HomeMy WebLinkAboutCC February 4, 2003
CITY OF ANDOVER
,/ '\ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
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FAX (763) 755-8923. WWW.CI.ANDOVER,MN.US
Regular City Council Meeting - Tuesday, February 4,2003
Call to Order - 7:00 p.m.
Pledge of Allegiance
. Resident Forum
a. Dick Snyder - Access off Valley Drive/Traffic Safety - Engineering
Agenda Approval
1. Approval of Minutes (1/15/03 Special; 1/21/03 Regular)
Consent Items
2. Approve Payment of Claims - Finance
3. Declare Cost/Order Assessment RoIV00-43/Natures Run - Engineering
4. Reduce Letter ofCredit/Developer's Improvements/Natures Run - Engineering
5. Order Plans & Specs/03-3/2003 Crack Sealing/2003 CIP - Engineering
6. Order Plans & Specs/03-4/2003 Seal Coating/2003 CIP - Engineering
7. Order Plans & Specs/03-6/2003 Overlays/2003 CIP - Engineering
8. Accept Feasibility Report/02-47/Foxburgh Crossing - Engineering
0 9. Approve 2003 Recycling Agreement w/ Anoka County - Public Works
10. Approve Raffle Permit/Mercy-Unity Hospitals - Clerk
Discussion Items
il. Presentation of Storm Water Utility/99-i6 & NPDES Phase II/02-3i - Engineering
12. Consider Results of Intersection Study/Stop Signs at I 50th Lane & Bluebird Street - Engineering
i3. Consider Variance/i7303 Round Lake Blvd. - Planning
14. Consider Variance/3595 143'd Avenue NW - Planning
15. Anoka County Proposed HRA Legislation - Administration
16. Reschedule Consideration of Community Center RFP Selection Committee -Administration
Staff Item
17. Schedule Board of Review - Clerk
18. Schedule City Council Workshop -Administration
Mayor/Council Input
Executive Session:
a. Kottkes' Special Assessment Issue - Administration
Adjournment
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- CITY OF ANDOVER
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1685 CROSSTOWN BOULEVARD N,W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrator"~
David Berkowitz, City Engineer 1::>i:>B
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Dick Snyder - Access off Valley Drive NW !fraffie Safety - Engineering
DATE: February 4, 2003
INTRODUCTION
This item is in regard to questions raised at the last resident forum of the City Council by Dick
Snyder regarding construction of a new driveway near the intersection of Genie Drive NW and
County Rd. 58 (Valley Drive NW).
. \
0 DISCUSSION
In reviewing the questions raised by Mr. Snyder, the property over the past year has received the
necessary permits for the driveway from the Lower Rum River WMO because of the wetland fill
and from the Anoka County Highway Department for the driveway access to County Rd. 58
(Valley Drive NW).
Note: The property owner or future owner at some point will be constructing a new home on the
back part of the parcel.
Due to the location of the driveway, Mr. Snyder raised a question as to site distance and how the
driveway was located to its present location. The Anoka County Highway Department is aware
of the poor site distance but could not deny the property owner access to County Rd. 58. In
addition, the County has indicated to City staff that they will not consider installing an advance
warning sign warning vehicles of the driveway, as there are 100's of these types of situations
throughout the County. Consequently, as far as driveway location, the property owner in May of
2000 received approval from the City Council for a lot split so that the back parcel had frontage
on public dedicated road so that ultimately a building permit could be issued.
Note: The property owner was not able to obtain other properties from any of the adjacent areas
to construct the driveway to gain access to the back parcel.
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Mayor and Council Members
February 4, 2003
I Page 2 of2
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ACTION REQUIRED
No action is required as the property owner has obtained the necessary permits from the City for
the lot split, Lower Rum River WMQ for the wetland fill and the Anoka County Highway
Department for the driveway access to County Rd. 58.
Respectfully submitted,
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cc: Dick Snyder, 16445 Valley Drive NW, Andover
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CITY OF ANDOVER
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: John Erar, City Adrrtinistrato~
FROM: Vicki V olk, City Clerk
SUBJECT: Approval of Minutes
DATE: February 4, 2003
INTRODUCTION
The following minutes have been provided by TimeSaver Off Site Secretarial Service for
Council approval:
\ January 15, 2002 Special Council Workshop
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January 21,2003 Regular Meeting (Orttel absent)
Copies have been e-mailed to Councilmembers Orttel and Jacobson and Mayor Gamache. Hard
copies have been provided to Councilmembers Knight and Trude. If you did not receive your
copy, please call.
ACTION REOUIRED
The City Council is requested to approve the above listed minutes.
Respectfully submitted,
iLL.Ox!!b
Vicki Volk
City Clerk
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'\ CITY OF ANDOVER
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1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrato~
FROM: David D. Berkowitz, City Engineer
SUBJECT: Declare Cost/Order Assessment RolI/OO-43/Natures Run - Engineering
DATE: February 4,2003
INTRODUCTION
The City Council is requested to declare the costs and order the preparation of the assessment roll
for Project 00-43, Natures Run.
DISCUSSION
The Natures Run 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
; '\ $12,804.62 per lot. The final cost of the project is $12,430.05 per lot. After declaring the costs
,J the assessment role will be prepared and presented to the City Council for approval.
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 00-43, Natures Run.
Respectfully submitted,
CJ~.
David D. Berkowitz
cc: Avalon Homes, 843 W. Broadway Ave. Ste A, Forest Lake, MN 55025
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
" RES. NO.
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MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL
FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND
STREETS FOR PROJECT 00-43. NATURES RUN.
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 $ 526.932.14 plus $ 5.700.00 for seal coat, and the expenses
incurred or to be incurred in the making of such improvement amount to $ 144,567.1-3 and work
previously done amount to $ 0.00 so that the total cost of the improvement will be $ 677.199.27.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be
$ 5,976.65 the amount to be assessed against benefited property owners is declared to be
$ 671 ,222.62.
2. Such assessments shall be payable in semi-annual installments, together with principal and
accrued interest, extending over a period of 10 years. The first of the installments to be payable on
or before the 15th day of April 2003, and shall bear interest at the rate of--2... percent per annum
, . , from the date of the adoption of the assessment resolution.
'. / 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount
to be specially assessed for such improvement against every assessable lot, piece or parcel of land
within the district affected, without regard to cash valuation, as provided by law, and she shall file a
copy of such proposed assessment in her office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof.
MOTION seconded by Council member and adopted by the City Council
at a reQular meeting this 4th day of Februarv , 2003 , 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
Final - Andover Special Assessments
"- Project Name: Nature's Run Project No. : 00-43
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Feasibility Report Date: July 20, 2001 Amount: $ 363,992.30
Contract Award Date: April 16, 2002 Amount: $ 377 ,417 .28
Contract Sanitary Sewer $ 95,494.95
Watermain $ 94,184.75
Storm Sewer $ 64,328.45
Streets $ 105,706.47
Trail $ 4,277.68
Amount: $ 363,992.30
Expenses
Engineering: $ 88,025.41
Aerial Mapping (1 % of street) $ 1,057.06
Drainage Plan (0.3% of streeUstorm) $ 510.10
Administration (3%) $ 10,919.77
Assessing (1 %) $ 3,639.92
Bonding (0.5%) $ 1,819.96
Legal & Easement $ 425.90
/ \ Advertising $ 442.80
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'.~ City Costs (includes inspection) $ 15,468.13
MCES Treatment Cost - Dewatering $ 10,464.84
Street Signs $ 2,132.97
Testing $ 2,947.80
Construction Interest $ 7,132.46
Total Expenses $ 144,987.13
Expenses Multiplier 39.8325%
Project Cost Amount: $ 508,979.43
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1 12335
Trunk Source and StoraQe
, , Watermain: Connection Charge 54 EA $ 1,987.00 $ 107,298.00
'J Area Charge 12.44 AC $ 1,821.00 $ 22,653.24
Lateral Charge o LF $ - $ -
San. Sewer: Connection Charge 54 EA $ 331.00 $ 17,874.00
Area Charge 12.44 AC $ 1,215.00 $ 15,114.60
Lateral Charge o LF $ - $ -
Storm Sewer: Area Charge OAC $ - $ -
Total Trunk Source and StoraQe $ 162,939.84
Other Costs
Seal Coating 5,700 SY $ 1.00 $ 5,700.00
Bike Trail (City Cost) $ (5,981.59)
Total Amount to be Assessed $ 671,637.69
. , Assessment Rate per Unit
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$ 671,637.69 = $ 12,437.73 Unit
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Assessment Rate per Unit ( Feasibility Report) $ 12,804.62 Unit
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Final - Special Assessments 2 12335
Assessment Rate Calculations
) 1 Sanitary Sewer
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Construction Cost $ 95,494.95
Less City Cost $ -
Total Cost $ 95,494.95
Plus Expenses 39.8325% $ 133,532.95
Assessable Sanitary Sewer Cost
$ 133,532.95 = $ 2,472.83 per Unit
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2 Watermain
Construction Cost $ 94,184.75
Less City Cost $ -
Total Cost $ 94,184.75
Plus Expenses 39.8325% $ 131,700.86
\ Assessable Watermain Cost
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$ 131,700.86 = $ 2,438.90 per Unit
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3 Storm Sewer
Construction Cost $ 64,328.45
Less City Cost $ -
Total Cost $ 64,328.45
Plus Expenses 39.8325% $ 89,952.06
Assessable Storm Sewer Cost
$ 89,952.06 = $ 1,665.78 per Unit
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Final - Special Assessments 3 12335
4 Streets .
, Construction Cost $ 105,706.47
"'- /,,/ Less City Cost $ -
Total Cost $ 105,706.47
Plus Expenses 39.8325% $ 147,811.97
Assessable Street Cost
$ 147,811.97 = $ 2,737.26 per Unit
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5 Seal Coating
. Future Seal Coat Cost $ 5,700.00
Assessable Seal Coating Cost
$ 5,700.00 = $ 105.56 per Unit
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6 Trunk Watermain Area
Total Area Charge $ 22,653.24
Assessable Watermain Area Cost
$ 22,653.24 = $ 419.50 per Unit
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Final - Special Assessments 4 12335
7 Trunk Sewer Area
, ) Area Charge $ 15,114.60
Assessable Sewer Area Cost
$ 15,114.60 = $ 279.90 per Unit
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8 Bike Trail
Construction Cost $ 4,277.68
Plus Expenses 39.8325% $5,981.59
Note: Trail is 100% City Cost
Assessable Bike Trail Cost
$0.00 = $0.00 per Unit
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Assessment Summary
1 Sanitary Sewer $ 2,472.83
2 Watermain $ 2,438.90
3 Storm Sewer $ 1,665.78
4 Streets $ 2,737.26
5 Seal Coating $ 105.56
6 Trunk Watermain Area $ 419.50
7 Trunk Sanitary Sewer Area $ 279.90
8 Bike Trail $ -
9 Watermain Connection $ 1,987.00
10 Sewer Connection $ 331.00
Assessment Rate per Unit Nature's Run $ 12,437.73
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Final - Special Assessments 5 12335
01/28/2003 09:17 6519821326 AVALON HOMES PAGE 01
AVALON HOMES, INC.
843 WEST BROADWAY
/ FOREST LAKE, MN 55025
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651-464-9U80 '" FAX 651-982-1326
FACSIMILE TRANSMIT'U.L SHEET
TO, r-l\OM,
DA VB BERKOWITZ TRUD!
COMPANY, :DA"rE..
CITY OF ANDOVER 1/28/03
FAXN1JMllU, TOTAL NO. OF PAGES INCLUDING COV?:R'
763-755-8923 1
ile.
NA'IVRE'S RUN
o URGENT o FOR REVIEW o l:'1.EASk: COMMENT o ?LEASE REPLY o PLEASE RJ::CYCLF;
NOnS/COMMENTS,
D:l.ve,
Avalon Homes, Inc. has reviewed the assessment worksheet and agree with the construction
.. -~ and assessment costs. Therefore we ate willing to waive the right to a public he3ring.
Thank you.
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JRN 28 2003 09:20 6519821326 PRGE.01
(j)
, '\ CITY OF ANDOVER
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.Cl.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrator ~
David Berkowitz, City Engineer})~
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Reduce Letter of Credit/Developer's ImprovementlNatures Run -
Engineering
DATE: February 4, 2003
INTRODUCTION
This item is in regards to a request from Avalon Homes to reduce the developer's letter of credit
for the developer's improvements for Natures Run.
'\ DISCUSSION
,~ Attached are Pages 4 & 5 from the development contract that the City entered into with the
developer. As the developer completes their improvements, the letter of credit can be reduced.
The developer's surveyor recently submitted the certification of lot comers to the City. As
indicated previously to the City Council, there is erosion that has occurred in a few areas within
the development that will have to be taken care of in the spring.
Letter of Amount Reduce
Credit Available To Reduction
Natures Run 124 $14,145.00 $9,500.00 $4,645.00
ACTION REQUIRED
City staff is recommending the City Council reduce the Letter of Credit 124 for Natures Run.
Respectfully submitted,
~aat~
\ cc: Trudi Breuninger, Avalon Homes, 843 W. Broadway Ave. Ste A, Forest Lake, MN 55025
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The Developer shall furnish street lights in accordance with the City's
Street Lighting Ordinance No. 252. The Developer shall conform to
Ordinance No. 252 in all respects. The City shall order the street lights
and Developer shall reimburse the City for such cost.
General Requirements:
1. Street lighting shall be owned, installed, operated and maintained
by the electric utility company. City and electric utility company
shall enter into a contractual agreement on the rate and
maintenance of the street lighting system.
2. It shall be the responsibility of the Developer to:
a. Advise all lot purchasers of their responsibility for street
lighting operating charges.
b. Pay for street light charges for all lots owned by the
Developer.
J. The Developer shall dedicate and survey all storm water holding ponds
as required by the City. The Developer shall be responsible for storm
0 sewer cleaning and holding pond dredging, as required, by the City prior
to completion of the development. e
J. The Developer shall be responsible for securing all necessary approvals
and permits from all appropriate Federal, State, Regional and Local
jurisdictions prior to the commencement of site grading or construction
and prior to the City awarding construction contracts for public .utilities.
K. The Developer shall make provision that all gas, telephone and electric
utilities shall be installed to serve the development.
L. Cost of Developer's Improvements, description and completion dates are
as follows:
Description of Estimated Date to be
Improvements Cost Completed
1. Erosion Control $1,000.00 On-Going
2. Tree Protection 1,000.00 On-Going
3. Iron Monuments and 2, 700.00 0.00 August 15, 2002
, '\ Certification of Placement
"-~ e
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4. Grading, Certification, $2-BO,7eQ.OO August 15, 2002
Grubing, As-Builts c>.Oti;)
5. Installation of Street Lights 9,000.00 August 15, 2002
6. Tree Removal 1,000.00 August 15, 2002
7.
8.
!r'S-co.oo
Total Estimated Construction Cost -e ~P.SSl
For Developer's Improvements: $ ~9:::;.450.00
Estimated Legal, Engineering and r1.'.;:..Go~
Administrative Fee (15%) $ <<.317.06- E3 z.s: (lC)
Total Estimated Cost of Developer '+'IJ19."D
Improvements $ 0620.767.50 "32 s;: 00
Security Requirement (150%) ~:re:;
$ 509, : C}$"'oo .c::Jo
M. Construction of Dev~loper's Improvements:
() 1. Construction. The construction, installation, materials and
equipment shall be in accordance with the plans and
specifications approved by the City.
2. Inspection. All of the work shall be under and subject to the
inspection and approval of the City and, where appropriate, any
other governmental agency having jurisdiction.
3. Easements. The Developer shall dedicate to the City, prior to
approval of the final plat, at no cost to the City, all permanent or
temporary easements necessary for the construction and
installation of the Developer's Improvements as determined by
the City. All such easements required by the City shall be in
writing, in recordable form, containing such terms and conditions
as the City shall determine.
4. Faithful Performance of Construction Contracts and Bond. The
Developer will fully and faithfully comply with all terms and
conditions of any and all contracts entered into by the Developer
for the installation and construction of all Developer's
Improvements and hereby guarantees the workmanship and
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-, CITY OF ANDOVER
, .J
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrato~
FROM: David D. Berkowitz, City Engineer
SUBJECT: Order Plans & Specs/03-3/2003 Crack Sealing/2003 CIP - Engineering
DATE: February 4, 2003
INTRODUCTION
The City Council is requested to order the improvement and direct preparation of plans and
specifications for the 2003 Crack Sealing, Project 03-3.
DISCUSSION
The street crack seal program is an effective street maintenance technique utilized to protect and
\ prolong the life of the City's street infrastructure. The crack sealing program divides the City
, into seven separate maintenance zones. Each year the streets in one of the seven zones is
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targeted for sealing the cracks which is then followed up the following year with a seal coat.
BUDGET IMPACT
The 2003 Crack Sealing project has been identified in the City's Capital Improvement Plan. The
funding for this work will be from the Road & Bridge Fund.
ACTION REOUIRED
The City Council is requested to approve the resolution ordering the improvement and directing
preparation of plans and specifications for Project 03-3, 2003 Crack Sealing in Zone #2.
Respectfully submitted,
Wvd2CU.
David D. Berkowitz
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 03-3
FOR THE 2003 CRACK SEALING IMPROVEMENTS.
WHEREAS, the City Council is cognizant of the need for the crack sealing
improvements; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of 2003 Crack Sealinq Improvements, Project 03-3; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the ~
Enqineer to prepare the plans and specifications for such improvement project.
\
" j MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 4th day of February , 2003 , 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
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(!)
, , CITY OF ANDOVER
,-j
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CLANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administratof"
FROM: David D. Berkowitz, City Engine#,
SUBJECT: Order Plans & Specs/03-4/2003 Sealing Coating/2003 CIP - Engineering
DATE: February 4, 2003
INTRODUCTION
The City Council is requested to order the improvement and direct preparation of plans and
specifications for the 2003 Seal Coating Program, Project 03-4.
DISCUSSION
The street seal coating program is an effective and cost efficient means to prolong the life of the
City's street infrastructure. The seal coat program has been administered for, approximately
\ 'seven years and is one tool currently utilized to protect and prolong this investment.
'\.,---j
BUDGET IMPACT
The 2003 Seal Coating project has been identified in the City's Capital Improvement Plan. The
funding for this work will be from the Road & Bridge Fund and Developer Seal Coating Fund.
ACTION REOUIRED
The City Council is requested to approve the resolution ordering the improvement and directing
preparation of plans and specifications for Project 03-4, 2003 Seal Coating in Zone #1.
Respectfully submitted,
C2:LJ0~
David D. Berkowitz
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 03-4
FOR THE 2003 SEAL COATING IMPROVEMENTS.
WHEREAS, the City Council is cognizant of the need for the seal coating
improvements; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of 2003 Seal Coatinq Improvements, Project 03-4; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the ~
Enqineer to prepare the plans and specifications for such improvement project.
\
'..j MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 4th day of February , 2003 , 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
,
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(j)
; CITY OF ANDOVER
/
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CLANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrator~
FROM: David D. Berkowitz, City Engineer
SUBJECT: Order Plans & Specs/03-6/2003 Overlays/2003 CIP - Engineering
DATE: February 4, 2003
INTRODUCTION
The City Council is requested to order the improvement and direct preparation of plans and
specifications for Project 03-6, 2003 Overlays.
DISCUSSION
The 2003 Mill & Overlay project is identified in the City Capital Improvement Plan. This year's
program identifies the street improvements for the neighborhoods of Kiowa Terrace, Rum River
- - / Forest, Lunds Evergreen Estates and Birchwood Pond.
BUDGET IMPACT
The 2003 Mill & Overlay project is identified in the City's Capital Improvement Plan. The
funding for this work will be from the Road & Bridge Fund.
ACTION REOUIRED
. The City Council is requested to approve the resolution ordering the improvement and directing
preparation of plans and specifications for the improvement of Project 03-6, for 2003 Overlays.
Respectfully submitted,
Q~.Q.~
David D. Berkowitz
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO.
03-6 FOR 2003 OVERLAYS.
WHEREAS, the City Council is cognizant of the need for overlays; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of 2003 Overlavs, Project 03-6; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the City
Enqineer to prepare the plans and specifications for such improvement project.
, " MOTION seconded by Councilmember and adopted by the
'-J City Council at a reqular meeting this 4th day of February , 2003 , 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
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, )
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CITY OF ANDOVER
/ \
'-J 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CLANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrator~ .
David Berkowitz, City Engineer 1>"125
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Accept Feasibility Report/02-47/Foxburgh Crossing - Engineering
DATE: February 4, 2003
INTRODUCTION
A feasibility report has been prepared identifying the improvements and estimated improvement
costs associated with the Foxburgh Crossing development project. A copy of the feasibility
report is included in the packet.
DISCUSSION
The feasibility report provides a cost estimate for the installation of the streets and public utilities
(water, sanitary sewer and storm sewer) for this development. The layout and design of the
'I streets and public utilities for this project are fairly straight forward for this development. The
'--J development consists of constructing a 470 foot long cul-de-sac along with City services
(sanitary sewer, watermain and storm sewer) for a 13 single family residential development.
BUDGET IMP ACT
The total estimated project cost for the proposed public improvements is $264,546.68. The total
estimated amount of the assessment for the Foxburgh Crossing development will be
$228,678.270. The amount estimated to be funded by the City of Andover is $35,868.41 for the
construction of the right turn lane improvements on the north side of Andover Boulevard NW.
This amount would be funded from State Aid Funds, subject to approval by State Aid.
ACTION REOUIRED
The City Council is requested to review the feasibility report and approve the resolution
accepting the feasibility study, waiving public hearing and directing preparation of plans and
specifications for the Foxburgh Crossing development (Project 02-47) for sanitary sewer,
watermain, street and storm sewer.
Respectfully submitted,
~~~
'. cc: Bill Gleason, Grand Teton Development, 8525 Edinbrook Crossing, Suite 101, Brooklyn
'J Park, MN 55443
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
,-) RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC
HEARING FOR THE IMPROVEMENT OF PROJECT NO. 02-47 FOR
SANITARY SEWER, WATERMAIN. STREET AND STORM SEWER IN THE
FOLLOWING AREA FOXBURGH CROSSING.
WHEREAS, the City Council did on the 1ih day of December ,2002,
order the preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility stud~ was prepared by the City Enqineer
and presented to the Council on the 4 day of February , 2003 ; and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 264.546.68
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby receive the feasibility report with an estimated total cost of
improvements of $ 264.546.68 , waive the Public Hearing and order
'\ improvements.
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MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 4th day of February ,2003, 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
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GRAND TETON DEVELOPMENT _fpi:{ C':-/_:'.-' -', ..~S.
-----_.-...._-....- ---.
8525 EDINBROOK CROSSING, SUITE 101
BROOKLYN PARK, MN 55443
763-424-8525
City Engineer
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
RE: PROPOSED FOXBURGH CROSSING SUBDIVISION
Dear City Engineer:
Grand Teton Development does hereby petition for improvements by
the construction of water main, sanitary sewer, storm sewer and
" streets with concrete curb and gutter with the costs of the
I improvement to be assessed against the benefiting property which is
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described as:
FOXBURGH CROSSING
Said petition is unanimous and the public hearing may be waived.
We request that a feasibility report be prepared as soon as possible. We
have enclosed a check for $1,000.00 for the feasibility report expenses.
(The $1,000.00 will be credited toward 15% improvement escrow).
SinCCrc~'
,?tt) lli
~,~ . ~ I 1'1'v--...
Bill Gleason
President
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.Cl.ANDOVER.MN.US
TO: Mayor and Council Members
fI'/
CC: John Erar, City Administratoq
FROM: Cindy DeRuyter, Recycling Coordinator
SUBJECT: Recycling Agreement With Anoka County / Public Works
DATE: February 4, 2003
INTRODUCTION
Agreement for Residential Recycling Program
DISCUSSION
, The purpose of this agreement is to provide cooperation between the County and the
, Municipality to implement the solid waste recycling program in the Municipality.
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BUDGET IMP ACT
The County assists Andover in meeting recycling goals established by the Anoka County Board
of Commissioners by providing SCORE funds to the City Of Andover for solid waste recycling
programs.
RECOMMENDATION
The City Council is asked to review and sign the Agreement for The Residential Recycling
program.
Respectfully submitted,
C;nlt ~~
Cindy DeRuyter
Cc: Frank Stone, Public Works Superintendent
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Anoka County Contract #2002-0265
AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAU
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'-J TIllS AGREEMENT made and entered into on the 17th day of December, 2002,
notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA,
State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF ANDOVER,
hereinafter referred to as the "MUNICIPALITY".
WITNESSETH:
WHEREAS, Anoka County has received $709,373 in funding from the Solid Waste
Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. ~ 1I5A.557
(hereinafter "SCORE funds"); and
WHEREAS, the County wishes to assist the Municipality in meeting recycling goals
established by the Anoka County Board of Commissioners by providing said SCORE funds to
cities and townships in the County for solid waste recycling programs.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
in this Agreement, the parties mutually agree to the following terms and conditions:
1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the
County and the Municipality to implement solid waste recycling programs in the
" Municipality.
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2. TERM. The term of this Agreement is from January 1,2003 through December 31,
2003, unless earlier terminated as provided herein.
3. DEFINITIONS.
a. "Problem material" shall have the meaning set forth in Minn. Stat. ~ 1I5A.03,
subdivision 24a.
b. "Multi-unit households" means households within apartment complexes,
condominiums, townhomes, mobile homes and senior housing complexes.
c. "Opportunity to recycle" means providing recycling and curbside pickup or
collection centers for recyclable materials as required by Minn. Stat. ~ l15A.552.
d. "Recycling" means the process of collecting and preparing recyclable materials
and reusing the materials in their original form or using them in manufacturing
processes that do not cause the destruction of recyclable materials in a manner that
precludes further use.
e. "Recyclable materials" means materials that are separated from mixed municipal
solid waste for the purpose of recycling, including paper, glass, plastics, metals,
fluorescent lamps, major appliances and vehicle batteries.
f. Refuse derived fuel or other material that is destroyed by incineration is not a
recyclable material.
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g. "Yard waste" shall have the meaning set forth in Minn. Stat. S 115A.03,
subdivision 38.
, 4. PROGRAM. The Municipality shall develop and implement a residential solid waste
}
'- ./ recycling program adequate to meet the Municipality's annual recycling goal of 2,402
tons of recyClable materials as established by the County. The Municipality shall ensure
that the recyclable materials collected are delivered to processors or end markets for
recycling.
a. The Municipal recycling program shall include the following components:
1. Each household (including multi-unit households) in the Municipality
shall have the opportunity to recycle at least four broad types of materials,
such as paper, glass, plastic, metal and textiles.
ll. The recycling program shall be operated in compliance with all applicable
federal, state, and local laws, ordinances, rules and regulations.
Ill. The Municipality shall implement a public information program that
contains at least the following components:
(1) One promotion is to be mailed to each household focused
exclusively on the Municipality's recycling program;
(2) One promotion advertising recycling opportunities available for
residents is to be included in the Municipality's newsletter or local
newspaper; and
(3) Two community presentations are to be given on recycling.
The public information components listed above must promote the focused
recyclable material of the year as specified by the County. The County
will provide the Municipality with background material on the focused
, / recyclable material bf the year.
IV. The Municipality, on an ongoing basis, shall identify new residents and
provide detailed information on the recycling opportunities available to
these new residents.
b. If the Municipality's recycling program did not achieve the Municipality's
recycling goals as established by the County for the prior calendar year, the
Municipality shall prepare and submit to the County by March 31, 2003, a plan
acceptable to County that is designed to achieve the recycling goals set forth in
this Agreement.
5. REPORTING. The Municipality shall submit the following reports semiannually to the
County no later than July 20, 2003 and January 20, 2004:
a. An accounting of the amount of waste which has been recycled as a result of the
Municipality's activities and the efforts of other community programs, redemption
centers and drop-off centers. For recycling programs, the Municipality shall
certify the number of tons of each recyclable material which has been collected
and the number of tons of each recyclable material which has been marketed. For
recycling programs run by other persons or entities, the Municipality shall also
provide documentation on forms provided by the County showing the tons of
, materials that were recycled by the Municipality's residents through these other
; programs. The Municipality shall keep detailed records documenting the
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disposition of all recyclable materials collected pursuant to this agreement. The
Municipality shall also report the number of cubic yards or tons of yard waste
collected for composting or landspreading,. together with a description of the
, methodology used for calculations. Any other material removed from the waste
'---" stream by the Municipality, i.e. tires and used oil, shall also be reported
separately.
b. Information regarding any revenue received from sources other than the County
for the Municipality's recycling programs.
c. Copies of all promotional materials that have been prepared by the Municipality
during the term of this Agreement to promote its recycling programs.
The Municipality agrees to furnish the County with addition31 reports in form and at
frequencies requested by the County for financial evaluation, program management
purposes, and reporting to the State of Minnesota. .
6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized
invoices semiannually to the County for abatement activities no later than July 20, 2003
and January 20, 2004. Costs not billed by January 20,2004 will not be eligible for
funding. The invoices shall be paid in accordance with standard County procedures,
subject to the approval of the Anoka County Board of Commissioners.
7. ELIGffiILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for
" eligible expenses, less revenues or other reimbursement received, for eligible activities up
:'--. ) to the project maximum as computed below, which shall not exceed $55,570.60. The
project maximum for eligible expenses shall be computed as follows:
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a. A base amount of $10,000.00 for recycling activities only; and
b. $5.40 per household for recycling activities only.
8. RECORDS. The Municipality shall maintain financial and other records and accounts in
accordance with requirements of the County and the State of Minnesota. The
Municipality shall maintain strict accountability of all funds and maintain records of all
receipts and disbursements. Such records and accounts shall be maintained in a form
which will permit the tracing of funds and program income to final expenditure. The
Municipality shall maintain records sufficient to reflect that all funds received under this
Agreement were expended in accordance with Minn. Stat. ~ 115A.557, subd. 2, for
residential solid waste recycling purposes. The Municipality shall also maintain records
of the quantities of materials recycled. All records and accounts shall be retained as
provided by law, but in no event for a period of less than five years from the last receipt
of payment from the County pursuant to this Agreement.
9. AUDIT. Pursuant to Minn. Stat. ~ 16C.05, the Municipality shall allow the County or
, other persons or agencies authorized by the County, and the State of Minnesota, including
\.~- .-/ I the Legislative Auditor or the State Auditor, access to the records of the Municipality at
3
reasonable hours, including all books, records, documents, and accounting procedures
and practices of the Municipality relevant to the subject matter of the Agreement, for
, purposes of audit. In addition, the County shall have access to the project site(s), if any, ,
'. at reasonable hours.
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10. GENERAL PROVISIONS.
a. In performing the provisions of this Agreement, both parties agree to comply with
all applicable federal, state or local laws, ordinances, rules, regulations or
standards established by any agency or special governmental unit which are now
or hereafter promulgated insofar as they relate to performance of the provisions of
this Agreement. In addition, the Municipality shall comply with all applicable
requirements of the State of Minnesota for the use of SCORE funds provided to
the Municipality by the County under this Agreement.
b. No person shall illegally, on the grounds of race, creed, color, religion, sex,
marital status, public assistance status, sexual preference, handicap, age or
national origin, be excluded from full employment rights in, participation in, be
denied the benefits of, or be otherwise subjected to unlawful discrimination under
any program, service or activity hereunder. The Municipality agrees to take
afftrmative action so that applicants and employees are treated equally with
respect to the following: employment, upgrading, demotion, transfer, recruitment,
layoff, termination, selection for training, rates of pay, and other forms of'
compensation. \
~'-- /' c. The Municipality shall be responsible for the performance of all subcontracts arid
shall ensure that the subcontractors perform fully the terms of the subcontract.
The Agreement between the Municipality and a subcontractor shall obligate the
subcontractor to comply fully with the terms of this Agreement.
d. The Municipality agrees that the Municipality's employees and subcontractor's
employees who provide services under this agreement and who fall within any job
classification established and published by the Minnesota Department of Labor &
Industry shall be paid, at a minimum, the prevailing wages rates as certified by
said Department.
e. It is understood and agreed that the entire Agreement is contained herein and that
this Agreement supersedes all oral and written agreements and negotiations
between the parties relating to the subject matter hereof.
f. Any amendments, alterations, variations, rnodifications, or waivers of this
Agreement shall be valid only when they have been reduced to writing, duly
signed by the parties.
g. Contracts let and purchases made under this Agreement shall be made by the
" Municipality in conformance with all laws, rules, and regulations applicable to the
, , Municipality.
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h. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause or phrase of this Agreement is for any reason held to
, be contrary to law, such decision shall not affect the remaining portion of this
, Agreement.
1. Nothing in this Agreement shall be construed as creating the relationship of co-
partners, joint venturers, or an association between the County and Municipality,
nor shall the Municipality, its employees, agents or representatives be considered
employees, agents, or representatives of the County for any purpose.
11. PUBLICATION. The Municipality shall acknowledge the fmancial assistance of the
County on all promotional materials, reports and publications relating to the activities
funded under this Agreement, by including the following acknowledgement: "Funded by
the Anoka County Board of Commissioners and State SCORE funds (Select Committee
on Recycling and the Environment).
12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the
Municipality harmless from all claims, demands, and causes of action of any kind or
character, including the cost of defense thereof, resulting from the acts or omissions of its
public officials, officers, agents, employees, and contractors relating to activities
performed by the County under this Agreement.
The Municipality agrees to indemnify, defend, and hold the County harmless from all
claims, demands, and causes of action of any kind or character, including the cost of
, - - I defense thereof, resulting from the acts or omissions of its public officials, officers,
:;,:t agents, employees, and contractors relating to activities performed by the Municipality
.~_.. under this Agreement.
The provisions of this subdivision shall survive the termination or expiration of the term
of this Agreement.
13. TERMINATION. This Agreement may be terminated by mutual written agreement of
the parties or by either party, with or without cause, by giving not less than seven (7) days
written notice, delivered by mail or in person to the other party, specifying the date of
termination. If this Agreement is terminated, assets acquired in whole or in part with
funds provided under this Agreement shall be the property of the Municipality so long as
said assets are used by the Municipality for the purpose of a landfill abatement program
approved by the County.
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IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates
fIrst written above:
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'-_/ CITY OF ANDOVER COUNTY OF ANOKA
By:
By:
Name: Dan Erhart, Chairman
Anoka County Board of Commissioners
Title:
Date:
Date:
ATIEST:
By:
Municipality's Clerk
John "Jay" McLinden
County Administrator
Date:.
Date:
Approved as to f~rm arid legality:
/ " Approved as to form and legality:
~
Assistant County Attorney
I:\CIV ATIY\PCH\Inlegrated WastelLOW- TEC!l\RECYCUN\CONTRACT\RECYC2003_wpd
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER., MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City AdministratO(
FROM: Vicki Volk, City Clerk
SUBJECT: Approve Raffle Permit/Mercy-Unity Hospitals
DATE: February 4, 2003
INTRODUCTION
Mercy and Unity Hospitals have applied for an Exempt Permit to conduct a raffle during an event
on March 29, 2003 at the Courtyards of Andover.
.-/- '\ DISCUSSION
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As part of the permit process the city can: 1) approve the application with no waiting period; 2)
approve the application with a 30 day waiting period (this allows the Gambling Control Board to
issue a permit after 30 days); or 3) deny the application.
Attached is a copy of the application.
ACTION REOUIRED
The City Council is requested to consider approving the application with no waiting period.
Respectfully submitted,
Ud#
Vicki V olk
City Clerk
'-)
Minnesota Lawful Gambling Page 1 of2 3/01
,- '\ LG220 Application for Exempt Permit Fee - $25
',-_.J Fee Paid
Check No.
Previous lawful gambling exemption number
~ - OS lf3b- 0;).-001
StatelZip Code County
V. 1f)tJ ~9f-; ~~
Name of chief executive offICer (CEO) Daytime phone number of CEO
Fist name Last name
~ \ ~c:;:vrtl ~eJ~ III u.l~-7p- q73;L
Name of treasurer Daytime phone number of
First name Last name treasurer:
'baNi cJ.. ~DY\e.s l.t I~- 77S~q7;).D
Type of Nonprofit Organization
Check the box that best describes your organization:
o Fratemal ~ Religious
o Veteran Other nonprofit organization
Che~e box that indicates the type of proof your organization attached to this application:
IRS letter indicating income tax exempt status
Certificate of Good Standing from the Minnesota Secretary of State's Office
o A charter showing you are an affiliate of a parent nonprofit organization
, \ o Proof previously submitted and on file with the Gambling Control Board
'---.J
Gamblin Premises Information
Name of premises where gambnng activity wiD be conducted (for raffles, list the site where the drawing will take place)
U>ux C)N"k; of A-rvl-evo"
Address (do not use PO box) City StateJZip Code County
\3S-~S- t'Y\~(\. <$. AvvJ..o t/>t.- V ft\1J SS ~
Date(s) of activity (for raffles, indicate the date of the drawing)
~vk. d~J ;)<:>03
Check the box or boxes that indicate the type of gambling activity your organization wiD be conducting:
o 'Bingo JiI. RafIles (cash prizes may not exceed $12,000) 0 'Paddlewheels 0 "Pull-Tabs o *Tipboards
'Equipment for these activities must be obtained from a licensed distnbutor.
This form will be made available in Your name and and your organization's the following: Board members, slaff of the
altemative format (i.e. large print, Braille) name and address will be public information Board whose work assignment requires
upon request The information requested when received by the Board. All the other that they have access to the information;
on this form (and any attachments) will be information that you provide will be private the Minnesota Department of pubnc Safety;
used by the Gambling Control Board data about you until the Board issues your the Minnesota Attorney General; the
(Board) to determine your quanfications to permit. When the Board issues your Minnesota Commissioners of
be involved in lawful gambnng activities in permit, an of the information that you have Administration, Finance, and Revenue; the
Minnesota. You have the right to refuse to provided to the Board in the process of Minnesota Legislative Auditor, national and
supply the information requested; however, applying for your permit will become pubnc. intemational gambling regulatory agencies;
if you refuse to supply this information, the If the Board does not issue you a permit, anyone pursuant to court order; other
Board may not be able to determine your aD the information you have provided in the individuals and agencies that are
qualifications and, as a consequence, may process of applying for a permit remains specifically authorized by state or federal
refuse to issue you a permit. If you supply private, with the exception of your name law to have access to the information;
\ the information requested, the Board will and your organization's name and address individuals and agencies for which law or
'- ) be able to process your application. which will remain public. legal order authorizes a new use or sharing
Private data about you are available only to of information after this Notice was given;
and anyone with your consent.
LG220 Application for Exempt Penn it / Page 2 of 2
~t<< 5i 3'01
Organization Name file..v-r~ ~ = ~ !">rrbls i Ai1,'~,:) fS*>>-
, '\
.,-j Local Unit of Govemmen Acknowledg nt
If the gambling premises is within city limits, the If the gambling premises is located in a township, both
city must sign this application. the county and township must sign this application.
On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application.
Check the action that Check the action that
the city is taking on this application. the county is taking on this application.
D The city approves the application with no D The county approves the application with no
waiting period. waiting period.
D The city approves the application with a 30 day o The county approves the application with a 30 day
waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a
pennit after 30 days (60 days for a first class permit after 30 days.
city).
D The city denies the application. o The county denies the application.
Print name of city Print name of county
(Signature of city personnel receMng app6cation) (Signature of county personnel receMng application)
Tille
Tille Date_'_'_
\ Date_'_'_ TOWNSHIP: On behalf of the township, I acknowledge that
<-../ the organization is applying for exempted gamb6ng activity
within the township limits. [A township has no statutory
authority to approve or deny an apprlCation (Minn. Stal sec.
349.213, subd. 2).1
Print name of township
(Signature of township official acknowledging app6cation)
Tille
Date_'_'_
Chief Executive Officer's Signature
The infonnation provided in this appliCttion is complete and ac~ to the best of my knowledge.
Chief executive officer's signature :d--
Name (please print) 1? i Gha...rcl 'Pe.-thI11 ill Date / ,~,~
Mail Application and Attachments
At least 45 days prior to your scheduled activity date send:
. the completed application, If your application has not
. a copy of your proof of nonprofIt status, and been acknowledged by the
. a $25 application fee (make check payable to "State of Minnesota"). local unit of government or
Application fees are not prorated, refundable, or transferable. has been denied, do not
, \ Send to: Gambling Control Board send the application to the
'--J 1711 West County Road B, Suite 300 South Gambling Control Board.
Roseville, MN 55113
CITY OF ANDOVER @)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
, FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US
I
TO: Mayor and Council Members
CC: John Erar, City Administrat01V
FROM: David D. Berkowitz, City Engineer
SUBJECT: Presentation of Storm Water Utility/99-16 & NPDES Phase II/02-31 -
Engineering
DATE: February 4, 2003
INTRODUCTION
This item is to discuss the status of the Storm Water Utility creation.
DISCUSSION
In June of 1999, the Andover City Council authorized staff to develop information that could
lead to the creation of a Storm Water Utility for funding of management and maintenance of the
City's storm water infrastructure. The Utility would also fund the required federally mandated
National Pollutant Discharge Elimination System (NPDES Phase II) requirements. These
" requirements consist of new storm water related activities such as higher levels of maintenance,
, / education and monitoring the City's storm sewer system. It is anticipated that the Storm Water
Utility will fund a number of current activities presently funded by the general fund and also fund
the new unfunded federal mandate.
At present, funds to defray costs of maintenance and repair of the City's storm water system are
raised through property taxes. The amount of taxes paid is based on the property value and has
no direct relationship to the amount of storm water runoff from properties contributing to the
system. Schools, churches, public property and other tax-exempt property, while contributing
runoff to the storm water system, pay no taxes and thus do not pay to maintain the system to
which they contribute. Thus the Andover taxpayer is effectively subsidizing the tax-exempt
property share of the cost to maintain the storm water system. A storm water utility, with fees
based on actual runoff, is a fair way to distribute the costs of operation, maintenance and new
federal requirements for the storm water system.
Through staffs research, we found 24 cities that have a storm water utility programs in place.
Staff continues to develop information and will discuss this further with the City Council at a
Council Workshop.
ACTION REOUIRED
No action is required at this time.
, Respectfully submitted,
, .J ~~~~
@
CITY OF ANDOVER
)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.Cl.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City AdministratotfY'
FROM: David D. Berkowitz, City Engineer
SUBJECT: Consider Results of Intersection Study/Stop Signs at 150th Lane NW &
Bluebird Street NW - Engineering
DATE: February 4, 2003
INTRODUCTION
This item is in regard to the traffic results at the intersection of 150th Lane NW and Bluebird
Street NW. If you recall, Alice & Bill Lambert had requested that the intersection be a 4-way
stop situation.
; DISCUSSION
--
The traffic study was authorized by the City Council in November of 2002. Attached are the
results for a 72 hour traffic count and the average 24 hour traffic count. The Minnesota Manual
on Uniform Traffic Control Devices (Section 2B.7 Multiway Stop Applications) provides
guidance in deciding to install multi way stop signs based on an engineering study. In reviewing
criteria A-D, in staffs opinion it does not meet any of the criteria and it is also staffs opinion
that the other options that are available in determining if a 4-way stop is warranted do not meet
any of the criteria.
ACTION REOUIRED
It is recommended based on the evaluation that a multi way 4-way stop sign not be installed.
Note: It is recommended that the City Council visit the intersection prior to the meeting to get a
visual view of the intersection.
Respectfully submitted,
~G).
David D. Berkowitz
" , cc: Bill & Alice Lambert, 15031 Bluebird St. NW, Andover
-
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David Berkowit% .
City .of Andover
. City Engineer
RE: Intersection Studies
The intersection'of 150th LN NW and Blueb'ird St. NW bad I
traffic counters instiiDed 12.103/02 and t~ey were removed
app,roximately_ 72 hours later. ~C-V'~ ~'/ t.,..wI' +('",ft<li:. c.c.W1+,'.J C4$. -rclhws
. N. Bluebird 5t ..- 1025 --... .
"ifl/Z-
. . Ii zt
S. Bluebird 5t ..- 1262
E. 150 Ln ... 1452 4e"f
. W. 150 5t ..... 1364 ~s>
-
The intersection of Sta~ion Parkway N.W. and Thrush St. N.W.
./ " had traffic counters. installed 1/06/02 and they were removed
\J about 12 hours later.
.
North
Thrush St
.,""" 2~O9 a~ r~ -.-
1659 .
. West ~.~ <'"'- - ;.:,r- ~ East
~
933 1462
~ . - It,..:.~.. . ''''--11 r ....,...."""."."..,"".J:~
584
Seuth
Thrush St.
. -
Ef YOUi h<'ivS any questions T contact me alt ext. t 10.
~J Ath;tL
Dem!!s N,",cEcEeEl
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1
INTRODUCTION
'~
1I~'~'I'X~ the early years, the necessity for unification of the standards
applicable to the different classes of road and street systems
Traffic control devices shall be defined as all signs, was obvious. To meet this need, a joint committee of
signals, markings, and other devices used to regulate, AASHO and NCSHS developed and published the original
warn, or guide traffic, placed on, over, or adjacent to a edition of this Manual of Uniform Traffic Control Devices
street, highway, pedestrian facility, or bikeway by authority (MUTCD) in 1935. That committee, now called the National
of a public agency having jurisdiction. Minnesota Statute, Committee on Uniform Traffic Control Devices
Section 169.06, subd. 2 and subd. 3 (2000), empower the (NCUTCD), though changed from time to time in name,
Commissioner of Transportation and local road authorities organization, and personnel, has been in continuous
to place and maintain traffic control devices on all roadways existence and has contributed to periodic revisions of this
within their respective jurisdictions. Manual. The FHW A has administered the MUTCD since the
The Federal "Manual on Uniform Traffic Control 1971 edition. The FHW A and its predecessor organizations
Devices" (MUTCD) is incorporated by reference in 23 Code have participated in the development and publishing of the
previous editions. There were seven previous editions of the
of FHWA Regulations (CFR), Part 655, Subpart F and shall MUTCD, and several of those editions were revised one or
be recognized as the national standard for traffic control more times. Table 1-1 traces the evolution of the MUTCD,
devices on all public roads open to public travel in including the two manuals developed by AASHO and
accordance with 23 U.S.C. 109(d) and 402(a). The policies
and procedures of the Federal Highway Administration NCSHS.
(Federal) to obtain basic uniformity of traffic control devices Minnesota also recognized the need for statewide
shall be as described in 23 CFR 655, Subpart F. uniform standards and published it first recorded
, '\ The "Minnesota Manual on. Uniform Traffic Control "Minnesota Manual on Uniform Traffic Control Devices For
0 Devices" (MN MUTCD) has been developed to establish Streets and Highways" in 1939. It was adopted by the
standards for the use of traffic control devices in the State Commissioner of Highways in conformity with the "Highway
of Minnesota and directed by Minnesota Statutes, Traffic Regulation Act" of 1937, and the standards and
Chapter 169.06, subd. 1 which states in part "The regulations follow closely the recommendations embodied
in the "Manual on Uniform Traffic Control Devices for
Commissioner (of Transportation) shall adopt a manual Streets and Highways" of the American Association of State
and specifications for a uniform system of traffic-control Highway Officials (MSHO) and the National Conference
devices consistent with the provisions of this chapter on Street and Highway Safety, which was adopted as an
(Chapter 169) for use upon highways within this state." American standard by the American Standards Association
Any traffic control device design or application provision on November 7, 1935. In October, 1993, the Minnesota
contained in this Manual shall be considered to be in the Department of Transportation requested that the North
public domain. Traffic control devices contained in this Central Institute of Traffic Engineers (NCITE) form
Manual shall not be protected by a patent or copyright, Minnesota Manual on Uniform Traffic Control Devices (MN
except for the Interstate Shield. MUTCD) review committee. Its purpose was to review any
I SUPPORT: I material to be included or revised in the MN MUTCD so that
it reflects current Minnesota Statutes and/or policies as they
The need for uniform standards was recognized long ago. pertain to all streets or highways within the State. It serves
The American Association of State and Highway Officials as an advisory body to the Commissioner of
(AASHO), now known as the American Association of State Transportation.That committee changed its name to the
Highway and Transportation Officials (AASHTO), Minnesota Committee on Uniform Traffic Control Devices
published a manual for rural highways in 1927, and the (MCUTCD) since its function is similar in nature to the
National Conference on Street and Highway Safety National Committee on Uniform Traffic Control Devices
(NCSHS) published a manual for urban streets in 1930. In (NCUTCD). Table 1-2 traces the evolution of the MN
MUTCD.
\
\J
iii December, 2001
D~'~1179'n4 mzm:miI
'\ The U.S. Secretary of Transportation, under authority When used in this Manual, the text headings shall be
\. ) granted by the Highway Safety Act of 1966, decreed that defined as follows:
- traffic control devices on all streets and highways open to
1. Standard - a statement of required, mandatory, or
public travel in accordance with 23 U.S.C. 109(d) and specifically prohibitive practice regarding a traffic control
402(a) in each State shall be in substantial conformance with device. All standards are labeled with a box containing
the Standards issued or endorsed by the FHWA. white letters on a red background. The verb shall is typically
In Minnesota, the requirements for conformity can be used. Standards are sometimes modified by Options.
found in Minnesota Statute Section 169.06, subd. 3, which 2. Guidance - a statement of recommended, but not
states "All such traffic-control devices hereafter erected mandatory, practice in typical situations, with deviations
shall conform to the state manual and specifications." allowed if engineering judgment or engineering study
I SUPPORT: I indicates the deviation to be appropriate. All Guidance
statements are labeled with a box containing black letters
23 CFR, Part 655.603 adopts the MUTCD as the national on a yellow background. The verb should is typically used.
standard for any street, highway, or bicycle trail open to Guidance statements are sometimes modified by Options.
public travel in accordance with 23 U.S.c. 109(d) and
402(a). The "Uniform Vehicle Code (UVC)" is one of the 3. Option - a statement of practice that is a permissive
documents referenced in the MUTCD. The UVC contains a condition and carries no requirement or recommendation.
model set of motor vehicle codes and traffic laws for use Options may contain allowable modifications to a Standard
throughout the United States. The States are encouraged to or Guidance. All Option statements are labeled with a box
adopt Section 15-117 of the UVC, which states that "No containing green letters. The verb may is typically used.
person shall install or maintain in any area of private 4. Support - an informational statement that does not
property used by the public any sign, signal, marking, or convey any degree of mandate, recommendation, authoriza-
other device intended to regulate, warn, or guide traffic tion, prohibition, or enforceable condition. Support
unless it conforms with the State manual and specifications statements are labeled with a box containing blue letters.
adopted under Section 15-104." Section 15-104 ofthe UVC The verbs shall, should, and may are not used in Support
, adopts the MUTCD as the standard for conformance. statements.
,
" ./ The Standard, Guidance, Option, and Support material I SUPPORT: I
described in this edition of the MUTCD provide the trans-
portation professional with the information needed to make Throughout this Manual all dimensions and distances are
appropriate decisions regarding the use of traffic control provided in the International System of Units, a modernized
devices on streets and highways. The material in this edition version of the Metric system, and their English equivalent
is organized to better differentiate between Standards that units are shown in parenthesis.
must be satisfied for the particular circumstances of a I GUIDANCE: I
situation, Guidances that should be followed for the
particular circumstances of a situation, and Options that may Before laying out distances or determining sign sizes, the
be applicable for the particular circumstances of a situation. public agency should decide whether to use the International
Throughout this Manual the headings Standard, System of Units (Metric) or the English equivalent units.
The chosen units should be specified on plan drawings. Care
Guidance, Option, and Support are used to classifY the should be given to ensure that the chosen unit of
nature of the text that follows. Figures, tables, and illustra- measurement is known to those responsible for designing,
tions supplement the text and might constitute a Standard, installing, or maintaining traffic control devices.
Guidance, Option, or Support. The user needs to refer to the
appropriate text to classifY the nature of the figure, table, or
illustration.
\
,~
December, 2001 iv
I GUIDANCE: I The following criteria should be considered in the
If stop lines are to be used to supplement a STOP sign, engineering study for a multi-way STOP sign installation:
, ,
~.J they should be located at the point ere the road user A. Where traffic control signals are justified, the multi-
ould stop (see Section 3B.16). way stop is an interim measure that can be installed
ly one STOP sign is inst ed on an approach, the quickly to control traffic while arrangements are being
n should not be placed n the far side of the inter- made for the installation of the traffic control signal.
B. A crash problem, as indicated by 5 or more reported
crashes in a 12-month period that are susceptible to
at an acute angle, the STOP correction by a multi-way stop installation. Such
crashes include right- and left-turn collisions as well
as right-angle collisions.
Where there is a C. Minimum volumes:
STOP sign should 1. The vehicular volume entering the intersection
advance of the from the major street approaches (total of both
traffi c. approaches) averages at least 300 vehicles per hour
for any 8 hours of an average day, and
OPTION: 2. The combined vehicular, pedestrian, and bicycle
At wi -throat intersections I' where two or more volume entering the intersection from the minor
approac lanes of traffic exist 0 he signed approach, street approaches (total of both approaches)
obse nce of the stop control may improved by the averages at least 200 units per hour for the same 8
inst ation of an additional STOP sign on e left side of the hours, with an average delay to minor-street
ro and/or the use of a stop line. At chann zed intersec- vehicular traffic of at least 30 seconds per vehicle
during the highest hour, but _.-
f ns, the additional STOP sign may be effectiv placed on
channelizing island. 3. If the 85th-percentile approach speed of the major-
street traffic exceeds 40 mph, the minimum
I SUPPORT: I vehicular volume warrants are 70 percent of the
Figure 2A-2 shows some typical placements of STOP above values.
" signs. D. Where no single criterion is satisfied, but where
'J Criteria B, C.1, and C.2 are all satisfied to 80 percent
2B.7 Multiway Stop Applications of the minimum values. Criterion C,3 is excluded
from this condition.
I SUPPORT: I I OPTION: I
Multiway stop control can be useful as a safety measure Other criteria that may be considered in an engineering
at intersections if certain traffic conditions exist. Safety study include:
concerns associated with multiway stops include
pedestrians, bicyclists, and all road users expecting other A. The need to control left-turn conflicts;
road users to stop. Multiway stop control is used where the B. The need to control vehicle/pedestrian conflicts near
volume of traffic on the intersecting roads is approximately locations that generate high pedestrian volumes;
equal. C. Locations where a road user, after stopping, cannot
The restrictions on the use of STOP signs described in see conflicting traffic and is not able to safely
negotiate the intersection unless conflicting cross
Section 2B.5 also apply to multi way stop applications. traffic is also required to stop; and
I GUIDANCE: I D. An intersection of two residential neighborhood
collector (through) streets of similar design and
The decision to install multi way stop control should be operating characteristics where multiway stop control
based on an engineering study. would improve traffic operational characteristics of
the intersection.
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2B-3 Decembcl',2001
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CLANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administratorfv t!v--
Will Neumeister, Community Development Director It)
FROM: D. Tyler Mckay, Associate Plannerh
SUBJECT: Variance (03-01) to keep a horse on less than 2.5 acres of property located at
17303 Round Lake Blvd. NW for Joerg and Cheryl Bode.
DATE: February 4, 2003
INTRODUCTION
The Bodes are requesting a variance to the 2.5 acre requirement for keeping a horse on property
'\ within the City of Andover. According to Mrs. Bode, she is very allergic to horses, except for
,-j the American Curley breed she owns. The Bodes' have lost the ability to board this horse on a
neighboring property and boarding it with other breeds of horses would cause a severe allergic
reaction to Mrs. Bode. The property in question is 2.178 acres in size.
DISCUSSION
Applicable Ordinances
Ordinance No. 207 regulating the keeping of equines within the City of Andover.
The following chart prescribes the number of equines that can be maintained on residential zoned
parcels ofland as shown:
Acreage Number of Equines Permitted
Less than 2.5 acres o equines (none permitted)
2.5 acres but less than 3 acres 1 to 3 equines
Ordinance 8 Section 5.04 regulates Variances and Appeals. Criteria for granting of a Variance:
1. Where there are practical difficulties or unnecessary hardships in any way of carrying out
, the strict letter of the provisions of this Ordinance, an appeal may be made and a variance
~~ ) granted. The hardships or difficulties must have to do with the characteristics ofthe land
and not the property owner.
2. Ifit will be in keeping with the spirit and intent of this Ordinance and if it finds that strict
, \ enforcement of this Ordinance will cause undue hardships because of circumstances
,.J
unique to the individual property under consideration. Economic considerations shall not
constitute an undue hardship if reasonable use of the property exists under the terms of
the Ordinance.
Evaluation
There are two passages from the Equine Ordinance, which would indicate a variance could be
granted. The first is, "Variances from the literal provisions ofthis ordinance shall be processed
and granted or denied in the same manner and based on the same criteria as stated in the Zoning
Ordinance." This would indicate that this Ordinance was written with the possibilities for
variances to be granted. Also, "The purpose and intent of this ordinance is to allow equines in
residential zoned districts and to ensure proper handling, care, and treatment of equines." This
passage indicates that the primary importance of this Ordinance is the health and care of the
horse.
Proper treatment ofthis horse could be reasonably ensured if the resident is able to comply with
all of the other provisions of this Ordinance, including a detailed sketch drawing indicating that
the proper fence and corral enclosing at least eight hundred square feet of land per equine and
proper shelter requirements with a minimum roof size and living area of eighty square feet per
equine will be constructed.
\ Unfortunately, Ordinance 8 Section 5.04 regulating variances and appeals does specifically
'J
require "The hardships or difficulties must have to do with the characteristics of the land and not
the property owner". The allergy does belong to the property owner, and there is no specific
difficulty with the property besides being slightly less than that, which is required. Therefore, it
is difficult for staff to make a recommendation when the Equine Ordinance appears to allow for a
variance while the variance ordinance does not.
Ordinance History
On January 14th, the Planning and Zoning Commission directed staff to look into the history of
the Equine ordinance, to see if the original intention was to allow for variances of this nature. It
appears the original debate about whether to require a 1 acre or a 2.5 acre minimum was for the
purpose of making sure horses were not being kept in urban areas where other residents would
find this use objectionable. One quote from the original April 2nd, 1974 minutes is especially
illuminating. -
"Chairman noted that if the one acre lot is in the rural area then the variance section would apply.
However, if the one acre lot is in a large residential area we have to take into account that the
people on the other one acre lots will be disturbed by the smell, will be disturbed by the problems
that horses will create, we must take them into consideration as well as the horse."
, , Also, it is apparent that in this discussion when they refer to I acre or 2.5 acre lots, they are
, ) referring to these as general zoning districts. This is another indication that the main concern
was that horses not be kept in urban areas.
At the time, the variance section of this ordinance was different as well. It stated:
\
'-~ "The Town Board may grant a variance from the requirements of this Ordinance. A variance can
be granted only ifthe variance does not adversely affect adjacent property owners and/or the
spirit of this Ordinance."
Additional Information
Six neighboring residents have submitted letters of approval for this variance request. One of
these letters allows full access to their adjoining 10 acres for riding purposes. One resident who
lives across Round Lake Boulevard from this property did call to say they were not in favor of
this request. Adjoining neighbors, the Fernstroms, did submit a letter saying they would have
come to the City Council meeting to show their support ifthey could. Letters are attached.
The applicant has also included information from Anoka county indicating additional property
could not be purchased from the neighboring property because it would then be under the
minimum 2.5 acres required in the RI zone as well as the minimum setback requirement.
Attachments
Resolution
Location Map
Letter from Applicant
'\ Letters from Neighbors
'0 Equine Ordinance
P & Z Minutes
Township Minutes (1974)
Original Ordinance
Adjoining Property Acreage and Setbacks
Planning and Zoning Recommendation
The Planning Commission recommended to the City Council denial of the variance request
because no finding could be found for a hardship. Additional research into the history of this
ordinance was requested. The vote was 3 to 2 with one member abstaining and one absent.
ACTION REOUESTED
It is recommended that the Mayor and Councilmembers discuss the merits of the variance request
and make a recommendation based on findings, or if the Mayor and Councilmembers can not
make the findings a recommendation of denial would follow.
~itt"",
D. Ty er Mckay
" )
Cc: 17303 Round Lake Blvd. NW for Joerg and Cheryl Bode.
CITY OF ANDOVER
\ COUNTY OF ANOKA
"~ STATE OF MINNESOTA
RES. NO. R
A RESOLUTION DENYING THE VARIANCE REQUEST OF JOERG AND CHERYL BODE
TO ALLOW 1 HORSE TO BE KEPT ON THEIR PROPERTY OF LESS THAN 2.5 ACRES
FOR PROPERTY LOCATED AT 17303 ROUND LAKE BOULEVARD NW.
WHEREAS, Joerg and Cheryl Bode has requested to keep 1 horse on their property ofless than
2.5 acres for a property located at 17303 Round Lake Boulevard NW, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request does not meet the criteria of Ordinance No.8 Section 5.04, and;
WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental
effect upon the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
Variance request;
\ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
<J agrees with the recommendation of the Planning and Zoning Commission and denies the
variance, based on lack of findings.
Adopted by the City Council of the City of Andover on this _day of ,2003.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Victoria V olk, City Clerk
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'\ To Whom It May Concern:
,-J
Request for Variance
We would like to request a variance to keep a horse on our land. The current ordinance, as we
understand it, requires 2.5 acres of land to be able to have a horse. We have about 2.178 acres,
so we need a variance due to our land not being large enough to comply with this ordinance.
Need for Variance
Back in May of 2002 our neighbor bought a horse for their eleven year-old daughter. Knowing
that I was allergic to horses, (I am extremely allergic to horses having both hayfever & asthma
and have gone to the hospital emergency room with a severe asthma attack just from being
around people who had been riding horses) the neighbors did extensive research, found and
bought an American Bashkir Curly - a breed that is hypo-allergenic. I was thrilled when I was
able to be by it and touch it with no allergy problems.
When we found out that I was not allergic to these horses my husband bought a yearling gelding
Curly for my birthday - we named him Freedom's Gait, Freedom for short. We were able to do
this because our neighbors said we could keep Freedom with their horse (to keep him company)
as long as we helped with the chores and shared expenses. Our neighbors have 10 acres.
A problem has come up. Our neighbors have decided that they need an older trained horse for
their daughter. So, they have decided to sell their Curly. They cannot afford the price of a trained
older Curly, so they are going to buy another breed of horse that is trained that will not cost as
much.
'1
'-......./ This is what caused our dilemma. We have really fallen in love with Freedom and we don't want
to get rid of him - I myself am very attached to him and it would tear my heart out if we had to get
rid of him. If we continue to keep our horse at our neighbors with their new horse, I will not be
able to go see him or care for him because of my allergies. We have also checked and there is no
one in the area that boards just Curly's. The people we bought him from could board him, but
they live 2-1/2 hours away and also have other breads of horses. Our only alternatives,
therefore, is to keep Freedom on our land or move. Moving at this time is not a very good option
because my husband is in the military (Minnesota Air Guard) full-time and could be deployed at
any time. It would truly be a hardship to try to move under these circumstances. We really like
our property, our neighbors and Andover and would really like to stay.
We can dedicate a full acre of our land for Freedom and can build a lean-to, tack room, and area
to store sOl1,le hay. If allowed we plan on building this next to our existing second garage (the
bigger one) and it will look like an addition to the garage from 173rd Lane. We plan on putting
strong 6 foot fencing around his area. We would keep Freedom in the back part of the property -
furthest away from Round Lake Blvd. We also have trees and shrubs bordering our land and both
neighbors land, and also bordering most of our land and 173rd Lane. We will also have access to
our next door neighbors paths and trails (on their 10 acres) in which to ride our horse. We have
plans for composting the manure and other materials. Our well is over 100 feet from where
Freedom will be on our land.
Curly's are extremely easy to care for. They are an excellent cold weather horse (the reason why
we don't need a barn). Curly's have a thick curly winter coat and 2 extra layers of fat to keep
them warm. Curly's are also very gentle and easy going. Because of Freedom's personality we
feel that it would not be a problem for us or our neighbors to keep Freedom on our land.
, , Horses are not unusual in our area. As I said, our next door neighbors have a horse. The
'~J neighbors on the other side of them are getting a mustang stallion this summer. Our neighbors in
-(-
, back of us have a pasture and barn for horses but don't have any horses at this time. Less than
, a % mile away on the other side of Round Lake Blvd. there is a horse farm with several horses.
" ~i There are also several properties within a mile or 2 that have horses.
We are not able to purchase land from either of our neighbors who's land touches ours. Their
houses on their land would be too close to our land if they sold us the 1/3 of an acre we'd need to
have the required 2.5 acres.
Thank you for your consideration of this request.
Sincerely,
/h J..k C1e f 8 o-cL:-
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Joerg & Cheryl Bode
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CITY OF ANDOVER
.- , COUNTYOFANOKA
i
,---I STATE OF MINNESOTA
ORDINANCE NO. 207
AN ORDINANCE REGULATING THE KEEPING OF EQUINES WITHIN THE CITY
OF ANDOVER
The City Council of the City of Andover hereby ordains:
Section 1. Purvose.
The purpose and intent of this ordinance is to allow equines in residential zoned districts
and to ensure proper handling, care, and treatment of equines.
Section 2. Definitions.
Eauine any ass, burrow, donkey, foal, gelding, horse, mare,
mule, pony and stallion.
Foal an equine which has not reached the age of one (1) year.
, ,
<) Parcel is a designated lot, tract or area of land established by plat,
subdivision, or as otherwise permitted by law, to be used,
developed or built upon as a unit.
Public Hearinl! a meeting announced and advertised in advance and open
to the public, with the public given an opportunity to speak
and participate.
Public Hearinl! Notice an advertisement of a public hearing in the City's official
newspaper, and through other media sources, indicating the
time, place and nature of the public hearing.
Public Provertv land owned or operated by municipal, school district,
county, state or other governmental units.
Rear Yard is the portion of the yard on the same lot with the principal
building located between the rear line of the building and
the rear lot line and extending for the full width of the lot.
Structure anything erected, the use of which requires more or less
permanent location on the ground, or attached to something
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, '\ having a permanent location on the ground and meets
'---) Uniform Building Code requirements.
Section 3. Acreage Requirements.
The following chart prescribes the number of equines that can be maintained on
residential zoned parcels of land as shown:
Acreage Number of Equines Permitted
Less than 2.5 acres o equines (none permitted)
2.5 acres but less than 3 acres 1 to 3 equines
3 acres but less than 3.5 acres 1 to 4 equines
3.5 acres but less than 4 acres 1 to 5 equines
4 acres but less than 4.5 acres 1 to 6 equines
4.5 acres but less than 5 acres 1 to 7 equines
5 acres or more No more than 3 equines per acre
Any foal under the age of one (l) year is not considered to be a permanent part of the
equine count and does not affect the number of equines permitted as established in the
chart above.
, Section 4. Sketch Drawing Required.
',-)
Prior to maintaining and boarding an equine or equines on any parcel of land between two
and one-half (2 1/2) and five (5) acres, the property owner shall provide a sketch drawing
to the Planning and Zoning Department. ,
The required sketch drawing information shall include the following:
1. Name and address of the fee owner of the subject property where the
equine(s) are to be maintained and the name and address of occupant
of subject property.
2. Legal description of subject property.
3. Acreage of subject property and area enclosed by corral and/or fence.
4. The number of equines to be maintained on subject property.
5. Sketch drawing showing, to scale:
a) Location of all buildings on subject property;
b) Location and area of said fence or corral on subj ect property;
'- ) c) Location and distance from subject property of all adjacent
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" property's buildings; and
"- ) d) Area on subject property where manure will be stored.
Section 5. Fencinl?: and Corral ReQuirements.
On parcels ofland maintaining equines, there shall be thereon a secure fence or corral
enclosing at least eight hundred (800) square feet ofland per equine. Said fence or corral
shall be located no closer than fifty (50) feet from any residence and shall be of sufficient
height and strength to retain such equines. Fencing materials and type to be approved by
the Equestrian Council.
Section 6. Shelter ReQuirements.
On parcels of land maintaining equines, there shall be a shelter or covered structure to
protect the equines from the elements of weather. Said shelter or structure shall have a
minimum roof size and living area of eighty (80) square feet per equine to protect the
equine from direct rays of the sun when temperatures exceed ninety-five (95) degrees
Fahrenheit, be structurally sound, free of injurious matter, maintained in good repair and.
ventilated. Said structure shall be no closer than one hundred (100) feet from the
habitable portion of any dwelling and fifty (50) feet from abutting property lines. The
separation between the shelter or structure and the well shall be as established by State
Health Codes (23D, 5-07-91).
"
,~~/ Section 7. Yard Restrictions.
No equines shall be maintained, except in the rear yard, for parcels of land three (3) acres
or less, without review by the Equestrian Council and approval by the City Council.
Section 8. Manure Manal?:ement. Insect and Rodent Control.
Manure shall be handled or treated in such a manner so as not to create a public nuisance
and shall be conducted in the rear yard only. Accumulations of manure shall not be
allowed in the front and side yards.
Corrals, pens, stables or similar enclosures shall be maintained in a manner to minimize
fly breeding and rodent infestation.
Accumulations of equine manure on any public right-of-way, sidewalk or alley shall not
be permitted, and the equine owner shall be responsible to abate such nuisances.
Section 9. Care and Maintenance of EQuines.
Proper care and maintenance of each equine shall be the responsibility of the person, firm
or corporation designated as the owner, caretaker or custodian of such equine. No equine
) shall be treated cruelly or inhumanely by any person or in violation of the State law.
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Section 10. Control. Trespass and Public Rie:hts-ofWavs.
; /
1. No person, shall permit any equine to run at large within the City
when it is off the premises owned or rented by its owner and
unaccompanied by the owner, or an agent or employee of the owner.
The City Administrator or its designee of the City may impound any
equine found at large and shall provide proper sustenance for any
impounded equine. The City Administrator or its designee
shall within twenty-four (24) hours after such equine has been
impounded, post written notice at City Hall describing such equine
and stating that it has been impounded. Notification shall be given to
the Equestrian Council.
Costs incurred by the City for impounding a equine shall be paid by
the equine owner to the City prior to releasing the equine. An
impounded equine shall be released only to a person providing proof
of ownership and displaying a receipt from the City Clerk showing
payment of the reasonable costs of impounding, housing, feeding, and
veterinarian care.
In the event a equine impounded by the City is not redeemed
within fourteen (14) calendar days, the City Administrator or its designee
, - - / shall give an additional three (3) days notice of the time and place where
such equine will be sold by posting notice at City Hall. If such equine
cannot be sold on the day stated, it may be sold as soon as possible
thereafter without notice. The proceeds from such sale shall be deposited
in the City's general fund.
2. No person may ride or drive an equine after the hour of sunset and before
the hour of sunrise along or crossing any public right-of-way without
appropriate lighting or reflectorized clothing.
3. No person shall ride or drive an equine in any public park, beach, school
yard or public property except within the right-of-way of public streets
and highways and in such areas duly designated as a trail way or hitching
area.
4. No person shall ride or drive any equine upon private property without the
prior permission of the owner or owners or occupant thereof.
5. No person shall interfere with any equine being ridden, driven or kept in a
lawful manner.
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Section 11. Equestrian Council.
, '\
'0 The City Council hereby authorizes the establishment of an Equestrian Council to assist
the Planning and Zoning Department, to resolve and investigate complaints from those
aggrieved by equines, to advise equine owners against whom complaints have been
lodged, and to recommend to the City Council appropriate action.
The Equestrian Council shall consist of seven (7) members whom are residents of the
City. Members shall include when possible, a representative of a equine-oriented
association or club and a veterinarian. Members of the Equestrian Council are appointed
by City Council and three (3) members shall serve a one (1) year term and four (4)
members shall serve a two (2) year term. Each succeeding term shall be for two (2) years.
Any member is eligible for reappointment at the end of their term.
Section 12. Permit Required.
No person, fIrm or corporation will keep, stable or maintain equines within the City on
parcels ofland less than five (5) acres without obtaining an application for a permit from
the City. Each application shall include a sketch drawing as stated in Section 4. The
Equestrian Council will review such application and shall make final determination
(approval or denial) of the permit.
~ The Equestrian Council shall inspect the premises to assure compliance with the
standards and regulations of this ordinance prior to a permit being issued. The permit (if
issued) will be of indefinite duration, but is subject to revocation.
Section 13. Permit Revocation.
All requests by residents or staff seeking revocation of a permit for equines shall be made
in writing to the City Clerk. The City Clerk shall refer the request to the Planning and
Zoning Department. A staff report will be prepared and discussed at a City Council
meeting within thirty (30) days the written request was received. All property owners and
occupants within three hundred and fifty (350) feet of the property in question will be
notified by mail at least ten (10) days prior to the City Council meeting. Failure of any
property owner(s) or occupant(s) to receive such public hearing notice shall not invalidate
such proceedings.
At such public hearing, the City Council shall determine whether revocation of the permit
for equines is warranted and shall issue written Findings of Fact, Conclusions of Law and
an Order pertinent to revocation. The Findings of Fact, Conclusions of Law, and an
Order shall be filed with the City Clerk and shall be mailed to all interested parties
appearing or represented at said hearing.
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Section 14. Sunset Clause.
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The City Administrator or its duly appointed official may inspect the property nine (9)
months after the permit was granted and approved to determine that the property is in
compliance with the provisions of this ordinance.
If attempts have not been made to comply with the provisions of this ordinance one (I)
year after the permit was issued, the permit will be declared null and void.
Section 15. Severability.
If any section, sentence, clause or phrase of this ordinance is, for any reason, held to be
invalid, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council declares that it would have passed this ordinance and each
section, subsection, sentence, clause or phrase irrespective of the fact that anyone or
more sections, subsections, clauses or phrases be declared unconstitutional (23D, 5-07-
91).
Section 16. Variances.
Variances from the literal provisions of this ordinance shall be processed and granted or
denied in the same manner and based on the same criteria as stated in the Zoning
. '\ Ordinance.
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Section 17. Grandparentinl!.
Any use or structure constructed prior to May 7, 1991 for the purpose of sheltering
equines may be continued at the size and in the manner of operation (23D, 5-07-91).
Section 18. Validity and Effective Date.
This ordinance shall be effective from and after its passage and publication.
Adopted by the City Council of the City of Andover on this 18th day of March, 1997.
ATTEST: CITY OF ANDOVER
/s/ Victoria Volk /s/ J. E. McKelvey
Victoria V olk, City Clerk J. E. McKelvey, Mayor
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PLANNING AND ZONING COMMISSION MEETING - JANUARY 14,2003
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on January 14,2003,7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Daninger, Commissioners Douglas Falk, Tony
Gamache, Rex Greenwald (left at 8:00 p.m.), Jonathan
Jasper and Dean Vatne.
Commissioners absent: Commissioner Tim Kirchoff.
Also present: City Planner, Courtney Bednarz
Others
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\.~ APPROVAL OF MINUTES.
December 10, 2002
Motion by Greenwald, seconded by Falk, to approve the minutes as presented. Motion
carried on a 6-aye, O-nays, I-absent vote.
SWEARING IN OF NEW COMMISSION MEMBERS
Chairperson Daninger introduced the two new Planning Commission members and each
Commissioner read the Oath of Office.
~ VARIANCE (03-01) TO VAR Y FROM THE 2.5 ACRE MINIMUM PARCEL AREA
REQUIRED TO SHELTER HORSES ON PROPERTY LOCATED AT 17303 ROUND
LAKE BOULEVARD NW.
Mr. Bednarz explained that the Bodes are requesting a variance to the 2.5-acre
requirement for keeping a horse on property within the City of Andover. Mrs. Bode is
very allergic to horses, except for the American Curley breed she owns. They have lost
, '\ the ability to board this horse on a neighboring property and boarding it with other breeds
'-..~
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Regular Andover Planning and Zoning Commission Meeting
Minutes - January 14, 2003
Page 2
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'_../ of horses would cause a severe allergic reaction to the owner. The property in question is
2.178 acres in size.
Mr. Bednarz summarized the staff report.
Mr. and Mrs. Bode, 17303 Round Lake Boulevard introduced themselves and explained
the situation to the Commission.
Commissioner Jasper asked if the letters from the neighbors were from all the adjoining
neighbors. Mrs. Bode stated they were.
Commissioner Falk stated he was going to abstain from discussion because he knew the
petitioner.
Commissioner Gamache asked if the petitioner was able to purchase some of the
neighbors land for additional land. Mr. Bode stated there is a power line, which goes
across the property so he is unable to purchase any more land. Commissioner Gamache
asked ifit could be classified a hardship if they are not able to purchase more land
because of an easement. Mr. Bednarz stated it could be considered a hardship.
Chairperson Daninger asked if the easement from the power company could be included
\ in the acreage. Mr. Bednarz stated the land below the easement could be included in the
<~ acreage.
Commissioner Vatne asked if the agreement with the neighbors for exercising the horse
is adjacent to their property. Mrs. Bode stated it was.
Commissioner Gamache stated the nature of the neighborhood and when this was platted,
did not have the two and a half acre minimum in the R-I district. He stated he believed
they were presenting enough of a hardship to grant a variance. Commissioner Greenwald
stated he disagreed with Commissioner Gamache. He stated he would like to see some
documentation in regards to a hardship because he could not find any.
Commissioner Gamache asked ifthere is an option to change the Ordinance instead of
granting a variance. Mr. Bednarz stated the Planning Commission could recommend to
the Council that the ordinance be changed. Commissioner Jasper stated instead of
changing the Ordinance, this might be a unique situation because they would have the
adjacent ten acres of land to exercise the horse.
Commissioner Vatne stated from a hardship standpoint, there is an issue of availability of
adjacent property for sale.
Discussion ensued regarding the option of changing the Ordinance versus a variance.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - January 14, 2003
Page 3
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,---,' Mr. Bode described the location of his land. He also stated that their land is more than
adequate for a horse and allows for an exercise area for the horse. He stated he could not
buy the land from the neighbor because of restrictions.
Commissioner Greenwald stated he has a big problem with giving a variance to someone
when it does not involve a condition of the land.
Motion by Greenwald, seconded by Vatne, to recommend to the City Council denial of
Resolution No. _, because no findings could be found for a hardship to grant a
variance. Motion carried on a 3-ayes, 1 abstain (Falk), 2-nays (Jasper, Gamache), 1-
absent vote.
Mr. Bednarz stated that this item would be before the Council at the January 21, 2003
City Council meeting.
P LIC HEARING: COMPREHENSIVE PLAN AMENDMENT (02-05) TO
EXP. D THE MUSA BOUNDARY TO INCLUDE THE WOODLAND CRE
GOLF URSE LOCATED AT 3200 SOUTH COON CREEK DRIVE.
Mr. Bednarz s ed the mailing that was sent out did not include all ofth roperties
within 350 feet, b a legal notice was posted in the newspaper. He st ed there were a
\ couple of options the ommission could follow, they could postpo hearing this case
,j until everyone was noti d of the public hearing or they could r iew the proposals and
make a recommendation to e City Council. He stated in or r for the developer to
move ahead with the project t . year, the City Council w d need to approve this before
the January 3151 deadline.
Commissioner Greenwald stated this w
uncomfortable making a decision without
voice their opinion.
Chairperson Daninger asked if it wo be an option 0 extend the deadline on these
items. Mr. Bednarz stated the Cit ouncil could exte the deadline when they review
this and ifthe City Council nee to send it back for furthe . nformation and review.
Discussion continued in r ards to discussing the items and reco ending them to the
Chy Counoll fo, a Pub ., Hearing and po"lble exten,lon w>til Feb ~
The Commissio eaffirmed that the City posted the Public Hearing in the ewspaper and
felt this item s worth discussing and if needed would be brought back at a ~ure
meeting fo ore discussion. The Commission also decided to send out a new notice
includi9 the minutes of the Planning Commission for the City Council meeting orl
January 21,2003.
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f3ruw Tuwnship
( PROPOSED ORDINANCE RELATING TO THE REGULATION AND KEEPING OF
, \ HORSES, FOALS, AND PONIES WITHIN THE TOWNSHIP OF GROV'l
'.-J ( GROW TOV~fSHIP COMMUNITY CENTER - 1685 CROSSTOWN BLVD NW
( APRIL 2, 1974
( 7:40 P.M.
( JUDY BUSH
ART JAWORSKI
DEAN JOHNSON
ALLAN MILES
ROBERT RITHER
MARY VANDERLAAN
The Hearing was called to order by Chairman Jaworski and the .
jurisdictional documents were made a part of the record: one (1)
copy of the proposed Ordinance.
The following Commissioners were in attendance:
JUDY BUSH
ART JAWORSKI
DEAN JOHNSON
ALLAN MILES
ROBERT RITHER
Appearances were made by the following parties:
, TIM TRONSON
<-) JANET STEFFENSON
KENNETH HEIL
JUDY CONGER
RICHARD SCHNEIDER
LINDA GIBSON
JIM ISLE
WALTER ARNTZEN
MARY TRONSON
ROGER FUNK
MARLENE ADLER
HELEN FRANTZ
Chairman Jaworski reviewed the status of the proposed Ordinance
noting that pursuant to a directive from the Grow Township Board
of Supervisors, the Commission, on October 30, 1973, held a
meeting to discuss the proposal and at that time appointed a
Horse Ordinance Steering Committee with Commission member Miles
appointed Chairman. The Steering Committee was requested to
develop a proposed ordinance and present its findings to the
Commission on January 21, 1974 which was subsequently done.
At a Commission meeting held February 27, 1974, the Commission
reviewed the proposal. Chairman reviewed the minutes of the
February 27, 1974 Commission meeting.
Commission read proposed Ordinance, taking comments at the
" completion of each section, or where appropriate.
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f3r()w T()wn~hip P. 2 HORSE - 4/2/74
In response to a question by Tim Tronson, Chairman noted that the
total property required includes the home site. Janet Steffenson
/ stated that she felt~the two and one-half acre requirement and
the rear yard requirement were contradictory. Jaworski noted that
for the most part the two and one-half acre lot was for the
most part a residential classification, a large residential lot;
homes may be situated in different ways, it may be off to one
side and if that is the case then you may have to ask for a
variance but for the most part the homes will be located toward
the front lot line. Kenneth Heil stated the he has about eight
acres and in Hartfiel Estates, which is on the rear of the
property, and consequently his property will become the front
yard of those properties. Jaworski noted that Heil's property
existed before the Hartfiel subdivision, there will be a road
separating the two. Miles noted that the Heil property is over
five acres and by State statute the Ordinance would not apply
because it is deemed an agricultural lot. Judy Conger asked for
a definition of set-back. Rither read from Ordinance No.8,
Zoning Regulations, Section 3.02 Definitions (EEEE) Setback
The minimum horizontal distance between a building and street or
lot line. Distances are to be measured from the most outwardly
portion of the structure at ground level. Rither also reviewed
(yyyy) Yard, Rear (ZZZZ) Yard, Side, and the various required
distances of setback as listed in Section 6.02 Minimum Require-
ments. Judy Conger stated she. objected to the setback and asked
how others might have their feelings known. Chairman stated that
rather than have everyone speak, there could be a show of hands.
, It was noted that there were sixteen objectors to the setback.
--- j Richard Schneider asked the Commission how many ever had a horse,
how many have a horse now, or have ever taken care of a horse; had
any of the Commissioners ever contacted any other community to see
how their ordinances were working out? Chairman noted that the
Steering Committee was asked to formulate the Ordinance and that
they had contacted other communities, and had met with Minnetonka
and a couple of others. Schneider stated that it is an improvement
over the Ham Lake Ordinance, Ham Lake only requires a half acre;
the Committee went to an acre and whose idea was it to go to two
and a half acres? Chairman stated that the Commission felt the
one acre size was inadequate and therefore suggested the two and
one half acres; the Commission was 100 percent in favor of the
two and one half acres except for Allan Miles, who was the Chairman
of the Steering Committee. Schneider stated that Miles knows some-
thing about horses, and asked for reasons for the two and a half
acres. Chairman stated that the reasons are in the minutes as
previously reviewed; the Commission looked at the development in
the Community and noted that when you look at the acre lot and
deduct the space for the house, garage, front yard, there did not
seem to be enough remaining space for the animal, that we did not
feel what was left was adequate. Miles stated that the Committee
reviewed the Ordinances from Ham Lake, Minnetonka, East Bethel
and the State Horsemen"s Council model ordinance and we decided
that within the Township a majority of those wanting horses the
\, one acre minimum would be an ideal lot size for horses. As we
'- ./ discussed it, the Commission brought out that the Township is
getting a lot of phone calls from people on one acre lots who
want to have horses; in the north end of the township there are
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f3ruw Tuwn~hip P. 3 HORSE 4/2/74
some eighty homes on one acre lots and if everyone wanted and had
.' a horse then we would have a problem. The Committee felt this would
; be provided for by the proposed permit system; the Committe would
review the application and the Town Board could refuse the permit.
Judy Conger inquired as to what was meant by "adequate"? Chairman
noted that if the one acre lot is in the rural area then the
variance section would apply. However, if the one acre lot is in :%
it a large residential area we have to take into account that the
people on the other one acre lots will be disturbed by the smell,
will be disturbed by the problems that horses will create, we
must take them into consideration as well as the horse. Judy Conger
stated that a horse that is well cared for, well exercised, can
live very happily in a ten by ten boxed stall. Chairman noted that
the Commission had been told that and understood it but noted that
there was a question as to how many people are willing to take the
time necessary to make that situation work.on a one acre lot.
Commission noted that in some cases the animals are kept in the
front yard and it results in a situation which detracts from the
appearance and cleanliness of the neighborhood. Discussed set-
backs. Richard Schneider asked why all the variances, the people
can buy alot of hay for the twenty-five dollars variance expense;
why not have the Council decide whether they can have it that way
or not? Chairman replied that the Town Board had directed the
Commission to develop an Ordinance and subsequently the Commission
asked the Horse Steering Committee to formulate the Ordinance; the
Committee did their work and now the Commission has done its work
and has changed three minor points of the Ordinance; that is why
we are hearing this discussion tonight. Chairman noted that with
'-. ---' one exception, Miles, all other members of the Commission agreed
with the changes. Richard Schneider stated that people who don't
know nothing about horses are making the decisions, and that he
was objecting to the two and one half acres. Linda Gibson stated
that she can understand both sides of the situation; if there is
plenty of open land around the one acre then there should be no
reason they can't have the horse but if it's built up and developed
- it is possible to see both sides of the coin. Miles stated that
it boils down to the fact where you apply your variances to; how
many variances each one of these is going to require and how much
hearing time and cost is involved. If you request a variance from
the 2t and rear setback then there will be alot more variance
requests - if you change it [to 2t acres] there are going to be
more re~usals for permits, Miles said. Jim Isle asked if the
proposal held any connotations for other animals such as cows.
Commission noted that Ordinance No.8 provides for cows, pigs,
chickens, and so forth under the classification of non-domestic
animals and therefore permitted in the R-l District as an
Agricultural Use, Rural as defined in Section 3.02. Miles pointed
out the proposed definition of Pleasure/Recreational Animal.
Commission noted that any changes to Ordinance No.8, must be
administered as specified by the Amendments section of the Ordinance.
Discussed HOrsemen's Committee. Walter Arntzen asked if the members
would be only those involved.';with horses or would there be some who
\ aren't involved with horses. Miles replied that it was flhe intent
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f7rf)W T()wn~hip P. 4 HORSE 4/2/74
of the Committee to have a mix; a horsemen, a veterinarian or
~J some other person involved in the humane aspects and an interested
by=stander either pro or con; it would not be in the horse people's
interest to have a horsemen's council that was ineffective because
they were-overzealous for horse people. Richard Schneider asked
how a person who doesn't know anything about horses could make an
inspection and make a decision on whether they are misused or: not. .
Miles replied that was the reason for the mix on the committee.
Schneider stated that he didn't think it would make much difference
if the person didn't know anything about horses. Walter Arntzen .
stated that the neighbors may be misused by the people with horses
and you have to consider them also, not just the horse. Commission
agreed that the Horsemen's Committee would consist of five members.
Discussed variances. In response to questions, Miles stated that
the Clerk, Building Inspector,and other Town officials will
provide help in filling out the variance forms and that one
application will cover whatever is asked to be varied and that it
can be revoked if the conditions of issuance are not met at some
future date. Rither noted that the variance procedure is often
abused and misunderstood; based on experience, the variance;usually
comes about due to a situation in which in one way you cannot
meet the parameters of the ordinance, in other words it is a border-
line case in which you almost meet the requirements consequently
what you must do is come to the Town Board and ask them to waive
the requirements of the ordinance so Y9U can do it. In most cases
this is what the situation will be and you will know right away
if you can comply or not; the ordinance is very clear on what is
, \ required. If you are way out of line and it is obvious you can
0 not make it then it should not be pursued. Miles stated that one
of the reasons for the acre lot size was to cut down on the number
of variance requests~ versus the Council going out and looking at
each lot and notifying the people that it is or is not suitable.
Rither replied that the way out is to not have any requirements
at all but it does not solve the problem of the horse in the
residential area. Mary Tronson stated that we should go to the
one acre requirement. Commission noted that any conflicts between
Ordinance No. $ and the Proposed Ordinance would have to be
identified and resolved. Jim Isle asked if a variance would be
needed for abutting property owners to share the same fence on
the lot line. Miles said that in his opinion it would have to
have a variance in order to be legal; the reason for the ten foot
set-back is that you cannot allow your animals to reach through or
over or anything else to nibble on your neighbors kids, dogs,
gardens or whatever. Jim Isle asked if anyone would be excluded
from the ordinance. Miles noted that those with five acres or
more would probably be excluded except for cases of inhumane treat-
ment. Kenneth Heil stated that if two people agreed on a common
fence on the property line he did not see why there would be a
need for a variance. Miles pointed out that if a neighbor on
either side complained you would be in violation of the ordinance.
Walter Arntzen stated that the thing we have to bear in mind is
that this ordinance is the same as in any other ordinance, it isn't
:,) a problem with the horses it's a people problem; just like with a
car, we wouldn't have to have traffic cops if everybody obeyed the
laws but some people don't and probably everybody here treats their~
horses right and have respect for their neighbors but there are some
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f3r()w T()wnship P. 5 HORSE 4/2/74
people in the Township that don't do that and that's the reason
,/ '\ you have to come up with an ordinance like this one, and have
\._) some means of enforcement; the horses are definitely a problem to
those who don't take care of them properly, who don't make proper
fences, and don't have respect for their neighbors; it is un-
fortunate but these are the reasons you have to have the ordinances;
I can show you cases in this township where the animals are not
being treated properly and I might add that it is no one in this .
room; some are over five acres in area and some are less than five
acres. Jaworski asked if Arntzen was an expert in these matters
and as long as we are going to point fingers, you are not an
expert. Arntzen replied that he was not an expert but he felt he
could tell when something wasn't being done right. Jaworski
noted that he could be pointed at as not being expert; that the
horsemen committee would be able to determine the merits of each
case and in that way would be valuable in helping Arntzen enforce
the ordinance. Artnzen stated that in matters of inhumane treat-
ment yes, but in cases of space, fences, buildings, he could make
that determination. Roger Funk stated that he had over five acres
and asked if it would apply to him. Commission replied, no, only
with respect to humane treatment. Richard Schneider asked if the
ordinance would apply to donkeys. Miles indicated that it would.
Schneider stated that you don't see them much any:-,more but that
about twenty years ago a fellow brought up a whole truck load of
burros up from Mexico and if you want to hear a racket when they
start braying that beats anything else all to heck. Miles noted
, '\ that was the reason we intend to change ordinance $ and add the
\.J PLeasure/Recreational classification so those situations would be
covered. Judy Conger indicated that she had read an article about
the keeping of horses in Dallas, Texas, and other big cities in
California, some of the really big cities, where they have horses
in the city on an acre- lot, on some less than an acre. The ordinance
is enforced - the stuff has to be cleaned up. Our ordinance will
cover this - you have to keep it sanitary or you lose your permit.
Conger continued by giving an example of a person wholived on an
acre lot and went to the Horsemen's committee and applied for a
permit. The Committee went out and approached the neighbors -
which I think they will - and it was o.k. and the horse was
kept up along with the property. She stated that things are fine
and then a neighbor moves out and a new one moves in and then
complains but then the new one who moves in shouldn't move in next
to a horse. Johnson stated that perhaps the people didn't know
the horse was there; all they saw was a little shed; they may be
from out of state; they come out to look at the house one time
and they look at the inside of the house, walk around the outside
yard and everything looks fine and what they don't realize is that
there was. a' horse: there. .--; ,the droppings had been picked up - and
there you are - it still smells. Judy Conger asked if the proble~
wouldn't take care of itself. Johnson stated that it probably would
not because there are a lot of people who would never complain.
Linda Gibson agreed stating that is her situation at the present
time; the neighbor has horses and although it bothers her they have
, \ been reluctant to say a~ything in the interests of maintaining
V friendly neighborhood relations, but when it was turned into a
horse corral then they had to do something; we need this ordinance
regulation. Chairman stated that the ordinance would prevent these
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f7("()W T()wnship P. 6 rtORSE 4/2/74
difficult neighborhood situations, as just discussed, from arising;
there are some areas in the township which would look very desirable
'\ for horses, on acre lots, but they are just at close quarters with
0 their neighbors. In response to a question by Roger Funk, Chair-
man stated that the Town Board makes the final decision in all
matters. Discussed distinction between variance and permit; when
they apply and what is required in each case. Rither stated that
the small lot provision would probably result in many more
applications for variance than on the larger lot size; the chances
of meeting the requirements on the larger lot would be greater; there
is more room and the density is lower; there will be more area
zoned for 2t acres than for one acre; we are about $5 to 90 percent
zoned for 2t acres right now and we have some 2t acre plats
coming in this summer. Rither asked if anyone in the audience
would be adversely affected by the requirements in the ordinance.
Commission noted no response. Jaworski noted example of a one
acre lot, if there is one, located in an area of the township
which~is not developed, with nothing but open space around; there
should be no trouble in granting a variance in that instance.
Chairman explained that the Commission would make a recommendation
to the Town Board; it would be reviewed by the attorney. YJiles
stated that it will be noted that 22 or whatever the count was
would be included in the minutes and in any report sent to the
Town Board, as being opposed to .the rear set-back. Richard
Schneider asked if the acreage had been put to a count. Chairman
stated no, it had not been. Johnson stated that the audience was
very biased. Rither stated(:that putting it to a vote is an easy
'. way of determining for. or who is against an issue; that if we are
'-.J going to vote on one issue then the entire ordinance, point by
point should be voted on. Jaworski stated that any vote on the
acreage should be put up to the entire Township. J:udy Conger
asked for a vote just to see what the result would be; it is hard
for us: :to see it your way and it's hard for me to see it our way
and yet we know what you mean. Marlene Adler stated that there is
only one instance where one acre would be better; Adler described
a~horse she purchased from a lady who lived in a house on an acre
lot and kept the horse about a half mile down the road on a farm
which had about twenty acres fenced along the road; there was lots
of room for the horse; teenagers used to torment the horse by
throwing rocks at it, cut off its tail; she now has another horse;
the reason she couldn't ride that [other] horse was that she was
afraid of people;.she now has a horse which she keeps in her back
yard, a half acre; she said that horse a completely different horse;
and she's sure that if she kept it at the same place she kept~the
other one it would be the same way. Rither noted that the point
is that the horse was not subjected to the tormentfby the teenagers
at the new location. In response to a question by Janet Steffenson,
Miles noted that reflectorized clothing was the intent of the
Committee. Commission noted that both horse riders and car drivers
should exercise caution when operating on public rights-of-ways.
Helen Frantz asked if under the Ordinance it would be considered a
nuisance if the horses winnered; if he talked to another horse in
the vicinity. Miles and Jaworski agreed that if he did it all
~ ) night it probably would be a nuisance. Rither noted that the
attorney stated some time ago that the person filing a complaint
must show that the activity is a nuisance; proof must be shown.
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f7r()w Tvwnship P. 7 HORSE 4/2/74
Frantz stated that a party complained that their horse got out
, "- because her horse winnered. Jaworski noted that in reviewing the
\ require~ent that all droppings be picked up we decided that this
,~ was a modern day use of saddle bags. Jaworski stated that if
there are no further comments the hearing will close. Commission
discussed hearing comments. Miles noted the feeling of the
audience with regard to the lot size and setback saying that the
audience expressed concern but no negative comments. Johnson noted
the small crowd and felt it was very biased; he heard no new valid
reasons that would sway him that the one acre is better than the
2t acres; felt that after discussion - 2t acre is superior - we
should not go back to the one acre. Jaworski felt that the require-
ment should be over 2t acres - although seeing as how we all agree
on it he would go along with the 2t acres. Miles stated that the
Committee attempted to draft an ordinance which would take care of
the horse owners and also those who do not care for horses. Rither
expressed concurrence with Johnson statement. It was moved by
Rither, seconded by Johnson, that the Grow Township Planning and
Zoning Commission recommend to the Grow Township Board of Super-
visors the adoption of an Ordinance Relating To The Keeping of
Horses, Foals, and Ponies within the Township of Grow as promulgated
by the Horse Steering Committee and as amended by the Planning and
Zoning Commission. Discussion followed. Commission noted that
certain portions of Ordinance NO. $ would need to be amended in
order for the two ordinances to be compatible. namely; Definitions,
with the addition of Pleasusre/Recreational Animals and Section 4.21
Fences and Walls. Commission agreed that the attorney should
, \ examine the ordinance as to legality; Ordinance No. $ should be
'-J examined for other possible amendments; the Commission and the
attorney should carry out this task; Amendments to Ordinance No. $
should be acted upon at the time the Horse Ordinance is adopted.
Rither withdrew motion. Johnson withdrew second. Commission
concurred with withdrawals. It was moved by Miles, seconded by
Johnson, that the proposed amended ordinance be submitted to the
Township Attorney with a request for a written opinion as to its
legality and to determine the conflicts it represents to Ordinance
No. $. Motion carried unanimously. Jaworski stated that it is
nice to have the attorney do this but we are the Planning and
Zoning Commission. Miles noted that the Committee reviewed the
Ordinance No. $ and felt it had covered most of the sections but
it should still be reviewed for the possible one item which was
overlooked, an item which might crop up in the future and result
in a problem. It was moved by Rither, seconded by Miles, that the
Public Hearing be continued to the April 30, 1974 meeting of the
Planning and Zoning Commission. Hearing ended at 10:15 P.M.
\ .s~r'~ing and Zoning Commission
'- )
-:1<1
,
, 1-21-74
, To The Members of the P & Z Commission
.'- _/'
Attached please find a copy of the proposed Horse Ordinance
developed by the special committee appointed by the P & Z
commission.
The special committee also proposed one change to Ordinance 8
to help clarify the status of animals like horses. The suggested
change. is actually an addition to Section 3.02 Definitions
Sub-section E. Animals -
Add the Following:
{3} Pleasure/Recreationa1
Animals, such as horses, ponies, and foals kept for the
purpose of pleasure'and/or recreation, which do not
normally reside in an occupied residence.
This advanced copy is for your study and review, prior to its
presentation at our next regular meeting January 29th, 1974.
'\
" .J
ka if~ - - .
A. R. Miles
Chairman - Special P & Z Committee
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.------- .---_..' ~. .~.'
AN ORDI:~Al\CZ RELATING TO THE REGUL..t..TION' A..~D KEEPING OF HO:tSZS, FOALS, AND ?O:'iIZS H:T:-:::';
THE TOw~SrtIP OF GROW. (PROPOSED)
SECTION 1 - ACREAGE REQUIREMENTS
'- , or foals shall be maintained on any plot d less than one (1)
a. No hors es . ponies,
acre, 43,565 square feet.
b. On any plot of land of less than five (5) acres, there shall be no more t~an
one horse, foal or pony per one-half (i) acre of land contained in said plot.
c. On all plots of land maintaining horses, foals, or ponies, there shall be
thereon a secure fence or corral enclosing at least 800 square feet per aniwal.
Said fence or corral to be located no closer than fifty (50) feet fror;; any
residence or ten (10) feet from any occupied residential property line;and
shall be of sufficient height and strength to retain such animals. Extra care
shall be taken to insure that stallions are properly and safely enclosed.
d. On all plots of land maintaining horses, foals, or ponies, there shall be a
roofed or covered structure to protect the animals from the elements. Said
structure or shelter shall have a minimum roof size of 100 sc,uare feet and
shall be located no closer than 100 feet from any occupied residence.
e. At the passing of this Ordinance, any person, ",' or corporation maintaining
.L.l.rri1,
hors es , foals, or ponies within the Township of Grow, shall be exem~t fro",
Section l-a, I-b, and I-d, as long as property remains in his possession,
and an equivalent number of animals as are being maintained at the passing
of this Ordinance.
SECTION 2 - RODENT ~~D INSECT CONTROL
/
a. Manure shall be handled or treated in such a manner so as not to create a
public nuisance.
b. Corrals, pens, stables or similar enclosures shall be maintained in a manner
to minimize fly breeding.
c. No person shall leave accumulations of manure on any street, sidewalk, or
alley, nor upon any open area or lot in any residential portion of the
Township.
SECTION 3 - CARE AND MAINTENAl.'iCE OF ANL"1ALS
a. No horse, pony or foal shall be treated cruelly or inhumanely by any person
or in violation of Minnesota Statutes 346.20 - 346.26, preventing cruelty to
an ima ls .
SECTION 4 - CONTROL, TRESPASS AND PUBLIC ROADWAYS
a. No person, firm, or corporation shall permit any horse, pony or foal of which
he is the owner, caretaker or custodian to run at large within the Township
of Grow. Such animal will be deemed to run at large when it is off the premises
olmed or rented by its owner and unaccompanied by the owner, or an agent or
employee of the owner.
J
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:\~, u~,,:""~'''.~'''~~ .~....L.o..'.:.L=~\G ~i() Tii:S J.~G\j~1.::":O~ A~1J :{ZE?I:'~G O? :-iG~{S:SS, ~OAL::;;, J?.:\~ PO:\I2S \'II"i':iI~
THZ TOH~:SHIP OF GRm'l. (PROPOSED)
Decefilber 20, 1973
Page 2
,ECTIOX 4 (Cont. )
b. The Township Constable or any designated agent of the Township ~ay impound any
such animal found at large, and shall provide proper sustenance for any and
all such animals impounded. The constable or his designed agent shall then
within twenty-four hours after any such animal has been impounded, post \,r-itten
notice at the Town Hall describing such animal and stating that it has been
impounded. No such animal impounded shall be released except to a person
displaying a receipt from the Town Clerk showing payment of reasona~le costs
of im?ound ing ($5.00 and costs) and the costs of feeding at the rate of a
minifilum of $1.50 per day.
c. If any horse, pony or foal impounded is not redeemed within two (2) weeks, the
Township Constable or his designated agent shall give an additional three (3)
days notice of the time and place where such anifilals will be sold by posting
and serving notices as required for notice herein. If such animal cannot be
sold on the day stated, it may be sold as soon as possible thereafter without
notice.
d. The Township Clerk shall turn over the proceeds of any sale to the Township
Treasurer. On order of the Town Board, the Township Treasurer shall pay to
the owner of such animal the difference between the sale price as stated in
Section 4-c after deducting the cost of impounding, feeding and sales charges,
if the owner makes claims for such monies within one (1) year from the date
of sale; otherwise it shall be forfieted to the Township.
.'
,
e. ~o unauthorized person shall break into or release any such animal legally
impound ed.
f. No person may ride or drive a horse after the hour of sunset and before the
hour of sunrise along or crossing any public way without appropriate lighting
or reflectorized clothing.
g. No person shall ride or drive a horse in any public park, beach, or schoolyard
except in such areas duly designated as a trail way or hitchin3 area.
h. The Township Park and Recreational Director shall designate and prooerly post
those areas in public lands, parks, beaches and school yards where horses may
be ridden.
i. Every person riding a horse or driving any horse-drawn vehicle upon a pubiic
roadway shall be subject to those provisions of Town Ordinance applicable to
the driver of a motor vehicle, except those provisions which by their nature
have no application.
j. No person shall ride or drive any horse upon private property without the prior
permission of the owner or owners or occupant thereof.
k. ~o person shall interfere with any horse being ridden or driven or kept in a .
lawful manner.
.I
-3.1"-
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, . \k-'.I.Zu2JSZ:J}
.~..... ... '._ . ..., .JiL~_..' ..;/ GRG\~.
D.::cember 20, 1973
:Page 3
'~CTIm-j 5 - ?ERHITS
'--./
a. No person, firm or corporation will keep, stable or maintain horses, foals,
and ponies within the limits of Grow Township on plots or less than five '<)
\-'
acres without first obtaining a permit from the Township Clerk or his
designated agent to so keep, stable, or maintain such animals.
b. Application shall be made in writin~ by the owner of the lands where such ani~als
are to be kept to the Township Clerk or his desi~nated agent. Each application fo;:
a permit will contain the correct legal description of the property where such
animal or animals will be kept aGd the name of the owner of the land; <.:ld the tota~
number of horses to be kept on such lands.
c. The Horseman's Council, defined in Section 7, shall inspect the prefilises oefore
issuing a permit to insure that each person, firm or corporation has complied
with the standards and re~ulations in this ordinaGce.
d. The owner of the premises where such animals are to be kept will pay a stable fee
of $3.00 to the Township Clerk or his designated agent. This fee shall be used
to compensate the cost of issuing the permit and the cost of investigating cOw?lai~t~
e. The permit will be of indefinite duration, but subject to revocation under
Section 9-a, 9-b. or this ordinance.
SECTION 6 - NUISANCE
:) a. No person, firm or corporation shall keep any horse, foal, or pony i~ a:manne:
creating a public or private nuisance.
SECTION 7 - HORSEMAN'S COUNCIL
a. The Town Board hereby .authorizes the establishment of a Horseman's Council to
assist the Township Clerk in inspection of the premises of those seeking a horse
permit, to receive complaints, to investigate complaints, to advise horsemen
against whom complaints have been lodged, and to advise the Town Board of
appropriate action.
b. The Town Board shall appoint three (3) persons to the Horseman's Council,
including when possible, a representative of the largest local horse-oriented
a~sociation or club, a veterinarian, and any other person whom the Town Board
feels is qualified to serve. Each member will serve a one (1) , two (2) , and
three (3) year term, and is eligible for re-appointment at the end of that
time.
c. The Horseman's Council shall recommend approval or disapproval to the Town Soard
all requests for permits and variances under this ordinance.
d. The Town Board shall not be bound by any decision of the Horseman's Council, althoug
the decision may be evidence of the reasonableness or unreasonableness of Town Board
~. action.
'SECTION 8 - VARIANCE
[~ The To~m Board may grant a variance from the requirements of this Ordina~ce. ,
a. ..
variance can be granted only if t~e variance does not a~versely affect ~djucent
property owners and/or the spirit of this Ordinonce.
-3'1-
- -" ~4 .'. '.- ~ ..w '-' ~ .. -.... --. . .~ ....~.,
:-i-L':: j,'u;...;:~SiL:::: .j;.,.;' GJ.G\,j. (:.?:ZlL?OS2D)
Dee etillJet" 20 J 1973
Page l,
, " (CONT. )
~ECTION 8 - VARIANCE
'-/
b. A person, firm or corporation desiring a variance shall submit to the 70wn Clerk,
a completed standard variance form together with a fee of $25.00. Saio fee s:1all
not be refundable if the variance is refused.
c. The applicant for a variance shall be referred to the HorsemEn's Council where he
shall appear to answer questions put forth. The Rorsernanls Council shall tl1e~
submit their report to the Town Board within thirty (30) days. The Town Board
shall grant a decision within sixty (60) days thereafter.
SECTION 9 - PE~1IT REVOCATION .~~D ENFORCE~lliNT OF ~HIS ORDINANCE
a. Any permit issued pursuant to this Ordinance may be revoked by the 70wn Zoard if
the Town Board finds, after investigation and after holding a public hearing
(written notice of the hearing to be given to the permit holder and other intereste~
parties at least ten (10) days prior to the hearing), that any of the Sections or
Subsections of this Ordinance have been violated.
b. Any person, firm or corporation failing to comply with the provisions of this
Ordinance shall be guilty of a misdemeanor and may be punished with a maximum fine
of $300.00 or ninety (90) days in jail, or both.
SECTION 10 - SEVERABILITY
'\ a. If any section, subsection, sentence, clause or phrase of this Ordiance is, for
"-~ any reason, held to be invalid, such decision shall not affect the validity of
the remaining portions of this Ordinance. The Town Board declares that it would
have passed this Ordinance and each section, subsection, sentence. clause or
phrase irrespective of the fact that anyone or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
SECTION 11 - VALIDITY AND EFFECTIVE DATE
a. All other ordinances or pa~ts of ordinances of the Township of Grow in conflic:
with this Ordiance or parts thereof, are hereby amended.
b. This Ordiance shall be effective from and after its passage and publication
according to law.
~)
. - 3.s- -
.
EzGov - Anoka County - Property Taxes - Pay Your Property Tax Page 1 of2
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Review Your Property Information
This page reflects the information currently available in the agency's system.
This information is updated the first of every month. Any prior payments made
through the site will be reflected on this page within 3-4 business days.
Identification Information Location Information
Property ID: 04322433 Street: 3056173RD LN NW
0018 City: ANDOVER
School District: 15 State: MN
Watershed: LOWER RUM
RIVER WS
CityfTownship: ANDOVER
Last Sale Information Partial Property Description
Sale Date: Lot/Unit:
Sale Price: $0.00 BlocklTract:
Subdivision: UNPLATTED
Lot Size
, \ Approximate lot size in feet, clockwise beginning with the direction the lot
<J faces:
Property Information
Year Built:
1959
Current Property Classification
RES HSTD
Value(s) Tax Details
-Current Land Total Tax: $1,140.19
Value $67,000.00
-Current Building
Value $112,100.00
-Current Est Mkt
Value $179,100.00
-Tax Yr Est Mkt
Value $148,200.00
-Tax Yr Taxable
Value $130,400.00
Tax Amounts
-Current Yr Tax $1,140.19
-Qualifying Tax Amt $1,104.10
~~ -Prior Yr Qualifying Tax
Amt $1,227.79
-Solid Waste Incl $36.09
-56-
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NOighborl100d booncories end characleri"ics Th.e Subjecls nejghQ.Qrh.ol)ql>o!lnd.r:ks_ll.r~:1\I()rth.:-C;(} X<!_ll...Bll$H:lansQ.n Blyd-,-,- SO!l.!h~Bunlcer_
Lake Brv~Lllnd West.Hwy47.
Factors thai effect the mar1cetability of the properties irI Ihe neignbottJood (proximity tD employment and amenilies, e"",loymsnl slabllity. appeal to matket, ttle.)
This is aneighborh.(JocJof single f[lmi!YJ}9rn~~_~fyaIi()us.Jlge,_ ~i~& an<Llie~ign~,onsiLelLof "aJi()Jl.$_~izehlQqte4.mmroxirn[ltely_
25. miles porth_of d()\V!ltoW!).M i nneapQ.!i.L H.<?nl~.s_lIPp~r JQ.l;>e\V~Il_m:lintainecl.__Topogmpl1..L~_g~lJtIY_LOJliJlgwith.llliItun:. trees
scatlere9. tl:trough(!ut.. Neigl)borh()odcol)yie!l~e!>. are llll~jthjlln[l I~:,t,~Qnab.le-,ii~t!lnce. No detrimeI!t'!Lc:t:l.ngitio_m_noted._..___
__..... _'_"n __ ._. _________..._..... ......_________..__.__._._._._________.. _. _..______.__. _._____._.____.___...._~_.._______________
- - --- .- --.. - '__.___n_.,_.._,, __u.________.__.______.___.. ____n__.__._.'._ ._n_______._..'_____.__.___._._____.._....___.___
thv Subject neighDomood (InClIJdJng suppott '01 ftle above conclusionS" related to the trend of proper1y vakJes. demand/supply, and' mar1teting time
-- 5Ur:n 3S data on cOlTlpQtitlve proportkls for 9RIle In the nelghbortlood. Oe$crlpllon of the prevQlence of ~9 and I'inanc.Jng conce&SlonS, etc.,
Marketing ti(J1ejs currentlyuIldedmontl1s,_Supply and demand appear in balance. The salestQll.$kiI1Kpri~~ratio is typically
95%. A)1forms of financiDg,area.-.:ailable\yitb~~Jg-~ P!lyi!lg.()~~up<:Jll]j~. . No detrimental.(;Q!).Q.i!!'Q11~.l1ote!L__m.._ '_.m..._
.- .... ..~. --.-------" . --.------_. ..- .-. -----------.. -.-----------
Pro;.c.t Infom\ation for puo.. (11' eppliceb4e) - 1$ tile developerlbuilOor in conlro' of the Horne Owner:>' ASsociation (HOA)? L._J Yes LX. I No
, Appro.mole lolal number of units in the SUbjeCI pro)eC1 N/~ Appro:.omale lotal number of units for sare in t11e subJecl project !'if!1
Oe$cribe common elamenb and re~Qtional facililies / A
o;"",n.ions L6~fMt!4()LS~lQ~fu4(j"ORS c, . n Topog"'pIoy yj:TlUYrQlling_
Sn. ."'. J.DJ}OO_:+-Ic aqes...._....__._.._ _.. ______ '__ Comer Lot [J Y.. r.:Ki No S,.. 10 A<;!t,yg__________.
Specdic zoning clss.o1icolion one do'cnplion Resid~Ji[lL...._____..moo. _ _ _ _ Shape Rc:ctllllglJlllL_____..
Zoning compliance ex j Legal L:J Legal nonconforming (Grandfathered uu) [~~. j Ilktgal Drainage A.P~~nt\QN~t~.. . _n_____
~.~he~f_& ~Sl u~e ~~__i~p.r~~d LX-1_~!iAn( use _J=-~l9.~h.!'y.se~~~~~___,.__ ______.. _,_____._ View R~i~.~n.li.~J.._.___u____.__ ,__._______.__
Utiltun ~hliC Other OCf...ltIt IlJ1)tOvements Type ~bliC PriVil,e Landscaping ^y_~~~___________ . __.__um__H
Elec,nClly)(i 10() AI)1JL slreet!i!Lumin()~______ ixJ l..! OnvawoySu<faca <:J,,!yel_. ._.___.__._..__
G.. . Xi Curbfgutter None . .. [J [J App....nl.a..""'n.. Any of Ref9,rd ...___~..- .
Wal", l-~ Well Siel.walk Non~-~.__n- - - [-:1 l_J FEMA SpecJal FlOOd HazanlA",o C~Jy.. LX iNo
S"""0ry'.W8f~-! s~P1Tc ______._ SI""'"ignlS NQ.~e._'~:_=:':~_-:-:-::'=-~~ ..,. [J FEMAZ"". c...nn___ Mop Dale 07{l8/~3
Slamo sewe' . _: None ____._. _. AUey ___n__N9n~__.__.... _._____ LJ L_-,- F.E!,,~_~~-,,_N~.)7.06!l..2-00lj~.Jt . _______
Comments (apparent adverse easements. encroRcnments, SpeciAl assessments, slide aress, 111eg91 or kJgal nonconfonning zoning use, etc.): l'{Q.J!I!.p~IenJ_.
adyerse. easeme.nls Or encrl)llciJmentsnQted..Sit~uo~QI1fopns !9.ne.i,g,hl:>orhQ9L n ._________._._ ".nm....___m.
GENERAL DESCRIPTION EXTI'RIOR DESCRIPTION FOUNDATION BASEMENT ,NSULATlON
No ofUMs I FOun~alion CO'lfrcteBlk Slab J.9% AreoSq. Ft. Hllt>{QEin Roo! _ ___[I
No or S<otio. I EllIorior Wall, M~J)brdIVy;.l- C,awl Speca N<>.ne % Flnl.".,d Q.%J:in._ 00.... Coiling hS5'I1... i~J
Type (Dot/All.) Detached Roof Surface hsph SiJing! Basem.n' {()o/,,_ _._ ..______ C.iling Ql1etll!>i~L.. Walls h~sm_ Ix..!
Des,"" (SlyI8) .Rambler. GUile'" & Ownsp" None Sump Pump NJme~ Wall. Concrete Floor
E...51ingIP>oposec E;x!stjng Rtllt: Hung Dampness ]\lQn~N<:JJe(:!. F,oor ~9U~J.e.t~.._ Nons L
A98 (y",., 24 AlurnL<::Q))1Qo S."lemenl ]\lQ.n.e..N.(Jted__. Oul.ide En'/)' None___ ..h Unknown _._.... [_..1
f:Nective Age (VIS) ] 0 MBnufactured House No Inre~latlon No Noted
ROOMS Foyer Dining Klt~~e!,_. Dell ~~_~ll~_~~~_ Rec. Rm. E!!_~ft)O~:o_ .._.~ ~~~~!_ _!:au~~_~ ___ ~h.!!__ ___~_a_.~.Q.:..~t_.
Bas.men, .__ .____ ...__._...__ __. _..._. __Ar.e1!.. 1086/0Fin
1 Area 1_.__ 4._._.L_ ..______ .._____. .... .I5.~~.
----_.__,,_._.. ___.__.______ __ ......__..__ __.____.__ _n_____._ .~_ ..._ ___ _______...... ______ ..___._._....._..._
above grade col'lto;,u;' 6 Rooms; 4 Bedroom(9); 1.00 Beth(I); J 552 Square Feel at Gross living Ama
Matenats/Condition HEATlNG . K)T~~_~N ~~IJ~P. ATTr~ . !'.~~~!:!=~ . Cf'-~ ~T~~JL,G~.
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CLANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrator~
Will Neumeister, Community evelopment Director,a-rlv--.
FROM: Courtney Bednarz, City Plann~
SUBJECT: Consider Variance/3595 143'd Avenue NW - Planning
DATE: February 4, 2003
INTRODUCTION
The applicant is requesting a variance to accommodate an existing house that is adjacent to
Round Lake Boulevard (CSAH 9).
DISCUSSION
Applicable Ordinances
'.-" Ordinance 8, Section 6.02 provides building setbacks. The setback from county roadways is 50
feet in the Single Family Suburban Residential Zoning District (R-3).
The existing house has a 39 foot setback from the existing Round Lake Boulevard right-of-way.
The proposed county roadway improvement project will take ten feet from the subject property
for additional right-of-way. The existing house will be left with a 29 foot setback from this future
right-of-way line.
The existing setback is 11 feet below the 50 foot setback requirement and will be 21 feet below
the setback requirement after with the proposed project. Although this situation is not ideal, it is
due to the fact that the home was constructed in 1972 and prior to the adoption of the county road
setback requirements. Fortunately the house is angled such that only a portion of the garage
encroaches into the building setback area (see attached graphic).
Non-conforming Status of Existing House
The existing structure is legal non-conforming. This means that the structure may continue to be
used as a residential dwelling until it is damaged beyond 50% of its assessed value. At that time
the structure would be required to be reconstructed in conformance with the current setback
requirements.
It is perhaps even more important to note that the City will not issue building permits to expand
non-conforming structures. This means that the homeowner is currently limited to maintenance
./ ofthe existing structure and cannot construct an addition to the house or garage. This affects the
marketability ofthe property and may discourage reinvestment in the structure.
\ Variance Request
'-~ The applicant is requesting a variance to the setback from county roads for the life of the existing
structure. This would allow the City to issue building permits for its future expansion (away
from the county road). The variance would be conditioned to expire if the home is damaged
beyond 50% of its assessed value to ensure that a new house would be constructed in
conformance with applicable building setbacks in the event that the existing home were
destroyed. There is sufficient space to construct a similarly sized house on the property in
conformance with applicable setbacks.
Variances
. Ordinance 8 Section 5.04 requires findings to substantiate variance requests. State Statute
provides review criteria that are used to determine the merit of variance cases. In all cases the
applicant must demonstrate undue hardship. The considerations for undue hardship include:
1. There are circumstances unique to the property that were not created by the landowner.
Unique conditions may include the physical characteristics, including topography or
water conditions that may exist on the property.
2. The property, if the variance is granted, will not be out of character with other properties
in the same neighborhood.
3. The applicant has exhausted all reasonable possibilities for using hislher property or
combining a substandard lot due to size, shape or lot line dimensions, with an adjacent
~J vacant lot.
4. Economic considerations may not constitute an undue hardship if reasonable use of the
property exists with application ofthe minimum standards of this chapter.
Findings
The finding for the proposed variance is the fact that Anoka County is proposing to take land
from the subject property for Round Lake Boulevard. This taking increases the non-conformity
and reduces the front yard setback of the subject property.
Additionally, the home was constructed many years ago and contains less finished square footage
than the average home constructed today. The non-conforming status of the structure and
inability to expand the structure negatively affects the marketability of the property.
Staff Recommendation
Staff recommends that the variance be approved subject to the conditions of the attached
resolution.
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the proposed variance subject
to the conditions of the attached resolution.
~)
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" ACTION REOUESTED
<) The City Council is asked to approve the proposed variance subject to the conditions of the
attached resolution.
Attachments
Resolution
Location Map
Anoka County Highway Department Parcel Sheet
Applicant's letter
Site Photograph
Planning Commission Minutes
Cc: Joel and Tammy Gnat, 3595 143rd Avenue NW
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, CITY OF ANDOVER
"-/ COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE VARIANCE REQUEST FOR JOEL AND TAMMY
GNAT TO REDUCE THE BUILDING SETBACK FROM COUNTY ROADWAYS TO 29
FEET FOR THE LIFE OF THE EXISTING STRUCTURE LOCATED AT 3595 143RD
AVENUE NW (P.I.D. 29-32-24-42-0062) LEGALY DESCRIBED AS:
Lot 4, Block 2 Andover Boundary Commission Plat No.1, Anoka County, Minnesota
WHEREAS, Joel and Tammy Gnat have petitioned to vary from the building setback from
county roads as described in Ordinance 8, Section 6.02 for property located at 3595 143rd Avenue
NW, and;
WHEREAS, the City Council finds that the proposed variance will not have a detrimental effect
on neighboring properties due to the fact that the structure presently exists, and;
WHEREAS, the City Council finds that the special circumstances for the proposed variance are
as follows:
1. Anoka County will take land from the subject property for Round Lake Boulevard
, \ (CSAH 9). This taking reduces the building setback from Round Lake Boulevard.
,---.J
2. The home was constructed in 1972 and prior to the adoption of the 50 foot building
setback from county roadways in the Single Family Suburban (R-3) Zoning District.
3. The home contains less finished square footage than an average home constructed today.
The non-conforming status of the structure and inability to expand the structure
negatively affects the marketability of the property and discourages reinvestment in the
property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to allow a building setback of 29 feet from the Round
Lake Boulevard (CSAH 9) right-of-way for the existing house at 3595 143rd Avenue NW subject
to the following:
1. In the event the home is damaged beyond 50% of its assessed value, a new house will be
required to be constructed in conformance with all applicable building setbacks at that
time.
Adopted by the City Council of the City of Andover on this _ day of 2003.
CITY OF ANDOVER
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ATTEST: Michael R. Gamache, Mayor
Victoria Volk, City Clerk
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3595 143rd Avenue NW
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~J Project Location Map w~,
.
->_ Andover Planning
ACHD Parcel Sheet
, PIN: 29-32-24-42-0061
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PROJECT 02-609-12 PARCEL 34/34T
Round Lake Blvd. Reconstruction
Scale 1 :30 (Jl
Disclaimer: This sheel is for ~
informational purposes only. LN
See RIW Pial #64 (Jl
EXI ST. RW--1
SETBACK
U REQUI
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12/18/02 [REVISOR ) RJS/RC 03-0463 ,
1 Minnesota Statutes, section 471.59.
"-
0 2 Sec. 5. [EFFECTIVE DATE; LOCAL APPROVAL.)
3 Sections 1 to 4 are effective the day after the ooverninq
4 bodv of Anoka county and its chief clerical officer timely
5 complete their compliance with Minnesota Statutes. section
6 645.021, subdivisions 2 and 3.
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12/18/02 [REV!SOR ] RJS/RC 03-0463
1 community development authority and the ooverninq body of Anoka .
,
2 county housinq and redevelopment authority shall thereafter be
3 known as the board of trustees of the Anoka county community
4 development authority. !n addition to its other powers, the
5 Anoka county community development authority has the powers of
6 an economic development authority under Minnesota Statutes,
7 sections 469.090 to 469.1082, that are qranted to the authority
8 by resolution adopted by the Anoka county board of
9 commissioners, except as provided in subdivision 2. The
10 authority may exercise any of the powers qranted to it under
11 Minnesota Statutes, sections 469.001 to 469.047, and any of the
12 powers of'-an economic development authority oranted to it by the
13 Anoka county board of commissioners for the purposes described
14 in Laws 1978, chapter 464, as amended by this act.
15 Subd. 2. [TAX!NG AUTHOR!TY.] The Anoka county community
16 development authority may not levy the tax described in
17 Minnesota Statutes, section 469.107, but with the approval of
18 the Anoka county board may increase its levy of the special tax
,
19 described in Minnesota Statutes, section 469.033, subdivision 6, ..
20 to be levied on a countywide basis, to an amount not exceeding
21 0.01813 percent of taxable market value, or any hiqher limit
22 authorized under Minnesota Statutes, section 469.033,
23 subdivision 6, or 469.107.
24 Sec. 4. Laws 1978, chapter 464, is amended by adding a
25 section to read:
26 Sec. 2b. [JOINT ACT!ON.]
27 The Anoka county reqional railroad authority may exercise
28 any of its powers to further projects or activities of the Anoka
29 county community development authority or other state public
30 body, as defined in Minnesota Statutes, section 469.002,
31 subdivision 4, if the Anoka county reqional railroad authority
32 determines that the pro;ect or activity benefits, promotes, or
33 imoroves rail service or operations. The Anoka county reqional
34 railroad authority mav enter into ;oint powers aoreements
35 respecting the ;oint exercise of powers with the Anoka county
36 community development authority or other state public bod v under ,
,
Section 4 3
1
.
12/18/02 [REVISOR ) RJS/RC 03-0463 .
1 469.090 to 469.1082, to Anoka county, the county has all of the
, '\
V 2 powers and duties of a m~nieipo:ity city, the county board has
3 all of the powers and duties of a governing body, the chairman
4 of the county board has all of the powers and duties of a mayor,
5 and the area of operation includes the area within the
6 territorial boundaries of the county.
7 Subd. 2. [RELATION TO LOCAL BRA'S.) This section eho::
8 ~ not limit or restrict any existing housing and
9 redevelopment authority or prevent a municipality from creating
10 an authority. ~he-eo~nty-eho::-not-exe~eiee-;~~iedietion-in-ony
11 m~nieipo:ity-whe~e-o-m~nieipo:-ho~ein9-ond-~ede~e=opment
12 o~tho~ity-~e-eetob:iehed~ If a municipal housing and
13 redevelopment authority requests the Anoka county ho~eing-ond
14 ~ede~e=opment community development authority to handle the
15 housing duties of the municipal authority, the Anoka
16 county ho~eing-ond-rede~e:opment community development authority
17 shall act and have exclusive jurisdiction for housing in the
18 municipality to exercise the powers of a housinq and
, '\ 19 redevelopment authority under Minnesota Statutes, sections
0
20 469.001 to 469.047. A transfer of duties relating to
21 housing eho:: does not transfer any duties relating to
22 redevelopment.
23 Sec. 2. Laws 1978, chapter 464, section 2, is amended to
24 read:
25 Sec. 2. [LOCAL APPROVAL.] Before a housing or
26 redevelopment project of the Anoka county ho~eing-ond
27 rede~e=opment community development authority is undertaken. the
28 project eho:: ~ be approved by the local governing body with
29 jurisdiction over all or any part of t~e area in which the
30 proposed project is located.
31 Sec. 3. Laws 1978. chapter 464, is amended by adding a
32 section to read:
33 Sec. 2a. [GRANT OF POWERS.]
34 Subdivision 1- [WHEN CHANGE TAKES EFFECT.) On the next
35 July 1 after sections 1 to 4 are effective, the Anoka county
, '\ 36 housinq and redevelopment authority becomes the Anoka county
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Section 3 2
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12/18/02 [REVISOR ] RJS/RC 03-0463
"
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1 A bill for an act
2 relating to Anoka county; changing the name of its
3 housing and redevelopment authority to community
4 development authority: describing its powers and
5 duties: providing for joint action of the county's
6 regional rail authority with other public bodies:
7 amending Laws 1978, chapter 464, sections 1, 2, by
8 adding sections.
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
10 Section 1. Laws 1978, chapter 464, section 1, is amended ,
.-
11 to read:
12 Section 1. IANeKA-eeaN~~,-HeaS=N6-ANB
13 REBEVEbePMEN~ COMMUNITY DEVELOPMENT AUTHORITY.] Subdivision 1.
14 [POWERS AND DUTIES.] There is created in the county of Anoka a
15 public body corporate and politic, to be known as the Anoka
16 county ho~~ing-ano-~eoeYeiopment community development
17 authority, having all of the powers and duties of a housing and
18 redevelopment authority under the-p~oyi~ion~-of-the-m~nicipai
19 ho~~ing-ano-~eoeYeiopment-aetT Minnesota Statutes, Section
20 46%~4ii-to-46%~~~~ sections 469:001 to 469.047: all powers and
21 duties of an economic development authority under Minnesota
22 Statutes, sections 469.090 to 469.1082, which are qranted by
23 resolution of the Anoka county board under section 2a; and all
24 powers and duties of a county housinq and redevelopment
25 authority under Minnesota law. Po~-the-p~~po~e~-of-app~ying-the
26 p~oYi~ion~-of-the-m~nicipe~-ho~~ing-and-~edeYe~opment-act To
27 apply Minnesota Statutes, sections 469.001 to 469.047 and
,
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Section 1 1
g
~J CITY OF ANDOVER
1685 CROSSTO\'\'N BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVERl\fN.US
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Consider Anoka County Proposed HRA Legislation
DATE: February 4, 2003
INTRODUCTION
Anoka County is proposing legislation that would transform the Anoka County Housing and
Redevelopment Authority into a Community Development Authority with economic development
powers.
DISCUSSION
This item was discussed by Anoka County Commissioners on January 29, 2003 at the Elected
~J Officials Meeting in terms of the implications this change would have on cities in Anoka County.
According to Anoka County officials, the main purpose of this change will be to "promote" Anoka
County as a good place to do business, and attempt to attract the interest of new businesses
interested in expanding their operations into Anoka County.
BUDGET IMPACT
The attached legislation authorizes Anoka County to enact a special levy to fund the new authority's
powers. Tax impacts associated with this legislative change to the City of Andover should the
County choose to levy to the state authorized maximum percentage of .01813 percent of taxable
market value is estimated at $311,754. This would be a new special levy in Andover for the purpose
of funding County economic development activities. Currently, the County does not impose a
special levy for housing and redevelopment activities, as the City already has a municipal EDA and
HRA.
According to County officials, current legislation already allows them to levy a special tax for
Housing and Redevelopment, but they have chosen not to enact any special levies in Andover and
certain other communities at this point. Should the new legislation be passed into law allowing the
County to transform its current housing and redevelopment authority into an econotnlc
development authority, this would result in a special levy across the entire County. In terms of
whether they would levy to the maximum authorized statutory amount, this remains an open
question at this time.
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ACTION REQUIRED
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0 Determine whether the City Council supports the special legislation being proposed by Anoka
County.
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I ANOKA COUNTY COMMUNITY DEVELOPMENT AUTHORITY
, j BILL OVERVIEW
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This bill would rename the Anoka County Housing and Redevelopment Authority as the Anoka County
Community Development Authority and give the renamed authority the powers of an economic development
authority as well as those of a housing and redevelopment authority (HRA). The Anoka County HRA was
established by special law in 1978. The bill would also authorize the Anoka County Regional Railroad
Authority to use any of its powers to further projects of the Anoka County Community Development Authority
if those projects benefit, promote, or improve rail service.
HRAs and EDAs as originally created in statute were city entities, but in the last couple of decades an
increasing number of county development authorities have been created. Many county development
authorities were created by special law, but since 1987 counties have had the statutory authority to create
single- or multi-county HRAs, and since 2000 nonmetropolitan counties have had the statutory authority to
create county EDAs or to grant EDA powers to existing county HRAs after making certain findings. In 1999
the legislature enacted legislation similar to this bill authorizing the Dakota County HRA to change its name
to the Dakota County Community Development Agency, to assume the additional powers of an EDA, and
to increase its levy to the statutory limit for an EDA.
Community development authority.
o Subd. 1. Powers and duties. Renames Anoka County HRA as the Anoka County Community
Development Authority (CDA), and provides that the renamed agency will have the powers of both
an HRA and an economic development authority (EDA). The county board must pass a resolution
giving the new CDA the powers of an EDA.
Subd. 2. Relation to local HRA's. Provides that the Anoka County CDA may exercise the
housing powers of an HRA in any municipality of the county at the request of that municipality's
HRA. Deletes provision prohibiting the county from exercising jurisdiction in a municipality with
an established municipal HRA.
Local approval. Technical. Updates language in provision requiring the county authority to get
approval before undertaking projects in local jurisdictions.
Grant of powers.
Subd. 1. When changes take effect. Provides that the name change and change in powers
of the existing Anoka County authority happen on the July 1 after the effective date of the bill.
Subd.2. Taxing authority. Provides that Anoka County may not levy a tax at the request of
the CDA in the manner generally authorized for an EDA, but the Anoka County CDA may instead
increase its levy of the special tax authorized for an HRA up to the limit set in statute for an EDA.
The levy for an HRA is statutorily limited to 0.0144 percent of taxable market value, while the limit
for an EDA is 0.01813 percent of taxable market value.
Joint action. Authorizes the Anoka County Regional Railroad Authority to exercise its powers to
0 further projects or activities of the Anoka County CDA if the Anoka County Regional Railroad
Authority determines that the project or activity benefits, promotes, or improves rail service or
operations. The regional rail authority may enter into joint powers agreements with the Anoka
County CDA or other local governments or public agencies.
Effective date; local approval. Effective the day after local approval by Anoka County.
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hi 2 2 2003
I COU NTY OF
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Office of the County Board of
ANOKA GOVERNMENT CENTER
COUNTY 2100 3rd Avenue. Anoka, Minnesota 55303-2265
(763) 323-5700 ~ c.;>-
January 21, 2003 fb: C/o 'k ",
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MARGARETLANGFELD
County Board of Commissioners ,
District tI3 /IV t~ ,~ 11VvA e ~
John Erar 0'{ i-~4,
City of Andover
1685 Crosstown Blvd. NW 1/1.! 'i r.<./~'
Andover, MN 55304 '1 ~~r fit-
Dear Mr. Erar:
Last fall the Anoka County Housing and Redevelopment Authority (ACHRA) sent you for your review a copy of Anoka
County's "Shaping the Future" report. In addition, we met several times with local elected officials in the county as we
prepared the report. "Shaping the Future" summarized our initiative to work in collaboration with cities and businesses to
create new jobs, increase the tax base, and improve transportation and housing in Anoka County. We recognized that in
these hard times it is very important to work together to address our challenges and build on our assets. I am very pleased
: '\ to inform you of the overwhelming positive response from businesses and local governments.
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I am enclosing draft legislation that would transform our ACHRA into the Anoka County Community Development Authority
(ACCDA). This legislation is one of the key recommendations of the Anoka County initiative, "Shaping the Future." It is
important to note that Anoka County is one of only four counties left in Minnesota that does not exercise the power of an
economic development authority. It takes special legislative authority for metro counties to become a community
development agency.
"Shaping the Future" provided a series of recommendations to help us meet our objectives, including this proposal for
special legislation. The draft legislation would change the name of the housing authority to the Anoka County Community
Development Authority; give the Authority economic development powers needed to implement our recommendations; and
promote the county, the housing incentive fund, the Vikings stadium, and other initiatives that have a county-wide impact.
The proposed legislation does not in any way limit the current rights of municipalities to approve the projects that may be
undertaken within the boundaries of a municipality.
We have heard from many of you that our "Shaping the Future" initiative is important to Anoka County. We will discuss this
and other legislative issues at our next Local Government Offioials meeting on January 29, 2003, at the Anoka County
Government Center. In the meantime, feel free to call me if you have questions.
Sincerely,
01CtjoJ ~}~
Margare Langfeld
Chair, Intergovernmental & Community Relations Committee
,- " ML:sky
, Enclosure
\_j cc: Anoka County Legislative Delegation
FAX: 763-323-5682 Affirmative Action I Eq':l~portunity Employer TDDIlTY: 763-323-5289
12/18/02 [REVISOR ) RJS/RC 03-0463
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1 A bill for an act.
2 relating to Anoka county; changing the name of its
3 housing and redevelopment authority to community
4 development authority; describing its powers and
5 duties; providing for joint action of the county's
6 regional rail authority with other public bodies;
7 amending Laws 1978, chapter 464, sections 1. 2. by
8 adding sections.
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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\ 10 Section 1. Laws 1978, chapter 464, section 1. is amended
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11 to read:
12 Section 1. [ANeKA-eeBN~~.-HeBS=Ne-ANB
13 REBEVEbePMEN! COMMUNITY DEVELOPMENT AUTHORITY. 1 Subdivision 1.
14 [POWERS AND DUTIES.) There is created in the county of Anoka a
15 public body corporate and politic, to be known as the Anoka
16 county ho~~in9-ana-~eae~e~o~ment community development
17 authority. having all of the powers and duties of a housing and
18 redevelopment authority under ~he-p~o~~~ion~-of-~he-m~n~e~~a~
19 ho~~~n9-ana-~eae~e~o~ment-aet7 Minnesota Statutes, See~ion
20 46~~4==-to-.6~~~== sections 469:001 to 469.047, all powers and
21 duties of an economic develonment authority under Minnesota
22 Statutes, sections 469.090 to 469.1082. which are qranted by
23 resolution of the Anoka county board under section 2a; and all
24 powers and duties of a county housinq and redevelopment
25 authority under Minnesota law. ?o~-the-~~~~o~e~-of-a~p~yin9-~he
26 ~~o~~~~o~~-o=-the-m~n~e~pe~-hon~~n9-and-rede~e%opment-oct ~
, 27 apply Minnesota Statutes, sections 469.001 to 469.047 and
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Section 1 1
12/18/02 [REVISOR ] RJS/RC 03-0463
1 469.090 to 469.1082, to Anoka county, the county has all of the
'_.-1 2 powers and duties of a m~~%c%pe~%ty city, the county board has
3 all of the powers and duties of a g~verning body, the chairman
4 of the county board has all of the powers and duties of a mayor,
5 and the area of operation includes the area within the
6 territorial boundaries of the county.
7 Subd. 2. [RELATION TO LOCAL HRA'S.] This section ~he~~
8 ~ not limit or restrict any existing housing and
9 redevelopment authority or prevent a municipality from creating
10 an authority. ~he-eo~~ty-~he~~-~ot-exere%~e-;~r%~d%et%o~-%~-e~y
11 m~~%e%pe~%ty-where-e-m~~%e%pe~-ho~~%~g-e~d-rede~e~opme~t
12 e~thor%ty-~~-e~teb~%~hed~ If a municipal housing and
13 redevelopment authority requests the Anoka county ho~~%~g-e~d
14 rede~e~opme~t community development authority to handle the
15 housing duties of the municipal author'ity, the Anoka
16 county ho~~%~g-e~d-rede~e~opme~t community development authority
17 shall act and have exclusive jurisdiction for housing in the
18 municipality to exercise the powers of a housin~ and
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\.-.) 19 redevelopment authority under Minnesota Statutes, sections
20 469.001 to 469.047. A transfer of duties relating to
21 housing ~he~i ~ not transfer any duties relating to
22 redevelopment.
23 Sec. 2. Laws 1978, chapter 464, section 2, is amended to
24 read:
25 Sec. 2. [LOCAL APPROVAL.] Before a housing or
26 redevelopment project of the Anoka county he~~%ng-end
27 rede~eiopment community develooment authority is undertaken, the
28 project ~he~i must be approved by the local governing body with
29 jurisdiction over all or any part of the area in which the
30 proposed project is located.
31 Sec. 3. Laws 1978, chapter 464, is amended by adding a
32 section to read:
33 Sec. 2a. [GRANT OF POWERS.]
34 Subdivision l. [WHEN CHANGE TAKES EFFECT.) On the next
35 July 1 after sections 1 to 4 are effective, the Anoka county
, '\ 36 housin~ and redevelooment authority becomes the Anoka county
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Section 3 2
12/1B/02 [REVISOR ) RJS/RC 03-0463
1 community develooment authority and the qoverninq body of Anoka
:
-' , 2 county housinq and redevelopment authority shall thereafter be
3 known as the board of trustees of the Anoka county community
4 development authority. In addition to its other powers. the
5 Anoka county community development authority has the powers of
6 an economic develooment authority under Minnesota Statutes,
7 sections 469.090 to 469.10B2. that are qranted to the authority
B by resolution adopted by the Anoka county board of
9- commissioners, except as provided in subdivision 2. The
10 authority may exercise any of the powers qranted to it under
11 Minnesota Statutes. sections 469.001 to 469.047. and any of the
12 powers of~an economic development authority qranted to it by the
13 Anoka county board of commissioners for the purposes described
H in Laws 197B. chapter 464, as amended by this act.
15 Subd. 2. [TAXING AUTHORITY.) The Anoka county community
16 development authority may not levy the tax described in
17 Minnesota Statutes, section 469.107. but with the approval of
IB the Anoka county board may increase its levy of the special tax
\ ) 19 described in Minnesota Statutes. section 469.033, subdivision 6,
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20 to be levied on a countywide basis, to an amount not exceeding
21 0.01B13 percent of taxable market value. or any hiqher limit
22 authorized under Minnesota Statutes, section 469.033.
23 subdivision 6, or 469.107.
24 Sec. 4. Laws 197B, chapter 464. is amended by adding a
25 section to read:
26 Sec. 2b. [JOINT ACTION.)
27 The Anoka county reoional railroad authority may exercise
2B any of its powers to further oroiects or activities of the Anoka
29 county community develooment authority or other state public
30 body. as defined in Minnesota Statutes, section 469.002,
31 subdivision 4, if the Anoka county reqional railroad authority
32 determines that the oroiect or activity benefits. promotes. or
33 improves rail service or operations. The Anoka county reqional
34 railroad authority mav enter into ioint oowers aoreements
35 respectinq the ioint exercise of powers with the Anoka county
\, 36 community development authority or other state public body under
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Section 4 3
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1 Minnesota Statutes, section 471.59.
'-.J 2 Sec. S. [EFFECTIVE DATE; LOCAL APPROVAL.)
3 Sections 1 to 4 are effective the day after the qoverninq
4 body of Anoka county and its chief clerical officer timely
5 complete their compliance with Minnesota Statutes, section
6 645.021, subdivisions 2 and 3.
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0 CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. \'(IW\VCl.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Reschedule Community Center RFP Interview Committee Recommendations
DATE: February 4, 2003
INTRODUCTION
The Community Center RFP Interview Committee has been meeting to interview firms who have
submitted proposals for architectural and construction management services. Thirty-nine (39)
proposals were received by the City, with 17 firms being selected for one hour interviews.
DISCUSSION
This process has included over 17 hours of interviews and several hours worth of committee
U discussion to formulate recommendations to the City Council. In light of the fact that Council
member Jacobson will be unable to attend the February 4, 2003 meeting, it is recommended that the
Council reschedule consideration of this agenda item to Monday, February 10, 2003 at 7:00 pm.
ThfCA officials have indicated strong interest in attending this meeting as well.
The RFP Interview Committee will be preparing recommendations and information on the
following three items.
1. Recommend the most appropriate Project Delivery method in terms of how consulting services
would be provided. The Committee will be deciding whether dual agency or single source
consultant services should be used for the community center project. Five dual agency
proposals were selected for interviews that would allow one firm or two firms as a team to
provide both architectural and construction management services. A total of 12 interviews, (5
Construction Management and 7 Architectural Services firms) were interviewed as single source
providers.
2. Depending on the outcome of Project Delivery system determination, the Committee will
recommend the best dual agency f=(s) or single source firms for the project. If the Committee
is unable to recommend one project delivery method over another, the Committee will
recommend the best firm(s) from each category of proposals, one firm(s) from dual agency and
one firm for architectural and one firm for construction management services under the single
source project delivery method.
3. The Committee will provide information to the Council on what could be constructed under
each project budget scenario based on consultant proposals. The Committee will also provide
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information to the Council on the most realistic project budget scenario based on consultant
proposals/presentations and associated committee findings.
~) ACTION REQUIRED
Council is requested to reschedule consideration of this agenda item for Monday, February 10, 2003
at 7:00 pm.
Respectfully~ed,
Jif:;w
C Administrator
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CLANDOVERMN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrato~
FROM: Vicki V olk, City Clerk
SUBJECT: Schedule Board of Review
DATE: February 4, 2003
INTRODUCTION
Anoka County has requested the city schedule the Board of Review.
DISCUSSION
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"J The Board of Review must be held between April 1st and 30th. Suggested dates are:
Wednesday, April 2, 2003
Monday, April 7, 2003
Wednesday, April 9, 2003
Thursday, April 10, 2003
Monday, April 14, 2003
If the Board of Review needs to be continued, it is suggested that it be done at the April 15, 2003
regular Council meeting.
ACTION REQUIRED
The City Council is requested to schedule the Board of Review.
Respectfully submitted,
fL;ev' f/;/b
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.cJ.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Schedule Council Workshop - Miscellaneous Items
DATE: February 4, 2003
INTRODUCTION
At the recently held Council workshop of January 15, 2003, the Council requested that two of the
discussion items be continued for further review in February 2003.
DISCUSSION
The proposed agenda for this meeting would include:
, 1. Private vs. Public Development - Additional Research
'-.J 2. Creation of Storm Water Utility - User Fees for 2003
3. Capital Campaign for Community Center - Verbal Update
4. Other Business
Other items may be added by Council request.
ACTION REQUIRED
Consider scheduling a Council Workshop the week of February 23, 2003.
Respectfully submitted,
1 n F. Erar
ity Administrator
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TO: IMayor and City Council ), /J7...... I
FROM: I David Almgren I VV", I
RE: !2003 Monthly Buildin, Report i ,
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BUILDING PERMITS I I I
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. I , i Permit/Plan 'Tax ITotal Valuation
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6 Residential 2 S.F. 2 Septic -! . 2 I Townh:T $ 15,104.94 $ 585.00 $ 15,689.94 $ 1,170,000.00
1 Additions i 1$ 590_12 $ 11.30 $ 601.42 $ 22,600.00
o Garages ! I 1$ - $ - $ - $ -
13 Remodeling/Finishing 1$ 650.00 $ 6.50 $ 656.50 $ -
3 Commercial Building : $ 1,854.19 $ 38_15 $ 1,892.34 $ 76,310.00
1 Pole Bldqs/Barns $ 287_51 $ 4_72 $ 292.23 $ 9,450.00
o Sheds I I $ - $ - $ - $ -
o Swimmina Poolsl 1 $ - $ - $ - $ -
o Chimney/Stove/Fireplace $ - $ - $ - $ -
4 Structural Chanqes I $ 516_85 $ 13.45 $ 530_30 $ 26,900.00
7 PorcheslDecks/Gazebos $ 1,061.76 $ 16.15 $ 1,077.91 $ 32,300.00
o Repair Fire Damaqe $ - $ - $ - $ -
8 Re-Roof/Siding I $ 400_00 $ 4_00 $ 404.00 $ -
O'Other I I $ - $ - $ - $ -
4 Commercial Plumbinq $ 715.76 $ 9.60 $ 725.36 $ 19,200.00
1 Commercial Heatina $ 299.06 $ 5.00 $ 304.06 $ 10,000.00
o Commercial Fire SDrinkler $ - $ - $ - $ -
o Commercial Utilities $ - $ - $ - $ -
o Commercial Gradina $ - $ - $ - $ -
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48 SUBTOTAL $ 21,480_19 $ 693.87 $ 22,174_06 $ 1,366,76000
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PERMITS I FEES COLLECTED
48 Buildina Permits $ 21,480.19 $ 693.87 $ 22,174.06
o Aq Buildina $ - $ - $ -
o Curb Cut $ - $ - $ -
o Demolition $ - $ - $ -
o F ootinq $ - $ - $ -
o Renewal $ - $ - $ -
o Movina $ - $ - $ -
29 Heatinq $ 1,140.00 $ 14.50 $ 1,154_50
25 Gas Fireplaces $ 1,000.00 $ 11.50 $ 1,011.50
23 Plumbinq $ 1,844_00 $ 11.50 $ 1,855_50
68 Pumpinq $ 340.00 $ - $ 340.00
1 Septic New $ 50.00 $ 0.50 $ 50.50
o Septic Repair $ - $ - $ -
4. Sewer Hook-Up $ 100_00 $ - $ 100.00
41Water Meter $ 200.00 $ - $ 200.00
1 i Sewer Chanqe Over/Repair $ 40_00 $ 0_50 $ 40.50
o Water Chanqe Over $ - $ - $ -
6 Sac Retainaqe Fee $ 7500 $ - $ 75_00
4.SewerAdmin. Fee $ 60.00 $ - $ 60.00
91 Certificate of Occupancv $ 36.00 $ - $ 36_00
51 License Verification Fee $ 25_00 $ - $ 25.00
01 Reinspection Fee $ - $ - $ -
321 Contractor License $ 960.00 $ - $ 960.00
o I Rental License $ - $ - $ -
oj Health Authoritv $ - $ - $ -
259 TOTALS $ 27,350.19 $ 732.37 $ 28,082.56
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Total Number of Homes YTD I 2003 6
Total Number of Homes YTD 2002 12 -------- --~---
I Total Valuation YTD - I -- ---- --
I 2003 $ 1,366,760.00
Total Valuation YTD - I 2002 $ 1,913,438.96
Total Buildinq Department Revenue YTD- 2003 $ 27,350.19
Total Buildinq Deoartment Revenue YTD- 2002 $ 35 998.44
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.cJ.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: John Erar, City Administrator
SUBJECT: Supplemental Agenda Items for February 4, 2003 Council Meeting
DATE: February 4, 2003
The Council is requested to review the supplemental material for the following Agenda Items:
Accept Additional Information under Discussion Items -
Item 14. Consider Varianc/3595 _143rd Avenue NW - Planning
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CITY OF ANDOVER
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: John Erar, City Administrato~
Will Neumeister, Communit Development DirectortVL
FROM: Courtney Bednarz, City Plann'r'
SUBJECT: Supplemental minutes for Variance/3595 143rd Avenue NW - Planning
DATE: February 4, 2003
INTRODUCTION
Please find attached the Planning Commission minutes related to this item.
DISCUSSION
Due to the short time frame they were not able to be prepared in time to be distributed with the
packet.
ACTION REQUESTED
None.
Attachments
January 28, 2003 Planning Commission Minutes
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Cc: Joel and Tammy Gnat, 3595 143rd Avenue NW
PLANNING AND ZONING COMMISSION MEETING - JANUARY 28,2003
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Dean Daninger on January 28,2003,7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Dean Daninger, Commissioners Tony
Gamache, Rex Greenwald, Jonathan Jasper, Tim Kirchoff,
and Dean Vatne.
Commissioners absent: Commissioner Douglas Falk
Also present: City Planner, Courtney Bednarz
APPROVAL OF MINUTES.
January 14,2003
Motion by Greenwald, seconded by Jasper, to approve the minutes as presented. Motion
carried on a 5-ayes, O-nays, I-present (Kirchoff), I-absent (Falk) vote.
.. VARIANCE (03-02) TO VARY FROM THE BUILDING SETBACK FROM COUNTY
ROADWAYS FOR EXISTING STRUCTURE ON PROPERTY LOCATED AT 3595
143RD A VENUE NW.
Mr. Bednarz explained that the applicant is requesting a variance to accommodate an
existing house that is adjacent to Round Lake Boulevard (CSAH 9). The existing house
has a 39-foot setback from the existing Round Lake Boulevard right-of-way. The
proposed county roadway improvement project will take ten feet from the subject
property for additional right-of-way. The existing house will be left with a 29 foot
setback from this future right-of-way line.
Fortunately the house is angled such that only a portion of the garage encroaches into the
building setback area.
Mr. Bednarz stated the existing structure is legal non-conforming. This means that the
structure may continue to be used as a residential dwelling until it is damaged beyond
50% of its assessed value. At that time the structure would be required to be
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 28, 2003
Page 2
reconstructed in conformance with the current setback requirements. Additionally, the
city will not issue building permits to expand non-conforming structures. This means
that the homeowner would be limited to maintenance of the existing structure and could
not construct an addition to the house or garage. This also affects the marketability of the
property.
Commissioner Kirchoff asked for explanation of the temporary status. Mr. Bednarz
indicated it is considered temporary due to the condition that if the home is damaged
beyond 50% of its assessed value it could not be rebuilt as it is today, it would have to be
moved back on the property.
Commissioner Kirchoff noted there are 71 properties affected by the reconstruction on
County Road 9. He asked ifthe Commission would need to look at all 71. Mr. Bednarz
stated that the number of properties affected by this project that are currently conforming,
and would become non-conforming as a result of the project, is only three. He indicated
the Commission may see variance requests for these. He stated that the city worked with
the county to evaluate all affected properties and made preliminary recommendations on
whether variances would be necessary or warranted for each property within the project
area. Staff subsequently hosted a neighborhood meeting with the county to answer
questions. He indicated the number the Commission will see that are related to the
project will be fairly small, and will need to be considered separately.
Commissioner Greenwald asked why the variance was being requested at this time.
Tami Gnat, 3595 143rd Avenue NW indicated the road is close to their house now and
will be even closer with the widening. They have considered changing the garage into a
living room and building a new garage on the back of the house.
Chairperson Daninger asked if the applicant was comfortable with the temporary status
and the verbiage staff has used. Ms. Gnat stated she didn't know the setback was
currently 50 feet, they thought it was 40 feet, so that was a surprise to her that they are
already so far out of conformance.
Mr. Bednarz indicated the property location on the zoning map. He stated that the zoning
is R-3, Single Family Urban, whereas it was originally believed to be R-4, which
provides a setback of 40 feet versus the 50 feet required in R-3 zoning.
Commissioner Greenwald asked if when the county does a project that puts a house out
of conformance, does it put it in jeopardy if 50% of the house suffers damage such as a
fire. He questioned that the County just says 'we're expanding and putting in a
sidewalk', then a whole row of houses become non-conforming. Mr. Bednarz indicated
that can happen. He indicated there were three properties in that scenario with this
project.
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 28, 2003
Page 3
Commissioner Greenwald asked if those homeowners were aware of this. Mr. Bednarz
indicated they were. He stated the county and city have been in contact with the
homeowners so they are aware of the change.
Commissioner Greenwald indicated it would be a little difficult for the Commission to
deny a variance request under these circumstances. Mr. Bednarz reminded the
Commission that this particular property was non-conforming before the County project
was proposed. He indicated staff was recommending approval in this case to encourage
reinvestment and to avoid a red flag for mortgage companies.
Commissioner Greenwald indicated the only reason he would not want to approve this
request is to not set a precedence for the next one or two or a dozen.
Commissioner Vatne asked if Ms. Gnat was the original owner of the home. She
indicated they had purchased it 3Y2 years ago.
Commissioner Vatne asked if they were aware it was non-conforming when they
purchased the home. Ms. Gnat indicated if it was in the papers, they did not read that far.
Commissioner Vatne asked if they only recently became aware of the situation. Ms. Gnat
stated yes, when the County project came up is when they became aware.
Commissioner Greenwald asked under what circumstances the home became non-
conforming, whether it was a change in ordinance or what. Mr. Bednarz indicated the
home was constructed before a setback from county roads was adopted.
Commissioner Jasper stated Staff is suggesting that if the home is damaged more than
50%, it must be rebuilt to be conforming. He asked if the applicant was okay with that
scenario. Ms. Gnat indicated she was.
Commissioner Jasper asked ifthere was room on the property to do that. Mr. Bednarz
indicated the same home could be built to meet the setbacks, but a significantly larger
home may be a problem.
Motion by Kirchoff, seconded by Greenwald, to recommend to the City Council approval
of Resolution No. 03-02, approving the Variance Request for Joel and Tammy Gnat to
Reduce the Building Setback from County Roadways to 29 Feet for the life of the
Existing Structure Located at 3595 143rd Avenue NW (P.I.D. 29-32-24-42-0062) Legally
described as: Lot 4, Block 2, Andover Boundary Commission Plat No. I, Anoka County,
Minnesota. Motion carried on a 6-ayes, O-nays, I-absent (Falk) vote.
Mr. Bednarz stated that this item would be before the Council at the February 4, 2003
City Council meeting.
Gl"l~'l!~ -
DATE February 4, 2003 (f:}\
ITEMS GIVEN TO THE CITY COUNCIL ~ ~
>- Letter on Rural Reserve from Larry Emmerich
>- Memo from Andover Huskies Youth Hockey Assoc. -1/24/03
>- Letter from Barry Sullivan - 1/15/03
>- The Connection
>- Foxburgh Crossing Feasibility Report
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
G:\DA T A\ST AFF\RHONDAAIAGENDA\CCLlSTDOC
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CLANDOVER.MN.US
TO: Mayo, ond Coundl Memb,
CC: John Erar, City Administrato
FROM: Will Neumeister, Community Development DirectorM"~
SUBJECT: Letter on Rural Reserve From Larry Emmerich
DATE: January 30, 2003
INTRODUCTION
This letter was received on January 29,2003 and is being forwarded to Council for review.
ACTION REOUESTED
No action is needed, this is informational only.
Respectfully submitted,
ad--
Will Neumeister
Attachment
Letter from Larry and Karen Emmerich
, RECEIVED
January 25, 2003 JAN 2 9 2003
To the City of Andover CITY OF ANDOVER
The Mayor: Mike Gamache
The Council: Ken Orttel, Don Jacobson, Julie Trude, and Mike Knight
Community Development Director: Will Neumeister
From Larry & Karen Emmerich
1341-161st AVE NW
Andover MN
We would like to make our intentions clear to develop our property in the
, near future to this governing body and further ask that this statement of
intention be considered in this process.
We ask that that use of both sewer trunks that stop at Crane -161 st and
Vale-161st be used to there shared capacity.
We own approximately 50 acres ofland in the city of Andover with only
one residence on the property at present. With over 1200 feet attached on
the north side of 1615t Ave and commencing at the SW comer with being 50
feet laterally east of Crane St. and the SE comer is west of the train tracks
and all property is east of Hanson Blvd.. 35 acres is high, desirable and
buildable land attached and continues from 161st to over 1300 ft. to the
north property line with increasing elevation as it extends to the north.
With that stated as per option 1 of the MUSA planning: With 88 acres of
sewer available north of 161st Ave and west of the tracks and east of
Hanson.
We would further ask that the Mayor and council to consider using that
end of the trunk at Crane St. & 161st to full capacity. 44 acres or whatever
it's engineered capacity be designated for that trunk that extends from the
south of 161 st and Crane St.. Therefore extended across 161 st to our
property for the purpose of a sewer and water housing development.
Ifwe can be offu~er help or prQyide Aditional information
Please call Lltrry or,Karen(~ml~Jieh at 763-434-7826
Sincerely, \~~-~ ,
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i ANDOVER HUSKIES YOUTH HOCKEY ASSOCIATION
i ' , i339 Station Partiway
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I Andover. UN 55304
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January 24. iOO3
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TO: AHYiIA Members
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AHYHA Board of Directors
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RE: Call tActiOn - Andover CommunitY Center
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For the past;eral y~ ~e Andover City Council ~d the City of ~dover.S~ ~plex
Task Force ve'been working to construct a Commumty Centertbatmcludes anmdoor Ice
orena. . s~ frOm ~ ,;;lh~ aQd late ,,;gIII ke ......1"'" drivU>g
distances, an additional expenSes associated with not having a home arena,. many, of you are '
asking how y u can help ens~ thatthis ice arena is built and built quickly.,... preferably. in 2003.
The oppo , ty is at band for you to make your voiceS heard and help make an ice arena a
reality. \
.AS your Boar~ we have been actively involved in discussions related to the construction of the
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ice arena and FOW that the Countil is in a critical de~ision-m!,ldng phase that requires
complete an~ im~ate action on the part of all AHYIJA memben. The Council will be
making a dec$ion in early February as to when and how the Community Center project will be
funded along {vith the potential construction timelines for the pool. the field house, and the ice
arena. Thete bre currently three scenarios that may unfold:
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1. The C3UDCil could vote to fund the Community Center through a lease revenue bond
(whie does not require voter approval) and immediately start the development process.
Acconting to the request for proposal (RFP) on the street today, this would place
complcftion of the ice arena by NovemberlDecember of 2004 or early 2005 assuming that
the capital campaign is completed within the timeline projected by their consultants,
Saterb4ch &' Associates. Based upon the City Council meeting on January 7. 2003. our
belief i\; that with this approach it is likely the arena wiil Dotbe ready until the 2005-06
hock~ season, unless the capital campaign is greatly accelerated.
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2. ~e foje~d Comm~5r Center bu~et ~ $9.9 milli~n. Accordin~ ~ John Erar, our
C1ty~dminiSttator, the; J'$pOs.als commg m ~frqm $,11 to S1S DUn10n. If the
fun required is at ~li,i~:Cn4.bf$is.~, ~t~:~Wble the Council will vote to
01 vo.... approval ""~~_m~08dw;th tho ~ of tho
Co unity Center. Based!U(lon our research of ~en:ces in other communities, we
belie e there is a risk that the reteTP-MIlTI'l would fail and either kill or significantly delay
the ,ommunity Center project and the accompanying ice arena.
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3. The ~ounci1 could vote tb supporian alte1nat;Jve solution being proposed by members of
the ;~over CO~~ at a CityCouncil.wOr~hop meeting pl~ for Febrwuy 3m..
We lieve that If the Ice arena was sepuated frOm the Commumty Center and the capItal .
carnp,aign and construction project managed independently, an ice arena co\l1d be
'110 for !he 2003.04 hookey """on. Thio pm""" woRld Dot jeopanUze tho.
rem ining components of the Community Center or impact the involvement of the
YM A who is very interested in managing the aquatic center and portions of the
field ouse..
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So what actifn can you take? There ar~ three things you must do:
1. Immedi~ely call, write, FAX or email the Mayor, City Coi1ncu and city Administrator to let
them knqw how not having a home arena has affected your family and urge them to build
one by Fill of2003. Up to now, the City Council has been hearing from the same few
people ~ do DD' believe or ~ hOw wid"Jl'eDd'" volid the OODCm>S.... """
need to ear your personahtories to bring home the message that our youth (:ANNOT
continllto eD~()Y the sport,of~ock~. d~elop'~ skiUs and remain eOJJl~tive
without ome u:e. Please-keep mmmdsome COtmcll members are sympathetic and h~
and un~d our issues. ." ,
· MayorjMike Gamache (763) 757-6060 cmgamacbe@ci.andover.mn.us
· Council Member Don Jacobson (763) 434-340] cmiacobson@ci.andover.mn.us
· councg Member Mike Knight(763) 421-9.247 cmkriisrl1t@ci.andover.mn.us
· Counc Member Kell Ortter (763) 755-8425 cmorttel@ci,andover,mn.us
· ~~mber Julie Tn;'" (763) 862-2499 =trndo@oi.ondov".mn.'"
· City . 'strator JohnErar(762) 755-5100 ieI'lU'@.cLandover.mn.us
· Send, tiers to: Andover City Hall, 1685 Crosstown Blvd NW, Andover, MN 55304
· City Hju1 F~: (763) 755-8923
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2. Sign tbot parents apd children) the, petition being routed by your team manager (or team
, Mom or ~ch) that supports the construction of an ice arena by 2003. This petition will be
hand de~vered to the City Council at the upcoming workshop:
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3. We have Wormed the Mayor that we will demonstrate our support through attendance at the
upco~ workshop. As such, the AHYHA Board, of Directors is canceling aU practices
scheduled for Monday, January 3rd so that you (along with your players in Andover jerseys)
can attenii the February 3M City Council Workshop (7:00 p.m. at City Hall.) It is simply that
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critical tl1at we have an overwhelming turnout at this meeting. Tfyour team has a game
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schedul and if at all possible, please come before or after the game or have at least one
parent a end this important meeting. Even though you have signed the petition, the Council
must see your attendance! At this meeting, you will hear how it IS possible for an arena to
be built 2003 without jeopardizing the remaining Community Center components, and
will d nstrate your support for the construction of an ice arena and your players.
If y;,u have ky questions, please contact Frank: Kellogg. AHYHA Vice President at (763) 434-
8683 (fb~~Ol.COm), Tony Howard, AlMIAPlayer & Coach Deve10pment Director at (763)
767-6330 (ts ormer13(a)ao1.conV and/or any AHYHA Board ofDi~tor.
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A3 a hockey community, our common goal is to be skating in our own ice ar~D8 by the
2003-04 hoc ey season. This is a key oPPOrtuDity and our only shot at convincing the City
Council ho important it is to our youth aDd the Andover tradition that an ice arena is
built quickl . The construction of the iee arena is in your handJ and contiagent on your
willingness act now!
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ANDOVER RESIPENTS FOR INDOOR ICE
.... -Presented-by M~.bibers oCtile - -,.
.', Andov.er ,Huskies YQuth.H~Asso.datioll _ " .. .....
This petiticm'is 'to ~ ibat the AndoVer city 'CowiCiJ'~c ~= thai wiiim~t j;; ~,. .,'.
"~~ 8Q4.~~on ()fa.o indoor i!lur.~.by.FaU,of2OQ3",~.1~k.oram imJoori~, "
lU'CDIl in.AD!ovet has served ~cntil to over 350 youth (ages 4 to 18) who pe:ticipate in the
spQrt QfbQCkey., ~~ ad.Jate night;ce ~~~~ ~y'~ly ~pIIC;ted~ir..~. _ _ ,_
devel~ compctitivo cdgo.nd ability to maiD1:1lin their ~c participation. The lack of
~oor !~J~.s als.ou~ !l !wdsI!i-P.~D, filr:giJi~ ~,s!JPPOrt tbeir cbi~, ~~~~ ~,yoyth
hockey by imposing long driVing distances and additio~ expenses associated with paying
prcmj':JIll~ im~ by outside ,commm.Dt.i~ .--....... '. . -..' ".' .. ..... -"-. .-.
SJ~A~ . ,EMIlD,. .." ",' .. .. PHONE ~i:l!
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LAW OFFICES OF
'William G. Hawkins and Associates
. 2140 FouJmI AVENUE NOJml
Legal Assistant ANOKA. MINNESOTA 55303
WILLIAM G. HAWKINS TAMMI J. UVEGES PHONE (763) 427,8877
BARRY A. SULLIVAN HOLLY G. PRovo ' , FAX (763) 421-4213
E-MAIL HawkLawl@aol.com
RECEIVED
January 15, 2003 JAN 1 7
CITY OF ANDOVER
Mr. Will Neumeister
Planning Department
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Rademacher Special Use Permits
Dear Will:
You ~ave asked for an opinion regarding the legal status of two special use permits
(SUP) that were issued to Mr. Rademacher. Because the circumstances are a little
different for each SUP, I will discuss them separately.
Hill of Bunker Lake Third Addition SUP.
It is my understanding that in 1988 the Andover City Council approved an SUP to
operate aboveground bulk liquid storage on this property. It was anticipated that
some type of convenience store would be constructed which would require a further
SUP to operate this business on this parcel which was zoned neighborhood business
at the time. No site plan or further SUP application has ever been presented to the
City. No work has been undertaken on the parcel. Subsequently, after an in-depth
study conducted by Northwest Consultants on behalf of the City, it was determined
to amend the zoning for the property from neighborhood business to limited business.
The operation of the convenience store is not a permitted use and is no longer a
special use in this district. The SUP did not contain a sunset provision.
In my opinion, the SUP for this parcel has terminated. Generally, an SUP is a
property right that runs with the land and is not personal to the recipient. An SUP
remains in effect as long as the agreed upon conditions are observed. Minn. Stat.
~462.3595, Subd. 3 (2002).
.
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Mr. Will Neumeister
January 15, 2003
Page 2
There are a number of ways in which an SUP can expire or otherwise terminate. An
SUP is predicated upon the propriety of the underlying zoning. A change in the
underlying zoning may cause the SUP to be terminated. Rosecliff Landscape Nursery
v. Rosemount, 467 N. W. 2d 641 (Minn. Ct. App. 1991). For example, a zoning
amendment which causes a special use to become a permitted use discontinues the
requirement for an SUP. Conversely, the zoning amendment which discontinues a
special use terminates the SUP.
There are circumstances where a property owner may have a "vested right" to
continue a use of property notwithstanding a change in zoning. No one has a vested
right to a zoning classification but, as I said, a property owner may have a vested
right to continue a particular use of property. Ridgewood Development Co. v. State,
294 N.W.2d 288 (Minn. 1980) . If the property owner has undertaken sufficient
physical activity or construction activity under the terms of the SUP, the owner may
have acquired the right to complete the work and enforce the SUP notwithstanding a
change in zoning. However, the work undertaken in reliance upon the SUP by the
owner must have been substantial. The general rule is that a right becomes vested
when the activity is so far completed that "nothing remains to be done...." It is my
understanding that no physical or construction activity has occurred in this case.
Consequently, the change in zoning has caused this SUP to terminate.
KMsmgwnBrnresThffdAd~mnSUP
In this situation, a SUP was granted to Mr. Rademacher for aboveground bulk liquid
storage. It was also contemplated that a convenience store operation would be
utilized at this site. Similarly, no site plan or other application has been submitted.
No work has been done on the site. At the time the SUP was issued, the property
was zoned R-4. The property maintains that zoning classification. However, there
has been substantial development in the City or occurring in the City since this SUP
was granted in 1988. There has been substantial residential development in the
neighborhood. There has also been substantial commercial development in the City.
In short, community circumstances have changed to the point where the operation of
a convenience store at this location is no longer consistent with the development
anticipated in 1988. The same zoning study referenced above has concluded that
the appropriate use of this property is for residential purposes. A zoning amendment
to allow a convenience store at this location as a permitted or special use was
declined as unwarranted.
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Mr. Will Neumeister
January 15, 2003
Page 3
There was no change in zoning for this property and so the SUP does not terminate
by operation of law in the same manner as the Hills of Bunker Lake SUP.
Consequently, in my opinion, it will be necessary for the City to take an affirmative
action to terminate this SUP. Section 5.03(A) of the zoning ordinance provides:
"The cancellation of a Special Use Permit shall be considered administratively
equivalent to a rezoning and the same requirements and procedures shall apply. IF The
City may process a cancellation of the SUP by giving appropriate notice and
conducting a hearing before the Planning Commission. The Planning Commission can
conduct a hearing, make findings and a recommendation to the City Council. The
City Council will then be in a position to make findings in support of its determination
of whether or not to cancel this SUP.
The "vested rights" discussion above would also be applicable to this situation.
However, because no physical or construction activity has occurred on this parcel its
appears that the property owner has not acquired a vested right to exercise the SUP.
I trust this answers the questions which you have raised. If you any further
questions or wish to discuss this matter in more detail, please feel free to call.
Sincerely,
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Barrj! '
B~/tjU
cc: John Erar
Courtney Bednarz
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Inside ThIs Newsletter... ~ Parks and open spaces bring beauty to on area
~. while giving people satisfaction and Improving
I. Benelifs of Paries and Reel n. } their quality of life.
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2. Ook Wilt Management Strategies. ,\iI,
3. Trail construction at Ham lake'tarf> i ," [ SoCIal
" " . Leisure provides leadership opportunities that
~ build strong communities.
From The Director: . Community recreation reduces alienation,
loneliness, and antl,soc/al behaviors.
Greetings from Anoka County Parksl I hope that . Community recreation promotes ethnic and
cultural harmony.
you hove hod 0 worm and enjoyable winter holiday . Recreating together builds strong families, the
season with friends and family. It's always 0 foundation of 0 stronger society.
Z wonderful time of year to savor the meaning of the . Leisure provides opportunlf/es for community
four seasons In the out-of-doors, despite the lock of Involvement, shored management, and
snow - os our reason for living In this winter tundra- ownership of resources.
0 land. . Integrated and accessible leisure services ore
crfflcal to the 'quality of life of people with 0
The close of the year Is the time to reflect on lost disability and disadvantaged Individuals.
year's accomplishments and to think about what . Leisure opportunities, faclllfles, and the quality of
I I we have added to our list of goals for the 12 the local environment ore the foundoflons of
months ahead. It's also 0 time to pause and community pride.
I- consider the meaning of what we do and how our . Leisure services enrich and complement
lives, both personally and professionally, Impact on protective services for latchkey children through
the lives of others. offer-school and other recreational services.
U As I was cleaning my office the other day {one of
my resolutions} I came across 0 document entlfled
"The Benefits of Parks and Recreation" published In
W 1992 by the Parks and Recreation Federation of
Ontario, Canada. Glancing through the document
I was reminded of the time I hod first read the
Z publication from cover to cover. It gave me reason
to, again, pause and consider the reasons that I
om In this business of serving the public.
Z The benefits of parks and recreation ore Indeed
broad - beyond the obvious benefits of exercise
and fresh-air. Important enough that I wonted to
0 shore with you for 0 qUick moment 0 summary of
the benefits of parks and recreation from the Anoka County Parks & Recreation offers day camp which
perspective of our neighbors to the north. provides leadership opportunities that build strong connnunities.
U Personal
. Physical recreation and fitness contributes to 0 Economic
full and meaningful life. . Pay now or pay more laterl Investment In
. Regular physical activity is one of the very best recreation os 0 preventive health service makes
methods of health Insurance for individuals. sense.
. Relaxation, rest, and revitalization through the . A fit work force is 0 productive work force.
opportunity of leisure Is essential to stress . Small investments in recreation yield big
W management in todoy's busy and demanding economic returns.
world. . Parks and recreation services motivate business
. Meaningful leisure activity is on essential source relocation and expansion in your community.
J: of self,esteem and positive self,lmage. . Meaningful leisure services reduce the high cost
. Leisure provides the opportunity to lead of vandalism and criminal activity.
balanced lives, achieve our full potential, and . Recreation and pork services ore ofIen the
I- gain life satisfaction. catalyst for tourism, and growing sector of our
. Children's play is essential to the human economy.
development process. . Investments in environmental protection through
. Leisure opportunities for youth provide positive the provision of parks and open spaces pay for
lifestyle choices and alternatives to self- themselves.
destructive behavior.
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Environmental The final phase entails
. Parks, open spaces and protected natural environments, logging the infected oak
contribute to the environmental health of our trees, properly
communities. managing the wood for
. Investing In the environment through parks and open potential s pore
space In residential areas, leads to an Increase In ,production and
neighborhood property values through accessibility to maximizing the
environmentally friendly green spaces and associated utilization of the wood.
recreation opportunities. All of the infected trees
. The trend toward natural environment based leisure are felled, limbed and
activities Is Insurance for a new and Improved bucked into saw-log
environmental future. lengths. The logs are
the n graded
With all of the financial challenges that lie ahead In the appropriately for sale to
comIng year, I hope that those of us entrusted In making a local sawmill or for
budget decisions will be equally mindful of the benefits that fuel wood that is utilized
accrue to society from our work In the leisure servIces area. at the two Anoka
These collective benefits to our communities, families, and County Campgrounds. The third phase involves using Global
Individuals far outweigh the costs, and provide a positive All potential spore PositioningS~(GPS)and
return on Investment. producing logs are Geographical Information Systems (GIS) to
properly covered to accurately map and track the oak wilt
Enjoy what's left of winter In the great Minnesota outdoorsl prevent sporulation. infection centers.
John VonDeUnde The Anoka County Parks and Recreation Department's oak wilt i
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logging crew started the logging phase of the program in early
An Integrated Approach December. There are approximately 110 diseased oak trees that
To Oak Wilt Management will be effectively logged and processed for utilization over the
next couple of months. A thank you goes out to the following
The Anoka County Parks and Recreation Department deploys professional and dedicated logging team members who spend
many hours out in the woods to ensure the health and vitality of
comprehensive and adaptive oak wilt management strategies Anoka County's oak forest resources: Gerry Kush, Scott
annually in effort to suppress oak tree mortality throughout the Gilbertson, Dan Holman, and Mike Mellen.
Anoka County Parks System and also provides some equipment
assistance to various cities and townships across the county help
reduce the spread of oak wilt Anoka County's approach to oak
wilt management integrates the principles, practices, and science
of air and ground reconnaissance, proper diagnostics, global
positioning systems, geographic information systems, mechanical
root graft barriers, logging, sanitation, and maximum wood
product utilization.
The first phase of Anoka County's Annual Oak Wilt Management
Program includes air and ground reconnaissance to detect
stressed oak trees. Each stressed tree is inspected and
professionally diagnosed to determine the causal agent of stress
and to determine the need for installing root graft barriers
(severing the roots between healthy and infected trees to reduce
future spread). The diseased trees are marked with paint and
various parameters of data are recorded.
The second phase involves using the vibratory plow root graft
barrier machine to sever the root systems between infected and
healthy oak trees to reduce the potential of underground spread
of the disease. The vibratory plow is a large machine with a five,
foot blade that is inserted into the soil to sever the root systems.
Anoka County also rents the vibratory plow to various cities and
townships to assist them with their respective oak wilt
suppression efforts throughout the county.
The third phase involves using global positioning systems (GPS)
and Geographical Information Systems (GIS) to accurately map
and track the oak wilt infection centers. The various layers of
data are then over,laid onto a digital ortho'quad aerial photo for
precise mapping purposes, All of the infected trees are felled, limbed.
and bucked into saw,log lengths.
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Wargo's Interns see, the staff managed to get out to dinner with them a
couple of times, get them to a Minnesota Wild Hockey
This past fall, the Wargo Nature Center played host to two game. and have them over for a Halloween staff party.
interns, from the Audubon Center of the North Woods.
Every year, the Audubon Center sends students from their
Fall Block college course to a variety of environmental
centers, youth learning centers, and youth enrichment
organizations for a two-week internship. The students are
enrolled in Fall Block through Northland College located in
Ashland Wisconsin. The idea of the two-week internship
is for upper level college students to receive hands-on
outdoor! environmental education experience. Students
have an opportunity to research the various organizations
to determine which will best suite them. This year the
Wargo Nature Center was lUCky enough to have been
selected by Josh Mcintyre and Dana Morales.
Other projects that the interns were involved with included display
development. press release organization. and team building as shown here.
Having Dana and Josh complete their internship with the
Anoka County Parks & Recreation Department at the
Wargo Nature Center worked out very well for all parties.
Josh and Dana received valuable experience in the
environmental education field and the Wargo Nature
Center benefitted from having two extra (free) staff on for
two of the nature centers busier weeks of the year as well
as learning from the intern's experiences, And in addition,
the Audubon Center of the North Woods and Wargo's
collaborative relationship received a boost. As the
groundwork has been laid for future Fall Blockers to
The interns, Josh & Dana. were responsible for developing. writing, choose the Wargo Nature Center for their internship.
and teaching their 0\\11 environment education curriculum
During there stay Josh and Dana were kept busy with a
variety of activities. There were several requirements that
needed to be fulfilled during their two weeks at Wargo.
Being up in front of groups (both school aged and adults)
and teaching turned out to be the most challenging and, at
the same time, rewarding requirements for both Dana and
Josh. Because Josh and Dana came to Wargo with some
teaching experiences from their home state of Ohio, they
were able to get in front of groups quickly and with
confidence. Before teaching a particular curriculum, they
observed and then assisted with the program. The interns
were also responsible for developing, writing-up, and
teaching their own environment education curriculum.
Other projects that they were involved with included display
development, press release organization, team bUilding
and initiatives training, and animal care. Josh and Dana received valuable experience in the environmental education
field and the Wargo Nature Center benefitted from having two extra (free)
Between their busywork schedules, the interns also found staffon for two of the nature center's busier weeks of the year.
some time to get out and see some of the sites around the
Twin Cities area. As they had never been to the Twin Lastly, the most unexpected benefit from the internships
Cities, the Wargo staff took it upon themselves to do a little
entertainment directing. Besides recommending sites to was that the Wargo Nature Center added two new friends
to its family.
Page 3
"
Ham'Lake County Park Working hand-in-hand with the City of Ham Lake has been very
Development rewarding and gives the city staff a sense of ownership in this
process and in the park. This will hopefully aid in the transition
Ham Lake County Park is currently under construction. The 2020 when the City of Ham Lake takes over the ownership of this park
once all of the development components are completed. It has
Vision Parks Master Plan, that was adopted in 1998, addresses been a great partnership.
maintenance, operations, ownership, and development There are
several components in the development of this park. Currently, 2002 Annual Holiday Meeting
a cooperative effort between the Maintenance Unit and the park
maintenance staff from the City of Ham Lake, has moved
forward with the construction of the natural surface trails and 400 The Parks and Recreation Department got together on
feet of floating boardwalk. This trail system traverses through December 13th to review this years' past accomplishments and
both wetlands and mixed hardwood forest to gather together to celebrate another successful year.
This years event was hosted by the staff at Chomonix Golf
Course. The lunch included ham and turkey cooked on the
grill, mashed potatoes, com, green beans, and rolls. Apple,
pumpkin, and apple raspberry crisp pies were served for
desert.
The trail system traverses through both wetlands and mixed hardwood forest
The boardwalk sections are being constructed at the maintenance
facility at Lake George Regional Park. Once completed the
boardwalk will be installed as soon as possible. Taking A powerpoint presentation showing all of the programs, park
advantage of the frozen conditions of the wetlands will enhance
this installation. development projects, and visitor activities throughout 2002
was played during the meeting. After serving lunch,
supervisors took turnS recognizing significant contributions of
their staff. The meeting culminated in a gag gift exchange
which produced many laughS and smiles.
Bunker
Beach
Work on the new features for the Bunker Beach site
continues along with the nice weather. The plan is to
work on some parts of the project all through the winter.
A temporary heated area has been set up to keep the
project on schedule and allows work to continue. The
parks maintenance staff has started to install the sand
play area equipment, which will be one less thing to be
done this spring.
The boardwalk sections are being constructed at
the Lake George Regional Park maintenance facility,
Page -+
.
.-
A temporary heated area has been set up to keep the project
on schedule and allows work to continue.
Preparations for the new season are well underway. A
new brochure will be completed shortly and the
advertising will start as well. Information about the
facility will be available on the information line 763-767-
2985 and also on the web site www.bunkerbeach.com.
We have already started to take group reservations for
this year and will contact all groups that visited last year.
This years season passes will go on sale May 1, 2003.
Banfill-Locke, Center for the Arts is happy to host the show
by Anoka Ramsey Community College art faculty.
The show will include glass pieces by Robert Toensing,
photograhy/digital imaging by Laura E. Migliorino, ceramics
by Steve Lloyd, painting/prints and drawing by Meg Bussey,
painting and drawing by Marilyn M. Taus (Cambridge
Campus), digital imaging by Gregory Bringman, and
photography by Cate Vermeland.
Banfill Hosts I
Fine Art Faculty Exhibition
Sanfill Locke Center for the Arts is happy to host the Anoka
RamseyCommunily College Art FacullyShowJanuary 10-
February 21 with the opening reception, Friday, January
10, from 7 - 9 pm. This evening will be very special with
guest readings by faculty members Kathryn Kysar and
Linda Varvel at 7:30 pm. The show will include glass pieces, photography/digital imaging,
ceramics, painting/prints. and drawings,
Page 5
December Anniversaries John and his wife, Sue, are currently raising their family of boys "
in Eagan. Peter is pursuing a career in aviation and is enrolled at
The following employees celebrated their anniversaries in lnver Hills Community College. He is also a budding blues
guitarist. Tyler is a junior at Eagan Senior High School and loves
December. Darrell Niedert - 5 years, Jeff Perry - 6 years, his motorized toys. Ben is in 7m grade and doing the hockey and
and John VonDeLinde - B years, with Anoka County Parks and snowboard thing. The entire family enjoys boating on the St.
Recreation. Congratulations! Croix, spending time up north with J~hn's parents, skiing,
snowboarding, and camping. John also likes gardening, reading,
John VonDeLinde - running with Trixie (their dog), and soaking in their spa. They
love to travel and would someday like to tour Europe and
Featured Employee Australia.
John VonDeUnde came aboard as the Director of Parks and
Recreation for Anoka County in December of 1994. Wonderful
things have been happening ever since. Nearly $20 million
dollars in non--county funds has been invested in development
and redevelopment of the park system within the past eight
years, thanks to John's efforts. He has spent countless hours at
the Legislature lobbying for adequate funding for the regional
park system as well as the parks and recreation field. He has
provided vision and leadership to the staff serving the department
(of course that same great visioner swears he saw a moose at
Rice Creek Chain of lakes Regional Park Reserve). John's
positive relationship with the County Board and Parks and
Recreation Committee has helped create a comprehensive and
dynamic park system serving the residents of Anoka County and
beyond.
John and his wife. Sue, are currently raising their boys in Eagan.
John sincerely loves working for Anoka County. The job is
enjoyable, rewarding, and challenging. He is excited for the
future possibilities that help keep each day fresh and exciting. He
loves working with such a friendly, hard-working group of staff
and administration within Anoka County. He is truly an advocate
for parks, recreation, and natural resources. John appreciates the
support from the County Board and the Parks and Recreation
Committee. He also enjoys positive relationships with a wide
variety of people associated with local, state and federal
government as well as many others from both the public and
private sector. His ability to build partnerships has created strong
relationships and great results. John's experience, education, and
national
reputation
allow him to
execute the
direction of
the County
Board as
After graduating from the University of Wisconsin - River Falls evidenced
with a degree in Recreation Resource Management, John worked through
as a manager at Coon Rapids Dam Regional Park from 1978 to quality
1981. From there he worked as the Parks Administrator for service to
Wright County until 1984. For the next two years John was a the public.
Grants Program Coordinator for the State of Minnesota
Department of Trade and Economic Development. From 1986
through 1994 John was the Superintendent of Parks for the City Interview
of Eagan. He obtained his Masters degree in Public taken and
Administration from Hamline University in 1996. He is currently written by
the President of the Board with the School of Environmental Jon
Studies Education Foundation, President'elect of the Minnesota Oyanag~
Recreation and Park Association, and is a Board Member and Park I .
Chair of the Membership Committee for the National Association Operations '-. . ,;,...~tt';..
~-.._~_..' "k._" --
of County Park and Recreation Officials. Manager. ---.-.:-'.,...,.,.,_. ' .- .- -
John is truly an advocate for parks.
recreation, & natural resources.
?<:lgc 6
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..J FOXBURGH CROSSING
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~ CITY PROJECT NO. 02-47
..., Utility & Street Improvements
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..., Prepared by:
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..., Engineering Department
LJ City of Andover
1685 Crosstown Boulevard NW
..., Andover. MN 55304
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ANDOVER, MINNESOTA
r1 February 4, 2003
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LJ FEASIBILITY REPORT FOR
r1 FOXBURGH CROSSING
U
r1 UTILITY AND STREET IMPROVEMENTS
LJ
CITY PROJECT NO. 02-47
J CITY OF ANDOVER, MINNESOTA
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r1
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1 I hereby certify that this Feasibility Report was prepared by me or under my direct
U supervision and that I am a duly registered Professional Engineer under the laws of the
r1 State of Minnesota.
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r1 {Jcu;,<QCJS~,v~Yc~/d
,
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J David D. Berkowitz, P.E. 0
Registration No. 26757
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U February 4, 2003 RE: Foxburgh Crossing
Feasibility Report
"1 City of Andover, Minnesota
J City Project No. 02-47
n
u Honorable Mayor and City Council
City of Andover
"1 1685 Crosstown Boulevard NW
, Andover, MN 55304
U
n Dear Mayor and City Council:
u With your authorization, we are pleased to submit this feasibility report for public streets and utilities
n for the proposed Foxburgh Crossing development. A feasibility study was initiated by the City
J Council on December 17, 2002, upon receiving a petition for public improvements from the
developer, Grand Teton Development. The Foxburgh Crossing development is. located north of
n Andover Boulevard NW, west of Hanson Boulevard NW, and south of the Pinewood Estates 2nd
I Addition development.
L.J
J The total estimated cost of these proposed public improvements is $264,546.68. This includes
estimated construction costs, estimated city expenses, trunk I storage cost, and seal coat cost
associated with the project. City expenses include engineering, administration, fiscal and legal costs.
n The proposed funding for the project is as follows. Outside the plat boundaries, the right turn lane
I
U along westbound Andover Boulevard NW will utilize Municipal State Aid Funds. The remaining
improvements will be special assessments to the developer. The estimated city cost is $35,868.41
n and the estimated cost to the developer is $228,678.27
J
We recommend that the City Council review this report, and if acceptable, proceed with project
J implementation as proposed.
City of Andover Engineering Department
1 Sincerely,
L.J
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J David D. Berkowitz, P.E.
J City Engineer
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FOXBURGH CROSSING
~ CITY PROJECT 02-47
J UTILITY AND STREET IMPROVEMENTS
,..,
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fl TABLE OF CONTENTS
J
n Overview Descriotion Paoe
u INTRODUCTION 1
n LOCATION SE % of the NE % of Section 27-32-24 1
u
IMPROVEMENT Sanitary Sewer, Watennain, Stonn Sewer 1
n & Street Construction and Restoration
u
INITIATION Petition/Andover City Council Action 2
r"l FEASIBILITY The Project is Feasible 2
J
RIGHT -OF.WAYIEASEMENTS To be platted. Additional Utility and Drainage 2
n Easements will be required.
i
u
PERMITS MPCA, MCES, Mn. Department of Health, Coon 2
,-, Creek Watershed District and Anoka County
u Highway Department
COMPLETION The 2003 Construction Season 2
~
L.J ESTIMATED CONSTRUCTION $203,245.09 3
& EXPENSES
n
u PROJECT ASSESSMENTS Utility & Street Improvement Charges based on 3
project cost.
n
, ASSESSMENT RATE $17,590.64/unit 3
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~ PRELIMINARY ANDOVER 4
SPECIAL ASSESSMENT
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n ESTIMATED CALCULATED 5
i SPECIAL ASSESSMENT
u
1 PROPOSED PROJECT See Report 7
SCHEDULE
u
ESTIMATED CONSTRUCTION Utility & Street Improvements and Restoration 8
n COSTS
u
DRAWINGS Sanitary Sewer, Watennain and Streets & Stonn Sewer
n
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u
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u INTRODUCTION
,..., This Feasibility Report includes construction costs and expenses for the Foxburgh Crossing Plat and
LJ right turn lane construction along Andover Boulevard NW. The Foxburgh Crossing Plat consists of
13 single unit residential homes.
,...,
I
, LOCATION
LJ
~ The proposed project covers utility and street improvements in the proposed Foxburgh Crossing
J Development, located in the SE % of the NE % of Section 27, Township 32, Range 24.
,..., IMPROVEMENTS
,
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1. Sanitary Sewer
,...,
I A connection to the existing eight-inch sanitary sewer along Ibis Street NW will provide
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service to the plat. Ibis Street NW is located on the west side of the plat. It is proposed to
'1 serve the entire plat with an eight-inch sanitary sewer. A four-inch service will be extended
U to each unit in the plat. The sanitary sewer will be a gravity line. which flows into the existing
sanitary sewer system.
,...,
u 2. Watermain
,..., The proposed connections to the existing watermalns are a twelve-inch stub located at the
J NW comer of Andover Boulevard NW and Hanson Boulevard NW. and to the existing eight-
inch watermain along Ibis Street NW. A eight-inch watermain will provide water service to the
,..., plat. The watermain will loop through the entire plat to prevent iron build-up and stagnant
u water. A one-inch copper service line will extend to each unit.
3. Storm Sewer
~
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LJ Surface water runoff within this plat will be controlled with storm sewers and on-site ponding.
,..., All storm sewer sizing and catch basin spacing is based on a ten-year storm frequency.
Ponding is based on a 100-year occurrence storm runoff event. Emergency pond and storm
u sewer overflow outlets will be provided for the protection of homes from storm runoff events
more intense than that used for design of the storm sewer collection system.
,...,
LJ Catch basins will be used to collect surface water within the streets. The water will be piped
to the on-site ponding areas.
,...,
~ Maintenance vehicle access will be provided to the storm water ponding areas and along
storm sewer alignment.
,...,
u 4. Streets
,..., Streets within the plat will be constructed as stated within. 145th Lane NW will have a width of
; 33.00 feet back of curb to back of curb. The cul-de-sac will have a radius of 46.5 feet to back
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of curb. The street will have surmountable concrete curb and gutter, 1.5 inches of bituminous
,..., base course, 1.0 inches of bituminous wear course placed over 4 inches of class 5-gravel.
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u The developer will grade the streets within 0.2 feet of the sub grade elevation prior to utility
,., and street construction. The road shall have a 5 1/2-inch crown with 0.5% minimum grade
and 7% maximum grade. Grades within 30 feet of street intersections shall not exceed 3%.
u
,., All pennits related to total site grading are the responsibility of the developer.
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LJ The developer is responsible to have a positive 2% grade in the boulevard a distance of 13.5
,., feet from behind the back of curb unless otherwise approved by the City Engineer.
u A 5-foot wide sidewalk will be constructed on the west side of the plat adjacent to Ibis Street
n NW extending from Andover Boulevard NW to 145'" Lane NW. Also, a portion of the existing
sidewalk along the north side of Andover Boulevard NW(east of Ibis Street) will need to be
u relocated northerly to allow the construction of a right turn lane.
n Andover Boulevard NW will be reconstruction to accommodate a right turn lane onto Ibis
u Street NW. The right turn lane will be constructed to Municipal State Aid requirements. The
turn lane shall be reconstructed with B618 concrete curb and gutter, 2 inches of bituminous
,., base course, 1.5 inches of bituminous wear course place over 6" inches of class 5-gravel.
I
U The turn lane shall be 12 feet wide, 55 feet long, with 180 feet long taper.
r-, PROJECT INITIATION
U The project was initiated by petition by Grand Teton Development, the owner and developer of the
,.., property and by Andover City Council action.
I
LJ FEASIBILITY
n The project is feasible.
u
RIGHT -OF-WAY/EASEMENTS
n
u All right-of-way and easements will be dedicated as part of the platting process. Additional utility
and drainage easements may be required based on the final design.
n PERMITS
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The following penn its are required:
~
I 1. Minnesota Pollution Control Agency (MPCA) and the Metropolitan Council Environmental
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Services (MCES) for sanitary sewer extensions.
n 2. The Minnesota Department of Health for watennain extensions.
L.J 3. The Coon Creek Watershed District for grading, drainage, and erosion control.
4. Anoka County Highway Department for work being done in the county right-of-way.
n
L.J COMPLETION
,., All utility and street construction shall be completed by June 2003.
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L.J ESTIMATED CONSTRUCTION COST
n Included in the Appendix is a detailed estimate of construction costs for the utility and street
i
L.J improvements. The costs quoted within are estimates only and not guaranteed prices. Final
contracts will be awarded on a unit price basis. The contractor will be paid only for work completed.
n The costs are estimates based on current construction costs. No costs are included for easement or
i property acquisition.
L.J
n Estimated Construction Total Estimated Project
L.J Item Costs Per Item Costs (Includes
Expenses)
n Sanitary Sewer $31,388.50 $42,850.48
u Watennain $37,514.40 $51,213.35
Stonn Sewer $17,717.70 $24,187.58
n Streets & Restoration $62,258.90 $84,993.67
, Estimated Construction Cost $148,879.50 $203,245.09
u
n FINANCING
u
Estimated Construction Total Estimated Project
r; Item Costs Per Item Costs (Includes
L.J Expenses)
City of Andover $26,274.05 $35,868.41
n Developer $122,605.45 $167,376.68
u Estimated Construction Cost 148,879.50 $203.245.09
n
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ASSESSMENT
n
L..J Proposed assessments under this project (02-47) will be based on the total project cost.
Estimated assessment per unit = $17,590.64/unit
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PRELIMINARY ANDOVER SPECIAL ASSESSMENTS
n
u PROJECT NAME: Foxburah Crossin a PROJECT NO: 02-47
n FEASIBILITY STUDY: Date Januarv 7. 2003 Amount $148,879.50
LJ CONTRACTAWARD:Dme $
Amount
n FINAL CONTRACT COST: Amount $
u
Engineering (includes construction inspection) $32,753.49
n Aerial Mapping (1 % of street) 622.59
, Drainage Plan (0.3% of street/storm) 239.93
U
Administration (3%) 4,466.39
n Assessing (1%) Invoice 1 ,488.80
Bonding (0.5%) 744.40
u Legal & Easement 50.00
Advertising 500.00
n City Costs 1 ,000.00
u Street Signs 2,000.00
Testing 2,500.00
,..., Construction Interest 8.000.00
i Estimated Expenses $54,365.59
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EST. EXPENSES(% of Est. Const. Cost) = 36.5165% + $54,365.59
n
LJ ESTIMATED CONDEMNATION COST + $0.00
ESTIMATED CONSTRUCTION & EXPENSES COST = $203,245.09
n
, TRUNK SOURCE AND STORAGE:
U
Units ChamelUnit Total
n Watermain: Connection Charae 13 Units $2,146.00 $27 898.00
,
u Area Charge 8.40 AC 1,967.00 $16.522.80
Lateral Charge o LF 0.00 0.00
n San. Sewer: Connection Charge 13 Units 341.00 $4,433.00
u Area Charge 8.40 AC 1 ,252.00 $10,516.80
Lateral Charge o LF 0.00 0.00
Storm Sewer: Area Charge 0.00 AC 0.00 0.00
n TRUNK SOURCE AND STORAGE COST $59,370.60
+
u
City of Andover Cost (see sections C,E.G) - $26,274.05
n City of Andover Exoenses (36.5165% ) $9,594.36
-
u
TOTAL ESTIMATED PROJECT COST = $226,747.27
n OTHER COST
,
LJ Seal Coat: 1931 SY x $ 1.00/SY + $1,931.00
,.., TOTAL ESTIMATED ASSESSMENT = $228,678.27
I
u TOTAL ESTIMATED ASSESSMENT PER LOT:
n $228.678.27 113 Units = $17,590.641 Unit
U
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n 1. Sanitanl' Sewer
u Estimated Consbuction Cost $31,388.50
Expenses ( 36.5165%) $11 ,461.98
n $42,850.48
i Assessable Sanitary Sewer Cost:
u
$42,850.48 = $3,296.19/Unit
n 13 Units
,
u
n 2. Watennain
U Estimated Construction Cost $37,514.40
Expenses ( 36.5165% ) $13,698.95
n $51,213.35
u City of Andover Cost (see section C) - $2,200.00
City of Andover Expenses ( 36.5165% ) - $803.36
n $48,209.98
u Assessable Watermain Cost:
n $48,209.98 = $3,708.46/ Unit
13 Units
U
n 3. Stonn Sewer
:
U $17,717.70
Estimated Construction Cost
n Expenses (36.5165% ) $6,469.88
, $24,187.58
L.J
City of Andover Cost (see section E) - $3,755.40
n City of Andover Expenses (36.5165% ) - $1,371.34
w $19,060.84
Assessable Storm Sewer Cost:
n $19.060.84 $1,466.22 / Unit
=
LJ 13 Units
n
I 4. Streets & Restoration
U
Estimated Construction Cost $62.258.90
r: Expenses (36.5165% ) $22.734.77
,
L.J $84,993.67
n City of Andover Cost (see section G) - $20,318.65
City of Andover Expenses ( 36.5165% ) - $7,419.66
U $57.255.36
n Assessable Street & Restoration Cost:
LJ $57,255.36 = $4,404.26 / Unit
13 Units
n
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n 5
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n 5. Seal Coatina
, Seal Coat: 1931 SY x $ 1.00/SY $1,931.00
U
Assessable Seal Coating Cost:
n
. $1,931.00 = $148.54 / Unit
LJ 13 Units
n
u 6. Trunk Watennain Connection Charae
,., Connection: $2146/Unit x 13 Units $27,898.00
L.J Assessable Watermain Connection Cost:
$27,898.00 = $2,146.00 / Unit
,., 13 Units
u
n 7. Trunk Watennain Area Charae
L.J Area: $1967/AC x 8.40 AC $16,522.80
n Assessable Watermain Area Cost:
L.J $16,522.80 = $1,270.98 / Unit
13 Units
n
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8. Trunk SanitarY Sewer Connection Charae
,.,
, Connection: $341/Unit x 13 Units $4,433.00
U
Assessable Sanitary Sewer Connection Cost:
n
$4,433.00 = $341.00 I Unit
u 13 Units
n
u 9. Trunk SanitarY Sewer Area Charae
n Area: $12521AC x 8.40 AC $10,516.80
LJ Assessable Sanitary sewer Area Cost:
n $10.516.80 = $808.98 I Unit
i 13 Units
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n Summary:
L.J
Assessable Sanitary Sewer Cost $3,296.19
,..., Assessable Watermain Cost $3,708.46
Assessable Storm Sewer Cost: $1,466.22
u Assessable Street & Restoration Cost $4,404.26
Assessable Seal Coating Cost $148.54
,., Assessable Watermain Connection Cost $2,146.00
u Assessable Watermain Area Cost $1.270.98
Assessable Sanitary Sewer Connection Cost $341.00
n Assessable Sanitary sewer Area Cost $808.98
u TOTAL ESTIMATED ASSESSMENT PER LOT: $17,590.64
n 6
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L.J PROPOSED PROJECT SCHEDULE
,.., Foxburgh Crossing
LJ Utility and Street Improvements
City Project 02-47
,.., Andover, Minnesota
I
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,.., 1. City Council Receives Feasibility Report and Waives Public Hearing February 4, 2003
LJ
..., 2. Council Orders Project and Authorizes February 4, 2003
LJ City Engineer to Prepare Plans and Specifications
,.., 3. Engineer Submits Plans for Council Approval and March 4, 2003
LJ Receives Authorization to Advertise for Bids
,.., 4. Advertise in Official Newspaper and Construction Bulletin March 14,21 & 28, 2003
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5. Open Bids April 14, 2003
,..,
, 6. City Council Receives Bids and Awards Contract April 15, 2003
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n 7. Contractor Begins Construction May 12, 2003
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LJ 8. Contractor Completes Construction June,2003
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Foxburgh Crossing
n Utility and Street Improvements
LJ City Project 02-47
Andover, Minnesota
n
J Section A. Sanitary Sewer Improvements
n ITEM ESTlMA TED UNIT
LJ NMBR DESCRIPTION UNITS QUAN PRICE TOTAL
n 1 Mobilization L.S. 1 5000.00 $5,000.00
L.J
2 Connect to Existing Sanitary Sewer EA. 1 1000.00 $1,000.00
n
3 8" PVC SDR 35 San. Swr. O' -10' Depth L.F. 100 19.00 $1,900.00
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4 8" PVC SDR 35 San. Swr. 10' -12' Depth L.F. 170 20.00 $3,400.00
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L.J 5 8" PVC SDR 35 San. Swr. 12' -14' Depth L.F. 230 21.00 $4,830.00
r-, 6 standard Manhole L.F. 3 1400.00 $4,200.00
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7 Extra Depth manhole (over 101 L.F. 5.5 100.00 $550.00
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U 8 4" X 8" Wye EA. 13 60.00 $780.00
r-, 9 4" PVC SDR 26 Service Pipe L.F. 400 8.00 $3,200.00
L.J 10 4" PVC SDR 26 Cleanout EA. 13 75.00 $975.00
n 11 Abandon Existing Sewer Service EA. 4 300.00 $1,200.00
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12 Jet Clean Sanitary Sewer Mains L.F. 500 1.50 $750.00
n
LJ 13 Televising Sanitary Sewer Mains L.F. 500 1.50 $750.00
n
u Estimated Construction $28,535.00
10% Contingency $2,853.50
n Total Sanitary Sewer Construction $31,388.50
LJ
n
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n
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n
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n 8
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u
Foxburgh Crossing
n Utility and Street Improvements
u City Project 02-47
Andover, Minnesota
n
I
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Section B. Watennain Improvements
n
, ITEM ESTlMA TED UNIT
u NMBR DESCRIPTION UNITS QUAN PRICE TOTAL
n Connect to Existing Watermain Wet Tap EA. $3,500.00
; 1 1 3500.00
u
2 Connect to Existing Watermain EA. 1 750.00 $750.00
n
U 3 8" DIP Classs 52 Watermain L.F. 915 16.00 $14,640.00
n 4 8" MJ Resilient Seat Gate Valve EA. 2 700.00 $1,400.00
u
5 6" MJ Hub Hydrant EA. 2 1500.00 $3,000.00
n
U 6 Relocate Existing Valve and Hydrant EA. 1 2000.00 $2,000.00
n 7 MJ DIP Fittings LBS 1497 2.00 $2,994.00
I
u 8 1" Corporation Stop EA. 13 60.00 $780.00
n 9 '" Type K Copper Service L.F. 400 7.00 $2,800.00
I
u
10 1" Curb Stop and Box EA. 13 80.00 $1,040.00
n
,
u 11 Abandon Existing Water Service EA. 4 300.00 $1,200.00
n
u $34,104.00
Estimated Construction
n 10% Contingency $3,410.40
U Total Estimated Watermain Construction $37,514.40
n
u
n Section C. City Cost for Watermain Improvements (MSA Funded)
u ITEM ESTlMA TED UNIT
NMBR DESCRIPTION UNITS QUAN PRICE TOTAL
n
u 1 Relocate Existing Valve and Hydrant EA. 1 2000.00 $2,000.00
for rightturn lane
n
u Estimated Construction $2,000.00
10% Contingency $200.00
n Total Estimated Watermain Construction $2,200.00
U
n 9
;
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r-,
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Foxburgh Crossing
r-, Utility and Street Improvements
I City Project 02-47
LJ
Andover, Minnesota
r-,
LJ Section D. Stonn Sewer Improvements
,.,
ITEM ESTIMA TED UNIT
LJ NMBR DESCRIPTION UNITS QUAN PRICE TOTAL
r-, 1 Connect to Existing Storm Sewer L.S. 1 750.00 $750.00
LJ
2 15" RCP Class 5 Storm Sewer Pipe L.F. 236 22.00 $5,192.00
r-,
LJ 3 15" RCP Flared End Section wi Trash Guard EA. 3 700.00 $2,100.00
,., 4 Remove and Dispose Existing Catch Basin EA. 1 200.00 $200.00
LJ
5 Standard 4' Dia. Storm Manhole EA. 1 1200.00 $1,200.00
r-,
I 6 Standard 4' Dia. Storm Cone Type Catch Basi EA. 2 1000.00 $2,000.00
LJ
7 Standard 4' Skimmer Manhole EA. 1 2000.00 $2,000.00 '
,.,
LJ 8 Rip Rap Class 3 C.Y. 27 45.00 $1,215.00
1 9 Hay Fiber Blanket with Seed S.Y. 180 2.50 $450.00
LJ
10 Slit Fence L.F. 500 2.00 $1,000.00
,.,
LJ Estimated Construction $16,107.00
10% Contingency $1,610.70
,., Total Estimated Stonn Sewer Cost $17,717.70
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,., Section E. City cost for Stonn Sewer Improvements (MSA Funded)
LJ
ITEM ESTIMA TED UNIT
,., NMBR DESCRIPTION UNITS QUAN PRICE TOTAL
i
LJ 1 Connect to Existing Storm Sewer L.S. 1 750.00 $750.00
,.,
2 15" RCP Class 5 Storm Sewer Pipe L.F. 12 22.00 $264.00
LJ
3 Remove and Dispose Existing Catch Basin EA. 1 200.00 $200.00
r-,
I
LJ 4 Standard 4' Dia. Storm Manhole EA. 1 1200.00 $1,200.00
,., 5 Standard 4' Dia. Storm Cone Type Catch Basi EA. 1 1000.00 $1.000.00
I
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Estimated Construction $3,414.00
,., 10% Contingency $341.40
: Total Estimated Stonn Sewer Cost $3,755.40
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,., 10
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Foxburgh Crossing
,.., Utility and Street Improvements
I
u City Project 02-47
Andover, Minnesota
n
J
Section F. Street and Restoration Improvements
,..,
, ITEM ESTIMATED UNIT
U NMBR DESCRIPTION UNITS QUAN PRICE TOTAL
,..,
I 1 Remove & Dispose Existing Bituminous S.Y. 593 2.00 $1,186.00
LJ
2 Remove & Dispose Existing Concrete Curb L.F. 504 4.00, $2,016.00
,.., ,
LJ 3 Remove & Dispose Existing Concrete Sidewal S.F 2715 1.00 $2,715.00
n 4 Common Excavation C.Y. 272 6.00 $1,632.00
L.J
5 Subgrade Preparation R.S 4.7 100.00 $470.00
n
I 6 Aggregate Base Class 5 TN. 916 10.00 $9,160.00
LJ
,.., 7 Surmountable Concrete Curb & Gutter L.F. 1025 8.50 $8,712.50
LJ 8 B618 Concrete Curb & Gutter L.F. 429 8.00 $3,432.00
n 9 Concrete Valley Gutter EA. 1 1800.00 $1,800.00
I
U
10 4" Concrete Sidewalk S.F. 2975 2.50 $7,437.50
,..,
I
LJ 11 Adjust Existing Valve Box EA. 1 150.00 $150.00
n 12 MnDot 2350 Type 4LV Bituminous Base TN. 304 32.00 $9,728.00
u 13 MnDot 2350 Type 4L V Bituminous Wear TN. 240 34.00 $8.160.00
,..,
14 Topsoil Borrow C.Y. 100 10.00 $1,000.00
LJ
15 Seeding MnDot Mixture No. 600 AC. 3.7 750.00 $2,775.00
n
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Estimated Construction $56,599.00
,.., 10% Contingency $5,659.90
LJ Total Estimated Street & Rest. Cost $62,258.90
n
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,.., 11
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,..,
LJ
Foxburgh Crossing
,.., Utility and Street Improvements
u City Project 02-47
Andover, Minnesota
,..,
I
u
Section G. City Cost for Street and Restoration Improvements (MSA Funded)
n
u ITEM ESTlMA TED UNIT
NMBR DESCRIPTION UNITS QUAN PRICE TOTAL
,..,
: 1 Remove & Dispose Existing Bituminous S.Y. 173 2.00 $346.00
u
2 Remove & Dispose Existing Concrete Curb L.F. 367 4.00 $1,468.00
,..,
u 3 Remove & Dispose Existing Concrete Sidewal S.F 1725 1.00 $1,725.00
n 4 B618 Concrete Curb & Gutter L.F. 367 8.00 $2,936.00
U
5 Common Excavation C.Y. 198 6.00 $1 ,188.00
n
, 6 Aggregate Base Class 5 TN. 237 10.00 $2,370.00
u
n 7 4" Concrete Sidewalk S.F. 1725 2.50 $4,312.50
LJ 8 Adjust Existing Valve Box EA. '1 150.00 $150.00
n 9 MnDot 2350 Type 4LV Bituminous Base TN. 69 32.00 $2,208.00
I
u
10 MnDot 2350 Type 4LV Bituminous Wear TN. 52 34.00 $1,768.00
n
u 14 Topsoil Borrow C.Y. 60 10.00 $600.00
n 15 Seeding MnDot Mixture No. 600 AC. 0.15 750.00 $112.50
u
n Estimated Construction $18,471.50
J 10% Contingency $1,847.15
Total Estimated Street & Rest. Cost $20,318.65
n
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