HomeMy WebLinkAboutCC May 6, 2003
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW,CLANDOVER,MN.US
Regular City Council Meeting - Tuesday, May 6, 2003
Executive Session - 6:00 p.m.
Kottkes' Special Assessments
Call to Order -7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (4-15-03 Regular; 4-23/03 Special)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Raffle and Bingo Permit/Andover Family Fun Fest - Clerk
4. Consider Request/Pov's Sports Bar & GrilUOutdoor Concert & Extension of Liquor License - Clerk
5. Approve Temporary 3.2% Malt Liquor LicenseILions Club/Andover Family Fun Fest - Clerk
6. Approve Negative Declaration on Need for EIS/Comments on EA W for Andover Station North -
Planning
7. Approve Lot Split/838 Crosstown Blvd. - Planning
8. Approve Final PlatIWoodland Creek Golf Course Villas - Planning
" 9. Accept Drainage & Utility Easement GrantlRural Reserve Trunkl03-2/Woodland Creek Golf Villas -
, / Engineering
10. Award Bid/02-43/Sunshine Park Soccer Field Lighting - Engineering
11. Award Bid/Streets & Utilities/02-49/Woodland Estates 4th Addition - Engineering
12. Accept Feasibility Report/Waive Public Hearing/03-17/l4027 Crosstown Boulevard NW/WM-
Engineering
13. Accept Feasibility Report/Order Public Hearing/02-39/Red Oaks Manor 1 st_4th Additions and Unplatted
Portions of Sections 33 & 34/Street Lighting - Engineering
14. Accept Petition/Order Feasibility Report/03-18/16150 Crosstown Boulevard NW (Constance Free
Church)/SS & WM - Engineering
15. A ward Bid/Streets & Utilities/02-50/Maple Hollow - Engineering
16. Approve Quote/02-2/Sunshine Park Picnic Shelter - Engineering
17. Award Bid/03-3/2003 Crack Sealing - Engineering
18. Award Bid/03-4/2003 Seal Coating - Engineering
19. Award Bid/03-6/2003 Overlay - Engineering
20. Approve Change Order #2/99-15/Water Treatment Plant - Engineering
21. Approve Variance/Temporary Living Quarters/l5451Prairie Road - Planning
22. Approve Ordinance No. 205B Amendment/Adopt New State Building Code - Building
Discussion Items
23. Public Hearing/Abatement of Nuisance /Dog - Clerk
24. Consider Park & Recreation Commission Recommendation/Skateboard ParklO 1-5 - Engineering
25. Consider Amending Ordinance No. 266/Modifying Rental Housing Licensing - Planning
26. Consider Comprehensive Plan Amendment/Adopting Park Study Addendum - Parks
27. Consider Amendment to Ordinance lO/Park Dedication Fees - Parks
, -' 28. Consider New City Logo Design - Planning
Andover Regular City Council Meeting
/ '\ Tuesday, May 6, 2003
\, / Page Two
-
29. Consider Youth First Donation - Finance
Staff Item
30. Consider Developers Request to Study Extension of Sanitary Sewer/Harstad Companies - Planning
31. Consider Property Owners Request/Expand MUSA to Allow Sewer Extension/Boyum Family - Planning
32. Consider Developer RequestfWoodland DevelopmentIMUSA Swap (Continued) - Planning
33. Authorize Expenditure/03-19/Cleaning of County Ditch 57-Branch No.5 - Engineering
34. Consider Ordering Plans & Specs/03-1/Prairie Knoll Park - Engineering
35. Schedule City Council Workshop/Community Center Project - Administration
Mayor/Council Input
Adjournment
Executive Session:
a. City Administrator Performance Evaluation - Administration
:- )
\,
/
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.C1,ANDOVER.MN.US
/
Regular City Council Meeting - Tuesday, May 6, 2003
Executive Session - 6:00 p.m.
Kottkes' Special Assessments
Call to Order - 7 :00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (4-15-03 Regular; 4-23/03 Special)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Raffle and Bingo Permit/Andover Family Fun Fest - Clerk
4. Consider Request/Pov's Sports Bar & GrilVOutdoor Concert & Extension of Liquor License - Clerk
5. Approve Temporary 3.2% Malt Liquor License/Lions Club/Andover Family Fun Fest - Clerk
6. Approve Negative Declaration on Need for EIS/Comments on EA W for Andover Station North -
Planning
7. Approve Lot Split/838 Crosstown Blvd. - Planning
8. Approve Final PlatIWoodland Creek Golf Course Villas - Planning
9. Accept Drainage & Utility Easement Grant/Rural Reserve TrunkJ03-2/Woodland Creek Golf Villas -
Engineering
10. Award Bid/02-43/Sunshine Park Soccer Field Lighting - Engineering
11. Award Bid/Streets & Utilities/02-49/Woodland Estates 4th Addition - Engineering
12. Accept Feasibility Report/Waive Public Hearing/03-17/14027 Crosstown Boulevard NW!WM -
Engineering
13. Accept Feasibility Report/Order Public Hearing/02-39/Red Oaks Manor 1 st_4th Additions and Unplatted
Portions of Sections 33 & 34/Street Lighting - Engineering
14. Accept Petition/Order Feasibility Report/03-18/16150 Crosstown Boulevard NW (Constance Free
Church)/SS & WM - Engineering
15. A ward Bid/Streets & Utilities/02-50/Maple Hollow - Engineering
16. Approve Quote/02-2/Sunshine Park Picnic Shelter - Engineering
17. Award Bid/03-3/2003 Crack Sealing - Engineering
18. Award Bid/03-4/2003 Seal Coating - Engineering
19. Award Bid/03-6/2003 Overlay-Engineering
20. Approve Change Order #2/99-15/Water Treatment Plant - Engineering
21. Approve Variance/Temporary Living Quarters/15451Prairie Road - Planning
22. Approve Ordinance No. 205B Amendment/Adopt New State Building Code - Building
Discussion Items
23. Public Hearing/Abatement of Nuisance /Dog - Clerk
24. Consider Park & Recreation Commission Recommendation/Skateboard ParkJOI-5 - Engineering
25. Consider Amending Ordinance No. 266/Modifying Rental Housing Licensing - Planning
26. Consider Comprehensive Plan Amendment/Adopting Park Study Addendum - Parks
27. Consider Amendment to Ordinance 10/Park Dedication Fees - Parks
28. Consider New City Logo Design - Planning
Andover Regular City Council Meeting
Tuesday, May 6, 2003
Page Two
29. Consider Youth First Donation - Finance
Staff Item
30. Consider Developers Request to Study Extension of Sanitary SewerIHarstad Companies - Planning
31. Consider Property Owners RequestlExpand MUSA to Allow Sewer ExtensionIBoyum Family - Planning
32. Consider Developer RequestfWoodland Development/MUSA Swap (Continued) - Planning
33. Authorize Expenditure/03-19/Cleaning of County Ditch 57-Branch No.5 - Engineering
34. Consider Ordering Plans & Specs/03-I/Prairie Knoll Park - Engineering
35. Schedule City Council Workshop/Community Center Project - Administration
Mayor/Council Input
Adjournment
Executive Session:
a. City Administrator Performance Evaluation - Administration
CD
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 Adrninistrato~
FROM: Vicki V olk, City Clerk
SUBJECT: Approval of Minutes
DATE: May 6, 2003
INTRODUCTION
The following minutes have been provided by TimeSaver Off Site Secretarial Service for
Council approval:
April 15, 2003 Regular Meeting
April 23, 2003 Special Meeting
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
copies, please call.
ACTION REOUIRED
The City Council is requested to approve the above listed minutes.
Respectfully submitted,
UiJ~
Vicki V olk
City Clerk
@
/ CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.' ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,C!.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: . John Erar, City Administrator
Jirn Dickinson, Finance Director
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Payment of Claims
DATE: May 6, 2003
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of
Andover.
DISCUSSION
Claims totaling $130,997,18 on disbursement edit lists #1-8 from 04/18/03 thru 05/02/03 have
, been issued and released.
Claims totaling $332,697,22 on disbursement edit list #9 05/06/03 will be issued and released
upon approval.
BUDGET IMP ACT
The edit lists consist of routine payments with expenses being charged to various department
budgets and projects.
ACTION REOUIRED
The Andover City Council is requested to approve total claims in the amount of $463,694.40,
Please note that Council Meeting minutes will be used as documented approval rather than a
signature page.
Respectfully submitted,
tL;j~
Lee Brezinka
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/
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MlNNESOT A 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.C1.ANDOVER.MN,US
TO: Mayor and Councilmembers
CC: John Erar, City Administrator1v
FROM: Vicki V olk, City Clerk
SUBJECT: Approve Raffle and Bingo Permit/Andover Family Fun Fest
DATE: May 6, 2003
INTRODUCTION
The Andover Family Fun Fest has requested a raffle and bingo permit for this year's Fun Fest.
DISCUSSION
The 8th Annual Andover Family Fun Fest will be held June 27 and 28, 2003. As a part of the
festivities, a raffle and bingo games will be conducted. State law requires a permit be applied
for, approved by the City Council and the State Gambling Control Board.
Attached is a copy of the permit application.
ACTION REOUIRED
The City Council is requested to approve a raffle and bingo permit for the Andover Family Fun
Fest for June 27 and 28, 2003.
Respectfully submitted,
d:.L U.dL
Vicki V olk
City Clerk
Minnesota Lawful Gambling Page 1 of2 3/01
LG220 Application for Exempt Permit Fee - $25 For BoartfUse Only
Fee Paid
Organization Information Check No.
Organization name Previous lawful gambling exemption number
Andover Famil y FUn Fest X-05941-02-001
Street City SlatelZip Code County
If;Rl; rrn~-town Rlvd .Ill1tlnvpr MN 1)5304 Anol<r>
Name of chief executive offICer (CEO)
First name Last name Daytime phone number of CEO
John Erar 763-755-5100
Name of treasurer Daytime phone number of
First name Last name treasurer:
Victoria Volk 763-767-5102
Type of Nonprofit Organization
Check the box that best describes your organization:
o Fraternal 0 Religious
o Veteran E;J Other nonproflt organization
Check the box that indicates the type of proof your organization attached to this application:
o IRS letter indicating income tax exempt status
o Certificate of Good Standing from the Minnesota Secretary of State's Office
D A charter showing you are an affiliate of a parent nonprofit organization
Q Proof previously submitted and on file with the Gambling Control Board
Gambling Premises Information
Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place)
Andover CItv Hall
Address (do not use PO box) City State!Zip Code County
685 Crosstown Blvd. Andover MN 55304 Anoka
Date(s) of activity (for raffles, indicate the date of the drawing)
Bingo - June 27th and 28th. Ra ffl e - ~une 28.2003
Check the box or boxes that indicate the type of gambling activity your organization will be conducting:
p "Bingo Ii] Raffles (cash prizes may not exceed $12,000) D "Paddlewheels D "Pull-Tabs D *Tipboards
"Equipment for these activities must be obtained from a licensed distributor.
This form will be made available in Your name and and your organization's the folloWing: Board members, staff of the
alternative 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 Pub6c Safely;
used by the Gambling Control Board data about you until the Board issues your the Minnesota Attorney General; the
(Board) to determine your qualifications to permit. When the Board issues your Minnesota Commissioners of
be involved in lawful gambling 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 public. international 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 an 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
J 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 Permit Page20f2
3101
Organization Name Annnvpr F;lmil y Fit" Fe<;t
Local Unit of Government Acknowledgment
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.
o The city approves the application with no o The county approves the application with no
waiting period. waiting period.
o 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
permit after 30 days (60 days for a first class permit after 30 days.
city).
o The city denies the application. o The county denies the application.
Print name of city Andover Print name of county
(Signature of city personnel receMng application) (Signature of county personnel receMng application)
Title
Title Date_'_'_
Date_'_'_ TOWNSHIP: On behalf of the township, I acknowledge that
the organization is applying for exempted gambling actMty
within the township limits. [A township has no statutory
authority to approve or deny an application (Minn. Stal sec.
349.213, subd. 2).]
Print name of township
(Signature of township official acknowledging apprlCation)
Title
Date_'_'_
Chief Executive Officer's Signature
The information provided in this apPliijn iscomp ~Jd accurate to the best of my knowledge.
. jJ. ~/! /
Chief executive offICer's signature /./ . ,j/b./L/~
f v 1 /-
Name (please print) 1 ~ .. n [" _ ~ _I Date I I
Mail Application and Attachments
At least 45 days prior to your scheduled actMty 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 govemment or
Application fees are not prorated, refundable, or transferable. has been denied, do not
Send to: Gambling Control Board send the application to the
\ 1711 West County Road 8, Suite 300 South Gambling Control Board.
Roseville, MN 55113
LG220 Application for Exempt Permit, Information Sheet 3/01
Who may be issued An exempt permit can be issued to nonprofit organizations conducting lawful gambling
an exempt permit? actMty on five or fewer days, and awarding less than $50,000 in prizes during a calendar
year. (Raffles: Total cash prizes for a raffle may not exceed $12,000.)
Separate Complete a separate application for each occasion. An occasion may be either:
applications 1. One day of gambling activity.
required . If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you
must submit a separate application and fee for each activity date.
-OR-
2. Two or more consecutive days of gambling actMty.
. If your organization wants to conduct gambling on July 3,4, and 5 at the same site, you
may submit only one application and one fee.
Raffle: If you are conducting a raffle, each day a drawing is held constitutes one day of
gambling. If drawings are held on more than fIVe days in a calendar year, your organization
must obtain an organization license, a gambling manager's license, and a premises permit.
How to obtain a copy of proof of nonprofit status
Minnesota Secretary of State IRS Income Tax Exemption
Certificate of Good Standina - Nonprofit Articles OR Under a national oraanization
of Incorooration If your organization falls under a national organization,
Attach a copy of your organization's Certificate attach both of the following:
of Good Standing (317 A) showing incotpOration 1. a copy of the IRS letter showing that your national
as a nonprofit organization. organization has been a registered nonprofit 501 (c)
organization and carnes a group ruling, and
This certificate can be obtained from the 2. a copy of the charter, or letter from your national
Minnesota Secretary of State: organization, recognizing your organization as a
subordinate.
Minnesota Secretary of State Not under a national oraanization
Business Services DMsion
180 State Office Building If your organization does not fall under a national
organization, attach a copy of the IRS income tax
St. Paul, MN 55155 exemption [501 (c)] letter in the name of your
Phone: 651-296-2803 organization, showing income tax exempt status.
To obtain a copy of your federal income tax exempt
letter, send yourfederallD number and the date your
organization initially applied for tax exempt status to:
IRS
P.O. Box 2508
Room 4010
Cincinnati,OH 45201
Sales tax exempt status or federal 10 employer numbers are not proof of income tax exempt status.
Financial report . A financial report form and instructions will be sent with your permit.
and recordkeeping . Complete and return the financial report form to the Board within 30 days of your date of
required activity.
. Your organization must keep its gambling records for 3-1/2 years.
Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a TTY,
you can call the Board by using the Minnesota Relay Service and ask to place a call to
651-639-4000. Or, check our Web site at www.gcb.state.mn.us.
@
,
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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 Councilmembers
CC: John Erar, City AdministratoF
FROM: Vicki V olk, City Clerk
SUBJECT: Consider Request/Pov's Sports Bar & Grill/Outdoor Concert & Extension of
Liquor License
DATE: May 6, 2003
INTRODUCTION
Pov's Sports Bar & Grill has asked that they be allowed to have outdoor concerts during the Fun
Fest weekend, June 27 and 28, 2003. They have also asked that they be allowed to extend their
liquor license to cover the area where the concerts will be held.
DISCUSSION
Over the last several years, with Council approval, Pov's Sports Bar & Grill has had outdoor
concerts during the Fun Fest weekend and served alcohol outside of the bar. Attached is a letter
from Brad Povlitzki. Mr. Povlitzki has informed staff that his insurance will cover the area
outside of the bar where alcohol is served~
ACTION REQUIRED
Staff recommends approval of the request with the condition that Mr. Povlitzki notify the
surrounding property owners to inform them of the concerts.
Respectfully submitted,
~ ()ffi
Vicki V olk
City Clerk
4-10-03
Members oftlte Andover City Council-
Pov's Sportsbar would like to request permission to have
our annual outdoor concert coinciding witlt Andover Days.
The event would take place on our softball fields in tlte same
spot it's been each year.
The date would be Friday and Saturday June 27tlt and 28tlt,
from 7fl.m. till midnight. It's been an honor to be a part of this
celebration and I hope to continue this outdoor event.
Thank you for your time and concederation-
~<~
Povs sportsbar and grill
AJ~() -/.. 'J /:te -fCI {'0 ves+- (UJ'/"I il r; iJ,...,
-to e,.><+0J f'r\r /''700''- l,c_D-'\) ( Cll/r- 1"6 14 f;e/if
~~r t-kt Ca.,'" !'+- 0..... t"\...<:., :2 '7 T~ IY :8'n:
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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 Councilrnembers
CC: John Erar, City Administrato1-
FROM: Vicki V olk, City Clerk
SUBJECT: Approve Temporary 3.2% Malt Liquor License/Lions Club/
Andover Family Fun Fest
DATE: May 6, 2003
INTRODUCTION
The Andover Lions Club has submitted a request for a license to sell 3.2% malt liquor at the
Andover Family Fun Fest June 27 and 28, 2003.
DISCUSSION
The Lions Club has completed the application for a temporary 3.2% malt liquor license.
A current certificate of insurance has been provided.
ACTION REOUIRED
The City Council is requested to approve a temporary 3.2% malt liquor license for the Andover
Lions Club for the Andover Family Fun Fest, June 27 and 28, 2003.
Respectfully submitted,
U()~
Vicki V olk
City Clerk
CITY OF ANDOVER, MINNESOTA
It:/'YIPOP-f\ f, <!
COMBINATION APPLICATION FOR RETAILERS (ON-SALE) (OFF-SALE) NON-INTOXICATING MALT
LIQUOR LICENSE.
To the City of Andover, County of Anoka.
I, -Rflnf1r=y fI, ~)", J./ tJ ,~OU . of the City of /J Iof 1711 \IF P, County of If IUO lelf
hereby make application for the following license(s): (Off-Sale) (On-Sale) (Tavern) (Bottle Club)
(public Drinking Place) (Combination), established pursuant to an Ordinance passed by the Andover City
Council.
Date license will be used Jf,.\~ .::J.7IZ~ Location /6:>!~ CRIJS'>TIJ uJ ).j
For the past ~ears my residence has been as follows: 17../,,,, II PL II IV Dt:' i2~' IV J
1:),.11)0 II ) .l:/lId
Iwasborn Ji/,'f::" Z"5 195 <;'" at 1-/6 F',c A/} If JJ M tJ
month day year City, Vil(age, or Town
Sr A f\j Do V FJ2.. LI 010 S
I am the ).."... V, r. of
Title, Officer Name of Organization
located at the following address c2o<f3 /5'81tf A V I/ftJDOoJEk)Mt..f.
I
The organization was incorporated OCTO l3Ee, (9ft{- . The name and address of
,
date of incorporation
the officers are as follows:
~/~ \~~~I ~-S
~17 I ~NJ ; ~J, p,
I agree, as part of this application, to furnish a list of all other persons, firms, or corporations having an
interest in the licensed organization. 1 will notify the City of Andover of any change in legal ownership or
beneficial interest in such organization.
1 am_ am notL engaged in the retail sale of intoxicating liquor.
1 have_ have not 1/ had an application for licenses rejected previously.
I have_ have not..JL been convicted of a felony or of violating any national or state liquor law or local
ordinance relating to the manufacture, sale or transportation of intoxicating liquor.
Gambling or gambling devices will not be permitted on the licensed premises.
I have no intention or agreement to transfer this license to another person.
I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to
inspect my premises and agree to the forfeiture of my license if found to have violated the provisions of the
ordinance providing for the granting of this license.
1 hereby solemnly swear that the foregoing statements ar
~
License Fee: $75.00 per year
(f)
/
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrato~
Will Neumeister, Community Development DirectortVdv--...
FROM: D. Tyler Mckay, Associate Planner1J1 ~
SUBJECT: Approve Negative Declaration on the Need for EIS/Comments on EA W for
Andover Station North--Planning
DATE: May 6, 2003
INTRODUCTION
The City Planning Staff has worked with a consultant to prepare and distribute the
Environmental Assessment Worksheet (EA W) for the mandatory 30 day review period.
, Comments on the EA W were received from the following six agencies: Minnesota Department
I of Natural Resources (DNR), Minnesota Pollution Control Agency (MPCA), Metropolitan
Council, Anoka Conservation District, Anoka County Highway - Traffic and Transportation, and
the Army Corps of Engineers.
The comments of each agency have been summarized in the attached "Record of Decision". In
the "Record of Decision", each comment was listed and below it is a response and/or description
of how the comments and concerns of each agency have or will be addressed in the development
process.
EA W SCOPE/BACKGROUND INFORMATION
The Andover Station North site is approximately 100-acres, and is located north of Bunker Lake
Boulevard, south of the WDE Landfill site, and west of Hanson Boulevard. The City of Andover
is interested in developing this site into a quality commercial development that will also have a
medium to high-density residential component. An Environmental Assessment Worksheet
(EA W) was prepared to evaluate the potential for significant environmental impacts pursuant to
EQB Rule 4410.4300, subpart 32. (Mixed Residential and Industrial-Commercial Projects).
Andover Station North EA W Record of Decision: It is the finding of the City of Andover (RGU)
that potential environmental impacts associated with the proposed Andover Station North
Development shall be mitigated in an acceptable manner and therefore an Environmental Impact
Statement is not necessary.
Mitigation of potential environmental impacts shall be achieved by the following means:
. Through revisions to the proposed subdivision design;
. Conditions to plat, site plan and building permit approvals;
. Compliance with Restrictive Covenants and City Ordinances;
. The Andover Station North property is owned by the City EDA and the City EDA is
already addressing environmental issues by such actions as having Phase I and Phase II
Environmental Site Assessment completed. The City EDA owns the site and will ensure
that environmental impacts will be property mitigated; and
. Permit conditions or other actions of various public regulatory authorities including, but
not limited to the City of Andover, Anoka County, the Anoka Conservation District, the
Minnesota DNR, and the MPCA.
ACTION REQUESTED
The Council is requested to approve the resolution regarding the "Record of Decision" that
makes a "Negative Declaration" on the need for further study and/or an Environmental Impact
Statement (EIS) on the future project known as "Andover Station North". The Staff requests the
Council authorize the "Record of Decision" to be sent to all agencies to follow up on the
comments that were received and this would conclude. the EA W review process as required by
Statute.
,
Respectfully Submitted,
0:(1
Tyler Mc ~y
Associate Planner
-2-
CITY OF ANDOVER
Resolution #
/
Record of Decision for the
Andover Station North EA W
(Adopted by Andover City Council -- May 6, 2003)
SUMMARY OF ACTION
The Andover Station North site is approximately IOO.acres in size, and is located north of
(
Bunker Lake Boulevard, south of the WDE Landfill site, and west of Hanson Boulevard. The
City of Andover is interested in developing this site into a quality commercial development that
will also have a medium to high-density residential component. An Environmental Assessment
Worksheet (EA W) was prepared to evaluate the potential for significant environmental impacts
pursuant to EQB Rule 4410.4300, subpart 32. (Mixed Residential and Industrial-Commercial
Projects).
Andover Station North EA W Record of Decision: It is the finding of the City of Andover (RGU)
that potential environmental impacts associated with the proposed Andover Station North
Development shall be mitigated in an acceptable manner and therefore an Environmental Impact
Statement is not necessary. Mitigation of potential environmental impacts shall be achieved by
the following means:
I
. Through revisions to the proposed subdivision design;
. Conditions to plat, site plan and building permit approvals;
. Compliance with Restrictive Covenants and City Ordinances; and
. Permit conditions or other actions of various public regulatory authorities including, but
not limited to the City of Andover, Anoka County, the Anoka Conservation District the
Minnesota DNR, and the MPCA.
The City of Andover further recognizes the following findings of fact in conjunction with a
negative declaration on the need for an EIS for the proposed Andover Station North
Development:
1. Comparing environmental impacts that may be reasonably expected to occur from the
proposed project with the criteria contained in Minnesota Rules 4410.1700, subpart 7, the
Council finds that the proposed project does not have the potential for significant
environmental effects.
2. The type, extent and reversibility of environmental effects have been considered and they
do not contain the potential for significant environmental effects.
3. The cumulative potential of environmental effects of related or anticipated future projects
will not create the potential for significant environmental effects.
-3-
4. The extent to which the environmental effects are subject to mitigation by ongoing public
regulatory authority indicates that this proposed project does not have the potential for
significant environmental effects.
/ 5. The extent to which environmental effects can be anticipated and controlled as a result of
other environmental studies undertaken by public agencies and the project proposer has
been considered and it indicates that this proposed project does not have the potential for
significant environmental effects.
The balance of this "record of decision" provides background information regarding the
Andover Station North Development EA Wand responses to agency comments received
following EA W Distribution.
EAWCOMMENTS:
Public Hearings were held, and the Andover Station North EA W was distributed as required for a
3D-day comment period (that ended April 16, 2003). Written comments were received from the
following six agencies: Minnesota Department of Natural Resources (DNR), Minnesota
Pollution Control Agency (MPCA), Metropolitan Council, Anoka Conservation District, Anoka
County Highway- Traffic and Transportation, and the Army Corps of Engineers.
The comments of each agency have been summarized below. Following each summary is a
description of how the comments and concerns of each agency have or will be addressed in the
development process.
The response to a number of the comments is listed "duly noted." This response is intended to
reflect a position by the City of Andover that the various issues or concerns referenced have been
noted and will be appropriately addressed to avoid or mitigate unacceptable environmental
impacts.
MINNESOTA DEPARTMENT OF NATURAL RESOURCES (DNR)
COMMENT
Land Use (Item No.9)
The Central Anoka County Trail follows along Bunker Lake Blvd. (CRII6) at the south end of
the project site. For additional information about the trail and how it might be affected by the
proposed project, contact Anoka County Parks & Recreation at 612-757-3920.
RESPONSE
Duly Noted.
COMMENT
Cover Types (Item No. 10)
This item shows an increase in impervious area to 68 acres from the current zero acres. This is a
significant increase in impervious area, relative to the size of the site. Stormwater ponding will
have to be sized and designed to protect not just the receiving waters downstream of wetland No.
2-616W, but the wetland itself.
J
-f-
RESPONSE
Duly Noted.
COMMENT
Physical Impacts on Water Resources (Item No. 12)
As noted in the EA W, public waters wetland No. 2-616W, which is part of the Wetland B
complex, is just off-site to the southwest. There isn't a public water wetland on the site. A
permit may be required if the stormwater outfall from Andover Station site is proposed below the
ordinary high water level of wetland 2-616W.
RESPONSE
Duly Noted.
COMMENT
Water Use (Item No. 13)
The EA W indicates that dewatering of the site will occur as necessary. A DNR water
appropriation permit will be required if dewatering exceeds 10,000 gallons per day or one million
gallons per year.
RESPONSE
Duly Noted.
COMMENT
Water Ouality - Surface Water Runoff (Item No. 17)
/ The EA W addresses post-development runoffrates. We recommend that post-development
runoff volumes also not exceed pre-development volumes. We encourage the city to promote
infiltration unless there are difficulties with the proximity to the WDE landfill or contamination
resulting from operation of the salvage yard.
RESPONSE
Duly Noted
MINNESOTA POLLUTION CONTROL AGENCY (MPCA)
COMMENT
Storm-water Runoff (page II)
As noted in Item 8, this project would require the application for and issuance of a National
Pollutant Discharge Elimination System (NPDES) General Storm Water Permit for Construction
Activity. This project would replace the existing vegetation with approximately 68 acres of new
impervious surface, requiring the need for permanent wet sedimentation ponds. The EA W
indicates that wet sedimentation ponds will be designed to National Urban Runoff Program
standards. The wet sedimentation ponds must be designed to meet the requirements of the
NPDES General Storm Water Permit.
-s--
The application for the NPDES General Storm Water Permit must be submitted at least 30 days
prior to commencing construction and be accompanied by a Storm Water Pollution Prevention
, Plan. Questions regarding the MPCA's Storm Water Permit Requirements may be directed to
Keith Cherryholmes at 651-296-6945.
RESPONSE
Duly Noted.
COMMENT
Needed HighwayIRoadway Improvements (page 22)
Mixed Solid Waste (garbage) exists under Hanson Boulevard. This is a high concern to MPCA
staff should the boulevard be expanded into four lanes and if the expansion is designed on the
west side of Hanson Boulevard. Depending on how far the expansion would be from the existing
roadway, the construction could run into the landfill cap as well. This would be very costly to
manage and may result in the need to redesign the WDE Landfill site in this area. The MPCA
and/or the state of Minnesota would not be responsible for any costs for changes to the landfill
redesign or cap from this activity.
RESPONSE
The City will work with the County and the MPCA to prevent any adverse impacts to the landfill.
COMMENT
Restrictive Covenants and Building Restrictions (page 17 and figures C and E)
The High Density Residential footprint must be reduced so that the area does not intersect the
.I 200-foot gas ordinance and "no development or alteration" buffer. The same applies to the
proposed Commercial area located just to the south ofthe WDE Landfill. The MPCA staff
recommends that a 200-foot and 500-foot line be identified on the figure/map to denote a no
development line and no dewatering line.
The MPCA Closed Landfill Program staff received a figure entitled "Andover Station Site 2:
Wetland Mitigation dated March 11,2003" from the city of Andover staff at a meeting held at
City Hall on March 12,2003. Closed Landfill Program staff comments regarding the figure state
that the northern wetland must be moved south and be located out of the 200-foot "no
development or alteration" buffer area as documented in the City of Andover Deed Conditions.
RESPONSE
The City will comply with the 200-foot "no development or alteration" buffer, as noted on page
17, of the Andover Station North EA W: "In order to safeguard public health, and safety various
restrictive covenants have been placed against the Andover Station North Site." In addition to
the 200-foot "no development or alteration" buffer, these restrictions also establish safeguards for
protection of building occupants (for buildings that may be sited between 200 and 500 feet from
the WDE Landfill boundary) from infiltration oflandfill gas and restrictions/requirements for
dewatering. In order to strengthen its ability to enforce these requirements the Andover City
Council included specific provisions in City Ordinance 19P (adopted April 4, 1995) that address
the development and dewatering restrictions referenced by MPCA.
~C-
The Figure entitled "Andover Station Site 2" mentioned at the March 12, 2003 meeting between
MPCA Staff and City Staff was only a concept and not final. No new "mitigation wetlands" will
be located within the 200-foot buffer.
METROPOLITAN COUNCIL
COMMENT
Item 8 - Permits and Approvals Required
Sanitary sewer service connection plans for the proposed project will need to be submitted to the
Metropolitan Council Environmental Service Municipal Services stafffor review, comment, and
issuance of a construction permit before connection can be made to either the municipal or
metropolitan wastewater disposal system.
RESPONSE
Duly noted.
COMMENT
Item 11- Fish. Wildlife and Ecologically Sensitive Resources
The EA W states that the Blanding's Turtle, a state-listed threatened species, has historically been
observed in the vicinity of the project site. Given the presence of wetlands and sandy soils on the
site, and the understanding that Blanding's Turtles are known to travel up to one mile from
wetland feeding areas to upland nesting areas, it is quite possible that they may traverse portions
of this proposed development area.
j The EA W states that the woodland area on the western portion of the site is dominated by mature
Red and Bur Oak trees. Council encourages the city to preserve as much of this mature
woodland as possible as an amenity for the project. We encourage the city to prepare and
implement a tree preservation ordinance to assist in this matter, if one is not already in place.
RESPONSE
Duly noted. The City views the mature Red and Bur Oak trees present on western portion of the
site as an amenity and will make best efforts at preservation.
COMMENT
Item 25 - Nearby Resources
Item 25-C should be checked "yes". Central Anoka County Regional Trail parallels Bunker Lake
Boulevard and provides access to the 1,772 acres of the Bunker Hills Regional Park that is
located southeast of the intersection of Bunker Lake and Hanson Boulevards. This development
should include a safe, convenient, and attractive local trail connection to the Regional Trail and
Regional Park. The Regional Park provides significant high quality natural areas and benefits
from the preservation and restoration of natural habitat and water quality in the areas surrounding
the park. A conservation-oriented design for the project will help preserve and improve the
habitats for plants, birds and wildlife.
/
-7-
RESPONSE
Duly Noted. The City will encourage connections from the site to the Regional Park & Trails.
ANOKA CONSERVATION DISTRICT
COMMENT
The applicant wishes to utilize sequencing flexibility for the wetland impacts on the site. This
needs to be evaluated by the Technical Evaluation Panel (TEP) utilizing the Minnesota Routine
Assessment Method for Evaluating Wetland Functions or other equivalent assessment method as
stated in Ch. 8420.0520 subp. 7a. I would suggest conducting a TEP as soon as possible to
reduce any inconvenience with possible design changes as a result of this meeting.
RESPONSE
Duly noted. The City will work with TEP through the design process.
ANOKA COUNTY HIGHWAY - TRAFFIC & TRANSPORT A TION
COMMENT
A. Page 17 begins the detailed discussion related to traffic and transportation issues for the site.
As is pointed out in the text, increased vehicular traffic will be one of the most significant
impacts of the development. The EA W speaks to three key intersections: Bunker Lake
Boulevard at Hanson Boulevard, Bunker Lake Boulevard at Jay Street, and Hanson
Boulevard at 139th Lane. However, it appears that there are other intersections that will also
be impacted in a major way. In particular, there is concern about impacts on the following
/ intersections:
Hanson Boulevard at Crosstown Boulevard
Hanson Boulevard at Andover Boulevard
Bunker Lake Boulevard at Quinn Street NW
Bunker Lake Boulevard at Crosstown Boulevard
These intersections are all within one mile ofthe project site. Each has been the source of
discussion between the City and County with respect to increased traffic and safety concerns,
partly due to growth in Andover and partly due to the number of schools in the area. We
would recommend that these intersections be added to the traffic analysis for the site.
RESPONSE
Figure 13 in the City's Proposed Citywide Transportation Plan identifies proposed traffic
levels on the all of the referenced intersections. The City will work closely with Anoka
County to identify needed improvements and funding sources.
It should be noted that the intersection of Bunker Lake Boulevard at Quinn Street NW is
currently fully signalized with medians and protected turn lanes and that the City does not
anticipate the need for further improvements at that intersection.
-7-
COMMENT
B. On page 18, there is a list of recommended road improvements, the majority of which
" involve County roads. We have several concerns about the recommendations:
1. The document states that, "according to the Anoka County 2015 Transportation Plan,
these improvements are planned to be completed by 2010." We are not in a position to
guarantee the timing of these improvements and wish to caution the City and developer
that the timing of the improvements is not firm. As the City and developer are aware,
financing for road improvements has changed substantially since 1998 when the 2015
Transportation Plan was completed.
Our latest Five Year CIP (through 2008) will only upgrade Hanson Boulevard between
TH 242 and Bunker Lake Boulevard. All other improvements listed in the EA W should
be considered as remaining "as is." The County, City, and developer should meet to
discuss the implications of this situation before plans progress much further.
RESPONSE
Duly Noted. The City will work with the County to identify minimum needed improvements,
funding sources and timing.
COMMENT
2. The recommended improvements include several that are noted as "specific roadway
improvement needs being driven by the Andover Station North development".
j Additional traffic studies are recommended to verify assumptions made. We support the
idea of additional traffic studies for these individual uses. For those that impact County
roads or intersections with County roads, we encourage the City and developer to
communicate with the County early in the process to avoid unnecessary and costly
redesign of plans.
RESPONSE
Duly Noted.
COMMENT
3. There are improvements recommended for eastbound and westbound Bunker Lake
Boulevard and northbound Hanson Boulevard for which the EA W suggests that the City
and County establish a timetable for design, construction, and financial responsibility. As
with item #2, above, it is important that these discussions occur early in the land use
design process to avoid unnecessary cost and to maximize any timetable for financing.
RESPONSE
Duly Noted.
/
-1-
COMMENT
, C. Recently, the County had the functional classification of Bunker Lake Boulevard upgraded
I from a B Minor Arterial to an A Minor Arterial. One of the main reasons for this was that it
made the roadway eligible for federal funds that were not previously accessible. Another
reason for the change is that the County is keenly aware of the development occurring in
Andover and the need for road improvements. This change allows the County and City
access to funds previously unavailable to us for such road improvements. Still, there is no
guarantee of receiving funds. Applications must be prepared and must compete in a region-
wide process for a relatively small amount of money.
As recommended in the EA W, financing of road improvements will require additional
discussion between the City and County. In a political climate where state funding is
disappearing and local (both City and County) budgets are being reduced, creativity for
funding needs to be maximized and all opportunities for funding need to be sought. The
County endorses further discussion on this.
RESPONSE
Duly Noted.
COMMENT
D. The details of the Traffic Study included as part of the EA W indicated that even the 2020
"no build" condition reveals inadequacies on numerous roadways and at numerous
I intersections. This condition does not relieve the developer from being required to make
improvements. A truer evaluation of the impacts of the development vs. "no build" would
be an evaluation of a complete build-out of the development vs. a 2008 "no build" condition.
RESPONSE
Duly Noted. The City will work with the County to identify the minimum needed improvements,
funding sources and timing.
COMMENT
E. Weare concerned that, in general, the EA W is focused within the boundaries of the
property to be developed as opposed to taking in to consideration growth anticipated
adjacent to the project. The County is aware of more intense development that are being
considered north and south of the site, which will not only impact the same roads
discussed as part of this development, but which will also certainly have an impact on the
proposed development, itself. These cumulative impacts should be addressed by the
EAW.
For example, the scope of the traffic study should be expanded to include a before and after
analysis of the capacities and operations of the Hanson Boulevard at Andover
Boulevard/County Road 16 and Hanson Boulevard at County Road 18 (Crosstown
\ Boulevard).
J
-lrJ -
RESPONSE
A closer examination of Figure 3 of the Andover Station North Development Site - Traffic
Impact Study (Dated Feb. 12,2003) takes into consideration anticipated growth of other areas of
/ the community up to 2020. The City is in the final stages of adoption of the its proposed city-
wide Transportation Plan. In response to issues consideration of growth adjacent to the site, the
City would like to introduce as an attachment to this "Record of Decision" Figure 13 - (name of
Figure) from that document which takes into account the roadway traffic volumes along these
major County roadways. Also attached is Figure 15 from the Transportation Plan (attached)
illustrating the necessary intersection improvements at these two intersections. As improvements
are required the City and County will work together on needed improvements, funding sources
and timing.
Environmental Services:
COMMENT
A. Page 2, item 6. Description-The first paragraph states that the City of Andover recently
purchased 20 acres from a salvage yard. The salvage yard is incorrectly identified as
Andover Auto Parts, but is likely the Anoka Auto Wrecking.
RESPONSE
Duly Noted.
COMMENT
I
B. Page 12, item 19. Geologic Hazards and Soil Conditions-The upper bedrock over the
entire site is described as the St. Lawrence Formation. The depth to bedrock is given as
160 ft. minimum and 200 ft. maximum. The surface elevation is given as 910 ft. above
mean sea level (MSL) at the highest point and 885 ft. MSL at the lowest. This implies
that the upper surface of the bedrock can be 750 ft. MSL maximum or 685 ft. MSL
minimum. The upper bedrock surface recorded on well records found in the Minnesota
Geological Survey County Well Index for this Township, Range, Section, (32,24,34)
varies from 797 ft MSL to 725 ft MSL. The record for the well completed at the former
auto salvage yard, Anoka Auto Wrecking, shows the bedrock elevation to be 797 ft. MSL
and the bedrock is interpreted as Franconia. The Franconia is below the St. Lawrence.
The bedrock elevations implied by the information given in the EA W are too low for the
upper surface of the St. Lawrence in this area of Anoka County.
RESPONSE
Duly noted.
COMMENT
C. Page 14, item 20. Solid Wastes, Hazardous Wastes. Storage Tanks and Andover Auto
Wrecking Auto Salvage Property-The fifth paragraph states that inorganic compounds
,
-11-
(Antimony, Cadmium, Chromium, Lead and Nickel) were detected at levels within what
is considered "common range" for natural soils by the U.S.EP A. A recent site visit by
, Anoka County Environmental Services staff members has shown that soil samples were
, not collected in the areas that were utilized by the salvage yard to store batteries and
radiators. Those storage areas are known to have the most metal soil contamination.
RESPONSE
Duly noted. The City will sample in the area where batteries and radiators were stored. If soil
contaminants are present, removal will be coordinated before earth moving excavation on the site
has been completed.
COMMENT
D. Finally, there should be acknowledgement that no activity requiring digging may occur on
the west side of Hanson Boulevard, adjacent to the site. This is in accordance with an
agreement with the Minnesota Pollution Control Agency regarding the closure of the
WDE site.
RESPONSE
Duly noted. The City will work with the County and MPCA to properly alleviate adverse
impacts to the landfill.
ARMY CORPS OF ENGINEERS
/
COMMENT
We have determined that the waterbodies being impacted by the filling are not "waters of the
United States" because they are: (1) not "navigable waters" as defined by Federal Law, (2) not
interstate waters, (3) not part of a tributary system to (1) or (2), (4) not wetlands adjacent to any
of the foregoing, and (5) not impoundments of any of the above. In addition, the interstate
commerce nexus to these particular waterbodies is insufficient to establish Clean Water Act
jurisdiction. These waterbodies are therefore not subject to regulation by the Corps of Engineers
under Section 404 of the Clean Water Act.
RESPONSE
Duly Noted.
Adopted by the City Council of the City of Andover on this 6th day of May, 2003.
ATTEST: CITY OF ANDOVER
Victoria Volk, City Clerk Michael Gamache, Mayor
,
-(2- -
0)
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~ I
Will Neumeister, Communit Development Director (~
FROM: Courtney Bednarz, City Plann~
SUBJECT: Continue Lot Split/838 Crosstown Blvd. - Planning
DATE: May 6, 2003
INTRODUCTION
The applicant is proposing to subdivide a rural property to create a new rural residential lot. The
property is located at the southwest comer of Crosstown Boulevard and Prairie Road.
DISCUSSION
The applicant has not provided the revised legal descriptions and easements that are necessary to
/ allow the lot split to be approved.
ACTION REOUESTED
Please continue this item to the May 20, 2003 City Council Meeting.
~
Cc: Sharon Thompson, 838 Crosstown Boulevard NW
C!J
/
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 Director
FROM: Courtney Bednarz, City Planne~
SUBJECT: Approve Final Plat/Woodland Creek Golf Villas - Planning
DATE: May 6, 2003
INTRODUCTION
The Council is asked to approve the final plat for the Woodland Creek Golf Villas project.
DISCUSSION
Staff has reviewed the final plat and found that it conforms to the approved preliminary plat. The
\ attached resolution itemizes the remaining steps before the final plat can be released to be
recorded at Anoka County.
Park Dedication
Park dedication was previously satisfied as a part of the Woodland Creek residential
development.
ACTION REOUESTED
Please adopt the attached resolution approving the final plat.
Attachment
Resolution
Location Map
Final Plat (Full Size in Packet)
Cc: Olvan Properties, P.O. Box 67, Forest Lake, MN 55025
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R087-03
A RESOLUTION APPROVING THE FINAL PLAT OF "WOODLAND CREEK GOLF
VILLAS" AS BEING DEVELOPED BY OLV AN PROPERTIES LOCATED IN THE
SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 32, RANGE 24, ANOKA COUNTY,
MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS:
Outlot A, Woodland Creek, Anoka County, Minnesota
WHEREAS, the City Council has approved the preliminary plat of the project to be known as
"Woodland Creek Golf Villas"; and
WHEREAS, the Developer has presented the final plat of Woodland Creek Golf Villas; and
WHEREAS; the City Engineer has reviewed such final plat for conformance with the
preliminary plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
\ hereby approve the final plat of Woodland Creek Golf Villas contingent upon receipt of the
following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal and engineering costs as determined by the City Engineer.
3. The developer shall provide an escrow for the uncompleted grading of the site which
is to be determined by the City Engineer or if the site grading is completed, a letter
from the developer's engineer that lots are graded according to the approved grading
plan.
4. The final plat shall not be signed by the Mayor and Clerk until there is an executed
Development Contract & all associated fees, escrows and bonds have been paid.
5. Developer is responsible for obtaining all permits from U.S. Army Corps of
Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency
that may be interested in the site.
6. Trail fees shall be paid in the amount of$4,532.
7. An easement shall be dedicated in favor of the City to expand the existing 100 foot
wide drainage and utility easement located along the west side of Coon Creek to 150
feet in width. This easement shall be dedicated with a separate document.
8. The applicant shall provide a drainage and utility easement in favor of the City of
Andover on Tract B around the 100 year flood elevation of the proposed storm water
pond.
Adopted by the City Council ofthe City of Andover this _th day of May, 2003.
CITY OF ANDOVER
ATTEST:
Victoria V olk, City Clerk Michael R. Gamache, Mayor
-2--
Woodland Creek Golf Villas
/
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrator
FROM: David D. Berkowitz, City Engineer
SUBJECT: Accept Drainage & Utility Easement Grant/Rural Reserve Trunk!
03-2/Woodland Creek Golf Villas - Engineering
DATE: May 6, 2003
INTRODUCTION
This item is in regards to accepting a Drainage and Utility Easement grant for the Woodland
Creek Golf Course Villas.
DISCUSSION
A Drainage and Utility Easement will be utilized in the future to construct the trunk sanitary
sewer line to serve the Rural Reserve Area. This easement is a condition per the approved lot
split and also must be approved prior to the approval of the final plat for the Woodland Creek
Golf Course Villas. The easement grant will be distributed at the council meeting.
ACTION REOUIRED
The City Council is requested to accept the Drainage and Utility Easement grantJRural
Reserve/03-2/Woodland Creek Golf Course Villas.
Respectfully submitted,
(J-:fl0.9
David D. Berkowitz
cc: Olvan Properties LLC, PO Box 67, Forest Lake, MN 55025
@J
\ CITY OF ANDOVER
/
1685 CROSSTOWN BOULEVARD NW.. 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~
David D. Berkowitz, City Enginee;tli>l'
FROM: Todd 1. Haas, Parks Coordinator
SUBJECT: Award Bid/02-43/Sunshine Park Soccer Field Lighting - Engineering
DATE: May 6, 2003
INTRODUCTION
The City Council is requested to receive bids and award the contract for Project 02-43, Sunshine
Park Soccer Field Lighting.
DISCUSSION
The bids received are as follows:
, Contractor Bid Amount Alt. 1 Total
1. Vinco, Inc. $196,900.00 $10,640.00 $207,540.00
2. Killmer Electric Co., Inc. $206,000.00 $11,500.00 $217,500.00
3. Klein Electric, Inc. $216,700.00 $11,000.00 $227,700.00
4. Ridgedale Electric, Inc. $218,000.00 $11,600.00 $229,600.00
5. Honda Electric, Inc. $241,380.00 $12,110.00 $253,490.00
Engineer's Estimate $193,082.00
BUDGET IMP ACT
$200,000 was approved as part 2003 CIP. $6,700 for consulting and engineering services is to be
funded from the $200,000. The Alternate is for a 10 year maintenance contract on the lighting
system. City staff is recommending the alternate bid be funded from Public Works maintenance
funds since no maintenance (including relamping at the end 10 years) will be required from
Public Works for the first 10 years. With this in mind, additional funds in the amount of
$203,600 plus approximately $15,000 to provide 3-phase electric service from Connexus Energy
from park dedication will be necessary to do the project. The $10,640.00 is recommended to be
funded from the Public Works maintenance fund, which would be spread over a nine-year period.
\
/
Mayor and City Council
Award BidJ02-43/Sunshine Park Soccer Field Lighting
\ Page 2 of2
/
Note: The Park and Recreation Commission has requested City staff to determine that if a
savings of 20% or more could be made by going with wood poles, the Commission is
recommending the bids be rejected and order revised plans & specs with wood poles. In
reviewing this with the electrical engineer that prepared the plans, the engineer indicated there
would be a savings but there would be additional costs with higher labors costs with placing
conduit on the outside of the wood poles which would most likely offset the savings.
Also, the electrical engineer has indicated that nearly all field lighting are metal poles versus
wood poles. The problem with wood poles is that they do twist and when this happens, the lights
would most likely need to be re-aimed to provide the proper lighting at ground level.
ACTION REQUIRED
The City Council is requested to approve the resolution accepting bids and awarding contract to
Vinco, Inc. in the amount of $207,540.00 for the improvement of Project 02-43, Sunshine Park
Soccer Field Lighting.
Respectfully submitted,
, ~/~
Todd J. Haas
Cc: Jim Lindahl, Park & Recreation Commission
\
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 02-43 FOR SUNSHINE PARK SOCCER
FIELD LIGHTING.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
058-03 ,dated April 1 , 2003, bids were received, opened and tabulated
according to law with results as follows:
Bid Amount All. 1 Total
1. Vinco, Inc. $196,900.00 $10,640.00 $207,540.00
2. Killmer Electric Co. $206,000.00 $11,500.00 $217,500.00
3. Klein Electric, Inc. $216,700.00 $11,000.00 $227,700.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Vinco, Inc. as being the apparent low
bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Vinco, Inc. in the amount of $ 207,540.00 for construction of the
improvements.
MOTION seconded by Council member and adopted by the
City Council at a reqular meeting this 6th day of May , 2003 , with
Council members voting in favor
of the resolution, and Council members voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
City of Andover @
1685 Crosstown Boulevard NW.. Andover, Minnesota 55304. (763) 755-5100
Fax (763) 755-8923 . www.cLandover.mn.us
TO: Mayor and Council Members
CC: John Erar, City Administrato~,-
FROM: David D. Berkowitz, City Engineer
SUBJECT: Award Bid/Streets & Utilities/02-49/WoodIand Estates 4th Addition-
Engineering
DATE: May 6, 2003
INTRODUCTION
The City Council is requested to receive bids and award the contract for Project 02-49, Woodland
Estates 4th Addition.
DISCUSSION
Bids received are as follows:
Contractor Bid Amount
/ Three Rivers Construction $ 964,465.61
Friedges Contracting $ 977,156.65
Hennen Construction $ 981,207.20
Northdale Construction $1,017,563.37
Dave Perkins Contracting $1,018,649.50
Barbarossa & Sons, Inc. $1,020,224.65
LaTour Construction $1,023,301.68
Burschville Construction $1,042,377.60
Richard Knutson, Inc. $1,175,801.54
Engineer's Estimate $1,243,531.25
BUDGET IMP ACT
The project will be funded mostly by the developer and some by the City as identified in the
feasibility report.
ACTION REQUIRED
The City Council is requested to approve the resolution accepting bids and awarding the contract
to Three Rivers Construction in the amount of $964,465.61 for Project 02-49, Woodland Estates
4th Addition.
~y,U~
(~~ 0. _
David D. Berkowitz
cc: Byron Westlund, Woodland Dev. Corp., 13632 Van Buren St. NE, Ham Lake, MN 55304
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 02-49 , WOODLAND ESTATES 4TH
ADDITION.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
062-03 ,dated April 28, 2003, bids were received, opened and tabulated according to
law with results as follows:
Base Bid
Three Rivers Construction $ 964,465.61
Friedges Contracting $ 977,156.65
Hennen Construction $ 981,207.20
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Three Rivers Construction as being the
apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Three Rivers Construction in the amount of $964,465.61 for
construction of the improvements; and direct the City Clerk to return to all bidders the . '.
deposits made with their bids, except that the deposit of the successful bidder and the next
lowest bidder shall be retained until the contract has been executed and bond
requirements met.
MOTION seconded by Council member and adopted by the
City Council at a reQular meeting this 6th day of May , 2003 , with
Council members voting in favor
of the resolution, and Council members voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
APR-30-2003 14:59 TKDA 651 292 0083 P.02
"' )
TKDA
ENGll'HRS . ARCHITECTS. PlANNERS 1500 Piper Jaffray Plaza
444 Cedar Street
. Saint Pau~ MN 55101-2140
(651) 292-4400
April 29, 2003 (651) 292-0083 Fax
www.lkda.com
Honorable Mayor and City Council
City of Andover, Minnesota
Re: Woodland Estates 4th Addition
Street and Utility Improvements
City of Andover, Minnesota
City Project No. 02-49
TKDA Commission No. 12716-02
Dear Mayor and City Council:
Bids for the referenced project were received on April 28, 2003, with the following results. A complete
Tabulation of Bids is enclosed for your information.
Contractor Base Bid
Three Rivers Construction $ 964,465.61
Friedges Contracting $ 977,156.65
Hennen Construction $ 981,207.20
Northdale Construction $ 1,017,563.37
Dave Perkins Contracting $ 1,018,649.50
Barbarossa & Sons, Inc. $ 1,020,224.65
laTour Construction $ 1,023,301.68
Burschville Construction $ 1,042,377.60
Richard Knutson, Inc. S 1,175,801.54
Engineer's Estimate $ 1,243,531.25
Recommendation
We recommend that you award the Contract to the lowest bidder, Three Rivers Construction, for their low
bid of $964,465.61.
Please do not hesitate to call me with any questions or comments you may have.
Sincerely,
C- ; -~ ~
Paul T. Hornby, P.E.
Project Manager
PfH:ar1
Enclosure
An EmplojH (Nmud Company PrOtnoUng Affirmative kUon and Equal Opportunity
TOTAL P. 02
APR 30 2003 14:55 651 292 0083 PAGE. 02
([9
"- CITY OF ANDOVER
, /
1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administratorf.v.
David D. Berkowitz, City Engineer '!:>YD
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Accept Feasibility ReportlWaive Public Hearing/03-17/14027 Crosstown
Boulevard NW IWM - Engineering
DATE: May 6, 2003
INTRODUCTION
This item is in regards to approving the resolution accepting the feasibility report and waiving
public hearing for Project 03-17,14027 Crosstown Boulevard NW for watermain.
DISCUSSION
The property owner recently petitioned for these improvements. The services for water along
this parcel was installed under Project 87-3B, but not assessed to the adjacent property as the
watermain that was installed is considered trunk. Past practice for the project was not to assess
existing properties until the property owners petitioned to hook up.
FEASIBILITY REPORT
The proposed assessment for this parcel is determined as follows:
Watemain
Watermain Area Charge (2003 Rates)
0.34 acres x $1,967 per acre = $668.78
Connection Charge = $2J46.00
Lateral Charge 100.0 Ft. x $33 F.F. (2003 Rate)
= $3300.00
TOTAL $6J 14.78
"
Mayor and Council Members
May 6, 2003
Page 20f2
Total proposed estimated cost = $6,114.78
BUDGET IMPACT
The $6,114.78 per unit would be assessed to 14027 Crosstown Boulevard NW.
ACTION REOUIRED
It is recommended to approve the resolution accepting the feasibility report and waiving the
public hearing for Project 03-17, 14027 Crosstown Boulevard NW.
Respectfully submitted,
~~
/
cc: Barbara Chapotan, 14027 Crosstown Boulevard NW, Andover
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. 03-17 FOR
WATERMAIN IN THE FOllOWING AREA OF 14027 CROSSTOWN
BOULEVARD NW.
WHEREAS, the City Council did on the 15th day of April , 2003,
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 6 day of Mav , 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 $ 6,114.78 .
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 $ 6,114.78 and waive the Public Hearing.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 6th day of Mav , 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
D3~1
RECEIVtD
,
APR - 3 ~[J3
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Andover City Engineer
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Municipal Improvements
Dear City Engineer:
We do hereby petition for improvements of eW8termalQ) sanitary sewer, storm
sewer and streets (circle one or more) with the costs of the improvement to be
assessed against my benefitting property.
Said petition is unanimous and the public hearing may be waived. We would like
to be assessed over a 5 year eriod.
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, CITY OF ANDOVER
, /
1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administratot:
David D. Berkowitz, City En ineerJ>'J)}$
FROM: Todd J. Haas, Asst. City Engineer
SUBJECT: Accept Feasibility Report/Order Public Hearing/02-39/Red Oaks Manor I5t_
4th Additions and Unplatted Portions of Property Located in Sections 33 &
34, Township 32, Range 24/Street Lighting - Engineering
DATE: May 6, 2003
INTRODUCTION
The City Council is requested to accept the feasibility report and order the public hearing for
street lighting for Project 02-39, Red Oaks Manor 151_4th Additions and unplatted portions of
property located in Sections 33 & 34, Township 32, Range 24.
/ DISCUSSION
The total number of lots that benefit from the installation of street lights is 175.
The estimated cost of such improvement per Connexus Energy is $90,608.73 for 24 standard
traditionaires and 5 cobra heads on existing wood poles or $116,336.83 for 24 acorns on fluted
poles and 5 cobra heads on existing wood poles. Based on 175 lots that benefit from the street
lighting, the quarterly payment per lot for the first 5 years would be as follows:
o 24 standard traditionaires/5 cobra heads - $30.05 (cost & installation of lights) per quarter
plus $6.00 (maintenance & operation) per quarter = $36.05 per quarter
o 24 acorn style/5 cobra heads - $38.58 (cost & installation of lights) per quarter plus $6.00
(maintenance & Operation) per quarter = $44.58 per quarter
Attached are the following:
. Amorization schedule for street lights
. Statement from Connexus Energy
. Map showing proposed street light locations
Note: City staff did have an informal meeting with the neighborhood which 8 residents or so
attended. Also, Ann Hoag who has been taking the lead on this is out obtaining additional
signatures for the petition.
A 4/5 vote is required by the City Council to proceed with the public hearing.
Mayor and Council Members
May 6, 2003
Page 2 of2
BUDGET IMP ACT
The cost of the improvement will be the responsibility of the property owners and will be billed
by Connexus Energy.
ACTION REQUIRED
The City Council is requested to approve the resolution accepting the feasibility report and
ordering public hearing on the improvement of street lighting for Project 02-39, Red Oaks Manor
151_4th Additions and unplatted portions of property located in Sections 33 & 34, Township 32,
Range 24.
Respectfully submitted,
~/~
Todd J. Haas
\
)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC
HEARING ON IMPROVEMENTS OF STREET LIGHTING, PROJECT NO. 02-39
IN THE AREA OF RED OAKS MANOR 1s'_4IH ADDITIONS 7 UNPLATTED
PORTIONS OF PROPERTY LOCATED IN SECTIONS 33 & 34, TOWNSHIP 32,
RANGE 24.
WHEREAS, pursuant to Resolution No. 158-02, adopted the 15th day of
October, 2002 a Feasibility Report has been prepared by the City Enqineer for the
improvements: and
WHEREAS, such report was received by the City Council on the 6th day
of~,2003;and
WHEREAS, such report declared the proposed assessment to be feasible
for an estimated project cost of $ 90,608.83 for standard traditionaires/cobra
heads on wood Doles or $116,363.83 for the acorn stvle on fluted Doles/cobra
heads on wood Doles
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council hereby accepts the Feasibility Report for Project No. 02-39,
for the improvements.
2. The Council will consider the improvements in accordance with the report and
the assessment of abutting property for all or a portion of the improvement
pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the
improvement of $90,608.83 for standard traditionaires or $116,363.83 for the
acorn stvle. 20th
3. A public hearing shall be held on such proposed improvement on the
day of Mav , 2003 in the Council Chambers of the City Hall at 7:00
PM and the Clerk shall give mailed and published notice of such hearing and
improvement as required by law.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 6th day of Mav , 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
Vir.tnri~ Vnlk - r.itv r.IArk
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. CONNEXUS@ ~
, Ramsey, Minnesota 55303
- ENERGY APR - 8 ?n:-I' 763.323.2600
c.,) Fax: 763.323.2603
1.800.642.1672
Your Community Energy Partner ~ f:- r-::,' ~'~~~.:-,~-" WWVI/.connexusenergy.com
/ info@connexusenergy.com
Outdoor Lighting Proposal I Fee Statement
April 07,2003 175"" /e,ts !q(l~
ANDOVER CITY OF Account: 386028/SD3041
1685 CROSSTOWN BLVD NW Workorder: 118553
ANDOVER, MN 55304 Representative: Jenns
RE: Outdoor Lighting proposal for RED OAKS MANOR
This proposal includes ali material FInd labor to install the outdoor lighting system at RED OAKS MANOR, and is valid
for 120 days. The system will be connected before your electric meter, and will qualify for Connexus Energy's
Outdoor Lighting Energy & Maintenance rate. This rate adheres to Connexus Energy's published rate schedule, and
is subject to change. Connexus Energy will provide full maintenance on the luminaire(s) and pole(s) for a period of 25
years (subject to the terms and conditions of Connexus Energy's outdoor lighting guidelines).
Enclosed is a copy of the design exhibit for your review. Please indicate your acceptance of this proposal and design
by signing on the line below and returning one copy in the envelope provided. Due to the long lead time required to
obtain materials, please return this document at your earliest convenience.
The charges listed below are subject to the terms and conditions of Connexus Energy's credit guidelines. There could
be additional charges, for winter construction, if your outdoor lighting system is installed between November 1 st and
I April 1 s1. Connexus Energy reserves the right to revise charges due to circumstances beyond our control. Connexus
Energy is not responsible for restoring, to its original condition, the lawn, yard, land, etc., which might be disturbed
during installation. We will, however, make all reasonable attempts to minimize site damage during installation.
TYI?~___________ Quantity ______ Cost _____.-!.ot Charg~_____~mt Pa~
- COMPLETE FIXTURE 24 EA $ 849.00 $ 20,376.00 $ 0.00
- LUMINAIRE 5 EA $ 395.00 $ 1,975.00 $ 0.00
- PUSHING CHARGE 6060 FT $ 11.00 $ 66,660.00 $ 0.00
- TRANSFORMER 3 EA $ 532.61 $ 1,597.83 $ 0.00
. _____0--.--- .__________.
Subtotals: $ 90,608.83 $ 0.00
_ _u .n___ _______n._____
Amount Due: $ 90,608.83
Comments: -'PROPOSAL #1 - (24) Standard Traditionaires, (5) Cobra Heads on existing wood poles"
Sincerely,
Jennifer Sweeney
Outdoor Lighting Specialist
Signature Date
"Committed to customer satisfaction through service, leadership and involvement,"
A Touchstone Energyf- Cooper.llive ~
-_.~.-.. -_..~'_. --,
. CONNEXUS@ 14601 Ramsey Boulevard
Ramsey. Minnesota 55303
ENERGY 763.323.2600
Fax: 763.323.2603
1.800.642.1672
Your Community Energy Partner WNW.connexusenergy.com
info@connexusenergy.com
Outdoor Lighting Proposal I Fee Statement
April 07,2003
ANDOVER CITY OF Account: 386028/SD3041
1685 CROSSTOWN BLVD NW Workorder: 118553
ANDOVER, MN 55304 Representative: Jenns
RE: Outdoor Lighting proposal for RED OAKS MANOR
Thi~ proposal includes all material and labor to install the outdoor lighting system at RED OAKS MANOR, and is valid
for 120 days. The system will be connected before your electric meter, and wiil qualify for Connexus Energy's
Outdoor Lighting Energy & Maintenance rate. This rate adheres to Connexus Energy's published rate schedule, and
is subject to change. Connexus Energy will provide full maintenance on the luminaire(s) and pole(s) for a period of 25
years (subject to the terms and conditions of Connexus Energy's outdoor lighting guidelines).
Enclosed is a copy of the design exhibit for your review. Please indicate your acceptance of this proposal and design
by signing on the line below and returning one copy in the envelope provided. Due to the long lead time required to
obtain materials, please return this document at your earliest convenience.
The charges listed below are subject to the terms and conditions of Connexus Energy's credit guidelines. There could
be additional charges, for winter construction, if your outdoor lighting system is installed between November 1 st and
/ April 1 s1. Connexus Energy reserves the right to revise charges due to circumstances beyond our control. Connexus
Energy is not responsible for restoring, to its original condition, the lawn, yard, land, etc., which might be disturbed
during installation. We will, however, make all reasonable attempts to minimize site damage during installation.
Type Quantity Cost Tot Charge Amt Paid
-..-----------
- COMPLETE FIXTURE 24 EA $ 1,921.00 $ 46,104.00 $ 0.00
- LUMINAIRE 5 EA $ 395.00 $ 1,975.00 $ 0.00
- PUSHING CHARGE 6060 FT $ 11.00 $ 66,660.00 $ 0.00
- TRANSFORMER 3EA $ 532.61 $1,597.83 $ 0.00
----------
Subtotals: $116,336.83 $ 0.00
~_.
Amount Due: $116,336.83
Comments: "PROPOSAL #4 - (24) Acorns on fluted poles, (5) Cobra Heads on existing wood poles"
Sincerely,
Jennifer Sweeney
Outdoor Lighting Specialist
Signature Date
"Committed to customer satisfaction through service. leadership and involvement."
A Toucllslone Ent'rgy'" Coorerati\'e ~
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I 2380 2148
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18 I
C"l
t17i'\Cityof . LEGEND
\!JI Andover NORTH 1/2 SECTION. 34 0 Half Section Boundary
Half Section TOWNSHIP: 32 RANGE: 24 o Lots I Parcels
, ~dress Book L'-"I Parks
. I Water Features
Map Date: July 22, 1999 U Right-of-Way
@)
CITY OF ANDOVER
/
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administratorf/1/
FROM: David D. Berkowitz, City Engineer
SUBJECT: Accept Petition/Order Feasibility Report/03-18/16150 Crosstown Boulevard
NW (Constance Free Church)/SS & WM - Engineering
DATE: May 6, 2003
INTRODUCTION
The City has received a petition from the property owner of 16150 Crosstown Boulevard NW
(Constance Free Church) requesting the improvement of sanitary sewer (see attached petition),
Project 03-18.
DISCUSSION
Constance Free Church has petitioned for sanitary sewer to serve the existing church and the
proposed expansion. The council approved the rezoning (R-l to R-4) and comprehensive plan
amendment to expand the MUSA at the April 15, 2003 council meeting. The church would be
served from a sanitary sewer pipe crossing CSAH 20 (161 st Avenue) directly from the proposed
entrance to the Constance Comers development. Once the petition has been accepted, staff will
complete the feasibility report and bring the report back to the City Council for approval. The
extension of sanitary sewer is contingent on the Met Council approving the Comprehensive Plan
Amendment to expand the MUSA.
BUDGET IMP ACT
The cost of the improvement would be assessed to the property owner.
ACTION REQUIRED
The City Council is requested to approve the resolution declaring adequacy of petition and
ordering preparation of a feasibility report for the improvement of sanitary sewer for Project 03-
18, in the area of 16150 Crosstown Boulevard NW (Constance Free Church).
Respectfully submitted,
Q~Q
David D. Berkowitz, City En "neer
Cc: Pastor Jim Barber, Constance Free Church, 16150 Crosstown Blvd. NW, Andover
Cons.lance . .
"63)43+5995 . ,,, (763)43_80 :t!50 Cro~toW" ,.d. NW . A"do~'. MN 55304 . ~.oo"","ref,...o~
~-~-_. -- --1
r- ;: (' C ~ ': .{ ~~ ,-.~ !
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.Mayl,2003 I
t1iW ~~ I ?n]';
,
David Berkowitz, P .E.
City Engineer CITY OFN,Wiil:d"\
'City of Andover ' ~ _" 'J ~. ~ i"
1685 Crosstown Blvd. NW
Andover, MN
55304
~ Subject: Petition for access to city sewer - ~
Reference: Minutes of Andover City'Council meeting'ApriI15, 2003.
Dear David,
As you know, at the City Council meeting on April 15,2003, our request for a. MUSA boundary change
and z.oning change was approved to allow us to have access to city sewer a)ld water. The purpose of this
letter is to petition the city for access to city sewer only. Our petition for city water will follow at a time
, when this is needed. Currently, our need is only for city sewer.
As was discussed with the council at the referenced meeting, weare anticipating that the access charges
for this petition will be based on acres-in-use at the completion of the PhaSe 3 construction project we aie~
currently launching. Our estimate of the acres-in-use, including Q1e footprint of the building and parking
areas is 8 acres. When we enter other new phases of construction, it is ~understood that the ~additional
acres-in-use from each successive phase would be assessed at that time. .
It was also discussed at the council meeting that the assessment for access could be amortized over future
years. We would appr.eciate a minimum oftive years amortization based on our budget affordability and
,our expected schedule of construction phases. -
Finally, in the feasibility assessment related- to this petition, ~ we would appreciate it if the city would
examine this request independent of the Constance Corners project. If for some reason this development
project is delaye<;l or abandoned, our need will not be diminished. We think our petition should have equal ~
priority with this development, independent of it. We expect to break ground by July 1, 2003. At that time.
we must abandon our existing septic drain field system. We will either pump our tanks or construct a
temporary drain field until access to city sewer is available. Either option will be costly to us and can be
avoided as sOOn as city. sewer access is available. Our preference for availabiiity would be ~ soon as
. possible on or after July 1,2003. Again, we would appreciate this timing being indepeti~ent of the timing
6fthe Constance Corners project.
This 'petition is unanimous and pubiic.hearing may be waived. Please contact me with any questions.
c.~
~ " ~
~DU <O>~, tWtf !""..
'1
U
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 Administrato~
David D. Berkowitz, City Engineer '})DB
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Award Bid/Streets & Utilities/02-S0/Maple Hollow - Engineering
DATE: May 6, 2003
INTRODUCTION
The City Council is requested to receive bids and award the contract for Project 02-50, Maple
Hollow.
DISCUSSION
, , If the City Council recalls, Shady Oak Cove's portion of the contract was awarded at the last City
, / Council meeting. This item is to award the Maple Hollow portion of the contract.
Bids received are as follows:
Contractor Bid Amount
Redstone Construction Co., Inc. $57,322.97
Dave Perkins Contracting Inc. $58,133.00
Friedges Contracting Co. $60,760.15
Burschville Construction, Inc. $63,041.50
Kober Excavating, Inc. $65,231.65
C&L Excavating, Inc. $65,600.59
Don Zappa & Sons Excavating, Inc. $68,659.40
Northdale Construction Co., Inc. $74,215.82
North Pine Aggregate, Inc. $96,618.00
Engineer's Estimate $70,304.50
BUDGET IMPACT
The project will be funded by developer assessments as identified in the feasibility report.
ACTION REQUIRED
/ The City Council is requested to approve the resolution accepting bids and awarding the contract
to Redstone Construction Co., Inc. in the amount of$57,322.97 for Project 02-50, Maple Hollow.
Mayor and Council Members
May 6, 2003
Page 2 of2
Respectfully submitted,
t:rLL---
cc: Mark Tibbetts, 1444 -16151 Avenue NW, Andover
Ty Caswell, Tyson Homes, LLC, 13360 - 2nd Avenue South, Zimmerman, MN 55398
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 02-50 , MAPLE HOLLOW.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
050-03 ,dated March 18, 2003, bids were received, opened and tabulated
according to law with results as follows:
Redstone Construction Co., Inc. $57,322.97
Dave Perkins Contracting Inc. $58,133.00
Friedges Contracting Co. $60,760.15
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Redstone Construction Co.. Inc. as being
the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Redstone Construction Co., Inc. in the amount of $ 57.322.97
for construction of the improvements; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the successful bidder and the next
lowest bidder shall be retained until the contract has been executed and bond
requirements met.
MOTION seconded by Council member and adopted by the
City Council at a reqular meeting this 6th day of Mav , 2003 , with
Council members voting in favor
of the resolution, and Council members voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
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 City Council
CC: John Erar, City Administratoq'IV
David D. Berkowitz, City Englneerm>J>
FROM: Todd Haas, Park Coordinator
SUBJECT: Approve Quotes/02-2/Sunshine Park Picnic Shelter
DATE: May 6, 2003
INTRODUCTION
This item is in regard to approving the quotes for the installation of shelter site work, Project #02-2,
Sunshine Park Picnic Shelter.
DISCUSSION
This shelter would be located on the west side of Sunshine Park north of the existing parking lot.
The quotes received are as follows:
"' Contractor Base Bid Alternate #1 Alternate #2
~ (Shelter) (Lattice) (Site work)
1. Flannagan Sales, Inc. $14,256.55 $4,749.99 $5,675.00
2. St. Croix Recreation Co. $18,541.00 $1,560.00 $5,960.00
City Staff did contact a couple other contractors on the site work only. The quotes for just the site
work were as follows:
Contractor Quote amount
1. landmark Concrete, Inc. $6,024.00
2. W.B. Miller $7,350.00
3. North Valley, Inc. $7,592.00
BUDGET IMPACT
$20,000 was approved as part of the 2003 CIP with this in mind. The Park Commission reviewed
the quotes and have recommended the Base Bid and Alternate #2 be approved in the amount of
$19,931.55. The lattice work will be done at a future date when funding becomes available.
ACTION REQUIRED
The City Council is requested to approve the quote for Base Bid and Alternate #2 to Flannagan
Sales, Inc.
Respectfully submitted,
, t!(~
Cc: Jim Lindahl, Park & Recreation Commission
(!!)
'i CITY OF ANDOVER
J
1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administratof../
FROM: David D. Berkowitz, City Engineer
SUBJECT: Award Bid/03-3/2003 Crack Sealing - Engineering
DATE: May 6, 2003
INTRODUCTION
The City Council is requested to receive bids and award the contract for Project 03-3, 2003 Crack
Sealing.
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
\ targeted for sealing the cracks which is then followed up the following year with a seal coat.
/ The bids received are as follows:
Contractor Bid Amount
Precision Seal Coating, Inc. $41,536.00
Daffinson Pavement Maintenance $53,632.00
Bergman Companies, Inc. $58,880.00
Astech $60,160.00
Tenson Construction, Inc. $76,160.00
Engineer's Estimate' $51,200.00
BUDGET IMP ACT
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 REQUIRED
The City Council is requested to approve the resolution accepting bids and awarding contract to
Precision Seal Coating, Inc. in the amount of $41 ,536.00 for the improvement of Project 03-3 for
2003 Crack Sealing.
Respectfully submitted,
\ ~~
/
David D. Berkowitz
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 03-3 FOR 2003 CRACK SEALING.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
060-03 ,dated April 1 , 2003, bids were received, opened and tabulated according to
law with results as follows:
Precision Seal Coating, Inc. $41,536.00
Daffinson Pavement Maintenance $53,632.00
Bergman Companies, Inc. $58,880.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Precision Seal Coatinq, Inc. as being
the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Precision Seal Coatinq, Inc. in the amount of $ 41.536.00 for
/ construction of the improvements; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the successful bidder and the next
lowest bidder shall be retained until the contract has been executed and bond
requirements met.
MOTION seconded by Council member and adopted by the
City Council at a reqular meeting this 6th day of Mav , 2003 , with
Council members voting in favor
of the resolution, and Council members 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
/
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 AdministratoF
FROM: David D. Berkowitz, City Engineer
SUBJECT: Award Bid/03-4/2003 Seal Coating - Engineering
DATE: May 6, 2003
INTRODUCTION
The City Council is requested to receive bids and award the contract for Project 03-4, 2003 Seal
Coating.
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 eight
years and is one tool currently utilized to protect and prolong this investment.
The bids received are as follows:
/
Contractor Bid Amount
Allied Blacktop Co. $189,949.00
Pearson Brothers, Inc. $197,880.09
Moorseal, Inc. $212,662.00
Astech Corp. $237,140.00
Caldwell Asphalt Co. $262,950.03
Engineer's Estimate $193,082.00
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 REOUlRED
The City Council is requested to approve the resolution accepting bids and awarding contract to
Allied Blacktop Co. in the amount of $189,949.00 for the improvement of Project 03-4 for 2003
Seal Coating.
Respectfully submitted,
\ Q.Qo.~
David D. Berkowitz
--
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 03-4 FOR 2003 SEAL COATING.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
061-03 ,dated April 1 , 2003, bids were received, opened and tabulated
according to law with results as follows:
Allied Blacktop Co. $189,949.00
Pearson Brothers, Inc. $197,880.09
Moorseal, Inc. $212,662.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Allied Blacktop Co. as being the
apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Allied Blacktop Co. in the amount of $ 189,949.00 for
/ construction of the improvements; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the successful bidder and the next
lowest bidder shall be retained until the contract has been executed and bond
requirements met.
MOTION seconded by Council member and adopted by the
City Council at a reqular meeting this 6th day of Mav , 2003 , with
Council members voting in favor
of the resolution, and Council members 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
/
1685 CROSSTOWN BOULEVARD NW.. 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?v1
FROM: David D. Berkowitz, City Engineer
SUBJECT: Award Bid/03-6/2003 Overlay - Engineering
DATE: May 6, 2003
INTRODUCTION
The City Council is requested to receive bids and award the contract for Project 03-6, 2003
Overlay.
DISCUSSION
The overlay program is an effective and cost efficient means of rehabilitating older deteriorated
roadways. By annually overlaying sections of roadway throughout the City, we can maintain a
high quality transportation system. The overlay program has been administered for approximately
seven years and is one tool currently utilized to protect and prolong the City's street infrastructure.
/ The bids received are as follows:
Contractor Bid Amount
Bauerly Companies $289,063.02
North Valley, Inc. $326,521.88
Midwest Asphalt Corp. $338,957.65
Northwest Asphalt, Inc. $355,215.50
Frattalone Paving Inc. $358,936.95
Hardrives, Inc. $359,945.50
Engineer's Estimate $307,905.05
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 REQUIRED
The City Council is requested to approve the resolution accepting bids and awarding the contract
to Bauerly Companies in the amount of$289,063.02 for Project 03-6, 2003 Overlay.
Respectfully submitted,
/ Q-:i20~
David D. Berkowitz
-
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 03-6 FOR 2003 OVERLAY.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
059-03 ,dated April 1 , 2003, bids were received, opened and tabulated
according to law with results as follows:
Bauerly Companies $289,063.02
North Valley, Inc. $326,521.88
Midwest Asphalt Corp. $338,957.65
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Bauerlv Companies as being the
apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Bauerlv Companies in the amount of $ 289,063.02 for
\
/ construction of the improvements; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the successful bidder and the next
lowest bidder shall be retained until the contract has been executed and bond
requirements met.
MOTION seconded by Council member and adopted by the
City Council at a reQular meeting this 6th day of Mav , 2003 , with
Council members voting in favor
of the resolution, and Council members voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
Location Map
~ c~ ~ '"'~'. Mi""_ LEGEND r'~~4=nft j -rc, ~
Incorportated 1974
N Overlay Roads (~"- ~-q ;:;;.l ~ ~
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CITY OF ANDOVER
r \ 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 Administrator~
FROM: David D. Berkowitz, City Engineer
SUBJECT: Approve Change Order #2/99-15/Water Treatment Plant - Engineering
DATE: May 6, 2003
INTRODUCTION
This item is in regards to approving Change Order #2 to Project 99-15, Water Treatment Plant.
DISCUSSION
This change order includes extending the substantial completion date from June 18, 2003 to July
16, 2003 and extending the final completion date from August 2, 2003 to August 30, 2003.
Before change order #1 was approved for the security system, Rice Lake Contracting Corporation
had requested an extension. At that time they did not substantiate the request. Since then Rice
Lake Contracting submitted a letter to Bolton & Menk, Inc. explaining the reason a time
/ extension was needed to complete the work. The letter states the extension is needed due to the
additional work required for the security system (see attached letter). The contractor has been
aggressively moving forward to complete the project in a timely manner. Staff along with Bolton
& Menk, Inc. reviewed the request and recommend the City Council approve the time extension
to complete the project.
ACTION REOUIRED
The City Council is requested to approve the resolution approving Change Order #2 for Project
99-15, Water Treatment Plant
Respectfully submitted,
(j)~ 0. \
David D. Berkowitz
,
/ CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #....1- TO PROJECT NO.
99-15, WATER TREATMENT PLANT.
WHEREAS, the City of Andover has a contract for Project No. 99-15 with
Rice Lake Contractinq of Deerwood, MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 99-15.
Adopted by the City Council of the City of Andover this 6th day of
Mav , 2003.
CITY OF ANDOVER
I
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
/
. ,
.
\
/
April 18, 2003
Bolton & Menk, Inc.
1960 Premier Drive
Mankato, MN 56001-5900
ATTN: Jon D. Peterson, P.E.
RE: Water Treatment Facilities - Andover, MN
RLC Project No. 02-08
Gentlemen:
Per our discussion here is additional information to support our request
for the four-week time extension required for the security system change.
While the change order is only 2.2% of our contract amount it is adding
70-75% more work for the electrician in the field. Adding a large amount
of extra employee's cannot offset this increase in work. There is not
enough space for a larger crew with all of the subcontractors working
together, therefore the extra time required to complete the project.
We have diligently pursued completing this project in a timely fashion.
Our purchase orders and subcontracts were issued two weeks before we
received the signed contracts, and our first rebar shop drawings were
submitted almost four weeks before receiving the signed contracts. We
have worked a substantial amount of overtime to offset the delays that
have come up. The delays include the extra work for the dewatering due
to the substantially higher water table and weather related problems. Our
personnel as well as our subcontractors will continue to diligently pursue
the completion of this project.
If you have any questions, or require additional information, do not
hesitate to contact us.
Sincerely,
Rice Lake Contracting Corp.
Craig M. Habighorst
Project Manager
05/01103 14:59 FAX 507 625 4177 BOLTON & MENK ~002
. .
'HAV-Ol-03 THU 02:56 PM RICE LAKE CONTRACTING FAX NO, 2 P. 02
.
cHANGE ORDER
(Instroctions on reverse side) No.2
PROJECT: Andover Water Treatment Plant
DAm OF ISSUANCE: lifFECTxvn PATE:
OWNER: City of Andover, Minnesota
OWNER's l>roject No.: 99-15
CONI'RACTOR: Rice Lako ConstnlCtion ENGINEER: Bollon &. Menk, Inc.
You lIl'e directed to makc the follov.inS ch:mgcs in the CODtract Document!!.
Description:
Addition of centralized security system to War.e:r Treatment Facility. Delete decel11:r~1i7.ed socw-ily system fl'On\
oligin31 project scope. Conduit requiremellts 3t'C as described in plan sheets 1,2, 3. orlbc security system ru.e<."WO\y
plans. dated 4/8/03. Security room Ilddltllln per Proposnl Request No.3.
Reason for ChlUlge Orde{;
To increase level ofsccunlY provided :It:the Water Treatment l:acility.
Altaellmcnts: (List docmnilnts s:uppol'tlllg ell~l1gtl)
Riel) Lake Constll.lction Proposal Scope,
CHANGti IN CONTRACT PRICE: CHANGE IN cOm'MC'r 'rlMEs:
Q,llllnBl Contract Price OriSlnal C>nltatl Tunes
Sub,1l1l1tiul Conlplolicn June 1 B. 2003
SU4' 00.00 Pillal Com clion AUj(utl 2. 2003
Ne! chang., from previous Clungc OrtIcrs No..l=. No..: Net ch.'lllges from pl'ovlo..' Ch:>n~e Ordezs No.1
$.1.69 67 S 0 QdllYI
Contr:lcl Price Prior 10 Ihis Ohnnt:e Order Contrnct Tilll~ ~rlor 10 Ulis Ch:lllte Order
$~019.07S..QQ
Nel (I/lo~Deae:lS~ ortllis Chanijc Order
so.oo ~K L1u)'~
Conn'llot Price with all approved Ch:ln.lle Orders Collrrnet'rimCll wilh ~ll ~pprovod Chan~e Orders
SS.019,075.00
Al'l'R.OYl<O:
Dy_. Ow1\et ,^talJ.wt:~ Si~,\n\\ll\")
Da,e' - DlJtt" .
mCDC No. 1910cS-B (1990 Edition)
PIC\l~r.d by tile Englueel'S Jolnl Con= Documents COlllrniuee l1lId otIdorscd by Tile N~oelnlcd n.",c~ ContratlOTS of Anlerica.
C:\ WINDOWs\TEMI'IChStlscOtderN02.dae
MAY 01 2003 15:03 507 625 4177 PAGE. 02
@
"
/
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 Councilmembers
CC: John Erar, City Administrato;t:
Will Neumeister, Communit evelopment Director ~
FROM: Courtney Bednarz, City Planne(!f
SUBJECT: Approve Variance/Temporary Living Quarters/15451Prairie Road - Planning
DATE: May 6, 2003
INTRODUCTION
The applicant is seeking approval of a variance to allow them to live in the existing house while a
new house is constructed on the same property.
DISCUSSION
, Applicable Ordinances
/ Ordinance 8 Section 4.04 limits the number of principal buildings as follows:
(B) Except in Planned Unit Developments there shall be no more than one (1) principal
building on one (1) lot in all residential districts.
Similar Requests
A similar request was approved in 1984. The applicant was allowed 120 days to remove the
existing house once a building permit had been issued as illustrated with the attached resolution
and minutes.
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
/ vacant lot.
4. Economic considerations may not constitute an undue hardship if reasonable use of the
\ property exists with application of the minimum standards of this chapter.
/
Findings for this Request
It has been the City's policy to utilize the variance process in the past to accommodate this
scenario. Findings are the same as used in the past as illustrated in attached Resolution R112-84
and also included in the proposed resolution. One of the findings is that the use of the existing
house for temporary living quarters is far more compatible with the neighborhood than moving in
a mobile home or some other temporary structure.
Fire Department Training
The applicant and Fire Department have discussed using the existing house for fire training
purposes once the new home has been completed. This may affect the timing of removal of the
existing house.
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the proposed variance. They
also requested that language be added to the resolution to allow additional time for removal of
the old house if needed to allow the fire department to conduct their training exercises.
ACTION REQUESTED
Please adopt the attached resolution approving the proposed variance.
I Attachments
Proposed Resolution
Location Map
Property Survey
R112-84
Planning Commission Minutes
Cc: Matt and Nicole Mason, 15451 Prairie Road
\
/
-2-.-
CITY OF ANDOVER
\ COUNTY OF ANOKA
/
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING THE VARIANCE REQUEST TO ALLOW EXISTING
PRINCIPAL STRUCTURE TO REMAIN DURING CONSTRUCTION OF A NEW HOME ON
PROPERTY LOCATED AT 15451 PRAIRIE ROAD (P.I.D. 24-32-24-23-0004) LEGALLY
DESCRIBED AS FOLLOWS:
THAT PART OF THE SW 1/4 OF THE NW '/4 OF SECTION 24, RANGE 32, TOWNSHIP 24
DESCRIBEDAS BEGINNING AT A POINT ON THE WEST LINE OF SAID SW '/4 OF THE
NW '/4 A DISTANCE OF 946.7 FEET NORTH FROM SW CORNER THEREOF THENCE
CONTINUING NORTH ALONG SAID WEST LINE A DISTANCE OF 335 FEET THENCE
AT RIGHT ANGLES EAST 650.15 FEET THENCE AT RIGHT ANGLES SOUTH 335 FEET
THENCE WEST TO THE POINT OF BEGINNING SUBJECT TO EASEMENT FOR PUBLIC
ROAD OVER THE WEST 33 FEET THEREOF
WHEREAS, the Planning Commission has reviewed the request of Matt and Nicole Mason to
vary from the requirement of Ordinance 8, Section 4.04(B) for property located at 15451 Prairie
Road to allow them to reside in the existing principal structure while a new principal structure is
constructed, and;
/ WHEREAS, after review the Planning Commission has recommended approval of the request,
and;
WHEREAS the City Council acknowledges that such variances have previously been granted to
allow a resident a place to live while a new dwelling is being constructed, and;
WHEREAS the City Council feels that an existing dwelling being used for temporary living
quarters is preferable, in most cases, over a temporary mobile home or similar.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to allow the Existing house to remain on the subject
property subject to the following:
1. The existing principal structure shall be required to be removed from the property and
properly disposed of within 30 days after a Certificate of Occupancy has been issued for
the new principal structure, with failure to comply necessitating legal action by the City.
2. The timing of removal of the existing principal structure may be extended at the request
of the Fire department.
Adopted by the City Council of the City of Andover on this _th day of ,2003.
CITY OF ANDOVER
/ ATTEST: Michael R. Gamache, Mayor
Victoria V olk, City Clerk
-3-
Variance
15451 Prairie Road
, "
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\
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,
Established in 1962
LOT SURVEYS COMPANY, INC. The only eosements shown or
provided by client.
LAND SURVEYORS We hereby certify thot this is
o survey of the boundories c
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA locotion of 011 buildings ond
7601 73rd Avenue Nerth (763) 560-3093 soid lond.
Fax No. 560-3522 Surveyed by us this 31st
/ Wlnneapelis, )linne.eta 55428
g,uru ry Org (!! rriifi rn ir Rev 4-03.03
-S"-
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
\ NO. R112-84
A RESOLUTION APPROVING A VARIANCE REQUEST FROM THE PROVISIONS OF
ORDINANCE NO. 8, SECTION 4.04(B) TO ALLOW THE CONSTRUCTION OF A NEW
DWELLING UNIT ON A PARCEL ALREADY HAVING AN EXISTING UNIT AS SUCH,
REQUESTED BY BETTY KNUDSON AND JEAN STEINBRING.
WHEREAS, the Planning and Zoning commission- has reviewed
the request of Betty Knudson and Jean Steinbring to approve a
variance to allow them to reside in an existing structure on their
property while a new principal dwelling is being constructed; and
WHEREAS, after such review the ~lanning and Zoning commission
has recommended approval of the request; and
WHEREAS, the City council acknowledges that such variances
have previously been granted to allow a resident a place in which to
live while a new dwelling is being built; and
WHEREAS, the City council feels that an existing dwelling
being used for temporary living quarters is preferable, in most
cases, over a temporary mobile home or similar.
NOW, THEREFORE, BE IT RESOLVED by the City council of the
City of Andover to hereby approve the variance request of Betty Knudson
and Jean Steinbring to allow them to reside in the existing structure
on Plat 65904, Parcel 6200.
BE IT FURTHER RESOLVED that such approval shall be contingent
upon the existing structure being demolished within 120 days following
the issuance of the building permit for the new dwelling unit, with
failure to comply necessitating immediate legal action by the City.
Adopted by the City council of the City of Andover this 16th
day of october , 1984.
CITY OF ANDOVER
ATTEST: ~~/ t..... P'_ /~
Jert Wi .. schitl - Mayor
Patricia K. Lindquist - City Clerk
\
-c,-
Agenda comments
October 16 Regular Meeting
Page 2
') Item No. 4b - Lot Split/D.Kirchner (continued)
a park dedication fee of $200, i. e. , $100 for each newly created lot.
The exceptions for lot width and area will be included in the
resolu.tion.
Item No. 4d - Amended Special Use Permit/Wm. Rademacher
Mr. Rademacher is requesting an amendment to his permit for the gas
pumps at Bill's Superette to allow him to extend the island and change
the pumps to those with electronic dispensers, as well as increase
the number of dispensers on each pump. Planning and zoning Commission
is recommending approval of the request, subject to the required City
and State inspections. A resolution will be prepared, noting the
change will promote a better customer flow during busy hours.
-/. Item No. 4e - variance/Kudson-Steinbrin~
The property owners are requesting a variance to allow them to use
the existing dwelling unit on the property as a temporary dwelling
while a new unit is being constructed. Planning and zoning Commission
is recommending approval. A resolution will be prepared requiring
that the existing (tempor ary) dwelling unit shall be demolished and
removed from the property within 120 days following issuance of the
building p~rmit for the new structure. You will note the P&Z is
recommending demolition prior to the issuance of the Certificate of
Occupancy; such action would leave the occupants without living
quarters for a short period of time, therefore, the 120 days are
more appropriate.
Item No. 4f - Water service/Good Value Homes, Inc.
This item is continued from the October 2nd Meeting. Good Value is
to bring in more concrete time frames for the development of the
property in question.
Item No. 4g - Warning Devices
The City Council had requested the Building Inspector to research
costs, availability, etc. of warning devices to be installed in
various strategic locations in the City. He will have a report for
you.
Item No. 4h - Abatement/Dangerous Buildings
The dwelling unit at 14003 Yukon Street was damaged during the July,1983,
storm; since that time the property owner has been litigating the
damage/payment with his insurance company. As a result repairs were
not made on the dwelling. Approximately a month ago, a permit was
given to allow the property owner to move the building out of the City
so he could construct a new dwelling. The house was moved off the
basement, however, because of problems between the property owner and
the Movers, the house is still on the property and the foundation/
basement from which it was moved is now an open excavation. The structure
as it now sits presents a danger, therefore, abatement is requested.
Amotion is needed to proceed with filing of the notice.
-7-
,
.
PLANNING AND ZONING COMMISSION MEETING -APRIL 22,2003
To e Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
calle order by Acting Chairperson Tim Kirchoff on April 22, 2003, 7:01p.m., at the
Andover Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Chairperson Daninger (arrived at 7:36 p.m.),
Commissioners Tim Kirchoff, Tony Gamache, Dean Vatne,
nathan Jasper and Michael Casey.
Commissioners absent:
Also present:
APPROVAL OF MINUTES.
April 8, 2003
Motion by Casey, seconded by Vatne, to approve the minutes as presented.
carried on as-ayes, O-nays, 2-absent (Daninger and Greenwald) vote.
~ VARIANCE (03-04) TO ORDINANCE 8, SECTION 4.04(B) TO ALLOW EXISTING
PRINCIPAL STRUCTURE TO REMAIN DURING CONSTRUCTION OF A NEW
HOME ON PROPERTY LOCATED AT 15451 PRAIRIE ROAD.
Mr. Neumeister explained that the applicant is seeking approval of a variance to allow
them to live in the existing house while a new house is constructed on the same property.
Mr. Neumeister stated a similar request was approved in 1984. The applicant was
allowed 120 days to remove the existing house once a building permit had been issued.
Mr. Neumeister discussed the State Statute and information with the Commission.
Commissioner Jasper asked if the fire department using this structure for fire training
would necessitate allowing more than thirty days after certificate of occupancy for the
.
-6'-
.
Regular Andover Planning and Zoning Commission Meeting
Minutes - April 22, 2003
Page 2
structure to be removed. Mr. Neumeister stated he would add this when it would go to
City Council for approval.
Commissioner Gamache asked what staff has found for a hardship in order to allow this
to happen. Mr. Neumeister stated it is an unusual circumstance and the home is on a
large lot in an area that an additional home under construction would not affect anything.
Acting Chairperson Kirchoff stated he looks at this as a very temporary variance. Mr.
Neumeister stated the need for the variance would go away in a few months.
Acting Chairperson Kirchoff asked if there has been a possibility of ACCAP buying the
home and moving it. Mr. Neumeister asked the applicant if the house was worth saving.
Mr. Matt Mason, 15451 Prairie Road, stated his thoughts were they would try to donate it
to the City for fire training or the historical society. Mr. Neumeister asked what the
square footage of the house was. Mr. Mason stated the foundation size was 750 or 800
square feet. He stated he has talked to some moving companies and they had concerns
with the structural integrity of the house and it has been added onto several times so
trying to move the house off the property without taking down trees would be almost
impossible and they are trying to preserve the natural site of the property. Mr.
Neumeister stated he knew the Fire Department was interested in this house for training
purposes.
Commissioner Vatne asked when do they consider a building to be the principal building
on site when something is being built. Mr. Neumeister stated anytime the structure can
be considered a residence, it is a principal building so these could be considered two
principal buildings. Commissioner Vatne asked when the building would be considered a
primary structure. Mr. Neumeister stated once it has received its certificate of
occupancy.
Commissioner Vatne asked if there was a firm commitment in interest from the Fire
Department for the house. Mr. Neumeister stated that was correct.
Commissioner Jasper stated they might want to consider at another time to look at
changing the Ordinance.
Motion by Jasper, seconded by Gamache, to recommend approval of the variance be
granted to allow the existing house to remain on the property during construction of the
new house with added language regarding the Fire Department. Motion carried on a 5-
ayes, O-nays, 2-absent (Daninger and Greenwald) vote.
Mr. Neumeister stated that this item would be before the Council at the May 6, 2002 City
Council meeting.
--/-
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/
CITY OF ANDOVER
1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA55304. (763) 755-5100
FAX (763) 755-8923. WWW.C!.ANDOYER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administratorf
FROM: David Almgren, Building Official
SUBJECT: Adoption of2000 lRC & IBC Building Code
DATE: May 6, 2003
INTRODUCTION
The new Building Code has been adopted by the State as of March 31, 2003; therefore it is a
State requirement that each City adopt the new code.
DISCUSSION
,
/ There are many changes to the new Building Code, too numerous too list all ofthe changes.
BUDGET IMPACT
ACTION REOUIRED
Request the City Council to adopt the attached Ordinance No. 205 B
Adopting the current Building Code, adopted by the State, March 31, 2003.
Respectfully submitted,
f2=n~
City Building Official
.
CITY OF ANDOVER
/ COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 205B
AN ORDINANCE AMENDING ORDINANCE NO. 205 ADOPTING THE
MINNESOTA STATE BUILDING CODE:
The City Council of the City of Andover does ordain:
ORDINANCE NO. 205 is hereby amended as follows:
Section 1. Application, Administration and Enforcement.
The application, administration, and enforcement of the code shall be in accordance with
Minnesota rule f*lFt chapter 1300.2100 and as modified by chapter 1305. The code shall
be enforced within the extraterritorial limits permitted by Minnesota Statute 16B.62
subdivision 1 when so established by this ordinance.
Section 2. Permits and Fees.
/ The issuance of permits and the collection offees shall be as authorized in Minnesota
Statutes 16B.62 subdivision 1 and as provided for in chapter 1 of the 1994 Uniform
Building Code and Minnesota rules parts 1305.0106 and 1305.0107.
Permit fees shall be assessed for work governed by this code in accordance with
Resolution #R307 94 flR263 98 Ordinance #260 and as amended by the City Council. In
addition, a surcharge fee shall be collected on all permits issued for work governed by
this code in accordance with Minnesota Statute 16B.70 (205A, 2-16-99).
Section 3. Buildinl! Code.
The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59
to 16B.75 is hereby adopted as the building code for this jurisdiction Municipality. The
code is hereby incorporated in this ordinance as if fully set out herein.
A. The Milmesota State Building Code includes the following chapters of Minnesota
Rules:
1. Chapter 1300 _ Minnesota Building Code Administration of the Minnesota
State Building Code;
2. Chapter 1301 - Building Official Certification
3. Chapter 1302 - State Building Code Construction Approvals;
4. Chapter 1303 - Minnesota Provisions;AdoptioR of the 1994 1997
Uniform Building Code including Appendix Chapters:
a. 3, Division I, Detention and Correctional Facilities
1
~
\ b. 12, Division II, Sound Transmission Control
J c. 29, Minil11um Plumbing Fixtures
d. 15, Reroofing
e. 16, Di'iision I, Snowload Design
f. 31, D;vision II, Membrane Stmctures
5. Chapter 1305 +w+ - Adoption of the 2000 International Building Code;
Elevators and Related Devices
6. Chapter 1306 ~ - Special Fire Protection Svstems; Adoption of the
1993 1996 National Electrical Code
7. Chapter 1307 1325 Elevators and Related Devices.Solar Energy Systems
8. Chapter 1309 ill{} - Adoption of the 2000 International Residential Code;
Fallout Shelters
9. Chapter 1311 ~ - Adoption of the 2000 Guidelines for the
Rehabilitation of Existing Buildings; Floodproofing Regulations
10. Chapter 1315 H49 - Adoption of the 2002 National Electrical Code;
Facilities for the Handicapped
11. Chapter 1325 1316 Solar Energv Svstems; ,\doption of the 1991
Unifom1 Mechanical Code
12. Chapter 1330 ~ - Fallout Shelters; Manufact~lred Homes
13. Chapter 1335.g@ - Floodproofing Regulations; Prefabricated Buildings
14. Chapter 1341 13651361- Minnesota Accessibility Code;Snow Loads
Industrialized/Modular Buildings
15. Chapter 1346 -819 - Adoption of the Minnesota State Mechanical Code;
Storm Shelters (Manufact~lred Home Parks)
16. Chapter 1350 ~ - Manufactured Homes; Minnesota Plumbing Code
17. Chapter 1360 ~ - Prefabricated Structures; Minnesota Energy Code
18. Chapter 1361 - IndustrializedlModular Buildings;
19. Chapter 1370 - Storm Shelters (Manufactured Home Parks);
20. Chapter 4715 - Minnesota Plumbing Code
21. Chapter 7670. 7672, 7674, 7676, and 7678 - Minnesota Energy Code
(205A, 2-16-99)
B. This municipality may adopt by reference any or all of the following optional
appendix chapters of the 19911997 Unifom1 Building Code as authorized by
Minnesota Rules: Chapter 1306, Special Fire Protection Systems; and Chapter
1335. Floodproofing Regulations, parts 1335.0600 to 1335. 1200. part 1305.0020
subp~ 2:15, Reroofing; 33, Excavation and Grading. 2:3. Division III, 1992 one
and tViO family dwellinc: code; 33. Excavatin<:: and Grading (205A, 2-16-99).
The follo\ving optional appendix chapters of the 19911997 Unifonn Building
Code are hereby adopted and incorporated as part of the bailding code for this
municipality (205,^., 2 16 99).
1. 15, Reroofing
2. 33, Excavating and Grading
C. This municipality may adopt by reference appendix chapter K (Grading), of the
2001 Supplements to the Intemational Building Code. any or all of the following
2
,
optional chapters of Minnesota rule: 1306, Special Fire Protection Systems with
option 8a (Group M, S, or F occupancies with 5,000 or more gross square feet);
1335, Floodproofing regulations parts 1335.0600 to 1335.1200.
The following optional provisions identified in Section 4. Subp. Band C chapters
of Minnesota rule are hereby adopted and incorporated as part of the building
code for this municipality:
1306 Special Fire Protection System with the following options:
a. 1306.0020 Subp. 2 and 1306.0030 E option 1. Special Fire Protection
System with Option 8A
b. 1335 Floodproofing regulations parts 1335.0600 to 1335.1200.
D. Section 109. Certificate of Occupancy.
No building or structure shall be used or occupied. and no change in the existing
occupancy classification of a building or structure or portion thereof shall be made
until the Building Official has issued a Certificate of Occupancy therefor as
provided herein including Group R. Division; III (205A, 2-16-99).
Section 7. Violations and Penalties.
Any person ''vho 'iiolates any provision of this ordinance shall be guilty of a misdemeanor
and shall be subject to applicable fines and imprisonment defined by State lavi._
A violation of the code is a misdemeanor (Minnesota statute 16B.69) and Minnesota
Rules. Chapter 1300.This Ordinance shall become effective from and after its passage
and publication as required by law.
Adopted by the City Council of the City of Andover this 6th day of May, 2003.
CITY OF ANDOVER
Michael R. Gamache Mayor
ATTEST:
Victoria Volk, City Clerk
3
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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 Councilmembers
CC: John Erar, City Adrninistrato~
FROM: Vicki V olk, City Clerk
SUBJECT: Public Hearing/Abatement of Nuisance /Dog
DATE: May 6, 2003
INTRODUCTION
A public hearing has been scheduled to consider whether a dog should be declared a nuisance.
DISCUSSION
/
Marc Schulte, 2539 - 134th Avenue NW, owns a pit bull that has been cited many times for
running at large and not being licensed. Attached are the police reports along with a breakdown
of the reports indicating the complaint and whether the owner was issued a citation. Also
attached are copies of pictures of the dog off of its property
Ordinance 233, Section 27, Nuisances Subject to Abatement states the following is a nuisance
subject to immediate abatement by a resolution of the City Council: "Any dog/cat that has
engaged in conduct resulting in three or more established violations of this ordinance for
nuisance. An 'established violation' is any violation for nuisance declared as established by the
City Council, or which results in a conviction in a court of competent jurisdiction.
The owner of the pitbulthas been mailed a notice of the public hearing as well as a copy of the
dog ordinance. Several of the complainants have also been notified of the meeting.
ACTION REQUIRED
The City Council is requested to declaring the dog a nuisance and by adopting a resolution to
either: 1) have the dog confiscated and destroyed in a proper and humane manner; or 2) order the
dog to be removed from the city permanently.
'\
/
'\ If the owner fails to comply with the order to abate, the city shall have the civil remedy of
/ injunctive relief and may apply to a court of competent jurisdiction for an order compelling
compliance with the abatement order.
Attached are the two resolutions, one to have the dog destroyed and one to have the dog removed
from the city permanently.
Respectfully submitted,
iLL' O;/b
Vicki V olk
City Clerk
,
/
/
"
DATE & TIME OF COMPLAINT TAGGED
INCIDENT
8/15/02 11:01 pm Dog Barking Yes #603-394
11/7/02 1: 19 pm No Leash Yes #616-655
1/7/03 12:03 am No Leash No
1/15/03 2:56 am No Leash No
1/15/03 7:27 am No Leash No
1/16/03 11:13 pm No Leash/No License Yes #609-180
1/17/03 2:15 am No Leash No
3/23/03 2:11 pm No Leash Yes #607-808
3/24/03 No Leash Yes #607-808
.
Case Number 02180788 Details Page 1 0
Case Number 02180788 Details
CASE DESCRIPTION: 09572 ANIMAL COMPLAINT - DOG BARKING
\
I
DATE OF INCIDENT: 8/15/200223:01
LOCATION OF INCIDENT: 2539134 AVE NW, ANDOVER, MN 55304-
NAME DOB SEX INVOLVEMENT
SEDERSTROM.BRUCE M REPORTEE
SCHULTE. MARC DAVID 8/13/1978 M SUSPECT
REPORTING OFFICER(S): 14607 LENZMEIER, PAUL
NARRATIVE:
TAG #603-394 - DOG BARKING
RESPONDED TO LOCATION ON A DOG BARKING AND DISTURBING. I ARRIVED TO FIND A
DOG CONTINUALLY BARKING FROM BEHIND THE LOCATION. THE HOUSE WAS DARK AND
THERE WAS NO ANSWER BY PHONE OR BY KNOCKING ON THE DOOR. THE OWNER WAS
ISSUED A CITATION FOR THE ANDOVER ORDINANCE PROHIBITING HABITUALLY BARKING
DOGS. CLEAR.
DEPUTY LENZMEIER
LAURIE K.
Case Number 02248897 Details Page 1 0
Case Number 02248897 Details
CASE DESCRIPTION: 09573 ANIMAL COMPLAINT - DOG ON LOOSE/NO LEASH
\
DATE OF INCIDENT: 11/7/200213:19
LOCATION OF INCIDENT: 13500 BLOCK HIDDEN CREEK DR NW, ANDOVER, MN 55304-
NAME DOB SEX INVOLVEMENT
BORDEN, RICK M REPORTEE
SCHOL TE. MARK DAVID 8/13/1978 M SUSPECT
REPORTING OFFICER(S):
NARRATIVE:
DISPATCHED TO THE 13500 BLOCK OF HIDDEN CREEK DRIVE ON COMPLAINT OF A LOOSE
PITBULL. I WITNESSED SAID PITBULL AT 135TH AND HIDDEN CREEK. I RECOGNIZED THIS
PITBULL FROM PREVIOUS ENCOUNTERS.
I WENT TO THE HOUSE ON THE CORNER OF 134TH AVENUE AND HIDDEN CREEK, 2539
134TH AVENUE NW, KNOWN TO ME TO BE THE HOME OF THE PITBULL. I SPOKE WITH
MARK DAVID SCHOLTE, DOB: 08/13/78, THE HOMEOWNER. I TOLD MR. SCHOLTE THAT I
WOULD BE CITING HIM FOR DOG AT LARGE NUISANCE AND HE WOULD BE RECEIVING
THE CITATION BY MAIL. MR. SCHOL TE DID NOT ARGUE. HE RECEIVED CITATION NUMBER
616-655. NO FURTHER.
CSO KING
CAREY S.
CC: CLERK OF COURT (TAG #616-655)
Case Number 03004286 Details Page 1 0
Case Number 03004286 Details
CASE DESCRIPTION: 09571 ANIMAL COMPLAINT - DOGS
DATE OF INCIDENT: 1/7/200300:03
LOCATION OF INCIDENT: 2481133 LN NW, ANDOVER, MN 55304-
NAME DOB SEX INVOLVEMENT
KRONE, PAUL CHRISTINE 9/16/1957 M REPORTEE
REPORTING OFFICER(S): Z099 MERRITT, SEAN
NARRATIVE:
DISPATCHED TO THE LOCATION ON REPORT OF A PIT BULL IN THE CALLER'S YARD.
UPON ARRIVAL THE DOG WAS NOT THERE. I GAVE THE COMPLAINANT ANIMAL SHELTER
INFORMATION. CENTRAL COMM THEN ADVISED THE DOG WAS ON A NEIGHBOR'S DECK.
IT WAS A BROWNIWHITE PIT BULL. I ATTEMPTED TO CONTAIN THE DOG BUT IT GOT
AWAY. CLEAR.
DEPUTY MERRITT
:NC
Case Number 03010242 Details Page 1 0
Case Number 03010242 Details
CASE DESCRIPTION: 09573 ANIMAL COMPLAINT - DOG ON LOOSE/NO LEASH
DATE OF INCIDENT: 1/15/200302:56
LOCATION OF INCIDENT: 2482133 LN NW, ANDOVER, MN 55304-
NAME DOB SEX INVOLVEMENT
CONNOY. MICHAEL REPORTEE
REPORTING OFFICER(S): Z181 SCHELL, STEVE
NARRATIVE:
I WAS DISPATCHED TO THE LOCATION FOR A BROWN AND WHITE PITBULL DOG RUNNING
LOOSE IN THE AERA.
UPON ARRIVAL I CHECKED THE AREA FOR THE DOG FOR APPROXIMATELY 11 MINUTES,
BUT I WAS UNABLE TO LOCATE THE DOG. CLEAR.
DEPUTY SCHELL
:NC
Case Number 03010293 Details Page 1 0
Case Number 03010293 Details
CASE DESCRIPTION: 09573 ANIMAL COMPLAINT - DOG ON LOOSE/NO LEASH
DATE OF INCIDENT: 1/15/200307:27
LOCATION OF INCIDENT: 2468133 LN NW. ANDOVER, MN 55304-
NAME DOB SEX INVOLVEMENT
BUDACH, ROSCHELL ONIDA 3/27/1964 F REPORTEE
SCHULTE, MARC DAVID 8/13/1978 M MENTIONED
REPORTING OFFICER(S): Z125 JORGENSEN, MIKE
NARRATIVE:
COMPLAINANT SAW A STRAY PIT BULL DOG IN HER BACK YARD UPON HEARING HER
OWN DOG BARKING. AFTER SHE CONTAINED HER DOG, SHE WANTED THE AREA
CHECKED.GONUTL.
UPON FURTHER FOLLOW UP AT THE SCHULTE HOME, SCHULTE SAID THAT HE HAD BEEN
CARING FOR A FRIEND'S "PIT BULL" FOR THE LAST TWO MONTHS. SCHULTE DID NOT
THINK HIS FRIENDS "FRIENDLY" PIT BULL HAD GOTTEN LOOSE. I TOLD HIM ABOUT
SEVERAL RECENT COMPLAINTS; UNKNOWN IF SAME PIT BULL BROWN AND WHITE.
CLEAR.
\ DEPUTY M. JORGENSEN
MG
Case Number 03011603 Details Page 1 0
Case Number 03011603 Details
CASE DESCRIPTION: 09571 ANIMAL COMPLAINT - DOGS
09573 ANIMAL COMPLAINT - DOG ON LOOSE/NO LEASH
09574 ANIMAL COMPLAINT - DOG NO LICENSE
DATE OF INCIDENT: 1/16/200323:13
LOCATION OF INCIDENT: 2482133 LN NW, ANDOVER, MN 55304-
NAME DOB SEX INVOLVEMENT
CONNOY.DEANNALYNN 7/30/1972 F REPORTEE
./ SCHULTE. MARC DAVID 8/13/1978 M SUSPECT
REPORTING OFFICER(S): Z099 MERRITT, SEAN
NARRATIVE:
I WAS DISPATCHED TO THE LOCATION ON REPORT OF A STRAY PITBULL RUNNING
AROUND IN THE COMPLAINANT'S BACK YARD. MARC SCHULTE WAS ISSUED CITATION
#609-180 BY MAIL FOR THE DOG BEING AT LARGE AND NOT HAVING THE DOG LICENSED.
SEE SUPPLEMENT.
DEPUTY MERRITT
JC
,
, SUPPLEMENTARY INVESTIGATION REPORT
CASE NO. 03-011603
OFFENSE: ANIMAL COMPLAINT
; COMPLAINANT: DEANNA LYNN CONNOY
ADDRESS: 2482 133 LN NW, ANDOVER, MN 55304
ADDITlO:>lAL DETAILS OF OFFENSE, PROGRESS OF INVESTIGATION, ETC.
On 1/16/03 at 23:13 hours, I Deputy Merritt was dispatched by central
communications to 2482 133rd Lane NW on a report of a stray pitbull running around in the complainant's back
yard. Upon my arrival, I met with Deanna Lynn Connoy, DOB: 7/30/72. Ms. Connoy stated that the brown
pitbull was in the back yard with her dog. As I walked toward the back yard, I observed a pitbull, brown in color
with white underneath its jaw and neck area.
The pitbull has been the same dog reported on several complaints in the area loose and in residents' yards.
I have responded to a couple ofthose calls and observed the same dog or have been told by the complainant of
the same description. The pitbull had a collar on it, but I did not observe a tag on the collar during this incident
or past incidents. I attempted to subdue the dog and contain it by using our department issued taser. I deployed
the taser, but it was unsuccessful. The dog ran from the location. I spoke to Ms. Connoy and she was aware of
the dog having been in her neighbors' yards on other occasions. I advised Ms. Connoy to call ifthe dog was to
return.
Deputy Bolles was dispatched to the area on another complaint relating to the same pitbull in the early
morning hours of 01/17/03. I assisted Deputy Bolles in looking for the pitbull. We could hear it barking
approximately one block north of 133rd Lane. We then observed it on the deck of2539 - 134th Avenue NW. We
attempted to approach the dog, not knowing ifthat was the residence the dog had come from. The dog then ran
from the deck and east from the location. The dog had been barking for several minutes. We were unable to
contain the dog at that time.
I later learned from another deputy that the owner ofthe pitbull does live at that location, later found to
be Marc David Schulte, DOB: 8/13/78. I referred to past incident reports and Mr. Schulte has been issued
citations for permitting a loose dog and barking complaints.
At a later date, I contacted the Andover City Clerk to check to see if Mr. Schulte or anyone at that
residence had obtained a dog license required by the city of Andover. The city clerk advised me that neither Mr.
Schulte nor anyone else from that residence had a license on file for the pitbull. Mr. Schulte was issued citation
#609-180 for ordinance violation #233 for dog at large and dog license required. I issued the citation to Mr.
Schulte by U. S. Mail. Refer to the following case numbers for previous complaints regarding the pitbull:
Case numbers 02-180788, 02-248897, 02-252897, 03-004286, 03-010242, 03-010271, 03-010293, 03-011693.
No further information at this time.
Deputy Merritt, Badge #199 JC 01/22/03
THIS OFFENSE IS DECLARED:
Unfounded []
SIGNED: DATE:
Cleared by Arrest [] Investigating Officer
Exceptionally Cleared []
, Inactive (Not Cleared) [] SIGNED: DATE:
Refer to other Agency [] Chief or Commanding Officer
This Form is Used by Officer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments.
Case Number 03011693 Details Page 1 0
Case Number 03011693 Details
CASE DESCRIPTION: 09573 ANIMAL COMPLAINT - DOG ON LOOSE/NO LEASH
,
J
DATE OF INCIDENT: 1/17/200302:15
LOCATION OF INCIDENT: 2481133 LN NW, ANDOVER, MN 55304-
NAME DOB SEX INVOLVEMENT
KRONE. PAUL CHRISTIAN 9/16/1957 M REPORTEE
REPORTING OFFICER(S): Z193 BOLLES, TRAVIS
NARRATIVE:
DISPATCHED A LOOSE PIT BULL RUNNING ON THE BLOCK AGAIN. THERE HAS BEEN
SEVERAL CALLS ON THIS PARTICULAR DOG IN THE PAST TWO WEEKS. I LOCATED THE
DOG AND CHASED IT THROUGH THE NEIGHBORHOOD UNABLE TO CONTAIN IT. CLEARED.
DEPUTY BOLLES #193
MG
Case Number 03061062 Details Page 1 0
~ Case Number 03061062 Details
('../
, -
,
CASE DESCRIPTION: 09573 ANIMAL COMPLAINT - DOG ON LOOSE/NO LEASH
DATE OF INCIDENT: 3/23/2003 14: 11
LOCATION OF INCIDENT: 2493133 LN NW, ANDOVER, MN 55304-
NAME DOB SEX INVOLVEMENT
--
SANDERS, CARTER WAYNE 5/1/1973 M REPORTEE
EVANS. SCOTT ROBERT 11/13/1978 M PARENT
CONNOY, MICHAEL ANDREW WITNESS
SANDERS. BARBARA LARSON 6/19/1972 F WITNESS
SCHULTE. MARC DAVID 8/13/1978 M SUSPECT
REPORTING OFFICER(S): Z151 JOHNSON, CHRIS
NARRATIVE:
AT 14:11 ON 3/23/03, I RECEIVED A CALL TO 2493133 LN NW REGARDING A CONTAINED
DOG. AT 14:34, I ARRIVED AND SPOKE WITH THE CALLER, CARTER SANDERS, 5/1/73. MR.
SANDERS REPORTED THAT THERE WAS A TAN AND WHITE PIT BULL WANDERING LOOSE
IN THE NEIGHBORHOOD. THE DOG HAD BEEN IN MR. SANDERS' BACK YARD, BUT THE
FENCE WAS UNSECURED. THE CALLER STATED THAT THE DOG HAD NOT BEEN
AGGRESSIVE, BUT THERE HAD BEEN A BLACK PIT BULL CAUSING PROBLEMS A YEAR
AND A HALF AGO. HE WAS CONCERNED ABOUT THE THREAT OF LOOSE DOGS IN THE
AREA. MR. SANDERS DID NOT KNOW WHERE THE DOG LIVED.
WHILE I WAS CHECKING THE AREA, I DID FIND A BROWN FEMALE PIT BULL IN THE YARD
AT 2539134 AVE NW. I SPOKE TO SCOTT ROBERT EVANS, 11/13/78, AT THAT ADDRESS. HE
WAS NOT THE OWNER OF THE DOG. HE WAS HOUSE SITTING FOR HIS PARENTS WHO
WERE OUT OF TOWN. MR. EVANS STATED THAT THE DOG HAD BEEN LOOSE EARLIER,
BUT DID NOT BELIEVE IT WAS NEAR THE COMPLAINANT'S BLOCK. I GAVE MR. EVANS A
VERBAL WARNING ABOUT ALLOWING HIS DOG TO BECOME LOOSE AND ADVISED HIM
THAT FURTHER OCCURRENCES WOULD RESULT IN A CITATION. SEE SUPPLEMENT.
NOTHING FURTHER AT THIS TIME. CLEAR.
DEPUTY C. JOHNSON
JC
CC: CLERK OF COURT (CITATION #607-808)
SUPPLEMENTARY INVESTIGATION REPORT
.
CASE NO. 03-061062
i OFFENSE: ANIMAL COMPLAINT - DOG AT LARGE
COMPLAINANT: CARTER WAYNE SANDERS
ADDRESS: 2493 133 LN NW, ANDOVER, MN 55304
ADDITIONAL DETAILS OF OFFENSE, PROGRESS OF INVESTlGATIO:'oI, ETC.
On 3/24/03, I was requested by Sergeant Orlando to do follow-up on a dog at large that 5A80 had
handled the day before. She requested that I speak to the complainant, Barbara Larson Sanders, and see if she
was willing to go to court over a dog loose on her property and if so, I was to issue a citation to the owner ofthe
dog. I then went to Barbara's address at 2493 - 133rd Lane NW and spoke to her. She stated that she did witness
a pit bull that was brown, tan and white in her fenced in back yard and she did see it approach her dogs while
she was inside. She then called her dogs in and witnessed a dog jump back over her six-foot fence into the
neighbor's yard once her dogs came inside.
Barbara stated that she has seen this same dog in the neighborhood prior and never with the owner,
always wandering around on its own. She stated that she was willing to go to court if I charged the owner
because she was fearful for her dogs, as well as children in the area, since the dog was intimidating and looked
aggressive. She stated that she knew the owner lived at 2539 - 134th Avenue NW and also that several other
neighbors saw the dog out at the same time, as well as numerous times in the past. One of those neighbors I
\ identified as Michael Andrew Connoy, lived at 2482 - 133rd Lane NW, which was across the street from
, Barbara's. He stated that he did see the dog jumping the fences at Barbara's residence and knew that it was the
same dog that was always wandering around the neighborhood unleashed and without an owner. He described
the dog as brindle, which was brown, tan and white and it was a pit bull. He also knew the dog to belong at
2539 _ 134th Avenue NW. He stated that he was willing to go to court if! pursued charges.
I went to the address of2539 - 134th Avenue NW and talked to several roommates of the homeowner.
The homeowner was identified as Mark David Schulte, DOB: 8/13/78. They stated that he was not home, but
that their pit bull had gotten loose and they had not seen it since it did get loose the day before. They stated that
they did talk to the CSO the day before about the incident. I gave them my card and advised them to give the
card to Mark, since he was the owner ofthe dog and the residence and have Mark give me a call as soon as
possible.
I did not hear from Mark later that day or on the 25'\ so on the 26th of March, I went to the house and
found no one home. Again on the 27th at approximately 17:20, I went to the residence and spoke to the same
roommates, who stated that their dog had been located by someone and had been impounded at an animal shelter
in White Bear Lake. I asked if Mark was around and again he was not, but I was able to obtain his information.
Due to the point that I felt that Mark was avoiding me and I felt I had probable cause for the charge of dog at
THIS OFFENSE IS DECLARED:
Unfounded []
SIGNED: DATE:
Cleared by Arrest [] Investigating Officer
Exceptionally Cleared []
/ Inactive (Not Cleared) [] SIGNED: DATE:
Refer to other Agency [] Chief Of Commanding Officer
This Form is Used by Officer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments.
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Page 2
03-061062
Deputy C. Johnsoll
large, I did mail Mark Schulte a citation for dog at large, ordinance #233.5, citation #607-808 and I did mail it
to him via U.S. mail. No further information.
Deputy C. Johnson, Badge #151
JC 04/03/03
THIS OFFENSE IS DECLARED:
Unfounded [] SIGNED: DATE:
Cleared by Arrest [] Investigating Officer
Exceptionally Cleared []
Inactive (Not Cleared) [] SIGNED: DATE:
Refer to other Agency [] Chief Of Commanding Officer
This Form is Used by Ofticer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments.
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CITY OF ANDOVER
) COUNTYOFANOKA
STATE OF MINNESOTA
RESOLUTION
A RESOLUTION DECLARING A PIT BULL OWNED BY MARC DA VlD
SCHULTE, 2539 - 134TH AVENUE NW. A NUISANCE AND ORDERING THE
CITY'S ANIMAL CONTROL OFFICER TO CONFISCATE THE PIT BULL AND
DESTROY IT IN A PROPER AND HUMANE MANNER.
WHEREAS, the Anoka County Sheriff's Office has responded to 8 complaints
regarding a pit bull running at large; and
WHEREAS, the Anoka County Sheriff's Office has issued four citations for dog
at large; and
WHEREAS, City Ordinance defines running at large a nuisance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Andover hereby declares the pit bull a nuisance and orders the abatement of the nuisance
by ordering the city's animal control officer to confiscate the dog and destroy it in a
proper and humane manner. The costs of confiscating, confining and destroying the
animal are to be paid by the owner of the animal. Any costs not paid within thirty (30)
/ days of this order shall be assessed against the owner's property.
BE IT FURTHER RESOLVED, should the owner fail to comply with the order to
abate the nuisance, the city may apply to a court of competent jurisdiction for an order
compelling compliance with the abatement order.
Adopted by the City Council of the City of Andover this _day of ,2003.
CITY OF ANDOVER
Attest:
Michael R. Gamache, Mayor
Victoria V olk, City Clerk
J
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CITY OF ANDOVER
) COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION
A RESOLUTION DECLARING A PIT BULL OWNED BY MARC DAVID
SCHULTE, 2539 - 134TH AVENUE NW. A NUISANCE AND ORDERING
REMOVAL OF THE PITBULL FROM THE CITY PERMANENTLY.
WHEREAS, the Anoka County Sheriff's Office has responded to 8 complaints
regarding a pit bull running at large; and
WHEREAS, the Anoka County Sheriff's Office has issued four citations for dog
at large; and
WHEREAS, City Ordinance defines running at large a nuisance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Andover hereby declares the pit bull a nuisance and orders the abatement of the nuisance
by ordering the dog to be removed from the city permanently with 48 hours of the
adoption of this resolution.
BE IT FURTHER RESOLVED, should the owner fail to comply with the order to
/ abate the nuisance, the city may apply to a court of competent jurisdiction for an order
compelling compliance with the abatement order.
Adopted by the City Council of the City of Andover this _day of .2003.
CITY OF ANDOVER
Attest:
Michael R. Gamache, Mayor
Victoria V olk, City Clerk
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CITY OF ANDOVER
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 Administrat~ iDE>
David D. Berkowitz, City En ineer ~
FROM: Todd 1. Haas, Parks Coordinator
SUBJECT: Consider Park & Recreation Commission Recommendation/Skateboard
ParklOl-S - Engineering
DATE: May 6, 2003
INTRODUCTION
This item is in regard to the skateboard park behind City Hall and issues that have been raised by
the Park & Recreation Commission and City staff.
" ~
DISCUSSION
As indicated previously to the City Council, the Commission approved a motion to recommend
removing the skate park equipment for the remainder of the year due to persistent problems that
are occurring such as damage to picnic tables, loitering and incidents of fighting. One of those
cases a sheriffs department deputy was called to follow up on the fight. A copy of the motion is
attached.
ACTION REQUIRED
The City Council is requested to consider the motion that was made by the Park & Recreaton
Commission to remove the equipment for the remainder of the year.
Respectfully submitted,
~/A.-
Todd 1. Haas
/
cc: Jim Lindahl, Park & Recreation Commission Chair
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Regular Andover Park & Recreation Commission Meeting
Minutes -April 17, 2003
Page 6
r \ REVIEW OUTSTANDING ITEMS
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. Haas reviewed outstanding items. Mr. Haas stated that for Sunshine Park he had
recel d 2 quotes that both came back slightly above the budgeted amount of $20,000
he was ping that the lights may come in lower than budget to help make up the c
Commission Holthus questioned why these quotes were so much diffe t than the
numbers she h received and shared with the Commission in the past. . Haas stated
that he had the i rmation Commissioner Holthus had brought to p meetings in his
office and excused self to retrieve it.
Mr. Haas returned and stat
The Commission discussed the p sible reasons for the . ferent pricing.
Commissioner Peterson noted that ther
Commissioner Blackstad stated that perhap'
winter project.
Commissioner Grabowski stated t e costs $5,000, then it was not
worth it.
The Commission directed
alternate.
Mr. Haas stated tha e will bring back information for the May 1,2003 m
also talk to ceme contractors to see what their pricing would be.
Mr. Haas s ed that 9 or 10 lighting contractors have picked up the plans and sp
Sunshine ark.
Mr. Haas recommended that there was a need for a Skateboard Task Force meeting. He
stated that there have been some incidents at the park with injuries and a continuing
problem with litter. Mr. Haas stated that there is a possibility that the attendant position
that last year helped to monitor the skateboard park may to be eliminated from the City
budget.
Commissioner Holthus stated that she feels this is a big problem. She stated that there
have been problems with the kids using the City Hall building as a meeting place, being
disrespectful and using bad language within City Hall.
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Regular Andover Park & Recreation Commission Meeting
Minutes -April 17, 2003
Page 7
, ) Commissioner Blackstad questioned why the equipment was put out before the decision
..
regarding the attendant was made. He feels the Commission should consider removing
the equipment if it continues to be a problem.
Commissioner Peterson stated that she feels the front desk staff should have the authority
to ask the kids to leave the premises if they are disruptive. She stated that there were
rules set up last year regarding use of the phones in the building, etc. that should be
followed which would help the situation.
Commissioner Holthus stated that she did not feel that it was the receptionist's job to
handle disruptive kids. She stated that she has been at City Hall when there have been
kids laying on the floor in the lobby blocking foot traffic. She reiterated that the kids
were very disrespectful and used language that she would not repeat. She stated it is a
constant problem and needs to be addressed.
Motion by Blackstad to pull the equipment until rules or an attendant is established.
Further Discussion
Commissioner Holthus stated that the kids were meeting each other in the bathrooms and
she was concerned about damage being done to the facilities.
Mr. Haas stated that the equipment should not be hauled back and forth because it would
cause damage to the equipment.
Commissioner Blackstad stated that he felt even kids that were part of the task force were
breaking the rules and that it was not fair to City staff to have them handling these issues.
Commissioner Blackstad amended his earlier Motion to remove the skateboard park
equipment for the remainder of the year. Seconded by Grabowski. Motion carried on 6-
ayes, I-nays (Peterson), O-absent vote
ommissioner Masloski reported that the first Stakeholders Design
co center was April 8 at which three architectural designs w
next meetm uesday, April 22, 2003.
CHAIR'S REPORT
Commissioner Masloski phone call from a resident
regarding parking pro
Commis r Blackstad stated that he thought it was probably re
that should not be an issue this year.
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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 Councimembers
CC: John Erar, City Administrator I
FROM: Will Neumeister, Community Development Director a/tV./'......
SUBJECT: Consider Amending Ordinance 266/Modifying Rental Housing Licensing--
Planning
DATE: May 6, 2003
INTRODUCTION
Since the Fall of2002, the planning staff has been working on revising the Rental Housing
Ordinance. The Council reviewed the first draft of the changes to the Rental Housing
Ordinance on October 1, 2002. As a result of those discussions, it was sent back to staff for
further research. Staff studied the City of New Brighton's Rental Housing Ordinance and felt
that it more closely followed the Council's directive. As a result, the proposed changes to the
/ Rental Housing Licensing Ordinance is patterned after New Brighton's.
PUBLIC HEARINGS
At the Council workshop of February 26, 2003, Council provided direction to staff to bring the
proposed Ordinance forward to the Planning Commission for public hearings. In the past two
months, the Planning Commission has spent a great deal of time discussing this issue. They
held public hearings at three meetings and allowed the rental property owners to comment
regarding the changes. The three meetings where public testimony and open discussion
occurred were March 11 th, April 8th and 22nd. At the last two meetings, staff prepared a
summary of issues that had been previously discussed, sent copies of the issues and proposed
changes to each of the rental property owners and invited them to attend and/or send in their
written comments. At the April 8th meeting, the following issues were thoroughly discussed:
Issue #1: Imprecise/ambiguous wording involving the "rental units", "multiple dwellings",
"rental housing units", "living unit" and "rental dwellings " were being used. The
suggestion was to make it consistent and remove the interchangeable way they were being
used to avoid confusion.
Discussion: Staff has resolved the issue by being consistent and using the definition "rental
dwelling" wherever there were other words used.
Issue #2: Comments were made that all rental units should obtain a license. Some of the
Commissioners, as well as property owners in the audience, indicated that all rental
dwellings should be required to obtain a license. Based on the definition in the ordinance,
duplexes that were owner occupied were not required to obtain a license for their building.
Discussion: This is a policy question. The history on this issue reveals that the Council
directed that owner occupied duplex units have not been required to obtain a rental license. The
current wording in the Ordinance exempts these types of units.
Issue #3: One of apartment owners indicated that the new ordinance would require the
landlord to be held responsible for the actions of the tenant, and he thought it would be
tough to do when they cannot evict for the types of violations that are listed. The Acting
Chairman stated that eviction laws would be the primary way landlords could evict and that
this ordinance was just a backup to the state statutes.
Discussion: Staff recommended that the rental owners modify their lease agreements to include
specific language that may be in the Ordinance that explains that violations of the Ordinance
sections would also become grounds for eviction.
Issue #4: One of the Commissioners was concerned that the reporting of violations and the
details that may be in the reports needs to be evaluated, because of privacy laws. To share
the information with all the landlords in Andover the City may need to be careful how that
information is disseminated. The landlords need to be aware of what violations their
tenants have and then they can be a little more proactive in managing their complexes.
/ Discussion: The City Attorney has responded to this issue and indicates, "the distribution of
information the City collects is governed by the data practices act and the City needs to make
sure that we comply with those provisions". The written information of a violation will only be
sent to the landlord of the unit where an offense occurred. The written information will be
generic in nature. The specific details of the criminal report will require that the owner come to
City Hall and only then will a limited amount of more detailed information be given out. Until
a person has been charged with a crime, the offending party only allegedly committed an
offense.
Issue #5: One Commissioner wanted to know the costs involved in having this ordinance
become law. For instance, how much more reporting, inspections, law enforcement staff
time would be spent to enforce this ordinance.
Discussion: This is an administrative question. City staff that have the duty of enforcing the
Ordinance said that this will not take any more time than it currently does to administer. The
Sheriff indicated that they have their reporting system working properly and this should not
pose any undue burden upon them.
Issue #6: One Commissioner indicated that there should be a review of section 11 as it
relates to possession of controlled substances and he indicated that there is a difference
between possession and sale. Do we need to be concerned about making that distinction?
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Discussion: The words "or sale" have been added to the section that governs this.
/ The Public Hearing was continued to the April nod meeting to allow more discussion and time
to think through the various issues. The following issues were discussed that night:
Issue #1: Imprecise/ambiguous wording involving the "rental units ", "multiple dwellings ",
"rental housing units ", "living unit" and "rental dwellings" were used. Commissioner
Jasper gave staff suggested a few more changes.
Discussion: Again, the Staff and Planning Commission agreed that this should be done.
Issue #2: Once again, comments were made that the ordinance should be reworded to apply
to all rental units, including owner occupied multifamily (i.e. duplex) units.
Discussion: The wording of the definition of a Rental Dwelling was agreed to be changed to
make the Ordinance to apply to all multiple family rental dwellings that are located on a single
lot (i.e. including owner occupied duplexes). The suggested wording would exempt townhouse
and single family homes from having to get a rental license if they should choose to rent it out.
The Planning Commission discussed this policy question. Staff related to them that the history
on this issue reveals that the Council had directed in the past that the owner occupied duplex
units have not been required to obtain a rental license for the side that is rented. Herb Blommel,
the City's Rental Housing Inspector, indicated that this would make twelve owner occupied
units subject to the Ordinance that had been exempted in the past. The Planning Commission
suggested the following wording changes be adopted:
Rental Dwelling -- Any building with two (2) or more separate living units with at least
one (1) unit for hire. Rental dwelling does not include hotels, motels and hospitals.
Issue #3: The process of suspending a license is inconsistent between a provisional and a
regular license.
Discussion: The Planning Commission did not feel there was an inconsistency after they
looked at it closer.
Issue #4: Section 11, Subsection 1 needs to be rewritten to add the violation of the State
Criminal Statutes as item #8; and also subsection 3 needed to have some words deleted.
Discussion: The Planning Commission agreed and the revised Ordinance attached to this report
includes the changes.
Issue #5: The time period to correct violations is shown at seven (7) days instead of the
previous fifteen (15) days and this needs to be reviewed.
Discussion: The Planning Commission felt it was appropriate but wanted it to state..." to
correct violations of the Housing Maintenance Code.
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Issue #6: Section 11, subsection 8 was not needed. However, the Commission thought it
should be further discussed at the next meeting.
Discussion: The Planning Commission wanted to remove this section.
Issue #7: Is the number of calls shown as grounds for the revocation of a license the right
number.
Discussion: At the last meeting this was discussed, and the Commission thought the number
was acceptable. The Commission confirmed this.
Issue #8: Domestic abuse is not counted toward the calls that are violations of the
ordinance. Refer to Section 12 (1) (B).
Discussion: At the last meeting this was discussed, and the Commission thought that this needs
to be left in the Ordinance.
Issue #9: Section 11, subsection 4 describes that the City must notify the licensee of a
violation. It does not say how much time is allowed to elapse before the City must give the
licensee the notice. The importance of timely notification to the landlords was discussed,
and it was suggested that a definite time frame for the notification needs to be specified.
Discussion: At the last meeting this was discussed. There was a 4 to 2 split on the Planning
Commission as to whether the City should have definite time period or leave it at "reasonable
and prudent". Four were in favor ofleaving it at "reasonable and prudent"; the two who were
opposed would have voted in favor ifacertain amount of time was included.
Issue #10: Reword Section 16, subsection 7 to say "Failure to comply with this ordinance
is a misdemeanor".
Discussion: The Commission thought it was acceptable to read as stated.
ACTION REQUESTED
The Council is asked to review the public hearing testimony, the proposed amendments to the
Rental Housing Ordinance and adopt the changes to the Ordinance that have been recommended
by the Planning Commission.
Attachments
. Amended Ordinance #266
. Copy of New Brighton's Ordinance
. Council Workshop Minutes (February 26, 2003)
. Planning Commission Minutes (March 11,2003; April 8, 2003; April 22, 2003)
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. Proposed Amendment (May 6, 2003 version)
(Rental Housing Ordinance #266)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 266
An Ordinance repealing Ordinance No. 99 adopted April 21, 1992; and further amended in
(date) .2003.
AN ORDINANCE LICENSING AND REGULATING RENTAL HOUSING DWELLINGS IN
THE CITY OF ANDOVER.
(Added sections are shown in bold, deleted sections are shown with strikeouts.)
The City Council of the City of Andover hereby ordains as follows:
Section 1. Purpose and Intent.
It is the purpose of this ordinance to protect the public health, safety and welfare of citizens of
the City who have as their place of abode a living unit furnished to them for the payment of a
rental charge fee to another. This ordinance is the initial step in the City's effort to provide a
housing maintenance code.
It is the intent of this ordinance that uniform standards be established and applicable for all rental
dwellings in the City.
Section 2. Definitions.
The following words and terms used in this ordinance are construed and defined as follows:
Rental Dwelling Any building dwelling unit with two (2) or more separate living units
with at least one (1) for hire. "Rental dwelling" does not include hotels,
motels and hospitals.
Operate to charge a rental charge for the use of a living unit in a rental dwelling.
Section 3. License Required.
No person, firm or corporation shall allow to be occupied or let to another a living unit
= ' . in a rental dwellin for which a license has not been ranted b the Ci
te a rental dwelling in the City \;,'ithout first ha',ing obtained a license as hereinafter
provided from the Building Official or designee. There shall be two types of licenses: regular
and provisional. After expiration of an initial licensing period ofless than two (2) years as
dctermined by the Building Official, Each regular 5*h operating license shall be issued
biennially and shall expire on June 30th the annh'ersary date of issuance. License renewals shall
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. be filed at least sixty (60) days prior to license expiration. A provisional license shall be issued
only upon approval by the City Council and shall expire six (6) months after issuance;
reference Section 12 (2)(A) that sets forth criteria as to how a ree:ular license may be re-
established.
Section 4. License Fees.
License fees, as set by City Council resolution, shall be due sixty (60) days prior to the license
expiration date. In the case of a new unlicensed rental dwelling, the license fee shall be due
upon issuance of the certificate of occupancy. In the case oflicensing periods ofless than two
(2) years, license fees shall be prorated monthly.
A license fee shall be collected for each Iivine: unit in a rental dweIline:. except owner
occupied units.
(A) Filine: Due Date and Penalty
If an application is made less than 60 days before the bee:innine: date of the license
period applied for then the fee shall be accompanied by an additional amount equal
to 100 percent of such license fee. The additional amount shall be a penalty for a
late application. with the exception of the first year of the adoption of this
ordinance. In no case shall there be a lapse in the license period. The late penalty
is established for those licensees who have failed to submit an application as
specified in this section. All new owners must submit an application and obtain a
new rental license. the old license is not transferable.
/. delinquency penalty offiye (5%) percent of the license fee for each day of operation
',vithout a yalid license shall be charged to the operator of the rental dwelling. Once
issued, a license is not transferable and the licensee shall not be entitled to a refund of
any license fee upon revocation or suspension; however, the licensee shall be entitled to
a license refund, prorated monthly, upon proof of transfer of legal control or ownership.
(B) Re-inspection Fee
A fee as set by City Council resolution, shall be charged for all re-inspections necessary
after the first re-inspection. The re-inspection fee(s) will be payable at the time of
license renewal for the property.
Section 5. Application for Rental DweIline: License.
Applications for Rental DweIline: licenses shall be made in writing to the City Building Official
by the owner of the rental dweIline: units or hislher legally constituted agent.
Before any Rental DweIline: license shall be issued or renewed. the owner shall complete an
application. The followine: persons shall be authorized to sie:n and submit the application:
A. If the owner is a natural person. by the owner thereof.
B. If the owner is a corporation. by an officer thereof.
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C. If the owner is a partnership, by a partner thereof.
The registration statement shall be made on forms prescribed by the City and shall
include:
A. The name and address of the owner of the rental dwellings
B. The name and address of any operator or agent actively managing the rental dwelling.
If "off-site" provide further data as to whom it is.
C. If the operator or agent is a business entity, the application shall include the names,
telephone numbers, and addresses of individuals who will be involved in such
manae:ement, together with a description of the scope of services and manner of
deliving these services by the manager.
D. If the registrant is a partnership, the name and address of all partners.
E. If the ree:istrant is a corporation, the name and address of all officers.
F. If the rental dwelline: is being sold on a contract for deed, the name and address of the
vendees.
G. The legal address ofthe rental dwelline:.
H. The number of livine: units within the rental dwelling.
Notification by the rental operator shall be given to the City Building Official within five (5)
business days with any change of information as required and stated in the initial application.
Section 6. License Issuance.
The City shall issue a rental dwelling license if the building and the application are found
to be in compliance with the provisions of this Ordinance.
Section 7. Renewal of License.
The license period shall commence on July 1. A ree:ular license shall be issued for a period
of two years. A provisional license shall be issued only upon approval by the City Council
pursuant to the requirements of Section 12 of this ordinance for a period of six months;
reference Section 12 (2)(A) that sets forth criteria as to how a ree:ular license may be re-
established.
Section 6- ~Conformance to Laws.
No rental dwelling operating license shall be issued or renewed unless the rental dwelling and
its premises conform to the ordinances of the City and the laws of the State of Minnesota.
Section +-:b Inspection Condition. Inspections, Investigations and Maintenance
A. No rental dwelling operating license shall be issued or renewed unless the owner of rental
units agrees in hislher application to permit inspections pursuant to this Section.
B. Every rental dwelling unit shall maintain the standards as stated in Ordinance No. 267, the
Housing Maintenance Code.
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Section 11 Inspections and Irl'lestigations.
C. The Building Official and Fire Chief and/or their desi2nated his/her representative~ ~ is
hereby authorized to make inspections reasonably necessary to the enforcement of this
ordinance.
D. Persons inspecting any rental dwelling as provided herein shall notify the license holder of
all violations, if any, by issuing a written Compliance Order. Said Compliance Order shall
direct that compliance on Housin2 Maintenance Code violations be made in no more than
fifteen (15) seven (7) days, unless extended by the Building Official and/or Fire Chief
based on good cause.
Section & 10. License Not Transferable.
No rental dwelling operating license shall be transferable to another person or to another rental
dwelling. Every person holding a rental dwelling an operating license shall give notice in
"'Titing to the City Building Official within five (5) business days after having legally transferred
or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall
include the name and address of the person succeeding to the ownership or control of such
dwelling or dwellings.
Section -H !!. Conduct on Licensed Property.
(1) It shall be the responsibility of the licensee to see that persons occupying the livin2 units
licensed prem.ises conduct themselves in a manner as not to cause the premises to be
/ disorderly. For the purpose of this Section, a premises is disorderly at which any of the
following activities occur:
1. Violation of the City's Noise Ordinance.
2. Violation to State laws relating to the possession or sale of ille2aI dru2s or
controlled substances.
3. Violation of Disturbing the Peace.
4. The unlawful sale ofliquor.
5. Violation to laws relating to gambling.
6. Violation of State laws relating to acts of prostitution.
7. The unlawful use or possession of a firearm as per State law.
8. Violations of State Statute Chapter 609
ill Enforcement AutllOritv. The City Administrator shall be responsible for
, enforcement and administration of this Chapter. Authority to take any action
authorized by this Chapter may be dele2ated to the City Administrator's desi2nee.
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ill Landlords and Tenants should also be aware of other rules and re!!:ulations as
stiplulated in State Statute Chapter 504B.
. / The Building Official shall be responsible for enforcement and administration of this Section.
ffi Notice of Violation. Upon determination by the City Building Official that a licensed
Iivin!! unit premises was used in a disorderly manner, as described in this Section, the City
Building Official shall give notice to the licensee of the violation and direct the licensee to take
steps to prevent further violations. The disorderly manner shall be as defined in this Section.
ill Second Instance. If a second another instance of disorderly use of the licensed Iivin!!
unit premises occurs within three (3) months of an incident for which a notice was given ~
specified in Section 11 (4) by the Building Official, the City Building Official shall notify the
licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee
to prevent further disorderly use of the livin!!: unit 'premises. This written report shall be
submitted to the City Building Official within five (5) days ofreceipt of the notice/report of
disorderly use of the livin!!: unit premises and shall detail all actions taken by the licensee in
response to all notices of disorderly use of the Iivin!! unit premises within the preceding three (3)
months.
@ Third Instance. If a third another instance of disorderly use of the licensed Iivin!! unit
premises occurs within three (3) months after any two (2) previous instances of disorderly use for
which notices were given to the licensee pursuant to this Section 11 (4) and (5), the rental
dwelling license for the rental dwellin!! premises may be denied, revoked, suspended or not
, renewed. An action to deny, revoke, suspend, or not renew a license under this Section shall be
initiated by the City Building Official who shall give to the licensee written notice of a hearing
before the City Council to consider such denial, revocation, suspension or nonrenewal. Such
written notice shall specify all violations of this Section, and shall state the date, time, place and
purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than
thirty (30) days after giving such notice.
m Action of the Ci/V Council. Following the hearing, the City Council may deny, revoke,
suspend or decline to renew the license for all or any part or parts of the licensed rental dwellin!!:
prcmises or may grant a license upon such terms and conditions as it deems necessary to
accomplish the purposes of this Section.
@ Eviction Proceedinf!s. No adverse license action shall be imposed where the instance of
disorderly use of the Iivin!! unit premises occurs during the pendency of eviction proceedings
(unlawful detainer) or within thirty (30) days of notice given by licensee to a tenant to vacate the
premises where the disorderly use was related to conduct by that tenant or by other occupants or
guests of the tenant's Iivin!!: unit. Eviction proceedings shall not be a bar to adverse license
action, however, unless they are diligently pursued by the licensee. Further, any action to deny,
revoke, suspend, or not renew a license based upon violations of this Section may be postponed
or discontinued at any time if it appears that the licensee has taken appropriate measures which
will prevent further instances of disorderly use.
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{2l Evidence of Disorderlv Manner. A determination that the licensed rental dwelling has
premises have been used in a disorderly manner as described in this Section shall be made upon
substantial evidence to support such determination. It shall not be necessary that criminal
I charges be brought in order to support a determination of disorderly use, nor shall the fact of
dismissal or acquittal of such criminal charge operate as a bar to adverse license action under this
Section.
{!Q} Servin!! of Notice. All notices given by the City under this Section shall be personally
served on the licensee, sent by certified mail to licensee's last known address or, if neither
method of service effects notice, by posting on a conspicuous place on the licensed rental
dwelling premises.
ill} Council Action Not Exclusive. Enforcement actions provided in this Section shall not be
exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the
licensed rental dwelling premises as is authorized by this ordinance or State law.
Section 12. Provisional License.
(1) Police calls. Licensed living units in rental dwellings that have generated 3 or more
police calls during the license period shall only be eligible for a provisional license at the
time of next renewal, as specified in this Section.
(A) Police calls that are counted in determining whether a provisional license is
required include the following types of calls or events:
/ (1) Calls or events listed in Sections 11 or 12.
(2) Calls or events categorized as part one crimes in the Uniform Crime
Reporting System, including homicide, rape, robbery, aggravated assault,
burgurIary, theft, auto theft, and arson.
(3) Calls or events categorized by the Public Safety Department: miscellaneous
iuvenile status crimes; liquor offenses or curfew violations; disturbing the
peace or harassing communications; property damage; criminal damage to
property or trespass; domestic incidents; public disturbance or disorderly
conduct; loud party or noise complaints; disorderly iuveniles; assault in the
fifth degree or non-domestic related assaults. The Sheriff shall maintain for
public inspection a description of the coding system and a list of the codes and
criines included within each of these categories or calls or events. The Sheriff
may determine that multiple incidents shall be counted as a single call in
appropriate cases.
(B) Calls will not be counted for purposes of determining whether a provisional
license is required where the victim and suspect are "Family or household members"
as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518 B.01,
Subdivision 2(b) and where there is a report of "Domestic Abuse" as defined in the
Domestic Abuse Act, Minnesota Statutes, Section 518 B.Ol, Subdivision 2(a).
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(C) The City will provide a violation report by mail to each licensee for all calls
described in this Section. The violation report wiII describe the nature and type of
call that became an instance which wiII be counted for purposes of determining
\ whether the license will be denied. revoked. suspended or not renewed.
(2) Mitie:ation Plan. Prior to consideration of a provisional license. the applicant for a
provisional license must submit a mitie:ation plan to City staff to work out the details of a
mitie:ation plan and it must be reviewed and approved by the City Council.
(A)The mitie:ation plan shall describe steps proposed by the applicant to reduce the
number of police calls described in Section 11 or Section 12 over the six month period
of the provisional license to a level that would entitle the property to Qualify for a
ree:uIar license at the end of the six month provisional license period.
(B)The mitie:ation plan may include such steps as: chane:es in tenant screening
procedures. chane:es in lease terms. security measures. rules and ree:ulations for
tenant conduct. and security personnel.
(3) Decision of City Council. The application and a proposed mitie:ation plan wiII be
resented to the Ci Council to ether with a dis osition recommendation b the Ci
Administrator. After e:ivine: the applicant an opportunity to be heard and present
evidence. the City Council shall approve. disapprove. or approve with conditions the
mitie:ation plan and the provisional license. If the City Council disapproves an application
and mitie:ation plan or approves a provisional license with conditions. it shall state its
reasons for so doine: in writing.
/
(4) Monthly Reports. The provisional licensee shall comply with the approved mitie:ation
plan. No later than the tenth day of each month. the licensee shall mail or deliver to the
Ci a written re ort describin all ste s taken in furtherance of the miti ation Ian durin
the precedine: month. If the required monthly reports are not submitted in a timely fashion
by the licensee. then the City may bee:in proceedine:s to revoke the provisional license for all
or any part or parts of the licensed premises.
Section .w- Maintenance Standards.
Evcry rental unit shall maintain the standards as statcd in Ordinancc No. 267, thc Housing
Maintenance Code. *Note: This was moved to Section 9 (B).
Section -l+ 13. Landscape Condition.
Each rental dwelling tlflit shall be maintained by its owner, occupant, operator or agent so that the
yards, open spaces and parking facilities are kept in a safe and attractive condition. Whcre a
conditional use permit has becn grantcd, the landscaping shown on the approved landscaping
plan shall be considered as minimal and shall be maintained accordingly. .\ny deviation to
specics or material shall be equal to or bettcr than originally approvcd. In addition, adequate
lighting faculties shall be provided and operated between the hours of sunset and sunrise; and
snow plowing or snow shoveling shall be regularly accomplished to maintain all sidewalks and
parking areas in a safe condition.
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Section R 14. Safety from Fire.
'\ An owner, operator or agent of a rental dwelling shall be responsible to comply with the
/ applicable provisions of the Fire Code of the City, including the keeping of all fire lanes open for
emergency purposes.
Section B 15. Revocation or Suspension.
~::~ ~:ense or permit issued under this ordinance ~1:1bject to the right, :vhich is herc~)' ~~~ressly
e : , to suspend or revoke the same should the I1cense holder or thClr agents, employcc3,
~~r;;~~:~~::s ~ l~ssees. directly or indirectly o~erate or maint~in reRtal dwel~in::~~t~~::;~
I 8 tlllS ordInance or any other ordInance of the CIty or any specIal permIt Issuea by
the City or the laws of the State of Minnesota.
The license may be suspended or revol~ed by the City Council after a written notice is seRt to the
~~:~:~ ~~-f:~ ::cif):ing the ordinance 0: law 'iiolations :sith whic.h the): are charged. This
I S S 13eclfy the date for hearIng before the CIty CouncIl, whIch shall not be less than
tell. (10) days from the date of the written notice.
.'\t such hearing before the City Council, the license holder or their attorney may submit and
prcsent witnesses in their defense.
Aftcr a hearing the City Council may suspend or revoke the license if they deem it necessary to
protect the publie health, safety or general welfare.
'\
(1) Reason for Action. The Council may revoke. suspend. deny or decline to renew any
license issued under this Ordinance upon any of the followin{! {!rounds:
A. False statements on any application or other information or report required bv
this Ordinance to be {!iven bv the applicant or licensee.
B. Failure to pay any application. penalty. reinspection. or reinstatement fee
required bv this Ordinance and resolution.
C. Failure to correct deficiencies noted in notices of violation in the time specified in
the notice.
D. Failure to comply with the provisions of an approved miti{!ation plan in the case
of provisional licenses.
E. Anv other violation of this Ordinance.
(2) ADDlicable Sections. Revocation. suspension. and non-renewal may be brou{!ht
under either this Section or Section 11.
(3) Ref!ular License. A re{!ular license may be revoked. if at mid-term. or not renewed.
if at the end of a term. upon a findin{! that the premises are only eli{!ibIe for a provisional
license as provided in Section 12.
(4) Written Notice. A decision to revoke. suspend. deny or not renew a license shall be
preceded bv a written notice to the applicant or licensee of the alle{!ed {!rounds therefore
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and the applicant or licensee will be given the opportunity for a hearing before the City
Council before final action to revoke, suspend, deny, or not renew a license.
, (5) Action ofCitv Council. The City Council shall give due regard to the frequency and
/ seriousness of violations, the ease with which such violations could have been cured or
avoided and good faith efforts to comply and shall issue a decision to deny, not renew,
suspend, or revoke a license only upon written findings. The City Council may suspend or
revoke a license or not renew a license for part or all of the rental dwelling faeility.
(6) Reinstatement of License. Upon a decision to revoke, deny, or not renew a license, no
new application for the same living unit faeility will be accepted for a period of time
specified in a written decision of the City Council, not exceeding one year. Such new
applications must be accompanied by a reinstatement fee, as specified by resolution, in
addition to all other fees required by this Ordinance.
(7) No New Rentals. A written decision to revoke, suspend, deny, or not renew a license
or application shall specify the part or parts of the rental dwelling faeility to which this
applies. Thereafter, and until a license is reissued or reinstated, no living unit FeBtal
d:,yellins: becoming vacant in such part or parts of the rental dwelling faeility may be relet
or occupied. Revocation, suspension, or non-renewal of a license shall not excuse the owner
from compliance with all terms of this Ordinance for as long as any living units in the
rental dwelling faeility are occupied.
(8) Failure to Comvlv. Failure to comply with this Ordinance durint: the term of
reyoeation, sus:ension~ or non renewal is a misdemeanor for extension of the term ~f s~~~
) revoeation or s spensi n or eontinuation of non renewal, or f-or a decision not to reinstate
the lieense. notwithstandinl!: an'/ limitations on the period of suspension, revoeation, or
non rene'l'\:al speeified in th~ City Couneil's written deeision or in Seetion Iii. Subdi'lision
ffi1
Section 16. No Retaliation.
No licensee shall evict, threaten to evict, or take any other punitive action against any
tenant by reason of good faith calls made by such tenant to law enforcement agencies
related to criminal activity, suspected criminal activity, suspicious occurrences, or public
safety concerns. This Section shall not prohibit the eviction of tenants from a rental
dwelling for unlawful conduct of a tenant or invitee or violation of any rules, regulations,
or lease terms other than a prohibition against contacting law enforcement agencies.
Section +6 17. Summary Action.
When the conduct of any licensee hekleF or their agent, representative, employee or lessee or the
condition of their dwelling is detrimental to the public health, safety and general welfare as to
constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an
emergency, the City Building Official shall have the authority to summarily condemn or close
off such area of the rental dwelling.
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Any person aggrieved by a decision of the City Buildinb Official to cease business or revoke or
suspend the license or permit shall be entitled to appeal to the City Council immediately by filing
a Notice of Appeal. The City BuildiRg Official shall schedule a date for hearing before the City
Council and notify the aggrieved person of the date.
The hearing shall be conducted in the same manner as if the aggrieved person had not received
summary action.
The decision of the City Building Official shall not be voided by the filing of such appeal. Only
after the City Council has held its hearing will the decision ofthe City Building Official be
affected.
Section H 18. Applicable Laws.
Licensees shall be subject to all of the ordinances ofthe City and laws of the State related to
rental dwellings. This ordinance shall not be construed or interpreted to supersede or limit any
other such applicable ordinance or law.
Section +8 19. Severability Clause.
If any section, subsection, 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.
Adopted by the City Council of the City of Andover on this ~ day of ,2003.
ATTEST: CITY OF ANDOVER
Victoria V olk, City Clerk Michael Gamache, Mayor
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1/ N%J S . ~~ (t1
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Article 3. Licenses
Sec. 13-154. Required.
No person shall allow to be occupied or let to another for occupancy units in a multiple dwelling for
which a license has not been granted by the City. There shall be two types oflicenses: regular and
provisional. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001; Ord. No. 679, 2-13-01)
Sec. 13-155. Application.
(1) Before any license shall be issued or renewed, the owner shall complete an application. The following
persons shall be authorized to sign and submit the application:
A. If the owner is a natural person, by the owner thereof.
B. If the owner is a corporation, by an officer thereof.
C. If the owner is a partnership, by a partner thereof.
(2) The registration statement shall be made on forms prescribed by the City and shall include:
A. The name and address of the owner of the multiple dwellings.
B. The name and address of any operator or agent actively managing the multiple dwelling.
C. If the operator or agent is a business entity, the application shall include the names, telephone
numbers, and addresses of individuals who will be involved in such management, together with a
description of the scope of services and manner of delivering these services by the manager.
C. If the registrant is a partnership, the name and address of all partners.
D. If the registrant is corporation, the name and address of all officers.
E. If the multiple dwelling is being sold on a contract for deed, the name and address of the
vendees.
F. The legal address of the multiple dwelling.
G. The number oftoilet and bath facilities shared by the occupants of two or more units.
H. The number and kinds of units within the multiple dwelling.
I. The height of the multiple dwelling in stories.
J. The construction of the exterior of the building.
K. The total floor area of the building.
L. The total area provided on premises for off-street parking.
M. An application for a provisional license shall include information as required by Section 13-161.
(Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001; Ord. No. 679,2-13-01)
Sec. 13-156. License Fees.
The license fees shall be as provided in this Section The license fees shall be established by resolution.
(1) A license fee shall be collected for each unit in a multiple dwelling.
(2) If an application is made less than 45 days before the beginning date of the license period applied for
then the fee shall be accompanied by an additional amount equal to 100 percent of such license fee. The
additional amount shall be a penalty for a late application. (Code 1966; Ord. No. 301, 6-13-72; Ord. No.
362,9-9-75; Ord. No. 404,11-22-77; Ord. No. 469,12-26-79; Code of 1988; Code of2001; Ord. No.
679,2-13-01)
13-24
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" Sec. 13-157. License Issuance.
The City shall issue a license if the building and the application are fOlmd to be in compliance with the
provisions of this Chapter provided that all real estate taxes and municipal utility bills for the premises
have been paid. Real estate taxes will not be considered to be due and unpaid for purposes of this
Section while a proper and timely appeal of such taxes is pending and is diligently pursued to completion
by the landowner. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001; Ord No. 679,2-13-
01)
Sec. 13-158. Posting of License.
The licensee shall post the receipted copy of the license in a conspicuous public corridor or hallway or
lobby of the licensed multiple dwelling. The license shall be displayed in a frame with a glass covering.
(Code 1966; Ord No. 301,6-13-72; Code of 1988; Code of2001; Ord. No. 679, 2-13-01)
Sec. 13-159. Renewal of License.
The license period shall commence either on March 1 or September 1. A regular license will be issued
for a period of one year. A provisional license shall be issued for a period of six months. (Code 1966;
Ord No. 301,6-13-72; Ord. No. 513,11-22-83; Code of 1988; Code of2001; Ord No. 679,2-13-01)
Sec. 13-160. Transfer of License.
A license is transferable for a fee to any person who has actually acquired legal ownership of licensed
premises. The transfer shall be effective for the unexpired portion of the license period provided that the
transfer application is filed with the City prior to the actual change oflegal ownership and the transferee
is not disqualified from holding the license due to prior revocation or suspension of a license. The license
shall terminate upon failure to apply for a transfer prior to change of legal ownership. The fee for the
transfer shall be established by resolution. (Code 1966; Ord. No. 301, 6-13-72; Ord.No. 513, 11-22-83;
Code of 1988; Code of2001; Ord No. 679, 2-13-01)
Sec. 13-161. Provisional License.
(1) Police or Fire Calls. Licensed multiple dwellings that have generated an average of over .s police or
fire calls per dwelling unit in a preceding six month period as specified in this Section shall be eligible
only for a provisional license.
A. Police and fire calls that are counted in determining whether a provisional license is
required
include the following types of calls or events:
1. Calls or events listed in Section 13-163.
2. Calls or events categorized as part one crimes in the Uniform Crime Reporting
System, including homicide, rape, robbery, aggravated assault, burglary, theft,
auto theft and arson.
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" 3. Calls or events categorized by the Public Safety Department: miscellaneous juvenile status
crimes, liquor offenses or curfew violations; disturbing the peace or harassing
communications; property damage; criminal damage to property or trespass; domestic
incidents; fire alarms; public disturbance or disorderly conduct; loud party or noise
complaints; disorderly juveniles; assault in the fifth degree or non-domestic related assaults.
The Director of Public Safety shall maintain for public inspection a
description of the coding system and a list of the codes and crimes included within each of
these categories of calls or events.
4. The Director of Public Safety may determine that multiple incidents shall be counted as a
single call in appropriate cases.
B. Calls will not be counted for purposes of determining whether a provisional license is required
where the victim and suspect are "Family or household members" as defmed in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.0 I, Subdivision 2(b) and where there is a report of
"Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 5l8B.Ol,
Subdivision 2(a).
C. The period of time used to determine whether a provisional license is required is the six
month period ending two months before the commencement of the license term, either December
31 orJune 30.
D. The City will provide by mail to each licensee a monthly report of calls described in Section 13-
161, Subsection {l)A.
(2) Resident Manager. Provisional licenses shall only be issued for facilities that have a manager or
managers certified in accordance with Section 13-162. Managers must be resident managers or on site
managers who are on site or available 24 hours a day.
(3) Mitigation Plan. The applicant for a provisional license must submit a mitigation plan for the license
period for review to the City Council. The mitigation plan shall describe steps proposed by the applicant
to reduce the number of police and fire calls described in Section 13-161, Subsection (l)A to a level that
qualifies for a regular license. The mitigation plan may include such steps as: changes in tenant
screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct,
and security personnel.
(4) Decision of City CounciL The application and a proposed mitigation plan will be presented to the
City Council together with a disposition recommendation by the City Manager. After giving the applicant
an opportunity to be heard and present evidence, the City Council shall approve, disapprove, or approve
with conditions the application and the mitigation plan. If the City Council disapproves an application
and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing.
(5) Monthly Reports. The licensee shall comply with the approved mitigation plan. No later than the
tenth day after each calendar month, the licensee shall mail or deliver to the City a written report
describing all steps taken in furtherance of the mitigation plan during the preceding month. (Ord. No.
679,2-13-01)
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Special Andover City Council Meeting
Minutes - February 26, 2003
Page 3
'ty Center and that was why they were picked for the committees.
Mayor Gamache s what they came up with at the meeting was a list of names from Mr. Dave
Assmus that represente rent aspects of the community. Councilmember Trude stated she
thought it was good to have the
Councilmember Orttel stated he is a little conce if there are people trying to start their own field
house in the next few weeks. He asked if they were co to the City's goals and should they be
included or is it a declaration of nonsupport. Mayor Gamache ed moving forward, it will be up to
the different committees' chairs to decide if they want remain on tlle
Councilmember Trude stated she thought it was important to get the Park Commis . involved in
the Community Center. Mayor Gamache stated Mr. Blackstad has been in suppo
Community Center for quite a few months along with the majority of the Park Commission.
~ RENTAL HOUSING ORDINANCE - DRAFT ORDINANCE
Community Development Director Neumeister noted the last time this issue was discussed was
October I, 2002. Council asked staff to provide additional research on potential changes to the
Rental Housing Ordinance.
Councilmember Knight asked how they will track the tenants throughout the City. Mr. Herb
Blommel, city building inspector and rental housing inspector, stated it is something they would need
to set up with the owners of the rental units. Councilmember Trude stated she knew the woman who
set up this program in New Brighton and the first step they did was met with landlords and
recommended landlords adopt a credit and background check on all the tenants and they shared a
mutual database, so the tenants get on a list and rental properties become more stable. Mr.
Neumeister stated in Brooklyn Park, a manager's co-op was formed. If the landlords see what is
coming, they will want to establish a better tenant base and higher levels of screening upfront.
Dave Almgren, building official, stated there is a State Statue that has a list of what is required so the
landlord can follow this.
Councilmember Orttel asked how many rental units Andover has. Mr. Herb Blommel stated there
are fifty-one rental buildings and thirty-six are doubles, there are a total of 131 rental units in
Andover. He stated the fee is $75.00 per unit for two years.
Councilmember Orttel asked if the violation of this Ordinance is grounds for an eviction under
Minnesota law. Mr. Dave Almgren stated under the State Statute, they can evict and this form is
only backup for that.
Discussion ensued in regard to the process for eviction.
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Special Andover City Council Meeting
, Minutes - February 26, 2003
Page 4
Captain Dave Jenkins explained from the law enforcement's perspective, this is the vehicle that
helps to address some of the problem areas in the community. He stated it is a very important tool to
deploy and the City would be heading in the right direction by adopting the Ordinance. He stated it
would not be a problem collecting the data for this.
Councilmember Jacobson asked if the licenses expire on July 1 or expire on the anniversary date of
issuance. Mr. Neumeister stated licenses expire on July 1. Councilmember Jacobson stated in the
Ordinance, it talks about a penalty for not applying in time and it equates to 100 percent of the
license fee. He thought the fees should equate to some sort of a standard. Mr. Neumeister stated he
took this from the New Brighton Ordinance. Mr. Dickinson stated when they are charging fees for
service, this is true. When putting in place a fee for a penalty they have flexibility in charging
penalties and they want to charge a penalty sufficient enough to get their attention. Councilmember
Jacobson asked if 100 percent is an acceptable amount.
Councilmember Knight asked if the fee was based on cost. Mr. Erar stated the fee Ordinance already
addressed this. He stated the fees will not change.
Councilmember Knight asked how subjective the landscaping conditions are and, if there is criteria
Councilmember Orttel thought this referred to those existing under Special Use Permits. Mr.
Neumeister stated this was true.
Councilmember Jacobson asked if this applied to The Farmstead. Mr. Neumeister stated it did.
Councilmember Jacobson asked if this place should be exempted because they do get a lot of
emergency calls.
Discussion continued in regard to eviction and disorderly conduct.
Councilmember Orttel stated he believed the Ordinance would help the landlords instead of hinder
them.
The Council discussed with staff the wording of the Ordinance.
Councilmember Jacobson stated on page nine of the Ordinance under evidence of disorderly manner,
the second line of the paragraph should have "nor" instead of "not" and on the top of page eight,
section twelve, which talks about the provisional license where they can get it at the time of the next
renewal. He asked if they need to wait until the next renewal or could they get this right away. Mr.
Neumeister stated in the New Brighton Ordinance, this was not listed. He read from New Brighton's
Ordinance. He stated it was added in their Ordinance because if they go to the third strike, they will
lose the license. Councilmember Jacobson asked what would happen if they would get three strikes
into the first six months of the license period. Mr. Neumeister stated they would lose it. Mayor
Gamache stated he understood it to mean that if they have two strikes, then they can only get a
provisional license after the third strike. Councilmember Jacobson stated he would like to have staff
review this further along with the Planning and Zoning Commission.
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Special Andover City Council Meeting
; Minutes - February 26, 2003
Page 5
Councilmember Jacobson stated on page eight, it talks about all the events and it mentions fire
alarms. He asked iffalse alarms would count against the landlord. CounciImember Trude stated she
thought this was excessive. Councilmember Knight asked if a place had legitimate fire alarms,
would they be penalized. Mr. Almgren stated this would come to the Council for a decision.
Councilmember Orttel stated section eighteen says they cannot evict for all the items if it is
legitimate law enforcement activities. Councilmember Trude stated she thought they should pull the
fire alarm item.
Discussion ensued in regards to the penalty fee.
Councilmember Knight stated he would like to have staff strike the fire alarm item because they
already have a penalty process for it. CounciImember Trude agreed.
Motion by Orttel, Seconded by Trude, to have staff recognize the changes to the Ordinance and
direct the Housing Rental Ordinance to the Planning Commission for a Public Hearing (with special
invitation to the landlords/owners of rental units) and adding loss of license does not eliminate a
tenants duty to pay rent. Motion carried unanimously.
TE VERSUS PUBLIC (CONTINUED)
Mr. Berko . discussed the staff report with the Council. He stated either system can work. The
majority of 0 Municipalities would prefer the Public improvement process. With the City
contractor, the Ci interests come first. In the end the City will own and have to maintain the
improvements. The be way to insure quality construction and engineering is to control the purse
strings and that is through hired Engineers and City contractors. The City staff, including Public
Works, recommends no chang present policy. The staff, based on past experience, feel the
present policy is the best way to ins e quality construction for the City. In any case, full time City
inspection should continue by using or a consultant hired by the City. City payment to
developer-hired contractors, through an esc w arrangement, will also help the City to retain control
over the contractor's work. If the Council de . es to change City policy, staff feels the change
should not take place until 2004, as a number 0 anges in procedures, assessment policy and
securities will be necessary.
Councilmember Knight asked for an explanation of the present p osal in the legislature that affects
this. Mr. Dickinson stated the calculation currently includes all enues related to the general
special revenue and capital prqject funds. What is included in the gene is what they put the levy
on every year. The Special Revenue funds are funds such as the fores funds, drainage and
mapping funds, and equipment funds. Capital Projects funds involve each year' they issue bonds.
Those dollars reside in the fund and they spend the dollars out of there to do the im vement. He
'\ stated the way they are currently structured, they use a fund they call the Permanent Iril: vement
Revolving fund where all the construction projects are coming out of right now. The assessm tsgo
back to the fund and they utilize the assessments to then cash flow improvements through the n t
few years but yet have to make debt payments. He stated the assessments that are coming in can be
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A at this time. He stated that when they established the design standards, those were
some e guidelines or covenants that people that owned property in the area had to
abide by so they made this decision, they would be making this as a group
reviewing their 0 venant documents to see if this would allow for it and they felt it
did not and they were not . ing to change it.
Commissioner Gamache asked if Kno s, when they built the store, knew they were
not allowed to set up a greenhouse per the co nts when they moved in there. Mr.
Neumeister stated they had to agree to the guideline en they moved in but he did not
think anybody read these. Commissioner Gamache state are putting one of their
grocery stores at a competitive disadvantage for the summer beca of this. Mr.
Neumeister stated there was some mention by one of the EDA Commisso ers about
other greenhouse operations in the City that are taxpaying entities and that this uld not
be a taxpaying nursery or greenhouse operation because it is considered temporary an
not taxed as such.
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~ PUBLIC HEARING: ORDINANCE AMENDMENT (03-02) TO CONSIDER
AMENDING ORDINANCE 266 TO MODIFY EXISTING RENTAL LICENSING
REQUIREMENTS.
Mr. Neumeister explained that the Council discussed this issue in October 2002 and
directed staff to provide additional research on potential changes to the Rental Housing
Ordinance. The City Council reviewed a draft of the potential changes on February 26,
. 2003. Council directed staff to bring it forward to a public hearing at the Planning
Commission on March 11,2003.
During preparation of the changes, staff reviewed other cities that have adopted more
stringent ordinances. The City of New Brighton was contacted, since they made such
changes to their Rental Housing Ordinance in February 2001. There have been no legal
challenges to their ordinance, at this point in time. This is partly due to significant
discussions they had with the landlords before they adopted it in 2001.
Mr. Neumeister discussed the information with the Commission.
Commissioner Gamache asked if it was automatic according to the Ordinance being
amended that it would automatically go to a provisional license after the second call or at
the next renewal. Mr. Neumeister stated it is listed under provisional licenses in the
Ordinance. He stated the fire indication under this section in the Ordinance, should be
stricken. He stated the Ordinance does allow for an exemption of certain calls.
Discussion ensued in regards to the number of calls per unit in the Ordinance before a
license can be revoked.
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Commissioner Greenwald asked if the City expected any more rental units coming into
, the City in the future. Mr. Bednarz stated he did not expect anymore than what has
J already been approved.
Commissioner Greenwald asked ifthe $75.00 fee was arbitrary or was it taken from
another Ordinance. Mr. Neumeister stated about a year ago they worked through the
building department, fire department and they arrived at the $75.00 fee is an accurate
number for the amount of time spent doing inspections on the units and when there are
problems and violations, they have to inspect the units again. He stated they did a very
detailed analysis and it was determined the number was correct.
Commissioner Jasper asked if it was the intent when drafted. That it would be two calls
to any apartment as opposed to any building. Mr. Neumeister stated it is two calls to any
unit. Commissioner Jasper stated there needed to be clarification in regards to the use of
units. He stated there were too many different ways dwelling/rental units are being used
and is very confusing.
Discussion ensued in regards to the wording in the Ordinance in reference to the different
units and the wording that should be used.
Commissioner Jasper stated they exempt domestic assaults so the statute would not apply
ifthey had a single woman living in an apartment and the estranged husband came over
and assaulted her but the Statute would apply if a stranger would come and threatened the
woman. Mr. Neumeister stated that was his understanding.
Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:59 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
Mr. Eric Nyland, 2110 1 40th Lane NW stated he was an owner occupant of a rental unit
on the street. He stated he would like to clarify a couple of things. He asked if the copy
of the Ordinance he received was the final copy. Mr. Neumeister stated this was the
latest version.
Mr. Nyland stated to his understanding, he would pay seventy-five dollars to rent out one
unit in his building. Mr. Neumeister stated he would not pay any fee because he would
be exempt. Mr. Nyland stated he believed he should have to hold a license so he would
be covered under the Ordinance. Commissioner Gamache stated he agreed. He stated if
a person is renting out a unit in Andover, they should hold a license on the property.
Commissioner Vatne stated he understood exempt units to be different than what was
discussed. Mr. Neumeister explained the definition of exempt units.
There was discussion in regards to exempt units in owner occupied rental houses.
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Regular Andover Planning and Zoning Commission Meeting
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Mr. Nyland stated he was assuming that after adoption of this Ordinance, there would be
\ inspection of all the units, would they be inspected immediately after this. Mr.
/ Neumeister stated every two years they would be inspected with the license renewal
except owner occupied units. Mr. Nyland stated he would like all units inspected,
including his. He stated as far as conduct on licensed property, holding the landlord
responsible is tough to do when the landlord can not even evict for these types of
violations, how can his license be taken away from him on those grounds. Acting
Chairperson Kirchoff stated this Ordinance is being used as a backup to help with
evictions. Commissioner Greenwald stated Dave Almgren stated they can evict and the
ordinance is only backup so the resident is making a valid point. Mr. Nyland asked if
they knew what the State Statute says because he does not think they should write this
Ordinance without knowing what the Ordinance states.
Commissioner Jasper stated it would be advisable to put into a rental agreement
regarding this Ordinance. He stated it was a legitimate concern because the Ordinance
does not make it a violation of the Ordinance to have a disorderly juvenile.
Mr. Nyland stated on section 14, landscape conditions, are these different standards than
that of the single family home in Andover. Mr. Neumeister stated the units have to be
kept up and are not necessarily the same as the single family homes. Commissioner
Gamache stated his understanding of this was that any deviation to species or material be
equal or better than what was previously approved. Mr. Nyland stated different standards
for rental units are fine but they need to be fair.
Commissioner Greenwald stated there is a difference with residential in landscaping
because they approve each one on a case by case basis.
Mr. Jason Shutz, 1970 14 ih Court stated there is a lot of emphasis on what the landlord
should do and he was wondering when there is police incidence, how soon would the
owner be contacted to an occurrence. Mr. Neumeister stated ifthey are going to institute
these changes, they need quicker report from the Sheriffs' Department which the
Sheriffs' Department agreed to.
Commissioner Greenwald asked if they should put in the Ordinance a requirement for
timely reports from the Sheriffs' Department. Mr. Neumeister stated they could do this.
Commissioner Gamache asked if they could put into the Ordinance that the owner of a
building would have a police report in their possession within thirty days. Commissioner
Greenwald indicated they would probably need to find out from the Sheriffs if this
would be possible. Commissioner Gamache stated he did not know if this would be
possible because of possible investigation in a case.
Mr. Shutz stated he would like a report within five days every time there would be an
incident because then he could issue an eviction notice and have time to clean up the unit
and try to rent it out again with a minimal loss of income.
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Mr. Bednarz recommended putting the information and reports on a shared website for
the owners to see. Commissioner Jasper stated he did not know if this would be possible
/ because of privacy concerns and laws involving privacy. Mr. Bednarz stated he agreed
that there were privacy issues and that would need to be addressed.
Discussion ensued in regards to privacy and sharing information with the owners.
Commissioner Vatne stated he believed the Ordinance was a database issue also with
fairly complex reporting they were talking about and they need to have it work rapidly.
Mr. Neumeister stated in New Brighton, the owners of the buildings formed a co-op to
share information with each other regarding the tenants. Mr. Shutz stated he did not
know if thirty-six owners would want to form a co-op.
Mr. Neumeister suggested they could continue this item until they received more
information from the sheriff and Mr. Amdahl regarding this discussion. Acting
Chairperson Kirchoff stated this was a good idea.
Mr. Matt McBride, 2600 1381h stated he lived in one of the units for four years. He stated
he was concerned about telling a tenant they were being held responsible for police calls,
which would be grounds for eviction, what is going to stop them from calling the police
two or three more times before they are evicted and making him lose his license.
Commissioner Gamache stated it indicates in the Ordinance that if the owner is working
on an eviction, the owner would not have any adverse license action brought against the
owner.
Mr. McBride asked if there is a problem with a building down the block and they called
the police, would the call count against the caller. Commissioner Gamache stated it
would not count against the caller; it would count against the offender, which is in section
seventeen of the Ordinance.
Motion by Vatne, seconded by Gamache, to close the public hearing at 8:51 p.m. Motion
carried on a 6-ayes, O-nays, I-absent vote.
Acting Chairperson Kirchoff stated he thought it would be advisable to have the City
Attorney and the Sheriff come to help them with this before it is sent to the City Council.
Commissioner Greenwald stated he would not feel comfortable passing this onto the City
Council without more information. He asked in regards to the landscape condition, do
they need to be more specific. Commission Gamache stated he did not think any of the
properties have an approved landscape condition. Commissioner Greenwald stated it was
brought up in the public hearing and thought it should be looked at.
Commissioner Vatne stated when he reviewed this, the discussion with the process in
New Brighton, it took extra time to put this in place, but it saved time by reducing the
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2003
Page 8
number of calls. He thinks there is a fixed process that would be similar for Andover to
/ install but the problem is they would not get the benefit by the number of call reduction
because of the number of units. He stated there is a cost involved and he would like to
get a better understanding of what the cost would be. He stated he would also like to find
out what the turn around time would be for reports.
Commissioner Vatne stated he was concerned with the strictness of the Ordinance on the
landlord when the landlord can not be that strict with the tenants.
Commissioner Jasper stated he is concerned with the reference to all the different units
and he would like these better defined in the Ordinance. He stated he would support
tabling this for further information.
Commissioner Jasper stated in section eleven, it talks about violation of State law relating
to possession of controlled substance, the State law differentiates between possession and
sale and he would add this because a person can sell controlled substances without
actually having them. He stated they should give a notice within a certain number of
days and then give a certain amount of days to take the preventative steps. He thought it
should be explicit and it should be a second incident after a notice is given.
Commissioner Gamache stated he thought they should not require a landlord to respond
any quicker to a notice than the City can respond to them.
Commissioner Jasper stated they need to clarify the number of police calls to a building.
It should be "two police calls per unit" and not "two police calls per building".
Motion by Greenwald, seconded by Casey, to table this item for further discussion after
revisions are made and to have a representative from the Sheriff's Department and City
Attomey at the meeting. Motion carried on a 6-ayes, O-nays, I-absent vote.
/
dated the Planning Commission on related items.
ADJOURNMENT.
Motion by Greenwald, seconded by ache, to adjourn the meeting at 9:10 p.m.
Motion carried on a 6-ayes, O-nays, l-absen ote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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Regular Andover Planning and Zoning Commission Meeting
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Page 5
C issioner Jasper asked if the applicant was aware of the non-conforming building
and if oyed would not be able to be rebuilt. The applicant stated she was aware of
this.
Commissioner Jasper as what a half right-of-way was. Mr. Bednarz showed a map of
the area and explained the mea .
Motion by Greenwald, seconded by Kircn to recommend to the City Council approval
of Resolution No. _, approving the propose split subject to the conditions in the
attached resolution. Motion carried on a 6-ayes, O-na , -absent vote.
Mr. Bednarz stated that this item would be before the Council at t
Council meeting.
. PUBLIC HEARING: ORDINANCE AMENDMENT (03-02) TO CONSIDER
AMENDING ORDINANCE 266 TO MODIFY EXISTING RENTAL LICENSING
REQUIREMENTS.
Mr. Neumeister explained at the January 21,2003 Planning Commission meeting, several
issues involving the proposed changes to the Rental Housing Ordinance were raised that
needed further discussion.
Mr. Neumeister discussed each of the issues with the Planning Commission in detail.
Commissioner Greenwald asked if the people who were at the last meeting received the
changes. Mr. Neumeister stated they did.
Commissioner Jasper asked in section II, subsection 1 had a paragraph 8 and 9 which
dealt with other violations ofMN Statutes 504b and 609, these have been moved to
section 11, subsection 3, why were these moved. Mr. Neumeister stated they wanted to
make sure that the tenants knew there were State Statutes covering this and not be
explicit in terms of making them items in subsection I. He stated they felt in the
adjustment, this was the proper place to be.
Discussion ensued in regards to the State Statutes and what the tenants should be aware
of.
Motion by Greenwald, seconded by Casey, to open the public hearing at 7:41 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
Mr. Eric Nyland, 2110 140th Lane NW, stated he liked the changes that were made since
the last meeting but he still feels the owner occupants should be under license, otherwise
owner occupants cannot be held accountable under the new Ordinance at all.
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Regular Andover Planning and Zoning Commission Meeting
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Page 6
Commissioner Greenwald asked why the City did not want to include single family home
rental units in the Ordinance. Mr. Herb Blommel stated the reasoning behind this was
they did not want to get into licensing single family homes because if they did that,
people would go out of town for several months and lease their homes out which would
make them fall under the licensing agreement. They wanted to stay away from it if
possible.
Commissioner Kirchoff stated the reason for the Ordinance is to protect the owner and
other tenants from a bad tenant. The issues that would concern Mr. Nyland would
probably fall under State Statute 609.
Commissioner Jasper explained that he thought Mr. Nyland's idea was to reword the
Ordinance to make this work for the owner occupied rental units, which could be done.
Mr. Eric Nyland asked the Anoka County Sheriff if there was a way they could work
with the owners on background checks. The sheriff stated at this point the BCA is the
only one who does this.
Mr. Neumeister stated for the record, he received a written comment from Mr. Kenneth
R. and Connie Evans, 13542 Poppy Street N.W, owner occupant, stating they would like
to see the rental Ordinance stay the way it is.
Motion by Kirchoff, seconded by Vatne, to close the public hearing at 7:50 p.m. Motion
carried on a 6-ayes, O-nays, I-absent vote.
I
Discussion continued in regards to the examples in the Ordinance and if they should list
these and also with owner occupied rental licenses.
Commissioner Greenwald asked if Sargent Platnum could go through the reporting
process. Sargent Platnum stated all the reports on rental properties are coded so they can
punch up a specific code and retrieve reports and calls to any rental property within
minutes. Commissioner Greenwald asked if an owner would get notification of a call in a
reasonable amount of time. Mr. Blommel stated that is what they are planning on doing.
Commissioner Greenwald asked how much information would be given to the owner.
Sargent Platnum stated they would need to follow the data privacy act.
Discussion ensued in regards to sheriff calls to the property.
Mr. Neumeister explained on page five ofthe Ordinance in regards to the second instance
occurring within three months of an incident is a trigger point. If it is more than three
months, they are back at square one so as long as it is more than three months, a tenant
could have more than three calls within a year. Commissioner Jasper stated a second
instance has to follow a first notice and as the Ordinance is written, he did not think a
tenant could build a record.
,
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Regular Andover Planning and Zoning Commission Meeting
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Page 7
Mr. Neumeister stated under the current Ordinance, without getting into further detail,
Mr. Blommel could start this process that is laid out as currently set out. Commissioner
Jasper stated he thought he could in regard to the City Council looking at suspending a
license in some ways the Ordinance is inconsistent because then it talks about provisional
licenses and they have different triggers, which talks about three in a year. The
provisional license and suspension of the full license is somewhat inconsistent because it
does not talk about the different notices.
Discussion continued with the Commission reviewing the different sections of the
Ordinance.
Commissioner Jasper stated in section 2 of page one, he would like the definition
changed to "Rental Dwelling as any dwellin!; unit building with two (2) or more living
units with at least one ( I ) unit for hire. .." so if you are renting out your house, this would
not apply but if a person had a duplex and rented out half of it, this Ordinance would
apply. Mr. Blommel stated they have some doubles that are in town that are two family
dwellings behind County Market that are single family as far as ownership so they may
need to look at it so they would not apply. He stated the police reports do not show the
owner/occupant homes as being a problem area.
Discussion followed regarding what dwelling units should be included in the Ordinance.
, Commissioner Jasper stated on page four, section II, subsection 1, there should be an
/ item eight added which would read "Criminal Statutes", which would cover 504b and
609 and then in subsection 3 they could delete part of the sentence stating "and Section
609 (i.e. Disorderly Conduct; Unlawful .\ssembly; Riot, Terroristic Threat; Presence at
Unlawful.^.ssem-bly."
Commissioner Greenwald asked if seven days was enough time to make any repairs to
comply with the Compliance Order. Mr. Blommel stated the reason they made this seven
days was due to smoke detectors. He felt going longer than two weeks for smoke
detectors was too long. He would like to keep it at seven days with his discretion at
extending it longer than seven days.
Commissioner Jasper stated Compliance Orders deals with more than building issues, it
can deal with disorderly issues and is the focus of this. He stated seven days seems too
short for a landlord to resolve an issue with a tenant. Mr. Neumeister stated they could
make this into two parts, if it is building related, it would be a certain number of days and
if it is a disorderly issue, it would be dealt with another way. Commissioner Jasper stated
this would be a good idea.
Mr. Neumeister noted on page 5, sections 4-6 are rules that they have kept without
change. He stated section 8 is where they would want to focus on and should be
discussed further at the next meeting.
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Regular Andover Planning and Zoning Commission Meeting
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Page 8
Commissioner Jasper stated Section 11, subsection I defines the disorderly uses and
Section II, subsection 8 defines disorderly use differently and he felt these were not
consistent and subsection 8 is not necessary because it is talked about in subsection 1.
Mr. Neumeister asked if the Commission was comfortable with the number of calls to a
unit before eviction. The Commission decided there was not a problem with the number
of calls.
Commissioner Jasper explained they talked about Section 12, subsection I b, at the last
meeting in regards to domestic abuse not being counted. If the Commission's intent is
that the calls not be counted, then the Ordinance would need to be changed to show this.
He stated he thought domestic abuse should be counted as much as any other item but if
that is the intent, the wording would need to be changed.
Commissioner Kirchoff asked if criminal laws would come into effect. Chairperson
Daninger stated they should leave this item for further discussion at the next meeting.
Commissioner Greenwald asked if item 4, on page 7, monthly reports, is fair because
they are giving a little bit ofleeway on getting the reports to the licensee. Mr.
Neumeister stated this is related to the provisional license only and they have already
been put on notice. They would need to give a report every month for six months and at
the end of the six months, they need to have a clean record to get back to the regular
\ license. Commissioner Jasper stated on item 4, this should pertain to the licensee.
/
Commissioner Vatne stated his question was pertaining to the provisional license and the
concern on turn around time in getting notification to landlords for both provisional under
"c" and then prior under the standard licensing. He stated he thought they needed to give
timely notification to the landlords regarding problem tenants and to specify what timely
notification is. Commissioner Greenwald asked if he wanted to put in a time frame on
this or just state it as timely. Commissioner Vatne stated they should put a time frame on
this so the landlord can try to do something about the problem tenant.
Discussion ensued in regards to what would be considered timely for the Ordinance.
Commissioner Greenwald asked if they needed to keep the "adequate lighting" in on
page 7, section 14. Mr. Blommel stated this is in response to front doorway lights and the
landlord needs to keep this in working order and replaced if broken off because most of
the areas do not have street lighting. Commissioner Vatne stated they may want to
discuss this further because he took this sentence to mean overhead lighting such as a
parking lot.
Commissioner Jasper stated on page 9, section 7 should read "Failure to comply with all
terms of this Ordinance during the term ofthe revocation, suspension, or nOll renewal is a
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Regular Andover Planning and Zoning Commission Meeting
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Page 9
misdemeanor" and delete the rest of the language. Mr. Neumeister stated they would
, reword this.
I
Motion by Greenwald, seconded by Kirchoff, to continue this item until April 22, 2003.
Chairperson Daninger noted that if they came to a conclusion on the units behind County
Market, they would notify the residents and have another public hearing.
Motion carried on a 6-ayes, O-nays, I-absent vote.
P LIC HEARING: COMPREHENSIVE PLAN AMENDMENT (03-03) TO
AD T PARK STUDY AS A COMPONENT OF THE 2020 COMPREHENSIVE
PLAN.
Mr. Neumeis r explained the item is in regards to a public hearing to consider adopting
the Park Study a component of the 2020 Comprehensive Plan.
At the March 11, 20 Planning Commission meeting, a public hearing was held to
consider amending Ordl ce 10, Section 9.07 to incorporate recommendations from the
Northwest Associated Con Itants, Inc. (NAC) study. In further review of Ordinance 10,
Section 9.07, the ordinance r rs in a couple sections to the Comprehensive Plan. To
ensure standards for how the pa s will be developed and/or how the park dedication fee
is being determined, the Compreh sive Plan is requested to be amended to add the Park
I Dedication Study as an addendum. e City Attorney's letter explains that this is needed
to withstand any judicial scrutiny in the vent an applicant brings a court challenge to the
dedication requirements for residential de opments.
Motion by Greenwald, seconded by Kirchoff, to pen the public hearing at 9:36 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
There was no public input.
Motion by Kirchoff, seconded by Casey, to close the public 11
carried on a 6-ayes, O-nays, I-absent vote.
Commissioner Jasper asked if the letter and documents are stating the are not addressing
the commercial/industrial park fees, just the residential development. Neumeister
stated he believed that was correct.
Commissioner Greenwald stated the key to this is the park study is required and ey are
fulfilling the requirement by doing this and they do not need to bring in any comm
Mr. Neumeister stated this was true.
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Regular Andover Planning and Zoning Commission Meeting
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Page 3
~ PUBLIC HEARING: ORDINANCE AMENDMENT (03-02) TO CONSIDER
'. AMENDING ORDINANCE 266 TO MODIFY EXISTING RENTAL LICENSING
REQUIREMENTS (CONTINUED FROM APRIL 8, 2003).
Mr. Neumeister explained that at the April 8, 2003 Planning Commission meeting,
several issues involving the proposed changes to the Rental Housing Ordinance were
raised that needed further discussion.
Mr. Neumeister discussed the issues and answers to the issues with the Commission.
Commissioner Jasper stated on page one, section three, should read"... allow to be
occupied or let to another fef a living unit...", on page four, section ten, the sentence
should read "No operating dwelling unit license shall be transferable..." and under
section eleven, subsection one, number eight the sentence should read "Violations of
State Criminal Laws (State Statute Chapter 609); also under subsection three, the
sentence should read "Landlords and Tenants should also be aware of other rules and
regulations as stipulated in State Statutes, Section Chapter 504B." On page six, section
twelve, subsection one should read".. .Licensed living units in a rental dwelling that
have..." On page seven, section 12(2) (A) gives reference to section 11 (A) (1), there is
no section (A) (I), it should read section 11, subsection 1. On page ten, section nineteen,
Licensee should be plural.
Mr. Neumeister discussed issue one with the Commission.
Acting Chairperson Kirchoff asked in looking at the changes, what are they trying to do.
Are they trying to add government to this or are they trying to make safe rental housing
for those persons who do rent. He stated the only one affected would be the one renting
from the landlord. If the tenant does not like the landlord, it would be in the best interest
for the tenant to leave that unit. He stated once you bring a third party into the equation,
this is where the Ordinance helps. He stated he sees no reason why they would want to
license an owner/occupied unit.
Mr. Neumeister discussed issue two with the Commission.
Commissioner Vatne stated he thinks they are trying to protect residents who live near
these rented units. Generally speaking an owner occupied unit with only one tenant, you
would think would be more stringent watch on that tenant and ifthere was a problem they
would act on it but that is not always the case. He stated this is the concem he has and he
is fearful that this would arise and become a problem. He stated from a consistency
standpoint, within the City all rental units would be subjected to this new Ordinance and
it would make it simpler to enforce.
Commissioner Gamache stated if they are going to license rental units, they should
license all of them. He stated they have received letters and a resident has asked to be
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Regular Andover Planning and Zoning Commission Meeting
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Page 4
licensed. He stated they are not only protecting people in the rental units, they are also
/ protecting neighborhoods and everything else.
Commissioner Jasper stated the point Acting Chairperson Kirchoff makes is a good one
but he still leans the other way because there is a consistency argument to be made and
everyone should have the same rules. He stated these are income-producing entities and
they should all play by the same rules.
Acting Chairperson Kirchoff asked what would occur if it is a single family home and
what recourses would happen with these. Mr. Neumeister stated according to the
Ordinance, it would have to be two units on one lot, a single family home or townhouse
would have their own lot under their unit, so it would not apply to them.
Discussion ensued in regards to what type of dwelling units should be included in the
Ordinance. The Commission decided to include the owner/occupied homes in the
Ordinance for licensing.
Mr. Herb Blommel stated they are in the process oflicensing and he wondered if they
would place this in effect for the next licensing period. Commissioner Gamache asked
what the legalities of this would be.
Mr. Neumeister stated they have been informing the owner of the Ordinance change all
along. He stated once it comes to the City Council and they approve it, he would assume
it would go into effect immediately so the twelve owner occupied units should be made
/ aware of this.
Chairperson Daninger arrived at 7:36 p.m.
Mr. Neumeister discussed issues three through five with the Commission in regards to
incidences leading up to provisional license and revocation of license.
Mr. Neumeister discussed issue five with the Commission. After discussion the
Commission added wording to section eleven, subsection nine to indicate "violations of
the housing maintenance code.", so it would be very specific as to what the seven days
would be regarding.
Mr. Neumeister discussed issue six with the Commission.
Commissioner Vatne stated when they made the change with the new page for issue
number three, there was one spot that on page five, subsection five, the information
should reference Section II (4). Commissioner Jasper agreed it should read Section
l.1ill. Commissioner Vatne stated that was correct.
Commissioner Vatne stated the next section should read Section 11(5). Commissioner
Jasper stated it should read Section 11 (4) and (5).
/
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Regular Andover Planning and Zoning Commission Meeting
Minutes - April 22, 2003
Page 5
Commissioner Jasper stated Section 11(8) (E) should be removed from the Ordinance
because if a tenant has two strikes from another property, they cannot give the landlord a
third strike without him having notice of the first two at the other property. His
suggestion that the entirety of Subsection 8 be stricken but at a minimum 8(E) be
stricken. Commissioner Vatne stated he would prefer to strike (E) only.
Commissioner Kirchoff asked if A-D were inclusive of every combination of who would
be in there. He would hate to see this become a loophole of some kind. Mr. Neumeister
stated they previously discussed that if a police call goes to that address, it would not
matter whose it was as long as it was a verified call to the address.
Commission agreed to take Section II (8) out of the Ordinance.
Mr. Neumeister discussed issue seven with the Commission.
Mr. Neumeister discussed issue eight with the Commission in regards to including
domestic abuse as a strike against the renter.
The Commission decided not to include domestic abuse calls as a negative strike against
the renter in the Ordinance.
Mr. Neumeister discussed issue nine with the Commission.
Commissioner Gamache stated he thought this was a concern of one of the owners at one
of the previous meetings. If they are not getting notification in a timely fashion, they
cannot act on it and they could get multiple violations before being notified. He stated he
thought they were going to get something from the sheriff s office stating how long they
get notification out to the landlords. Mr. Blommel stated they send the reports to him and
the reports looked like there was a two-week time period for the sheriffs department to
get him a report. He did not know if this could be done any quicker.
Discussion ensued in regards to whether or not deadlines should be put on the delivery of
reports to the landlords.
Chairperson Daninger stated the Commission should guide staff to do some research and
let Council know there was a split but that was what the Commission recommended. He
stated that timeliness is important here but he would hate to put this on the sheriffs
department and he wanted to make sure they do not take a deputy off of the street to file
reports.
Mr. Neumeister discussed the last issue with the Commission.
Commissioner Jasper stated in Section 16(8) the sentence should read "...Failure to
comply with all terms of this Ordinance is a misdemeanor." The Commission agreed.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - April 22, 2003
Page 6
Motion by Gamache, seconded by Vatne, to open the public hearing at 8:30 p.m. Motion
carried on a 6-ayes, O-nays, I-absent (Greenwald) vote.
Mr. Jason Shutz, 1970 147th Court, indicated that he would like to have a timely report
from the Sheriff s Department. He wondered instead of Mr. Blommel getting a monthly
report, could the Sheriffs office send out a weekly report to each city in the county for a
quick turn around time. He explained that most landlords try to go to court in the
beginning of the month so if the tenant needs to leave, they could have a new tenant in by
the first of the next month. Otherwise, there are cash flow problems. He stated there
could be other situations where something happens that the City and the owners do not
find out about until it is too late. He stated in one of the previous meetings, he
recommended having a personal letter sent directly to the landlord from the sheriff and
bypassing Mr. Blommel so it is a quick turnaround time.
Mr. Neumeister stated for the record, they did receive a letter from Mr. Kevin Gerads
regarding the changes to the Ordinance.
Motion by Kirchoff, seconded by Gamache, to close the public hearing at 8:40 p.m.
Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote.
Chairperson Daninger stated the concern is for the smaller units also. Commissioner
Jasper stated as indicated in the public hearings, there would be support for this.
, Chairperson Daninger stated the feedback was that the owners were the ones eager for
this.
Commissioner Jasper explained on page seven, section 12 (2)(A), the sentence should
read". ..reduce the number of police er-fire calls described in Section 11, Subsection
WEB or 12 over the six month period..." because neither Section 11 or Section 12 talk
about fire calls at all, it only has to do with police calls.
Commissioner Vatne stated on page one, under Section Two, the sentence should read
"to charge a rental charge fee for the use of a living unit in a rental dwelling." He
indicated on page two, they should identify some dates and helps with the milestones on
what has to happen when. Commissioner Gamache stated he preferred not having dates
in case they begin to have different license renewal dates in the future.
The Commission decided to leave the wording alone.
Commissioner Jasper stated section nine deals with the inspections for the housing code
and section thirteen says that each rental unit is subject to the rental code so he would
move this section between Sections eight and nine for consistency to make it more logical
to follow.
/
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Regular Andover Planning and Zoning Commission Meeting
Minutes - April 22, 2003
Page 7
Chairperson Daninger stated the only issue that needed to be discussed was item nine.
" Commissioner Gamache stated he was only throwing out a day because they need to have
something there so the landlord has an idea that they will get enough notice to make
changes. He stated the reason behind amending the Ordinance is to make the
neighborhoods a better place to be and he thought they should tum it over as quickly as
possible and maybe have the Sheriffs' Department hire a secretary to make up these
reports. Commissioner Kirchoff stated the true spirit is to make these work and he would
like staff to work with the Sheriff s Department to expedite the reports as quickly as
possible.
Chairperson Daninger stated he that if they indicated a timeline that is reasonable and
prudent and as quick as possible is what they would be looking for. Commissioner Vatne
stated they are setting in place a process that is very specific in all of the language they
have scrutinized over the date and timing. Now they have a necessary fundamental in
order to make this work and ifit does not happen in a timely manner, everything else
breaks down and will not work. Chairperson Daninger stated he agreed it needs to have a
timeline put on it and maybe it is a number of days and they will let the City Council
know their intentions.
Commissioner Casey stated he agreed it should be a reasonable and prudent time because
people are doing their best to get the information out but they do not want to tie up the
Sheriffs' Department for this.
Commissioner Kirchoff stated he would agree with reasonable and prudent.
,
Commissioner Gamache stated he would be comfortable with a time.
Commissioner Vatne stated he would want a time line.
Commissioner Jasper stated he would agree with reasonable and prudent.
Chairperson Daninger stated he would want reasonable and prudent to be the wording in
the Ordinance.
Commissioner Vatne asked what reasonable and prudent meant. Chairperson Daninger
stated it means in a timely fashion, no delay.
Motion by Kirchoff, seconded by Jasper, to recommend to the City Council approval of
Resolution No. _, approving the Rental Housing Ordinance Amendment. Motion
carried on a 4-ayes, 2-nays (Vatne, Gamache), I-absent (Greenwald) vote.
It was noted that the two negative votes would have approved this if the time was
discussed and a certain timeline was included in the motion.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - April 22, 2003
Page 8
Mr. Neumeister stated that this item would be before the Council at the May 6, 2003 City
Council meeting.
OTHER BUSINESS.
Mr. Neumeister updated the Planning Commission on related items.
ADJOURNMENT.
Motion by Gamache, seconded by Kirchoff, to adjourn the meeting at 9:01 p.m. Motion
carried on a 6-ayes, O-nays, I-absent vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
,
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, , (li)
'\ CITY OF ANDOVER
,
1685 CROSSTOWN BOULEY ARD N. W. . ANDOYER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOYEKMN.US
TO: Planning & Zoning Commission
CC: John Erar, City Administratot
Will Neumeister, Community evelopment Director W~
David Berkowitz, City Engineer':t5Dp
FROM: Todd Haas, Parks Coordinator~
SUBJECT: Consider Comprehensive Plan Amendment to Adopt Park Study Addendum-Parks
DATE: May 6, 2003
INTRODUCTION
This item is in regard to adopting the Park Study addendum as a component of the 2020 Comprehensive
Plan.
DISCUSSION
J At the March I I, 2003 Planning Commission meeting, a public hearing was held to consider amending
Ordinance 10, Section 9.07 to incorporate recommendations from the Northwest Associated Consultants,
Inc. (NAC) study. In further review of Ordinance 10, Section 9.07, the ordinance refers in a couple sections
to the Comprehensive Plan. To ensure standards for how the parks will be developed and/or how the park
dedication fee is being determined, the Planning Commission held a public hearing based on a
recommendation from City staff to consider a Comprehensive Plan amendment. Also, the City Attorney's
letter explains that this is needed to withstand any judicial scrutiny in the event an applicant brings a court
challenge to the dedication requirements for residential developments. The City Council should already
have a copy of the NAC Study. By adopting this as a part of the Comprehensive Plan, this would then
establish the "essential nexus" between the development of land and the need for park dedication.
The Planning Commission reviewed and recommended the amendment to the Comprehensive Plan. Upon
adoption by the City Council, this will be forwarded to the Metropolitan Council for their approval.
ACTION REOUESTED
The City Council is requested to review and adopt the resolution approving the Park Study as part of the
Comprehensive Plan.
RespectfuI~
tfK~
Attachments
Resolution Approving Comprehensive Plan Amendment
Letter from Bill Hawkins
Planning Commission Minutes (April 8, 2003)
r
,
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO 1L-
A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT TO ADOPT THE
PARK STUDY AS A COMPONENT OF THE PARKS CHAPTER.
WHEREAS, the Andover Review Committee has reviewed the Parks Study and
recommends it be made a part of the City Comprehensive Plan (Parks Chapter); and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission has conducted a public hearing on said Park Study and inclusion of it into the
Comprehensive Plan; and
WHEREAS, as a result of such public hearing, the Planning and Zoning Commission
recommends to the City Council the approval of the Park Study and inclusion of it into the
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the Park
Study as an addendum to the Parks Chapter of the Comprehensive Plan, subject to approval by
Metropolitan Council.
,
Adopted by the City Council of the City of Andover this 6th day of May, 2003.
CITY OF ANDOVER
ATTEST:
Victoria Volk, City Clerk Michael R. Gamache, Mayor
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, LAW OFFICES OF
William G. Hawkins and Associates
2140 FoURJ'H AVENUE NOR1H
ILgal 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-MAn.. HawkLawl@ao1.com
ca tL~ c.cW1c.i t
December 2, 2002 PM!! t, ~ C"WL""'I)SI6....
Will Neumeister
Andover City Hall
1685 Crosstown Blvd. NW
Andover, MN 55304
Re: Andover Park Dedication Study
Dear Mr. Neumeister:
I have had the opportunity to review the Andover park dedication study dated November 25,
2002 and conducted by Alan Brixius and Deb Garross at Northwest Associated
Consultants, Inc. (NAC). I wish to take this opportunity to summarize my review of that
, study.
THE STATUTE.
The municipal planning and zoning statutes contained in Minn. Stat. Chapter. 462
specifically authorizes a municipality to adopt regulations which impose park dedication
requirements as part of the plat approval process. Specifically, 462.358, Subd. 2b (2000)
provides, in relevant part, as follows:
"oo. the regulations may require that a reasonable portion of any proposed
subdivision be dedicated to the public or preserved for conservation purposes or for
public use as parks, recreational facilities as defined and outlined in Section
471.191, playgrounds, trails, wetlands, or open space; provided" that (a) the
municipality may choose to accept an equivalent amount in cash from the applicant
for part or all of the portion required to be dedicated to such public uses or purposes
based on the fair market value of the land no later than at the time of final approval,
(b) any cash payments received shall be placed in a special fund by the municipality
used only for the purposes for which the money was obtained, (c) in establishing the
reasonable portion to be dedicated, the regulations may consider the open space,
park, recreational, or common areas and facilities which the applicant proposes to
reserve for the subdivision, and (d) the municipality reasonably determines that it will
need to acquire that portion of land for the purposes stated in this paragraph as a
result of approval of the subdivision."
/
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Will Neumeister
December 2, 2002
Page -2-
This statute sets forth some important points:
1. The City is authorized to impose park dedication requirements as part of the plat
approval process.
2. It must do so pursuant to regulations adopted as part of the plat review process.
3. The dedication amounts must be "reasonable."
4. At the option of the City, the dedication may be accepted in a cash equivalent
amount.
5. The amount is to be determined based upon the "fair market value of the land no
later than at the time of final approval."
6. A special fund is to be utilized.
7. The regulations should take into account the facilities which the applicant
proposes to reserve for the subdivision.
8. The City must make a reasonable determination that the acquisition is necessary
as a result of the subdivision.
,
COURT DECISIONS.
The study prepared by NAC effectively summarizes some of the relevant caselaw regarding
dedications. It should be remembered that a dedication is in the nature of an exaction, Le.,
private property is being acquired by the govemment without compensation. The U.S.
Supreme Court has adopted a two-step analysis that is to be applied when determining
whether or not a dedication requirement is lawful. Dolan v. City of Tigard, 114 S.Ct. 2309
(1994). The catch phrases for the two-step analysis adopted by the Supreme Court are
"essential nexus" and "rough proportionality." In other words, to what "degree" is there a
connection between the development and its impact on the park system. 114 S. Ct. at
2317.
In the first or "essential nexus" step, the City must demonstrate that a sufficient relationship
exists between the property to be developed and the City's need for the dedication. In other
words, the city must be able to demonstrate that it will experience an increase in demand
for or burden upon its park system as a direct result of the development. Can the City
demonstrate that as a result of the project there will be an increased demand and burden
placed upon the park system?
In the second or "rough proportionality" step, the focus is not on the need for the
dedication, but on the amount of the dedication. The Supreme Court did not indicate that a
precise mathematical calculation is required but indicated that "the City must make some
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Will Neumeister
December 2, 2002
Page -3-
sort of individualized determination that the required dedication is related both in nature and
extent to the impact of the proposed development." 114 S. Ct. at 2319-20. In other words,
the size of the amount of the dedication must be roughly proportionate to the size of the
burden placed upon the park system as a result ofthe development.
Minnesota courts have adopted the two-step analysis from Dolan. Kottschade v. City of
Rochester, 537 N.W.2d 301 (Minn. Ct. App. 1995). See, also, Middlemist v. City of
Plymouth, 387 N.W.2d 190 (Minn. Ct. App. 1986); and Collis v. City of Bloomington, 246
N.W.2d 19 (Minn. 1976). Consequently, the two-step "essential nexus" and "rough
proportionality" test is the standard to be applied in Minnesota when determining the legality
of platting dedication requirements.
CITY OF ANDOVER COMPREHENSIVE PLAN AND ORDINANCE.
~ The Andover Comprehensive Plan contains a chapter on parks and open spaces. The
Comprehensive Plan catalogues existing park facilities and provides goals and standards
for expanding the system as the City continues to develop. The NAC study does an
excellent job of summarizing the system and detailing the anticipated costs and needs for
expansion of the park system in light of the anticipated growth of the City. The study
adequately demonstrates the demands that anticipated growth will have upon the park
system and the need for future additional funding to meet these demands. While the two-
step Dolan analysis anticipates an "individualized determination," the study, comprehensive
plan, and related documents effectively establish the "essential nexus" or first step required
showing of a link between development and the need for dedication.
The Andover subdivision ordinance sets forth the procedure the City currently follows in
determining the park dedication requirements in the plat approval process. The ordinance
correctly requires dedications to be reasonable, allows for cash equivalents, defines "market
value," and allows for consideration of private open space development plans.
The NAC study recommends some amendments to the subdivision ordinance. The
recommended amendments are sensible and two recommendations merit further
discussion. First, it is recommended that in calculating the amount of cash payments made
in lieu of land dedications, the land be valued as of the time of final plat approval rather than
as raw undeveloped land as currently contemplated by the ordinance. Minnesota law
. authorizes municipalities to value land for dedication purposes at the time of final plat
approval. Section 462.358, Subd. 2 b (a) (2000) provides:
'The municipality may choose to accept an equivalent amount in cash from the
applicant for part or all of the portion required to be dedicated to such public uses or
purposes based on the fair market value of the land no later than at the time of final
approval... . "
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I
Will Neumeister
December 2, 2002
Page -4-
In the Collis case, the Supreme Court upheld the determination by the city to value the land
as of the date of final plat approval rather than as raw undeveloped land stating:
"The ideal point to evaluate the land for recreational purposes... is when the nature
of the subdivision, its probable population, lot size, and other relevant factors can be
reasonably known." 246 N.W.2d at 28.
It is true that evaluating the land at the time of final plat approval will result in a greater
dedication dollar amount. Importantly, it is also true that by evaluating the land at the time
of final plat approval, the City will be in a better position to comply with the two-step Dolan
analysis by making a more precise determinatiqn of the impact of the development upon
the park system.
Second, the NAC study illustrates the legal issue associated with the practice of charging a .
park dedication fee for commerciallindustrial developments. This is because it is more
difficult to calculate the impact that commerciallindustrial development will have upon the
park system and satisfy the two-step Dolan standard. While it may be that the high quality
of life offered by the City of Andover, which is in part based upon an excellent park system,
is a factor considered by commerciallindustrial developers locating in the City, the
connection between the existence of a commerciallindustrial development and an
increased burden on the park system seems less obvious. Can the City articulate to what
/ degree a particular commerciallindustrial development will burden the park system? The
law mandates an "individualized determination" which may be challenging for the City to
achieve. I have concems about the ability of the City to sustain dedication requirements for
commerciallindustrial developments if a challenge is brought. However, I am not aware of
any court decisions on this point.
In the NAC study, it is recommended that the commerciallindustrial property in the City pay
a proportionate share of the anticipated future park system costs. The assignment of a
portion of the overall cost to the commerciallindustrial property has the effect of decreasing
the amount of the residential share. I have two concems. Fiist, a park dedication
requirement for commerciallindustrial development will be more difficult to sustain if
challenged. Second, should the commerciallind ustrial dedication requirement be
successfully challenged, a shortfall will exist and the City will have to either rework its park
dedication policies or provide funding from other sources.
The NAC study does an excellent job of calculating the anticipated growth of the City and
the concurrent financial needs of the park system. The study is consistent with the
requirements of Dolan and demonstrates that the anticipated dedication requirements are
roughly proportionate to the distribution of park system costs. I believe that this study, when
combined with the comprehensive plan, its related documents, CitY ordinance, and
appropriate meeting minutes and findings will be abundantly adequate to withstand judicial
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r
Will Neumeister
December 2, 2002
Page -5-
scrutiny in the event an applicant brings a court challenge to the dedication requirements for
residential developments.
I trust this addresses the issues which you have raised. If you wish to discuss this matter
further, please feel free to call.
!tcere
1\
cc: John Erar
Todd Haas
Alan Brixius
(
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I
. Regular Andover Planning and Zoning Commission Meeting
Minutes -April 8, 2003
Page 9
" and delete the rest of the language. Mr. Neumeister stated they would
Motion by Greenwald, seconded by Kuc o continue this item until April 22, 2003.
Chairperson Daninger noted that if they came to a conclusion 0 units behind County
Market, they would notify the residents and have another public hearing.
Motion carried on a 6-ayes, O-nays, I-absent vote.
.. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (03-03) TO
ADOPT PARK STUDY AS A COMPONENT OF THE 2020 COMPREHENSIVE
PLAN.
Mr. Neumeister explained the item is in regards to a public hearing to consider adopting
the Park Study as a component of the 2020 Comprehensive Plan.
At the March 11, 2003 Planning Commission meeting, a public hearing was held to
consider amending Ordinance 10, Section 9.07 to incorporate recommendations from the
Northwest Associated Consultants, Inc. (NAC) study. In further review of Ordinance 10,
Section 9.07, the ordinance refers in a couple sections to the Comprehensive Plan. To
ensure standards for how the parks will be developed and/or how the park dedication fee
is being determined, the Comprehensive Plan is requested to be amended to add the Park
Dedication Study as an addendum. The City Attorney's letter explains that this is needed
to withstand any judicial scrutiny in the event an applicant brings a court challenge to the
dedication requirements for residential developments.
Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 9:36 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
There was no public input.
Motion by Kirchoff, seconded by Casey, to close the public hearing at 9:36 p.m. Motion
carried on a 6-ayes, O-nays, I-absent vote.
Commissioner Jasper asked if the letter and documents are stating they are not addressing
the commercial/industrial park fees, just the residential development. Mr. Neumeister
stated he believed that was correct.
Commissioner Greenwald stated the key to this is the park study is required and they are
fulfilling the requirement by doing this and they do not need to bring in any commercial.
Mr. Neumeister stated this was true.
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r
, Regular Andover Planning and Zoning Commission Meeting
Minutes -April 8, 2003
Page 10
Motion by Jasper, seconded by Greenwald, to recommend to the City Council approval
of Resolution No. _, approving adopting the Park Study as a component of the 2020
Comprehensive Plan. Motion carried on a 6-ayes, O-nays, I-absent vote.
Mr. Neumeister stated that this item would be before the Council at the May 6, 2003 City
Council meeting.
Commissione 'rchoffthanked Mr. Neumeister for the format in the staffletter that was
presented and state was very helpful.
Chairperson Daninger stated he reciated the Commission Members taking the time to
look into and discuss the rental ordina
ADJOURNMENT.
Motion by Greenwald, seconded by Kirchoff, to adjourn the meeting
Motion carried on a 6-ayes, O-nays, I-absent vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver OjJSite Secretarial, Inc.
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I
@
\ 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 City Council
CC: John Erar, City Administrator~
Will Neumeister, Community evelopment Director wi./'-
David Berkowitz, City EngineerJ:>.1>3
FROM: Todd Haas, Parks Coordinator ~
SUBJECT: Consider Ordinance 10 Amendments / Park Dedication Requirements - Parks
DATE: May 6, 2003
INTRODUCTION
This item is in regards to consider amending Ordinance 10 to incorporate recommendations from
the Northwest Associated Consultants, Inc. (NAC), Park and Recreation Commission, and Planning
Commission regarding Park Dedication requirements specified in Ordinance 10..
DISCUSSION
In June of 2001, the City Council authorized NAC to prepare a Park Comprehensive Study
concerning park dedication standards and the ordinance amendments suggested to implement the
Park Plan Chapter of the Comprehensive Plan.
Since June 2001, NAC addressed the future park needs and dedication standards for the current
2020 MUSA and the two potential rural reserve areas. This study was reviewed by the City Council
on January 7, 2003. Based on the discussion by the City Council, a fee was adopted of $2,155 per
unit for residential. The 10% market value for industrial/commercial did not change.
Although the fees were approved, the Ordinance 10, Section 9.07 amendments that were
recommended still need to be considered and approved by Council.
Attached for your review is a memo dated November 25, 2002 from NAC regarding
recommendations to be made to Ordinance 10 and a letter from the City Attorney dated December
2,2002 regarding the summary of the study. Each City Council member should already have a copy
of the original NAC study.
I
ACTION REQUESTED
The City Council is requested to review and recommend the approval of the Ordinance 10
amendments as recommended by the Planning Commission.
Respectfully submitted,
~/~
Todd Haas
Attachments:
NAC Park Dedication Study
Amended Ordinance 10 (Section 9.07)
Planning Commission Minutes (March 11, 2003)
Letter from City Attorney
cc: Jim Lindahl, Park & Recreation Commission Chair
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 10 -
AN ORDINANCE AMENDING SECTION 9.07 OF ORDINANCE 10 (SUBDIVISION
ORDINANCE) WITHIN THE CITY OF ANDOVER.
THE COUNCIL OF THE CITY OF ANDOVER ORDAINS THAT THE SECTIONS THAT ARE
STRICKEN OUT SHALL BE REMOVED, AND UNDERLINED SECTIONS SHALL BE
ADDED TO SECTION 9.07 OF ORDINANCE 10 AS FOLLOWS:
9.07 Parks, Playgrounds, Open Space and Public Uses. (lOA, 9-13-74)
9.07.1 Lands of Public Use or Other Provisions. Pursuant to Minnesota Statute, Chapter
462.358, as amended, the City Council of the City of Andover shall require all owners or
developers, as a prerequisite to approval of a plat, subdivision or development of land, to convey to
the City or dedicate to the public use, for park or playground purposes, a reasonable portion of the
area being platted, subdivided or developed as hereinafter specified. Said portion to be approved
and acceptable to the City or in lieu thereof, the owners or developers shall, at the option of the
City, pay to the City for the use in the acquisition of public parks, open space and playgrounds,
development of existing public park and playground sites, and debt retirement in connection with
land previously required for public parks and playgrounds. an equiyalent amount in cash based upon
the undeveloped land value of that portion of said land that would have otherwise been required to
be dedicated. Any park cash contributions based on market yalue for commercial/industrial
zoned property property is to be determined as identified in Section 9.07.5 are to be calculated
and established based on the land yalue at the time of final plat. Anv park cash contributions
for residential zoned property is to be determined as identified in Section 9.07.5. The form of
contribution (cash or land) shall be decided by the City based upon need and conformance with
approved City comprehensive plans.
9.07.2 Dedicated Land Requirements. Any land to be dedicated as a requirement of this
section shall be reasonably adaptable for use for active park and recreation purposes and shall be at
a location convenient to the people to be served. Factors used in evaluating the adequacy of
proposed park and recreation areas shall include size, shape, topography, geology, tree cover, access
and location.
Also land dedication shall be selected based on the park land need defined by the Andover
Park System Plan. Active park land areas shall be exclusive of wetlands, slopes exceeding: 12
percent ponding: areas. or other features unsuitable for active park development. The City
may accept natural open space or passive park containing: unique natural environmental
features as part of the park land dedication. Selection of park land for dedication shall be at
the discretion of the City Council, based on the policies and recommendations of the
Comprehensive Plan and the Comprehensive Park System Plan.
r
9.07.3 Standards for Determination. The Park and Recreation Commission shall
recommend to the City Council adoption of the Comprehensive Park Development Plan for
determining what portion of each such development should reasonably be required to be so
conveyed or dedicated. Such Comprehensive Park Development Plan may take into consideration
the zoning classification assigned to the land to be developed, the particular proposed use for such
land, amenities to be provided and factors of density and site development as proposed by the
owners or developers. The Park and Recreation Commission shall further recommend changes and
amendments to the Comprehensive Park Development Plan to reflect changes in the usage of land
which may occur, changes in zoning classifications and concepts and changes in planning and
development concepts that relate to the development and usages to which the land may be put.
9.07.4 Park and Recreation Commission Recommendation. The Park and Recreation
Commission shall, in each case, recommend to the City Council the total area and location of such
land that the Commission feels should be so conveyed or dedicated within the development for
park, playground, open space and public use purposes.
9.07.5 Cash Contribution in Lieu of Lands. In those instances where a cash contribution is
to be made by the owners or developers in lieu of a conveyance or dedication of land for park,
playground, open space or public use purposes, the Park and Recreation Commission shall
recommend to the City Council the amount of cash said Commission feels should be so contributed.
Such recommendation shall be based on the market value of the undeveloped land that would
otherwise have been conveyed or dedicated.
In lieu of land dedication, the City may require from the developer or owner a cash contribution
which is based on a fee per lot/unit basis for the development of residential zoned property. In the
case of the development of commercial/industrial zoned property, the City may require a cash
contribution from the developer or owner which is based on ten (10%) percent of the market value
of the land. These fees are established and adopted by the City Council resolution and are effective
for any plat that has not received preliminary plat approval after the date of publication of this
ordinance. The fees would also apply to plats that have received preliminary plat approval, but have
not received final plat approval by the City Council within twelve months of the publication date of
this ordinance. (IOCC, 4-20-99) If an extension is requested of the preliminary plat beyond the
twelve months. the fee that is in effect at the time of the extension is the fee that is to be
contributed. Park cash contributions are to be paid to the City prior to the recording of the
final plat at the county. The City Council may require the payment at a later time under
terms agreed upon in the development agreement. Delaved payment may include interest at a
rate set by the City.
If the applicant or developer does not believe that the estimates contained in the City fee
schedule (pursuant to this park dedication analysis) fairly and accurately represent the effect
of the subdivision on the park or trail system of the City, the applicant or developer may
request that the City prepare an in-depth studv of the effect of the subdivision on the park
and trail svstem and an estimate of that effect in money and/or land. All costs of said study
shall be borne by the developer or applicant. If the developer or applicant requests the
preparation of such a study. no application for development submitted shall be deemed
, complete until the studv has been completed and a determination is made as to the
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appropriate amount of land or money necessary to offset the effects of the subdivision.
If a combination of cash and land dedication is required. the cash contribution to the City
would be determined as follows for residential zoned property:
Step 1 _ Total acreae:e of plat multiplied by ten percent (minimum required land dedication)
yields the required land to be dedicated.
Step 2 _ Actual acres of park to be dedicated divided bv the required land to be dedicated
yields the percent of land that must be dedicated.
Step 3 - "Total Park Dedication Fee" will be determined by establishine: the ultimate number
of residential lots beine: dedicated (if no Park land was dedicated) multiplied by the
park dedication fee per unit.
Step 4 _ Divide the "Total Park Dedication Fee" by the required land to be dedicated. This
yields the "Fee Per Acre".
Step 5 _ Multiply the "Fee Per Acre" by the acres of park to be dedicated. This yields the
dollar value of credit for land beine: dedicated.
Step 6 _ "Total Fee" minus the dollar value of credit for land beine: dedicated yields the
dollar amount and/or balance due in Park Dedication Fee.
9.07.6 Market Value of Lands. "Market Value", for the purposes of caIculatine: the
/
commercial/industrial park dedication fee as required by this Ordinance shall be determined as
of the time of the final plat without improvements in accordance with the following:
A. The Park and Recreation Commission and owners or developers may
recommend to the City Council the market value. The City Council after
reviewing the Park and Recreation Commission's recommendation, may
agree with the owner or the developer as to market value. (IOBB, 8-4-98)
B. The owner or the developer may select from a list, one of three accredited
appraisers that has been approved by the City to establish the market
value. The appraisal shall be at the expense of the owner or the developer.
Such appraisal shall be accepted by the City Council and the owner or
developer as being an accurate appraisal of "market value". (lOBB, 8-4-98)
9.07.7 Density and Open Space Requirements. Land area so conveyed or dedicated for park,
open space and playground purposes may not be use by an owner or developer as an allowance for
development as set out in the City Zoning ordinance. The land shall be in addition to, (except for
9.07.8), and not in lieu of, open space requirements for Planned Unit Developments pursuant to the
City Zoning Ordinance.
9.07.8 Credit for Private Open Space. Where private open space for park and recreation
/ purposes is provided in a proposed development and such space is to be privately owned and
maintained by the owner of that development, such areas may be used for credit at the discretion of
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the City Council against the requirement of dedication for park and recreation purposes, provided
the City Council finds it is in the public interest to do so and that the following standards are met:
(1OZ,9-16-97)
A. That yards, court areas, setbacks and open space required to be maintained
by City Ordinances shall not be included in the computation of such
private open space;
B. That the private ownership and maintenance of the open space is
adequately provided for by written agreement;
C. That the private open space is restricted for park and recreation purpose by
recorded covenants which run with the land in favor of the owners of the
property within the development and which cannot be eliminated without
the consent of the City Council; (1 OZ, 9-16-97)
D. That the proposed private open space is reasonably adaptable for use for
park and recreational purposes, taking into consideration such factors as
size, shape, topography, geology, access and location of the private open
space;
E. That facilities proposed for the open space are in substantial accordance
with the provisions of the recreational element of the Comprehensive Plan,
and are approved by the City Council and;
/ That where such credit is granted, the amount of credit shall not exceed
F.
one hundred (100%) percent for the development of the amount calculated
under Section 9.07.10. (lOZ, 9-16-97)
9.07.9 Park and Recreation Commission Administrative Procedures. The Park and Recreation
Commission shall establish such administrative procedures as they may deem necessary and
required to implement the provisions of this Ordinance.
9.07.10 Dedicated Land, Minimum Area. Developers of land within the City of Andover shall
be required to dedicate to the City for park, open space and playground purposes as a minimum that
percentage of gross land area as set out below:
Requirement
A. Residential 10% (1OZ,9-16-97)
B. Commercial-Industrial 10%
9.07.11 Metes and Bounds Lot Splits. The Park and Recreation Commission may recommend
cash payment in lieu of park land on metes and bounds lot splits less than twenty (20 a.) acres in
size. The payment amount shall be determined through the same process outlined in Section 9.07.5.
(lOP, 12-19-89; 10CC, 4-20-99)
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby
adopt the above amendments to Ordinance No.1 0 (Section 9.07).
Adopted by the City Council of the City of Andover this 6th day of May, 2003.
CITY OF ANDOVER
Attest:
Michael R. Gamache - Mayor
Victoria V olk - City Clerk
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F'&.(E. ~(;>'Y
NORTHWEST ASSOCIATED CONSULTANTS, IN C.
5775 Wayzata Boulevard. Suite 555. St. Louis Park. MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
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MEMORANDUM - e,'l/ H",w~s / tlVy A~r..et
-{F~"I&P Itl~.f'lrn.)
TO: Todd Haas /WiII Neumeister
FROM: Alan Brixius / Deb Garross
DATE: November 25, 2002
RE: Andover Park Dedication Study
FILE NO: 111.06
On November 14, 2002, the Andover City Council and Park Commission met to discuss
the November 11, 2002 Andover Park Dedication Study. At that meeting, a number of
issues were raised that required further attention. This memo is intended to provide
response to the outstanding issues related to that meeting.
The City Council and Park Commission discussed whether it was more appropriate to
have a percentage of land value versus a cash per unit or acre dedication. In the
discussion, the Council cited the Collis vs City of Bloomington 1976 lawsuit as the rule
of thumb for park dedication and believed that the 10 percent dedication in relationship
to current land values in Andover would provide adequate funds to cover future park
expenses. It is important to note that in that finding, the court indicated that the 10
percent requirement might be arbitrary as a matter of law because it does not consider
the relationship between the particular subdivision and the recreational need of the
community. Subsequent lawsuits, both Dolan vs Tigard 1994 and Kottschade vs City of
Rochester 1995 indicated that the City has the burden of proving the required
relationship between property development and the City's need for the land dedication
that an essential nexus exists between the land and/or park dedication and the land use
and that the distribution of cost is roughly proportionate to benefit received. In this
respect, it is imperative that whether the City chooses a percentage of land value or a
cash per unit or acre dedication, that we demonstrate a roughly proportional benefit to
each land use that contributes to the park system demand. To accomplish this
objective, the study took the following steps:
1. . We identified the City-wide ultimate park system and assigned a value to
allow us to define the system benefit throughout the community.
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.
2. We examined the City's existing and forecasted population, household
characteristics. The growth assumptions within the study are reflective of
the City's Comprehensive Plan and the Comprehensive Sewer Plan
related to future residential densities and household sizes. These
documents provide us with continuity between the City's planning efforts.
3. We examined the proportional distribution of the ultimate park system
value between existing development and future growth. This analysis
indicates that the park system is currently overbuilt, providing capacity
within the existing system for new growth. This is exhibited in Table 8 of
the report on page 14.
4. Tables 9, 10, and 11 of the November 11, 2002 study provides estimated
park dedication fees per residential unit based on three different growth
scenarios and three different park systems scenarios. Based on the
aforementioned factors, staff recommended that Table 10 be considered
as the most likely development alternative that the City may pursue. This
includes build out of the 2020 system with one additional community
ballfield complex. The result of this would be a 2020 park dedication fee
per residential unit of $2,607. This fee would be reduced if either Rural
Service Area 1 or Rural Service Area 2 were added to the 2020 MUSA.
At the November 14, 2002 workshop meeting, the City Council and Park Commission
, suggested that we will maintain the park dedication requirements for commercial!
industrial land uses in the current position. In making this decision, the recommended
cash contribution per residential unit will be reduced with the introduction of additional
fees being collected from the commerciallindustrialland uses in the future.
The attached tables reflect the anticipated commerciallindustrial park dedication fees
that will be collected from future development and have been applied to the calculation
for park dedication fees per unit. The following tables illustrate the impact that
commerciallindustrial park dedication fees will have on reducing th~ fees per unit for
residential development.
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COMMERCIAUlNDUSTRIAL PARK DEDICATION FEE FORMULA
Averaae Value Per Acres Pari< Dedication Per Acres
120,000 I per acre X 10% = $12,000
Pari< Dedication Per Acre Remaining CII Land Eligible Total C/I
For Pari< Dedication Future Park Dedication
$12,000 X 125 acres $1,500,000
TABLE 13
ESTIMATED PARK VALUE AND DEDICATION FEE WI NO
ADDITIONAL COMMUNITY BALLFIELD COMPLEXES
Total Estimated C/I Pari< Residential No. Housing Pari< Dedication
System Value Dedication Share of Pari< Units FeelUnit
S stem Residential
2020 33,678,322 $2,320
, Area 1
I Area 2
1 Rural Reserve Area 1 - Two additional Neighborhood Parks needed at total cost of $1,134,180
2 Rural Reserve Area 2- Three additional Neighborhood Parks needed at total cost of $1,701,270
TABLE 14
PARK VALUE AND DEDICATION FEE W/1 ADDITIONAL COMMUNITY
BALLFIELD COMPLEX 3
Total Estimated C/I Pari< Residential No. Housing Pari<
System Value Dedication Share of Pari< Units Dedication
System FeelUnit
Residential
$2,504
37,481,593
Area 2 $39,548,683 1,500,000 38,048,683 19,042 $1,998
"Rural Reserve Area 1 and 2 - households per Area added to 2010 Census Data
1 Rural Reserve Area 1- Two additional Neighborhood Parks needed ata total cost of$1,134,180
2 RurafReserve Area 2- Three additional Neighborhood Parks needed at a total cost of $1,701,270
3 One Additional Community Playfield (similar to City Hall Complex) at a total cost of $2,669,091
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TABLE 15
PARK VALUE AND DEDICATION FEE W/2 ADDITIONAL COMMUNITY
BALLFIELD COMPLEXES 3
Total Estimated CII Park Residential No. Park Dedication
System Value Dedication Share of Park Housing Fee/Unit
S stem Units Residential
39,016,504 14,516 $2,688
$41,650,684
Area 2 $42,217,774 1,500,000 40,717,774 19,042 $2,138
*Area 1 and 2 - households per Area added to 2010 Census Data
, Rural Reserve Area 1 - Two additional Neighborhood Parks needed at a total cost of $1,134,180
2 Rural Reserve Area 2 - Three additional Neighborhood Parks needed at a total cost of $1,701,270
3 Two Additional Community Playfields ( similar to City Hall Complex) at a total cost of $5,338,182
RECOMMENDA TIONS
Based on discussions at the November 14, 2002 City Council/Park Commission
workshop, the following amended recommendations are offered:
1. To support the value of proposed cash dedications it is recommended that the City
update its Subdivision Ordinance to incorporate the Minnesota Statute language
specifying that land value (for the purpose of calculating park dedication) will be
, I determined based upon the value of the land at the time of final plat The following
language is suggested:
Park cash contributions are to be calculated and established at the time of final plat
approval. The City Council may require the payment at the time of final plat
approval or at a later time under terms agreed upon in the development agreement.
Delayed payment may include interest at a rate set by the City.
2. The current park system and plan is consistent with the Comprehensive Plan Land
Use Plan and the City Council has determined that the value of this system should
be equitably distributed among each of the benefited land uses including residential,
commercial, and industrial. The City will maintain its current commercial and
industrial park dedication requiring 10 percent of land value. Factoring the
commerciallindustrial dedication into the overall park land dedication fee formulation,
we would recommend that the City select the park dedication fee of $2,504 per
residential unit to cover build out costs of the City's planned park system and the
development of one additional community playfield. This per unit dedication amount
may be adjusted per the alternative fee illustrated in Table 14 if the City chooses to
expand its 2020 MUSA to include either Rural Reserve Area 1 or 2. A periodic
review of land values and facility costs should be done to ensure that the park
dedication fee remains current based upon market conditions. Staff recommends
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that the Engineering News Record Cost Index (ENR Cost Index) be utilized as the
source to annually update facility values to account for inflationary factors.
3. In the event that the City Council chooses to add 2 additional Community Playfields
to the overall system, a residential park dedication fees from Table 15 should be
instituted.
4. The Subdivision Ordinance should be amended to provide an alternative to the
developer to conduct an individualized study for the subdivision to determine park
needs, should there be a question as to the applicability of the residential unit fee.
The following language is suggested:
If the applicant or developer does not believe that the estimates contained in the City
fee schedule (pursuant to this park dedication analysis) fairly and accurately
represent the effect of the subdivision on the park or trail system of the City, the
applicant or developer may request that the City prepare an in-depth study of the
effect of the subdivision on the park and trail system and an estimate of that effect in
money and/or land. All costs of said study shall be bome by the developer or
applicant. If the developer or applicant requests the preparation of such a study, no
application for development submitted shall be deemed complete until the study has
been completed and a determination is made as to the appropriate amount of land
or money necessary to offset the effects of the subdivision.
Based upon the experience of NAC Inc., no developer has requested a special study
to determine individual subdivision impacts to a municipal park system to date. In
I the event that a developer requests a special study, all costs of the study would be
paid for by the developer. The study would consist of an analysis of the park system
to define the improvements needed to complete the affected facilities. The analysis
would include a review of the specific impacts the development project would have
on the planned park facilities, current land value, current facility costs and other
pertinent information. The resulting costs of the land and facilities needed to provide
for the development project would be estimated and assigned accordingly to the
development project. The recommended park dedication fees are based on the
costs identified in Exhibit D.
5. The City should consider incorporating park redevelopment infrastructure planning
as part of the 5-year Capital Improvements Plan. Minnesota Statutes specify that
park dedication fees may not be used for maintenance purposes and therefore it is
important for the City to continue to provide a separate budget fund for maintenance.
In conferring with the City Attorney, it is possible to use park dedication fees for new
or replacement of facilities. However, any park improvements above those identified
in Exhibit 0 will need to be financed outside of the park dedication funds. As the
park system ages, there will be an increased need to retrofit existing facilities, as
they will have aged beyond their useful life in the older parks. Park dedication fees
can be used to replace some facilities and infrastructure however, the City will need
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to establish other sources to pay for replacement of the park system facilities in full
developed neighborhoods or park service areas.
The City has accepted a number of Mini and Neighborhood Park areas (65 acres or
12% of the total parkland), in the past which are not developable due to topographic
and natural features constraints. These parks, while not providing active park
facilities, contribute to the overall park system through the provision of aesthetic
natural open spaces and passive recreational areas. Future land dedication shall be
done in accordance with the following language:
. Land dedication shall be selected based on the park land need defined by the
Andover Park System Plan. Active park land areas shall be exclusive of wetlands,
slopes exceeding 12 percent ponding areas, or other features unsuitable for active
park development. The City may accept natural open space or passive park
containing unique natural environmental features as part of the park land dedication.
Selection of park land for dedication shall be at the discretion of the City Council,
based on the policies and recommendations of the Comprehensive' Plan and the
Comprehensive Park System Plan.
CONCLUSION
These changes represent the requests from the November 14, 2002 workshop meeting.
Please review and contact me if you have any further questions on this material.
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PLANNING AND ZONING COMMISSION MEETING - March 11,2003
The egular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
called t rder by Acting Chairperson Kirchoff on March 11,2003,7:00 p.m., at the
Andover Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Acting Chairperson Tim Kirchoff, Commissioners Tony
Gamache, Rex Greenwald, Dean Vatne, Jonathan Jasper
and Michael Casey.
Commissioners absent:
Also present: City P er, Courtney Bednarz
Assistant 'ty Engineer, Todd Haas
Community velopment Director, Will Neumeister
Others
OATH OF OFFICE
Commissioner Casey read the Oath of Office to himself.
APPROVAL OF MINUTES.
February 25, 2002
Motion by Jasper, seconded by Greenwald, to approve the minutes as presented.
carried on a 5-ayes, O-nays, I-present (Casey), I-absent vote.
. PUBLIC HEARING: ORDINANCE AMENDMENT (03-01) TO CONSIDER
AMENDING ORDINANCE 10 TO INCORPORATE RECOMMENDATIONS FROM
THE NORTHWEST ASSOCIATED CONSULTANTS PARK STUDY.
Mr. Haas explained that this item is in regards to a public hearing to consider amending
Ordinance 10 to incorporate recommendations from the Northwest Associated
Consultants, Inc. (NAC) regarding Section 9.07 (Parks, Playground, Open Space and
Public Use).
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2003
Page 2
Mr. Haas discussed the information and Ordinance changes with the Commission.
Commissioner Greenwald asked who wrote the amendments. Mr. Haas indicated that
staff wrote them based on the recommendation of the City CounciL
Commissioner Greenwald asked if the City had any standards in regards to establishing
the interest rate. Mr. Haas stated when the developer comes in to record their final plat,
they have to pay all of their fees. The ordinance also allows the developer to pay the fee
at a later date and interest would be based on the banks current rate.
Commissioner Jasper stated in the cash contribution in lieu ofland in the Ordinance, it
indicates the fee per lot unit set by the City Council but he does not see in the Ordinance
how the City Council sets the per lot fee. It also states the fee is set at the time of the
preliminary plat but it also states any park contributions are based on the value at the time
of final plat and this seemed inconsistent. Mr. Haas stated the only time they are based
on market value is for commercial and industrial because it is a unit charge. Mr. Bednarz
explained this section of the Ordinance is referencing State Statute which allows the City
to collect ten percent of the value per lot for park dedication and the formula the City
uses to arrive at the park dedication rates is based on trying to get close to the ten percent
of the market value. Commissioner Jasper stated what he was getting at was what
appeared to be inconsistencies in the Ordinance.
There was discussion in regards to dedicated land and how it is worded in the Ordinance
and the fees associated with it.
Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:23 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
There was no public input.
Motion by Greenwald, seconded by Gamache, to close the public hearing at 7:24 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
Commissioner Greenwald stated it was hard because they have not seen the entire study
but through discussion, he thought some of the items were explained and Mr. Haas saw
where the Commission wanted clarification.
Commissioner Jasper stated he thought several things needed to be clarified on ordinance
9.07.1. He stated the additional language being added talks about cash contributions
based on market value and the rest of the Ordinance as he read it says with residential
property, it is either ten percent land or it's a per lot fee so the additional language should
be amended to read "based on market value of commercial/industrial property." He
noted the Ordinance does not currently address how a part land and part cash dedication
is handled. Also how the City Council sets the per lot fee is not clear. He stated in the
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2003
Page 3
, Ordinance, there is not any formal guidance for the City. He suggested language be
added to the Ordinance regarding these two items.
Commissioner Gamache stated the lot fee is set with a separate Ordinance the City
already has and it is separate from what they are looking at. He stated what they are
looking at is not necessarily what the fee is but what changes are to be made in the
Ordinance. Mr. Bednarz stated with a simple fix they can explain the fees are established
with the city's fee ordinance.
Commissioner Vatne stated asked for language that speaks to actions on the part of the
Council to resolve a partiallandlpartial cash transaction. Acting Chairperson Kirchoff
stated in the case of part cash/part land, he thought that it was usually by the direction of
the City. Mr. Haas stated how he interpreted the Ordinance; it has to be agreed upon by
both parties.
The commission also discussed how a new park dedication rate will apply if the applicant
seeks to extend an approved preliminary plat beyond the 1 year timeframe.
Motion by Greenwald, seconded by Gamache, to recommend to the City Council
approval of Resolution No. _, approving the Ordinance amendments with the changes
made by the Planning Commission. Motion carried on a 6-ayes, O-nays, I-absent vote.
/ Mr. Bednarz stated that this item would be before the Council at the April I, 2003 City
Council meeting.
PUBLIC HEARING: SPECIAL USE PERMIT (03-04) FOR TEMPORARY
GREENHOUSE OPERATION AT 2218 BUNKER LAKE BOULEVARD NW.
Mr. Bednarz explained the EDA decided the temporary structure would not be allowed in
the Andover Station development.
Commissioner Greenwald stated he thought this would be a great place for one and he
asked why the EDA voted against this. Mr. Neumeister stated the design standards do
not allow for such a temporary structure and they were not willing to change the design
standards. He stated the vote was four to two so there was some acceptance, but not
overwhelming acceptance. He explained there was also one statement that the location in
terms of reducing the number of parking stalls in a prime area of the parking lot was also
the reason they did not want to see this there because it would take about twenty stalls
near the front door.
Commissioner Jasper asked if the EDA decides on an issue, is the Planning Commission
prohibited from making a decision on that issue. Mr. Neumeister stated the EDA is the
party to the covenants and the controlling interest in the covenants at this point because
they are the controlling interest in terms of the number of properties still owned by the
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2003
Page 4
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, EDA at this time. He stated that when they established the design standards, those were
some of the guidelines or covenants that people that owned property in the area had to
abide by so when they made this decision, they would be making this as a group
reviewing their own covenant documents to see ifthis would allow for it and they felt it
did not and they were not willing to change it.
Commissioner Gamache asked if Knowlans, when they built the store, knew they were
not allowed to set up a greenhouse per the covenants when they moved in there. Mr.
Neumeister stated they had to agree to the guidelines when they moved in but he did not
think anybody read these. Commissioner Gamache stated they are putting one of their
grocery stores at a competitive disadvantage for the summer because of this. Mr.
Neumeister stated there was some mention by one of the EDA Commissioners about
other greenhouse operations in the City that are taxpaying entities and that this would not
be a taxpaying nursery or greenhouse operation because it is considered temporary and
not taxed as such.
PUBLIC HEARING: ORDINANCE AMENDMENT (03-02) TO CONSIDER
AMENDING ORDINANCE 266 TO MODIFY EXISTING RENTAL LICENSING
REQUIREMENTS.
\ Mr. Neumeister explained that the Council discussed this issue in October 2002 and
directed staff to provide additional research on potential changes to the Rental Housing
Ordinance. The City Council reviewed a draft of the potential changes on February 26,
2003. Council directed staff to bring it forward to a public hearing at the Planning
Commission on March 11,2003.
During preparation of the changes, staff reviewed other cities that have adopted more
stringent ordinances. The City of New Brighton was contacted, since they made such
changes to their Rental Housing Ordinance in February 2001. There have been no legal
challenges to their ordinance, at this point in time. This is partly due to significant
discussions they had with the landlords before they adopted it in 2001.
Mr. Neumeister discussed the information with the Commission.
Commissioner Gamache asked if it was automatic according to the Ordinance being
amended that it would automatically go to a provisional license after the second call or at
the next renewal. Mr. Neumeister stated it is listed under provisional licenses in the
Ordinance. He stated the fire indication under this section in the Ordinance, should be
stricken. He stated the Ordinance does allow for an exemption of certain calls.
Discussion ensued in regards to the number of calls per unit in the Ordinance before a
license can be revoked.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2003
Page 5
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Commissioner Greenwald asked if the City expected any more rental units coming into
the City in the future. Mr. Bednarz stated he did not expect anymore than what has
already been approved.
Commissioner Greenwald asked if the $75.00 fee was arbitrary or was it taken from
another Ordinance. Mr. Neumeister stated about a year ago they worked through the
building department, fire department and they arrived at the $75.00 fee is an accurate
number for the amount of time spent doing inspections on the units and when there are
problems and violations, they have to inspect the units again. He stated they did a very
detailed analysis and it was determined the number was correct.
Commissioner Jasper asked ifit was the intent when drafted. That it would be two calls
to any apartment as opposed to any building. Mr. Neumeister stated it is two calls to any
unit. Commissioner Jasper stated there needed to be clarification in regards to the use of
units. He stated there were too many different ways dwelling/rental units are being used
and is very confusing.
Discussion ensued in regards to the wording in the Ordinance in reference to the different
units and the wording that should be used.
Commissioner Jasper stated they exempt domestic assaults so the statute would not apply
if they had a single woman living in an apartment and the estranged husband came over
and assaulted her but the Statute would apply if a stranger would come and threatened the
woman. Mr. Neumeister stated that was his understanding.
Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:59 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
Mr. Eric Nyland, 2110 140lh Lane NW stated he was an owner occupant of a rental unit
on the street. He stated he would like to clarify a couple of things. He asked if the copy
of the Ordinance he received was the final copy. Mr. Neumeister stated this was the
latest version.
Mr. Nyland stated to his understanding, he would pay seventy-five dollars to rent out one
unit in his building. Mr. Neumeister stated he would not pay any fee because he would
be exempt. Mr. Nyland stated he believed he should have to hold a license so he would
be covered under the Ordinance. Commissioner Gamache stated he agreed. He stated if
a person is renting out a unit in Andover, they should hold a license on the property.
Commissioner Vatne stated he understood exempt units to be different than what was
discussed. Mr. Neumeister explained the definition of exempt units.
There was discussion in regards to exempt units in owner occupied rental houses.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2003
Page 6
Mr. Nyland stated he was assuming that after adoption of this Ordinance, there would be
inspection of all the units, would they be inspected immediately after this. Mr.
Neumeister stated every two years they would be inspected with the license renewal
except owner occupied units. Mr. Nyland stated he would like all units inspected,
including his. He stated as far as conduct on licensed property, holding the landlord
responsible is tough to do when the landlord can not even evict for these types of
violations, how can his license be taken away from him on those grounds. Acting
Chairperson Kirchoff stated this Ordinance is being used as a backup to help with
evictions. Commissioner Greenwald stated Dave Almgren stated they can evict and the
ordinance is only backup so the resident is making a valid point. Mr. Nyland asked if
they knew what the State Statute says because he does not think they should write this
Ordinance without knowing what the Ordinance states.
Commissioner Jasper stated it would be advisable to put into a rental agreement
regarding this Ordinance. He stated it was a legitimate concern because the Ordinance
does not make it a violation of the Ordinance to have a disorderly juvenile.
Mr. Nyland stated on section 14, landscape conditions, are these different standards than
that of the single family home in Andover. Mr. Neumeister stated the units have to be
kept up and are not necessarily the same as the single family homes. Commissioner
Gamache stated his understanding of this was that any deviation to species or material be
equal or better than what was previously approved. Mr. Nyland stated different standards
for rental units are fine but they need to be fair.
Commissioner Greenwald stated there is a difference with residential in landscaping
because they approve each one on a case by case basis.
Mr. Jason Shutz, 1970 14ih Court stated there is a lot of emphasis on what the landlord
should do and he was wondering when there is police incidence, how soon would the
owner be contacted to an occurrence. Mr. Neumeister stated if they are going to institute
these changes, they need quicker report from the Sheriffs' Department which the
Sheriffs' Department agreed to.
Commissioner Greenwald asked if they should put in the Ordinance a requirement for
timely reports from the Sheriffs' Department. Mr. Neumeister stated they could do this.
Commissioner Gamache asked if they could put into the Ordinance that the owner of a
building would have a police report in their possession within thirty days. Commissioner
Greenwald indicated they would probably need to find out from the Sheriffs if this
would be possible. Commissioner Gamache stated he did not know if this would be
possible because of possible investigation in a case.
Mr. Shutz stated he would like a report within five days every time there would be an
incident because then he could issue an eviction notice and have time to clean up the unit
and try to rent it out again with a minimal loss of income.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2003
Page 7
I Mr. Bednarz recommended putting the information and reports on a shared website for
the owners to see. Commissioner Jasper stated he did not know if this would be possible
because of privacy concerns and laws involving privacy. Mr. Bednarz stated he agreed
that there were privacy issues and that would need to be addressed.
Discussion ensued in regards to privacy and sharing information with the owners.
Commissioner Vatne stated he believed the Ordinance was a database issue also with
fairly complex reporting they were talking about and they need to have it work rapidly.
Mr. Neumeister stated in New Brighton, the owners of the buildings formed a co-op to
share information with each other regarding the tenants. Mr. Shutz stated he did not
know if thirty-six owners would want to form a co-op.
Mr. Neumeister suggested they could continue this item until they received more
information from the sheriff and Mr. Amdahl regarding this discussion. Acting
Chairperson Kirchoff stated this was a good idea.
Mr. Matt McBride, 2600 138th stated he lived in one of the units for four years. He stated
he was concerned about telling a tenant they were being held responsible for police calls,
which would be grounds for eviction, what is going to stop them from calling the police
two or three more times before they are evicted and making him lose his license.
Commissioner Gamache stated it indicates in the Ordinance that if the owner is working
on an eviction, the owner would not have any adverse license action brought against the
owner.
Mr. McBride asked if there is a problem with a building down the block and they called
the police, would the call count against the caller. Commissioner Gamache stated it
would not count against the caller; it would count against the offender, which is in section
seventeen of the Ordinance.
Motion by Vatne, seconded by Gamache, to close the public hearing at 8:51 p.m. Motion
carried on a 6-ayes, O-nays, I-absent vote.
Acting Chairperson Kirchoff stated he thought it would be advisable to have the City
Attorney and the Sheriff come to help them with this before it is sent to the City Council.
Commissioner Greenwald stated he would not feel comfortable passing this onto the City
Council without more information. He asked in regards to the landscape condition, do
they need to be more specific. Commission Gamache stated he did not think any of the
properties have an approved landscape condition. Commissioner Greenwald stated it was
brought up in the public hearing and thought it should be looked at.
Commissioner Vatne stated when he reviewed this, the discussion with the process in
New Brighton, it took extra time to put this in place, but it saved time by reducing the
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2003
Page 8
/ number of calls. He thinks there is a fixed process that would be similar for Andover to
install but the problem is they would not get the benefit by the number of call reduction
because of the number of units. He stated there is a cost involved and he would like to
get a better understanding of what the cost would be. He stated he would also like to find
out what the turn around time would be for reports.
Commissioner Vatne stated he was concerned with the strictness of the Ordinance on the
landlord when the landlord can not be that strict with the tenants.
Commissioner Jasper stated he is concerned with the reference to all the different units
and he would like these better defined in the Ordinance. He stated he would support
tabling this for further information.
Commissioner Jasper stated in section eleven, it talks about violation of State law relating
to possession of controlled substance, the State law differentiates between possession and
sale and he would add this because a person can sell controlled substances without
actually having them. He stated they should give a notice within a certain number of
days and then give a certain amount of days to take the preventative steps. He thought it
should be explicit and it should be a second incident after a notice is given.
Commissioner Gamache stated he thought they should not require a landlord to respond
any quicker to a notice than the City can respond to them.
Commissioner Jasper stated they need to clarify the number of police calls to a building.
It should be "two police calls per unit" and not "two police calls per building".
Motion by Greenwald, seconded by Casey, to table this item for further discussion after
revisions are made and to have a representative from the Sheriffs Department and City
Attomey at the meeting. Motion carried on a 6-ayes, O-nays, l-absent vote.
OTHER BUSINESS.
Mr. Bednarz updated the Planning Commission on related items.
ADJOURNMENT.
Motion by Greenwald, seconded by Gamache, to adjoum the meeting at 9:10 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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LAW OFFICES OF
William G. Hawkins and Associates
2140 FoUKl'H AVENUE NOJml
Legal Arsistant MOKA, MINNESOTA 55303
WIWAM G. HAWKINS TAMMI J. UVEGES PHONE (763) 427-8877
/ FAX (763) 421-4213
BARRY A. SULLIVAN HOu.y G. PRovo E-MAn. HawkLawl@ao1.com
December 2, 2002 ~I ~D: ~31~ ~I~
CITY OF ANDOVER
Will Neumeister
Andover City Hall
1685 Crosstown Blvd. NW
Andover, MN 55304
Re: Andover Park Dedication Study
Dear Mr. Neumeister:
I have had the opportunity to review the Andover park dedication study dated November 25,
2002 and conducted by Alan Brixius and Deb Garross at Northwest Associated
Consultants, Inc. (NAC). I wish to take this opportunity to summarize my review of that
study.
,
THE STATUTE.
The municipal planning and zoning statutes contained in Minn. Stat. Chapter, 462
specifically authorizes a municipality to adopt regulations which impose park dedication
requirements as part of the plat approval process. Specifically, 462.358, Subd. 2b (2000)
provides, in relevant part, as follows:
.... the regulations may require that a reasonable portion of any proposed
subdivision be dedicated to the public or preserved for conservation purposes or for
public use as parks, recreational facilities as defined and outlined in Section
471.191, playgrounds, trails, wetlands, or open space; provided' that (a) the
municipality may choose to accept an equivalent amount in cash from the applicant
for part or all of the portion required to be dedicated to such public uses or purposes
based on the fair market value of the land no later than at the time of final approval,
(b) any cash payments received shall be placed in a special fund by the municipality
used only for the purposes for which the money was obtained, (c) in establishing the
reasonable portion to be dedicated, the regulations may consider the open space,
park, recreational, or common areas and facilities which the applicant proposes to
reserve for the subdivision, and (d) the municipality reasonably determines that it will
need to acquire that portion of land for the purposes stated in this paragraph as a ,
result of approval of the subdivision."
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Will Neumeister
December 2, 2002
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This statute sets forth some important points:
1. The City is authorized to impose park dedication requirements as part of the plat
approval process.
2. It must do so pursuant to regulations adopted as part of the plat review process.
3. The dedication amounts must be "reasonable."
4. At the option of the City, the dedication may be accepted in a cash equivalent
amount.
5. The amount is to be determined based upon the "fair market value of the land no
later than at the time of final approval..
6. A special fund is to be utilized.
7. The regulations should take into account the facilities which the applicant
proposes to reserve for the subdivision.
8. The City must make a reasonable determination that the acquisition is necessary
as a result of the subdivision.
COURT DECISIONS.
The study prepared by NAC effectively summarizes some of the relevant caselaw regarding
dedications. It should be remembered that a dedication is in the nature of an exaction, Le.,
private property is being acquired by the govemment without compensation. The U.S.
Supreme Court has adopted a two-step analysis that is to be applied when determining
whether or not a dedication requirement is lawful. Dolan v. City of Ttgard, 114 S.Ct. 2309
(1994). The catch phrases for the two-step analysis adopted by the Supreme Court are
"essential nexus" and "rough proportionality." In other words, to what "degree" is there a
connection between the development and its impact on the park system. 114 S. Ct. at
2317.
In the first or "essential nexus" step, the City must demonstrate that a sufficient relationship
exists between the property to be developed and the City's need for the dedication. In other
words, the city must be able to demonstrate that it will experience an increase in demand
for or burden upon its park system as a direct result of the development. Can the City
demonstrate that as a result of the project there will be an increased demand and burden
placed upon the park system?
In the second or "rough proportionality" step, the focus is not on the need for the
dedication, but on the amount of the dedication. The Supreme Court did not indicate that a
precise mathematical calculation is required but indicated that "the City must make some
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Will Neumeister
December 2, 2002
Page -3-
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sort of individualized determination that the required dedication is related both in nature and
extent to the impact of the proposed development." 114 S. Ct. at 2319-20. In other words,
the size of the amount of the dedication must be roughly proportionate to the size of the
burden placed upon the park system as a result of the development.
Minnesota courts have adopted the two-step analysis from Dolan. Kottschade v. City of
Rochester, 537 N.W.2d 301 (Minn. Ct. App. 1995). See, also, Middlemist v. City of
Plymouth, 387 N.W.2d 190 (Minn. Ct. App. 1986); and Collis v. City of Bloomington, 246
N.W.2d 19 (Minn. 1976). Consequently, the two-step "essential nexus" and "rough
proportionality" test is the standard to be applied in Minnesota when determining the legality
of platting dedication requirements.
CITY OF ANDOVER COMPREHENSIVE PLAN AND ORDINANCE.
The Andover Comprehensive Plan contains a chapter on parks and open spaces. The
Comprehensive Plan catalogues existing park facilities and provides goals and standards
for expanding the system as the City continues to develop. The NAC study does an
excellent job of summarizing the system and detailing the anticipated costs and needs for
expansion of the park system in light of the anticipated growth of the City. The study
adequately demonstrates the demands that anticipated growth will have upon the park
system and the need for future additional funding to meet these demands. While the two-
step Dolan analysis anticipates an "individualized determination," the study, comprehensive
plan, and related documents effectively establish the "essential nexus" or first step required
showing of a link between development and the need for dedication.
.
The Andover subdivision ordinance sets forth the procedure the City currently follows in
determining the park dedication requirements in the plat approval process. The ordinance
correctly requires dedications to be reasonable, allows for cash equivalents, defines "market
value," and allows for consideration of private open space development plans.
The NAC study recommends some amendments to the subdivision ordinance. The
recommended amendments are sensible and two recommendations merit further
discussion. First, it is recommended that in calculating the amount of cash payments made
in lieu of land dedications, the land be valued as of the time of final plat approval rather than
as raw undeveloped land as currently contemplated by the ordinance. Minnesota law
authorizes municipalities to value land for dedication purposes at the time of final plat
approval. Section 462.358, Subd. 2 b (a) (2000) provides:
'The municipality may choose to accept an equivalent amount in cash from the
applicant for part or all of the por!ion required to be dedicated to such public uses or
purposes based on the fair market value of the land no later than at the time of final
approval... . "
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Will Neumeister
December 2, 2002
Page -4-
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In the Col/is case, the Supreme Court upheld the detennination by the city to value the land
as of the date of final plat approval rather than as raw undeveloped land stating:
"The ideal point to evaluate the land for recreational purposes... is when the nature
of the subdivision, its probable population, lot size, and other relevant factors can be
reasonably known." 246 N.W.2d at 28.
It is true that evaluating the land at the time of final plat approval will result in a greater
dedication dollar amount. Importantly, it is also true that by evaluating the land at the time
of final plat approval, the City will be in a better position to comply with the two-step Dolan
analysis by making a more precise detennination of the impact of the development upon
the park system.
Second, the NAC study illustrates the legal issue associated with the practice of charging a .
park dedication fee for commerciallindustrial developments. This is because it is more
difficult to calculate the impact that commerciallindustrial development will have upon the
park system and satisfy the two-step Dolan standard. While it may be that the high quality
of life offered by the City of Andover, which is in part based upon an excellent park system,
is a factor considered by commerciallindustrial developers locating in the City, the
connection between the existence of a commerciallindustrial development and an
increased burden on the park system seems less obvious. Can the City articulate to what
/ degree a particular commerciallindustrial development will burden the park system? The
law mandates an "individualized detennination" which may be challenging for the City to
achieve. I have concerns about the ability of the City to sustain dedication requirements for
commerciallindustrial developments if a challenge is brought. However, I am not aware of
any court decisions on this point.
In the NAC study, it is recommended that the commerciallindustrial property in the City pay
a proportionate share of the anticipated future park system costs. The assignment of a
portion of the overall cost to the commerciallindustrial property has the effect of decreasing
the amount of the residential share. I have two concems. First, a park dedication
requirement for commerciallindustrial development will be more difficult to sustain if
challenged. Second, should the commerciallind ustrial dedication requirement be
successfully challenged, a shortfall will exist and the City will have to either rework its park
dedication policies or provide funding from other sources.
The NAC study does an excellent job of calculating the anticipated growth of the City and
the concurrent financial needs of the park system. The study is consistent with the
requirements of Dolan and demonstrates that the anticipated dedication requirements are
roughly proportionate to the distribution of park system costs. I believe that this study, when
combined with the comprehensive plan, its related documents, City ordinance, and
appropriate meeting minutes and findings will be abundantly adequate to withstand judicial
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Will Neumeister
December 2, 2002
Page -5-
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scrutiny in the event an applicant brings a court challenge to the dedication requirements for
residential developments.
I trust this addresses the issues which you have raised. If you wish to discuss this matter
further, please feel free to call.
!/'
cc: John Erar
Todd Haas
Alan Brixius
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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.Cl.ANDOVER.MN,US
TO: Mayor and Councilmembers
CC: John Erar, City Administratiox/
FROM: Will Neumeister, Director of Community Development wL
SUBJECT: Review Current and Proposed City Logos (continued from March 18, 2003)-Community
Development
DATE: May 6, 2003
INTRODUCTION
To refresh your memory about what has transpired in completing this City Council Goal of 2002-
2003. The City logo has been in place for about 20 years and consists of a simple design representing
a "C" for City and "A" for Andover. During the last few months, staff pursued various avenues to
preparing alternatives to consider for a new City logo. The City engaged art students, solicited
drawings and concepts from residents and there were many designs submitted, including some from
one member of the Council.
At the meeting of March 18, 2003 the Council selected one particular design and directed staff to add
a couple of different looking oak trees to the logo design to see what it would look like. Council also
directed staff to announce to the residents and anyone interested that they could submit additional
ideas for a new logo. Staff put an article in the City's newsletter and no new designs incorporating a
tree into the logo have been submitted by the City's residents. At this point, the newest logo designs
(incorporating a tree) have been assembled for Council review and are attached to this report.
ACTION REQUIRED
Staff requests Council review the newest alternative logo designs and provide direction on which one
of the proposed designs is the most desired. The Council needs to be aware that delay the selection of
a new logo may delay the two City's monument entrance signs that have been slated to be built in
2003.
Respectfully submitted,
hL(,~&"~.
Will Neumeister
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.C\.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administratort
FROM: Jim Dickinson, Finance Director
SUBJECT: Consider Youth First Donation
DATE: May 6, 2003
INTRODUCTION
A letter requesting funding from the City of Andover to Youth First was received recently, and
the Council is requested to consider a $5,000 contribution for 2002 and a $5,000 contribution for
2003.
DISCUSSION
Finance has talked to Jan Pomeroy at Youth First and Jim Knutson from the City of Anoka
(Anoka is the fiscal agent) about the Youth First request.
Jim Knutson indicated that letters were not sent out requesting funds for the past few years, and
that the Cities of Ramsey and Anoka also did not make contributions for 2002 & 2003. He did
state that the City of Ramsey did provide $10,000 once this year's letter went out. The City of
Anoka considered the same at a recent Council meeting and authorized a $5,000 contribution and
indicated that the City of Anoka would consider the other $5,000 after the current legislative
session is complete.
Jan Pomeroy indicated that when she gave a presentation to the Andover City Council in
December of2000 (minutes attached), the Council approved a $5,000 donation at that time and
approved Youth First as a line item in the budget for coming years.
The 2001 donation was made from the 2000 Contingency fund, because ofthe late request and
was not placed into the 2001 budget. It does appear from the minutes that Ms. Pomeroy's
indication of Youth First to be a line item in the budget is correct, but was not followed up on by
City Staff or by Youth First. City Staff did not put a line item into the budget, and Youth First
did not provide an annual budget to the City as indicated that they would.
I
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Mayor and Councilmembers
, Tuesday, May 6, 2003
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Page Two
BUDGET IMP ACT
This donation request was not budgeted for in 2003 and the only logical funding source would be
the 2003 Contingency. Any funding provided through the Contingency would reduce available
funding for unforeseen items.
ACTION REQUIRED
The Andover City Council is requested to consider a donation to Youth First.
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ANDOVER ANOIIA RAMSEY
Building assets that lead to positive choices.
\
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YOUTH FI R S T April 30, 2003
NWACCC Board of Andover City Council
Attn: John Erar, City Manager
Directors 1685 Crosstown Blvd. NW
Andover, MN 55304
. Anoka County Board of
Commissioners Dear Honorable City Council Members,
. Anoka.Hennepin School The NorthWest Anoka County Community Consortium sent notification reminding
Board the City of Andover about payment of the $5000 annual commitment for the 2002
. Cities of: Andover, fiscal year and asking the city for commitment of $5000 for 2003. We understand
Anoka, Ramsey that there were questions raised regarding the programs offered by the NW ACCC
and the Youth First Organization. There were also concerns expressed regarding the
direct benefit of the various programs offered to the City of Andover.
Youth First, under the direction of NW ACCC, has promoted programs that meet
goals developed after the formation of the joint powers agreement. The joint powers
Asset Building Partners agreement between the cities of Andover, Anoka, and Ramsey, Anoka County, and
the Anoka-Hennepin School District has been an on-going collaborative between the
. Businesses governmental agencies since 1995. The following goals were identified based on the
. Community results of the survey taken by high school students: need for adult supervision of
young people during after school hours, early intervention programs that target youth
J . Faith Community exhibiting signs of depression, identification of resources that work with young
people to prevent suicide, prevention of alcohol and tobacco access and use by
. Family youth, and education for the community on asset development.
. Health Care The following are examples of programs that were designed to meet the needs of
. Neighborhoods young people in our community as identified through the Search Institute Survey.
. Schools . A Character Education program is promoted in the schools, churches, and
. Seniors businesses throughout the community; emphasizing the development of the
40 assets required for healthy youth.
. Youth . Buckets of Books, a literacy promotion project of Youth First, places
buckets of children's books in many Andover area businesses. Children
who are read to grow up to be better students, have higher test scores, and
require less remedial academic service.
. The Skate Park at Grace Lutheran Church in Andover is supported by
Youth First and promotes opportunities for young people to build athletic
skills under the supervision of adult role models. Not every young person
has the interest or talent to participate in group athletic endeavors.
. Students from the Andover area are invited to participate in the Guard Our
Youth Program at the Anoka Armory. This program provides adult role
models and supervision during those critical hours of 3 to 5 p.m.
. The "Adults Who Make a Difference" program recognizes adults in the
community who are providing young people with the appropriate support to
develop assets, thus assisting them to grow into healthy adults. Many of the
recipients of that award are residents or are employees of businesses in the
Andover community. Many of the young people nominating those winners
live in the Andover area. The local papers have highlighted these winners
in numerous articles!
Youth First. 320 E. Main St.,. Anoka, MN 55303 . Phone (763) 576.5800, Fax (763) 576.2727
E-mail: youthfirst@ties.mn.us . Website: www.youthfirst.ws
\ In addition to the projects described earlier, Youth First sponsors teen dances and skateboard
I competitions, participates in community parades and events, and supports other programs and
organizations that promote asset development in young people in the Andover, Anoka, and
Ramsey community.
NW ACCC, Youth First, and Neighbors Helping Neighbors require funding to continue these vital
programs. Youth First has been the recipient of numerous large grants through Allina; McKnight;
the Department of Children, Families, and Learning, Anoka County; and smaller grants and
donations from local organizations and churches. The grant process requires community
involvement and collaboration between numerous organizations. The joint powers of Anoka
County, the cities of Andover, Anoka, and Ramsey, and the Anoka-Hennepin School District,
along with our local business and faith community, has been recognized as a model collaborative.
Erica Crone, Mankato State University Rural Policy and Development Program, has reviewed the
Neighbors Helping Neighbors program and interviewed people in the community. She will be
sending a formal report, but stated in her letter regarding the Neighbors Helping Neighbors
program as a project of Youth First, "Your story is one of the great collaborations of school
districts, government, county, faith communities, local business and conununity organizations."
On behalf of the Board of Directors of NW ACCC, I ask that you consider the positive impact that
this collaborative has on the Andover community as you meet to discuss your on-going level of
commitment. If you have questions regarding any of the programs or would like to speak with me
or another member of the NW ACCC, please feel free to contact me at any time. I can be reached
at 763-506-240l.
The next board meeting of the NW ACCC will be held on June 6th, at 7:15 a.m., room #772 of the
Anoka County Government Center. Feel free to contact Terri Cleveland, Office of County
Administration, if you would like to attend our June meeting. She can be reached at 763-323-
5652.
"/"W1Y~ .
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Vickie Spindler, ChJl1
NorthWest Anoka County Community Consortium
Enclosure: Joint Powers Agreement
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Contract No.
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JOINT POWERS AGREEMENT
NORTHWESTERN ANOKA COUNTY COMMUNITY CONSORTIUM
"NW ACCC"
The parties to this Agreement are Anoka County, City of Andover, City of Anoka, City of
Ramsey, and Independent School District No. II, all of which are governmental units of the State
of Minnesota This Agreement is made pursuant to Minnesota Statutes, Section 471.59.
ARTICLE I. GENERAL PURPOSE
The general purpose of this Agreement is to create an organization through which the parties
may jointly and cooperatively create a community-wide vision f~r positive youth development that
would focus on developing a detailed action plan to implement the results of the recent Search
Institute Youth Needs Assessment Survey. The organization would concentrate on encouraging
community partnerships that would improve the factors inhibiting healthy development identified
in the aforementioned study. The organization would also work to promote both the internal and
\ external assets identified in the study and assist youth in increasing their ability to make positive
;
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choices in their lives. The organization will continually assess progress toward meeting that detailed
action plan to promote positive youth development and attempt to diminish or eliminate influences
that limit healthy youth development. The organization would serve as a formal structure to
,
assemble a permanent Child and Youth Task Force that would be responsible for implementing this
action plan on a permanent basis.
ARTICLE II. PARTIES
Section 1. The governmental units eligible to become parties to this Agreement are
Anoka County, City of Andover, City of Anoka, City of Ramsey, Independent School District No.
11, and such other governmental units sharing common concerns and designated by the Board from
time to time.
Section 2. Any governmental unit desiring to enter into this Agreement may do so by
the duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the
, clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the
/
Agreement, together with a certified copy of the authorizing resolution or other action, with the
Board of Directors. The resolution authorizing the execution of the Agreement shall also designate
the fIrst directors and alternate director.
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ARTICLE III. BOARD OF DIRECTORS
Section I. The governing and policy-making responsibilities of Northwest Anoka
County Community Consortium (NW ACCC) shall be vested in its Board of Directors, which shall
control its property, be responsible for its finances, and direct its administrative affairs.
Section 2. Each party shall be entitled to two directors, who shall have one vote each.
Each party shall also be entitled to one alternate director, who shall be entitled to attend meetings
of the Board, but may only vote in the absence of one of the party's two directors.
Section 3. The two directors and one alternate director shall be appointed by resolution
of the governing body of each party. When the governing party of a body appoints a director or
alternate director, it shall give notice to the NW ACCC of such appointment in writing with a
certified copy of the resolution making the appointment. The two directors and alternate director
serve at the pleasure of the governing body of the appointed party. Finally, the two directors and
alternate director of each party shall be appointed to serve until their successors are appointed and ~
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qualified.
Section 4. The two directors and alternate director of each party shall not receive any
compensation from the NW ACCC for their services.
Section 5. There shall be no voting by proxy; all votes must be cast in person at the
Board meetings by the two directors or alternate director.
Section 6. A majority of the votes attributable to the parties constitute a quorum of the
Board.
Section 7. The Board by majority vote may designate ex-officio members, who shall be
entitled to attend and participate in meetings, but shall not be entitled to vote.
ARTICLE IV. POWERS AND DUTIES OF THE BOARD
Section 1. The powers and duties of the Board shall include the powers set forth in this
Article.
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Section 2. The Board may appoint a coordinator, who shall perform the duties and
, responsibilities assigned by the Board and whose compensation shall be fixed by the Board.
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Section 3. The Board may enter into such contracts as necessary to carry out the general
purposes of this organization. No contract on behalf of the organization may be entered into or
executed until the Board has approved such action. The Board may authorize any officer or officers,
agents or agents, to enter into a contract or execute and deliver an instrUment in the name of and on
behalf of the organization.
Section 4. It shall establish an annual budget. It may invest or reinvest funds not needed
for current operating expenses, if any, in the manner applicable by laws to, cities. It shall not at any
time incur obligations in excess of funds then available to it Organization funds may be expended
by the Board in accordance with procedure established by laws for the expenditure of funds by
statutory cities. Orders, checks, and drafts shall be signed by the chair and countersigned by the vice
chair. Other legal instruments shall be executed on behalf of the Board by the chair and vice chair.
Section 5. It shall make a financial accounting and report to the parties at least once each
year and its books and records shall be audited annually and be available for and open to
, examination by the parties at all reasonable times.
, Section 6. It may accept gifts, apply for and use grants of money or other property from
the state, Anoka County, or any other governmental or private organization, and may enter into
agreements required in connection therewith and may hold, use, and dispose of such monies or
property in accordance with the terms of the gift, grant, loan, or agreement relating thereto.
Section 7. It shall indemnify directors, officers, and employees against claims for
damages, costs, and expenses incurred by any of such persons in connection with any action, suit,
or proceeding in which he may be involved by reason of his having been a director, officer, or
employee, and may obtain liability insurance therefore. Such indemnification need not be exclusive
of other rights to which any such person would otherwise be entitled as a matter of law.
Section 8. It may exercise any other power necessary. and incidental to the
implementation of its powers and duties under the provisions of this Agreement.
ARTICLE V. MEETINGS, ELECTIONS, AND DUTIES OF OFFICERS
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Section I. Anoka C?UDty agrees to convene the organizational meeting ofNW ACCC.
Section 2. At the first meeting of the Board of Directors ofNW ACCC, the Board shall ,
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elect from its members a chair and vice chair. The new officers shall take office for a period of one
year after the date on which they are elected.
Section 3. At the organizational meeting, or as soon thereafter as may reasonably be
done, the Board shall determine its procedures, including the time, place, frequency, and notice of
, its regular meetings and the manner of calling special meetings.
Section 4. A vacancy shall immediately occur in the office of any officer upon
resignation or death, or otherwise upon such officer ceasing to be a representative of a governmental
unit. Upon vacancy occurring in any office, the Board shall fill such position at its next meeting.
ARTICLE VI. WITHDRAWAL
Section 1. Any member party may at any time give written notice of withdrawal from
, NW ACCC. A party withdrawing from membership at a time when such withdrawal does not result
in dissolution of the organization shall forfeit its claim to any assets of the organization.
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ARTICLE VII. DISSOLUTION , \
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, Section I. The organization shall be dissolved whenever (a) aggregate withdrawals of
member parties representing more than one-half of the area population occurs, or (b) by a majority
vote of all members of the Board.
Section 2. Upon dissolution, the remaining assets of the organization, after payment of
all obligations, shall be distributed among the parties as determined by the Board.
1 ARTICLE VIn. DURATION
,
, This Agreement shall continue in effect for a period of two years unless an Agreement
, extension is agreed upon by the parties.
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ARTICLE IX. EFFECTIVE DATE
i This Agreement shall become effective upon its execution by the parties hereto.
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IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be
executed on their behalf.
ATTEST COUNTY OF ANOKA
By:
John "Jay" McLinden Dan Erhart, Chair
County Administrator Anoka Board of Commissioners
Date:
ATTEST: CITY OF ANDOVER
By: By:
Title: Date:
ATTEST: CITY OF ANOKA
By: By:
Title: Date:
ATTEST: .~ CITY OF RAMSEY
.ljL\g~" ~.
By: ~ ",. By: '-......... ~ '
Tm.: W.If;J tVm.l~; vd:I... =- =~J 1, /995
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ATTEST: INDEPENDENT SCHOOL DISTRICT #11
By: By:
Title: Date:
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Page 5 of 5
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IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be '\
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executed on their behalf.
ATTEST: COUNTY OF ANOKA
By:
John "Jay" McLinden Dan Erhart, Chair
County Administrator Anob Board of Commissioners
Date:
ATTEST: CITY OF ANDOVER
By: By:
Title: Date:
ATTEST: CITY OF ANOKA ."")
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~ Vkc/5:- ~~ 1A fLl; }
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By: By:
, C, ~&~~
Title: Date: O.LMW ~ /f?S
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ATTEST: CITY OF RAMSEY
By: By:
Title: Date:
ATTEST: INDEPENDENT SCHOOL DISTRICT #11
By: By:
Title: Date:
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IN WITNESS WlIEREOF, the undersigned parties have caused this Agreement to be
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executed on their behalf.
ATTEST: COUNTY OF ANOKA.
By:
John "Jay" McLinden Dan Erhart. Chair
County Administrator .Anoka Board of Commissioners
Date:
ATTEST: CITY OF ANDOVER
By: By:
Title: Date:
ATTEST: CITY OF ANOKA
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Title: Date:
ATTEST: . CITY OF RAMSEY
By: By:
Title: Date:
ArrEST: V . IND.EPENDENT syaoo~~
By: K"kr "-A/ By: --jPfvL, A . .-
Title: A SSo(,i..ie ~Li,o t- Date: 4-dl- 95
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IN WITNESS WHEREOF, the undersigned panies have caused this Agreement to be -,
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executed on their behalf: "-
ATTEST: COUNTY OF ANOKA
By:
John "Jay. McLinden Dan Erhart, Chair
County Administrator Anoka Board of Commissioners
Date:
ATTEST:. CITY OF A.."IDOVER
By: By: I-~' t. J%~Y~
Title: Date: ~ ~,IW'.
ATTEST: CITY OF A..'\(OKA .:-)
, ,
By: By: .
Title: Date:
ATTEST: CITY OF RA..\fSEY
By: By:
Title: Date:
ATTEST: INDEPENDE.'IT SCHOOL DISTRICT #11
By: By:
Title: Date:
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ANDOVER ANORA RAMSEY
\ Building assets that lead to positive choices,
YOUTH FIRST
April 4, 2003
The Honorable Mike Gamache
Mayor, City of Andover
1685 Crosstown Blvd., N.W.
Andover; Minnesota 55304
Dear Mayor Gamache:
The City of Andover, has historically provided financial support to
the Northwest Anoka County Community Consortium (NWACCC)
for the Youth First initiative. The NWACCC is an organization
formed through a joint powers agreement between Anoka County,
cities of Andover, Anoka, Ramsey, and Anoka-Hennepin
Independent School District No. 11.
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In the past, the funding has gone to support projects that build
assets in youth and families. While grants generally fund specific
projects, the City of Andover's financial support has demonstrated
to outside funders that there is a strong local commitment to
Youth First. This ensures the viability of Youth First as well as the
continuation of the projects supported by the initiative.
As of April 4, 2003, the City of Andover has not made the $5,000
payment for the 2002 contribution. NWACCC is also requesting
the City of Andover to remit payment in the amount of $5,000 for
. - -fiscal year 2003 to fund the joint powers collaborative arid the. -
Youth First initiative. I want to thank you for your continued
support and commitment to the youth and families of Andover,
Anoka and Ramsey communities.
Respectfully Yours,
~~~)
Vickie Spindler, Chair
NWACCC
cc: John Erar, City Administrator
Youth First' 320 E. Main St.,' Anoka, MN 55303 ' Phone (763) 576.5800, Fax (763) 576-2727
E.mail: youthfirst@ties.mn.us ' Website: www.youthfirst.ws
Regular Andover City Council Meeting
\ Minutes - December 5, 2000
J Page 2
APPROVAL OF MINUTES
November 14, 2000, Special Council Workshop (Street/Utility Improvements to High School):
Correct as written.
November 14,2000, Special Council Workshop (Budget 2001): Page 4, second paragraph, middle,
change "They also require a $5 fee for parents to attend a program..." to "They also covered
a $5 fee for parents to attend a program..."
November 21,2000, Regular Meeting: Correct as written.
Motion by Jacobson, Seconded by Knight, the two Meeting Minutes on the 14th with the correction.
Motion carried on a 4- Yes, I-Present (Trude) vote.
Motion by Knight, Seconded by Jacobson, approval of the November 21 Meeting Minutes. Motion
carried unanimously.
Councilmember Jacobson stated Items 3-7 on the agenda refer to the proposed plat of Woodland
Creek Townhomes. He has asked the developer that his name be placed on the list to consider those
homes once they are built. He did not know if that would be a conflict of interest and would not vote
on those issues if it is. Attomey Hawkins did not believe it is a conflict of interest, as there is no
direct benefit and no financial interest in the development.
NW ANOKA COUNTY COMMUNITY CONSORTIUM/PRESENTATION/REQUEST
FUNDING/RESOLUTION OF ENDORSEMENT
Pastor Mark Hellmann, Andy Larson and Jan Pomeroy represented the NW Anoka County
Community Consortium for Youth First. Pastor Hellmann stated they have come to request the
community to renew the Youth First Agreement which supports the NW Consortium by Andover,
the City of Anoka and the City of Ramsey. After seven years, they feel Youth First is becoming
known in the community. With the expansion of their vision, it is necessary for them to put on a
part-time paid project coordinator. The county has generously provided funding for special
programs, as well as the school district with in-kind donations. They are asking Andover to add a
Youth First line item in the budget for $5,000. He also provided a list of projects and activities that
have been available to Andover youth and highlighted some of the items. The Cities of Anoka and
Ramsey have agreed to renew the agreement and to support them with $5,000 each. Both cities also
gave $5,000 in 1998.
Ms. Pomeroy explaincd the main things they have brought to the community through the schools,
faith community and businesses is their chamcter education program. They have frames l'IfOUIld the
community in the schools, churches and businesses with a tpeme each mqth of f\ c8fr Wl\ly ltmt
eV~fYone can adopt and to help the youth be successful. CotlncilmemlJer Trnp~ wopMreq if tq~
r?,ralf1 w<l\lld be eXflfillqed to those sC~901s outsjf!e ofthe 9ity put whe~'l1\Rft~Y~f ~~q~llf~ Ntelld.
he "!~D HI~~rsteg th~y Qt1 gjven a re~Rn Qf hm1' rlill1Y youtp an~ serve9111 AnqQy~rr. , . ,
Regular Andover City Council Meeting
, Minutes - December 5, 2000
:
Page 3
(NW Anoka County Community Consortium/Presentation/Request Funds/Endorsement, Continued)
Pastor Hellmann stated a program they are working on is for the youth who are in Lino Lakes or
other detention ccnters. The goal is to have a mentoring program to have a system in placc so when
they come back in the community they have a relationship with the churches in the area. Ms.
Pomeroy stated this is a pilot program in the Anoka cluster. The Anoka-Hennepin School District
is divided into four clusters. The students in District 15 are not included, but they do have a similar
program in St. Francis. However, their programs are open to any youth who come to their activities.
Councilmember Grttel suggested the City be given a copy ofthe organization's budget. If this is to
be a continuous request, a permanent line item should be added to the budget.
Ms. Pomeroy stated the City of Anoka serves as their fiscal agent. They will send a budget to the
City. Mr. Dickinson suggested the financial support be taken from the contingency fund. For this
year, it will be added to the 200 I budget which is to be approved at the next meeting.
Afotion by Jacobson, Seconded by Knight, endorsing this Resolution and the money related to the
funding. (Resolution R253-00) Moion carried unanimously.
APPROVE ORDINANCE NO. 270/ANTENNAS AND TOWERS
Mr. Carlberg stated the task force reviewed the comments made by Councilmember Jacobson and
the attorney for APT, Inc., and made changes as requested. Only one change recommended by
Councilmember Jacobson was not done. The Task Force felt strongly that the language should be
kept in regarding the number of additional towers on Page 6, Item 7, 2.. He thought Councilmember
Jacobson has agreed that the language should remain as well. There are no legal issues with the
ordinance as presented.
Page 4, Section 5, I Councilmember Jacobson suggested the item read "Church sites, when
camouflaged." He did not want to limit the means by which the towers or antennas could be
camouflaged. Council agreed.
Page 5, Section 5, 5: To read "Schools and public buildings, when camouflaged."
Councilmember Trude noted the concern of the attorneys for APT, Inc., that the ordinance is so
restrictive. The only place to put them in a residential district would be in a park, school site, church
or on utility poles. Mr. Carlberg stated the ordinance was written so they would not be allowed in
residential areas. APT, Inc., objected, but it is withm the City's control to require those sites.
Page 7, 2: Council agreed to change the third line "...structural engineer certifies in writing..."
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CITY OF ANDOVER
\ COUNTY OF ANOKA
j STATE OF MINNESOTA
RES. NO. 253-00
RESOLUTION EXTENDING THE
NORTHWEST ANOKA COUNTY COMMUNITY CONSORTIUM
(CONTRACT #2000-174)
WHEREAS, the Anoka County Board of Commissioners on May 23, 1995, approved,
contingent upon approval by the Intergovernmental and Community Relations Committee, a
Northwest Anoka County Community Consortium Joint Powers Agreement; and,
WHEREAS, the Intergovernmental Committee on May 25,1995, gave final approval to
the Joint Powers Agreement between Anoka County, the Cities of Andover, Anoka and Ramsey,
and Anoka-Hennepin School District #11 to create an organization to be known as Northwest
Anoka County Community Consortium; and,
WHEREAS, said agreement was to sunset on December 31, 1996, and could be renewed
for additional terms of two years each by resolution of all of the governing bodies of the parties
hereto, prior to the expiration date of December 31, 1996; and,
/
WHEREAS, said agreement was renewed by Resolution #96-162 with a sunset date of
December 31, 1998, and, by Resolution #99-7 with a sunset date of December 31, 2000; and,
WHEREAS, the Anoka County Board of Commissioners wishes to continue the
membership of the consortium of the Joint Powers Agreement:
NOW, THEREFORE, BE IT RESOLVED that the Anoka County Board of
Commissioners authorizes Contract #2000-0174, extending the agreement for a two-year period
expiring December 31, 2002.
Adopted by the City Council oftl1e City of Andover on this 5th day of December, 2000.
ATTEST: CITY OF ANDOVER
iLtu:.-- /J~L
Victoria V olk, City Clerk
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) CITY OF ANDOVER
\
1685 CROSSTOWN BOULEVARD N.W,. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.cI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrato~
FROM: Will Neumeister, Director of Community Development {ilL
David Berkowitz, City Enginee~
SUBJECT: Consider Developers Request to Study Extension of Sanitary SewerlHarstad Companies-Planning &
Engineering
DATE: May 6, 2003
INTRODUCTION
The City has recently received a letter from the Harstad Companies (attached) asking the City Council to study the
potential to extend the sanitary sewer (and watermain) up Crosstown Boulevard to serve their property.
DISCUSSION
The City staff met with Winslow Holasek to discuss a possible trunk sewer extending through his property and he
indicated that he would not allow a trunk sewer to be extended through his property. This is also explained in the
Harstad letter. They indicated that they had tried to work with Winslow Holasek to see if he would allow the sewer to
be extended across his property. They said he has made it clear that he does not intend to develop his property at this
time. City staff has told the Harstads that their request for a preliminary plat cannot be reviewed until they have
determined how they would get city services to their property. City staff suggested that there may be other alternatives
for extension of sewer (i.e. bringing it up Crosstown Boulevard), but a study is required to know if this is even feasible.
The need for the study is obvious, but how the costs would be paid is still something the Council would need to discuss.
The extent of this study will be much broader than just a simple calculation for size and depth. It needs to re-examine
the current sanitary sewer rates as defined in the 1999 sanitary sewer rate study and also the changes to sizing and depth
of several lines that may result in changes from running a new line up Crosstown Boulevard.
BUDGET IMPACT
The funding for this study could be a cost from a developer escrow and/or funded from the trunk sewer fund or funded
completely from the developer. Staff is recommending that the study costs be allocated in proportion to the areas
potentially served by the possible sewer extension.
ACTION REOUESTED
The City Council is asked to review the letter and provide direction to staff on the Harstad Companies request to
complete a study of sewer alternatives to serve the Harstad parcel on the south side of Crosstown Boulevard. Council
also is asked to provide direction on possible funding options and cost share if the study would move forward.
Respectfully submitted,
Will N2V~ David Berkowitz
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Attachments:
Letter from Harstad Companies
Location Map
Cc: Paul Harstad, Harstad Companies, 2195 Silver Lake Road, New Brighton, MN 55112
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Harstad Companies
Construction - Real Estate - Development
2195 Silver Lake Road - New Brighton, Minnesota 55112
Office (651) 636-9991 - Fax (651) 636-3422
April 15, 2003 RECEIVED
APR 1 6 2003
Attn: Mr. Will Neumeister, Community Development Director
City Council ctTY OF ANDOVER
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Request for Sewer Study
Dear Councilmembers:
Harstad Companies owns approximately 33 acres south of Crosstown Boulevard and west of
Burlington Northern railroad. This property is located in a Transitional Residential District, and
is staged for sewer service between 2000 and 2005. We have contacted the property owner to the
south, Winslow Holasek, about extending sewer service through his property. He has made it
clear both to us and to City staff that he does not intend to develop his property at this time.
On March 10, 2003, Harstad Companies submitted a sketch plan application and a rezoning
request (from single family rural to single family urban) for our 33-acre parcel. City staff made it
clear that the extension of sewer service is of primary concem, and must be addressed before our
proposed development can be scheduled for a public hearing.
Since we have reached this impasse with the southerly neighbor, City staff has suggested there
may be other alternatives for extension of sewer, but a study is required. Consequently. we are
respectfully asking the City Council to authorize a study for the extension of sewer to this area of
town. We look forward to working with staff, neighbors, and everyone involved to come up with
a mutually beneficial solution to meet the City's infrastructure needs.
Respectfully Submitted,
B/f~
Paul Harstad
/ Harstad Companies
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, \ CITY OF ANDOVER
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1685 CROSSTOWN BOULEY ARD N.W.. ANDOYER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.C1.ANDOYER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administratoqi.
FROM: Will Neumeister, Director of Community Development I{/L
SUBJECT: Consider Property Owners Request/Expand MUSA to Allow Sewer
Extension/Boyum Family -Planning
DATE: May 6, 2003
INTRODUCTION
The City has recently received a letter from the Boyum Family (attached) asking the City Council to
consider allowing the expansion of the Metropolitan Urban Services Area (MUSA) to enable their
property to be developed.
DISCUSSION
The letter explains this is so that they may develop upwards of approximately 60 buildable acres
/ located north of 16151 A venue. The parcel was included in the Rural Reserve Area, however the
Metropolitan Council staff and local representative have indicated that this would be look upon
favorably by them. The Boyum Family letter indicates that they are having a wetland delineation
done to determine the amount of buildable land out of the eighty acres that they own.
Again, the Metropolitan Council staff has indicated that this type of request would be looked upon
favorably because it would allow development with full city utilities.
ACTION REQUESTED
The City Council is asked to review the Boyum's letter and provide direction to staff on the Boyum
Family's request on whether there is support to extend utilities to their property and expand the
MUSA in the near future.
Respectfully submitted,
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Will Neumeister
Attachments:
Letter from Boyum Family
, Location Map
Cc: Boyum Family 1101 16ls1 Avenue, Andover, MN 55304
, . .,
April 22, 2003
'.
/ Reference: Boyum Family Farm
Andover City Hall
1685 Crosstown Boulevard NW
Andover, MN 55304
Care of:
Mayor, Mike Gamache
Council Member Ken Orttel
Council Member Don Jacobson
Council Member Julie Trude
Council Member Mike Knight
City Engineer, Dave Berkowitz
City Planner, Courtney Bednarz
Community Director Will Neumeister
Dear Mayor of Andover & Andover City Council Members,
We are writing in reference to the development of the Boyum Family Farm (please see
attached legal description) located at: 1101 161 st Ave NW - Andover, MN 55304.
It is our goal to develop the buildable acreage within this 80 acre parcel. We would also like
: the development to be moved within the MUSA boundary to allow connection to City sewer
and water. It is our understanding to obtain this goal we would like to request following:
First, we are requesting that all buildable land located within parcel to be considered as part of
the 88 acre rural reserve area within the city of Andover currently under review by the Met
Council. We estimate that the parcel contains approximately 60 acres of buildable land. At
this time, a wetland delineation is being performed to determine the exact amount of land that
is buildable.
Second, upon your approval of the above consideration we would request that the acreage be
moved inside the MUSA boundary to be considered for city infrastructure.
We thank you for your time and consideration of these matters.
Sincerely,
The Boyum Family
1101161stAveNW
Andover, MN 55304
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~ . . Page 2 April 22, 2003
Attachment #1 :
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.. Legal Description of Boyum Family Farm:
Property Address: 1101161sl Ave NW-Andover, MN 55304
Acres: 70.87
THAT PRT OF NE1/4 OF SEC 14 TWP 32 RGE 24 LYG WLY OF WLY RJW OF BN R1R, EX
W 300 FT OF S 363 FT THEREOF, ALSO EX THAT PRT DESC AS FOL: BEG AT NE COR
THEREOF, TH S ALG SO RJW LINE 5 28 FT, TH W 49.5 FT, TH N 528 FT +OR- TO N LINE
OF SO 1/4, TH E ALG SO N LINE TO POB, ALSO EX THAT PRT OF S 325 FT OF SO 1/4
LYG WLY OF WLY RJW LINE OF BN R1R & LYG ELY OF FOL DESC LINE: COM AT SW
COR THEREOF, TH S 88 DEG 40 MIN 45 SEC E (ASSD BRG) ALG S LINE THEREOF
810.81 FT TO POB OF SO LINE, TH N 1 DEG 32 MIN 33 SEC E 325 FT TO N LINE OF S
325 FT THEREOF & THERE TERM, EX RD SUBJ TO EASE OF REC
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Boyum Property
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Project Location Map w--<r.
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._ ,j Andover Planning
T- 5.1.03
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~ 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
CC: John Erar, City Administratorf
FROM: Will Neumeister, Director of Community Development trllv....
SUBJECT: Consider Request from Woodland DevelopmentlMUSA Swap-Planning
DATE: May 6, 2003
INTRODUCTION
At the April 15, 2003 Council meeting, the City Attorney was asked for his opinion regarding the
ability to cross a five acre tract designated as Agricultural Preserve with utilities and streets. This
would be necessary to allow urban development on the forty acre tract that Woodland Development
would like to develop. The attorney has responded with an e-mail (attached) explaining that the
City could allow the streets and utilities to cross the property, but there could not be any
assessments to the lands in Agricultural Preserve.
To repeat what was requested at the April 15, 2003 meeting, Mr. Byron Westlund, Woodland
Development Corporation, has submitted a request to the City Council to consider swapping a 40
acre parcel that is currently in the Metropolitan Urban Services Area (MUS A) with a 40 acre parcel
that is not. The parcel is also in the Rural Reserve Study Area. The letter is attached that explains
the request in detail and the 40 acre parcels they would like to swap are shown on the attached map.
DISCUSSION
The City Staff have discussed the letter and found that there are number of issues that need to be
discussed by the Council regarding this request before staff commits additional time:
The first issue that the Council needs to consider is why would the City want to entertain this
request. The land that Mr. Westlund would like to swap is already within the MUSA? The
timing and phasing plan of the current Comprehensive Plan provides for a logical progression
of the growth areas over the next twenty years. This change will require a Comprehensive Plan
Amendment to be processed.
Second issue is that this will take time to conduct a technical study by staff to determine if this
will even be possible from a number of different development perspectives. Staff feels that
considerable time may need to be spent to study this issue and an escrow should be paid by the
developer before this is done.
,
The other issues that surfaced in a brief discussion on this included the following:
\ . How can utilities and streets be extended across land that is in the Agricultural Preserve?
/ (City Attorney will need to be involved in this answer)
. The land would have only one way in and one way out. The public safety and emergency
personnel have indicated they do not approve of this type of single access development
plan.
. The water service that would be . extended into the 40 acre tract would potentially have
poor water quality and in the event of a watermain break, the entire tract could be out of
water until the main was repaired, which is a Fire Department concern.
. Modifications would need to be processed to the Comprehensive Plan and potentially the
Rural Reserve Area. There would need to be final approvals to these planning documents
by the Metropolitan Council.
. The changes to allow the new 40 acre area to be developed would be a rather large
surprise to the residents of Nightingale Estates and Wittington Ridge, since the issue of
developing the area to the west was discussed about 15 months ago when the
Comprehensive Plan was adopted.
. If Council concurs with this request, staff recommends a $2,500 escrow to allow time
spent in studying the ability to swap the land, to be charged against that escrow.
Further, staff recommends that in the event that the Council decides that these lands could be
swapped, the developer should be made responsible for acquiring the easements necessary to cross
the land in question and bear all assessments that would result. This is due to the fact that the land
in Agricultural Preserves cannot be assessed, as indicated by the City Attorney.
ACTION REQUESTED
The City Council is asked to review the letter and provide direction to staff on Mr. Westlund's
request.
Respectfully submitted,
"'
kd/ A~~
Will Neumei~
Attachments:
Letter from Mr. Westlund
E-mail from City Attorney
Location Map
Cc: Byron Westlund, 13632 Van Buren St. NE, Ham Lake, MN 55304
-2.-
\
)
RECEIVED
March 28, 2003 . MAR 2 8 ,.(,~n
It . il...'~_:j
Mr. Will Neumeister CITY OF ANDOVER
Director of Community Development
CIlY OF ANDOVER
1685 Crosstown Boulevard
Andover, MN 55304
RE: RURAL RESERVE
Dear Mr. Neumeister:
On Tuesday, March 25, 2003, Ken Slyzuk and I met with you and Dave Berkowitz, city engineer. In that
meeting we proposed a change to the rural reserve by way of a land swap. The following is an outline of
our discussion:
Attached is Exhibit B which identifies two 4O-acre parcels of land.
PARCEL A
This parcel is currently owned by the Slyzuk family and is included In the MUSA boundary and has been
excluded from the rural reserve. This parcel is not In ag preserve. It is our understanding that this 40
acres, which is to be confirmed by Dave Berkowitz, has been included in calculations for sanitary sewer
capacity and flow.
PARCEL B
This parcel is currently included as part of the proposed rural reserve. The property is outside of the MUSA
service area. It is not in ag preserve and would be able to be serviced with sanitary sewer through a small
lift station through the Woodland Estates Fourth Addition, which includes the Pinewood trunk sewer
extension.
. '
It is the proposal of the Slyzuk family and Woodland Development that we exchange Parcel A for Parcel B.
In this exchange Parcel Awould be included in the proposed rural reserve as not to affect the 1.000 acres
that has been current1y under consideration by the city of Andover. This parcel would also be taken out of
the MUSA boundary line and would be put into the 2020 MUSA expansion.
We would then include Parcel B through a request from Woodland for a Comp Plan amendment requiring
approval by the city council to be included in the MUSA boundary for future development in the year 2004
and beyond. It is our intent to exchange 40 acres for 40 acres so nothing would be added or taken away
from anything that is either currently existing or under proposed consideration.
In our meeting on the 25th, we outlined three areas of concem, which I believe will have no negative impact
to the city for MUSA expansion and/or its consideration of rural reserve. By swapping the two parcels, we
are not adding any capacity or flow to the existing sanitary sewer system of the Pinewood trunk. In our.
preliminary design and sketch we are looking at approximately 100 lots in Parcel B and the existing fIVe
acre parcel adjacent to the west boundary of Woodland Estates Fourth. A lift station could be used in this
-3-
13632 Van Buren St. NE Ham Lake, Minnesota 55304 (763) 427-7500 FAX: (763) 427-0192
www.woodlanddevelopmentcorp.com
Mr. Will Neumeister
. March 28, 2003
Page 2
,- '\ area to service those approximately 100 units. If staff and council agree to this type of swap, this parcel of (
/
land could be looked at for possible development in the year 2004.
A second issue that was discussed at our meeting was whether or not there was a legal opinion for
crossing ag preserve land with pipes and roads. The five acre parcel is currently In ag preserve and would
not be removed from that classification until the year 2010. Can we legally cross this ag preserve land with
pipes and roads in order to servic'e this 40 acres known as Parcel 81 It is our opinion that we have already
set precedent for this as there was a small strip of ag preserve on the southerly boundary in Woodland
Estates Second Addition which we crossed with streets, sanitary sewer mains, water mains, storm sewer
and utilities (telephone, cable lV, natural gas). This small strip of land was also included as part of the lots
that were along the southern line of Woodland Estates Second Addition. There have been no ramifications
for this from either the county or the state. We believe this issue has been addressed.
The third issue that was discussed in our meeting was whether or not members of the fire and safety
committee would be comfortable in approving a plat that basically has one entrance in and one entrance
out if development were allowed on Parcel 8. Please remember that this is a temporary concern. As you
know, property owners to the west of WOOdland Estates Second, Third and Fourth Additions have begun
removing their properties from the ag preserve classification. The rural reserve study proposes to bring a
sanitary sewer main line up from Bunker Lake Boulevard through Woodland Creek Golf Course and
continue through one of the proposed. Area One- rural reserves. The future development will attach or
abut to Parcel B and would extend roadways and access points as development begins in this area. I
would also like you to note that there are other areas in the city of Andover that can be identified as having
only one ingress and egress. One particular area is immediately to the e~st of the Woodland Creek Golf
Course. There are also areas within the Shadowbrook development on the east side of the city of Andover.
\ At one point there was an extremely long street from the Chesterton Commons area, which we ended up
/ connecting to on the southerly end of Woodland Oaks. This would be a similar situation where Parcel 8 I,
would be developed with street accesses for future subdivisions to connect to. This can be worked through
with city staff and city council.
We ask that you present this to city council at your earliest convenience. We thank you for the meeting
that was held on Tuesday, March 251h and for your input and suggestions and look forward to working with
you in the future on projects such as these.
bma
Enclosure
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. Page 1 of I
.'l
Will Neumeister /U{;' I I II
()n1~-rS' e - hfar'
From: HawkLaw1@aol.com
" Sent: Friday, April 25, 2003 10:53 AM
/ To: WNeumeister@ci.andover.mn.us
Subject: Email sent to John re: ag
John,
At the last council meeting the mayor asked that we submit in writing the restrictions that Minnesota law imposed
on assessing agricultural preserve land for public improvements.
Under Minnesota Statute 473H.11, the law states that public sanitary sewer, water, storm sewer, roads and other
public improvements built on, adjacent to, or in the vicinity of agricultural preserves after August 1, 1993, are
deemed of no benefit to the land and buildings in the agricultural preserve. Therefore the city could not levy
assessments for such improvements if they were constructed.
Bill Hawkins
5/1/2003
-6-
A
@
\ CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrator~f'
FROM: David D. Berkowitz, City Engineer
SUBJECT: Authorize Expenditure/03-19/Cleaning of County Ditch 57-Branch No.5-
Engineering
DATE: May 6, 2003
INTRODUCTION
Mr. Slyzuk has requested that the City clean/dredge the County Ditch 57-Branch No.5 south of
14lst Avenue. The funding to clean/dredge County Ditch 57-Branch No.5 has not been included
in the 2003 budget.
DISCUSSION
After the request was made, staff met with Mr. Slyzuk and Tim Kelly of the Coon Creek
Watershed District (CCWD) to discuss the cleaning of the ditch. Because the ditch is in the
jurisdiction ofCCWD staff requested that the watershed clean the ditch. Mr. Kelly stated that the
district did not have any funds at this time to complete the requested work.
Staff also began to solicit quotes for ditch cleaning. As staff evaluated the condition of the ditch it
became evident that more work would be required. Several trees have grown over the years and
will need to be removed as part of this ditch cleaning. Staff would like to meet with the residents
affected by this work so they are informed of the plan. This will require a neighborhood meeting
on site with each resident. The cost of cleaning the ditch and removing the trees is approximately
$5,000 to $7,000.
Mr. Slyzuk submitted to staff a supplemental agreement the city has with the Slyzuk family
regarding the maintenance of the ditch (see attached agreement). This agreement states the City is
responsible for maintaining the storm water drainage ditch to the same condition that it was at the
time the easement was granted. It also states that the grantor (Mr. Slyzuk) agrees to remove all
spoil resulting from the ditch cleaning operations.
If the Council approves this expenditure staff would like to schedule a neighborhood meeting in
mid to late May and commence the work soon after.
BUDGETIMPACT
The most logical funding source would be from the storm water utility if one is approved.
Otherwise the funding would be from the general fund (storm sewer budget).
.
..:
Mayor and Council Members
May 6, 2003
, Page 2 of2
,
ACTION REQUIRED
The City Council is requested to authorize expenditures for Project 03-19, Cleaning of County
Ditch 57-Branch No.5.
~OP-t
David D. Berkowitz
FROM: SLYZUK FAX NO. : 7548703 Apr. 28 2003 12:24PM P2
-"V'" I. ( r
1, SUPPLEMENTAL AGREEMENT
. :
This agreement is made to complement the easement grant
executed by Kenneth L. Slyzuk and Mary A. Slyzuk, husband and wife,
and. ~~e City of Andover, a municipal corporati:n, da~ed ~. ,19-1-8
_.. J..,_
The City of Andover agrees that it will be responsible
I
for maintaining the storm water drainage ditchAwhich is a part of
\. .
the easement grant to the same condition that it was ai'the time
. .
. "
, of the execution of said grant. That said maintena~ce shall include
the removal of fallen trees and brush which shall lie across or in
said di.tch.
The City Engineer shall determine the initial elevation
profile of the drainage ditch. The ditch shall be cleaned and the
sediment removed at such time as the ditch elevation profile exceeds
/ the initial profile by one ~oot in elevation. The City Engineer
, shall periodically inspect and su~ey the ditch to determine when
the ditch req~res cleaning in accordance with the above ~tandards"
The City-Engineer will ,consult with the grantors prior to performing
! " , - .-.' ~.
said inspection.
The grantors agree that.the control of the culvert control
.
!. " qate which i8 10cated under 1.4lst AY'enue shall. be their responsibility,
, and furthermore, they agree.to ,assume all responsibility and liability
for any damage caused on their property as a result of their con-
trolling, said flow. The grantors further agree that the removal
,.., of all sp~il resul.ting froD the ditch cleaning operations shall
be their responsibility "_ .
. . A/' f .1:' /.7
CJ:TY OF ANDOVER ~ . q....-:~.,Z.t:. " ('" ?~~
. ~ UIJ ./1 '4 Kenneth L. Slyzuk /.Jf
By. t. M; .~'" CfIa'1 /7~' ~
'. yor 1171- CA, Jh
a ary . Slyzuk
ATTEST" \
_ ~""'.l
APR 28 2003 13:28 7548703 PAGE. 02
(39
CITY OF ANDOVER
, 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City AdministratofU
David D. Berkowitz, City En . neer .oDD
FROM: Todd J. Haas, Parks Coordinator
SUBJECT: Consider Ordering Plans & Specs/03-1/Prairie Knoll Park - Engineering
DATE: May 6, 2003
INTRODUCTION
The City Council is requested to order the improvement and direct preparation of plans and
specifications for Project 03-1, Prairie Knoll Park.
DISCUSSION
This park improvement is identified in the 2003 CIP. The Park & Recreation Commission has
"- spent the past 6 months reviewing different layouts of the park with the residents, football and
soccer associations. The Park Commission at their last meeting of April 17th recommended Plan
B, which is included in your packet for review. The recommended improvements that will be
included are as follows:
- Regrading of the site to accommodate 2 new full size football/soccer fields, 2 new
gravel parking lots (1 at the north end and 1 at the south end of the park), bituminous
trails and basketball courts
- New well and irrigation system for the 3 fields and adjoining areas
- New septic system
- New concession/restroom/storage building. The storage is anticipated to be for football
and soccer.
Note: Staffwill be working with the Building Department to obtain quotes for the installation of
the septic system and portions of the new concession/restroom/storage building such as the
electrical work and other items in regard to the construction of the building if volunteers
are not able to do the work needed. If the City Council recalls, the Andover Football
Association is looking to construct the building with volunteers and donations of materials
including some cash donations. A preliminary copy of the floor plan is included in the
packet for review.
Two resolutions are recommended for approval. The first resolution, City staff will be preparing
the plans and specs for grading the site.
Mayor and Council Members
May 6, 2003
Page 2 of2
'.
The second resolution is for the preparation of plans and specs for the irrigation system and
construction of a new well. Anderson-Johnson Associates, Inc. (AJA) has submitted a proposal
for the design of the irrigation system and well for a fee not to exceed $8,000.00 (to be funded
from Park dedication). AJA designed the system at Shadowbrook East Park and staff was very
satisfied with the design.
Note: Although the irrigation system and well are proposed to be part of Phase II, City staff is
recommending the plans and specs. for these improvements be ordered now so that when funds
become available, the project could be immediately bid.
BUDGET IMP ACT
This park improvement is identified in the 2003 CIP and is proposed to be funded by the Park
Improvement Fund. $367,000 was identified in the 2003 CIP in addition to the $10,000 from
the 2003 Annual Miscellaneous Project Fund.
Note: A preliminary construction estimated for construction is as follows:
. Prairie Knoll Park with gravel parking lot only - $557,410.00. This is about $190,410.00
over budget.
. Prairie Knoll Park with bituminous parking lot with concrete curb & gutter -
$678,363.00. This is about $311,363.00 over budget.
Some of the increase is the additional storm sewer that is necessary due to the recommended
layout, adding additional parking both at the north and south ends of the park, increasin& the
smaller anticipated fields to full size soccer and football fields as requested by the soccer and
football associations. Also, a berm between 146th Lane NW and the parking lot has been
requested by the resident across from the south end of the park to block vehicle headlights from
shining on their home.
If the City Council approves the layout, the associations have indicated they would like to start
constructing the building this spring. Some funding will be necessary to pay for some of the
construction of the building but at this point staff is not exactly sure as to the amount that is
needed, as the associations are still working on getting donations and volunteers to help build the
structure. Attached, for your review, is the Finance Department Park Improvement Fund Project
Commitment Listing of April 30, 2003. Finance will walk the Council through the report at the
meeting.
ACTION REQUIRED
The City Council is requested to approve 2 resolutions ordering the improvement and directing
preparation of plans and specifications for Project 03-1, Prairie Knoll Park.
~Cd'
Todd 1. aas
cc: Jim Lindahl, Park & Recreation Commission Chair
Chuck Trom, Andover Football Association
Steve Frietag, North Metro Soccer Association
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 IMPROVEMENTS OF GRADING, PARKING
LOTS, BITUMINOUS TRAILS & BASKETBALL COURT FOR PROJECT NO. 03-1 ,
PRAIRIE KNOLL PARK.
WHEREAS, the City Council is cognizant of the need for the park improvements;
and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of Prairie Knoll Park, Project 03-1; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the ~
Enqineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 6th day of Mav , 2003 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: v'
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
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 IMPROVEMENTS OF AN IRRIGATION
SYSTEM AND CONSTRUCTION OF A NEW WELL FOR PROJECT NO. 03-1 ,
PRAIRIE KNOLL PARK.
WHEREAS, the City Council is cognizant of the need for the park improvements;
and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of Prairie Knoll Park, Project 03-1; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of
Anderson -Johnson Associates. Inc. to prepare the plans and specifications for such
improvement project.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 6th day of Mav , 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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CAPITAL PLAN 2003 thru 2007
City of Andover, MN
Project # 03-45201-01
Project Name Prnirie Knoll Park
Type Improvement Priority 1- High " .- -~ "" ~ ' ""-
-.. ....::,;;....;i-..;;:.j.~""'~~ ---
Useful ure 25 Years Contact Todd Haas
Category Park Improvements Department Parks & Recreation-Projects >:>!t.'li~ ~~.-~'---~
Total Project Cost
5367,000
Description -\
Reconstruct and add to the existing gravel parking lot at the south end of the park and bring it in conformance with City standards. In addition,
construct a new parking lot at the north end of the park and eliminate the existing parking tot on the east side near Prairie Road. The improvement
may need to include concrete curb and gutter, an asphalt surface, stonn sewer improvements and restoration. Also construct a new building with
storage, concessions, and bathrooms. Install an irrigation system for entire facility. New playground will be necessary for ages 2-12 years old.The
project includes the construction of a warming house, construction of a well w/pump and controls. installation of irrigation for the soccer and ball
fields, playground equipment for children 2-5 years of age and bleachers for sporting spectators.
Storage buildinglbathrooms/concessions _ $50.000; Drill Well w.l pump & contr01s - SlOO.OOO; septic system - $7,500; construct 3rd soccer
field(inc1udes restoration) _ 535,000; construct new I large and I small parking lot - S50,OOO; Irrigation for 3 fields - $50,000; Playground
Equipment _ S50,OOO; Bleachers with concrete pads _ SI5,OOO; Soccer goals(3 sets) - S6,OOO; security light - 52.500; park signage and landscaping-
SI,OOO.
Justification I
Prairie Knoll Park was partially developed in 2001 to include 2 new soccer fields. It is anticipated that the existing and new parking lot will need to
be upgraded to provide the necessary parking and to bring it into compliance with City standards due to the anticipated use by the associations for
both soccer and football. With the construction of2 new soccer fields in 2001 and 1 in 2003 within the park, it will necessitate the need for goals
for the fields. Also, since the park is considered a regional city park, a new storage building with concessions and bathroom facilities have been
recommended. The park would be used primarily for soccer and football.
This oroiect has been recommended bv the Park and Recreation Commission.
Expenditures 2003 2004 2005 2006 2007 Tolal
Improvement 367,000 367,000
Total 367,000 367,000
Funding Sourees 2003 2004 2005 2006 2007 Tolal
Pari< Improvement Funds 367,000 367,000
Total 367,000 367,000
Operational Impact/Other 1
Additionallong-tenn maintenance and ultimately replacement will be necessary.
50
Preliminarv Cost EslimaIP.: Prairie Knoll Park with Gravel parkina . ~';>-I
- ~
n=xce('t hockey rink)
ITEII DESCRIPTION QUANTITY UNIT UNIT AMOUNT
NO. PRICE
!ifI&.WQBK
1 COMMON EXCAVATION 11500 C.Y $ 6.50 $ 74.750.00
2 COMMON EXCAVATION TO ACCOMMODATE LATEST REVISION 1500 C.Y $ 6,50 $ 9.750.00
3 a.ASS 5 GRAvel (100% CRUSHED) 2400 TON $ 15.00 $ 36.000.00
8 2.S- BITUMINOUS WEAR (tail) 510 TON $ 40,00 $ 23,460.00
9 12" RCP STORM SEWER (soolh parldng) 56 LF. $ 55,00 $ 3.080.00
10 15" RCP STORM SEWER (soolh paI1<ing) 121 LF. $ 55.00 $ 6.665,00
11 18' RCP STORM SEWER (soolh paI1<ing) 133 LF, $ 55.00 $ 7.315.00
12 12" RCP STORM SEWER APRON (soulhparldng) 2 EACH $ 1,000.00 $ 2,000.00
13 CATCH BASIN TYPE 401 (soulhparldng) 3 EACH $ 1,800.00 $ 5.400.00
14 RIP RAP AT FES (soulh paI1<ing) 5 C,Y $ 100.00 $ 500.00
20 REM I DISP. CULVERT 30 LF. $ 5.00 $ 150.00
23 TRANSPlANT 6"-8" OIA. TREE 5 EACH $ 250.00 $ 1.250.00
2' CLEAR AND GRUB 3 EACH $ 250,00 $ 750.00
25 SILT FENCE INSTAllED 1000 S.Y $ 2.00 $ 2.000,00
26 TREE PROTECTION FENCING 300 S.Y $ 250 $ 750.00
27 SEED. MULCH & FERr. M SPECIAEO 6 ACRE $ 1.500.00 $ 9,000.00
28 PRO TURF SEED 3.5 ACRE $ 2.500.00 $ 8,750_00
29 STRAW FIBER BlANKET AT FES 3500 S'I $ 1.75 $ 6.125.00
32 RETAINING WAU. 650 S.F. $ 2200 $ 14,30(loo
33 FENCING FOOR SUOING HILL AND EAST FOOTBAlL I SOCCER RELD 550 S.F. $ 15.00 $ 8.250.00
34 BASKETBALl HOOPS 2 EACH $ 1,000.00 $ 2,00000
'\ 35 BUILDING CONSTRUcnON ( LOW? ) 1 LS $ 50,000.00 $ 50,000.00
; 36 WELL AND IRRIGATION FOR FIElDS ( LOW? J 1 LS $ 150,000.00 $ 150.000.00
37 PlAY GROUND EQUIPMENT 1 LS $ 50,000.00 $ 50,000.00
38 SOCCER GOAlS J FOOTBAlL GOAlS 6 EACH $ 2,667.00 $ 16.002..00
39 SECURITY LIGHTS , LS $ 10,000.00 $ 10.000,00
40 BUDGET FOR PARKSlGNAGE & LANDSCAPING 1 LS $ 1.000.00 $ 1.000.00
41 SEPTIC SYSTEM 1 LS $ 7,500.00 $ 7.500.00
ESTIIIATED CONSTRUCTION COST $ 508,131.00
CONTINGENCY (10%) $ 50,813.70
TOTAL ESTlIlATED $ 557,.410.10
CONSTRUCTION COST
CAATAL PLAN BUDGET $ 367,000.00
DEFICIT $ 190,410.70
~.
--.- -
Preliminarv Cost Estimate f 'Dine Knon Park with AsDhatt oarkina
(Excect hocke'l rink) ...19'
ITEII DESCRlPTJON QUANTITY UNIT UNIT AIIOUNT
NO. PRICE
~
1 COMMON EXCAVATION 11500 C.Y S 6.50 S 74.750.00
;
2 COMMON EXCAVATION TOACCOMMOllATING LATEST REVISION 1500 C.Y S 6.50 S 9,750.00
3 ClASS 5 GRAva (100% CRUSHED) 2400 TON S 15.00 S 36.000.00
4 1.5"' BITUMINOUS BASE (pa:r1ting lot) 660 TON S 44.00 S 29.040.00
7 1.0" BITUMINOUS WEAR (pa11<ing lot) 445 TON $ 44,00 S 19,580.00
8 2.5" BITUMINOUS WEAR (tail) 510 TON S 46.00 S 23.460.00
9 12" RCP STORM SEWER (souIt1 pa11<ing) 56 LF. S 55,00 S 3.08000
10 15" RCPSTORM SEWER (souIt1_) 121 LF. S 55.00 S 6.655.00
11 18' RCP STORM SEWER (souIt1_) 133 LF. S 55.00 S 7.315,00
12 12" RCP STORM SEWER APRON (souIt1 pa11<ing) 2 EACH S 1.000.00 S 2.000,00
13 CATCH BASIN TYPE 401 (souIt1_) 3 EACH S 1,800.00 S ~,400.00
t4 RIP RAP ATFES(norlh_) 5 C.Y S 100,00 S 500.00
15 12" RCP STORM SEWER (norlh_) 115 LF. S 55.00 S 6,325.00
16 18' RCP STORM SEWER (n<<1h pa11<ing) 133 LF. S 55,00 S 7,315.00
17 15' RCP STORM SEWER APRON (norlh_) 1 EACH S 1.200.00 S 1.2DD,00
18 CATCHBASlN iYPE401 (n<<1h_) 3 EACH S 1.80l1oo S 5.400.00
19 RIP RAP ATFES(souIt1 porldngl 5 C.Y S 100,00 S 500.00
20 REM I DISP. CUlVERT 30 L.F. S 5.00 S 150,00
21 8612 CONCRETE CURB & GUTTER 2261 L.F, S 12.00 S 27.132.00
22 4- CONCRETE 2215 S.F. S 5,00 S 11,075.00
23 TRANSPlANT 6"- tr DIA TREE 4 EACH S 250,00 S 1,000.00
24 ClEAR AND GRUB 3 EACH S 250,00 S 750.00
, 25 SILT FENCE INSTAllED 1000 S,Y S 2.00 S 2.000.00
26 TREE PROTECTION FENCING 300 S.Y S 2.50 S 750.00
"ZT SEED. MULCH & FERT. /IS SPECIFIED 6 ACRE S 1.500.00 S 9,000.00
28 PRO TURF SEED 3.5 ACRE S 2.500.00 S 8.750.00
29 STRAW ABER BlANKET 3500 SY S 1.75 S 6.125.00
30 WHITE"- STRIPING 3150 LF. S 0.60 S 1.890.00
31 WHITE HANDICAP STAll MARKlNGS 5 EACH S 150.00 $ 750,00
32 RETAINING WALL 650 S.F. $ 22.00 $ 14.300.00
33 FENCING FOOR SLIDING Hili AND EAST FOOTBAlL I SOCCER. FIElD 550 S.F. S 15.00 S 8.250.00
34 BASKETBALl HOOPS 2 EACH $ 1.000.00 $ 2.000.00
35 BUILDING CONSTRUCTION ( LOW? ) 1 LS S 50.000.00 S 50.000.00
36 WB..lANO IRRIGATION FOR AaoS ( lOW? J 1 L.S $ 150,000.00 $ 150.000.00
37 PLAY GROUND EQUIPMENT 1 l.S $ 5O,oeXlOO $ 50.000.00
38 SOCCER GOAlS I FOOTBAlL GOAlS 6 EACH $ 2.607.00 S 16,002..00
39 SECURITY LIGHTS 1 L.S S 10,000.00 $ 10.000.00
40 BUDGET FOR PARK SlGHAGE & lANDSCAPING 1 l.S S 1.000.00 $ 1.000.00
41 SEPTIC SYSTEM 1 L.S S 7.500.00 S 7.500.00
esnMATED CONSTRUCTION COST $ 118.nl.DO
CONt1NGENCY (10%) $ '1,689.40
TOTAL ESTIMATED $ 678,363AO
CONSTRUCTION COST
CAPn'AL PLAN BUDGET $ 387.000.00
DEFICIT $ 311,363.40
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CITY OF ANDOVER
)
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Schedule Council Workshop - Community Center Project
DATE: May 6, 2003
INTRODUCTION
The City Council met on April 29, 2003 to discuss issues relating to the Community Center project
and made the decision to approve the use of program model #1 that included the YMCA. As part
of that decision, the Council endorsed the concept that should a community center be constructed it
would include the YMCA. Several additional project issues were also discussed by the Council that
at this point remain unresolved, but will need to be decided in order for the project to continue its
forward momentum and meet anticipated project timeline targets.
DISCUSSION
, Subject to issues raised at the April 29, 2003 Council workshop, the proposed agenda for this
workshop is identified below:
1. Call to Order
2. Discuss and Approve Building Site Orientation/Outstanding Facility Design Items
3. Receive Report on Capital Campaign Efforts
4. Review /Discuss/ Approve City of Andover/YMCA Memorandum of Understanding for
YMCA Principles of Project Participation
5. Discuss and Approve Park Dedication Fee Contribution
6. Approve/Confirm Proposed Project Budget (Contingent)
7. *Discuss and Determine Project Financing Methodology
8. Discuss and Review Project Construction Timelines (Contingent)
9. Authorize Architect to Begin Schematic Design (Contingent)
10. Discuss Approval of the Community Center Project (Contingent)
11. Consider dates for Public Information Meetings
12. Other Business
ACTION REQUIRED
Schedule Council Workshop on the Community Center Project for Wednesday, May 14, 2002 in
City Council Chambers at 7:00 pm. Council to determine whether this meeting should be televised.
,
~. .J .
'\ I
) }:lhn . Era!
City Administrator
I
\
I
/
.-..... " Ci9'
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVERMN.US
TO: Mayor and Counci1members
FROM: John F. Erar, City Administrator
SUBJECT: Schedule Council Workshop - Community Center Project
DATE: May 6, 2003
INTRODUCTION
The City Council met on April 29, 2003 to discuss issues relating to the Community Center project
and made the decision to approve the use of program model #1 that included the YMCA. As part
of that decision, the Council endorsed the concept that should a community center be constructed it
would include the YMCA. Several additional project issues were also discussed by the Council that
at this point remain unresolved, but will need to be decided in order for the project to continue its
forward momentum and meet anticipated project timeline targets.
DISCUSSION
"
Subject to issues raised at the April 29, 2003 Council workshop, the proposed agenda for this
workshop is identified below:
1. Call to Order
2. Discuss and Approve Building Site Orientation/Outstanding Facility Design Items
3. Receive Report on Capital Campaign Efforts
4. Review /Discuss/ Approve City of Andover/YMCA Memorandum of Understanding for
YMCA Principles of Project Participation
5. Discuss and Approve Park Dedication Fee Contribution
6. Approve/Confirm Proposed Project Budget (Contingent)
7. *Discuss and Determine Project Financing Methodology
8. Discuss and Review Project Construction Timelines (Contingent)
9. Authorize Architect to Begin Schematic Design (Contingent)
10. Discuss Approval of the Community Center Project (Contingent)
11. Consider dates for Public Information Meetings
12. Other Business
ACTION REQUIRED
Schedule Council Workshop on the Community Center Project for Tuesday, May 13, 2002 in City
Council Chambers. Council to determine whether this meeting should be televised.
. ff' ~'?i'
#
Dear City Council-
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The following students support the Andover Skate
Park.
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Dear City Council- ort the Andover Skate
The following students supp . .
Park.
1. To~ etA 11 Ch.
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Dear City Council-
The following students support the Andover Skate
Park. (\
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Park The following students support the Andover Skate '
. 41
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Dear City Council- ~&.'j t~ ~~U
The following students su por he Ando er Skate
Park.
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW,CI,ANDOVER,MN,US
TO: Mayor and Council Members
FROM: John Erar, City Administrator
SUBJECT: Supplemental Agenda Items for May 6, 2003 Council Meeting
DATE: May 6, 2003
The City Council is requested to review the supplemental material for the following Agenda
Items:
Accept Additional Information under Consent Items
. Item 7. Approve Lot Split/838 Crosstown Blvd. (Supplemental) - Planning
The applicant is proposing to subdivide a rural property to create a new rural
residentiallot.
. Item 9. Accept Drainage & Utility Easement GrantJRural Reserve Trunk/03-2/Woodland
Creek Golf Villas (Supplemental) - Engineering
Submittal of the easement grant to the City Council for review and approval.
. Item ll. Award Bid/Streets & Utilities/02-49/Woodland Estates 4th Addition
(Supplemental) - Engineering
Adding contingencies to the resolution that must be taken care of by the developer
prior to awarding the contract to the low bidder.
. Item 15. Award Bid/Streets & Utilities/02-50/Maple Hollow (Supplemental) - Engineering
Adding contingencies to the resolution that must be taken care of by the developer
prior to awarding the contract to the low bidder.
Respectfully submitted,
0)
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W,. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW,CI.ANDOVER.MN,US
TO: Mayor and Councilmembers
CC: John Erar, City Administrat~~
Will Neumeister, Communi Development Director t.(/cIv--
FROM: Courtney Bednarz, City Plann~
SUBJECT: Supplemental- Approve Lot Split/838 Crosstown Blvd. - Planning
DATE: May 6, 2003
INTRODUCTION
The applicant is proposing to subdivide a rural property to create a new rural residential lot. The
property is located at the southwest comer of Crosstown Boulevard and Prairie Road.
DISCUSSION
The attached survey illustrates the proposed lot split. An existing house and detached accessory
building are located on Tract A. A new house will be constructed on Tract B. The proposed split
meets the dimensional requirements of Ordinance 8 as indicated in the table below:
R-l Tract A Tract B
Re uirements
Lot Width 300 feet 360.55 feet 5l4.79 feet
Lot De th l50 feet 523.17 feet 191.0 feet
Lot Area 2.5 acres 2.63 acres 2.5 acres
(l08,900 s. 114,73l s.f. l08,948 s.f.
Road Easements
It is important to note that road easements are included within the lot dimensions and area to help
the property to achieve sufficient size to meet the R-l Zoning District requirements. A road
easement is different from right-of-way in that easements sit upon privately owned property and
grant limited use of that property, in this case for road purposes. The underlying property owner
retains ownership and continues to pay taxes for this area of their property. Road easements do
not reduce the size of the underlying property and do not convey ownership to the City or Anoka
County. Therefore, road easements can be included in the lot dimensions and area when
determining the size of the properties.
Additional Road Easement
The Anoka County Highway Department requested a minimum of 60 foot wide half right-of-way
for Crosstown Boulevard. Presently the portion of the property adjacent to Crosstown Boulevard
has a 75 foot wide road easement at the intersection with Prairie Road which steps down to 50
feet approximately 213 feet west of the intersection. A separate easement document dedicating
an additional 10 feet of road easement has been provided. The legal descriptions and drainage
and utility easements for Tract A and B have also been adjusted accordingly.
Buildability
The Building Official has indicated that the proposed new property will be buildable.
Drainage and Utility Easements
The applicant has provided legal descriptions for drainage and utility easements. These
easements will be ten feet wide and located around the perimeter of both properties and outside
existing road easements. The applicant has provided an easement document to be accepted by
the City Council.
Sewer Staging Plan
The subject property is located within the 2020 Municipal Urban Service Boundary (MUSA).
Municipal utilities are projected to be available for the subject property in the 20l0-20l5 time
frame. Rural lot splits are permitted to occur within the MUSA, although only one lot split is
permitted every three years. The subject property will not be able to be subdivided again until
municipal utilities become available (or the minimum lot size in the R-l district is changed).
Staff will work with the future property owner to plan the location of the new house with the
potential future subdivision of the property in mind.
Park Dedication
Park dedication will be required to be paid for the new property in the amount of $2l5 5.
Trail Fee
A Trail fee in the amount of $523 will also be required to be paid for the new lot.
Access
Access to the new lot will be required to be provided from Prairie Road. The new access must be
located a minimum of 60 feet from the intersection of Crosstown Boulevard and Prairie Road.
Existing Structures
There is an existing house and detached pole barn located on Tract A. Both structures will meet
the R-l Zoning District building setbacks once the new property line is established.
It is important to note that the existing property will be reduced to less than three acres in size
with the lot split. Pole barns are not allowed to be constructed on properties less than three acres
in size (Ordinance 8, Section 4.05). The existing pole barn will become a non-conforming
structure as a result. Non-conforming structures are typically allowed to remain until they are
damaged beyond 50% of their assessed value, at which time they are required to be removed. No
expansion of the structure will be permitted in the interim.
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the proposed lot split.
-2-
ACTION REQUESTED
The City Council asked to approve the proposed lot split subject to the conditions listed in the
attached resolution.
Attachments
Resolution
Legal Descriptions
Easement Grant -City Drainage and Utility Easements
Easement Grant -County Roadway Purposes
Location Map
Property Survey
Cc: Sharon Thompson, 838 Crosstown Boulevard NW
-3-
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR SHARON THOMPSON
TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 838 CROSSTOWN
BOULEVARD NW (23-32-24-ll-00l8) LEGALLY AND DESCRIBED AS:
THAT PART OF THE NE 1/4 OF THE NE l/4 OF SECTION 23 TOWNSHIP 32 RANGE 24,
ANOKA COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: BEGINNING AT THE NE
CORNER OF SAID 1/4, 1/4, THENCE SOUTH 58 DEGREES 52 MINUTES 30 SECONDS
WEST ALONG CENTERLINE OF CSAH NO l8 (ALSO KNOWN AS CROSSTOWN BLVD
NW) 6l3.86 FEET, THENCE SOUTH 3l DEGREES 07 MINUTES 30 SECONDS EAST
268.49 FEET, THENCE SOUTH PARALELL WITH EAST LINE OF SAID 1/4 1/4, and;
To be divided into properties to be described as illustrated on Exhibit A stamped received by the
City of Andover May 2,2003.
WHEREAS, Sharon Thompson has requested approval of a lot split to subdivide property
pursuant to Ordinance No. 40, located at 838 Crosstown Boulevard NW, and;
WHEREAS, the Planning and Zoning Commission finds that said request meets the criteria of
Ordinance No.8 and 40, and;
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals and general welfare ofthe City of Andover,
and;
WHEREAS, a public hearing was held pursuant to state statutes, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the lot split as requested, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the lot
split on said property with the following conditions:
1. The applicant shall be required to pay a park dedication fee in the amount of $2l55.
2. The applicant shall be required to pay a trail fee in the amount of$523.
3. The driveway access for tract B shall be required to be located on Prairie Road. The new
access shall be a minimum of sixty feet from the intersection of Crosstown Boulevard and
Prairie Road.
-'1-
4. The new deeds for the Tract A and Tract B shall contain the legal descriptions described
in Attachment A stamped received by the City of Andover May 2, 2003.
7. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section
III(E).
Adopted by the City Council of the City of Andover on this _ day of _,2003.
ClTY OF ANDOVER
ATTEST: Mike Gamache, Mayor
Victoria V olk, City Clerk
-5"-
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EASEMENT GRANT
THIS EASEMENT, made this day of , 2003,
by Sharon K, Thompson, single, Grantor, to the CITY OF
ANDOVER, a municipal corporation, (Grantee).
WITNESSETH, that Sharon K. Tompson, single, for value
received as Grantor do hereby dedicate to the City of Andover
an easement over the land located within the City of Andover,
County of Anoka, State of Minnesota, described as follows:
An easement for utility and drainage purposes over the follow-
ing described tracts located in the Northeast 1/4 of the North-
east 1/4 of Section 23, Township 32, Range 24, Anoka County,
Minnesota:
1) The Southeasterly 10.0 feet of the Northwesterly 85.0
lying parallel with and Southeasterly of the centerline
of Crosstown Boulevard and lying West of the East 30.0
feet of said Northeast 1/4 of the Northeast 1/4 and
lying within the East 191.0 feet of said Northeast
1/4 of the Northeast 1/4.
2 ) The West 10.0 feet of the East 40.00 feet lying South
of a line drawn 75.0 feet, as measured at right angles,
Southeasterly from the centerline of Crosstown Boulevard
and lying North of a point distant 30.0 feet West and
620.5 feet South from the Northeast corner of said
Section 23.
3 ) The Southeasterly 10.0 feet of the Northwesterly rO.O
feet lying parallel with and Southeasterly of the cen-
terline of Crosstown Boulevard and lying Westerly of
the the East 191. 0 feet of said Northeast 1/4 of the
Northeast 1/4 and lying Northeasterly of a line drawn
at right angles to the centerline of Crosstown Boulevard
at a point distant 613.86 feet Southwesterly of the
Northeast corner of said Section 23 as measured along
said center line.
-7-
-
4 ) Commencing at a point on the centerline of Crosstown
Boulevard distant 613.86 feet Southwesterly of the
Northeast corner of Section 23, thence Southeasterly
at right angles a distance of 60.0 feet to the actual
point of beginning, said tract being 10.0 feet North-
easterly, parallel with and adjacent to said right
angle line for a distance of 208.49 feet.
5 ) Thence South and parallel with the East line of said
Northeast 1/4 of the Northeast 1/4, said tract being
10.0 feet East, parallel with and adjacent, for a
distance of 113.23 feet.
6) thence Easterly on a straight line to a point distant
30.0 feet West and 620.50 feet South from the North-
east corner of said Section 23, said tract being 10.0
feet North, parallel with and adjacent to last des-
cribed line a distance of 358.93 feet.
7) Thence West along last described line a distance of 162.0
feet, thence North, parallel with and 191.0 feet West
of the East line of said Northeast 1/4 of the NQrtheast
1/4, said tract being 10.0 feet East and 10.0 feet West
for a distance of 453.08 feet.
IN WITNESS WHEREOF, the party has hereunto set her hand
this day of , 2003.
by
Sharon K, Thompson
STATE OF MINNESOTA)
COUNTY OF ANOKA ) ss
This instrument was acknowledged before me on this i day
of , 2003 by Sharon K. Thompson, single,
has caused these presents to be executed or has set her hand
the day and year first above written.
Notary Public
The above desribed easement was accepted by the
City Council of the City of Andover, this
day of , 2003.
Victoria Volk, City Clerk
Date
-,37-
No delinquent taxes and transfer
entered, Certificate of Real
Estate Value ( ) filed ( )
not required Certificate of Real
Estate Value No.
, 2003
by
Deputy
STATE DEED TAX DUE HEREON $
Date: , 2003
FOR VALUABLE CONSIDERATION, Sharon K. Thompson, (Grantor)
single hereby conveys and quitclaims to the County of Anoka,
a political subdivision of the State of Minnesota (Grantee),
real property in Anoka County" Minnesota, described as
follows:
A permanent easement for highway purposes over all that
part of the Northeast' 1/4 of the Northeast 1/4 of Section
23, Township 32, Range 24, Anoka County, Minnesota des-
cribed as follows:
The Southeasterly 10.0 feet of the Northwesterly 60.0 feet
lying parallel with and Southeasterly of the centerline of
Crosstown Boulevard and lying Westerly of the East 183.0
feet of said Northeast 1/4 of the Northeast 1/4 and lying
Northeasterly of a line drawn at right angles to the center-
line of Crosstown Boulevard at a point distant 613.86 feet
Southwesterly of the Northeast corner of said Section 23 as
measured along said centerline.
GranIO~(S' ....:arrants lhat it has no !-;MwledQ9 of any haz;:udous substance located In or on the laM and that the GrsnIOr(s) had
no knowledg'i!! of any hazardous substance localed in Of on Ihe land Clllhe time right. title or Interest in the land W:lS first aCQuired
t-)'!MGranleor(sl
Granlor(s) e~(1ifie-s th3t the Granlor(s) does not knO\v of any WE::lls on the described real property.
(:f n10re 6P"CC 15 needed, cOtltitlue on back)
logether with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Sharon K. Thompson
STATE OF MINNESOTA)
COUNTY OF ANOKA ) ss
The foregoing instrument was acknowledged before me this
day of , 2003 by Sharon K. Thompson,
single.
Notary Public
Drafted by
N. C. Hoium
10731 Mississippi Blvd.
Coon Rapids, MN 55433
-'7-
838 Crosstown Boulevard NW
Lot Split
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N
Project Location Map w-<r.
-;0- .
Andover Planning
~ISF;!'Q! - OF - ~l!Q~Q~J;;Q. _ 'iRA~T.L!.~~EC!.IO~"~~.L,.!.OWli~!!IX_ ~~ _ RA.~"F;_~1
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@
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MINNESOTA 55304 · (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER.MN,US
TO: Mayor and Council Members
CC: John Erar, City Administrator~
David D. Berkowitz, City Engineer
FROM: Todd J. Haas, Asst. City Engineer ~
SUBJECT: Accept Drainage & Utility Easement Grant for Rural Reserve Areal
03-2/Woodland Creek Golf Villas (Supplemental) - Engineering
DATE: May 6, 2003
INTRODUCTION
This is a supplemental item in regard to the easement grant for the Rural Reserve Trunk for
Woodland Creek Golf Villas, Project 03-2.
DISCUSSION
Attached for your review is the easement grant to construct the trunk sanitary sewer line to serve
the Rural Reserve Area. On Page 2 of the grant is the language City staff is recommending based
on concerns from the owners of the golf course.
ACTION REQUIRED
The City Council is requested to accept the Drainage & Utility Easement Grant for the Rural
Reserve for Woodland Creek Golf Villas, Project 03-2.
Respectfully submitted,
~i~
cc: Mike Olson, Olvan Properties LLC, PO Box 67, Forest Lake, MN 55025
c0'3:Jl:jd ~v:St ~00c 90 ^l:jW
.
I
,
,
,
EASEMENT GRANT !
TIllS EASEMENT, made this day of , 2003, by Olvan :
Properties, LLC, a Minnesota limited liability company, Grantors, to the City of I
Andover, a municipal corporation, (Grantee), ,
,
WITNESSETH, that Olvan Properties, LLC, a Minnesota limited liability ,
i
company, for value received as Grantors do hereby dedicate to the City of Andover a ,
pennanent easement over the land located within the City of Aitdover, County of Anoka, I
State of Minnesota, described as follows:
I
An easement for public drainage and utility purposes over that part of Outlot A,
WOODLAND CREEK, according to the recorded plat thereof, Anoka County,
Minnesota, lying easterly of the following described line and its extensions,
Commencing at the northeast comer of said Outlot A; thence on an assumed bearing of
South 89 degrees 29 minutes 37 seconds West, along the north line of said Outlot A a
distance of 163,74 feet to the point of beginning of the line to be described; thence South
24 degrees 08 minutes 47 seconds East a distance of203.22 feet; thence South 26 degrees
28 minutes 11 seconds East a distance of327.97 feet; thence South 28 degrees 56
minutes 10 seconds East a distance of362.58 feet; thence South 24 degrees 20 minutes
00 seconds East a distance of 115.12 feet; thence South 32 degrees 40 minutes 23 :
seconds East a distance of 196.00 feet; tllence South 24 degrees 49 minutes 22 seconds
East a distance of 197.47 feet; thence South 34 degrees 07 minutes 38 seconds East a :
distance of 115.45 feet; thence South 24 degrees 19 minutes 13 seconds East a distance of
225.93 feet; thence South 33 degrees 24 minutes 31 seconds East a distance of251.32 i
feet; thence South 64 degrees 36 minutes 00 seconds East a distance of 159,03 feet to
southeasterly line of said Outlot A and said line there terminating,
I
i
!
E/2'd S92'Of.J Wd9~:E E002'9 ')"l:lW
m'3~l:ld 8v:Sl ~00c 90 AI:lW
. .
The City of Andover agrees to notify the property owner at least six (6) months prior to
any construction activity, Furthermore, the City agrees it will use its best efforts to
minimize the loss of income to the Grantor as a result of such constroction by
accelerating the time for construction and reduce the construction area. The City agrees
that it will restore, at its cost, the golf course after constrUction to a condition equal to or
greater than it was prior to the construction, The City further agrees that is shall be
responsible for reasonable costs associated with the temporary relooation of golf course
improvements necessary to facilitate play during the construction period. I
,
Total consideration: One and no/l00 ($1.00)Dollar. !
State Deed Tax Due: None
IN WITNESS WHEREOF, the parties have hereunto set their hands this
day of ,2003. ;
OL V AN PROPERTIES, LLC I
BY: i
Its: I
I
,
By: I
Its: I
STATE OF MINNESOTA)
) ss. i
i
COUNTY OF ANOKA )
This instrument was acknowledged before me on day of
. 2003 by and !
the and of
Olvan Properties, LLC, a limited liability COmpany under the laws of Minnesota on
behalf of the company. I
,
Notary Public I
NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of ;
Minnesota, has accepted on . 2003, the above described easen1ent j
in this docwnent.
Dated: CITY OF ANDOVER
(SEAL)
By
Clerk
tHIS INSTRUMENT WAS DRAFTED BY:
Hakanson Anderson Associates, Inc.
3601 Thurston Avenue
Anoka, Minnesota 55303
(763)427-5860
2
E/E'd 89Z'ON WdLS:E E00Z'9 ')"l::lW
S0'3~tld 11:v1 ~00c 10 AtlW
Nort"lCllil comer EASEMENT EXHl
of Outlol A
, \I'
i,
_ 'Co '8>. .-'
........". ~ ~'l'
-';'t1! "
/ ~~ ,-J
-- Olvan Properties,
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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 Administrato~
David D. Berkowitz, City Engmeer
FROM: Todd Haas, Asst. City Engineer
SUBJECT: 11. Award Bid/Streets & Utilities/02-49/Woodland Estates 4th Addition
(Supplemental) - Engineering
DATE: May 6, 2003
INTRODUCTION
This item is in regard to amending the item receiving bids and awarding the contract for Project
02-49, Woodland Estates 4th Addition.
DISCUSSION
Attached is a revised resolution that awards the contract contingent upon the developer providing
the following:
o Recording of the final plat to Anoka County.
o Execution by signing the development contract as required.
o Providing the necessary easements that are required for streets & utilities.
Once these items have been satisfied, the City will contact the contractor to execute the contract
so the work can begin as soon as possible.
ACTION REOUIRED
The City Council is requested to approve the revised resolution accepting bids and awarding the
contract to Three Rivers Construction in the amount of$964,465.6l for Project 02-49, Woodland
Estates 4th Addition.
Respectfully submitted,
?#/~
Todd Haas
cc: Byron Westlund, Woodland Dev. Corp., 13632 Van Buren St. NE, Ham Lake, MN 55304
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 02-49 ,WOODLAND ESTATES 4TH
ADDITION.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
062-03 ,dated April 28, 2003, bids were received, opened and tabulated according to
law with results as follows:
Base Bid
Three Rivers Construction $ 964,465.61
Friedges Contracting $ 977,156.65
Hennen Construction $ 981,207.20
WHEREAS, awarding the contract is contingent upon the developer providing the
following:
o Recording of the final plat to Anoka County.
o Execution by signing the development contract as required.
o Providing the necessary easements that are required for streets & utilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Three Rivers Construction as being the
apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Three Rivers Construction in the amount of $964.465.61 for
construction of the improvements; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the successful bidder and the next
lowest bidder shall be retained until the contract has been executed and bond
requirements met.
MOTION seconded by Council member and adopted by the
City Council at a reQular meeting this 6th day of Mav , 2003 , with
Council members voting in favor
of the resolution, and Council members voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER 0
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 Eon, City Admini_to,~
David D. Berkowitz, City Engi .. er
FROM: Todd Haas, Asst. City Engineer
SUBJECT: 15. Award Bid/Streets & Utilities/02-50/Maple Hollow (Supplemental) -
Engineering
DATE: May 6, 2003
INTRODUCTION
This item is in regard to amending the item receiving bids and awarding the contract for Project
02-50, Maple Hollow.
DISCUSSION
Attached is a revised resolution that awards the contract contingent upon the developer providing
the following:
Cl Two (2) Letters of Credit be sent to the City in regard to the Developer's Improvements
and for the assessments as required in the development contract.
Once this item has been satisfied, the City will contact the contractor to execute the contract so the
work can begin as soon as possible.
ACTION REOUIRED
The City Council is requested to approve the revised resolution accepting bids and awarding the
contract to Redstone Construction Co., Inc. in the amount of$57,322.97 for Project 02-50, Maple
Hollow.
Respectfully submitted,
~i~
cc: Mark Tibbetts, l444 - l6l sl Avenue NW, Andover
Ty Caswell, Tyson Homes, LLC, 13360 - 2nd Avenue South, Zimmerman, MN 55398
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 02-50 , MAPLE HOllOW.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
050-03 ,dated March 18, 2003, bids were received, opened and tabulated
according to law with results as follows:
Redstone Construction Co., Inc. $57,322.97
Dave Perkins Contracting Inc. $58,133.00
Friedges Contracting Co. $60,760.15
WHEREAS, awarding the contract is contingent upon the developer providing the
following:
0 Two (2) letters of Credit be sent to the City in regard to the Developer's
Improvements and for the assessments as required in the development contract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Redstone Construction Co.. Inc. as being
the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Redstone Construction Co.. Inc. in the amount of $ 57.322.97
for construction of the improvements; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the successful bidder and the next
lowest bidder shall be retained until the contract has been executed and bond
requirements met.
MOTION seconded by Council member and adopted by the
City Council at a reqular meeting this 6th day of Mav , 2003 , with
Council members voting in favor
of the resolution, and Council members voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
! ." f/'oIJ-/ I
;~~~:; 6:~fll~~~t~ COU~Cil_~-- w- :----- .. ~ :PRIL~----! .
RE:_,2Q03 ~onthlyBuilcJillQ .Be~ort -- - - u . -- ___.m - ____ - ---
: ' I I
, ... ,.. . . ,-- - ----t..- -- ------ -...--
BUILDING PERMITS:
-.,.. - ,. --- ----
PermiUPlan Tax .Total 'Valuation
19,Residential- 13 S.F, 3'Septic 6lTownh" $ 40,541.95 $ 1.458,00 $ 41,99995 $ 2,916,000,00
-9'Additions-i Hi - '-: $ _ u5,63i35 $119.30:$ 5.751.65 $ 238,600,00
8'Garages-~---' i -, nn_:-_;_ $ 2,697.40:$-46,59:$ - 2.74i99!$- 93,180.00
5 RemodelingiFinishing; T-----r----:f-----i5o.oo--f----' -2.50;T--- 252~50! $
2] Commercial Building ! ~: ____= i_-_,~-=-:-_ __I c= ~___2,li(1.3r (-. . - _ 622z:D__ _-- = 2.47i:Jj5: is: _124.45000
3 Pole Bldgs/Barns :. r; , $ 1,359,18 I $ 25.00 I $ 1,384.18! $ 50,000,00
2Shecls-- . I-a! -1$-----i50-.8-5'$----2~50;-f-- 153,35is-i{60000
.. .~;2~ii~:~/~~~~~irep,L~'. i.. .f---p::_-__-=4)025_p__:_:~65Tf:~-- -439.90-tf 19,30000
2iSiructural Changes ir- - -T -- r--T$----i33~60i$ ----- - 1,70 r $ __n_ 135,30-' $---f406.00
.. -. . - -:! !~:~~f]~~{~~~:er~.i..._.'..---l.. - --l--~--:fj-..- ..".~]ii-!~-.!'f:~.~-1H~I-i-.: --.-.~:~~i~!~. r.. i · .i~f~~.~..~~
-ztbihElr._- __l_j__ =l :_i___=J ~ -J_____-.::L$=:::. ~06~9z1$.::_-.::__14).Q.:j_=_:=- 8205E( ~~,OOOOO
_] 1@6;;:~6:::B;;J~~~l'::L.:=_-i=l__--___=-L C.:::_-= ~~~llL:-::-_m___ t~[~ - - ..., J~;~~~l $_ ;~:~~~~~
. ....~.!~~:.i.,l~~~~~;rrJ~-.-..--=.~r, -~T-~:. .::.t1.~-~~.'"'"~"I!..::~.~,__=-..'~~~.5.=.jt~...,~.e4.~3.'-.li. m ~""....3...".:.:
_, 129 [SUBTO_TAL _ _ i__ l- ___ _L ____-=~ If=- _~.2'8iY60r:________<889'.2~C) n=n..6(7Q6,86 TC:j,74G..446i'2
P,EIi~~t~.~LJi~d~~-~eLJ---j=-~===i-- -----------.::L-.--~Z~17.60 -i===-1'889.26-l~~~C~~~~~~glQ=--= --
.~I.gt]~~t~.---\.-::l +---~j. ---1==~~~1}~~-~~---~~jr:-----~--~-fY---- =:~ !-- -- -
O!Footingn- '--I I r --J : $ -- -- - - t $ n _n --:$ - __u - -:
o!Renewal ii _ -I -11- _I___=n~ -$- =n_--_ is .:-____ ' $ _ _~- -_ j _
ol~OVing_L_L__I'__I______L__J___ $____ -- ,$____ - _~L --- -i-
1.!.i..~.- ~.u~~.:~::fc. es+.~-.. --,.,'..---. r _.--.:-----1.. ..-.I.'-.:-'~--. ==---- - i - - _ ~-ii~-!t !-----------~--~!~~~ -!- - -~:m-~-~--- i=- ~=--~.-
1~__I---LI------I__ ----- --- -- -~tt~---- ~--------ij--
- 2!rmlti~;~~:---L=i--I-:----I___- [-=-:-(i- ---:i~~jl=--- -- ~-~~ -i-=- -- :~~~~_n_-
fil.~~~~;~~~~ Ler=Y-rl- - ,.. ----j--l. :--------f{.----:::.~~~:~~.l----= ---~::-~} --- ______~~~1~ 1---- - -
. -1 : WaterchangeOveil... -, . . -n-_+--r----- : r----5o-:-ooiT- - -----0.501-$ ,-- 50:50 ,--
16:Sac~eiaJnageFee._r r __L_; nn i$ - 2Q4:60:J.-____ .:_.1.$ 2o~~00i
16,SewerAdmin. Fee I i ..1.$_ 240,00..;$ _ .: _:$ 240,00 ~
_ 20 Certificate of Occupancy ~ __ _ 1_ _ __ $.. __80'QO .;. $ ____ __:~ i $ _ 8000 J _
18~LicElnse Verification Fee :_ --J---I. ,.___J._ ___ ~O,OO j.$__._~:._ : L_____ 90.00 t- --
o Reinspection Fee ! t-- i $ - $ -' $ - I
~ .~!:~~~,1t"~i~Jlu ~~~=: if~ ,:::,:1jl ~~m:q !~::~ ~:~ ~==
386 ~TOTALS I-i --, _ -, ,. --, =t-- -1$--7T896~60! $-----(934,76h--i3-;8ili6 :nm_____
...- . ---i---~------'-- ---;.-- 1-------1-1--.--~-- -~---~----------.--r-----------~-------- -j---------. -
! ___ ___l___ !___ . _~ ___L__ __ --I------L------- L _ ._______ .1__ .n____~_. l___
Total Number ofHomesYTD . 2003! 39
Total Number of Homes YTD . i . 20Q2i _ 89
Total Valuation YTD - 2003: .8,503,592.12
_ T"tal ValuationYTD~. .. , ,_ ! _ n -2002; . 15,994,538,96
iTotal Building Department Revenue YTD- i 20031 161.543,62 i
iToiaf Buildi" De-artmenIRever1UeYT[)~ ,- -20021 270,769.44 :
4-10-03
Members of the Andover City Council-
Pov's Sportsbar would like to request permission to have
our annual outdoor concert coinciding with Andover Days.
The event would take place on our softball fields in the same
spot it's been each year.
The date would be Friday and Saturday June 27th and 28th,
from 7fl.m. till midnight. It's been an honor to be a part of this
celebration and I hope to continue this outdoor event.
Thank you for your time and concederation-
~<~ -
Povs sportsbar and grill
/11;0 -I- 'J I.te -f'C/ f'q '-'es+- {J(J"/"'Iilt'; V'1
to ex -+end fr\1 / '1LNr {..r..c..f\~C Ol.lt' fd f4 fieldf
to.- tk! Co:,\co,.j- 0"- t\..~ :2 '7 -rl,.y ;s:n: