeister and Mr. Dickinson a few
weeks ago to find out how this was going to affect them. She stated she did not wish to
be a part of the TIF District for a variety of reasons. She stated a concern was what
would happen to their homes once they became a part of the TIF District.
Ms. Hogendorf explained some of her concerns regarding taxes and changes to their
property. She asked for some answers.
Ms. Hines stated they did not think there was any advantage to be in the TIF District.
She stated they also wanted answers because every time they talk to someone, they get
different answers.
Ms. Teresa Kramer stated she would like people to be honest because she has not heard a
lot of it.
Chairperson Daninger stated this was the first time the Commission has heard about the
residential property being included in the TIF District. He explained the procedures this
item needs to go through.
o
Commissioner Gamache asked why the two residential properties were being included in
the TIF ifthey do not want to be included, Mr. Hagen stated he could only speculate but
back in the olden days, they could pull the increment and it could be spent anywhere
within a big development district but now the Legislature has restricted it to twenty-five
percent to be spent outside of the TIF District. He thought if there were roads that needed
upgrading and public improvements, outside of the TIF District, you would expand the
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Regular Andover Planning and Zoning Commission Meeting
Minutes-August 10,2004
Page 3
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TIF District because that is not only the revenue generator, and it has turned into the
spending district also. The District would be expanded as far as they could to surround
all of the other public improvements to be made and that is the tax increment coming off
ofthat. That is one reason to expand the TIF District. Another reason for expanding a
TIF District is to help qualify more as a TIF District.
Commissioner Gamache asked whose idea was it that the two residential properties
would be included in the TIF District. Mr. Bednarz believed it came from a
recommendation from the Bond Council in meeting some of those requirements for
setting up the TIF District. Mr. Hagen concurred.
Chairperson Daninger asked what happened to the value of the property in the TIF
District. Mr. Hagen stated if the zoning stays the same, it does not affect the value at all.
Commissioner Jasper asked how many other Tax Increment Districts they had in
Andover. Mr. Hagen stated this was number four of District 1.
The Commission discussed other TIF Districts in Andover.
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Commissioner Kirchoff asked if the overall intention of the District itselfto turn it into
one PUD. Mr, Bednarz stated it is difficult to say what the ultimate redevelopment of
this area could be. He thought there was interest by the present property owners of the
industrial area to do some expansion and upgrading of their facilities. If there is
additional land available, it may generate more businesses to come into the area.
Commissioner Kirchoff asked what would happen to the residential property. Mr,
Bednarz stated there are a number of procedural processes to be taken. He discussed the
steps that would need to be taken.
Commissioner Gamache stated he would be concerned ifhe was one of the property
owners. He stated a lot of questions have to be answered for the residents involved
before City Council takes any action and he did not agree with this at all.
Commissioner Vatne stated for clarification, they previously saw two thirds of the
industrial property being included in the TIF District and now they are seeing all of the
industrial property being included plus some residential properties. He stated this has
significantly changed from what they saw previously, He recapped what was previously
discussed.
Commissioner Jasper stated the way he understood the change was they previously did
not meet the statutory definition so they could hit fifty percent of the properties. The
buildings are substandard and that is why they had to add other properties and they are
adding other properties that do not want to be added. He stated the TIF District, as he
. '\ understands it, is a way for the City to take a blighted area and redevelop it by use of the
'--~ tax increment because it would not be financially feasible to do it without and he did not
--13 -
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 10, 2004
Page 4
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see anything in the report which would indicate such an area exists in Andover that could
not be redeveloped without that type of substantial help and the residential property
owners are indicating they do not want their property redeveloped. He also did not
understand the financial side of this. He stated that the report indicates that
condemnation is possible. He stated all of this concerned him.
Mr. Hagen stated they still need to get the budget and substandard report but/for findings
for the City Council meeting on August 17th. It was his understanding that tax increment
does not give the City or EDA any more power to do any extra condemnation or any
purchasing or anything different then what they could before. It only says they can use
tax increment for some of those purposes within that area. He stated it also sounds like
after they get the report, the residential properties may not need to be in the District
anymore or if they are needed to actually satisfY the area test. He stated is sort of
academic to make a statutory finding. He thought this was expanded to satisfY the
testing.
Commissioner Jasper stated they are supposed be making a decision on this but they do
not have all the information to make a decision and he gets the feeling that they are
expected to say it is just ok without the information. He stated he did not like doing this.
/ '\
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Commissioner Vatne stated at the tail end of the document there is a note that additional
information will be added prior to the public hearing, That does not allow them to
evaluate the information that is moving forward. They are asked to make a
recommendation based on less than full information. The author of the proposal is not at
the meeting to explain it to them and Mr. Hagen is also filling in for someone. He stated
he would appreciate in the future that Mr. Neumeister is at the meeting to help them
understand better. He stated they needed to have the right people, the right information
available, the right explanation and the right walk through to help evaluate whether or not
this is a good fit. He did not think he could make a positive recommendation without the
additional information.
Motion by Vatne, seconded by Casey, to deny adopting the TIF Plan for lack of sufficient
information. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote.
Mr. Bednarz stated that this item would be before the Council at the August 17, 2004
City Council meeting.
p. 'ARING: CONDITIONAL USE PERMIT (04-06) TO ALLOW
INSTITUTIO AREA OF UP TO 100 SQUARE FEET FOR ANDOVER
CHRISTIAN CHURCH LO T 16045 NIGHTINGALE STREET NW.
~)
Mr. Vrchota explained the Andover Christian Church IS 'n a Conditional Use
Permit to allow an institutional sign in a residential district with an ag square
footage exceeding thirty-two (32) square feet.
-14--
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@
1665 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CC:
Mayor and Councilmembers
Jim Dickinson, Acting City Administr~
Dan Winkel, Fire Chief D, W. ~.~
TO:
FROM:
SUBJECT:
Association
Request to Approve By Laws Changes for the Andover Firefighters Relief
DATE:
August 17,2004
INTRODUCTION
During the 2003 -2004 Legislative session a change was made to the volunteer firefighter pension
laws that make it necessary to amend the Andover Firefighters Relief Association By Laws,
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DISCUSSION
The specific Article of the Andover Relief By Laws to be amended is Article IX, Section 1, clause
(b), clause (c), and clause (d).
As described in the enclosed letter from City Attorney Bill Hawkins to Tom May dated July 29,
2004; Minnesota Statute 424A.02, Subdivision 7(c), (2004), states that pension programs of the
type that Andover has, are required to choose one of three options for paying interest to qualified
retired members. The Board of Directors from the Relief Association has approved option #1 as
proposed in the changes to Article IX, Section #1, clause (c),
The second change, not mandatory, but allowed by law is to reduce the time for becoming fully
invested from twenty years to ten years, The current Article IX, Section I, clause ( b ) language
states that a member who qualifies for a pension must have been an active member of the fire
department for 20 years to collect the full pension amount. The proposed change as approved and
recommended by the Board of Directors of the Relief Association, allows for qualified members
to collect a full pension at age 50 with at least 10 years of active service on the Andover fire
department.
The final proposed change approved by the Board of Directors is in regards to Article IX, Section
#1, clause (d). The current language allows for qualified members to receive installments for their
pension payoff. The Board is proposing to delete this clause and allow for only one lump sum
payment. To date there has been no retired firefighter who has used the installment plan.
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Note that staff, including representatives from the Board of Directors from the Andover
Firefighters Relief Association will be present at the August 17, City Council meeting to answer
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questions regarding the proposed changes. The firefighters will be discussing the proposed
changes on Wednesday August 11, and again August 18. A special Relief Association
membership meeting has been scheduled for Sunday August 22, 2004 to discuss and vote on all of
the proposed changes. The change to Article IX, Section 1, clause ( c ) is mandated to be
delivered to the State Auditor's office no later than August 31, 2004.
BUDGET IMP ACT
There will be no budget impact regarding the proposed changes.
RECOMMENDA nON
Staff, including the Board of Directors from the Andover Firefighter Relief Association is
requesting City Council approval for all three of the proposed By Laws changes.
Respectfully sub~~ted.4 I
J)PA-1 W~
Dan Winkel, Fire Chief
Enclosures:
Letter from City Attorney Bill Hawkins ,/
Three Proposed Firefighter Relief Association By Laws Changes /
Copy of Existing By Laws Article IX and Proposed Changes to Article IX
,/
LAW OffiCES OF
William G. Hawkins and Associates
/ '.
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WILLIAMG. HAWKINS
BARRyA,',SYWVAN
Legal Assistants
TAMMI J. UVEGES
HOu.y G. PRovo
2140 FoUIml AVENUE NORlll
ANOKA. MINNEsOTA 55303
PHONE (763) 427-8877
FAX (763) 421-4213 .
E-MAIL HawkLaw1@aoLcom
July 29, 2004
Tom May
Trustee
Andover Firefighters' Relief Association, Inc.
14034 Crosstown Boulevard NW
Andover, MN 55304
Re: Andover Firefighters' Relief Association, Inc. Bylaws
Dear Mr. May:
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I have had the opportunity to review your correspondence of July 1, 2004, with
attachments, regarding your proposed changes to the bylaws of the AFRA. The
changes of the bylaws are intended to reflect statutory changes adopted recently by
the legislature.
I understand your question to relate to the prOVISion regarding deferred service
pension at Article IX. Section 1, Clause Ie). It is necessary to amend the bylaws to
incorporate one of the three alternatives mandated by Minn. Stat. ~ 424A.02, Subd.
7(c) (2004). These alternatives reflect the type of accounts which must be
maintained for vested members who have separated from the association but not yet
reached age 50.
Your question is whether the law requires the AFRA to establish a separate account
for each and every qualified member or whether establishing a separate investment
account for the funds administered individually complies with the statute.
Minn. Stat. ~ 424A.02, Subd. 71c) (2004), in relevant part, provides:
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"lc) A relief association that provides a lump sum service
pension may, when its governing bylaws so provide, pay
interest on the deferred lump sum service pension during
the period of deferral. If provided for in the bylaws,
interest must be paid in one of the following manners:
Mr. Tom May
July 29, 2004
Page Two
"
(1) At the investment performance rate
actually earned on that portion of the assets if
the deferred benefit amount is invested by the
relief association in a separate account
established and maintained by the relief
association or if the deferred benefit amount
is invested in a separate .investment vehicle
held by the relief association;
(2) At the interest rate of 5%..compounded
annually; or
(3) At a rate equal to the actual time
weighted total rate of return investment
performance of the special fund as reported
by the office of the state auditor under ~
356.219. up to 5%, compounded annually.
and applied consistently for all deferred.
service pensioners. n
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I understand that the AFRA has elected alternate 1 and you have prepared proposed
bylaw amendments reflecting that change. I do not interpret the language of the
statute as requiring a separate account for each and every qualified pensioner. What
is required is that the "deferred benefit amount" be invested in a separate account or
separate investment vehicle. Interest is to be paid at the rate actually earned on
those assets less an equal share of administrative expenses and a proportionate share
of investment expenses. The members must know that they bear the full investment
risk.
I believe that your proposed bylaw amendment comports with the new legislation.
I trust this answers the questions which you have raised. If you wish to discuss
ese matters further, please feel free to call.
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Ity Attorney
WGH/tju
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Existing
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ARTICLE IX
Service Pension and Death Benefits
Section 1 - Service Pensions
Clause (a). Eligibility requirements. To be eligible to receive a service pension a
member must meet all of the following requirements:
Item (i), Be at least 50 years of age;
Item (ii). Have retired from the Fire Department of the Municipality of Andover,
Minnesota;
Item (iii). Have done at least five years (which years need not be continuous) of active
service with such department before retirement; and
Item (iv). Have been a member in good standing of the association at least five years;
or have been a member of the Andover Fire Department prior to the
formation of the association in which case time as active members of the
Fire Department prior to the date the association was formed shall count as
time as active members of the association.
o
Clause (b). Service pension. Each member meeting the requirements of clause (a) shall
be entitled to a defined contribution lump sum service pension as authorized
by Minnesota Statutes, Section 424A.02, subd, 4. An individual account for
each member shall be established. To each individual member's account
shall be credited a right to an equal share of;
(1). Any amounts of State Fire aid received by the association;
(2), Any amounts of municipal contributions to the association from tax levies
or other available revenue sources;
(3). Any amounts transferred from the General Fund; and
. '\
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Existing
~ I.
Existing
"'
ARTICLE IX (CONT.)
(4). Any amounts equal to the share of the assets of the Special Fund
(a). to the credit of any former member who terminated active service with the
Fire Department of the City of Andover prior to meeting the minimum
service requirement provided for in clause (a) and has not returned to active
service with the Fire Department for a period of at least five years or
(b). to the credit of any retired member who retired prior to obtaining a full non-
forfeitable interest in the amounts credited to the individual member account
pursuant to clause (b);
(5), Any interest or investment income less expenses earned on assets of the
Special Fund. At the time of retirement, a member meeting the
qualifications of clause (a) shall be entitled to the portion of the assets of the
Special Fund to hislher credit which is nonforfeitable according to the
following table based on the number of years to hislher credit:
"'
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 and thereafter
Nonforfeitable portion of
annual or pro rata service
pension amount
40%
44%
48%
52%
56%
60%
64%
68%
72%
76%
80%
84%
88%
92%
96%
100%
Completed years
of Service
,
Existing
11
u
Clause (c).
Clause (d).
o
()
Existing
ARTICLE IX (CONT.)
Deferred service pension, A member of the association who meets all of
the association who meets all of the requirements of clause (a) except for
a item (i), the minimum age requirement, who separates from active
service prior to reaching the age of 50 years shall be entitled to a
deferred service pension to COmmence upon hislher reaching the age of
50 years and upon hislher making a valid written application therefore to
the association, The association shall pay interest on the deferred
pension during the period of deferral at the rate actually earned less
expenses by the Special Fund but not to exceed the maximum rate per
annum set forth by Minnesota Statutes, Interest shall be compounded
annually based on calendar year balances. The deferred service pension
shall be governed by and shall be calculated on the incorporation, and
bylaws applicable on the date on which the member separated from
active service in the Fire Department and the association.
Installment payments. At the option of a retiring member, the service
pension provided for in clause (d) shall be paid in annual installments,
The election of installment payments shall be irrevocable and shall be
made by the retiring member in writing and filed with the Secretary of
the association no later than 30 days prior to the commencement of
payment of the service pension. The amount of the installment
payments shall be determined so that the present value of the aggregate
installment payments computed at an interest rate of five percent,
compounded annually, is equal to the amount which would have been
paid had the installment payment option not been elected. The payment
of each installment shall include interest at the rate actually earned less
expenses by the Special Fund but no to exceed the maximum rate per
annum set forth by Minnesota Statutes, compounded annually on the
reserve supporting the remaining installment payments as of the date on
which the previous installment payment was paid, to the date of payment
for the current installment payment.
Existing
Clause (e),
...
Existing
"
ARTICLE IX (Cont.)
Partial Payment. This option is intended to give the retiree a portion of
their retirement payment as early as possible after they elect to retire. At
the option of a retiring member, the service pension provided for in
clause (b) shall be paid in two installments. The election of partial
payments shall be made by the retiring member in writing and filed with
the Secretary of the association no later than 30 days prior to the
commencement of payment of the service pension. The first payment
shall not exceed the vested balance in their account shown on the last
audited statement. The second payment shall be the remaining vested
for the [mal year of their pension eligibility. Both payments must be
made in the same calendar year,
,
Existing
.. ....
Proposed
/ ~
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ARTICLE IX
Service Pension and Death Benefits
Section 1 - Service Pensions
Clause (a). Eligibility requirements. To be eligible to receive a service pension a
member must meet all of the following requirements:
Item (i). Be at least 50 years of age;
Item (ii). Have retired from the Fire Department of the Municipality of Andover,
Minnesota;
Item (iii). Have done at least five years (which years need not be continuous) of active
service with such department before retirement; and
Item (iv). Have been a member in good standing of the association at least five years;
or have been a member of the Andover Fire Department prior to the
formation of the association in which case time as active members of the
Fire Department prior to the date the association was formed shall count as
time as active members of the association.
()
Clause (b). Service pension. Each member meeting the requirements of clause (a) shall
be entitled to a defined contribution lump sum service pension as authorized
by Minnesota Statutes, Section 424A.02, subd. 4. An individual account for
each member shall be established. To each individual member's account
shall be credited a right to an equal share of;
(1). Any amounts of State Fire aid received by the association;
(2). Any amounts of municipal contributions to the association from tax levies
or other available revenue sources;
(3). Any amounts transferred from the General Fund; and
(j
Proposed
~ ..
Proposed
-,
ARTICLE IX (CONT.)
(4). Any amounts equal to the share of the assets of the Special Fund
(a). to the credit of any former member who terminated active service with the
Fire Department of the City of Andover prior to meeting the minimum
service requirement provided for in clause (a) and has not returned to active
service with the Fire Department for a period of at least five years or
(b), to the credit of any retired member who retired prior to obtaining a full non-
forfeitable interest in the amounts credited to the individual member account
pursuant to clause (b);
(5). Any interest or investment income less an equal share of administrative
expenses, and a proportionate share of investment expenses, earned on the
assets of the Special Fund. At the time of retirement, a member meeting the
qualifications of clause (a) shall be entitled to the portion of the assets of the
Special Fund to hislher credit which is nonforfeitable according to the
following table based on the number of years to his/her credit:
-\
5
6
7
8
9
10 and thereafter
Nonforfeitable portion of
annual or pro rata service
pension amount
40%
52%
64%
76%
88%
100%
Completed years
of Service
-,
Proposed
., .
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Clause (c).
Clause (d),
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Proposed
ARTICLE IX (CONT.)
Deferred service pension. A member of the association who meets all of
the requirements of clause (a) except for item (i), the minimum age
requirement, who separates from active service prior to reaching the age
of 50 years shall be entitled to a deferred service pension to commence
upon hislher reaching the age of 50 years and upon hislher making a
valid written application therefore to the association. Upon separation
from the Andover Fire Department, the association shall place the
balance of the retiree's account into a separate investment fund
maintained for retirees. Each retiree shall have a separate account
similar to the account maintained for active members. The board of
trustees must select and oversee the account and track the amounts
attributable to each deferred member. The association shall pay interest
at the investment performance rate actually earned on that portion of the
assets, less an equal share of administrative expenses, and a
proportionate share of investment expenses. The deferred member bears
the full investment risk.
Partial Payment. This option is intended to give the retiree a portion of
their retirement payment as early as possible after they elect to retire. At
the option of a retiring member, the service pension provided for in
clause (b) shall be paid in two installments. The election of partial
payments shall be made by the retiring member in writing and filed with
the Secretary of the association no later than 30 days prior to the
commencement of payment of the service pension. The first payment
shall not exceed the vested balance in their account shown on the last
audited statement. The second payment shall be the remaining vested
for the final year of their pension eligibility. Both payments must be
made in the same calendar year.
Proposed
':J
BY-LAWS
ofthe
ANDOVER FIREFIGHTERS'
RELIEF ASSOCIATION INC.
Proposed changes to the Service Pension to change 20 year vesting to 10 year
vesting.
Add Language to spell out how expenses are deducted.
o
o
Bylaw 1-2 Proposed
Page 1
Aug 2004
./ \
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BY-LAWS
of the
ANDOVER FIREFIGHTERS'
RELIEF ASSOCIATION INC.
ARTICLE IX (CONT.)
Clause (c). Deferred service pension, A member of the association who meets all of
the requirements of clause (a) except for a item (i), the minimwn age requirement, who
separates from active service prior to reaching the age of 50 years shall be entitled to a
deferred service pension to commence upon his/her reaching the age of 50 years and
upon his/her making a valid written application therefore to the association. Upon
separation from the Andover Fire Department, the association shall place the vested
balance of the retiree's account into a separate investment fund maintained for retirees.
Each retiree shall have a separate account similar to the account maintained for active
members, The board of trustees must select and oversee the account and track the
amounts attributable to each deferred member, The association shall pay interest at the
investment performance rate actually earned on that portion of the assets, less an equal
share of administrative expenses, and a proportionate share of investment expenses. The
deferred member bears the full investment risk. The deferred service pension shall be
governed by and shall be calculated on the incorporation, and bylaws applicable on the
date on which the member separated from active service in the Fire Department and the
association.
/ ,
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Bylaw 1-2 Proposed
Page 2
Aug 2004
, -,
BY-LAWS
of the
ANDOVER FIREFIGHTERS'
RELIEF ASSOCIATION INC.
'<}
(4). Any amounts equal to the share of the assets of the Special Fund
(a), to the credit of any former member who terminated active service with the
Fire Department of the City of Andover prior to meeting the minimum
service requirement provided for in clause (a) and has not returned to active
service with the Fire Department for a period of at least five years or
(b), to the credit of any retired member who retired prior to obtaining a full non-
forfeitable interest in the amounts credited to the individual member account
pursuant to clause (b);
(5). Any interest or investment income less an equal share of administrative
expenses, and a proportionate share of investment expenses, earned on the
assets of the Special Fund, At the time of retirement, a member meeting the
qualifications of clause (a) shall be entitled to the portion of the assets of the
Special Fund to his/her credit which is nonforfeitable according to the
following table based on the number of years to his/her credit:
5
6
7
8
9
10 and thereafter
Nonforfeitable portion of
annual or pro rata service
pension amount
40%
52%
64%
76%
88%
100%
, ,
Completed years
of Service
,,)
~ "
1..,.)
Bylaw 1-2 Proposed
Page 3
Aug 2004
r'
" }
BY -LAWS
of the
ANDOVER FIREFIGHTERS'
RELIEF ASSOCIATION INC.
Proposed elimination Article IX clause (d), the provision for payment of a pension in
installments. Clause (d) is presented below for reference.
,--...
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Bylaw 1-2 Proposed
Page 1
Aug 2004
.
( )
,
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Clause (d).
BY-LAWS
of the
ANDOVER FIREFIGHTERS'
RELIEF ASSOCIATION INC.
ARTICLE IX (Cont.)
Installment payments, At the option of a retiring member. the service
pension provided for in clause (d) shall be paid in annual installments.
The election of installment payments shall be irrevocable and shall be
made by the retiring member in writing and filed with the Secretary of
the association no later than 30 days prior to the commencement of
payment of the service pension, The amount of the installment
payments shall be determined so that the present value of the aggregate
installment payments computed at an interest rate of five percent,
compounded annually, is equal to the amount which would have been
paid had the installment payment option not been elected. The payment
of each installment shall include interest at the rate actually earned less
expenses by the Special Fund but no to exceed the maximum rate per
annum set forth by Minnesota Statutes, compounded annually on the
reserve supporting the remaining installment payments as of the date on
which the previous installment payment was paid, to the date of payment
for the current installment payment.
Bylaw 1-2 Proposed
Page 2
Aug 2004
o
o
o
;
BY-LAWS
of the
ANDOVER FIREFIGHTERS'
RELIEF ASSOCIATION INC.
Proposed changes to Deferred Service Pension to set up a separate investment fund,
specifies that each deferred member have a separate account similar to the account
they had as an active firefighter.
Add language to spell out how expenses are deducted, and how the income is
divided.
Bylaw 1-2 Proposed
Page 1
Aug 2004
./. '\
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o
o
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BY -LAWS
of the
ANDOVER FIREFIGHTERS'
RELIEF ASSOCIATION lNC.
ARTICLE IX (CONT.)
Clause (c). Deferred service pension. A member of the association who meets all of
the requirements of clause (a) except for a item (i), the minimum age requirement, who
separates from active service prior to reaching the age of 50 years shall be entitled to a
deferred service pension to commence upon hislher reaching the age of 50 years and
upon his/her making a valid written application therefore to the association. Upon
separation from the Andover Fire Department, the association shall place the vested
balance of the retiree's account into a separate investment fund maintained for retirees,
Each retiree shall have a separate account similar to the account maintained for active
members. The board of trustees must select and oversee the account and track the
amounts attributable to each deferred member. The association shall pay interest at the
investment performance rate actually earned on that portion of the assets, less an equal
share of administrative expenses, and a proportionate share of investment expenses. The
deferred member bears the full investment risk. The deferred service pension shall be
governed by and shall be calculated on the incorporation, and bylaws applicable on the
date on which the member separated from active service in the Fire Department and the
association.
Bylaw 1-2 Proposed
Page 2
Aug 2004
r '\
V
CITY OF
NDOVE
@)
TO:
CC:
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Mayor and Councilmembers ~
Jim Dickinson, Interim City Administrat
Will Neumeister, Community Development irector tvdv.-..
Courtney Bednarz, City Planm#?
FROM:
SUBJECT:
Consider Sketch Planll5941 Hanson Boulevard - Planning
DATE:
August 17,2004
INlRODUCTION
The Council is asked to review a residential sketch plan of a development containing nine lots.
Conformance with local and Rel!ional Plans
The proposed sketch plan is consistent with the Andover Comprehensive Land Use Plan. The
property is designated Transitional Residential (TR). This designation indicates the property will
transition from rural to urban with the extension of utilities to the property.
o
The property is located in the Metropolitan Urban Service Area (MUSA) and lies within the current
growth stage (2000-2005) in the city's sewer expansion plan. Municipal utilities can be extended to
serve the entire development. The zoning ofthe property is Single Family Rural Residential, R-l.
A rezoning to Single Family Urban Residential, R-4, will be necessary to allow the project to move
forward.
DISCUSSION
The subject property is approximately 4.8 acres in size. A ghost sketch of the property was
prepared with the Shady Oak Cove preliminary plat. This sketch showed eight lots with one lot
containing the existing house. Due to the fact that there is no other way to provide access to the
property, a variance to the length of the cul-de-sac was approved for the Shady Oak Cove
Development and referenced the futur~ extension to serve the subject property.
The applicant has submitted a sketch plan also containing eight lots. This sketch shortens the length
of the street extension into the subject property and utilizes a larger cul-de-sac with a landscaped
center island. This design results in increased front yard sizes and also increases the depth of lots at
the south end of the cul-de-sac.
Lots
Each of the proposed lots will exceed the R-4 minimum lot area requirement of 11,400 square feet
as indicated on the sketch plan. Each of the lots will meet or exceed the R-4 minimum lot width
and depth requirements. The existing house will be located on one of the lots.
~-J Landscaped Cul-De-Sac Island
Landscaped islands can be attractive addition to a neighborhood. Functionality and long tern
maintenance also need to be ensured in the design. The design will need to ensure adequate turning
radius for emergency vehicles and plows. Long term maintenance will also need to be provided by
assigning this responsibility to a homeowners association. The Public Works Department has
r~ \
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indicated that a cul-de-sac with a landscaped island is acceptable provided the turning radius is
sufficient for plows and the first eight feet is sodded, irrigated and remains clear of plantings to
allow for snow storage.
Hanson Boulevard
The Anoka County Highway Department has previously indicated that no public street access to
Hanson Boulevard will be allowed. The existing driveway will need to be removed and the right of
access dedicated to Anoka County on the final plat. 150 feet of right-of-way presently exists for
Hanson Boulevard adjacent to the subject property. The ACHD has previously indicated that no
additional right-of-way is needed,
Storm Water Manal!ement Plan
The applicant indicates that the existing pond in Chesterton Commons North would be expanded
into the subject property. Drainage calculations and the proposed grading plan will need to be
reviewed by the Engineering Department and Coon Creek Watershed Management Organization as
a part of preliminary plat review.
Trail alonl! Hanson Boulevard
The proposed development will be required to pay a trail fee for each lot. A trail may be
constructed along Hanson Boulevard as a part of a future City project. A wetland on the east side of
Hanson Boulevard complicates the design and will increase the cost of this trail segment. The City
is also pursuing an interior trail connection to allow access to I 54th Avenue to facilitate a safe
crossing to the Oak View Middle School. A decision will need to be made by the City Council
based on input from the neighborhood and the Park and Recreation Commission.
r ,
o
Overhead Transmission Line/Easement
An overhead transmission line exists on the west side of the subject property. The location ofthe
easement in relation to the proposed cul-de-sac will need to be verified to ensure adequate space
will remain to construct homes.
Planninl! Commission Recommendation
The Planning Commission was generally in favor of the proposed sketch plan with the landscaped
island. They wanted to make sure that the ponding would be handled appropriately, that the
homeowners association would be set up to maintain the island, and that the island would be
landscaped in an attractive manner, The minutes from the meeting are attached.
ACTION REOUESTED
The Council is asked to review the proposed sketch plan and to suggest any modifications the
Council feels are appropriate.
o
Attachments
Location map v
Proposed Sketch Plan v
Ghost Sketch from Shady Oak Cove ,/
Project Description from Applicant ./
Photographs of Landscaped Island ,/
iJannin Commission Minutes ./
pe ~J2~mi~Ld,
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Cc: Jason Osberg, Premier Development 1428 5th Avenue South Anoka, MN 55303
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Urban Residential Sketch Plan
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Project Location Map
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Layout Name: LOCATION MAP LAYOUT Project Location: H:\GISDATA\Pl.ANNING\PROJECTS\NEWCASES.APR Date Printed: 08/03/2004 _ 02:37:16 PM
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CONCEPT PLAN 4A - 080304
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SATHRE-BERGQUIST, INC.
150 SOUTHBROAOWAV WAYlJ\TA. ~N_~91 1952)~l6-6000
PRASKY PROJECT
ANDOVER, MINNESOTA
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PREMIER DEVELOPMENT OF THE 'TWIN CITIES, INC.
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August 4, 2004
City of Andover
Attn: Mr. Courtney Bednarz, City Planner
1685 Crosstown Boulevard NW
Andover, MN 55304
(763) 755-5100
RE: Sketch Plan Application
Dear Mr. Bednarz, Anover Planning Commission, and City Council:
I am pleased to submit my application for a sketch plan to develop property in Andover.
I have entered into a purchase agreement to acquire approximately 5 acres located at
15941 Hanson Boulevard. Included is a proposed sketch plan that meets the general
guidelines set forth in the development code for Andover.
My concept is to plat 8 total single family lots on the property. There is an existing home
on the property that will remain as part of the development. A total of 7 buildable lots
are proposed as part of the application. The site does have some wetlands located on it
near Hanson Boulevard, and are located within the powerline easement. The stormwater
treatment is proposed to be serviced by expanding the existing pond to the south of the
subject parcel. The public utilities are proposed to be extended from the temporary cul-
de-sac at the end of Eagle Street.
As an amenity to the development, I am proposing a landscaped center island. This
island is approximately 5,300 square feet in size and will provide an aesthetically
pleasing focal point as you enter directly into this neighborhood. The island would be
fully landscaped and maintenance would be the responsibility of the homeowners
association. I would likely use drought tolerant plantings along with decorative rock and
trees.
I look forward to meeting with Staff, and the Planning Commission on August 10, 2004.
Please let me know if you have any questions, I can be reached on my cell phone at (612)
860-4075.
Respectfully Submitted,
Andy prasky
Andy Prasky
Prasky Development
CC: AI and Theresa Theis, 15941 Hanson Boulevard, Andover, MN 55304
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Regular Andover Planning and Zoning Commission Meeting
Minutes - August 10, 2004
Page 6
.. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR AN URBAN
RESIDENTIAL DEVELOPMENT LOCATED AT 15941 HANSON BOULEVARD
NW.
Mr. Bednarz explained the Planning Commission is asked to review a residential sketch
plan for an urban development containing nine lots.
Mr, Bednarz discussed the information with the Planning Commission.
Commissioner Gamache asked if this was a legal cul-de-sac or did it need a variance,
Mr. Bednarz stated they handled the variance for the length of the cul-de-sac with Shady
Oak Cove.
**
Commissioner Kirchoff stated that with this being such a small development, who would
take care of the center donut in the road. Mr. Bednarz referred this item to the
developers.
~-)
Mr. Jason Osberg and Mr. Andy Prasky of Premier Development stated there would be
. an association and it would be very minimal. The only other thing they discussed
regarding the center area was to dedicate the center area as park land and then the burden
falls back onto the City which is probably not as favorable as a homeowner's association.
Mr. Osberg stated with the association, there will probably be an annual fee of$25.00 per
home to care for the area. He stated they would like to have the ability to do something
that is not sodded and that may not require irrigation in the center such as a rock garden
or a dry river bed appearance. Something that is still an amenity or focal point to he
neighborhood and would look fairly attractive but would not require as much
maintenance or irrigation.
Commissioner Gamache asked if there is an option to have the middle area deeded to a
parcel. Mr. Bednarz stated this would be a little unusual. Typically these islands are in
the right-of-way and the maintenance responsibility is assigned to the association.
Commissioner Jasper asked ifthere were other developments like this in the City with
this type of a cul-de-sac. Mr. Bednarz stated they do not have anything specifically like
this, They have a few landscaped medians that are at entrances to developments. He
listed the developments.
Commissioner Kirchoff asked how the cul-de-sac was maintained at Shadow Brook. Mr.
Bednarz understood it was taken care of by one or more of the owners closest to it.
o
Commissioner Jasper stated the one that goes into Woodland Creek by the red barn is not
really taken care of by anyone so they would want to make sure this is taken care of by
someone.
-'1-'
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Regular Andover Planning and Zoning Commission Meeting
Minutes - August 10, 2004
Page 7
Commissioner Kirchoff stated he liked the idea of low maintenance. Maybe a dry river
bed, especially around the first eight feet.
Commissioner Vatne stated he noticed a caveat based on the final conclusion of where
this easement is on the transmission lines. It looks like the interpretation runs pretty close
to lots seven and eight. If the easement ends up coming in further to the east, does this
propose problems to the layout. Mr. Bednarz stated if the easement does encroach further
into the property, it could potentially affect the building pads as shown. The size of the
cul-de-sac and street may need to be adjusted if that is the case. He stated the island itself
has a diameter of about one hundred feet so there is room for adjustment if necessary.
Commissioner Jasper stated this plan shows the pond being expanded but part of the pond
expansion is on property that is not part of this development. How does that work. Mr.
Bednarz stated there is a drainage and utility easement that covers the area of the pond up
to the property line. The applicant would be required to put together a storm water
management plan that meets the Watershed District requirements, that does not put
additional water onto that property.
, ,
Mr. Osberg showed on the map the easements of the property and explained how the
building pad on lot seven could be adjusted. He stated regarding the storm water pond
adjustment, at this point, when the sketch was put together, it is a presumption that the
pond could be expanded. The alternative is there is additional land on the site that a pond
could be created.
'_J
Motion by Jasper, seconded by Vatne, to open the public hearing at 8:05 p.m. Motion
carried on a 6-ayes, O-nays, I-absent (Greenwald) vote.
There was no public input.
Motion by Kirchoff, seconded by Casey, to close the public hearing at 8:07 p.m. Motion
carried on a 6-ayes, O-nays, I-absent (Greenwald) vote.
Commissioner Jasper stated he would rather see sod in the middle of the cul-de-sac and
have it maintained. Commissioner Gamache stated he agreed because the rocks will end
up all over the road and other areas. Commissioner Kirchoff stated he was ok with sod as
well.
Chairperson Daninger summarized the Commissions comments to the applicants. He
commended the developers on the size of the lots. He stated the cul-de-sac is something
different and he thought it would add some buffering from the houses. He stated there is
always an issue with safety concerns but he thought this was something different. He did
not think a park would work in the middle of the cul-de-sacbecause they did not want
kids playing there. Another concern is the homeowners association and how the island
. " will be landscaped.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - August] 0, 2004
Page 8
Commissioner Kirchoff stated he liked the large cul-de-sac. Commissioner Gamache
stated he liked the current plan rather than the ghost sketch from Shady Oak Cove. He
thought this was a good alternative and that they did a good job.
Mr. Bednarz stated that this item would be before the Council at the August 17, 2004
City Council meeting.
Reschedule September 14, 2004 Planning Commission Meeting
It was note . Bednarz would email the Commission to find out what night would be
the best for the lanning Commission meeting to be moved.
Mr. Bednarz mentio ed that they have been holding a couple of neighborhood meetings
to discuss the staging n now that the sewer study has been completed.
Mr. Bednarz stated they ha received a sketch plan proposal for the area southeast of
Andover Boulevard and Prain oad.
Chairperson Daninger asked what outcome was from the City Council regarding the
four season porch they denied. Mr. B narz stated the City Council approved it.
Mr, Bednarz updated the Planning Commis 'on on related items.
Commissioner Vatne stated from his perspective, egarding the TIF proposal, they voted
to deny due to insufficient information as he propo d and to clarify, what he would be
looking for going forward, they need to have an expl tion of financials and
corresponding tax impact. He asked they are able to be understand the reason why
they were including the residential property in this proposa d not in the previous one
and an understanding whether the residents have a choice or n t. Whether they are
included in the TIF or whether they will be forced to sell, It occ ed to him that when
they discussed this previously, there were inspections that were in ocess and he did not
think to question what the results were but it would be interesting to ow the results of
the inspections and how this impacted the proposal they saw at the meet g,
Commissioner Jasper stated it was frustrating to him that all the information
available but they were requested to make a recommendation. He felt it was a
their time,
-II
.'
CITY OF
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
FROM: Jim Dickinson, Finance Director/Interim City Administrator
SUBJECT: Schedule EDA meeting
DATE: August 17, 2004
INTRODUCTION
The Council is requested to schedule an Economic Development Authority (EDA) meeting on
September 7, 2004 at 6:00.
DISCUSSION
.' .
Tentative agenda items for a September 7th EDA meeting have been identified as follows:
'" .I
1. Discuss Andover Station North Residential Land Sale.
2. Discuss Andover Station North Improvements.
3. Approve Andover Station North Marketing Contract.
4. Update on Andover Station
5. Other Business
Other items may be added upon request.
ACTION REOUIRED
Schedule an EDA meeting for Tuesday, September 7, 2004 at 6:00 p.m.
~
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\.-,,'
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARO 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, Interim City Administrator
SUBJECT: Supplemental Agenda Items for August 17,2004 Council Meeting
DATE: August 17, 2004
The City Council is requested to review the supplemental material for the following Agenda Items:
Accept Additional Information under Consent Items
Item #5. Appoint Election Judges/Primary Election (Supplemental) - Clerk
Item #7. Approve Ordinance Change for City Administrator (Supplemental) -Administration
Item #8. Appointment Recommendation/City Administrator (Supplemental) - Administration
(please Note: Items 7 & 8 in your packets should be 8 & 7 - numbers were reversed.)
Item #10a. Extend Liquor Licenserranner's (Supplemental) - Clerk
Dickinson
'm City Administrator
,^NDbVE~
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, Interim City Administrator
FROM: Vicki Volk, City Clerk
SUBJECT: Appoint Election Judges - Supplemental
DATE: August 17,2004
DISCUSSION
Attached is the list of judges for the Primary Election.
ACTION REOUIRED
Council is requested to adopt the resolution appointing election judges.
Respectfully submitted,
flt; ();/b
Vicki V olk
City Clerk
Attach: Resolution/Judges
CD
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. R.
A RESOLUTION APPOINTING JUDGES TO SERVE AT THE SEPTEMBER 14,
2004 PRIMARY ELECTION IN THE CITY OF ANDOVER.
WHEREAS, the City Council is required by State Statute to appoint election
judges to serve at the September 14, 2004 Primary Election.
NOW, THEREFORE, BE IT RESOLVED that the following are appointed to
serve as election judges at the September 14, 2004 Primary Election.
Precinct # 1 - Hope Lutheran Church
R Gloria Young - Chief
R William Bush
R Jan Gilpin
D LeeAnn Horton
D Signe Renshaw
R Richard Snyder
D Gary Strand
R Deborah Olson
R Sylvia Volk
Jessica Wegner - Student
Precinct # 2 - Grace Lutheran Church
R Vema Hennen - Chief
R Robert Belousek
D Carol Bradley
D Janet Conway
R Kay Cooper
R Chris Deggendorf
D Micki Harris
D John Johanson
Kelsey Knutson - Student
R Joann Koechler
R Jerry Lapham
D Fred Lown
R Joyce Nichols
I Luther Romo
Karl Tingelstad - Student
Precinct # 3 - Riverdale Assembly of God Church
R Cheryl Orttel- Chief
R Elaine Boos
D Quinley Free
R Phyllis Kieffer
I Irene Kroll
R Michael St. John
R Robert Stromgren
R Sue McBride
D Connie Schultz
Precinct # 4 - The Farmstead
D Gretchen Sabel - Chief
D Karen Brown
D Leatrice Cooper
D Stan Graf
D Mildred Johnson
R Maureen Olson
R Greg Pajak
R Lorraine Tressel
R Bonnie Lapham
Precinct # 5 - Meadow Creek Church
R Terry Van Note - Chief
R Sue Ctvrtnik
R Lois Spadgenske
R Susan Wood
D Troy Brown
D Bruce Crane
R Mary Munson
Precinct # 6 - Bunker Hills Activity Center
D Charles Buckman-Ellis- Chief
R Jessie Fredine
D Dan Frost
D Albert LaCombe
R Dan Lehrer
R Polly Matteson
R Carol Mueller
R Dean Stephens
R Marlene Westphal
D Don Weid
Precinct # 7 - Constance Evangelical Free Church
I Deanna Connoy - Chief
D Shirley Beam
Christina Pajak - Student
R Mary Sullivan
R Loretta Sunderland
I Edith Tray
R Heidi Traeger
R John Wolf
D Nancy Ahlberg
D Carol Kehner
Precinct # 8 - Andover Christian Church
D Brenda Fildes - Chief
D Scott Ackerman
I Kelly Danzl
R Joe Dupay
R Virginia Hayes
Brandon Hersch - Student
R Dale Niemi
R Doni Pentcheva
R Jolene Trauba
D Peter Dobratz
Precinct # 9 - Prairie Oak Communitv Church
D Cindy Brostrom- Chief
R Gary Horning
I Norma Johnson
D Judith Luoma
R William Obedoza
D Marlene Palm
D Nancy Posl
I Lucy Schalwig
D Mary White
R Ann Lown
R John Moore
R Carol Smith
Precinct # 10 - Andover Elementarv School
R Peggy Olson - Chief
R James R. Anderson
R Sharlene Booker
I Jeanne KoeWer
R Todd Spanier
D Shawn Marie Spreigl
I Susan Beal
I Larry Mueller
D Don Ahlberg
R Robyn Smith
R Bev Halek
Adopted by the City Council of the City of Andover this _day of
,2004.
CITY OF ANDOVER
Attest:
Michael R. Gamache, Mayor
Victoria Volk, City Clerk
CITY OF
NDOVE
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: James Dickinson, Interim City Administrator
FROM: Dana Peitso, Human Resources Manager
SUBJECT: Amend City Administrator Ordinance -Supplemental
DATE: August 17,2004
DISCUSSION
Per the recommendation of City Attorney Bill Hawkins, the City Administrator Ordinance
should be changed to reflect the fact that a contract outlines the tel1lls of their position, in
addition to the "at will" language.
BUDGET IMPACT
None
ACTION REOUESTED
Please approve the City Administrator Ordinance, as amended.
Respectfully submitted,
~~
Dana Peitso
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. .
AN ORDINANCE AMENDING THE POSITION OF CITY ADMINISTRATOR
The City Council of the City of Andover hereby ordains as follows:
Section 1-6-2 Appointment; Term of Office; Removal
Section 4.
Term of Office.
The administrator shall be chosen by the City Council solely on the basis of training,
experience and administrative qualifications. The City Administrator shall be appointed
for an indefinite period "at will" by a majority of the City Council and may be removed
from office only by a majority of the City Council, in accordance with the rules and
proeedHfes set f{)rtfl in the City per30nFlel policy. terms of their employment contract.
Adopted by the City Council of the City of Andover on this 17th day of August. 2004.
ATTEST:
CITY OF ANDOVER
Victoria V olk, City Clerk
Mike Gamache, Mayor
I
9\NDbVE~
o
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and CounciImembers
CC: James Dickinson, Interim City Administrator
FROM: Dana Peitso, Human Resources Manager
SUBJECT: Appoint City Administrator - Supplemental
DATE: August 17,2004
DISCUSSION
After reviewing the contract it was determined that a couple of points of clarification were
needed. All of the changes occur in Section 4 - severance pay upon termination, On page 2 the
words "of employment" were added to paragraphs 3 and 4. On page 3 the last paragraph of
Section 4 was revised to clarify which paragraphs this statement applies to,
ACTION
Please appoint James Dickinson as City Administrator effective September 8, 2004,
Respectfully submitted,
/~&- ~
Dana Peitso
EMPLOYMENT AGREEMENT
FOR JAMES DICKINSON
THIS AGREEMENT, made and entered into this 17th day of August 2004, by and between the CITY
OF ANDOVER, MINNESOTA, a municipal corporation (hereinafter the "CITY") and JAMES
DICKINSON. (hereinafter "EMPLOYEE").
WITNESSETH:
WHEREAS, the CITY is a municipal corporation in the State of Minnesota; and
WHEREAS, the EMPLOYEE has applied for the City Administration position with the CITY, which
is appointed for an indefinite term by the City Council of the CITY OF ANDOVER and is subject to
removal by a majority vote of the City Council; and
WHEREAS, the EMPLOYEE will be classified as a supervisol)' employee pursuant to Minn. Stat.
179A.03,subd.17;and
WHEREAS, the CITY desires to employ EMPLOYEE, and to secure and retain his services, and to
encourage effective, professional and efficient execution of their responsibilities by assuring
EMPLOYEE'S morale, security, and independence, and to deter nonfeasance, malfeasance, and
dishonesty in said position, and to require and secure for the CITY the full and undivided efforts of the
EMPLOYEE, and to provide a just and reasonable provision for the termination of EMPLOYEE'S
services at such future time as either party may desire; and
WHEREAS, the EMPLOYEE agrees to serve the CITY on the terms and subject to the benefits,
inducements, and conditions herein set forth and agreed to by the parties, which have been negotiated and
agreed to by the parties for their mutual benefit;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements set forth
herein, the EMPLOYER and the EMPLOYEE agree as follows:
SECTION 1- RECITALS
The parties adopt and acknowledge the recitals hereinabove as part of this Agreement.
SECTION 2 - DUTIES
Subject to the provisions for removal as provided in this Agreement, the CITY will employ EMPLOYEE
as City Administrator, to perform the functions, duties and powers of said position as established under
Minnesota law and under the ordinances of the CITY. EMPLOYEE will faithfully and diligently perform
all of the duties, responsibilities and powers so vested, delegated, or assigned, and shall obey all laws of
the United States and of the State of Minnesota and all ordinances of the CITY, EMPLOYEE will not
engage in any activities or conduct which are foreseeably likely to bring dishonor or disrepute to his
1
position or to the CITY.
SECTION 3 - TERMS OF EMPLOYMENT
EMPLOYEE will serve "at will" as City Administrator for the CITY for an indefinite tenn, in accordance
with the City Ordinances. However, this Agreement shall be automatically renewed for successive one
(I) year tenns, unless EMPLOYEE is tenninated as provided here within.
EMPLOYEE'S tenure, service, and authority as City Administrator of the CITY shall be subject to
immediate termination with or without cause as provided by Section l-6-2E of the Andover Code of
Ordinances, The EMPLOYEE shall be considered tenninated at the date and time detennined by the City
Council, but the EMPLOYEE shall be entitled to benefits as hereinafter stated.
EMPLOYEE may resign from his position as City Administrator at any time, with thirty (30) calendar
days advance written notice to the City Council, unless otherwise agreed to by the EMPLOYEE and the
CITY, Should the EMPLOYEE fail to give the required thirty (30) calendar day written advance notice,
the EMPLOYEE forfeits all rights established by this contract unless agreed to by both parties,
SECTION 4 - SEVERANCE PAY UPON TERMINATION
In the event EMPLOYEE is tenninated because of his conviction for an illegal act involving personal
gain to EMPLOYEE, or is immediately terminated for any violation of the tenns in the Personnel Policy,
then the CITY shall have no obligation to pay the tennination benefits,
In the event that EMPLOYEE is tenninated by the CITY during the first six (6) months of employment,
the CITY agrees to pay EMPLOYEE at the time of his last pay check a lump sum equal to six (6) months
aggregate salary and to continue to provide pay for the benefits set forth in Section 8 for a period of six
(6) months following tennination, At the EMPLOYEE'S discretion the option of returning to his original
position of City Finance Director may be substituted for tennination benefits at a salary at least
commensurate to that being paid at resignation.
In the event that EMPLOYEE is tenninated by the CITY during the period of 6 months and 2 years2f
emplovment, the CITY agrees to pay EMPLOYEE at the time of his last pay check a lump sum cash
payment equal to six (6) months aggregate salary and to continue to provide pay for the benefits set forth
in Section 8 for a period of six (6) months following termination,
In the event that EMPLOYEE is terminated by the CITY after 2 years of emplOYment, the CITY agrees to
pay EMPLOYEE at the time of his last pay check a lump sum cash payment equal to four (4) months
aggregate salary and to continue to provide pay for the benefits set forth in Section 8 for a period offour
(4) months following tennination.
In the event that EMPLOYEE that EMPLOYEE has been unable to perform the duties and
responsibilities of his position for a period of six (6) months due to a disability or at such earlier time that
the EMPLOYEE is detennined to be pennanentlyunable to perform the duties and responsibilities of his
or position due to a disability, then in that event, the CITY agrees to pay EMPLOYEE at the time of his
last pay check a lump sum, at the discretion of employee, equal to six (6) months aggregate salary and to
2
continue to provide pay for the benefits set forth in Section 8 for a period of six (6) months following
termination.
If the CITY at any time during the employment term reduces the salary or other financial benefits of
EMPLOYEE in a greater percentage than across-the-board reduction for all employees, or if the CITY
refuses, following written notice, to comply with any other provisions of this Agreement benefiting
EMPLOYEE or EMPLOYEE resigns following a formal suggestion by the CITY that he or she resign,
then EMPLOYEE may, at his option, be deemed to be terminated on the effective date of EMPLOYEE 'S
resignation and the EMPLOYEE shall also be entitled to receive the termination benefits set forth above,
If EMPLOYEE voluntarily resigns his position with the CITY, there shall be no termination pay.
Upon discharge or resignation for any reason, EMPLOYEE shall be entitled to payment in the amount of
the EMPLOYEE'S total accumulated annual leave and any other benefit provided to employees in this
document or under the Personnel Policy.
!~ :~:~~O::-EE requests any lump sum pa)merll due Hnder this abreement shall be paid in eqHal bi
weekly installments Hntil [laid in full.
An a ents due under ara a hs 2 3 4 5 or 6 ma be aid either in a lum sum a ent or in e ual
bi-weekly installments until paid in full at the employees discretIon.
SECTION 5 - COMPENSATION
The CITY will pay EMPLOYEE for his services in accordance with the terms and conditions outlined
in the City's Compensation Plan. The CITY shall pay EMPLOYEE for his services as City
Administrator a bi-weekly gross salary of$3.518.23. After successful completion of6 months'
employment as City Administrator, EMPLOYEE bi-weekly gross salary shall increase to $3.634.23.
After successful completion of 12 months' employment as City Administrator, and thereafter on an
annual basis, the City Council shall review, and consider an increase to EMPLOYEE'S salary as per
CITY pay plan.
The CITY shall contribute to EMPLOYEE'S Public Employees Retirement Association ("PERA")
account in the amount prescribed by law. As of the effective date of this Agreement, that amount is
5.53% of his annual salary,
The CITY shall contribute $2,000 annually on a bi-weekly basis to EMPLOYEE'S account towards a
deferred compensation program currently provided by the CITY, and thereafter on an annual basis,
the City Council shall review and consider an increase in the contribution.
The CITY shall provide a $200 monthly vehicle allowance for the use of EMPLOYEE'S personal
vehicle on CITY business, in lieu of reimbursement of mileage and thereafter on an annual basis, the
City Council shall review and consider an increase to the monthly vehicle allowance, The CITY shall
have no obligation to make this payment after EMPLOYEE'S termination date,
The CITY will provide EMPLOYEE with an annual job performance evaluation no later than March 1 st
of2005, If the EMPLOYEE'S performance is determined to be at least satisfactory, the EMPLOYEE
shall have his salary adjusted based upon the general cost-of-living wage adjustments provided to other
3
non-union personnel.
SECTION 6 - GOVERNMENTAL AND PROFESSIONAL ASSOCIATIONS
At the discretion of the City Council, the CITY will pay the dues and subscription fees of EMPLOYEE
for such national, regional, state and local governmental, professional, and service associations and
organizations, including institutions of higher education, which the City Council determines are
reasonably necessary for the EMPLOYEE'S professional participation, certification, advancement,
improvement and growth, and which will benefit his service to the CITY, as may from time to time be
approved in advance by the City Council upon the EMPLOYEE'S written request.
SECTION 7 - PROFESSIONAL DEVELOPMENT AND TRAVEL
The CITY will payor reimburse EMPLOYEE for his reasonable time and subsistence expenses in
attending meetings and events at which EMPLOYEE represents the CITY, or which are reasonably
necessary or desirable for EMPLOYEE'S professional development, or which are reasonably required by
Employee's membership in an organization, association or committee for which the City pays the
Employee's or the City's membership dues, Every other year, as determined by the employer, the
EMPLOYEE should be encouraged, at CITY expense, to attend a national conference in the employee's
field of responsibility,
The CITY will payor reimburse the reasonable travel and subsistence expenses of EMPLOYEE for
attendance at short courses, institutes and seminars relating to municipal government, finance, and
management which are reasonably necessary for EMPLOYEE'S professional development and which
will benefit his service to the CITY. Employee will not attend any such course, institute or seminar out-
of-state if an equivalent or comparable course, institute or seminar is offered in Minnesota.
The amounts and rates for reimbursement or payment of EMPLOYEE'S travel and subsistence expenses
shall be determined in accordance with reasonable regulations applicable to all City employees adopted
by the City Council as part of the City's Personnel Policy. Any costs associated with the conference or
travel that exceed budgeted amounts shall be the responsibility of the employee.
SECTION 8 - LIFE, HEAL TH DENTAL AND LONG-TERM DISABILITY BENEFITS
The CITY will provide Life, Health, Dental and Long-short term disability in the same manner as for
other non-union employees.
SECTION 9 - HOLIDAYS, ANNUAL LEAVE, and COMPENSATORY TIME
The CITY shall provide EMPLOYEE the same holidays, and annual leave benefits as other non-
union employees as provided in the City's Personnel Policy at the 5-9 years benefit rate. As of
November I, 2004, the CITY shall provide EMPLOYEE annual leave benefits at the 10+ years
benefits rate. The EMPLOYEE will resign from his current position City of Andover Finance
Director and be paid the benefits due at the time of resignation, with the exception of a bank of 40
hours of annual leave already accrued to be immediately available to EMPLOYEE in his new
position.
4
The CITY understands that the duties of the City Administrator require a great deal of time outside
normal business hours, and for that reason the EMPLOYEE make take reasonable compensatory time off
during normal business hours, so long as the taking of such compensatory time does not unduly interfere
with performance of his duties.
The City shall have no obligation to pay any unused Compensatory time, upon termination of
EMPLOYEE.
SECTION 10 - OTHER TERMS OF EMPLOYMENT
The CITY will defend and indemnify EMPLOYEE to the extent required by Minn. Stat. 466,07, The
City shall defend, indemnify, and hold harmless Employee against any and all civil claims, demands,
suits, actions, or proceedings of any kind or nature arising out of performance by Employee of his official
duties and responsibilities as City Administrator, This indemnification shall not apply to any criminal
proceedings which may be filed against the Employee.
The CITY shall furnish and provide EMPLOYEE with insurance protection including comprehensive
general liability and errors and omissions coverage applicable to all acts or omissions of EMPLOYEE
arising out of his employment.
SECTION 11 - GENERAL PROVISIONS
Whenever in this Agreement reference is made to any action of the City Council, such reference shall
mean collective action in an official meeting,
The CITY will make reasonable appropriations or will budget reasonable amounts, in accordance with the
law and with the City Ordinances, for all benefits, payments and reimbursements to which EMPLOYEE
is entitled under this Agreement.
This Agreement shall be governed by and shall be construed in accordance with the laws of the State of
Minnesota and the ordinances of the City.
This Agreement shall be in effect from and after the 8th day of September 2004, Unless otherwise
terminated or modified in accordance with the provisions set forth in this Agreement.
This Agreement shall be terminated upon the occurrence of any of the following events:
a. the occurrence of an event outlined in Section 3 of this Agreement;
b. the mutual agreement of Employer and Employee;
c. the death of EMPLOYEE, In such event, EMPLOYEE, or the estate of the EMPLOYEE, shall be
paid all compensation as provided in this Agreement;
d, upon the written notice of either party to terminate this Agreement, provided that such notice
shall be effective thirty (30) days after the other party receives the written notice;
e. EMPLOYEE has been unable to perform the duties and responsibilities of his position for a
period of six (6) months due to a disability or at such earlier time that the EMPLOYEE is
5
determined to be permanently unable to perform the duties and responsibilities of his position due
to a disability;
ENTIRE AGREEMENT. This is the entire agreement between the parties, Except as provided above,
it supersedes all prior agreements and understandings between the parties relating to the employment of
EMPLOYEE and the termination of such employment. This Agreement may not be changed or
terminated orally. No modification, termination or attempted waiver of any of the provisions of this
Agreement shall be valid unless in writing signed by the party against whom enforcement is sought.
HEADINGS. The headings contained herein are for reference only and shall not affect the meaning or
interpretation of any provision of this Agreement.
NO WAIVER. The waiver by any party of a breach of any provision of this Agreement shall not operate
or be construed as a waiver of any subsequent breach,
If any section, provision, condition or term of this Agreement, or application thereof to any circumstance,
shall be held to be invalid or unenforceable for any reason by any court of competent jurisdiction, the
remaining portions or applications hereof as can be given effect without the invalid or unenforceable
provision or application shall remain in full force and effect, and to this end the provisions of this
Agreement are declared to be severable.
IN WITNESS WHEREOF, the CITY and EMPLOYEE have approved and executed this Agreement on
this day of, 2004.
CITY
EMPLOYEE
By:
Its Mayor
James Dickinson City Administrator
And:
Its City Clerk
6
CITY OF
NDOVE
CZor9
1685 CROSSTOWN BOULEVARO N,W. . ANOOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN.US
TO: Mayor and City Council
CC: Jim Dickinson, Interim City Administra
FROM: Vicki Volk, City Clerk
SUBJECT: Extend Liquor License/Tanner's Steakhouse _ Supplemental
DATE: August 17,2004
DISCUSSION
On Friday, August 20th and Saturday, August 21st Tanner's Steakhouse will be having an
outdoor event that includes a band each night and a car show on Saturday. They will be
setting up a tent, and will have the area fenced off with a wrought iron fence with a gate.
They have hired Ava/on Security to check IDs so that no people under 21 are allowed to
enter the tent party, They will also be cooking on grills outdoors; however, they will not
be cooking in the tent. The Fire Marshal has talked to Tanner's and is satisfied with their
arrangements. She or another firefighter will be checking the setup on Friday to make
sure everything is okay.
Council needs to approve an extension of their liquor license to allow them to serve
alcohol under the tent.
Attached is a flyer for the event.
ACTION REQUESTED
Council is requested to approve an extension of the liquor license for Tanner's
Steakhouse for August 20 and 21, 2004.
Respectfully submitted,
!.L.t--. {j~
Vicki Volk
City Clerk
Attachment: Flyer
.
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I i'm'l:A;'nua77'en,/;'P;;'JJfJJ/'
i rJ~J1~5 AugUst 20th' II I: !Hi '
'IOOf, ' Classics Band 1!laBI
. :..:: :.:. tentpartv. ~ . :.. .:: :.,. ,;.:
' i!':L::i!:i !Yr$UfPJ!!l August 21::~~:!
~:.!::~ :.;; i:' 1 st A.n nual FiU? n
. ..". , ," '" .',' '",
.:: :.. .:.: :,",
::;;:;::::HSummer Car Show::!!::];::
CHiHi' 11000 am - 3-00 pm Hdi H
1:IL.~e Music &. - i:::~:~::;:~~:Mm~~~ .~~~~;}i:!:
. ,... . ~""""""""''''''' " ,....:>. . -x- So, "
f n / HDancing .th .'i ':'. ..;, ~ :!
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< :n ~8pm - Midnight .)
r ::: {: :i Must be 21 or older to enter the tenti>'ri.rfY. '.
i'Uti-nlls Coin All Da l:l~li
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~ :nHHiCOME FOR THE CAR SHOW:1U!!i
iHi$TAY FOR THE MUSIC & FOOI!)l!!!
~ :i: :~: n i: 0 r ::: i:: :::
i:.:.):':::") 13655 Martin Street · Andover. Li:..::U::.
...... :...... ,':. ..' ...............,.........
'fi?::::~:::.i.:.i' (next: t:o Tanner.s & CourtyardS of Andover,l::::::::::-::,:::
:..:)~:~~:/.i...c.a 11..:for...i.nTO..763~767.~1.Sod;.L.:,:.::)':.~... .
. ~"""'~:;:-=~~*';::)-:::~~~~~~~w~;~~:%'t..z:~;kt:;~t.~~=:.~~~~~m~~~.-.._. ...... '. ';
AUG 16 2004 12:31
PAGE. 01
OriQ ; T\oJ
~Nri6VE~ 0
DATE AUGust 17. 2004
ITEMS GIVEN TO THE CITY COUNCIL
~ Memo from Courtney Bednarz, City Planner - August 17, 2004
~ July 2004 Monthly Building Report
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK yOU.
G:\DATA\STAFF\RHONDAAIAGENDA\CC lIST.doc
OQ,~. <;r117/ot(
. .
CITy OF
NDOVE
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, Interim City Administrator
Will Neumeister, Community Development Director u/L--
Courtney Bednarz, City Plann~
Infonnation Item/Modifications to Northern Natural Gas FacilitylPrairie
Knoll Park - Planning
FROM:
SUBJECT:
DATE:
August 17,2004
INTRODUCTION
Northern Natural Gas will be adding above ground equipment within their existing
easement on the subject property.
DISCUSSION
The equipment is called a sender/receiver and consists of two above ground pipes. The
pipes enclose a piece of equipment that is sent down the natural gas line to test the
integrity of the line, Photographs of the proposed improvements are attached. The
existing fence will be moved closer to the edge of the easement to allow the new-
equipment to be located within the fence.
The existing easement document provides for the operation of the natural gas pipeline
and the addition of appurtenances to facilitate the same, As such no modification to the
easement is necessary. Staff will review the modifications through the commercial site
plan process,
ACTION REOUESTED
This item is infonnational only. No action is necessary by the Council.
Attachments
Photographs of Above Ground Equipment
Photograph of Equipment Sent Down the Pipeline
smart pigs
Page I ofl
Smart Pigs on display at the NTSB Pipeline Safety Hearing, L'Enfant Plaza
Agenda
-7'-
http://www.ntsb.goV/events/2000/pipeline_hearing/pigs.htm
7/12/2004
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PAGE. 02
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952 887 1759
CITY OF ANDOVER
2004 Montbl Buildinl: Report
~ J
TO: Mayor and City Council
FROM: Don Olson
JULY
BUILDING PERMITS Permit/Phi. Tn Total Valuation
3. Residential , 58,368.53 , 2,474.50 ,. 60,843.03 , 4,949,000.00
Single Family 3 5,253.07 194.00 5,447.07 388,000.00
Septic 3 6,887.19 256.50 7,143.69 513,000.00
Townhome 33 46,228.27 2,024.00 48,252.27 4,048,000.00
6 Additioos 1,233.03 17.82 1,250.85 35,632.00
7 Garages 1,947.89 31.85 1,979.74 63,700.00
5 Basement Finisbes 500.00 2.50 502.50
1 Commercial Building 24,789.77 1,397.64 26,187.41 3,988,193.00
- Pole BldgsIBams - - - -
. Sheds I 403.71 5,00 408.71 9,988.00
5 Swimming Pools 819.50 22.58 842.08 45,049.00
- Chimney/StovelFireplace - - - -
I Structural Changes 557.78 10.59 568.37 21,182.00
6 Porches 2,348.27 43.31 2,391.58 86,624.00
31 ""'b 2,885.65 38.58 2,924.23 77,031.00
- Gazebos - - - -
- Repair Fire Damage - - - -
" Re-Roof I 700.00 7.00 707.00 -
6 Siding I 350.00 3.00 353.00 -
5 Oth~ I 2,875.45 59.91 2,935.36 119,816.75
, 3 Commercial Plumbing 1,241.50 34.95 1,276.45 69,275.00
I Commercial Heating 1,258.54 33.50 1,292.04 67,000.00
. 3 Conuncrcial Fire Sprinkler 985.88 23.90 1,009.78 \,,47,800.00 J
~ 2 Commercial Utilities 1,504.00 38.70 1,542.70 77,400.00
- Commercial Grading - - - -
.1
13. Total Building Permits , 102,769.50 , 4,245.33 , 107,014.83 , 9,657,690.75
PERMITS PermitIPlan Tn Total Fus ColI<<tccl
13. Building Permits , 102,769.50 , 4,245.33 , 107,014.83
- Ag Building - - -
- CwbCu. - - -
I Demolition 400.00 - 400.00
- Fire Permits -, - -
2 Footing 30.00 - 30.00
- ""'''''' - - -
- Moving - - -
5. Heating 2,950.00 27.00 2,977.00
17 Gas Fireplaces 900.00 8.50 908.50
51 Plumbing 3,830.00 25.50 3,855.50
78 Pumping 1,170.00 1,170.00
2 Septic New 100.00 1.00 101.00
. Septic Repair 300.00 2,00 302.00
37 Sewer Hook-Up 925.00 925.00
37 WalcrMeter 1,850.00 - 1,850.00
I Sewer Change Over/Repair 40.00 0.50 40.50
I WaterChangeOver ~ 50.00 0.50 50.50
7. Sac Retaioage Fee I 999.00 - 999.00
37 Sewer Admin. Fee 555.00 - 555.00
42 Cntificlte of Occupancy 420.00 - 420.00
38 License Verification Fee 190.00 - 190.00
- Rcinspection Fee - - -
15 Contractor License 750.00 - 750.00
- Rental License ~ - - -
- Health Authority - -
63. TOTALS , 118,228.50 , 4,310.33 , 122,538.83
Total Number or Homes YTO 200' 13.
Total Nllmber or Homes YTO 2003 78
Total Valuatio. YTO 2004 , 42,513,614.75
Total Valuation YTOI I 2003 , 16,721,999.12
Total Buildlnc Department Revcnue YTO 2.04 , 577,314.92
Total Buildin! ~rtment Revenue YTD 2003 , 338,639.87