HomeMy WebLinkAboutCC September 18, 2001
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARDN.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
\ FAX (763) 755-8923. WWW.Cl.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, September 18,2001
Call to Order - 7:00 PM
Resident Forum
Agenda Approval
Approval of Minutes (8/28/01) (9/4/01)
Consent Items
1. Approve Tax Increment Debt Service Transfer - Finance
2. Utilization of Proceeds/Carlos Avery Fire/2001 Budget Adjustment - Finance
3. Adopt Proclamation - Domestic Violence Awareness Month for October 2001 - Administration
4. Consider Proposed 2002 Quad Cities Cable Commission Budget - Administration
5, Receive AMM Housing and Economic Development Policy Recommendations - Administration
6. Accept Public Facility Use Policy - Administration
7, Accept Feasibility Report/Waive Public Hearing/O 1-20/Devonshire Estates - Engineering
8. Accept Feasibility Report/Waive Public Hearing/01-23/3408 - 142nd Avenue NW/WM - Engineering
9, Approve Change Order #1/00-37/Townhomes of Woodland Creek - Engineering
10. Approve Resolution Accepting Street & UtilitieslNorth Valley Ridge - Engineering
11. Approve Plans & Specs/00-1717th Avenue Trail- Engineering
12. Declare Cost/Order Assessment Roll/99-37/1680 Andover Boulevard NW/WM & SS - Engineering
13, Declare Cost/Order Assessment RoIVOI-81732 - 140th Lane NW/WM & SS - Engineering
\ 14. Approve Quote/00-36/Makah Street NW & 149th Lane NW/Storm Sewer Repair - Engineering
J 15. Accept ResignationlPark & Recreation CommissionlDavid O'Toole - Engineering
16. Approve Appointment/Park & Recreation Commission - Engineering
17. Approve Amended Special Use Permit (01-07)/Mining Permit/16689 Hanson Blvd. NW - Planning
17a. Authorize Relocation Payment-Eminent Domain Land Acquisition/Water Treatment Plant-Administration
17b, Approve Purchase/Aerial Bucket Truck - Finance
Discussion Items
18. Approve Amended SUP/PUD/Altemate Townhome DesignlNature's Run Cont. - Planning
19. Receive Anoka County Sheriff Department Monthly Report - Administration
20. Acknowledge Zoning Code Staff Enforcement Guidelines - Administration
21. Winslow Hills Neighborhood Project - Request for City Assistance - Administration
22. Approve Amendment to Ordinance No. 219, An Ordinance Regulating and Controlling Weeds and
Other Harmful Vegetation - Planning
22a, Andover Baseball Association - Presentation - Administration
Staff Items
23, Schedule Workshop/Transportation Issues - Administration
24. Schedule EDA Meeting - Community Development
25. Special Council Meeting-Dates-Scheduling and Confirmation
Mavor/Council
26a, Bill's Superette - Planning
b. U1tralite Update - Planning
c. Executive Session
1, Woodland Development Corporation Litigation
/ Payment of Claims
Adjournment
J
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.Cl,ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrato~
FROM: Vicki V olk, City Clerk
SUBJECT: Approval of Minutes
DATE: September 18, 2001
INTRODUCTION
The following minutes have been provided by Peach Associates for approval by the City
Council:
I
August 28, 2001 Special Council Meeting (Please see attached minutes for
corrections)
September 4,2001 Regular Meeting (Orttel absent)
E-mailed copies of these minutes have been transmitted to Mayor Gamache, Councilmembers
Jacobson and Orttel, with hard copies provided to Councilmembers Trude and Knight. If for any
reason you did not receive the e-mail version, please contact me.
ACTION REOUESTED
Council is requested to approve the minutes listed above.
Respectfully submitted,
i.LL.-. () ~
Vicki Volk
City Clerk
I
\ Andover Special City Council Workshop
j
Minutes - August 28, 2001
Page 2
(2002 Budget Presentation, Continued)
. A fiscal goal of the Council was to establish a General Fund balance for working capital of no
less than 30 percent of the planned 2002 General Fund expenditures. The proposed budget keeps
the fund balance at 33.8 percent. It also establishes the debt levy at 9.8 percent ofthe total levy.
The increase in local tax capacity rate is proposed to be 3.5 percent, though the total tax levy will
increase substantially because ofthe need to levy for the loss ofI.ocal Government State Aid and
for the loss resulting from the state's changes in tax class rate formula. The 2002 Budget
recommends approximately $380,171 in capital equipment and improvements.
. Since 1995, population growth has increased 27 percent, housing units have increased 27
percent, and the miles of streets increased 13 percent though cul-de-sacs have increased 93.5
percent. The miles of storm sewer increased 44 percent, watermain 50 percent, sanitary sewer 38
percent, and acres of developed residential increased 11.3 percent. Fire and medical runs
increased 28 percent, police activities increased 137 percent, the number of parks increased 7.5
percent and the miles of trails increased 119 percent.
. It has been determined that the changes by the state legislature will result in the lower valued
j homes paying more in City taxes, and the medium to higher valued homes will be paying less of
an increase. There will be a shift from the larger valued homes to the lower valued homes as well
as a shift from commercial property to residential.
. The proposed 2002 tax levy composition will include categories for fire, capital equipment
purchases, park projects, road and bridge. These are new categories that were included in the
General Fund Levy in the past. The dollars have been removed from the General Fund levy and
designated separately to reflect exactly what is being spent in these areas. The $597,396 proposed
for Road and Bridge is for crack sealing and seal coating. It also includes the program established
in 1997 to capture one percent of the tax levy for increased tax valuations for at least five years to
finance street overlays. The 2002 budget is the last year of that financing program. Mr. Erar
suggested in the future the Council consider maximizing these dollars by assessing a portion of
the costs of those road improvements. The levy also includes $50,000 for park projects, which
will allow the Park and Recreation Commission to bond for projects if they wish. This also
allows the use of the PIR fund to fund park projects. There is $200,000 for capital equipment M
purchases and $43,750 for the City's contribution to the Firefighters' Relief Association. The
gross levy increased from $5,038,537 certified in 2001 to $5,626,477 proposed for 2002;
however, the net city levy was actually $489,896 less than that gross levy in 2001 because ofthe \"'r"-r
local government aid received from the state. d t7' '::J \,,-C', \ l{;\ \JJ\-.e
~e ~ouncil rai~ed some concerns regar~in . e cate~ories being. used for the t~ Ie : Mr. I . 6 S
Dlckmson explamed those are the categon he IS reqUIred to submIt when the levy IS ertffied. ~ ~1
The only difference is this is the first Y. the dollars for some of the items have een pulled
from the General Fund and will be levi d separately. The Council was concerned thirt the dollars
allocated for Road and Bridges will be sufficient. Mr. Erickson stated the allocation will provide
for the crack sealing and seal coating projects, which is based on a seven-year program to cover
) Andover Special City Council Workshop
Minutes -August 28,2001
Page 3 ~ \~
J -t7"S i"-C,
(2002 Budget Presentation, Continued)
the entire City. This does not include dollars received from developers for the first seal
coating project in new developme hose dollars are set aside and dedicated for that specific /
development and are not a p fthe General Fund. The Council asked for a list of all those
accounts. They also felt th ollars allocated for Fire are misleading. Mr. Dickinson explained
this is used solely to what the City wants to be on the tax rolls that is outside the General
Fund. It is not the budget. Council suggested the category be clarified by saying Fire Relief.
. Proposed total revenues for 2002 is $6,977,261, down from $7,176,806 in 2001. Of that, 66
percent comes from property tax, 12 percent from licenses and permits, 9 percent from
intergovernmental revenues, 6 percent for charges for current services and the remainder from
fines and forfeitures, miscellaneous and transfers in. In the past, the City's budget used
anticipated engineering fees as revenues. The problem with that is what happens ifthe projects
do not come in? Mr. Erar stated the proposed 2002 budget reflects a change in that philosophy.
The Engineering Department project revenues will be reduced by one-third each year. The new
philosophy is that the revenue will not be counted until it is actually received. That money will
not be shown as a new source of revenue until it is received. Expenses for the Department will
be offset through the regular general revenue sources. If a project goes through, that revenue will
) be transferred into the General Fund budget.
Council was concerned that the positions in the Engineering Department were justified based on
the revenue. Mr. Erar stated those positions are still justified by the projects. This is a more
conservative and prudent way of approaching it in terms of planning for the City's expenses. Mr.
Dickinson noted they are trying to create a more realistic budget. Next year they are budgeting on
300 new homes, scaling back from 350 homes last year. The budget will be based on sustainable
revenue sources. The City could end up with a surplus the following year through transfers in
certain areas. Councilmember Orttel was concerned that by keeping a lower revenue proj ection, /
the taxpayers end up picking up the slack unnecessarily. Mr. Erar noted the Council controls the
purse strings. They are trying to remove the reliance on development activities to fund the budget \:l\c1Ciw7of
and to base the budget on the tax base. Mr. Da\'idscrrrstated this is a step in the right direction to
allow the City to report according to the new requirements in 2003. ~
^ bitS!?' ':>4
Councilmember Knight raised the issue of City fund balances. Both Mr. Erar and Mr. Dickinson
were comfortable with proposed fund balance of 33 percent. It is the carryover needed to fund
the City's operation for three to four months into the new year. Mr. Dickinson stated property
taxes account for 66 percent of the City's revenue. A reserve of33 percent represents half of the
property taxes. The property tax revenue is received twice a year from the county.
. The tax capacity rate for 2002 will be 34.81 percent compared to 22.56 in 2001. Mr. Erar again
/ noted the major reasons for the increase are the loss ofI.ocal Government Aid and the reduction
in overall adjusted tax capacity.
. Overall expenditures for the proposed 2002 budget are $6,977.261, down from $7,176,806 in the
adopted 2001 budget.
V
\ Andover Special City Council Workshop \Z O~~ <r- ~f\dy tJrd
Minutes - August 28, 2001 5;:'0 VV' ~~e
Page 5
/
(2002 Budget Message, Contin
Page 7, Parks: Mr. Erar oted the 2002 Budget proposes $40,000 to upgrade the existing playground V
structure at Wild . Park. Mr. Dickinson explained that the Park and Recreation Commission
borrowed $75,000 for the tunnel under Bunker Lake Boulevard, which is to bi~back over seven
years. They have the option of using the levy or park dedication dollars to reimburse that amount.
Commissioner English stated the cost of that project could potentially go up because of the site
conditions. The Commission can opt to pay that debt off at one time if there is a surplus or they can
spread it out over several years. He was very pleased with the $50,000 levy. They have $440,000
sitting in the park dedication fund that the Commission has been unable to agree on how to spend.
He is ofthe opinion to spend it when they get it.
Page 7, Civil Defense: Mr. Erar stated the 2002 Budget proposes $30,000 to replace two outdoor
warning sirens with battery backup systems. Mr. Almgren stated over the next seven years, all of the
sirens will be replaced with battery backup systems. A battery will last about five years.
Page 7, Community Education Program Funding: The request from the Anoka-Hennepin Community
Education program is $72,814 for the 2002 school year. This includes an additional amount for a
/ coordinator at the Rum River Elementary School. The Council generally agreed the whole area of
community education, the scheduling of athletic fields and a park coordinator needs further
discussion. It was suggested that it be added to a future workshop agenda or possibly a task force
should be appointed to review the issue. Commissioner English also stated depending on what sports
facility is constructed, it more than likely will require an administrator to oversee it. One of the
things the Commission talked about was that person having a dual role of managing the recreational
center plus other needs within Park and Recreation.
Page 7, Energy Cost Increases: Mr. Erar noted the 2002 Budget contains an increase of$39,050 in
natural gas expenditures. They under budgeted for that item in 2001.
Page 7, Anoka County Assessing: Mr. Dickinson stated the budget for 2001 underestimated
assessing costs by about $12,000. Mr. Erar noted the increase for 2002 by $17,500, as the City
continues to have more property that needs to be assessed.
Page 8, Staffing: Mr. Erar noted the 2002 Budget includes the additional full-time position for a Fire
Marshall plus an additional seasonal part-time position in Parks Management and one seasonal part-
time position in Streets and Highways. The cost-of-living adjustment for Staff is proposed at three
percent, representing approximately $61,901 for all City Departments.
Page 8, Staff Performance, Retention and Recognition: Mr. Erar stated they did review the Stanton
averages for a City the size of Andover. Most of the mid-management positions are well within the
ranges of the Stanton survey. In his view, more of the senior management positions are the ones that
have fallen behind and needs to be addressed. He is proposing $7,500 in the budget in market
adjustments to those positions to make sure they remain competitive. He is also proposing they
conduct a market study. Also included in the budget is $2,250 for employee appreciation activities
J
'. Andover Special City Council Workshop COJ {'\~
~C:/7 ~~(
Minutes - August 28, 2001 /
Page 7 G--7
(2002 Budget Message, Continued)
Dickinson and his Staff as well as the manage
proposed General Fund Budget.
Councilmember Knight wanted to kno how the tax~' of the residents will be affected by the
county. He had a concern approving . s bUdge~ out knowing what the county will do. Mr.
Dickinson stated the City must certify to the tcun y September 15. At that time, he will be able to
calculate the total tax bill on homes of various valuations. He stated he will produce that document
as soon as he has all the figures needed. Councilmember Orttel suggested that should also be put in
the City's newsletter.
FISCAL REVIEW
Mr. Dickinson noted the handout from the Association of Metropolitan Municipalities, which
indicates what the legislature did to the tax capacity computations relating to the property tax
classifications. Andover's tax capacity value for 2002 will be 17.22 percent less than that in 2001
even though new growth is computed to be 12 percent. There is also a shift from
/ commerciaVindustria1 to residential properties. For residential properties, there is a shift from the
higher valued homes to the lower valued homes. The bottom line is the City experienced a growth
but the valuation is reducing. The result is the proposed tax capacity rate for 2002 is 34.814, up from
22.564 in 2001 and 22.781 in 2000. Mr. Dickinson noted the proposed budget is not the maximum
levy allowed. It is under by $106,786.
In reviewing the breakdown for the personal services expenditures, Mr. Dickinson noted the
reallocation of workers , compensation from the unallocated account. It also includes the cost ofthe
new employees. Councilmember Trude noted a 76 percent increase in professional services on Page
204 of the budget. Mr. Dickinson stated that is a reclassification of community schools. The Council
generally didn't like that classification, thinking it should be a separate one. Mr. Dickinson stated he
would leave it under professional services, but will create a separate item for community schools for /J
internal accounting.
Mr. Dickinson then reviewed the General Fund balance analysis. Allowing $41,682 to be added back '1"'\-0 .\ \.. -(
'JOQ';) y,,JI~A to tht: b"la.1lc,::, results in a General Fund balance of34 percent. Mr. Erar noted the critics of high
General fund balances want the cities to spend down the stockpiles of money instead of raising taxes
for expenses. He agrees. The 34 percent is half ofthe projected revenues from taxes and is needed to
pay for expenses until those tax revenues are received from the county. Mr. Dickinson stated yes
there are other funds with fund balances. The only place that carries large amounts of money is in the
debt service funds, but that money is dedicated to pay down the debt.
, CD
CITY OF ANDOVER
1685 CROSSTOWN BOULEY ARD N.W, . ANDOYER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOYER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrator,,(Z'
FROM: Jim Dickinson, Finance Director
SUBJECT: Approve Tax Increment Debt Service Transfer
DATE: September 18,2001
INTRODUCTION
The City of Andover has excess tax increment proceeds residing in the 1993B General
Obligation Tax Increment Bond Debt Service Fund available for transfer to the 1999 General
Obligation Tax Increment Bond Debt Service Fund.
I DISCUSSION
The City Council authorized the call of the 1993B General Obligation Tax Increment Bonds on
June 20, 2000. The call was fully executed and all bonds were paid. The residual balance in the
debt service account after paying all bonds is $34,602.89. Finance is requesting that the residual
balance be transferred to another tax increment bond fund to assist in paying debt for those
bonds. The fund recommended is the 1999 General Obligation Tax Increment Bond Debt
Service Fund.
ACTION REOUIRED
The Andover City Council is requested to approve the transfer of $34,602.89 from the 1993B
General Obligation Tax Increment Bond Debt Service Fund to the 1999 General Obligation Tax
Increment Bond Debt Service Fund.
8)
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: Jim Dickinson, Finance Director
SUBJECT: Utilization of Proceeds/Carlos Avery Fire/200l Budget Adjustment
DATE: September 18, 2001
INTRODUCTION
The City of Andover Fire Department participated in the Carlos A very wildfire last fall and was
reimbursed by the State of Minnesota for labor and equipment costs that the City of Andover
incurred related to the fire. The Fire Department is requesting to utilize the equipment
reimbursement proceeds to assist in purchasing needed equipment that was not accommodated in
the 2002 Proposed Budget.
DISCUSSION
The City of Andover participated in the Carlos A very wildfire last fall and was reimbursed
$23,549.50 by the State of Minnesota for labor ($5,706.00) and equipment costs ($17,852.50) the
City of Andover incurred related to the fire. Finance is recommending that a budget adjustment
be made to the 2001 General Fund Fire Protection Budget in the amount of $17,000 to assist in
purchasing needed equipment that was not accommodated in the 2002 Proposed Budget.
This request is pursuant to the following language in the City of Andover Financial Policies, Operating
Budget section:
"The operating budget, authorizing expenditure of City monies, will be adopted annually by the City
Council at the department level (Appendix A). Expenditures may not exceed the total for any
department, within a fund, without the City Council's approval. The authority to make changes to
the adopted City Budget during the operating year is as follows:
A. City Council approval is required for all budget adjustments or transfers that will increase the
department's adopted expenditure budget, or adjustments that are made to facilitate a
department restructuring."
/
Mayor and Council Members
September 18, 2001
Page 2 of2
BUDGET IMPACT
This request would increase the 2001 General Fund Fire Protection expenditure budget by
$17,000.
ACTION REOUIRED
The Andover City Council is requested to approve a 2001 General Fund expenditure budget
adjustment to Fire Protection in the amount of $17,000 for purchasing needed equipment for the
Fire Department.
'-
I
CD
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
FROM: John Erar, City Administrator;~
SUBJECT: Adopt Proclamation - Domestic Violence Awareness Month for October 2001
DATE: September 18,2001
INTRODUCTION
The City has received a letter of request from Alexandra House, Inc. asking the City to adopt a
proclamation declaring the month of October 2001 as Domestic Violence Awareness Month.
DISCUSSION
Information is attached for Council review.
ACTION REOUIRED
Consider the adoption of the attached Proclamation declaring October 2001 as Domestic
Violence Awareness Month.
Respectfullx submitted,
) /' I~-..
~'I!fits.. ..~-<-~
JOhn Erar
I
/
Alexandra Domestic Violence Services for Women, Families and Communities
House,Inc. . .
RECEIVED
. .
.' P.O. Box 49039. August 21, 2001 AUG 2 2,2001
Blaine, MN 55449 CITY OF ANDOVER
. Phone: 763-780-2332
. CrisisrITY: 763-780-2330 Mayor Mike Gamache .
Fax: 763.780-9696. City of Andover
1685 Crosstown Blvd
Andover, MN. 55304
Board of Directors
Lynne Tellers Bankes' . Dear MayorGamache:
Chair
Enclosed, please find a proclamation in honor of Domestic Violence
David Rymanowski Awareness Month for October 2001 in Anoka County: Alexandra House, Inc"
Treasurer . a domestic violence service provider located in Blaine, respectfully submits the .
proclamation for approval, to make known that domestic violence is not an
Tamara Gregory individual problem, but one of great concern to us all, .
Secretary
Your supportof the proclamation demonstrates a commitment to the health
Chuck Seykora and welfare of your community. More importantly, it sends a clear message of .
) . support to victims of domestic violence and encourages the involvement of
Vicki Rcece . those who want to permanently eliminate domestic violence in Anoka County,
Gayle Anderson, Ph.D Thank you for your consideration of the Domestic Violence proclamation, The .
favor of a reply is requested regarding the acceptance and adoption of this
proclamation by your city council: .
LaurieWolfe
Sincerely,
Mary Steege {!~ 1>[~
Connie Moore
Executive Director Connie Moore'
Executive Director
Enclosure
Cin/mpa
Proclamation Resolution
No.
,
October of2001 is proclaimed
As
Domestic Violence Awareness Month
WHEREAS, the community problem of domestic violence has become a
critical public health and welfare concern in Anoka County; and
WHEREAS, domestic violence is a crime, the commission of which will
not be tolerated in Anoka County and perpetrators of said crime are
subject to prosecution and conviction in accordance with the law; and
WHEREAS, over 50,000 women and children have and will continue to access
assistance from Alexandra House, Inc., a domestic violence service provider; and
WHEREAS, domestic violence will be eliminated through community
,
partnerships of concerned individuals and organizations working together to
prevent abuse while at the same time effecting social and legal change; and
WHEREAS, October is National Domestic Violence Awareness Month; and
WHEREAS, During National Domestic Violence Awareness Month, Anoka
County organizations will inform area residents about domestic violence, its
prevalence, consequences and what we, as a concerned community can do to
eliminate its existence.
-
N OW, THEREFORE, BE IT RESOLVED AND KNOWN TO ALL that
proclaims October to be
Domestic Violence Awareness Month on
,
.
(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
FROM: John Erar, City AdministratorvfV
SUBJECT: Consider Proposed 2002 Quad Cities Cable Commission Budget
DATE: September 18, 2001
INTRODUCTION
The City has received notification from Quad Cities Cable Communications regarding their
Proposed 2002 Cable Commission Budget.
DISCUSSION
The one notable item contained within the budget is funding for the City Council Chambers
technology upgrade in 2002 that was previously discussed with Council earlier this year.
BUDGET IMPACT
Attached, please find a copy of the proposed budget as presented.
ACTION REOUIRED
Council adoption of the Proposed 2002 Cable Commission Budget.
Respectfully submitted,
~ /,- /-.
"'I~ ,/
LI.".4 0' . '-'>,.
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John Erar
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CITIES CABLE COMMUNICATIONS COMMISSION
MEMORANDUM
TO: John Erar, City of Andover
Jim Knutson, City of Anoka
Brett Heitkamp, City of Champlin
Jim Norman, City of Ramsey
FROM: Terry O'Connell, Franchise Administrator
DATE: August 27,2001
RE: Proposed 2002 Cable Commission Budget.
Enclosed please find the proposed 2002 Cable TV Commission budget drafted by the Budget
Committee and approved by the Quad Cities Cable Commission at its August meeting,
/ The Joint and Cooperative Agreement's Article X. FINANCIAL MATTERS, Section 4. reads as
follows:
"A proposed budget for the ensuing calendar year shall be formulated by the Commission
and submitted to the members on or before December 1, 1982, and thereafter on or before
September 1, Such budget shall be deemed approved by a member unless, prior to
December 31, 1982, and thereafter prior to October 15 preceding the effective date of the
proposed budget, the member gives notice in writing to the Commission that it is
withdrawingfrom the Commission, Final action adopting budget for the ensuing calendar
year shall be taken by the Commission 011 or before December 31, 1982 and thereafter on
or before November 1 of each year, "
Please place this matter on the next available city council agenda for review,
If you, or any Council member, have any questions regarding the budget, please give me a call at
427-1411.
Thank you.
cc: Thomas D. Creighton, Commission Attorney.
A 8 C
1 QC Cable Commission - Budget 2002
REVENUE FROM OPERATIONS 1001 BUDGET 1001 BUDGET
2
3 BEGINNING BALANCE 588,818.00 231,998.00
4 ESTIMATED FRANCHISE FEES 445,000.00 400,000.00
5 ESTIMATED OCTV GRANT-(7669 220,500.00 200,000.00
6 CAPITAL SUPPORT 200,000.00 0.00
7 2002 EOUIPMENT GRANT 40,000.00 24,000.00
8 2002 INTERN PROGRAM 0.00 14,000.00
9 INTEREST & MISe. INCOME 20,000.00 15,000.00
~ TOTALS: SI 514,318.00 $884,998.00
11
12 EXPENSE CATEGORIES 1001 BUDGET 1001 BUDGET
13 CAPITAL EOUlPMENT FUND
14 ANDOVER 100,000.00 5,000.00
15 ANOKA 100,000.00 5,000.00
16 CHANPLIN 100,000.00 5,000.00
17 RAMSEY 100,000.00 5,000.00
18 ASSOCIATE PRODUCERS
19 ASSISTANT - GP 10,000.00 10,000.00
20 AP-ANDOVER 15,000.00 15,000.00
21 AP-ANOKA 15,000.00 15,000.00
22 AP-CHAMPLIN 15,000.00 15,000.00
23 AP-RAMSEY 15,000.00 15,000.00
24 FICA & SOC. SECURITY 5,355.00 4,207.00
25 SALARIES - IT
26 ADMINISTRATOR SALARY 55,898.00 54,270.00
27 FICA & soe. SECURITY 4,276.00 4,155.00
28 PERA 3,092.00 2,815.00
29 HOSPIT ALIZA TION 1,800.00 1,650.00
30 PART TIME PERSONNEL
31 INTERN WAGES 14,000.00 14,000.00
32 SECRETARY WAGES 10,715.00 10,400.00
33 FICA & soc. SECURITY 1,890.00 1,866.00
34 SECRETARIAL SERVICES 1,120.00 850.00
/ 35 LTD/LIFE INSURANCE 225.00 225.00
36 GENERAL EXPENSES
37 AN SUPPLIES 2,000.00 2,000.00
38 ADMINISTRATION EXPENSE 400.00 400.00
39 ADVERTISING 300.00 300.00
40 AUDIT 4,500.00 4,500.00
41 AUDIT (franchise fees) 4,000.00 4,000.00
42 BLDNG. CLEANING 1,650.00 1,120.00
43 BLDNG. MAINTENANCE 1,000.00 1,000.00
44 BONDS 0.00 300.00
45 COMMISSION MISC. EXPENSES 1,500.00 1,500.00
46 COMMISSION PER DIEMS 3,570.00 6,500.00
47 CONFERENCE P ARTICIP A TION 5,000.00 6,500.00
48 COPYING 500.00 500.00
49 FURNITIJRE & FIXTIJRES 0.00 1,500.00
50 LEGAL 15,000.00 15,000.00
51 LEGISLATIVE LOBBYING 5,000.00 3,000.00
52 LIABILITY INSURANCE 4,000.00 3,000.00
53 M.A.C.T.A. DUES 450.00 400.00
54 MILEAGE 3,000.00 3,000.00
55 NATOA DUES 450.00 400.00
56 OFFICE EOUIPMENT 0.00 1,000.00
57 OFFICE SUPPLIES 800.00 600.00
58 PAYROLL FEES 1,320.00 1,000.00
59 POSTAGE 500.00 500.00
60 PRINTING 500.00 500.00
61 PUBLICATIONS 300.00 300.00
62 OCTV-OPERATING GRANT 445,000.00 400,000.00
63 DEBT SERVICE 165,000.00 5,742.00
64 TELEPHONE EXPENSES 2,000.00 2,000.00
65 VIDEOTAPE SUPPLY 2,000.00 2,000.00
/ 66 TOTAL: SI,238,1 I 1.00 $558,793.00
67 RESERVES 1001 BUDGET 1001 BUDGET
68 RESERVE FUND (General) 219,564.00 244,562.00
69 ANDOVER 5,124.00 5,124.00
70 ANOKA 33,091.00 33,091.00
71 CHAMPLIN 9,974.00 9,974.00
72 RAMSEY 8,454.00 33,454.00
73 TOTAL: $1 51018.00 $884 998.00
QUAD CITIES CABLE COMMISSION
2002 OPERATING BUDGET EXPLANATIONS:
13. CAPITAL EOUIPMENT FUND - Funds made available and paid to member cities for
video, audio and presentation equipment.
14, ANDOVER - $100.000,
15. ANOKA - $100.000.
16. CHAMPLIN - $100.000.
17, RAMSEY - $100.000.
18. ASSOCIATE PRODUCERS - Funds to pay salaries of personnel for municipal
programming and information/meetings coverage.
19. GOVERNMENT PRODUCER'S ASSSISTANT.
20. ANDOVER'S Associate Producer (pay range scale $7.50 to $11.50 based on 30 hrs/week.
21. ANOKA'S AP
22. CHAMPLIN'S AP
23, RAMSEY'S AP
24. F,I.C.A & SOCIAL SECURITY - Amounts by matched from payroll withholdings.
26, ADMINISTRATOR'S SALARY - The salary for the Administrator at $55,898. This
figure represents a budgeted 3% increase.
27. F.I.C.A & SOCIAL SECURITY - Amounts by matched from payroll withholdings.
28. PERA - Employer's contributions to Public Employee Retirement Association.
29. HOSPITALIZATION - Administrator's hospitalization coverage,
30. PART-TIME PERSONNEL
/ 31. INTERN WAGES -Intern program funds received from cable company.
32, SECRETARY WAGES -Funds to pay personnel to maintain clerical duties.
33, F,I.e.A & SOCIAL SECRUITY - Taxes matched from payroll withholdings.
34. SECRETARIAL SERVICES - Outside services to records minutes of meetings.
35. LTD/LIFE INSURANCE - Premiums for 12 months.
37. AN SUPPLIES - Supplies to support audio and video needs.
38. ADM. MISC. EXPENSES - Funds to cover out-of -pocket expenses incurred by the
Administrator.
39. ADVERTISING - Funds to pay for advertising expenses for public notices.
40. AUDIT - Money available for outside audit of Commission's bank accounts.
41. AUDIT - Money available for outside audit of Commission's franchise fees.
42, BUILDING CLEANING - 1/2 oftotal building cleaning expense.
43. BUILDING MAINTENANCE - Funds to cover minor repairs to building
44. BONDS - errors & omissions bond now part ofliability insurance provided by LMCIT via
T.C. Fields' agent.
45. COMMISSION MISe. EXPENSES - Expenses incurred by the Commission or one of the
Directors.
46. COMMISSION'S PER DIEMS - Per diems for Commission meeting and Committee
meeting.
47. CONFERENCE PAR TICIP A TION - Funds allocated for October MACT A conference
and September NATOA National Conference.
48. COPYING - Based on average expense for past 5 years.
49. FURNITURE & FIXTURES - zero due anticipated move into new building.
/ 50. LEGAL - Based on average legal expenses incurred over the past 5 years.
51. LEGISLATIVE LOBBYING-
52. LIABILITY INSURANCE - 1/3 of the 2002 quote from agent.
53, M.A.C.T.A. - 2002 dues for Minnesota Association of Cable TV Administrators
54. MILEAGE - Based on IRS per mile for reimbursement to Administrator and Government
Channel employees.
55. N.A.T,O.A. - 20001 dues for National Association of Telecommunications Officers and
Advisors (member NLC).
56. OFFICE EOUIPMENT - Funds allocated for office equipment.
57. OFFICE SUPPLIES - Based on average expenses for past 5 years.
58. PAYROLL FEES - Fees charged by P A YCHEX handle payroll.
59. POSTAGE - Based on average expenses for past 5 years,
60. PRINTING - Based on average expenses for past 5 years.
61. PUBLICATIONS - Funds for trade publications and trade books & manuals.
62. OCTV-15 OPERATING GRANT - Programming agreement requires the cable company
to pay 2.5% of their gross revenue to the Commission, the Commission in turn matches the
local programming payment with franchise fees,
63. DEBT SERVICE - payoff debt service on principle and interest on revenue bonds.
64. TELEPHONE EXPENSES - 1/2 of the costs for three service lines & one DSL line.
65. VIDEO TAPE SUPPLY - 10 cases per city.
/
/
(jJ
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
FROM: John Erar, City Administrator
SUBJECT: Receive AMM Housing and Economic Development Policy Recommendations
DATE: September 18,2001
INTRODUCTION
Over the course of the last several weeks, the Association of Metropolitan Municipalities (AMM)
has been meeting as a working committee to determine policies on Housing and Economic
Development. As the Council has expressed interest and concern with respect to legislative
mandates on affordable housing, I have been attending these meetings to monitor AMM
discussions and possible legislative initiatives in 2002.
DISCUSSION
Attached, please find copies of policies that have been adopted by the sub-committee that in turn
will be forwarded on to the full AMM Board for consideration and adoption. Again, this
information is being provided to keep Council informed and updated on this topic and is not
being presented as a recommendation on any particular item or initiative. In attending the
subcommittee's last meeting, I did express Council's general views on the need for supporting
transportation infrastructure systems and employment centers, recognition of a community's
unique geo-political and socio-economic characteristics, the need to retain local zoning control
and the need for a more regional approach on affordable housing.
If Council has comments on this information and would like to address specific points, my office
would be happy to draft a letter outlining Council's concerns and forward this to the AMM
Board.
ACTION REQUIRED
For information only. No administrative action is requested.
1
)
2
3
4 AMM Housing Policies
5
6 Staff Recommendations -August 28,2001
7
8 Underlined text = proposed new language
9 Strikethrough te](t - proposed deletions
10
11
12 Livable Communities Act (III-A)
13
14 The 1995 Legislature enacted the Livable Communities Act (LCA) to stimulate housing and
15 economic and community development in the metropolitan area. The act permits cities to access
16 about $11.0 million in funding for pollution clean-up, housing and redevelopment. As a
17 participant, a city must adopt affordable and life cycle housing goals and a plan to achieve those
18 goals.
19
20 Since its inception, the Metropolitan Council has been responsible for program implementation,
21 including the completion of an annual progress report. The report for the 1996 calendar year
22 indicates progress toward achieving the stated goals but also raises concern regarding the
/
23 preservation of affordable housing, particularly the demolition of housing units.
24
25 The AMM has maintained that the LCA should not be amended until there are progress reports
26 and experience with the LCA. Based on the reports and experience of cities, the AMM
27 recommends:
28
29 . The LCA should be continued.
30
31 . The LCA should be amended to eliminate the requirement that a city annually elect to be a
32 participant in the act and require by November 15 that a resolution to withdraw be approved.
33
34 . The state should appropriate funds for the LCA. The appropriation should not replace the
35 current funding sources but should be in addition to them.
36
37 . The Metropolitan Council, in cooperation with the LCA participants, should develop a
38 benclunark to measure a city's efforts to provide affordable housing. The benclunark should
39 replace the Affordable Life Cycle Housing Opportunity Amount (ALHOA).
40 "-
41 . The LCA amount should be amended to permit a development agency to apply for an LCA
42 program provided the development agency receives from the city council in which the
43 project will be located approval to submit the application and receive the grant.
44
1
45 . The Legislative Auditor should conduct a review of the Act to measure its effectiveness in
, 46 achieving its stated goals.
47
48
49 Federal Housin!! Policy (lII-B)
50
51 Historically. the federal government has provided funding for housing production and rent
52 subsidies, However. over the last decade. the federal government has significantly reduced its
53 funding commitment. As a result. the number of housing units affordable to low-income
54 households has not kept pace with the need.
55
56 Given the extent of the problem. state and local action alone will continue to be inadequate.
57 Federal involvement is needed in order to adequately address the affordable housing problem.
58
59 Therefore. the AMM recommends that the Governor. Legislature and local governments
60 throughout the region utilize memorializing resolutions and other means. such as public forums.
61 to notify members of Congress and other federal government officials of the need for federal
62 housng assistance,
63
64
65 State Housin!! Policy (III-C)
66
67 In recent years the State of Minnesota has been an active participant in addressing the affordable
68 housing problem. A variety of state policies have attempted to address the need for production
69 and maintenance of owner-occupied and rental housing affordable to low-income households.
70
71 The 2001 Legislature provided significant property tax relief for apartment properties. passed
72 legislation aimed at reducing regulatory barriers. allocated an additional $100 million in tax
73 exempt bonding authority for housing purooses and granted a sales tax exemption for building
74 materials and furnishings used in publicly-owned housing.
75
76 The Legislature also appropriated $105 million in state general fund resources to the Minnesota
77 Housing Finance Agency (MHFA). This equals 10 percent of the agency's $1.0 billion spending
78 plan for the current biennium but is not an increase in the agency's general fund appropriation.
79 The remainder of the plan will be funded through bond proceeds. investment earnings. and
80 federal funds.
81
82 However. !!iven the on!!oin!! shorta!!e. the state must step-up its efforts in the area of
83 affordable housin!!. Therefore. the AMM supports le!!islative approval of:
84
85 . A biennial appropriation equal to 20 percent ofMHF A's biennial spending plan.
86 . Programs that willeverage investments from non-state sources.
87 . A sales tax exemption for construction supplies and materials used in the production of any
88 new or rehabilitated affordable housing proiect.
89 . A mortgage and deed tax exemption for public agencies and private developers producing
90 affordable housing.
/
2
, 91 . Continuation of the housing preservation program for federally subsidized housing that could
, 92 be converted to market rate housing.
93 . Institution of a state tax credit for affordable housing.
94 . Continuation of the policy of not reducing a person's or a household's Minnesota Family
95 Investment Program monthly grant if they are residents of public or section 8 housing.
96
97 Local Authority GII-D)
98
99 Local governments do not have the financial resources to solve the region's affordable housing
100 problem alone. but they can complement federal tax credits and state grant programs through
101 land use policies and regulatorv modifications.
102
103 However, it is unclear whether cities have the legal authority to adopt and enforce an affordable
104 housing policy in cases where no federal. state or local funds are involved. For example, it is
105 unclear if a city can offer an incentive such as a densitv bonus for a developer to produce a
106 portion of the proposed development as affordable housing. An attempt was made to explicitly
107 provide this authority during the 2001 session. but it was unsuccessful.
108
109 To clarify cities' authority in this area. the legislature should:
110
III . Authorize Minnesota cities to adopt local policies that encourage the production of affordable
112 housing, The legislation should enable cities to draft ordinances or amendments to
113 ordinances that provide for a portion of new housing to be within income and purchase price
; 114 guidelines developed by the city. The enabling legislation should also permit cities to provide
115 for waiver of fees, density bonuses or modification of local regulation and similar measures
116 to stimulate housing production.
117
118 . Reaffirm that cities are responsible for and must retain the authority to regulate the location.
119 size and amount. and type of housing within their boundaries,
120
121
122 State Reusing Pelie)' (III B)
123
124 The "\MM recagaizes ana is eHcouraged by t.fle efferts aftbe legislarure regarding tbe pradactiea
125 and preservatien of afferdable heusiag. O'ler the flast several sessions the legislamre has
126 pnwided t.fle Minnesota Housing PiRanee "A.gene)' (MMP.A.) with additieaal foods te aedress
127 housiRg issBes. Par eJlaffii3le, t13.e 1999 Legislature sigRifieantly iRcreas@a the MMP.A.'S biel'Hlial
128 aJJpropriatian fer Rousing produetioR pragrams. Tbe 2000 Legislamre proviEied fimdiag fer rental
129 and owner occupied RoasiRg prodactioFl,
130
131 Te eontinue the eJlpansiaR oftbe state's eeanomy, the governor .malegislature sheulEi recegRize
132 the importanee ofbeusiRg ta eeoaomie vitality aHd family stability and should adept policies that
133 preserve eJlistiag Rousiag, permit the flreduetion of safe affordable aoasiRg and pro vi dB
134 reseurces ta produee and preSBl"\"e hoasing. The .\MM rBeammBRas the falla",,<ing:
135
136 Lend Use St€ll~dB,"ds Bl':d State !nsenti':es
3
137
; 138 . MinTlesota eities a,re respoflsible fer aRd shaRI a retain the authority te regl:llate the loeatien,
139 size aRa amcHmt, ana t),fle efhel:lsiag withiR their Beunda,ries, Milmesota eities: where tne
140 eounty has eapaeity, EJhol:lls flartner ,-,,4th the e01mty te flroyide affordable hel:lsmg.
141
142 . The state iR aR effmt te eneol:lm~e more affordable hel:lsing, SRol:lls al:lthorize eities on a
, l::> a' f
143 ':ehmtary basis ai1s13ro':ide irleentives fer sueh eOReepts as sensi1): b?lH:lses an mmes e
144 housing 1)'fles aRd priee raages. The iaeemives eaR be, btlt not Be lImited to, preflerty tax
145 class rates and sales tax EHcemptioRs :fer eeaGtruetioR materials.
146
147 . State fundiRg proyided for the iaeemives shClllld Hot real:lee mdEJtiRg programs.
148
149 Federal Reusing Pelief (III C)
150 While the state of Minnesota eomiffiles as a flartRer with loeal geyernmam in adckessiRg heRsiFlg
151
152 issues the federal govemmem, the traditienalleaaer iR heRsing polie)' Eievelopz:>em, has
153 deereased its in':olvemeat iR tiJ.e issue. The federal govemmem's laek of eemmltmem has eaasea
154 the other partFlers state aRaleeal govemmeflts t8 iaerease their ROl:lsiag eommitmeats, The
155 EJtate and loeal efforts have made an impaet but without a EJtrong feaeral flreseRee, the state and
156 loeal efforts will Be limitea. Therefore, the .\1111: EJtrengly ElReom-ages the fedaral geyernment to
157 be aetively engaged in Rel:lsiag pelisy aRd pregrammiag.
158 Histerieally the federal goyernmem has pro':iEled fuflding for housiag proal:lstieR and reRt
159
/160 subsidies, Over the last aeeade tiJ.e federal go'.'ernmeBt has redl:lead its fundiRg eemmitm.eBt aHa
161 has eaased a shortage of affordable hOl:lsing, Therefore, the .\1111 reeemmeads that tiJ.e feaeral
162 government inerease its partieipatioR aRd fundiRg iFl hcmsiRg,
163 MiRReseta HeusiRg FinaBee .~.geney (MHF.~.) Pregrams & .~.PflrepriatieBs (III D)
164 The 11HF Ns el:H. ,t biennial budget tetals $173. g milliclR. The buaget funds several programs
165
166 that rehabilitate reatal aHa 8WRer oeeaflied nOUSiRg, preallee new heusing, prevent
167 namelessness, and fiaa:FJ.ee tiJ.e flreservatioR ef aff-ordable federally sYbsidized hel:l~i~g. ~e
168 eurreRt bl:ldget eonsists 0[$121.0 million from the state ~e~eral ~d afla $5?! ffil11lClR lR federal
169 funds. .\11 of the feaeral reveRue is a "oae time" approflnatlClR as IS $41.0 mIllIon frem the
170 general fund.
171 BeiRg a'Na,re ofthe vital rale of hall sing in family stability ana iFl the eeeROffiY, the legislamre
172
173 should:
174 .^.flflrove a permaneat appropriatieR that is eEJ.ual te ene pereeRt efthe EJtate's biennial general
175 .
176 food bl:laget.
177
178 . 11iHdmize its inyestment iR RousiBg BY l"rima,rily fundiRg programs that le';erage iRyestFl'lems
179 frem Ron state som-ees.
180
4
'\ 181 . Continue tRe hel:lsiRg preser:atiea program fer feaerally saesidizea RousiRg that eoulEl Be
/182 EJew:erted to market rate aeusiRg.
183
184 Tax & PHhlie FiBaoee Paliey (III E)
185 State ROl:lsiRg polieies sholllEl iRelmle mere t.flaR appropriatioRs and eOl:lld eH~empass t~c 13~lieies
186 ana regulatory reform.. O','er the past several sessioRs fa~ legisl~e has eSBslEl~re~ legl~latHm to
187 redl:lee property tal: en remal bousiRg, exempt eeastruetlOH matenals and sH?pl1es ~~ea lR the
188 produetioR or rehabilitation of afferdable hOHsiRg from th~ sales talC, ~honze addlti~R~ tax
189
190 e]cempt bondiRg fer hOl:lsiRg, establish a low iRssme hOHsmg talC eredlt and reform. ae~SlRg
regl:llffiory praetiees. MaRY sftae proposals ha-':e Rot beeR adopted bl:lt shsl:lIEl Be eSRslElered as
191
192 part of a aOl:lsing strategy, Tae legislatare shoHld:
193 Provide a sales tEl-X e)cemptioR fer eonstruetisR slipplies aRElma-terials I:lseEl ia the eonstruetiea
194 .
195 or s1:1bstantial rehabilitatioR of aff-ordable heHsiag,
196 Em~mpt p1:1blie ageasies from paying tae mortgage and deed talC wheR de'lelopiRg or
197 .
198 providing for afferdable he~lSiRg aIld redevelopment.
199 Establish ineentives sHeh as an aiEl sr sredit progq-am. that eneoarages eities ts approve mHlti
200 .
201 fanlily Rousing iReludiRg affordable hSl:lsiRg.
202 Modify the talC elCempt Bond aUseation proeess so that aElElitiOl'lal bcmding autherity is made
,203 .
/204 available f-or residential remal housiag.
205 ContiIffie the poliey ef not redueiag a perseR's sr h~\,lsehold'~ Minnese~a Family IWlesfment
206 .
207 Pregram menthly grant if they are residents sfp1:1bhe er seehon g bO\,lSlRg,
208 Modify t.flS property tal. en resiael'ltial FeRta! proflerty te eResl:lrage rehabilitation and new
209 .
210 production.
211
212
213 }~fferdahle HaHsiBg Barriers (III F)
214 During the past se':eral years the area's hOHsiag market has e)(perieReea a vaeaasy :ate th~ is . ,
215 less thaIl twe pereeat. .^.s a resl:llt sffhe market it is dim.eult t? ~RCi afferd~le hsusmg. Pn~anl~
216
217 privffie market forees affeet the hOIlSiRg Slipflly bllt paehe poheles also ha:'. e a rele on the suppl)
218 and priee efnousing.
219 Being a-\vare oftne various faetors iR'lflaetiRg heus~Rg ~~sauetioR, the Metropol~taR C~unei~, :hs
220 legislature and the Bl:lilaers .^~ssoeiffiioR of the TWfR Clties (B.~.TC) are attemptlRg to ldel'ltlf')
221 barriers to affordable aOHsiRg. .^.mong the 13slieies beiRg elCamlFlea are talces: state an~ loeal
222 regulatieRs afld f-ees, laRd supply, de'ielopment 13reeedures, afld eempreheRSl':e phmnmg
223
224 implementatien.
,225
J
5
,226 The Metropeli-taH Cmmeil, thro1:lgn the Mayers' H01:lsiBg .^.a','isary Task Foree, is in the proeess
/227 of eJl3ffi.ining the role ef lasal goverFll'Rent in nOl:wing prodastiofl:. The task foree is revie.....ing
228 slieR iS8l:les as 20r-ling, ae','ele13HieHt reg1:llations, fees aRa 13141lie awareness. The task feree reflert
229 sholilese a';ailable in late 2990.
230
231 The Legislatiye .^.uditor is eoedueting a stuEl-y that is foe1:lsieg primarily on the effeet ef state
232 polieies and praetiees on the €lest aRa sUflply of affordable n01:lsiRg. The st-1:lay v.till alse eJ[amine
233 the state's role in defining leeal powers, The lffiditor's report is alie in Jannar)' 2001.
234
235 R^.TC Ras senduetea several studies that have reeommended that the MetreflelitaR Ursan
236 Serviee }\rea (MUS.^.) be ellPaHded so that Hiore ee','eleflal3le laRd be made available. B.^. TC is
237 also working on reports related to pub lie de'lelepmeB-t proeedl:H'es aHd fees.
238
239 Most metropolitan area eities haye adepted Rousing gaals assoeiated 'l.titn partieipatiaa in the
240 Livable Commanities .^.et (LC^.). Sinee the ifl:eeption oftbe LC^., HiaHY eities haye appre'led
241 aRd in most eases are partieipating ie the developmeB-t ef aff-erdable neusieg. The ability t8
242 remove barriers should assist eities in the prodl:letiol'l of affurdal3le a01.ising. The .'\MM sYpports
243 efforts to iImease t1:1e sYppl)' of afferdable hOlisieg ana ';.till develop speeifie legislative
244 proposals as the studies are eompletea and reviewed.
245
246 Homelessness (III C) (III-E)
247
248 Programs to assist the homeless are generally funded by a variety of public and non-profit
249 sources. Many of the programs such as the Stuart McKinney Homeless Prevention Act require
/
250 operating agencies to develop a community-based planning process to identify needs of the
251 homeless and adopt programs---continuum of care-to meet these needs. Continuum of care
252 includes services and housing types (shelters, transitional and permanent).
253
254 In the metropolitan area, counties in collaboration with other local governments and service
255 providers have developed continuum of care plans that have the goal of moving the homeless to
256 needed services or permanent housing. However, a recent study completed by Hennepin County
257 and the city of Minneapolis regarding homelessness in the county found that homeless adults can
258 not find permanent affordable housing. They also found that there is a need for more
259 coordination among the numerous metropolitan agencies involved in homeless assistance. The
260 report notes that in several regions of the state counties coordinate their continuum of care plans.
261 Therefore, it is recommended that:
262
263 . The supply of permanent assisted housing, particularly single room occupancy, be increased.
264
265 . Metropolitan counties should work together to initiate a coordinated planning process.
266
267 Family & Elderly Housing (III H) (III-F)
268
269 Demographic trends indicate that Minnesota's population is aging. For Emample, the
270 MetropolitaR COlineil projeets that the regiee's l1epl:llation age 65 aRd older will nearly deuble
271 from the year 2900 tEl 2020. SiRee HiOSt ofiae pepl:llatien ewns siegle fam.ily ROlasiRg ana they
6
,272 will be smaller househelds there eeuld be a demand fer smaller hORsing rmits. The elderly
/ 273 populatiell will also be older than their predeeessors. In the metropolitan area, the Metropolitan
274 Council reports that the number of persons age 75 and over will increase from approximately
275 110,000 in the year 2000 to 180,000 in 2020. Being aware ofthe trends, the legislature should:
276
277 . Provide additional resources to serve the low income elderly. Resources should include
278 housing as well as related services.
279
280 . Direct state agencies to provide information and technical assistance to local governments
281 regarding the population changes and their impacts on public services.
282
283 . Develop policies that encourage the development of housing for the elderly that is affordable
284 and provides an attractive alternative to current housing and preserves the current housing.
285
286
287 Community Housing Land Trusts fIII-B aU-G)
288
289 An affordable housing land trust is a non-profit corporation that is used to create an expanding
290 and perpetually affordable supply of owner-occupied housing. The land trust attempts to
291 maximize the cost-effectiveness of the public investment.
292
293 Land trusts are operative in Minnesota and 22 other states. Currently there are at least twe six
294 land trusts in Minnesota. Ronde COmHi-lffiity Land Trust ia St. PEHiI and Northern COffiRT1ffiities
j 295 Land Trust iFl Duluth, LaRd trusts are beiag eOFlsiderec:! ia WashiFlgtoFl County aRc:! in sub1:H'ban
296 Hennepin County.
297
298 The Minnesota Housing Finance Agency (MHF A) was authorized to assist in the funding of land
299 trusts. The one-time funding permitted land trusts to provide gap financing, interest rate
300 subsidies, predevelopment financing and financial underwriting costs. To assist the land trusts, it
301 is recommended that:
302
303 . A land trust capacity building program be authorized by the ~ 2002 Legislature. The land
304 trusts would be authorized to provide such services as gap financing, interest rate subsidies,
305 predevelopment financing and underwriting. The program should be administered by the
306 MHFA and be appropriated at least $500,000.
307
308 Inclusionarv Housinl! Study
309
310 The 2001 Minnesota Legislature directed the Office of State Planning and the Minnesota
311 Housing Finance Agencv (MHFA) to studv inclusionarv housing statues and ordinances
312 throughout the country and report to the legislature bv Januarv 15.2002. The report will also
313 make recommendations regarding approaches to encourage residential development that include
314 housing for a range of incomes. The legislation requires that in developing recommendations. the
315 state agencies consult with representatives of builders. developers, municipalities. local zoning
316 officials. housing advocates and local planning officials,
317
7
318 The first draft of the study without recommendations should be available in October 2001.
,319
/
320 The AMM will monitor the study and be active in the formation of the recommendations. In
321 formulating recommendations the agencies and representatives ofthe various groups should
322 consider actions that:
323
324 . Encourage the development of affordable rental housing.
325 . Provide for the opportunity for long-term affordability of rental and owner occupied housing.
326 . Include regulatory relief and modification of official controls as contributors to reducing
327 housing costs but recognize that these measures alone will not produce housing affordable to
328 households earning less than half ofthe area median income. In many instances a direct
329 financial contribution will be needed.
330 . Recognize that cities are responsible for land use decisions and that the responsibility should
331 not be reduced or transferred from the city.
332 . Establish a state policy that is implemented by local governments. The policy should include
333 incentives.
334
335
336
/
8
,
AMM Economic Development Policies
Staff Recommendations -August 28, 2001
Underlined text = proposed new language
8trikethnHigh text = proposed deletions
III-J Economic Development Responsibilities - REVISE?
III-K Tax Increment Financing - REVISED
III-L Property Tax Reform Impact on TlF - DROP
This policy has been achieved. Concepts that remain relevant can be blended
into TIF policy.
III-M Development Tools - REVISED
III-N Workforce Development - DROP
The major components of the Governor's Workforce Development reforms
were enacted in 2001.
111-0 Building Permit Fee Surcharge - DROP
, ,
III-P Group Homes --' NO CHANGE
1 Economic Development Responsibilities (III-J)
2
3 The state should continue to recognize cities as the primary unit of government
4 responsible for implementing economic development policies and land use controls. New
5 or amended economic development programs designed to address specific economic
6 circumstances within cities or counties should use problem definition as the criteria rather
7 than geographic location, city size or similar criteria.
8
9 (*** COMMITTEE DISCUSSION: Is there or should there be a
10 regional role in economic development I redevelopment? ***)
11
12 Tax Increment Financing (TlF) (III-K)
13
14 The property tax reform provisions of the 2001 Omnibus Tax Bill will have significant
15 negative impacts on new and existing TIF districts. As a result of class-rate compression
16 and the state takeover of all general education and transit operating levies. existing TIF
17 districts are expected to experience deficits of UP to 33 percent in the coming years. An
I
1
18 expanded grant program and special deficit authority were enacted during the 2001
J 19 session. but they need to be improved in order to adequately address the deficits caused
20 by the reforms.
21
22 Therefore, during the 2002 session. the Legislature should:
23
24 . Direct the Commissioner of Revenue to approve requests for pooling authority orior
25 to July 1 of each year, so that pooled increments can be used to pay August bond
26 payments.
27
28 . Review the grant program to clarify ambiguities and conflicts so that the Department
29 of Revenue and cities can implement the program with a minimum of delay and
30 uncertainty.
31
32 . Make inter-fund loans and pav-as-you-gO notes eligible for the grant program.
33 (*** committee discussion needed on this ***)
34
35 . Repeal the certified tax capacitv rate for all new and existing districts.
36
37 The Miilllesota Legislatoce auriRg t-he flre'liotls sessioR made sEweFal d'taRges te the Tax
38 Increment PiFlaFleing (TIP) ;\ct. .^.meng them "'ere ameRdmeRts relating te fleeling, the
39 use ofincremeHt fur flublie faeilities aRa the imflact ef13repert)' tLH[ ehanges on TIP.
40 Being aware efthe amt1Hdments and the Reea te reEiEwelefl, t-he TIP law shoula be
41 amenaed to:
42
43 Leea! Effort
44
45 . Eliminate the LG.\fH!.C.^. peRalty or allow an tmeeption frsm lev)' limits. If the
46 penalty is not eliminate a, the restristions en the seIKea ef paymeHt sflotlla be
47 removed.
48
49 . Authorize the l:lse effeeer-al graRts aRd other loea! fuRds fer Ieee! eeHtribl:ltioRs,
50
51 TIP Use
52
53 . EKempt reaevelepmeat distriets from the five year rule.
54
55 . Reaffirm t-hat cities aloRe sheald be autherizea te at'lprove eit)' iRitiated tLH[ iRersffieat
56 districts tma that cOlaHtias aRe sehoel Eiistriets sR(mla eoHtintle to hlPle the ability to
57 re'liew aRd eemmeHt S5 TIP,
58
59 . Pennit aU eities te establish hel:isiRg refllaeemeat (seattered site) distriets aRa allow
60 TIP to 13e used fer histerie flreservatien.
61
62 Heusim:
/ 63
2
,
64 . Modify the hOl:lsiBg ai[;triet ineame qualifieatiaR rel:lairemeflts ta allaw the levels ts
) 65 vary accordiRg to iadividaal regiElRS afthe state ar eSlHlties.
66
67 . Remove the LGNfL^.C.\. fleaalty imflosea aB hausiRg distriets estaelisheEl betweeR
68 1990 aRa 1993.
69
70 Relgertil'lf:
71
72 . Clarify t1:J.at the Omee sf State .^.aaitor (OS}.) mast give cities eo days tEl resfloBd to a
73 violatioR efthe TIP law prier ta sendiBg a netiee afthe 'lielatiaE. to the ealmty
74 attorney. The Botke to the eity must alsa state that at the eRa ofthe 60 day fleriElE! any
75 resolved issues will be seRt tEl ilie eal:lRty attarney fur flessible aetion,
76
77 . }.uthorize ilie OS.^. ta eondl:let a eemplianee re?iew af a tax iReremeRt distriet 'Niiliia
78 12 maF1ths sf t1:J.e date the aistriet is deeertifiea or t1:J.e iBeremeat is eeffil'llately
79 enpel1dea, whiohever is later, The State .^"aaitor, Hj3eB eompletioB afihe review and
80 resoll:ltiofl of eHtstanaiRg issl:les, ml:lst is SHe a eertifieatioB iliat the aistriet is eeffiJllete
81 and Rot soojeet te further aetiaBs by t.fle offiee.
82
83 . Clarify iliat an error af a naB suastaative manner is Bot a vielatioa af the law and
84 therefore the city sRel:1M Bet be fermally eited fer a violation of the reflertiRg
85 pro'lisions efihe TIP :\et.
86
87 . Require that the OS.\. flroviEle rElflartiRg emities '.v-ith a eheeklist of sfleeifie items that
88 v.ill be flart of a eamplianee or fiBal re'.'iew sf a distriot.
89
90 Praperty Tax Refarm Impaet a8 TlF (III L)
91
92 It is antieiflated that dwi.Bg the :!OOI SessieR, tae reform oftRe preflerty tall system eel:11d
93 eoatiffile. }.s part oft.fle "Big Plan" tRe Omee sftRe GS'lemer is proflesing a
94 restruet-l:lriRg eftRe preperty tall system throagh ehanges iB t.fie '.Yay eEkieatiaB is funaed.
95 It is possible that there will be additioRal flroflasals iliat eeHld iffil'laetJhe taJe levy or the
96 class rates and the chaRges eemlE! iffil'lact TIP. Therefsre, it is reeemmeaded:
97
98 . That the TIP graRt pre gram be eenthmed ana the GJ'lprefJriatioR be sameiem tEl meet
99 the impaets oftffie reform.
100
101 DeyelapmeBt Taals State Role in Redevelopment/Reinvestment (III-M)
102
103 Over the veal's. the state of Minnesota has provided cities with a varietv of programs to
104 assist in redevelopment. pollution cleanup. business retention and expansion. and
105 affordable housing. These programs include. but are not limited to. tax increment
106 financing (TIF). tax credits. loans and grants. and tax expenditures.
107
108 However. manv of these programs were negativelv impacted bv the tax reforms and
/ 109 budget appropriations enacted during the 2001 legislative session. For example. the
3
\ 110 Redevelopment Fund did not receive any appropriation and the Minnesota Investment
, 111 Fund received no increase in its appropriation. Revenues for existing TIF districts were
112 significantlv reduced as a result of the tax reforms. and the usefulness ofTIF for future
113 proiects remains uncertain.
114
115 The process of reinvesting in a city is continual. In addition to redevelopment needs.
116 manv metropolitan area cities are faced with significant expenses in order to maintain,
117 upgrade and replace their public infrastructure. including streets. utilities and various
118 other public facilities. While both cities and counties develop and adopt capital
119 improvement programs. cities do not have the authority to issue bonds to finance their
120 programs the wav counties do.
121
122 Therefore, durin!!: the 2002 session, the Minnesota Le!!:islature should ...
123
124 . Recognize the state role in reinvesting in cities. by refining old and developing new
125 tools and programs under which the state will partner with cities to provide financial
126 resources for development proiects that meet public policy obiectives.
127
128 (*** Committee discussion on this. What "public policy objectives"? Is
129 there a state role in development, or just redevelopment? ***)
130
131 . Grant cities the authority to prepare and fund a capital improvements program. that is
\ 132 based on citizen input and focuses on publicly owned infrastructure.
133
134 Over the past several sessicm.s, the legislature has pre','iaea sities with development teols
135 to reaevelop property, sleaR up pollHted sites aRa eFH;)el:lfage 1:nisiRess reteHtiofl and
136 eJ,paRsicm.. The toals ineIHae, bl:!t are Hot limited te, TIF, tax enpellditl:lfes and 10aRS ana
137 grants. Many 8ft-he state teels ha-ve s1:1pplemeffiea leea! efforts. To eeHtinue this state
138 loeal relatioRshij3, the legis!at1:Ire sReHld:
139
140 . ContiHue the Miooeseta IH:lestmeHt Food.
141
142 . Supj3ert inereasea funding fer the polhitieH deaR tlfl program admiHistered by the
143 Minneseta DepartmeHt of Trade and gseHomis DevelapHleR-t (DTED).
144
145 . R-equire eondenmatioH eommissioHers t8 seHsiaer the eost ef eerreetiHg poIImion
146 prOBlems iH determiHing the final vall:1e ef preperty.
147
148 . gstablisl1 an indemnifisatieR fuRa to previde flH8:B.sial sesurity for iRstitutieHs and
149 iFldividuals as they invest in aeveleping afl:a eIe8:B. tlfl of pelll:1tea sites.
150
151 . glimiRate the requiremeet to mateh a )'lertian efthe dean tlfl grant pre gram. with!ocal
152 general fooas,
153
154 . Malee permaReHt the Rede'lelepmeet Fund established iR 1998.
155
4
156 Warld'aree DeJ!:elapmeat (III N)
157
158 MiJ:mesota cities ha-'le BeeR respeRsible far ee'ielepmeHt aHd reaevelepmeRt aeti'lities.
159 UsiRg sHeh teals as foaeral aHd state grants, TIP and ravenne beads, eities have
160 stiJ:rnalatecl the eemmersial ana iadustrial preflerty devalopmeHt t~at has permitted
161 eam-panies te grew ana iasraase effiFlleymeat epparhlaities, Te sOFltiBl:ie to be
162 oom-petitive, hawever, eempaRies are soatiBHally traiaiRg its workforee iB the ase efaew
163 taals, systems ana teelmelagies.
164
165 Busiaess and ge'leI1lHl:eat are eeBeerned ab01:H the state's workferee. The gayernar's
166 offiee has prepared a '.verk f-eree de'.'elopFl1.eat framework that is iateBclea t8 Fl1.ake
167 Minnesota a worla eOffiFletiter iB the 21st Ceatmy. The Framewerk has t.e.e geal ef
168 keepiag Minnesota's 131:lsiResses eeffiFletiti'le 13y SUflportiFlg a fltndble, skillea 'liarkforee
169 and Sl+flportiRg effarts to iRcrease perseFlal iFlseme. Te adRe'le these geals, the
170 ge'lemor's offiee is reeommeadiag strategies that woah! elimiaate e8salete aRd
171 redUIldant programs aRd iaeatify aRd prom8te well pa-yiagje13s aBa skills efthe fiffiHe.
172
173 The frame':/Ork also resommeFlds that there 8e eallaboratieFl amoRg agefleies and that
174 available reS01:lreeS for workforce aevelepmeat are aaeqHate ana strategisally felOused.
175 BeiRg a'.vare that sities are resp8Rsi131e fur redevelopmeat ana eSOl'lemie aevel8pment and
176 that warkf-erse is a majer eompoRsat eftRe ae'lelapmeat it is reeommeRdea that:
177
178 . Warkf-eree legislatioR autharize sities te be iR'lah'ea ia workforee planniRg and
179 pro grammiFlg ,
180
181 . }l.ppropriate a portiea aftRe worHorse f't.maiRg for pre grams admiflisterea by cities te
182 traiR aRd er re traiB effiFlleyees of eampaaies partieipatiflg iB Iaeal gavernm.ent
183 redevelapmeat or aevelepmeflt activities,
184
185 Boildiag Permit Fee Soreharge (III 0)
186
187 Lacal gevernm.ents oellest a half perseflt sHr6harge on 81:lildiBg permits, The preeeeds ef
188 the sureharge are paid te t.e.e state ana are l:lsed te sUflpart the State Bl:lilding Ceaes aRd
189 Standards DivisioR. Prior te 1991, any i:meess prEleeeds were remittea on a pra rated basis
190 ta the leeal governm.eats, Te help with the ae'lelepmeat Elf afferda81e hOblsiag it is
191 recernmendea that:
192
193 . The preeeeds fram t.e.e l:milaiag permit sl:lreharge fee be paia ta the MHF}. for the
194 Sl:lpport of affardable hellsiag aRd that tl:te bblildiag eodes and standards divisioB 1313
195 mnded frem the state general mad.
196
197 Group Homes (III P) (III-M)
198
199 . State and COUIlty agencies must pravide timely notificatian to cities of facility license
200 requests and renewals and pravide adequate appartunity to respond. Cities must also
5
201 be aware of the special care needed by residents of such facilities in case of public
202 safety emergencies.
203
204 . Clustering of community residential facilities because of economic, geographic or
205 other factors should be avoided. Standards of non-concentration for state or county-
206 issued Requests for Proposals (RFPs) should be established.
207
208 . There must be an ongoing screening process, particularly in the correction area, to
209 insure that persons placed in a residential facility will benefit from such an
210 environment and will not be a danger to themselves or others. The licensing authority
211 must be responsible for removing any person found incapable of living peacefully in
212 such an environment.
213
214 . Facilities licensed by the corrections department should not be exempt from
215 reasonable local land use regulations.
216
217 . A fair share concept should be considered within the metropolitan area. However, this
218 concept should consider other factors including transportation facilities, job
219 availability and other needed support services.
220
221 . The licensing authority and/or legislature should allow cities to participate in the
222 search for facility locations in order to meet needs of the providers, facility residents
223 and the neighborhood.
/
6
\ 2001 AMM Housing and Economic Development Policy Committee
. Committee Roster
Bonnie Balach Tom Goodwin
Minneapolis Community City Councilmember, Apple Valley
Development Agency 13015 Garvin Brook Lane
105 5th Ave. S. Apple Valley, MN 55124
Minneapolis, MN 55401 Phone: (952) 997-7885
Phone: Fax: (952) 997-7886
Fax: Email:
Email:
Tom Harmening
Frank Boyles Community Development Director,
City Manager, Prior Lake St. Louis Park
16200 Eagle Creek Ave. SE 5005 Minnetonka Blvd.
Prior Lake, MN 55372-1787 St. Louis Park, MN 55416-2290
Phone: (952) 447-9801 Phone:
Fax: (952) 447-4245 Fax:
Email: fbovles@citvoforiorlake,com Email:
Sharon Cassen Regina Harris
. Councilmember, New Hope HRA Director. Bloomington
804060 Y2 Ave. N. 2215 W. Old Shakopee Rd.
New Hope, MN 55428 Bloomington, MN 55431-3096
Phone: (763) 537-5193 Phone: (952)563-8940
Fax: (763) 553-9757 Fax: (952)563-4977
Email: wacnsac 1 (aJ,qwest.net Email: rharris@ci,bloomington.mn.us
John Erar Ken Hartung
City Administrator, Andover City Administrator, Bayport
1685 Crosstown Blvd. NW 294 N. 3rd St.
Andover, MN 55304 Bayport, MN 55003
Phone: (763) 755-5100 Phone: (651) 429-2530
Fax: (763) 755-8923 Fax: (651) 439-7188
Email: ierar@ci.andover.mn,us Email: citvbavport(aJ,qwest.net
John Goedeke Ryan Kaess
City Councilmember, Roseville Assistant to the Mayor, Sf. Paul
2674 Virginia Ave 15 W. Kellogg Blvd., Rm. 390
Roseville, MN 551 I3 St. Paul, MN 55102
Phone: (651) 484-6889 Phone: (651) 266-8516
Fax: (651) 490-2276 Fax: (651) 266-8513
Email: Email: rvan,kaess@ci.stoau1.mn.us
I
- 1 -
James Keinath Samantha Orduno
City Administrator, Circle Pines City Administrator, Richfield
200 Civic Heights Circle 6700 Portland Ave.
Circle Pines, MN 55014-1788 Richfield, MN 55423-2560 / \
Phone: (763) 784-5898 Phone: (612) 861-9705 .
Fax: (763) 785-2859 Fax: (612) 861-9749
Email: Email: sorduno@cLrichfield.mn.us
Jan LeSuer Tim Ricker
City Councilmemeber, Golden Valley City Councilmember, Brooklyn Center
7810 Ewald Terrace 6301 Shingle Creek Parkway
Golden Valley, MN 55426 Brooklyn Center, MN 55430-2199
Phone: (763)595-0721 Phone: (763)569-3449
Fax: Fax: (763) 569-3494
Email: counci Imem berricker@,ci.brooklvn-center.mn,us
Joan Molenaar James Verbrugge
City Councilmember, Champlin Assistant Administrator, Eagan
11711 Douglas Drive N. 3830 Pilot Knob Rd.
Champlin, MN 55316-2423 Eagan, MN 55122-1810
Phone: (763) 427-8395 Phone: (651) 681-4603
Fax: (763) 323-7827 Fax: (651)681-4612
Email: Email: iverbrugge@citvofeagan,com
Richard Mussell Craig Waldron
City Councilmember, Anoka City Administrator, Oakdale \
2006 First Ave. N, Suite 203 1584 Hadley Ave. N ,
/
Anoka, MN 55303 Oakdale, MN 55128-5407
Phone: (763)421-5502 Phone: (651) 730-2705
Fax: (763) 421-8670 Fax: (651) 730-2818
Email: dmussell@worldnet.att.net Email: craig@ci,oakdale.mn.us
Jim Norman Liz Workman
City Administrator, Ramsey City Councilmember, Burnsville
15153 Nowthen Blvd NW 100 Civic Center Parkway
Ramsey, MN 55303-6140 Burnsville, MN 55337
Phone: (763) 427-1410 Phone: (952) 895-4400
Fax: (763) 427-5543 Fax: (952) 895-4464
Email: Email: Hz. workman@cLburnsville.mn.us
Anne Norris Heather Worthington
City Manager, Crystal City Administrator, Falcon Heights
4141 Douglas Dr. N 2077 W Larpenteur Ave.
Crystal, MN 55422-1609 Falcon Heights, MN 55113
Phone: (763) 531-1140 Phone: (651) 644-5050
Fax: (763) 531-1188 Fax: (651)644-8675
Email: anorris@ci,crvstal.mn.us hworthington@ ci,falcon-heights,mn.us
/ '\
/
-2-
James Keinath Samantha Orduno
City Administrator, Circle Pines City Administrator, Richfield
200 Civic Heights Circle 6700 Portland Ave.
Circle Pines, MN 55014-1788 Richfield, MN 55423-2560
Phone: (763) 784-5898 Phone: (612) 861-9705
Fax: (763) 785-2859 Fax: (612) 861-9749
Emai1: Email: sorduno@ci.richfield.mn.us
Jan LeSuer Tim Ricker
City Councilmemeber, Golden Valley City Councilmember, Brooklyn Center
7810 Ewald Terrace 6301 Shingle Creek Parkway
Golden Valley, MN 55426 Brooklyn Center, MN 55430-2199
Phone: (763)595-0721 Phone: (763)569-3449
Fax: Fax: (763) 569-3494
Email: counci 1m em berricker(ci)ci .brooklvn-center ,mn. us
Joan Molenaar James Verbrugge
City Councilmember, Champlin Assistant Administrator, Eagan
11711 Douglas Drive N. 3830 Pilot Knob Rd.
Champlin, MN 55316-2423 Eagan, MN 55122-1810
Phone: (763) 427-8395 Phone: (651) 681-4603
Fax: (763) 323-7827 Fax: (651)681-4612
Email: Email: iverbrugge@citvofeagan,com
Richard Mussell Craig Waldron
City Councilmember, Anoka City Administrator, Oakdale
2006 First Ave. N, Suite 203 1584 Hadley Ave. N
Anoka, MN 55303 Oakdale, MN 55128-5407
Phone: (763)421-5502 Phone: (651) 730-2705
Fax: (763) 421-8670 Fax: (651) 730-2818
Email: dmussell@worldnet,att.net Email: craig@cLoakdale,mn.us
Jim Norman Liz Workman
City Administrator, Ramsey City Councilmember, Burnsville
15153 NowthenBlvd NW 100 Civic Center Parkway
Ramsey, MN 55303-6140 Burnsville, MN 55337
Phone: (763) 427-1410 Phone: (952) 895-4400
Fax: (763) 427-5543 Fax: (952) 895-4464
Email: Email: liz.workman!w'ci.burnsville.mn,us
Anne Norris Heather Worthington
City Manager, Crystal City Administrator, Falcon Heights
4141 Douglas Dr. N 2077 W Larpenteur Ave.
Crystal, MN 55422-1609 Falcon Heights, MN 55113
Phone: (763) 531-1140 Phone: (651) 644-5050
Fax: (763) 531-1188 Fax: (651)644-8675
Email: anorris@ci.crvsta1.mn.us hworthington@ cLfalcon-heights.mn,us
-2-
@
/ 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
FROM: John Erar, City Administrator
SUBJECT: Accept Public Facility Use Policy
DATE: September 18,2001
INTRODUCTION
In response to previous discussions at both the staff and Council level, a written policy has been
developed to address procedures and guidelines regarding the public's use of City Hall meeting room
facilities.
DISCUSSION
The City Clerk's office has prepared a facility use policy addressing a variety of issues associated with
, the public use of City Hall conference rooms and the Council Chambers.
~
/
Once approved by Council, this policy will establish City guidelines and procedures addressing user
responsibilities in reserving and using public meeting space. This policy was also reviewed in light of
how other communities are currently handling the public use of their municipal facilities.
With respect to internal conference room use (A & B), staff discussed the need to ensure security of
interior staff office and work spaces, as well as computer system operations and is recommending that
these particular conference rooms be made available only during normal working hours secondary to
normal City business use. The Sheriffs Office will also be made aware of week-end and evening use of
the City Hall complex by public groups to ensure appropriate use of the facility and check building
security after public use.
At this time, rental fees have not been established for "for profit" group meetings, but will be reviewed
for the 2002 fiscal year. Staff is anticipating that Council will not want to charge non-profit, community
and governmental groups for their use of these public facilities,
ACTION REOUlRED
Consider the approval of the Public Facility User Policy as prepared and presented,
7Jll:
J n Erar
/
~ CITY OF ANDOVER
/
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304
(763) 755-5100. FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
PUBLIC FACILITY MEETING ROOM POLICY
Andover City Hall has four (4) meeting rooms available for public use that may be used
to conduct a wide range of community-based group meetings.
Scheduling of Andover City Hall meeting facilities will be coordinated through the City
Hall Receptionist during regular business hours. Business hours are Monday-Friday,
8:00 a,m.-4:30 p.m., excluding holidays.
1. RESERVATIONS/SCHEDULING GUIDELINES FOR CITY HALL
MEETING ROOMS.
Reservations may not be transferred or sublet to anyone other than the
person/organization making the reservations.
Cancellation of reservations should be made at least 24 hours in advance.
Any person reserving a meeting room must have a photo identification or MN
Driver's license, and a telephone contact number.
The City of Andover reserves the right to reschedule any and all reservations. If a
meeting reservation is rescheduled due to a room conflict, the City will contact
the person making the reservation at least 24 hours in advance.
2. PRIORITY OF USE.
Any event directly related to the operation of the City (i.e. city council/task
jorce/commission meetings/staff meetings/City business meetings) shall have first
priority of the meeting rooms. All other meeting room reservations will be taken
on a first come, first served basis.
3. DAMAGE DEPOSIT/FEES.
A damage deposit is not generally required, however the City reserves the right to
impose reasonable fees for the use of public facility. It is understood and agreed
to that groups who use the meeting rooms must leave the room in a clean and
orderly condition and tables/chairs are to be returned to their original positions.
The person/organization reserving the room will be responsible for cleaning and
disposing of any garbage from the meeting. The person/organization reserving
the room will be responsible for turning off the lights when the meeting is over.
If the room is left in disarray or damage occurs during use, the person/
organization reserving the room will be held responsible for damages and may
loose the privilege to use the meeting rooms. The City reserves the right to require
a refundable damage deposit as circumstances may dictate.
The City reserves the right to charge meeting room fees as may be approved by
the City Council.
The City of Andover does not assume liability for injury to participants or others
involved during the use of City facilities. All organizations must agree to
indemnify and hold harmless the City of Andover against any and all losses or
liability.
4. GENERAL RULES.
The person reserving the room shall:
A. Supervise the conduct of the members of their groups.
B. Use only the meeting room approved for use.
C. Leave the space used in a clean and orderly fashion. Each group will be
responsible for seeing that the facility is in the same condition when
leaving as entering. Pick up any garbage generated during the meeting.
D. Assume responsibility of setting up and taking down the tables and chairs
used for the meeting. All tables and chairs must be replaced exactly as
found and wiped down, if necessary.
E. Comply with all city ordinances, Minnesota State Statutes, federal laws,
and established rules for which apply to authorized us of Andover City
Hall.
F. The applicant will be held responsible for locking the building securely
and turning off all lights before leaving.
G. The group, individual, or organization using Andover City Hall must
provide competent adult supervision for the entire time that participants
are in the building or on the surrounding grounds.
H. The group, individual, or organization using Andover City Hall must agree
to compensate the City of Andover for all damages to facilities,
equipment, or other property owned by the city.
1. While telephone usage is available, only local non-toll calls are permitted.
J. Medical emergencies and/or situations requiring a public safety response
should be called in under the 911 emergency communications system.
5. ROOM CAPACITY.
To conform with Fire Code specifications, the Andover City Hall must limit the
capacity of the people in the meeting rooms as follows:
A. Council Chambers - 130 (occupancy limit)
B. *Conference Room A - 17
C. *Conference Room B - 15
D. Lobby Conference Room - 9
* (Available during regular business hours only)
6. KEYS TO THE FACILITY.
The person who reserves the room or another member of the organization can
pick up the key from the Andover City Hall Receptionist. The key must be
signed-out the day of use of the meeting room, between the hours of 8 :00 a,m. and
4:30 p.m. If meeting room is used on the weekend, the key must be signed out the
business day prior. Return the key to the reception desk after all doors are
secured.
7. PROHIBITED - Meeting rooms are provided for resident use to conduct a
variety of lawful community meeting activities. The activities listed below are
prohibited in goverrunental facilities.
Persons using City facilities should conduct themselves in an appropriate manner
at all times. Disorderly conduct of any kind including horseplay, swearing,
fighting and/or activities that may result in injury to oneself or others is strictly
prohibited.
The use of City facilities is limited to meeting activities. Activities such as
/ weddings, private parties, dances etc., are prohibited. If you have a question
concerning the type of social activities that may be permitted, please call the
City's reception staff.
Gambling, wagering or betting of any nature is strictly prohibited.
Alcoholic beverages and/or controlled substances of any type is strictly
prohibited.
Smoking in a public facility is a violation of state law and is prohibited in City
facilities.
FAILURE TO COMPLY WITH ANY OF THE AFOREMENTIONED
GUIDELINES MAY RESULT IN THE CANCELLATION OF EXISTING
RESERVATION AND FORFEITURE OF FUTURE USAGE OF THE CITY OF
ANDOVER FACILITIES.
The City hopes your use of these public facilities is an enjoyable and pleasant experience.
If you have any questions, concerns or suggestions on how the City can improve its
service to you as a facility user, please contact City Hall offices at 763.755.5100 during
normal business hours.
(})
/ 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 Administrato~
Scott Erickson, City Enginee
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Accept Feasibility Report/Order Plans & Specs/Ol-20illevonshire Estates-
Engineering
DATE: September 18,2001
INTRODUCTION
This item is in regards to approving the feasibility report and waiving the public hearing for
Devonshire Estates, Project 01-20. A copy of the grading, drainage, erosion control, utility and
/ tree plan was in the September 4th Council packet as to the utilities and the street locations for
your reVIew,
DISCUSSION
The City has received a petition, which has been accepted by the City Council, from the property
owner of Devonshire Estates for the improvement of sanitary sewer, watermain, streets and storm
sewer, Project 01-20.
FEASIBILITY REPORT
The proposed assessment is based on 2001 rates and they are as follows:
SANITARY SEWER (vrovosed connection charf!es)
Connections (units)
PIN # Previously assessed
33-32-24-13-0014 1
33-32-24-13-0049 1
2
8 total proposed units - 2 (previously) = 6 units
6 units x $322 for each unit = $1.932
WATERMAIN (vrovosed connection charf!es)
8 total proposed units
8 units x $1840 for each unit = $14.720
Mayor and Council Members
September 18,2001
Page 2 of3
SANITARY SEWER (vrovosed area charzes)
Total area of site = 1.21 acres
1.21 acres x $1,180 per acre = $1.427,80
WATERMAIN (vrovosed area charzes)
Total area of site = 1.21 acres
1.21 acres x $1,686 per acre = $2.040.06
SANITARY SEWER LATERAL
Previously assessed.
STREET AND STORM SEWER
Previously assessed.
ESTIMATED ASSESSMENT COST (Deve/over's resvonsibilitv)
Sanitary sewer (area connection charges) $3,359.80
Watermain (area and connection charges) $16,760,06
/ Engineering (20%) City Expenses - Public $4,023.97
WorkslEngineering of improvements
Aerial Mapping (1 % of improvement costs) $201.20
Drainage Plan (0.3% of improvement costs) $60.40
Assessing (1% of improvement costs) $201.20
Bonding (0.5% of improvement costs) $100.60
Testing (2%) $402.40
Construction Interest $0.00
TOTAL PROPOSED ASSESSMENT COST $25,109.63
Total Estimate Per Unit = $3.138,70 (8 units)
Note: Since the project is small, City staff is recommending that the developer be allowed to
install the improvements of sanitary sewer and watermain which will be public and the
streets and storm sewer which will be private and maintained by the association. The
improvements installed would be required to meet City standards, which the developer has
agreed to. City staff will perform inspections on the utility installations. Also, the
developer will be installing watermain along 138th Avenue NW from the west end of
Devonshire Estates to the east end of the developer. The developer has requested that the
/
Mayor and Council Members
September 18, 2001
Page 3 of3
City reimburse for half of the cost of the watermain that was to be installed as there is a
benefit to the property on the north side of 13Sth Avenue NW which would be assessed at a
later date when the property owners petition or by the City Council. City staff does
recommend that the developer be reimbursed for half of the cost of the watermain.
BUDGET IMPACT
The proposed $25,109.63 would be assessed to the development. The proposed reimbursement
of the watermain would be funded from the Watermain Trunk Fund.
ACTION REOUIRED
It is recommended to approve the resolution approving the feasibility report and waiving the
public hearing.
Respectfully submitted,
~~ Jk---
Todd Haas
I
cc: Dave Harris, Developer, 241 Jackson St., Anoka, MN 55303
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 Council Members
CC: John Erar, City Administrat~
Scott Erickson, City Engine
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Accept Feasibility ReportlWaive Public Hearing/Ol-23/3408 _142od Avenue
NWIWM - Engineering
DATE: September 18,2001
INTRODUCTION
This item is in regards to identifying the amount of the proposed assessment at 3408 - 1420d
Avenue NW, Project 01-23.
;
DISCUSSION
The City has received a petition from the property owner requesting the improvement of
watermain.
The proposed assessment was determined under Project 94-17, Quickstrom's Addition.
Per Project 94-17, the assessment per lot is $4,267.35. The assessment includes the area charge,
connection charge and lateral charge which are typical for any watermain assessment.
BUDGET IMP ACT
The improvement would be assessed to the property.
ACTION REOUIRED
It is recommended to approve the resolution accepting the feasibility report and waiving the
public hearing for Project 01-23, 3408 - 1420d Avenue NW.
Respectfully submitted,
~~
/
cc: Gregory Anderson, 3408 _142od Avenue NW
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. 01-23 FOR
WATERMAIN IN THE FOllOWING AREA OF 3408 _142NU AVENUE NW.
WHEREAS, the City Council did on the 3rd day of Julv ,
2001 , order the preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by the City Enqineer
and presented to the Council on the 18th day of September ,2001; 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 $ 4.267,35
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 $ 4.267.35 waive the Public Hearing and order
improvements.
BE IT FURTHER RESOLVED the property would be assessed over a..Q.
year period.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 18th day of September ,2001, 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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LEGEND Map andDaJa Sources: N
CiJy of Andover Departments: +
o Half Section Boundary Engineering;
Planning;
o Lots I Parcels Public Works;
GIS
.i~~1 Parks Scali: RF,
~___u_ Water Features _inclt-<IOOjHt J :(800
D Right-of-Way a., of AlMlov.. Addr_ Book. Addreu N..ben were cdIected rr.. Uae ....
Aac*. Comity AuelMr'1 o.tIIbae ..d lbe 1991 0ftIc::W Addreu Map for Aadoftr. so . so tOO 15O:ZOO:z!lO 300 360
Ptojed LoaIGoD: H:\GISDATA\CORE\PROJECT!M.UTOMAP.APR
(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 Council Members
CC: John Erar, City Administrato~
+Scott Erickson, City Engineer
FROM: David Berkowitz, Civil Engineer III
SUBJECT: Approve Change Order #1/00-37ffownhomes of Woodland Creek-
Engineering
DATE: September 18, 2001
INTRODUCTION
This item is in regards to approving a change order to the Townhomes of Woodland Creek,
Project 00-37. The change order resulted from the need to construct a retaining wall along the
south side of the plat adjacent to an existing trail.
DISCUSSION
A retaining wall was constructed to reduce the slope between an existing trail that runs between
Bunker Lake Boulevard and 137th Avenue. This improvement has been coordinated with the
developer ofthe project and they have requested it be included with the project.
BUDGET IMP ACT
This is part of the project and will be funded through assessments. The cost of this improvement
will be included with the total project cost and will be assessed back to the development.
ACTION REQUIRED
The City Council is requested to approve the resolution approving Change Order #1 for Project
00-37, Townhomes of Woodland Creek.
Respectfully submitted,
~CU.~L~
David Berkowitz
J
,
I
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.
00-37, TOWNHOMES OF WOODLAND CREEK.
WHEREAS, the City of Andover has a contract for Project No. 00-37 with
W.B, Miller, Inc. of Elk River, MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 00-37.
Adopted by the City Council of the City of Andover this 18th day of
September , 2001.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
J
I
CHANGE ORDER
CITY OF ANDOVER
Andover, MN September 18, 2001. Change Order No.-1-
To W.B, Miller. Inc,
For Proiect 00-37. Townhomes of Woodland Creek
For City of Andover
You are hereby directed to make the following change to your contract dated
Mav 15, 2001. The change and the work affected thereby are subject to all contract
stipulations and covenants. This change order will (increase) (decrease) (00-
change) the contract sum by Four Thousand Nine Hundred Fifty 00/100 Dollars
($4,950.00).
This change order provides for the following extra work:
Construct a retaining wall along the trail on the south side of the plat.
I
$22.00/SF X 225SF = $4,950.00
Amount of Original Contract $155.871.48
Additions approved to date (Nos. ) $ 0,00
Deductions approved to date (Nos. ) $ 0.00
Contract amount to date $155.871.48
Amount of this Change Order (Add) (Deduct) (No Change) $ 4.950.00
Revised Contract Amount $160.821.48
Approval City of Andover Approval W.B. Miller, Inc.
Contractor
BCJifb:- 9~9'-O I By 9-'-I~o(
City Engineer Date Date
n.\nATtJ.\~TA):'~~~t"INnll.A\):'ngU~\r.:n~nJ:gnn..'\7 nnr.:
@
/ 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 Council Members
CC: John Erar, City Administrato~
Scott Erickson, City Engineer
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Approve Resolution Accepting Street & UtilitiesfNorth Valley Ridge-
Engineering
DATE: September 18,2001
INTRODUCTION
This item is in regards to approving the final street and storm sewer construction of North Valley
\ Ridge.
J
DISCUSSION
The developer has completed the streets and utilities in North Valley Ridge.
ACTION REOUIRED
The City Council is requested to approve the resolution approving the final street and storm
sewer construction for the North Valley Ridge development as recommended by City staff.
Respectfully submitted,
1:::fI~
cc: Jim Fields, Developer, 15421 Round Lake Boulevard, Andover, MN 55304
,
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER
CONSTRUCTION OF NORTH VALLEY RIDGE AS BEING DEVELOPED BY
JIM FIELDS.
WHEREAS, the developer has completed the streets and storm sewer of North
Valley Ridge.
WHEREAS, the developer will be required to provide a 1 year maintenance
bond which will expire on September 18. 2002 prior to release of any of the
developer escrows,
NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to
hereby approve the final street and storm sewer construction of North Valley Ridge.
Adopted by the City Council of the City of Andover this 18th day of September ,
2001,
CITY OF ANDOVER
ATTEST:
Michael R, Gamache - Mayor
Victoria Volk - City Clerk
,- , L'-'~
I
/V~. V,ifLLEr"~"D~' - PrtEl-, """NAil-Y PlitT ."
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UN 2 0 2000
)F ANDOVER
Jth~_:
-
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VICINITY MAP
ENGINEER: Ross Abel, P.E.
4250 Crosstown Blvd.
Ham Lake, Minnesota 55304
763-434-3735
j -'l'" C?t?'>'-t;;I;'J11
k-...~-,-I #'
ne outlot for
'9 Ed Fields property to south.
G
, 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 Administratorq?t'
Scott Erickson, City Engineer
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Approve Plans & Specs/OO-17 dh A venue Trail - Engineering
DATE: September 18,2001
INTRODUCTION
This item is in regards to approving plans and specifications and obtaining quotes for the
construction of a trail along the east side of 7th A venue south of Bunker Lake Boulevard, Project
00-17.
J DISCUSSION
If the City Council recalls, due to the late time of year and additional stipulations required by the
Anoka County Highway Department, the City voided a contract with W.B. Miller, Inc. last
November. Also, if the City Council recalls there was anticipation that 7th Avenue was to be
overlayed and widened. The trail is anticipated to be included with the overlay but the project
was cancelled by Anoka County.
The trail is still necessary to provide a safe route to the Anoka County Library along Bunker Lake
Boulevard (see attached drawing). The City of Anoka has built a trail on the north side of
Bunker Lake Boulevard west of 7th A venue to the new library.
BUDGET IMPACT
The funding to construct the trail would be from the Trail Fund.
ACTION REQUIRED
It is requested to approve the resolution approving the plans and specifications and obtaining
quotes for construction of the trail.
Notre: The Park & Recreation Commission has continuously been updated by City staff from
meeting to meeting and the Commission has recommended to continue having the
project completed.
Respectfully submitted,
~~
cc: Valerie Holthus. Park Commission Chair
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
AUTHORIZING QUOTES TO BE OBTAINED TO PERFORM THE WORK FOR
PROJECT NO. 00-17 ,7TH AVENUE TRAIL
WHEREAS, pursuant to Resolution No. 024-01 , adopted by the City
Council on the 20tli day of February 2001 ,the City Enqineer has
prepared final plans for Project 00-17 for the ih Avenue Trail .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 18th day of September I 2001 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 18th day of September ,2001 I with
I Councilmembers
voting in favor of the resolution, and Councilmembers voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R, Gamache - Mayor
Victoria Volk - City Clerk
/
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CITY OF ANDOVER- t~'~~.;S:.:
<'" I "'<"1' ::
,,<1.; ~
REVISED FEB. 1990 REVISED DEC. 1998
REV. FEB. 1991 REV. OCT. 1997
REV. FEB, 1992 REV. JULY 1999 ~ ~ SHADED AREA DENOTES
REV. FEB. 1993 REV, SEPT. 2000 ~ PARK AREA
REV. MAR. 1994 REV. ~ odd
REV. APR, 1995 REV.
REV. OCT. 1998 REV. 'D I r
even ~
SCALE 1"= 1500'
HOUSE NUMBERING SYSTEM
1/2 3/4 I LOCATION MAP
MILE
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 Council Members
CC: John Erar, City Administrato~
Scott Erickson, City Engineer
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Declare Cost/Order Assessment RoI1/99-37/1680 Andover Boulevard
NW /WM & SS - Engineering
DATE: September 18, 2001
INTRODUCTION
This item is in regards to declaring cost and ordering assessment roll for 1680 Andover
Boulevard NW for watermain and sanitary sewer, Project 99-37.
,
DISCUSSION
The property owner had petitioned for these improvements earlier this year. This item is the first
step as required by law to be able to levy the assessment to the property.
BUDGET IMP ACT
This is proposed to be assessed to the property over a five year period.
ACTION REQUIRED
The City Council is requested to adopt the resolution declaring cost and ordering preparation of
assessment roll for Project 99-37, 1680 Andover Boulevard NW.
Respectfully submitted,
~~
Todd Haas
cc: Juanita Palo, 1680 Andover Boulevard NW
, /
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
, RES. NO,
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN &
SANITARY SEWER, FOR PROJECT 99-37, 1680 ANDOVER BOULEVARD
NW.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, the expenses incurred or to be incurred in the making of such
improvement amount to $ 7.932.99 so that the total cost of the improvement will
be $ 7.932.99
1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover, MN: The portion of the cost of such improvement to be paid by the
City is hereby declared to be $ 7.932,99 the amount to be assessed
against benefited property owners is declared to be $7.932.99
2. Assessments shall be payable in equal annual installments extending over a
period of 2.... years. The first of the installments to be payable on or before the
1 st Monday in January 2002 , and shall bear interest at the rate of 6
percent per annum from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
/ assessable lot, piece or parcel of land within the district affected, without regard
to cash valuation, as provided by law, and she shall file a copy of such
proposed assessment in her office for public inspection.
4, The Clerk shall, upon the completion of such proposed assessment, notify the
Council thereof.
MOTION seconded by Council member and adopted by the
City Council at a reQular meeting this 18th day of September, 2001 , 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
I
Victoria Volk - City Clerk
I ' I ~i "
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Map and Data Sources: N
- - City of Andover Departments: +
Jnu.....Y Engineering;
Planning;
Public Works;
GIS
Scali: RF.
_Inclt... 400frr. I: 4,800
Cty of AHml!l' Addrss Book. Addl'ftS N..ben ~re CCIIlectecI tro. tile ,...
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Pro}ed Locadoa: H:\GISDAT A\CORK\PROJEC'fSlAUTOMAP.APR
@
/ CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.Cl.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrato~
Scott Erickson, City Enginee
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Declare Cost/Order Assessment RolI/Ol-8/732 _140th Lane NW/WM & SS-
Engineering
DATE: September 18,2001
INTRODUCTION
This item is in regards to declaring cost and ordering assessment roll for 732 - 140th Lane NW
for watermain and sanitary sewer, Project 01-8.
/
DISCUSSION
The property owner had petitioned for these improvements earlier this year. This item is the first
step as required by law to be able to levy the assessment to the property.
BUDGET IMP ACT
This is proposed to be assessed to the property over a five year period.
ACTION REOUIRED
The City Council is requested to adopt the resolution declaring cost and ordering preparation of
assessment roll for Project 01-8, 732 - I 40th Lane NW.
Respectfully submitted,
~/~
Todd Haas
cc: Craig & Ruth Kostelecky, 732 -140th Lane NW
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN &
SANITARY SEWER, FOR PROJECT 01-8, 732 _1401H LANE NW
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, the expenses incurred or to be incurred in the making of such
improvement amount to $ 8,084.48 so that the total cost of the improvement
will be $8,084.48
1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover, MN: The portion of the cost of such improvement to be paid by the
City is hereby declared to be $ 8.084.48 the amount to be assessed
against benefited property owners is declared to be $8,084.48
2. Assessments shall be payable in equal annual installments extending over a
period of ~ years. The first of the installments to be payable on or before the
1 st Monday in January 2002 , and shall bear interest at the rate of 6
percent per annum from the date of the adoption of the assessment resolution,
3, The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard
/ to cash valuation, as provided by law, and she shall file a copy of such
proposed assessment in her office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the
Council thereof.
MOTION seconded by Councilmember and adopted by the
City Council at a reQular meeting this 18th day of September, 2001 , with
Councilmembers voting in
favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATIEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
/
14123
752
/
433
BUNKER LAKE
~ City of LEGEND
Andover NORTH 1/2 SECTION: 36
J Half Section TOWNSIllP: D Half Section Boun
32 RANGE: 24
Address Book D Lots I Parcels
!C.,:~'(.l Parks
Map Date: July 22, 1999 L~ Water Features
D Right-of-Way
~ --
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N. W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.Cl.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrato~
FROM: Scott Erickson, City Engineer
SUBJECT: Approve Quote/OO-36/Makah Street NW & 149th Lane NW/Storm Sewer
Repair - Engineering
DATE: September 18, 2001
INTRODUCTION
The City Council previously ordered and approved plans to repair the storm sewer at Makah
Street NW & l49th Lane NW, Project 00-36. Staff has obtained pricing to have this work
completed this fall.
DISCUSSION
Due to excessive erosion and a failure of the pipe outlet, it is necessary to replace and repair the
storm sewer and adjacent areas at this location. Staff has obtained pricing for this improvement
from contractors that have successfully completed projects for the City in the past. The pricing
received for the Makah Street NW & 149th Lane NW storm sewer repair is as follows:
Yolk Sewer & Water, Inc. $45,119,00
Hydrocon, Inc. $45,760,00
W,B. Miller, Inc. $51,433.00
Burchville Construction $56,880.00
BUDGET IMPACT
Funding for this work will be paid for under the Storm Sewer Budget.
ACTION REOUlRED
The City Council is requested to award the quotation to Yolk Sewer and Water, Inc. in the
amount of $45,119.00 for Project 00-36, Makah Street NW & 149th Lane NW Storm Sewer
Repair.
Respectfully submitted,
. I
.J.v~~
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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 Council Members
CC: John Erar, City Administratorfit
Scott Erickson, City Engineer
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Accept ResignationlPark & Recreation Commissionillavid O'Toole -
Engineering
DATE: September 18, 2001
INTRODUCTION
This item is in regards to the resignation of a Park & Recreation Commissioner, David O'Toole.
DISCUSSION
i Commissioner O'Toole did offer his resignation at the last Park & Recreation Commission
meeting of September 6th. Attached is the portion of the Commission meeting minutes for your
revIew.
ACTION REOUIRED
The City Council is requested to accept the resignation of David O'Toole.
Respectfully submitted,
~/L--
Todd Haas
cc: Valerie Holthus, Park Commission Chair
Commissioner O'Toole stated that he has decided to offer his resignation from the Park
Commission. He stated that he feels the responsibilities have become very time
consuming and the meetings have become very unproductive, therefore he is choosing to
resign. However, he did mention that over the years he has enjoyed his time on the
Commission.
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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 Council Members
CC: John Erar, City Administra~
Scott Erickson, City Engine V',;' l--
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Approve Appointment/Park & Recreation Commission - Engineering
DATE: September 18,2001
INTRODUCTION
This item is in regards to appointing an alternate to complete the term of David O'Toole.
DISCUSSION
The alternate that was selected to fill the term of Commissioners that could not complete their
remaining term is Chris DeLaForest. Mr. DeLaForest has indicated to City staff that he would be
willing to complete the term of David O'Toole. The term expires on December 31, 2002.
ACTION REOUlRED
The City Council is requested to appoint Chris DeLaForest to serve the remaining term of David
O'Toole.
Respectfully submitted,
t:{{i'4-
j
cc: Valerie Holthus, Park Commission Chair
(jj)
, ) 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 Administrator~
David Carlberg, Community Development Director 'i?-
FROM: Courtney Bednarz, City Planner
SUBJECT: Approve Amended Special Use Permit (01-07)/Extend Mining Permit/16689
Hanson Boulevard NW - Planning
DATE: September 18,2001
INTRODUCTION
The applicant is requesting an extension in the duration of the above referenced Special Use
Permit. The extension will allow the applicant additional time to complete the grading plan
which was approved with the original application in 1989. The Special Use Permit was amended
in 1991 and 1996. Annual inspections have been conducted since that time. The permit expires
/ on November 6, 2001.
DISCUSSION
Ordinance 8 provides the criteria for review of mining permits. Annual inspections are
conducted to ensure that the site is in conformance with ordinance requirements as well as
additional conditions of the Special Use Permit.
Avvlicab1e Ordinances
Ordinance No.8, Section 4.24, requires that a Special Use Permit be obtained for mining and that
the following items be submitted upon application:
(A) A plan for finished grade which will not adversely affect the surrounding land or
the development of the site on which the mining is being conducted; and
(B) The route of trucks moving to and from the site.
Ordinance No.8, Section 5.03, regulates the Special Use Permit process as well as the Amended
Special Use Permit process and outlines the following criteria for review:
1) The effect of the proposed use upon the health, safety, morals and general welfare
of the occupants of the surrounding land.
/ 2) The existing and anticipated traffic conditions including parking facilities on
adjacent streets and land.
Page Two
/ ASUP 01-07, North Lexington Land.
16689 Hanson Blvd NW
September 18,2001
3) The effect on values of property and scenic views in the surrounding area.
4) The effect of the proposed use on the Comprehensive Plan.
Adiacent Zoning and Land Use
All surrounding land is zoned for R-1, Single Family Rural. Rural residences exist to the west
and south.
General Review
The mined area is approximately two acres and is located 660 feet east of a home partly owned
by Richard Kuiken, the operator. The mining operation is screened from view from all land
owners. The applicant is actively grading the site to the specifications of the attached site plan,
and the 1996 resolution. The only concern relative to the conditions of approval is the periodic
existence of steep slopes as mining activities are conducted. A condition of approval limits these
\ areas to a maximum of 4:1 slope.
I
The site is located outside the MUSA boundary and guided for low density residential
development. In the event that this property develops for this purpose, the ponds that are being
created can be used for both storm water collection and as an amenity for the future residential
neighborhood.
Additional Conditions
The following conditions are a part of Special Use Permit #96-19 and will also be included in the
amended permit:
1) That safety precautions be taken at the end of each working day to prevent injury to
playing children, bike riders and snowmobilers, etc.
2) That the applicant provide the City with a security bond to hold harmless for
restoration of the site as determined by the City Engineer.
3) That signs be placed on both sides of the driveway at Hanson Boulevard to signal the
presence of trucks hauling.
4) That the applicant only alter the topography to perform necessary mining operations.
/ 5) That the roadway be watered to control dust.
Page Three
, ASUP 01-07, North Lexington Land.
/ 16689 Hanson Blvd NW
September 18,2001
6) That the hauling of material be limited to Monday through Friday, 8:00 A.M. to 8:00
P.M. and Saturdays, 8:00 A.M. until 4:00 P.M.
(7) That the applicant restore the banks of the mined area after excavation with
approved topsoil, seed, and lor vegetation or brush to control erosion.
(8) That the applicant obtain all necessary permits, including, but not limited to, the
following organizations: Department of Natural Resources, U.S. Army Corps of
Engineers, and Coon Creek Watershed District.
(9) That the permit be subject to an annual review and renewal by the City and be limited to
five years from the adoption of this resolution.
Attachments
Resolution
Location Map
Site Plan
'\ Planning and Zoning Commission Minutes
/
PLANNING AND ZONING COMMISSION RECOMMENDATION
The Planning and Zoning Commission unanimously recommended approval of this Amended
Special Use Permit application.
Respectfully submitted,
~ffUJ:t
Cc: D. F. Kuiken, Inc. (8535 Central AVE. NE, Blaine, MN 55434)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -01
A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF
NORTH LEXINGTON LANDSCAPING TO ALLOW FOR THE CONTINUATION OF SOIL
MINING PURSUANT TO ORDINANCE NO.8, SECTION 4.24 ON PROPERTY LOCATED
AT 16689 HANSON BOULEVARD NW.
WHEREAS, North Lexington Landscaping has requested an Amended Special Use Permit to
allow for the continuation of soil mining pursuant to Ordinance No.8, Section 4.24 on property
located at 16689 Hanson Boulevard NW, legally described as follows:
The Southwest 1/4 of the Southwest 1/4 of Section 11, Township 32, Range 24 except the
South 660 feet of the West 687 feet thereof; also except roads subject to easements of
record.
/ WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of Ordinance No.8, Section 4.24; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals, and general welfare of the City of Andover;
and
WHEREAS, a public hearing was held and there was no opposition to the request; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the Amended Special Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Amended Special Use Permit on said property with the following conditions:
1) That safety precautions be taken at the end of each working day to prevent injury to
playing children, bike riders and snowmobilers, etc.
2) That the applicant provide the City with a security bond to hold harmless for
restoration of the site as determined by the City Engineer.
3) That signs be placed on both sides of the driveway at Hanson Boulevard to signal the
presence of trucks hauling.
4) That the applicant only alter the topography to perform necessary mining operations.
--
, 5) That the roadway be watered to control dust.
6) That the hauling of material be limited to Monday through Friday, 8:00 A.M. to 8:00
P.M. and Saturdays, 8:00 A.M. until 4:00 P.M.
(7) That the applicant restore the banks of the mined area after excavation with
approved topsoil, seed, and lor vegetation or brush to control erosion.
(8) That the applicant obtain all necessary permits, including, but not limited to, the
following organizations: Department of Natural Resources, U.S. Army Corps of
Engineers, and Coon Creek Watershed District.
(9) That the permit be subject to an annual review and renewal by the City and be limited to
five years from the adoption ofthis resolution.
Adopted by the City Council of the City of Andover on this _ day of ,2001.
CITY OF ANDOVER
/
ATTEST: Michael R. Gamache, Mayor
Victoria V olk, City Clerk
/
North Lexington Landscaping
Amended Special Use Permit - Mining Operation
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! Regular Andover Planning and Zoning Commission Meeting
,
/f Minutes -August 28,2001
!
Page 3
Motion by Hedin, seconded by Green d, to recommend to the City Council approval of
Resolution No. R_-OI, amendi 0 the Comprehensive Land Use Plan of the City of
Andover from URL, Urban R dential Low Density to URM, Urban Residential Medium
Density. Motion carried 0 7-ayes, a-nays, a-absent vote.
PUBLIC HEARING: AMENDED SPECIAL USE PERMIT (01-04) TO EXTEND
~ DURATION OF MINING PERMIT FOR PROPERTY LOCA TED AT 16689
HANSON BOULEVARD NW - RICHARD KUIKEN.
Mr. Bednarz explained that the applicant is requesting an extension in the duration of the
referenced Special Use Pennit. He stated that the extension will allow the applicant
additional time to complete the grading plan which was approved with the original
application in 1989. The Special Use Permit was amended in 1991 and 1996. Annual
inspections have been conducted since that time. The permit expires on November 6,
2001.
Mr. Bednarz stated that Ordinance 8 provides the criteria for review of mining permits.
Annual inspections are conducted to ensure that the site is in conformance with ordinance
requirements as well as additional conditions of the Special Use Permit. He stated that if
I approved all applicable ordinances would be required to be met.
Mr. Bednarz stated that all the land surrounding the area is zoned for R -1, Single Family
Rural. Rural residences exist to the west and south. He stated that the mined area is
approximately two acres and is located 600 feet east of a home partly owned by Richard
Kuiken, the operator. The mining operation is screened from view from all land owners.
The applicant is actively grading the site to the specifications of the attached site plan,
and the 1996 resolution. The only concern relative to the conditions of approval is the
periodic existence of steep slopes as mining activities are conducted. He mentioned that
a condition of approval limits these areas to a maximum of a 4: 1 slope.
Mr. Bednarz explained that the site is located outside the MUSA boundary and guided for
low-density residential development. In the event that this property develops for this
purpose, the ponds that are being created could be used for both storm water collection
and as an amenity for the future residential neighborhood.
Commissioner Hedin questioned if staff has had any recent contact with Mr, Kuiken. Mr.
Bednarz stated that staff has had contact with Mr. Kuiken a couple different times in the
last few weeks.
Commissioner Hedin questioned why Mr. Kuiken was not present. Mr. Bednarz stated
that he was unsure as to why he wasn't in attendance,
Regular Andover Planning and Zoning Commission Meeting
Minutes-August 28,2001
Page 4
Commissioner Daninger questioned ifthere have been any complaints. Mr. Bednarz
stated that there haven't been any complaints regarding the request.
Commissioner Hedin questioned what it is taking so long to finish the project. Mr.
Bednarz explained that they are extracting material as needed to complete landscaping
projects elsewhere, therefore they aren't in a rush to complete the project.
Commissioner Hedin questioned Mr. Bednarz on when the project should be finished.
Mr. Bednarz stated that it should be completed sometime in the next five years.
Chair Squires questioned if the original performance bond is still good. Mr. Bednarz
stated that it is $1,000 cash.
Commissioner Falk questioned how the bond detennines how much. Mr. Bednarz stated
that he looked back to find information on the bond, however wasn't able to find much as
to how the amount was determined.
-
Commissioner Kirchoff questioned if one of the two ponds is completed. Mr. Bednarz
stated that that is correct.
/ Commissioner Greenwald questioned if they plan to use the same driveway entrance. Mr.
Bednarz stated that that is correct.
Commissioner Greenwald questioned the reason for the statement in the staff report in
regards to the concern for the periodic existence of steep slopes as mining activities are
conducted. Mr. Bednarz explained the purpose of this statement.
Commissioner Daninger questioned if this is normal that the project hasn't ended. Mr.
Bednarz stated that it isn't atypical for mining pennits to take an extended period of time
for a project to be completed. He mentioned that staff does periodically monitor the site.
Commissioner Daninger questioned if the permit is always five years, Mr. Bednarz stated
that that is correct.
Commissioner Daninger questioned if this could be changed. Mr. Bednarz stated that the
length of the permit could be changed if so desired.
Motion by FaIk, seconded by Kirchoff to open the public hearing at 7:20 p.m. Motion
cani.ed on a 7-ayes, O-nays, O-absent vote,
There was no public input.
Motion by Kirchoff, seconded by Hedin, to close the public hearing at 7:20 p.m. Motion
cani.ed on a 7 -ayes, O-nays, O-absent vote.
7
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Regular Andover Planning and Zoning Commission Meeting
Minutes-August 28,2001
Page 5
Commissioner Dalien stated that he has no problem honoring the request again, since
there have been no complaints as long as the material is taken out as needed and the
changes will only enhance the property,
Commissioner Hedin stated that he will support the request as long as the neighbors don't
mind.
Commissioner Daninger stated that his concern is the time frame on the project. He
mentioned that it makes it difficult that the applicant isn't present and able to give a time
frame.
Commissioner Greenwald stated that he doesn't have a problem with the request. He
questioned if Mr. Kuiken could construct a dozen ponds, Chair Squires stated that Mr.
Kuiken can only construct two ponds,
Commissioner Daninger stated that he would rather not approve the request for five year?. -
He suggested approving the permit for one year and then next year when the permit is up
for approval the applicant can make sure he's present to answer any questions or
concerns.
/
Mr. Bednarz mentioned that when the grading is completed they will need to certify that
it matches the original grading plan.
Commissioner Kirchoff stated that he feels it's a good use next to the pipeline as long as
the neighbors don't mind.
Motion by Dalien, seconded by Falk, to recommend to the City Council approval of
Resolution No. R_-Ol, granting the Amended Special Use Permit request of North
Lexington Landscaping to allow for the continuation of soil mining pursuant to
Ordinance No.8, Section 4.24 on property located at 16689 Hanson Boulevard NW,
subject to the following conditions:
1. That safety precautions be taken at the end of each working day to prevent injury to
playing children, bike riders, and snowmobiler's, etc.
2. That the applicant provide the City with a security bond to hold harmless for
restoration of the site as determined by the City Engineer.
3. That signs be placed on both dies of the driveway at Hanson Boulevard to signal the
presence of trucks hauling,
4. That the applicant only alter the topography to perform necessary mining operations,
5. That the roadway be watered to control dust.
6. That the hauling of material be limited to Monday through Friday, 8:00 A.M. to 8:00
P.M. and Saturdays, 8:00 A.M. until4:00 P.M.
-
Regular Andover Planning and Zoning Commission Meeting
, Minutes - August 28, 2001
Page 6
7. That the applicant restores the banks of the mined area after excavation with approved
topsoil, seed and/or vegetation or brush to control erosion.
8. That the applicant obtain all necessary pennits, including, but not limited to, the
following organizations: Department of Natural Resources, U.S. Army Corps of
Engineers, and Coon Creek Watershed District.
9. That the pennit be subject to an annual review and renewal by the City and be limited
to five years from the adoption of this resolution.
Motion carried on a 6-ayes, I-nay (Daninger), O-absent vote.
PUBLIC HEARING: ORDINANCE AMENDMENT (01 '(3) - TO REVIEW
AMENDMENT TO ORDINANCE NO. 219 - AN ORD. 'ANCE REGULATING AND
CONTROLLING WEEDS AND GROWING GRASS S AND OTHER HARMFUL
VEGETATION IN THE CITY OF ANDOVER.
Mr. Bednarz presented the Commission with th rdinance Amendment including the
recommended change~fi"om the-last Planning d Zoning Commission meeting. He
mentioned that a fourth change was made to ection 3C, point #4 that wasn't discussed at
the last meeting, to require the side yard s ack area to be maintained adjacent to the
principle structure on corner lots, He st ed that this addition is similar to the addition
/ made to Section 3C, point #3.
Commissioner Dalien stated that h was happy to see the change to allow natural areas on
properties less than one acre. H nentioned that it's important and often times nice to
leave some of the yard in a nat al state.
Motion by Hedin, seconde y Daninger, to open the public hearing at 7:28 p.m. Motion
carried on a 7 -ayes, O-nay , O-absent vote.
Motion by Daning , seconded by Dalien, to close the public hearing at 7:28 p.m.
Motion carried 0 a 7 -ayes, O-nays, O-absent vote,
Commissione Greenwald questioned ifthe 20 complaints are unusually high. Mr.
Bednarz sta d the number of complaints is similar to previous years from the files he's
looked at.
Corom ssioner Greenwald questioned how a nonnal citizen would know there's been a
change to the ordinance. Mr. Bednarz stated that there is a public notice posted in the
%ka County Union, m .ddition thi, i, tho tlilld tolovi"d mooting di,,,,,,,,;,,g tho
/ o dinance and he has spoken to several people that have had an issue with this ordinance
in the past.
(l1y
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: John Erar, City Administrator
SUBJECT: Authorize Relocation Payment - Eminent Domain Land Acquisition\Water
Treatment Plant
DATE: September 18,2001
INTRODUCTION
The City is in the process of acquiring property at 1813 Crosstown Boulevard for the
construction of a new Water Treatment Plant through eminent domain proceedings. Court
proceedings as specified by state statute require the City to underwrite the cost of property
owner/tenant displacement through rental relocation assistance payments.
DISCUSSION
The City Attorney has received and reviewed the final report from Conworth, Inc, a relocation
assistance firm, regarding rental assistance and relocation benefits for Ernst Smith, the former
tenant at 1813 Crosstown Boulevard. The amount of $15,459.24 has been determined and is
documented to provide the tenant with rental relocation assistance for 42 months. The former
tenant is entitled to relocation payments in accordance with Federal regulations implementing the
Uniform Relocation Assistance and Real Property Acquisition Act of 1970.
An excerpted copy of the report describing how the relocation subsidy was determined is
attached to this staff report for Council review.
The City Attorney has reviewed the report and agrees that it complies with the requirements of
Minnesota law.
BUDGET IMP ACT
Funding for relocation assistance is provided for under the total cost of land acquisition for the
Water Treatment Plant project that will ultimately be financed through general obligation water
revenue bonds. Total land acquisition costs will be determined through an independent review
board and appraisal process under eminent domain guidelines.
/
ACTION REQUIRED
Authorize the payment of rental assistance relocation costs in the amount of $15,459.24 as
recommended by the City Attorney.
Respectfully submitted,
/
,cQuisition
~
~elocation
:onworth, Inc.
725 Excelsior Boulevard Phone (952) 929-0044
uite #200 Fax (952) 929-0568
linneapolis, MN 55416 Toll Free 1-877-805-1575
August 23,2001
William G. Hawkins
William G. Hawkins & Associates
2140 4th Avenue North
Anoka, MN 55303
Subject: Rental Assistance Payment Relocation Claims
Ernest Smith, 1813 Crosstown Boulevard, Andover, MN
Project: Andover Water Treatment Plant Acquisition
Dear Mr. Hawkins:
I Transmitted herewith is the Fixed Move and Income Based Rental Assistance Relocation Claim
for the above-referenced tenant. We have met with the claimant and we have developed this
claim and our recommendations in accordance with our understanding of the applicable relocation
regulations.
Please make payment as follows:
Ernest Smith $ 750.00 (Fixed Move Payment)
$14,709.24 (Total Rental Assistance Claim)
$15,459.24 (Amount Due)
Conworth, Inc. recommends that the Rental Assistance Payment be made in installments.
Please notify me at 952-929-0044 if you have any questions regarding this claim.
Sincerely,
s~
Relocation Consultant/Owner
I sl
ACQUISITION AND RELOCATION i
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Computation for This Claimant: I
I
1. Rental Price of "Comparable" ($650.00 base
/ rent + utilities totalling $112.00) $ 762.00
2 Actual Housing Costs of Replacement
($550.00 base rent + utilities totalling $112.00) $ 662.00
3. Lesser of#1 or #2 Above $ 662.00
I
.,
4. Base Monthly Rent at Project Address
($275.00 base rent + utilities totalling $112.00) $ 387.00
5. 30% of Monthly Income $ 311.78
6. Lesser of#4 and $5 $ 311.78
7. Difference Between #3 and #6 $ 350.22
8. Multiplied by 42 Months (total rental supplement benefit) $14,709.24
I 9. Total Amount Due $14,709.24
-
I A copy of the new lease is included to document the figure at Item #2. Two copies of cancelled
I checks are included to document the figure at Item #4 and a copy of his bank: statement is
included to document the figure at Item #5.
I Give the above, Conworth, Inc. recommends that Ernest Smith receive a Rental Assistance
Payment in the amount of$14,709.24.
I
I
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I
CONWORTH, INC.
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6
CITY OF ANDOVER
1685 CROSSTOWN BOULEY ARD N.W.. ANDOYER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOYER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrator ~
FROM: Jim Dickinson, Finance Director
SUBJECT: Approve Purchase / Aerial Bucket Truck
DATE: September 18, 2001
INTRODUCTION
The Andover Public Works Division is requesting Council approval of the purchase of an aerial
bucket truck from Crysteel Truck Equipment in the amount of$40,423.14.
DISCUSSION
I
The City of Andover authorized and issued General Obligation Capital Notes, Series 2001C in
June 2001 to facilitate the purchase of needed capital equipment for the City. The Public Works
Division is requesting the purchase of an aerial bucket truck, which was part of the equipment
listing provided to the Council in June. Bids were received from Aspen Equipment in the
amount of$39,076.25, and from Crysteel Truck Equipment in the amount of $40, 423.14. Public
Works and Finance are recommending accepting the bid from Crysteel Truck Equipment for the
following reasons:
- The Crysteel product has smoother controls.
- The Crysteellift has a dielectric rating of 63,000 volts compared to the 46,000 volts on
the Aspen lift.
- Overall, Public Works feels the Crysteel product has more safety controls than the Aspen
product.
BUDGET IMPACT
The funding for this purchase would be from the General Obligation Capital Notes, Series 2001 C
issued in June.
Mayor and Council Members
September 18, 2001
Page 2 of2
ACTION REOUIRED
The Council is requested to approve the purchase of an aerial bucket truck from Crysteel Truck
Equipment in the amount of$40,423.l4, based on the aforementioned rational.
--
@)
\ 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:tV
David Carlberg, Community evelopment Director
FROM: Courtney Bednarz, City Planner 1l-
SUBJECT: Approve Amended Special Use Permit/PUD/Altemate Townhome
DesignlNature's Run Continued - Planning
DATE: September 18, 2001
INTRODUCTION
This item was tabled at the September 4th City Council Meeting.
DISCUSSION
/
The applicant has indicated that modifications to the design of the townhouses are being
considered. No plans have been submitted to indicate how these changes affect the development
standards that were approved with the original Special Use Permit.
RECOMMENDATION
It is recommended that the Council table this item at the applicant's request until plans have been
submitted and reviewed by staff. This will allow staff an opportunity to prepare a report, for your
review, which details how the modifications will compare with the approved development
standards. If the applicant chooses not to request the extension, Council will need to act on the
request this evening.
p:tlt
Courtney Bednarz
Cc: Bill Hupp, 1650 Andover Boulevard
Tom Enzmann, 1718 Andover Boulevard
~-13-201 12: 10PM FROM P.1
;
Date: 9-12-01
TO: Mayor and City Council.
From: Bill Hupp
. 1650 Andover Blvd NW
Andover, MN 55304
Subject: Hearing of Ammendment to the Special use permit
We would appreciate the tabeling of our ammendment to the special use permit until the
Oct 2nd meeting. We are still waiting for the re-engineering to be completed, Thank you
for your help.
Bill Hupp
/
SEP 13 2001 13:09 PAGE.01
@
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 Administratorq~
FROM: Captain Dave King - SherilT/patrol Division
SUBJECT: Anoka County SherilT Department Monthly Report
DATE: September 18, 2001
INTRODUCTION
Captain Dave King from the Anoka County Sheriffs Department will be present to provide the
Council and the citizens of Andover with an update on law enforcement activities occurring within
the City.
DISCUSSION
To be verbally presented.
ACTION REQUIRED
For Council information.
Respectfully submitted,
jJtVllC-k~
Captain Dave King
Anoka County SherilT Department
CITY OF ANDOVER
MONTH OF: AUGUST, 2001
Year to Date CFS: 8,205
CURRENT MONTH LAST MONTH
Calls For Service 1,175 1,086
Incident Reports 845 828
Burglaries 9 20
Thefts 51 48
Criminal Sexual Conduct 0 1
Assault 7 7
Damage to Property 36 22
Harassing Communications 5 9
P.D. Accidents 12 11
P.I. Accidents 6 5
Fatal Motor Vehicle Ace. 0 0
Medicals 27 41
Domestics 40 26
Suspicious Activity 46 39
Miscellaneous Officer 103 129
Alarm Calls 75 72
Felony Arrests 9 5
Gross Misdemeanor 5 4
Arrests
Misdemeanor Arrests 67 37
DUI Arrests 7 3
Domestic Arrests 4 3
Warrant Arrests 5 7
Traffic Arrests 176 125
Animal Complaints 67 61
The August demand for serviee was as follows:
All Calls for Service (CFS): AUl?:ust: Year to Date:
1,175 8,205
A partial breakdown of those calls is:
Acci dents: _____m___m_m__________ 19
Domestics---------------------------- 40
M edicals------------------------------ 27
B urglari es---------------------------- 9
Thefts--------------------------------- 51
Animal Complaintsm--------m--- 67
Arrests: All (Felony, Gross Misdemeanor, Misdemeanor, Warrant): 5
T raffi c-------------------------------- 176
Warnings----------------------------- 212
DUI----------------------------------- 7
Domestic Assault-m--m-m------ 4
(PLEASE NOTE: The Sheriff would now like his name to appear on the creditfor this article
in the newsletter)
@)
\
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 Councilmembers
FROM: John Erar, City Administrator
SUBJECT: Acknowledge Zoning Code Staff Enforcement Guidelines
DATE: September 18, 2001
INTRODUCTION
In review of existing City staff enforcement procedures, my office in collaboration with
Community Development Director Carlberg and his staff have developed written guidelines to
promote a more consistent, customer-friendly and defensible procedure in zoning code
enforcement actions.
:
DISCUSSION
Prior to distribution of the attached staff memorandum, Council is being asked to review and
acknowledge these guidelines.
ACTION REOUlRED
Acknowledge the Zoning Code Staff Enforcement Guidelines as presented.
Respectfully submitted,
'/14;
. '1/ .../' ,
...It' '( - -----.
., LA . 6:;~
John F. Erar
1
1/
I
\
/
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: City Staff
FROM: John Erar, City Administrator
Dave Carlberg, Community Development Director
SUBJECT: Zoning Code Enforcement - Staff Enforcement Guidelines
DATE: September 19, 2001
In order to address the myriad questions and issues arising from a code enforcement violation,
the need to develop written administrative guidelines on code enforcement procedures has been
identified. The purpose of these guidelines is to develop a set of standardized procedures to
ensure proper communications between city staff, the complaining party and the alleged violator;
effectively address code enforcement violations; emphasize the need for proper documentation;
\ ensure proper departmental oversight; and promote and encourage opportunities for increased
public understanding of the City's role in code enforcement situations.
1) Zoning Code enforcement action will only be initiated by the City in response to
citizen or Council complaints, or in situations where the CD Director, in
consultation with the City Administrator, deems it to be a threat to the health,
safety and welfare of the public. The Director, in situations where the public
health, welfare and safety may be jeopardized, may consult with other staff or
outside agencies as necessary to reach a conclusion before consulting with the City
Administrator.
2) Complaints received should be requested in writing and at minimum should
include a name, address and telephone number and specific nature of the code
violation or complaint. Individuals should be provided with the option of
remaining anonymous, but should understand that unless they provide their name,
address and telephone number for City files, no action will be taken. Council
complaints taken by staff should also follow procedures as outlined in the
Council-Resident Complaint Resolution policy.
3) Complaints must be verified by appropriately designated staff and should include:
name of inspecting staff person, notes to file, digital pictures, date, time and
location in which the violation was observed.
4) Initial Code violation citation letters should be specific as to the violation, the
purpose/outcomes associated with City enforcement actions and should offer the
violating property owner with the opportunity to meet with staff to discuss the
violation within a specific number of working days.
\ 5) All citation letters will be mailed through regular dispatch, along with a certified
copy of the letter to the property owner.
6) Code enforcement corrective action as stipulated by the citation letter should be
verified by staff, again noting date, time, pictures of the ongoing violation, if
applicable before proceeding to the next code enforcement level involving the City
Attorney's Office. If corrective action has been taken, the file should be properly
documented and closed.
7) Prior to any zoning code enforcement action being transmitted to the City
Attorney's Office, the Community Development Director must approve the
requesting legal action based on a personal review of the case history. The review
should ensure that the documentation supporting the City action is complete.
8) Communications with both the complainant and alleged violator is strongly
encouraged to facilitate 1) an understanding of the City's role in code
enforcement, 2) to promote and build community relations and 3) to suggest
helpful, productive solutions to the code enforcement issue under review in
compliance with City ordinances.
9) If a complaint is found to be invalid, staff shall contact the complainant informing
them of such and documenting to the file both in writing and by photographing the
property. Documentation to the file should be maintained for future reference
should a similar complaint be filed with another staff member or department.
10) Empathetic interpersonal communications with citizens should be a primary
\ consideration balanced by firmness and evenhandedness in meeting City
/ requirements. Staff should strive to update the complaining party from time to
time as to the status of the code enforcement issue, and should respond to inquiries
in a prompt and timely manner.
11) For internal review purposes, a monthly report will be prepared to identify all
outstanding code violations, relative status, and other pertinent data as determined
by the Community Development director. Copies of the reports will be transmitted
to ARC and to Council for review.
If you have any questions, please contact Dave Carlberg or my office. Thank you in advance for
your cooperation and observance of these guidelines. Please share this information with
appropriate department staff.
Respectfully submitted,
John Erar Dave Carlberg
City Administrator Community Development Director
Cc: Mayor and Council
Bill Hawkins, City Attorney
@
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
FROM: John Erar, City Administrator
SUBJECT: Winslow Hills Neighborhood Group - Request for City Assistance
DATE: September 18, 2001
INTRODUCTION
A meeting with Ms. Michele Erickson representing the Winslow Hills neighborhood group was
held to discuss a resident request that the City provide financial assistance in the form of public
water services to irrigate neighborhood landscaping improvements.
DISCUSSION
Ms. Erickson has indicated that the neighborhood group has raised private funding for materials
and contract labor associated with the installation of landscaping improvements in the Winslow
Hills neighborhood. Attached, please find information relating to the neighborhood's efforts in
support of landscaping and beautification. The entrance improvement is apparently located
predominantly on private property and is intended to provide an aesthetically pleasing entrance
gateway into the Winslow Hills subdivision. A site map and pictures of the improvement are
attached representing the location of the improvement relative to the right-of-way.
On behalf of the Winslow Hills neighborhood, Ms. Erickson has indicated that the only
assistance the group is requesting from the City is for the cost of monthly water services to
irrigate the ground cover and shrubs. On-going maintenance of the entrance landscaping will be
provided by neighborhood volunteers who will be responsible for p1antings, weeding and general
maintenance of the improvements. Ms. Erickson also indicated that the group has no future plans
to request additional assistance from the City.
Staff discussions at the Andover Review Committee (ARC) level have raised some concerns
with using public funds to support a private neighborhood effort using general user fee revenue
to subsidize a private improvement that is predominantly located on private property. Similarly,
concerns were raised with respect to establishing a precedent whereby other neighborhoods may
approach the City for similar public subsidies. While this neighborhood effort certainly
represents community volunteerism at its best, the use of public financial assistance to support
neighborhood beautification efforts on private property should be considered in terms of long-
term public policy implications.
BUDGET IMP ACT
Ms. Erickson has requested, on behalf of the neighborhood group, that the City underwrite the
monthly costs of water services retroactive to the beginning of this summer season. Account
billing indicates that the amount owed year-to-date is $94.90. It is anticipated that monthly costs
will be approximately $30-35.00 per month, for a seasonal total, conservatively estimated at
$200.
Attached is a copy of the billings assigned to the Winslow Hills improvements dating back to
October 1999.
ACTION REOUlRED
Council consideration of the Winslow Hills Neighborhood group request for City financial
assistance as described in this staff report.
Cc: Ms. Michele Erickson, 15017 Bluebird St., N.W.
Attachments
I
~
~
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if
~;
,
!
!
~
Memorandum
~m::::::::~=::::::::::::::::~::::::m::::::m::':'.<:~r0:m,:<m::::::m::::~:X:=:::::::::::::::::~::::::::~::::::m::::ml:
To: John Erar
From: Charlene Welu
Date: 9/7/2001
Re: Winslow Hills Entrance
John,
We have billed Winslow Hills Entrance the following for city water services:
10/26/99 $160.80
01/26/00 20.13
04/24/00 9.43
07/26/00 9.43
10/25/00 177.75
01/26/01 7.30
04/25/01 9.43
07/25/01 86.27
TOTAL $480.54
If you need anything else, just let me know.
Charlene
, ,
,
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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 Administrator~
David Carlberg, Community Development Director k
FROM: Courtney Bednarz, City Planner
SUBJECT: Approve Amendment to Ordinance No. 219, An Ordinance Regulating and
Controlling Weeds and Growing Grasses and Other Harmful Vegetation -
Planning
DATE: September 18, 2001
INTRODUCTION
The City Council asked the Planning and Zoning Commission to review this ordinance as it
pertains to urban and rural lots and to provide a recommendation. This item was discussed at
the July 24th, August 14th and August 28th Planning and Zoning Commission Meetings. The
discussions involved two components of the ordinance:
1. Providing a distinction between lawn maintenance requirements for urban and rural lots.
2. Providing a penalty to discourage owners of vacant property to use the City as a mowing
servIce.
DISCUSSION
The current lawn maintenance ordinance requires all properties to maintain a grass height of less
than twelve inches in height. Although five review criteria are provided in the ordinance to
determine whether the grass and/or weeds on a property constitute a nuisance, these criteria are
so broad and subjective that they could apply to any property with lawn areas that are not
maintained.
There are many rural properties within the City that are partially maintained and some that are
not maintained at all. In the urbanized portions of the City, smaller lots that are not maintained
can quickly cause problems on adjacent properties that are maintained. While it is also important
for rural properties to be maintained so as to not to cause problems on adjacent properties, it is
both unreasonable and undesirable to require property owners to mow several acres on a regular
basis.
/
Recent History
There have been more than 20 complaints regarding lawn maintenance this year. Most of these
complaints concerned urban lots. There are four properties that the City has exclusively and
consistently maintained over the past several years. There are several other properties that the
City mows occasionally through the enforcement process.
Ordinance No.1 06
It is important to note that a separate ordinance regulates maintenance of boulevard areas.
Ordinance 106 requires adjacent property owners to maintain boulevard areas. This ordinance is
in effect for both urban and rural areas.
Penalty for Violating the Ordinance
The current ordinance limits the penalty to the cost of mowing plus a 20% administrative fee.
The City received bids from a number of lawn maintenance services and chose to sign a contract
with the service that proposed the most reasonable hourly rate. As a result, it is often cheaper for
owners of vacant property to allow the City to maintain their property than to do it themselves.
I For these reasons, an additional penalty is proposed to be added to the ordinance to encourage
compliance. As it is possible for a property to be in violation of the ordinance without knowing
or due to extenuating circumstances this additional penalty would not take effect until the second
violation. It is also important to note that property owners are given notification and an
opportunity to take corrective action before any penalty is applied.
Proposed Ordinance Amendment
An ordinance amendment is attached for your review. This amendment has been revised several
times to achieve the following:
1. Continue to require urban properties to be maintained, but with some consideration
given to alternative landscaping methods.
2. Require appropriate areas of TUrallots to be maintained.
3. Allow remote areas of TUrallots to grow naturally.
4. Eliminate subjective review criteria and provide specific ordinance language that is
easy to understand and enforce.
/ 5. Continue to require the removal of noxious weeds on all properties as required by
State Statute.
6. Provide a disincentive for violating the ordinance.
Attachments
; Proposed Amendment to Ordinance No. 219
/
Fee Resolution
August 14th Planning and Zoning Commission Minutes
August 28th Planning and Zoning Commission Minutes
PLANNING AND ZONING COMMISSION RECOMENDA TION
The Planning and Zoning Commission recommended approval of the attached ordinance
amendment.
~JS;;;:;~bnUa'
Courtnoy Bod.."z ~ f--
J
ORDINANCE NO. 219
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
An Ordinance repealing Ordinance No. 34, adopted March 16, 1976.
AN ORDINANCE REGULATING AND CONTROLLING WEEDS AND GROWING
GRASSES AND OTHER HARMFUL VEGETATION IN THE CITY OF ANDOVER.
The City of Andover hereby ordains:
Section 1. Purpose.
Noxious weeds and other harmful vegetation is subject to needless abuse, creating a
detriment to public health, comfort and convenience of the residents of the City as well as
creating a general aesthetic depreciation, the growth of such vegetation is hereby declared
to be a nuisance.
The purpose of this ordinance is to ensure proper maintenance of noxious weeds,
vegetation and grasses. The City Council finds that establishing a height limitation for
/ certain vegetation is of best interest of the public health, safety and welfare and is
reasonable maintenance standard.
Section 2. Definitions.
The following words shall have the meanings as specified:
Grass Anv vezetative )!found cover that does not include noxious
weeds as defined bv State Statute or natural areas as
defined bv this ordinance.
Heavilv Forested Area Anv area that is imvractical to maintain due to the density
of trees.
Natural Area An area that does not include noxious weeds that is
vurvoselv left to zrow in a natural state and contains
vezetation that can maintain itself in a stable condition.
Weeds include all noxious weeds as defined by the statutes of the
State of Minnesota and all such useless and troublesome
plants as are commonly known as weeds to the general
public.
/ Weed Insvector the City Administrator or its designee.
1
Section 3. Maintenance Standards.
A. All noxious weeds as defined bv State Statute are required to be removed within
ten (10) days of notification from the City.
B. All properties less than one acre in size are required to maintain a uniform grass
height ofless than twelve (12) inches in height with the following exceptions:
1. Wetlands
2. Wetland buffer areas
3. Storm water ponds
4. Heavilv forested areas
5. Parks and nature preserves
6. Natural area not to exceed one quarter of lawn area.
7. Slopes greater than 3: 1
I
C. All properties with a lot area greater than one acre are required to maintain a
uniform grass height ofless than twelve (12) inches in height in the following
areas of the propertv:
1. in public rights-ofwav as defined in Ordinance No. 106
2. an area thirty (30) feet in width adiacent to maintained lawns of neighboring
properties. This area need not exceed the minimum front vard setback of the
adiacent propertv.
3. All lawn areas within the minimum front vard setback that are located directlv
in front ofthe dwelling. This area need not exceed 100 feet in width.
4. On corner lots. all areas within the minimum side vard setback that are
adiacent to the side of the principal structure. This area need not exceed 50
feet in width.
5. Exceptions to these requirements include:
a. Wetlands
2
b. Wetland buffer area
I
c. Storm water ponds
d. Heavilv forested areas
e. Parks and nature preserves
e. Agricultural propertv
g. Slopes greater than 3: I
'Needs or grasses growing to a height oftwebe (12) inches or greater or which haye gone
or about to go to seed upon any lot or ptrrcel of land with greater than one acre in lot area
within the platted portions ofthe City may be decltrred by the Weed Inspector to be a
nUISance.
In determining whether weeds or growing grasses constitute a ffilisance, the 'Need
Inspector shall consider one (1) or more of the follovAng: The weeds or growing grasses
1) arc located within two hundred (200) feet of a platted area;
I 2) ai'e located within Ellie hundred (100) feet of any occl:1pied dwelling, office,
commercial or indl:lstrial building Elf! an adiacent proDert'{;
3) create a general aesthetic depreciation of the neighborhood;
1) arc defined by Minnesota Statutes;
5) ai'e a detriment to the public health, comfElrt or safety of the residents of the City.
Section 4. Permittinl?: a Nuisance and General Notice Requirements.
Whenever the City determines that a public nuisance is being maintained or exists on the
premises in the City, the City shall notify in writing the owner/occupant of the premises
of such fact and shall order that said nuisance be terminated and abated. The notice shall
be served in person or by certified or registered mail. The notice shall specify the steps to
be taken to abate the nuisances and the time; not exceeding ten (10) days, with which the
nuisance is to be abated. Such notice shall also state that in the event of non-compliance,
abatement will be done by the City of Andover at the owner's expense. When no owner,
occupant, or agent of the owner can be found, notice shall be sent by registered or
certified mail to the person who is listed on the records of the County Auditor or County
Treasurer as the owner; service will be complete with mailing.
Section 5. Recoverv of Costs.
The owner of the premises on which such a nuisance has been abated by the Weed
Inspector shall be personally liable for the cost to the City of the abatement, including
3
\ twenty (20%) percent administrative costs. Soon as the work is completed and the costs
) determined, the Weed Inspector shall prepare a notice in writing to the owner. The notice
shall state the work done and the costs and expenses involved, and shall be served on the
owner or occupant of the property in accordance with the individual notice provisions
stated in Section 4. Such notice shall provide a tabulation of the total costs and expenses
involved and shall indicate that if the total amount is not paid to the City within thirty
(30) days or before the following October 1st, whichever is later, the costs and expenses
shall be a lien in favor of the City and maximum allowable interest will be added to the
amount due as of that date with a total cost, expenses and penalties thereupon to be
certified to the County Auditor and entered by him or her on his or her tax books as a lien
upon such property.
Section 6. Penalty.
Upon the first abatement of a nuisance the propertv shall be subiect onlv to the costs
outlined in Section 5 of this ordinance. An additional financial penalty will be imposed
on properties that have a second nuisance abated as defined bv the Citv Council. Each
successive nuisance abated thereafter shall be subiect to a cumulative penalty per
occurrence as defined by the Citv Council.
Any person violating any provision of this ordinance shall be guilty of a misdemeanor
/ and upon convietion thereof shall be punished in accordance with the provisions as
defined by State law.
Section 7. Additional Penalty.
It is a misdemeanor for any person to prevent, delay or interfere with City employees or
agents of the City when they are engaged in the performance of duties set forth in this
ordinance.
Adopted by the City Council of the City of Andover on this _ day of , 2001.
ATTEST: CITY OF ANDOVER
Victoria V olk, City Clerk Michael R. Gamache
/
4
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION AMENDING RES. NO. R284-00 SETTING FEES FOR PERMITS,
REZONINGS, SPECIAL USE PERMITS, VARIANCES, PLATTING, LICENSE FEES, LOT
SPLITS, RENTAL FEES AND VARIOUS OTHER FEES.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
The following fees are established for the remainder of year 2001:
Tvpe of Fee
Abatement of Nuisances as defined in Ordinance No. 219
Fee
Upon the first abatement of a nuisance the owner of the subject property shall be personally
liable for the cost to the City for abatement, including twenty (20%) administrative costs. Upon
I the second abatement of a nuisance on the same property the property owner shall be personally
liable for an additional $100 penalty. Upon the third and each successive abatement of a
nuisance on the same property the property owner shall be personally liable for a cumulative
penalty of an additional $100 per occurrence.
Adopted by the City Council of the City of Andover on this_ day of _'_.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Victoria V olk, City Clerk
j
-
Regular Andover Planning a~d Zoning Commission Meeting
Minutes-August 14,2001
Page 13
3. Park Dedication per Ordin e No. 10, Section 9.07.
4. Contingent upon staff rev' wand approval for compliance with City ordinances,
policies and guidelines
S. The variances or dev opment standards shall become the only listing of variances to
ordinances No.8 d 10 approved on the plat.
6. Such plat appro is contingent upon a development agreement acceptable to the
City Attorney,
7. Materials a colors of the buildings to be approved by the City Council as a part of
the Speci Use Permit for the Planned Unit Development.
. ed on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
ednarz stated that this item would be up for discussion at the September 4, 2001
Council meeting.
ORDINANCE AMENDMENT (01-03) - TO REVIEW AMENDMENT TO
~ ORDINANCE NO. 219 - AN ORDINANCE REGULATING AND CONTROLLING
WEEDS AND GROWING GRASSES AND OTHER HARMFUL VEGETATION IN -
THE CITY OF ANDOVER.
Mr. Bednarz explained that there was general consensus at the July 24th meeting that
/ relaxing the maintenance standards for rural residential properties was appropriate. The
discussion centered around which areas should be required to be mowe'd and which
should be exempt. The discussion also addressed peripheral effects than an ordinance
amendment may have on agricultural, vacant and public properties. He stated that the
proposed amendment has been revised to reflect his discussion and additional comments
received over the past two weeks. He mentioned that staff also surveyed surrounding
communities to determine how lawn maintenance is regulated in other cities.
Commissioner Hedin questioned if one were to have a square one acre lot with a house in
the middle, could that 1/4 area be the corner of the lot. Mr. Bednarz stated that it could
but it couldn't include the boulevard area.
Commissioner Hedin questioned if someone on a S-acre lot with a house in the middle of
the lot and sod surrounding the house, would have to mow 13 1/2 feet of width along the
whole front. He also questioned ifthey would have to mow on one-side 30 feet if either
property is keeping it up. Mr. Bednarz stated that boulevard maintenance is the
responsibility of the adjacent property owner as indicated in Ordinance 106.
Commissioner Hedin stated that he is uncomfortable with the neighbor determining how
far he would have to mow under the 30 foot mow strip requirement. Commissioner
Daninger stated that he is uncomfortable with letting his neighbor grow noxious weeds
next to his property.
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2001
Page 14
Chair Squires agreed that it becomes difficult if one side isn't kept up. He stated that one
neighbor will end up dictating how much would be mowed. Commissioner Hedin stated
that he's uncomfortable with the idea.
Commissioner Falk stated that rural lots should be treated differently than urban lots. He
agreed that the neighbor shouldn't be able to dictate how much would be mowed.
Commissioner Daninger stated that he agrees to a point however mentioned that he's
lived next to a lot that wasn't developed and the developer never did a thing.
Commissioner Greenwald stated that it doesn't make a lot of sense to have to mow 30
feet on the side property line when it isn't even in the day to day living space.
Commissioner Daninger reminded the Commission that enforcement is based on
complaints from the residents.
Commissioner Greenwald questioned if there should be additional language added to the
de[mition of noxious weeds in the ordinance amendment like other cities have done. Mr.
Angell stated that what other cities have done is added language to name specific plant
speCIes.
A member from the audience mentioned that if they do have a larger lot they wouldn't ,
have to mow it much since the soil would be all sand and therefore it wouldn't take rnuch
to maintain.
Commissioner Greenwald suggested adding something more specific under the noxious
weed definition. -
Chair Squires stated that he's comfortable with leaving it the way it is since the list could
change from time to time.
Commissioner Greenwald questioned the reason other cities include additional language.
Mr. Bednarz stated that other cities may have specific problems with certain weeds,
which would explain why they've included additional language.
Commissioner Greenwald suggested including language similar to Anoka's ordinance.
Commissioner Daninger questioned if the reason for the slope 3: 1 was because it's unsafe
to mow or too tough to mow. Mr. Bednarz stated that it typically is unsafe and could help
to prevent erosion.
Commissioner Daninger suggested adding language regarding the 3: 1. slope to Section
3B.
Regular Andover Planning and Zoning Commission Meeting
Minutes-August 14,2001
Page 15
Commissioner Hedin stated that he would feel more comfortable if there was limit to
mow such as 30 feet from the edge of the boulevard. Mr. Bednarz suggested that it not
exceed 40 feet, since this is the front yard setback in the rural areas.
Commissioner Daninger stated that he would have to disagree since the person with a
maintained yard wouldn't have anything to protect them. Commissioner Hedin stated
that they would still mow 40 feet back.
Commissioner Daninger questioned what would happen if a person mows another 100
feet. He stated that there would be no barrier between the two. He stated that the
problem would be if you move there and both are mowing and then something for some
rea'son changes.
Chair Squires suggested the Commission pursue an ordinance amendment, however
recommended the following changes.
. In Section 3B, add an additional point under #7 to state Slopes greater than
3:1. -
. In Section 3C, point #2, adding the following sentence, "This area need not
exeeed the minimum front yard setback of the adjacent property,
\ . In Section 3C, point #3, adding the following language after the word setback,
/ "that are located directly in front of the dwelling.
Commissioner Daninger stated that he would accept the compromise. The rest of the
Commission also agreed with the changes.
Mr. Bednarz stated that this amendment would come back for a public hearing at the
August 28th meeting.
Commissioner Falk questioned if there have been any complaints regarding the
ordinance. Mr. Bednarz described the types of complaints received by staff.
OTHER BUSINESS
Mr. Bednarz updated the Commission on related items that have recently been before the
Council and congratulated Commissioners Daninger and Hedin on their appointment to
the Sports Complex Task Force.
ADOURNMENT
Motion by Daninger, seconded by Hedin, to adjourn the meeting at 9:03 p.m. Motion
carried on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
-'
- Regular Andover Planning and Zoning Commission Meeting
Minutes-August 28,2001
Page 6
7. That the applicant restores the banks oft mined area after excavation with approved
topsoil, seed and/or vegetation or bru to control erosion.
8. That the applicant obtain all neces permits, including, but not limited to, the
following organizations: Dep ent of Natural Resources, U.S. Army Corps of
Engineers, and Coon Creek tershed District.
9. That the permit be subject an annual review and renewal by the City and be limited
to five years from the ad tion of this resolution.
Motion carried on a 6-a s, I-nay (Daninger), O-absent vote.
r
PUBLIC HEARING: ORDINANCE AMENDMENT (01-03) - TO REVIEW
~ AMENDMENT TO ORDINANCE NO. 219 -AN ORDINANCE REGULATING AND
CONTROLLING WEEDS AND GROWING GRASSES AND OTHER HARMFUL
VEGETATION IN THE CITY OF ANDOVER.
Mr. Bednarz presented the Commission with the Ordinance Amendment including the
recommended changes from the last Planning and Zoning Commission meeting. He
mentioned that a fourth change was made to Section 3C, point #4 that wastl't discussed at
the last meeting, to require the side yard setback area to be maintained adjacent to the
principle structure on corner lots. He stated that this addition is similar to the addition
made to Section 3C, point #3.
"- 1
--
Commissioner Dalien stated that he was happy to see the change to allow natural areas on
properties less than one acre. He mentioned that it's important and often times niee to
leave some of the yard in a natural state.
Motion by Hedin, seconded by Daninger, to open the public hearing at 7:28 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
There was no public input.
Motion by Daninger, seconded by Dalien, to close the public hearing at 7:28 p.m.
Motion carried on a 7-ayes, O-nays, O-absent vote.
Commissioner Greenwald questioned if the 20 complaints are unusually high. Mr.
Bednarz stated the number of complaints is similar to previous years from the files he's
looked at.
Commissioner Greenwald questioned how a normal citizen would know there's been a
change to the ordinance. Mr. Bednarz stated that there is a public notice posted in the
Anoka County Union, in addition this is the third televised meeting discussing the
ordinance and he has spoken to several people that have had an issue with this ordinance
/ in the past.
r-
' .
Regular Andover Planning and Zoning Commission Meeting
Minutes-August 28,2001
Page 7
/
Commissioner Dalien stated that this might be something worth writing a news article
about.
Chair Squires suggested waiting until late winter or early spring to put an article in the
newsletter so that the information is timely for next year.
Commissioner Hedin mentioned that the Commission better first wait to see what the
City Council approves. Commissioner Dalien agreed but recommended that whatever is
adopted be published.
Motion by Hedin, seconded by Greenwald, to recommend to the City Council approval of
the Ordinance Amendment to Ordinance No. 219, Regulating and Controlling Weeds and
Growing Grasses and Other Harmful Vegetation in the City of Andover. Motion carried
on a 7-ayes, O-nays, O-absent vote.
OTHER BUSINESS
Mr. Bednarz updated the Commission on related items that have recently been before the
Council.
, Commissioner Hedin mentioned that as a member of the proposed community center
I sports facility task force that they continue to work on the survey to view the opinions of
selected residents. He requested anyone who is called on in the next few weeks to take
the time and answer the questions ofthe survey.
ADJOURNMENT -
Motion by Daninger, seconded by Kirchoff, to adjourn the meeting at 7:35 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Respectfully submitted,
Sara Beck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
I 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
FROM: John Erar, City Administrator
SUBJECT: Andover Baseball Association - Presentation
DATE: September 18, 2001
INTRODUCTION
Ms. Kim Mellem attended the September 4, 2001 Council meeting and distributed information
regarding their group's efforts to organize a charitable gambling operation.
DISCUSSION
On behalf of the Andover Baseball Association, Ms. Mellem has requested placement on the
I regular Council agenda to make a brief presentation of their group's charitable gambling efforts
and answer any questions Council may have.
ACTION REOUIRED
Council is requested to receive further information from Andover Baseball Association.
Cc: Ms. Kim Mellem, 13760 Zilla Street, 55304
@)
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 Councilmembers
FROM: John Erar, City Administrator
SUBJECT: Schedule Council Workshop - Transportation Planning Issues
DATE: September 18,2001
INTRODUCTION
City staff recently met with the Anoka County Highway Department to discuss project plans for
the improvement of the Hanson Boulevard and Crosstown Road intersection.
DISCUSSION
It was discussed that a Council workshop may be appropriate to present County project plans and
I discuss related City transportation planning issues, including the Transportation Planning
Request for Proposal (RFP) for City thoroughfares prior to its placement on the regular Council
agenda.
County staff indicated they would also be willing to attend this Council workshop to present
County plans and address any questions Council members may have on this intersection
improvement scheduled for construction in Spring 2002.
ACTION REQUIRED
Consider scheduling a Council workshop for one of the following dates: Thursday, October 11;
Thursday, October 18 or Tuesday, October 23.
([D
/ 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 AdministratolifJ1..../
FROM: David L. Carlberg, Community Development Director
SUBJECT: Schedule EDA Meeting
DATE: September 18, 200 I
INTRODUCTION
The City Council is requested to schedule an Economic Development Authority meeting.
DISCUSSION
I Topics for the EDA meeting include:
1. Building Elevation and Material Approval- Tanner's Steakhouse
2. Andover Station Purchase/Development Agreement (If Necessary)
3. Other
RECOMMENDATION
The following date is recommended:
Tuesday, October 2,2001 @ 6:00 p.m.
Respectfully submitted,
dt/:!}fbcr~
Community Development Director
@)
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
FROM: John Erar, City Administrator
SUBJECT: Special Council Meeting Dates - Scheduling and Confirmation
DATE: September 18, 2001
INTRODUCTION
At the September 4,2001 Council meeting, Council discussed the possibility of holding a special
joint meeting with the City of Coon Rapids. In addition, the Council Goal-Setting Workshop
originally scheduled for Saturday, September 22, 2001 was also cancelled due to meeting
conflicts. Finally, Council indicated that a Council workshop be held in November to discuss
strategic planning outcomes that were presented at the September 4,2001.
Since that time, the Special Council-Administrator Team-Building Workshop was also cancelled
due to recent national events and out of respect for the many Americans involved in this tragedy.
Mayor Gamache has also discussed the possibility of holding a joint Council meeting with the
Anoka City Council to discuss issues of mutual concern affecting our joint communities.
DISCUSSION
Council-Administrator Team-Building Workshop
Two new dates have been proposed for this workshop: Wednesday, September 19, or Thursday,
October 11,2001. Council will need to confirm the preferred date at the September 18 Council
meeting.
Council Goal Setting Workshop
With the cancellation of the Council Goal-Setting Workshop, originally scheduled for Saturday,
September 22,2001, a new date was tentatively discussed for Saturday, October 27,2001. This
date has been confirmed with City staff. Meeting time will be 9:00 a.m. to 4:00 p.m.
Council Strategic Planning Workshop
At the September 4,2001 Council meeting, Council indicated a desire to hold another workshop
to review and discuss strategic planning outcomes. As previously determined by Council, regular
Council workshop dates would be held on the second Tuesday of each month. Accordingly,
Tuesday, November 13 or Tuesday, December 11 would be proposed for scheduling this
workshop.
Joint Council Meeting with City of Coon Rapids
In addition, a Joint Council Meeting with the City of Coon Rapids was also discussed, with a
preferred date of Thursday, October 25, 2001. Discussions with Coon Rapids City Manager Jerry
Splinter have confirmed this date. Meeting details will be forthcoming.
Joint Council Meeting with City of Anoka
Mayor Gamache and Anoka Mayor Skogquist have discussed the possibility of scheduling a joint
Council meeting similar to the City Council's meeting with Coon Rapids. It is proposed that
Andover host this meeting, which could be held at the Andover Courtyards. Dates for Council
consideration would include Thursday, November 8; Thursday, November 15 or Thursday,
December 6.
, ACTION REOUlRED
Confirm and/or select preferred meeting dates as indicated for the proposed special meetings as
noted above.
Respec~itted'
FFoE=
(j.b~
) 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 AdministratoliJJL..
FROM: David L. Carlberg, Community Development Director
SUBJECT: Bill's Superette - Planning
DATE: September 18, 2001
INTRODUCTION
On August 21, 2001, the City Council directed Staff to review the Bill's Superette property
located at the southeast corner of Hanson Boulevard NW and 139th Lane NW in regard to the
City's ability to impose a sunset clause on the existing Special Use Permit, require the developer
to comply with recent ordinance amendments and the right of the City to rezone the property. In
I addition, Staff has also examined the buffering of the development from the adjacent residential
neighborhood.
DISCUSSION
History
On September 6, 1988, the City Council approved a Special Use Permit requested by William
Rademacher to allow for the installation of fuel tanks and a propane tank for a Bill's Superette
convenience store. In July of 1995, Rademacher Companies, Inc. inquired from the City the
status of the Special Use Permit in reference to an amendment to the Zoning Ordinance regarding
a sunset clause adopted by the City in 1990, after the Special Use Permit was approved. Staffin
reviewing the permit and consulting with the City Attorney and the City Council (see June 6,
1995 City Council minutes) confirmed that the Special Use Permit was valid. Based on these
findings, Rademacher Companies commenced the Commercial Site Plan process in December of
1996.
During the Commercial Site Plan review process and issue arose regarding ponding for the site in
an existing stormwater pond adjacent to the site to the east. The City Council discussed the
ponding issue on August 20, 1996. As indicated in the minutes, the Council's priority was to
save the trees to buffer the site from the adjacent residences. Adjacent residential property
, owners involved with the ponding issue and other neighborhood residents opposed the project
and challenged the validity of the Special Use permit regarding the sunset clause. Attorney
Hawkins reviewed the permit at the request of the Council and found the permit to be valid (see
, letter dated December 13, 1996 from Bill Hawkins). Council also asked for an outside legal
opinion on the validity of the permit. John Bannigan of Bannigan & Kelly supported Mr.
Hawkins opinion (see January 16, 1997 letter).
In March of 1997, the City of Andover and Rademacher Companies were sued by the Hills of
Bunker Lake Homeowners Association challenging the validity of the Special Use Permit. This
court case concluded in March of 1999 ruling in favor of the City of Andover and Rademacher
Companies.
Imposing a Sunset Clause
Staff has discussed with the City Attorney the ability of the City to impose a sunset clause on the
Special Use Permit. Case law and history shows that the City cannot retroactively impose a
sunset clause on the permit.
Compliance with New Ordinance Amendments
The City Council July 18, 2000, adopted an amendment to Ordinance No.8, the Zoning
Ordinance, which requires commercial rezonings to be done by contract. As a part of the
contract, an agreement is made to layout, develop and maintain the property as presented in an
accompanying site plan to the contract. The Council in approving the accompanying site plan
can require additional plantings and buffering ofthe commercial use adjacent to residential areas.
The contract also has a provision that allows the City Council to commence a rezoning of the
property back to the previous zoning district if the developer fails to adhere to the site plan. It
should be noted that Bill's Superette has not entered into a contract with the City. The site was
zoned properly (NB, Neighborhood Business) when the Special Use Permit was granted in 1988.
The amendment to Ordinance No. 8 also provided for some modifications to the LB, Limited
Business Zoning District to restrict and remove uses which are not conducive to adjacent
residential neighborhoods. As the attached minutes indicate, this was done at the direction of the
Council. It should be noted the a service station is allowed by Special Use Permit in an LB
District as a service station is defined as a retail trade and service. Therefore rezoning the
property from NB to LB would have little effect on the development of the site.
Right to Rezone
The City Council can initiate and process a rezoning of property as provided in Ordinance No.8,
Section 5.02, Rezonings. Council would need to clearly define and provide findings as to the
reasons for initiating a rezoning of property without the owners consent. Again, rezoning of the
property would not prohibit the existing approved use.
,
Buffering of the Property
The Commercial Site Plan for the Bill's Superette was approved by the Andover Review
Committee and signed by Staff in May of 1997. As a part of the approval, Staff as directed by
the Council, required additional plantings to be provided on the plans to buffer the site from the
adjacent residences. In addition, the developer at Staffs request provided greater setbacks than
required by the Zoning Ordinance. A copy of the site plans including the landscape plan will be
available at the meeting.
Attachments
1. August 21, 2001 City Council Minutes
2. August 20, 1996 City Council Minutes
3. December 13,1996 Letter from Bill Hawkins
4. January 16, 1997 letter from John Bannigan
5. June 6, 1995, City Council Minutes
6. March 21, 2000 City Council Minutes
7. June 6, 2000 City Council Minutes
8. July 18, 2000 City Council Minutes
9. Ordinance No.8 Amendment (8YYYYY) dated July 18,2000
ACTION REOUIRED
Consider the information provided in the staff report.
Respectfully submitted,
~/~
David L. Carlberg
Community Development Director
I
Regular Andover City Council Meeting
Minutes - August 21, 2001
I Page 9
(Consider Amendment to Charitable Gambling Ordinance, Continued)
difficult. Councilmember Trude state the changes increase the amount of profits that will remain in
the City or trade area and limits what the establishment can charge for the use of the booth so more
money can be given for charity. The recommendation from the investigator was to stay with local
groups only, which this ordinance does. Councilmember Orttel is opposed to those changes that are a
private matter. Mayor Gamache stated he will vote no because of Section 6, thinking that will
probably need to be reconsidered in the future. Motion carried on a 3- Yes, 2-No (Gamache, Orttel)
vote.
MAYOR/COUNCIL INPUT
Commercial property on Hanson Boulevard - Councilmember Orttel noted an ordinance amendment
was approved a while ago regarding screening between commercial and residential property. He's
been told the Rademacher property north of SuperAmerica is for sale. Several years ago all the trees
on that property were cut down. There was no sunset clause in the Special Use Permit for that parcel.
He wondered if the property could be made to comply with the new ordinance requirements and
,:I- whether the City could impose a sunset clause on that parcel. Possibly it should be rezoned. Attorney
Hawkins didn't know whether or not the owner has a vested interest in the property. Ifnot, the City
\ does have the right to rezone it. Action would have to be brought to revoke the Special Use Permit.
I He can review whether or not the sunset clause can be invoked and whether or not the new standards
can be enforced. He stated he would research that and report back to the Council.
Quad Cities cable TV new studio building - Councilmember Orttel was disappointed that the new
studio building is going to be built in Champlin, which is as far away from Andover as one can get.
When considering the location, the Council was told not to bother because other cities were giving
away things. He had hoped that the participation in the use of the cable TV by the City and groups
within the city would increase, but that is probably not going to happen because the new location is
basically inaccessible. He stated it would take as much as two hours to get over there just todo a
Council update. The Minutes of the Quad Cities Cable Commission said nothing regarding a
discussion on the distance this will be for the residents of Andover. The schools offered a site, and he
didn't see any discussion of that in the Minutes either. He felt Andover has been cut out of this and
was concerned the City will be left with nothing if the other cities opt out of the quad cities
agreement. He alleged the residents were never considered, only the price. Councilmember Jacobson
stated the City Council made the decision not to participate in the process to provide a lot because
the only two sites that were available were not in the sewered area nor on a major access line. The
selection of the site was a unanimous vote. The one site in Ramsey was less than an acre for $65,000,
less than the minimum acreage required. The other site was large enough but the price was very high.
The cost of the Anoka site was outrageous. In talking with the school district, the high school wasn't
capable of handling their needs. The lot chosen in Champlin is about two acres and valued at over
$300,000, but they are getting it for $65,000. He brought this item up to the Council twice and was
told let someone else have it. The Council updates can be done here at City Hall. There was no
central location. They looked at all four cities and this was the best location for the best price.
(!~ ~ ~J.h.
Regular Andover City Council Meeting
Minutes - August 20, 1996
Page 5
I
PONDING FOR RADAMACHER AND ASSOCIATES/HILLS OF BUNKER LAKE 3RD
Mr. Erickson explained Radamacher and Associates is proposing t.'
construct a new Bill's Superette on the commercial site between 138th
and 139th Lane on Hanson Boulevard. The issue is the storm water
ponding for the lOO-year storm. Additional ponding is needed, which
would be located in a large stand of trees that acts as a buffer between
the site and the residential property to the east.
Joe Nemo, Radamacher and Associates, explained the existing storm pond
in the residential area was designed to accommodate the storm runoff for
the residential lots and this commercial piece. Then all they would have
needed is a small sedimentation pond to control their storm water
runoff. That would have been the case had it not been for the fact that
one of the houses was built lower than the permitted minimum elevations
on the grading plan that was approved by the City for the subdivision.
Because of that, they are confronted with having to build an enormous
pond on their property to accommodate the storm runoff problem. They
would basically pay to correct a problem they did not create. However,
they do not want to eliminate the natural buffer to the residential
lots. One recommendation for a long-term solution is to increase the
capacity of the lift station to handle the runoff from their
sedimentation pond. It would not adversely impact the existing pond nor
create a lOO-year flood problem for the residential lots. Also, besides
I the aesthetics of losing the trees, they feel it comes close to q
constructive taking on a part of their property by having to construct
such a large pond to solve a problem created by the City. At this point
they are not seeking a variance.
Radamacher's engineer explained they are looking to enlarge the existing
lift station and pipe from their sedimentation pond to the lift station.
There is little runoff now, but there will be more once it is developed.
That runoff would not go directly to the existing pond but the flow
would be controlled to prevent problems with the elevation of wacer in
that pond. Because the problem was in part created by the City, they
feel this should be done at the City's expense. He didn't yet know the
cost a larger lift station.
Mr. Fursman noted the ponds down stream were designed to handle this
flow. The concern of Staff is with the operation of the lift station
itself. A power source is needed and the concern is if the system
malfunctions during severe weather when the electricity goes out, which
is when the lift station would be needed most. A solution would be a
back-up generator, which is very costly.
Mr. Hawkins felt that it is not the City's liability but the builder or
developer who constructed the house at an improper grade. Mayor McKelvev
noted the existing lift station was installed when that house was
, constructed below grade, and it was paid for by the contractor. He
) questioned why this parcel was not considered at the time the lift
station was installed and why it was not made large enough to handle
this parcel.
Regular Andover City Council Meeting
Minutes - August 20, 1996
Page 6
I
(ponding for Radamacher & Associates/Hills of Bunker 3rd, Con tinued)
Mr. Nemo stated an overflow into the parking lot has been discussed as
an option; however, they do not favor that option. The surface of the
parking lot has the potential of becoming a skating rink in the winter
so it becomes a safety issue, plus it does nothing to prolong the lif2
of the pavement. Also, relocating the pond dramatically impacts the
undeveloped area of the parcel.
In discussing the problem, the Council's priority was to save the trees
that act as a buffer to the residential area. If an enlarged lift
station is the solution, the question is the cost and who would pa}" that
cost. They proposed that the developers and Staff research this further
to come up with a series of alternatives, associated costs and im~act of
each solution to resolve the situation.
Mike Malroney, 13868 Crane Street - stated the residents in the area are
incensed over the project, partly because of the ponding. The other
part is the project itself. It is unconscionable that the developers
would take on the volume of business and caliber of SuperAmerica. They
do not need another gas station in the area. The residents would prefer
a business that is not high volume. The ponding is a concern. The two
neighbors on the cul-de-sac invested $15,000 in rip rap control to shore
\ up their property, as it was eroding into the pond. Now more water is to
I be added. He invited the Council to look at the oak grove that buffers
the residential area from Hanson Boulevard. He suggested other
solutions be found and a more passive land use be placed on that corner,
something that will not be generating more traffic in the neighborhood.
There are people backed up on the streets now to access Hanson
Boulevard. This project will have a severe impact.
Mr. Nemo stated the lot has been zoned for this use since the
subdivision was developed. Their use is permitted, and they hold the
necessary permits. The use of the property is not appropriat~ for
discussion tonight.
Another resident noted he is one of the older home owners, having bought
the model home from Rom Smith. There was no problem with the pond when
they moved in. When the drought ended, the water rose 15 feet into his
back yard. It eventually drains off, but he's amazed he doesn't have
water in his basement. Possibly that is because of the drain tile the
developer put around the house. This summer he put in gutters and drain
spouts, but that only does so much. His lot is the lowest one around
the pond. The lift station is not automated. Somebody has to turn it
on.
Greg Lindusky (?) , 138th, has a problem with the gas station moving in.
He had water problems when SuperAmerica was built, and he still does.
City workers have been out to his property to backhoe to solve the water
I problem. A major amount of water flow will come from the pumped area to
their pond. The pump is not working now. He sees the pond raise and
come down. He sees the workers out there. He encouraged the Council to
view the area, pridicting there will be a problem.
Regular Andover City Council Meeting
Minutes - August 20, 1996
Page 7
J
{Ponding for Radamacher & Associates/Hills of Bunker 3rd, Continued}
Joyce Twistol, property owner on the pond that is believed to be
impacted the most, stated Mr. Nemo and his crew visited her home. In
walking the parcel tonight, she noted the distances from the pond to the
grove of dense trees and the negative impact it would have on her
property. She also stated in viewing the other gas stations, few have
four bays for dispensing gas as is being proposed here. Her biggest
concern is if there is a particular flood and the pump can't take car~
of it. There will be eight properties directly affected. Water does
corne into her yard when the pump isn't working. The pump wasn't working
this spring, and the City had to pump the pond down. The residents all
recognize the property is zoned commercial, but it is already difficult
getting from 139th onto Hanson Boulevard. Another gas station will
generate more traffic, so a traffic light will probably be needed. They
are willing to work with the developer, but the water situation is
critical. That is a small pond that is an aesthetic addition to their
properties to some degree. She appealed to the Council to act on their
behalf and to help safe the trees.
Ed Stacy, 13891 Crane Street, lives on the pond. The pond went up after
they purchased the property and flooded the yards. If the water rises
any more, there could be flooding in their basements. His concern is
with the high volume of water coming to their pond. Mr. Fursman noted
I the Council has directed the Staff to work on the issue of the ponding
to save the trees and to have as minimal impact on the area as possible.
He acknowledged the existing pump is not adequate and that if another
one is used, it would require a much better pumping design. The
appropriateness of the use is up to the developer unless the Council
wishes to change the zoning of the parcel. Legally they have the right
develop to the proposed use. The City will do its utmost in working
with the developer to make the impacts of the property as little as
possible and to remove as few trees as possible to accommodate the
neighborhood.
Another resident felt that the traffic issues should be addressed. He
noted the difficulty of being able to pullout of 138th Lane going south
on Hanson Boulevard and the heavy traffic there now. The additional
traffic from the use will just make it worse.
Council took no further action at this time, reiterating its direction
to the Staff to work with the developer on developing alternatives.
SUNDAY LIQUOR ON BALLOT
Mr. Fursman asked the Council to consider adding the question of Sunday
liquor to the November ballot. From a Staff perspective, if a petition
comes in, they have the responsibility of looking at each signature for
I validity. It is very time consuming. He stated 1,500 signatures are
necessary to put the issue back on the ballot. Or the question can be
put on the ballot by Council initiative rather than by petition.
LAW OffiCES OF
William G. Hawkins and Associates
,
Legal Assistant 2140 FOURTH AVENUE NORTH
WILLIAM G. HAWKINS WENDY B. DEZELAR ANOKA, MINNESOTA 55303
BARRY A. SULLIVAN PHONE (612) 427-8877
December 13, 1996
The Honorable Mayor McKelvey and
Council Members
City of Andover
1685 Crosstown Blvd NW
Andover, MN 55304
Re: Special Use Permit for Lot 1, Block 6, Hills of Bunker Lake Third Addition
(Rademacher)
Dear Mayor McKelvey and Members of the City Council:
You have requested that I review the special use permit issued at the above location,
the letter submitted by counsel on behalf of the Hills of Bunker Lake Homeowner's
Association and give an opinion as to whether or not the permit is void under the
/ "sunset" provision in the zoning ordinance.
STATEMENT OF FACTS
My understanding of the facts are as follows. In August of 1988 William C.
Rademacher desired to purchase two pieces of property in the City of Andover for
potential commercial development. On August 23, 1988, he appeared before the
Andover Planning and Zoning Commission and made application for a special use
permit for each lot. The property is located in a neighborhood business zoning
district. The operation of a service station and the use of gas tanks, motor fuel and
propane tanks are allowed as special uses in the neighborhood business district. Mr.
Rademacher indicated to the Planning and Zoning Commission that he would not
purchase the lots unless he had the approval of the special use permits by the city. A
public hearing was held before the Planning and Zoning Commission which
unanimously recommended approval for the city council.
The matter came on for hearing before the Andover City Council on September 6,
1988. The city council passed a resolution approving a special use permit for each lot
as requested by Mr. Rademacher. Resolution No. R203-88. There was no op'position
to the request before the Planning and Zoning Commission or befor.e the city council.
The SUP was subject to conditions: first, that 2,000 square feet of retail space be
constructed prior to the time that service pumps are installed; and second, that the
Andover Review Committee review the site plan prior to any permits being issued with
the builder to comply with all ordinances, fire codes, building codes, etc. Mr.
Rademacher purchased the property, although no construction has been undertaken
I as yet. However, Mr. Rademacher has recently spent time and money to prepare a
site plan for development of the land.
I Mayor and Council Members
December 13, 1996
Page 2
On October 9, 1989, the city received a letter from Wayne Anderson, general
manager of William C. Rademacher and Associates, requesting that the council extend
the conditional use permit for both lots. By letter dated October 24, 1989, then city
planner, Jay Blake, responded that the council had not established any specific time
limits for the SUPs and indicated that no such restrictions existed on the SUPs issued
to Mr. Rademacher.
In 1990 the city considered amending the zoning ordinance to add a "sunset"
provision to the ordinance sections dealing with special use permits and variances. At
the Planning and Zoning Commission public hearing on March 27, 1990, the city staff
was specifically asked whether the proposed sunset provision would affect SUPs
currently in effect. The staff indicated that the new provision would not affect
existing SUPs. On April 17, 1990, the city council voted unanimously to amend the
city ordinance and include the sunset provisions to the zoning ordinance sections
dealing with SUPs and. variances. Specifically, the following language was added to
ordinance 8, sections 5,03(D) and 5,04(G) and to ordinance 40, section lIIe:
"If the city council determines that no significant progress has been
made in the first twelve (12) months after the approval of the special use
permit [variance], the permit will be null and void."
In May of 1995, the City Planning Director Dave Carlberg received a letter dated May
17, 1995 from Joseph M. Nemo, Jr., Senior Vice President and General Counsel for
Rademacher Companies. In the letter Mr. Nemo requested from the city a "comfort"
letter to the effect that the special use permit earlier approved for the subject property
was still in full force and effect and had not been voided by the sunset clause added
to the ordinance in 1990.
The request was considered by the city council on June 6, 1995. The council passed
a motion confirming the validity of the SUPs granted Mr. Rademacher in 1988.
At the intersection of Hanson Boulevard and Bunker Lake Boulevard, a Spur station
and a Super America station have both been constructed and are currently operating.
Each station utilizes gas tanks. Mr. Rademacher wishes to go forward with the
construction of a convenience store-type operation, including gas sales, at the
property located on Hanson Boulevard just north of Bunker Lake Boulevard. There is
neighborhood opposition to the proposed construction. A letter dated December 2,
1996 was forwarded to you by attorney Timothy J. Keane on behalf of the Hills of
Bunker Lake Homeowner's Association. Attorney Keane has urged the council to
determine that the SUP granted Mr. Rademacher in 1988 has been voided by the
sunset provision added to the zoning ordinance in 1990.
Mayor and Council Members
December 13, 1996
Page 3
ISSUE
May the Andover City Council void the Rademacher special use permit by application
of the sunset provision in the zoning ordinance 7
OPINION
In my opinion, the answer is no. I believe such an action would be viewed as
arbitrary and therefore unlawful by the courts. Further, such an action may be viewed
by the courts as a "taking" and subject the city to liability for damages under an
inverse condemnation claim.
The authority of a municipality to utilize conditional or special use permits was granted
by the legislature in Minn. Stat. ~ 462.3595. Subdivision 3 of that section specifically
provides as follows:
"Duration. A conditional use permit shall remain in effect for as long as
the conditions agreed upon are observed, but nothing in this section shall
prevent the municipality from enacting or amending official controls to
change the status of conditional uses."
The law is clear that a special use permit continues for the duration of its full term
unless it is voluntarily surrendered by the holder or revoked by law. A revocation of a
special use permit by a municipality must be for cause. As long as the property is
used for the purpose set forth in the SUP and the conditions, if any, contained in the
SUP are complied with, the permit must continue.
A municipality should look at the granting of a special use permit as effectively
creating a lawful nonconforming use. McQuillian, Municipal Law, 9 25.157.
Consequently, a special use permit is protected against retroactive legislation. A
special use permit remains in effect until its terms are violated. See, e.g., Deae v. City
of Maolewood. 416 N.W.2d 854 (Minn.Ct.App. 1987). A special use permit is not a
license issued to an individual but runs with the land. Id.
With respect to the SUP issued to Mr. Rademacher, there was no language added to
the special use permit that in any way restricted or limited the duration of the permit.
Further, the Minnesota Attorney General has ruled that it would be unlawful for a
municipality to place a time limit upon a special or conditional use permit.
Oo.Attv.Gen. no. 59a-32(2-27-90). The "conditions" which a municipality may
include in a special use permit must relate to the standards set forth in the ordinance
regarding public health, safety and welfare. lQ.. Time limitations cannot be a
"condition" of a special use permit. A separate state statute authorizes the use of
I
Mayor and Council Members
December 13, 1996
Page 4
.interim" special use permits. Minn. Stat. ~ 462.3597. However, they must be
designated as interim, Additionally, the city has repeatedly assured Mr. Rademacher
that no time limits applied to his SUP.
Even assuming the city could overcome the prohibition against time limitations on
special use permits discussed above, a further problem exists with respect to the
interpretation of the plain language of the sunset provision of the Andover city zoning
ordinance. Again, that provision provides: .If the city council determines that no
significant progress has been made in the first twelve (12) months after the approval
of the special use permit, the permit. will be null and void." This provision clearly
contemplates that the city council must take some affirmative action, that is, make a
determination that no significant progress has been made. Further, that determination
must be made within the first twelve months following approval of the SUP. That
cannot be done in this case as the SUP was already two years old at the time the
zoning ordinance was amended. Even if we assume that the adoption of the sunset
provision gave the council the right to examine preexisting SUPs, the fact remains that
the city council made no such determination during the following twelve months. In
fact, the city made a contrary representation to Mr. Rademacher.
It is clear that if the city wishes to extinguish the Rademacher SUP, the city will need
to revoke the permit. Minnesota law is clear that a revocation of a special use permit
must be based upon sufficient or just cause. The courts would treat a revocation
without cause in the same manner as the courts would treat an arbitrary denial of a
special use permit. I think it is important to remember that it is well settled Minnesota
law that opposition from the community or from neighbors is not a sufficient basis for
the denial or revocation of a special use permit. Barton Contractina Co. v. Citv of
Afton. 268 N.W.2d 712 (Minn. 1978); Chanhassen Estates Residents' Association v.
Citv of Chanhassen. 324 N.W.2d 335 (Minn. 1984); Northoointe Plaza v. Citv of
Rochester. 457 N.W.2d 398 (Minn.Ct.App. 1990), aff'd. 465 N.W.2d 686 (Minn.
1991); Amoco Oil Co. v. Citv of Minneaoolis. 395 N.W,2d 115 (Minn.Ct.App. 1986).
I am not aware of any facts that would support a finding by the council that Mr.
Rademacher has violated the terms of the special use permit. Without such facts, a
revocation of the SUP by the city council would be arbitrary and subject to reversal in
the courts.
In his letter, Mr. Keane argues that the SUP approved in 1988 contained no site plan
and lacked important details regarding potential construction. However, the resolution
clearly indicates that the site plan is to be reviewed prior to any permits being issued
and that the holder must comply with all ordinances and codes. While this language
is general in its terms, the lack of specific construction details hardly makes the SUP
unlawful or void.
Mayor and Council Members
December 13, 1996
Page 5
Mr. Keane further argues that there have been significant changes in the
neighborhood since the SUP was issued. While this is certainly true, the zoning
classification for this property has not changed. As indicated above, a revocation of a
special use permit based upon neighborhood opposition would be overturned by the
courts.
Mr. Keane further argues that since Mr. Rademacher has made no significant
construction progress on the property the city should declare the SUP as automaticallv
null and void pursuant to the sunset provision. As I indicated above, I do not believe
this is a proper interpretation of the language of the sunset provision. The provision
clearly requires the city council to make a determination of no significant progress
within the first twelve months after approval of the SUP. This cannot be done and for
the city to conclude that the SUP is "automatically" null and void is, in my opinion, the
sort of arbitrary action which the courts regularly declare unlawful.
- CONCLUSION
A special use permit remains in full force and effect unless and until its terms are
violated by the holder. A time limit cannot be made a condition of a special use
permit unless the special use is considered an "interim use." In my opinion, it would
be arbitrary and unlawful for the city to retroactively apply the sunset provision to the
special use permit in question.
BAS:wbd
cc: Mr. Richard Fursman
Bannigan & Kelly', P.A.
, A T TOR N E Y S A T LAW
1750 NORTH CENTRAL LIFE TOWER
445 MINNESOTA STREET
SAINT PAUL. MINNESOTA 55101
10HN F. BANNIGAN. lR. (612) 224-3781
PATRICK 1. KELLY FAX (612) 223-8019
lAMES 1. HANTON
lANET M. WILEBSKI
SONG LO FAWCEIT
January 16, 1997
RECEIVED
The Honorable Mayor and Council JAN 17 1997
of the City of Andover CITY OF AN DOVER
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Special Use Permit for Lot 1, Block 6, Hills of
Bunker Lake Third Addition
Honorable Mayor and Council of the City of Andover:
/ The Andover City Administrator has requested that the undersigned review the facts
surrounding the granting of a special use permit (hereinafter S.U.P.) in September, 1988, to
determine whether said S.U.P. is voidable under Andover Ordinance No.8 LLL.
PERTINENT FACTS
The minutes of the Andover Planning and Zoning Commission (hereinafter "P & Z") for
August 23, 1988, indicate that a public hearing was held on an application by William C. Rademacher
(hereinafter the applicant) for a S.U.P. for the installation of gas tanks, motor fuel and propane tanks
on a 4.2 acre site identified as Lot 1, Block 6, Hills of Bunker Lake Third Addition. The minutes
reflect no opposition to tIlt:: proposal at the public he<lring. A.. recarrl..'!lendation of approval was
moved, seconded and passed unanimously subject to two conditions, the second of which has
continuing significance, to wit:
"The site will be reviewed by the Andover Review Committee at the
time the development will begin as it pertains to such items as parking
requirements, set-backs, green space, etc."
On September 6, 1988, the applicant appeared before the Andover City Council requesting
approval of two S. U.P.s. The S. U.P.s were both for convenience store/strip shopping centers located
at two different locations. One S.U.P. was identified for "Kensington Estates". The other S.U.P.
was identified for the "Hills of Bunker Lake". Before the Council voted on the S. U. P. in Kensington
, I Estates, the minutes reflected the following significant comment: "If he [applicant] cannot get the
Honorable Mayor and Council Page 2 January 16, 1997
permit, he will not purchase the land." The City Council approved the S.U.P. for the Kensington
Estates site.
The applicant's agent before the City Council on the S. U. P. for the Hills of Bunker Lake site
stated: ". . . this situation is the same as the previous one." The City Council approved the Hills
of Bunker Lake S.U.P.
About 13 months after receiving the two S.U.P.s, the applicant corresponded with the city
seeking an extension to his S.U.P.s. By letter dated October 24, 1989, the City Planner advised the
developer ". . . that the resolution approved by the City Council did not establish specific time limits
for the permits. "
In March of 1990, the P & Z considered an amendment to the zoning ordinance, a so-called
12 month sunset clause on variances and S.U.P.s. At the public hearing before the P & Z on March
27, 1990, the "[a]udience asked how this would affect any special use permits in effect now. Staff
stated it does not affect them. There is no retroactive language on existing permits. In addition,
special use permits already have a yearly review. This is a 'sunset clause' in addition to language
already used today." (P & Z minutes 3/27/90). Approval recommended unanimously.
I The amendment to the zoning ordinance with the 12 month sunset clause was adopted by the
council unanimously April 17, 1990.
Subsequently, in May of 1995, the applicant's attorney sought confirmation from the City that
the S. U.P. for Lot 1, Block 6, Hills of Bunker Lake Third Addition was still in full force and effect.
A "comfort letter" was issued by the City.
ISSUE
Whether the S.U.P. for Lot 1, Block 6, Hills of Bunker Lake Third Addition is voidable under
Ordinance No.8 LLL.
DISCUSSION
Before drafting this opinion, I had been provided with and had read copies of opinions issued
by Timothy A. Keane, Esq., dated December 2, 1996, on behalf of Hills of Bunker Lake
Homeowner's Association, Patrick J. Fugina, Esq., dated December 16, 1996, a member of the Hills
of Bunker Lake Homeowner's Association, John Paul Martin, Esq., dated December 17, 1996,
attorney for the developer, Rademacher Companies, Inc. and William J. Hawkins, Esq., the City
Attorney, dated December 13, 1996. I also received an excerpt of the relevant purchase agreement
from the applicant's executive vice president, Joseph M. Nemo, Jr.
Honorable Mayor and Council Page 3 January 16, 1997
I
I tend to agree with the analysis of the City Attorney. There are several legal theories which
preclude termination of the subject S. U. P.
1. Interpretation of Land Use Restrictions.
The subject S.U.P. is a type of "official control" permitted by state law. As a general rule,
any judicial challenge to the enforcement of land use decisions will be determined by whether the
municipal body's decision was unreasonable, arbitrary or capricious. See, Honn v. City of Coon
Rapids, 313 N.W.2d 409 (Minn. 1981). The municipal body would be responsible for articulating
reasons which are legally sufficient and factually supported.
A S.U.P. remains in effect indefinitely as the specific conditions are observed. See, Minn.
Stat. ~462.3595, subd. 3. The attorney general rendered an opinion that any termination of a S.U.P.
must be based upon those specified conditions. Gp. Atty. Gen. No. 59a-32, Feb. 27, 1990.
The subject S.U.P. did not have a specified condition regarding the time to commence the
development. The subject S.U.P. did not have specified duration. As of September 6, 1988, I have
seen no evidence that the City zoning code stated that development commence within a specified
I period of time.
I believe a court would conclude that the subject S.U.P. runs with the land together with any
conditions specified as of the date of issuance. Furthermore, the 1990 changes to the ordinance
would not be construed as retroactive in light of standard rules of construction as well as the
legislative history relative to this code amendment.
In my opinion, any attempt to terminate or rescind the S. U. P. would be denied by the courts
as an unreasonable exercise of the police power.
2. Estoppel of Municipal Actions.
In addition to the aforementioned legal remedy, the applicant could sue in district court for
equitable relief such as estoppel. Although not an easy claim to sustain, some judges can be
persuaded by "equitable" theories. In essence, the applicant would argue that it is being treated
unfairly if the S.U.P. was terminated or rescinded.
At the hearing before the City Council on September 6, 1988, the applicant advised the City
that he would purchase the subject property only if he could obtain the S.U.P. for which he applied.
In other words, in reliance upon the issuance of the S.U.P. without any time constraints, the applicant
made a substantial change in position, he expended the monies necessary to purchase the property and
become owner of development property within the City of Andover.
/
Honorable Mayor and Council Page 4 January 16, 1997
J
Thirteen months after approval of the S.U.P.s, applicant contacted the City to inquire about
extending the S.U.P.s, if necessary. The applicant was specifically advised that the two resolutions
approved by the City Council did not establish specific time limits for the permits. While that letter
was authored before adoption of the 12 month sunset clause on S. U.P.s, the City did have a provision
in its zoning ordinance which provide for a yearly review of S.U.P.s if so conditioned. When the
S.U.P.s were approved, the city opted not to impose that condition.
Again, the record clearly reflects that during the process of adopting the 12 month sunset
clause on special use permits, the City staff specifically addressed the issue of retroactivity. Someone
from the audience asked whether the proposed amendment would affect any special use permits now
in effect. The staff specifically stated that it does not affect them. The staff correctly pointed out
there is no retroactive language on the existing permits. The minutes go on to state: "In addition,
special use permits already have a yearly review." With the passage of the amendment to the zoning
code, Ordinance No.8 LLL, the S.U.P. for Lot 1, Block 6, Hills of Bunker Lake Third Addition,
remained legal though non-conforming.
In 1995, the applicant again inquired of the City concerning the full force and affect of its
special use permit. The City again indicated that the special use permit was in full force and affect.
Then, and only then, did the applicant by its representations invest in various planning and
I engineering documents necessary to seek approval for a site plan.
It is my considered opinion that the City would be estopped from any proceedings seeking to
impose the 12-month sunset clause on their special use S.U.P. permit. The rationale for rny opinion
is based on the following rule:
"A local government exercising its zoning powers will be estopped
when a property owner (1) relying in good faith, (2) upon some act or
omission of the government, (3) has made such a substantial change in
position or incurred such extensive obligations and expenses that it
wouid be then highly inequ.itable :md unjust to dco;troy the rights \vhich
he ostensively had acquired. . . . stated somewhat differently, before [a
property owner] can be said to have made a significant investment
deserving of judicial protection in a land use case, he must demonstrate
expenditures that are unique to the proposed project and would not be
otherwise usable." Ridgewood Development Co. v. State, 294 N.W.2d
288 (Minn. 1989) at 292 (emphasis in original; citations omitted).
Enforcement of local zoning regulations can be estopped. Stillwater Township v. Rivard, 547
N.W.2d 906 (Minn. App. 1996). Furthermore, such local zoning regulations and actions "should be
construed strictly against the city and in favor of the property owner." Frank's Nursery Sales v. City
I of Roseville, 295 N.W.2d 604, 608 (Minn. 1980).
Honorable Mayor and Council Page 5 January 16, 1997
/
The key here is the consistent position taken by the City toward the developer representing
that a special use permit is in full force and effect irrespective of the subsequent adoption of the 12
month sunset clause for special use permits. Presumably, the applicant would argue that the repeated
reassurances from the City "wrongfully induced" the applicant to refrain from commencing
development.
CONCLUSION
For the reasons set forth in the City Attorney's opinion as well as those hereinbefore
developed, I am of the opinion that the applicant continues to have a legal, though maybe non-
conforming, special use permit subject to two conditions.
Respectfully submitted,
~
I
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.,;
~lar Andover City Council Meeting
linutes - June 6, 1995
.t?age 5
(Rescind Ordinance 87 and Adopt Snowmobile & ATV Ordinance, Continued)
MOTION by Knight, Seconded by Kunza, to adopt the Snowmobile & ATV
Ordinance with the suggested changes. Motion carried on a 3-Yes, 2-
Absent (Dehn, McKelvey) vote.
Acting Mayor Jacobson then asked for a motion to rescind Ordinance 87 on
snowmobiles.
MOTION by Knight, Seconded by Kunza, to so move. Motion carried on a 3-
Yes, 2-Absent (Dehn, McKelvey) vote.
AWARD BIDS!IP93-7!CITY HALL PARK COMPLEX #2 IRRIGATION
MOTION by Knight, Seconded by Kunza, the Resolution accepting bids and
awarding contract for the improvement of Project 93-7 for irrigation at
City Hall Park Complex #2 as presented awarding bid to Mickrnan Brothers
Nurseries. (See Resolution R095-95 for $126,631) Motion carried on a
3-Yes, 2-Absent (Dehn, McKelvey) vote.
i.PPROVE FINAL PLAT!ELDORADO ESTATES ,
Attorney Hawkins advised the plat be approved contingent upon receipt of
the title insurance and the signing of the development contract.
MOTION by Knight, Seconded by Kunza, the Resolution with those two added
provisions. (See Resolution R096-95 approving the final plat of
Eldorado Estates) Motion carried on a 3-Yes, 2-Absent (Dehn, McKelvey)
vote. r\!
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RADEMACHER COMPANIES/REQUEST FOR CONFIRMATION LETTER \3q f;\\l~'
Mr. Carlberg explained Rademacher Companies, Inc. , is looking for a
motion from the Council indicating that the Special Use Permit granted
in 1988 for the installation of gas tanks, motor fuel and propane tanks
on Lot ", Block 6, Hills of Bunker Lake 3rd is still valid today.
Attorney Hawkins advised there is nothing in the ordinance that would
rescind it. He advised the Council can pas s a motion confirming the
validity of both Resolutions 202-88 and 203-88.
MOTION by Kunza, Seconded by Knight, to so move. DISCUSSION: Acting
Mayor Jacobson thought the City is bound by what was done, b\lt he does
have a concern that there is already two gas stations in the vicinity
,nd this allows a third one very close to the others. He did not think
~hat is very good planning, that the City needs a mix of uses. Motion
carried on a 3-Yes, 2-Absent (Dehn, McKelvey) vote.
/
Regular Andover City Council Meeting
Minutes - March 21, 2000
Page 16
.
(Information Services Technician Position, Continued)
Motion by Ortte!, Seconded by Knight, to approve the Staff request of Item 10 for an Information
Services Technician. Motion carried on a 4- Yes, I-Absent (Jacobson) vote.
MAYOR/COUNCIL INPUT
Moratorium on cell towers- Mr. Carlberg reported Staff is working on the ordinance and will be
bringing that to the Planning Commission and City Council. He will talk with Staff to expediting
that item:-
Sewer rates _ Councilmember Orttel asked for a report on whether the City's rates are staying in line
I with those of the metropolitan area.
Code enforcement _ Councilmember Orttel noted a memorandum from a resident on the issue of
code enforcement ofletters sent out which indicated someone had complained when it was in fact
a violation observed by Staff. He asked if the City is going to pursue the legal action per the letter.
Councilmember Knight stated he is not in favor of playing "eye spy". If there is a complaint or if
something is really noticeable, deal with it; but there is a line that should be kept. He also preferred
the letters be nonthreatening, and he preferred working with the individuals. Mr. Fursman explained
the letters were sent out with an error. Staff had always operated on complaints, and that language
was not changed in the letters. Mr. Carlberg felt the letters have been toned down. Staff was
frustrating driving by three violations to get to one. This was a systematic approach to get the entire
area to comply. Staff is working with those residents to comply. Ifthey are having trouble doing
so, they are being given more time. He felt the final decision on legal action can be held off as long
as they need it.
Interim zone other than NB _ Councilmember Orttel suggested consideration be given to establishing
an interim zone along the major roads as a buffer to the housing, thinking specifically of Bill's
Superette on Hanson Boulevard. Mr. Carlberg stated that zone for office buildings, etc., would be
the Limited Business zone which is already in the ordinance.
Mixed housing _ Councilmember Knight suggested the City consider achieving the housing goals
by requiring them in the various plats to spread them out. Possibly a percentage of any R-4 plat
I should be established for multiples and rentals. He'd like to see something done in terms of minimal
housing prices. Attorney Hawkins stated the easiest way to manage affordable housing is to regulate
the square footage. Others agreed the City does not want to cluster multi-family or lower-income
housing in one area. Mr. Carlberg suggested the Council tour some of the developments where those
housing styles are integrated. The Council generally agreed that should be done at some work
session, asking that a schedule be brought back to the April 4 meeting.
~
Regular Andover City Council Meeting
Minutes - June 6, 2000
Page 14
(Approve Revised Draft Comprehensive Plan for Submittal to Met Council, Continued)
Jerrv Windschitl - asked for a copy of the updated land use map. Are any properties he owns
proposed to have a land use change? Mr. Hinzman stated the land use map is not yet available, but
land uses on Mr. Windschitl' s properties have not changed. Mr. Carlberg noted the Draft Plan being
submitted is subject to a public hearing.
Motion by Knight, Seconded by Jacobson, to approve the submittal of the revised comments in the
Comprehensive Plan with changes made tonight. Motion carried unanimously. The Council thanked
the Staff for all their hard work and efforts on this Plan and on the entire high school situation.
DISCUSS CONTRACT REZONINGS
Mr. HinZrnnn stated the item was brought before the Planning and Zoning Commission on May 23
for direction. They were in favor of contract rezonings for multiples in the future. He asked the
Council to authorize the drafting of an ordinance and holding a public hearing before the Planning
/ Commission for contract rezonings on multiples, then bring it to the City Council for approval.
Councilmember Orttel suggested they have contract rezonings on commercial industrial rezonings
as well.
Motion by Jacobson, Seconded by Johnson, to so move. Motion carried unanimously.
DISCUSS TRANSITIONAL COMMERCIAL DISTRICTS
Mr. Hinzman stated the Planning Commission was in favor of looking at transitional commercial
districts as being similar to limited business districts, feeling the uses are more conducive to the
close proximity of the residential area. Those uses generally do not operate 24 hours a day, nor do
they generate a lot of traffic. Discussion was to look.at the minimum setbacks, limiting the hours
of operation, lighting, traffic and exterior storage provisions. The thought was to make the limited
business the transitional commercial business. He asked the Council to authorize a public hearing
on an ordinance change.
Councilmember Knight suggested talking to some of the cities to the west who are going through
this same process. Councilmember Orttel noted Adult Uses should be eliminated from that district.
Motion by Orttel, Seconded by Knight, to direct the Planning Commission to hold the public
hearing. Motion carried unanimously.
I
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~
J Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 7
(Comp Plan AmendmentlRM to C and RezoninglM-2 to GBI7th Ave & BunkerlSonsteby, Continued)
sides of her and she's had to live with storm water in her basement for two years. She also stated
that Anoka had agreed to provide sewer to the Good Value development in 1983, though that was
never done. But, she alleged, they got sewer without having any feasibility done. She didn't know
why she was required to go through this process. The Council explained that because they have
fmally gotten an answer regarding sewer service from Anoka. they now know how this area can be
served with municipal sewer; and because of the development time frame, she would now be able
to develop to the current zoning. A feasibility study would be needed to determine costs and the
specifics. Ms. Sonsteby was urged to meet with Staff to discuss all options and the procedure. There
may also be some ability to get some commercial with the multiple housing under a contract zoning
or PUD.
Motion by Jacobson, Seconded by Johnson, that the City Council deny the request for a
Comprehensive Plan Amendment change on property owned by Rosella Sonsteby rocated in the
Southeast Quarter of Section 30, since the City service issue has been resolved and it would be a loss
of medium density which is listed in the Comprehensive Plan that takes precedence in the zoning.
(Resolution RI5S-00) Motion carried unanimously.
Motion by Jacobson, Seconded by Johnson, on Item 5, approve the prepared Resolution denying the
rezoning request. (Resolution R156-00 denying the rezoning request on property owned by Rosella
Sonsteby located in the Southeast Quarter of Section 30, PIN 30-32-24-43-0001) Motion carried
unanimously.
*' AMEND ORDINANCE 8 I CONTRACT REZONlNGS I TRANSITIONAL COMMERCIAL
- DISTRICTS
Mr. Carlberg explained the proposed amendments to Ordinance 8 pertain to contract rezonings for
all commercial, industrial and multi-family rezonings and to the Limited Business District which has '
been cleaned up to make it more compatible with adjacent neighborhoods. Councilmember Ortte1
stated there are occasions when rezonings are a planning tool of the City, such as in a new
Comprehensive Plan. He wondered if the City could be exempt from this. Attorney Hawkins
suggested language be added to exempt City-initiated applications.
Councilmember Jacobson suggested the language on Page 1 of the proposed amendment, Section
5.02 (G)(3)(b), that the Council would commence rezoning of the property to the previous zoning
district if the final plat or site plan is not adhered to, not the preliminary plat. Mr. Carlberg explained
any changes would have to be approved by the Council. This would apply even in cases such as
I changing the frontage of the buildings several years down the road, or a change in use in the future.
If retail trade and services is approved in the contract initially, any change in business that stays with
the retail trade and services could be done without Council approval. He was comfortable adding
fmal plat along with preliminary plat and site plan.
,.
) Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 8
(Amend Ordinance 8/Contract Rezonings/Transitional Commercial Districts, Continued)
Councilmember Jacobson also wondered about the ability of the City to enforce this section if, for
instance, the building is two-thirds completed but the terms of the contract are not adhered to.
Would the court rule for the City since the developer already has a substantial investment in the
project? Attorney Hawkins stated it depends on what is being contested. The contract would be
freely entered into by both parties, so he felt it would be sustained if the violation was substantial.
He is comfortable with the amendment as proposed. It becomes a risk for the landowner who signed
the contract not to comply with it. A provision in the contract would have to be added to require
removal of the structure for nonconformance of the contract.
After some discussion, it was agreed to the following change:
(B) Provision to allowThe City Council to commence rezoning of the property to the previous
zoning district if the preliminary plat, final plat and/or site plan is not adhered to. Said
zoning change shall not be contested by the property owner or signer of the zoning contract.
The wording, "This does not pertain to City initiated rezonings." is also to be added to the
amendment.
Jerry Windschitl - suggested getting an opinion from a financial expert, as this may make it unable
to obtain financing on some properties. When lending institutions look at this zone and the
underlying documents, they may not want to [mance it. If there is a situation with a contract on
property and some future complaints of neighbors or a future Councilor other third parities can
decide what mayor may not take place on it, a lender will not want to support it. Typically the
lender would rely on the underlying zoning district. In a contract rezoning, the zone would not
necessarily remain. Councilmember Orttel felt that is a good point. He suggested the EDA's
consultant, Mike Malrooney, be asked to comment on this.
Motion by Knight, Seconded by Ortte!, to approve the changes to Ordinance 8 as amended. Motion
carried unanimously.
ERN NATURAL GAS EASEMENT/GREY OAKS
Jerrv Wind itl - stated a lot of properties along the pipeline could get beat up with this. He tried
to resolve the 1 ue with the indemnification agreement. He was not aware that his attorney was told
today that the Ci 's attorney does not agree. Attorney Hawkins stated apparently Northern Natural
Gas won't allow hi o install utilities within their easement without their permission. He reiterated
the City should not be 1 volved, as it is a dispute between the land owner and Northern Natural Gas.
He also didn't think the '~OUld award a contract to attempt to install utilities and have Northern
bring an injunction or claim he City doesn't have the right to put the utilities through there.
\
)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. SYYYYY
Ordinance 8 is hereby amended as follows:
5.02 Rezonings. The procedure for changing zoning district boundaries
(rezoning) shall be as follows:
(G) Contract Rezonings
( 1) Purpose. The purpose for the contract is to formalize development
standards to ensure consistency and compatibility with surrounding
land uses and neighborhoods.
(2) Execution. Execution of a zoning contract recorded with the property
shall be compulsory for all rezonings to multiple family, commercial,
and\or industrial districts, including the following:
. M-l, Multiple Dwelling Low Density
. M-2, Multiple Dwelling
. LB, Limited Business
. NB, Neighborhood Business
. GB, General Business
. SC, Shopping Center
. I, Industrial
(3) Standards. The following standards shall be included in the zoning
contract:
(a) Agreement to layout, develop and maintain the subject
property as presented in the accompanying preliminary plat or
site plan.
(b) Provision to allow the City Council to commence rezoning of
the property to the previous zoning district if the preliminary
plat or site plan is not adhered to. Said zoning change shall not
be contested by the property owner or signer of the zoning
contract.
\
(c) Additional standards may be included to protect the health,
safety, and general welfare of surrounding land uses.
(4) Modifications. Any modification or revision to the zoning contract or
, attached plans shall be prohibited without majority consent ofthe
City Council. Any substantial modification as determined by the City
Council shall be subiect to a public hearing and notification of
adjacent property owners pursuant to the public hearing requirements
of this ordinance.
6.02 Minimum Requirements
Lot Area Per Dwelling Unit (square feet): LB
2-Farnily Home 7,000.
Apartments (square feet):
Efficiency 1,500.
I-Bedroom Units 2,500.
2- or More Bedroom Units 3,500.
Floor Area Per Dwelling Unit (square feet):
2-Farnily Home &00
Apartments (square feet):
Efficiency ~
I-Bedroom Units +00
Each Additional Bedroom (Plus) +.w
7.01 Permitted Uses
Business Districts:
LB, Limited Business
,
Barber Shops, Beauty Salons and Tanning Studios
Business schools
Churches
Day Care Centers
Essential Service Structures - including but not limited to
buildings such as telephone exchange stations, booster or sub-
stations, elevated tanks and lift stations conforming to architectural
style ofthe neighborhood.
Financial Institutions
/
Medical and dental clinics
i
Mortuaries and funeral homes
Professional offices (loading berths prohibited)
Professional studios
Rest homes and nursing homes
Urban agricultural (SZZ, 3 15 gg)
Veterinary Clinics (no outside pens or animal storage)
In no circumstances shall exterior storage be permitted.
7.03 Special Uses
Business Districts:
LB, Limited Business
Adult USI3 Businl3ssl3s as defined in Ordinance ff 9:1 and as
I
amended. (Rt'!NN, 7 17 90)
Clubs and lodges
Liquor License (gL, 7 21 g 1)
Motels (gZ, 3 15 gg)
Churches
Commercial Greenhouse
Restaurants
Retail Trade and Services
Twenty-Four (24) Hour Continuous Operation of permitted uses
7.lH Uses Excluded
In-bB, Limited Business District:
/
Exterior Stora~e
/
All other sections of this ordinance shall remain as written.
Adopted by the City Council of the City of Andover on this 18th day of July, 2000.
CITY OF ANDOVER
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ATTEST: ;J.E. McKelvey, Mayol-
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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.ANDOVERMN.US
TO: Mayor and Councilmembers
CC: John Erar, City AdministratoiV
FROM: David Carlberg, Community evelopment Director L.-
Courtney Bednarz, City Planner
SUBJECT: Ultralite Update - Planning
DATE: September 18,2001
INTRODUCTION
Recent flight activity in the southeastern portion of the City has caused several inquiries
regarding regulations for ultralite vehicles. This report is intended to provide information
related to this topic.
DISCUSSION
The property utilized as an air field is located to the northeast of Prairie Road and Andover
Boulevard. This is a rural area consisting of both open fields and rural residential lots. City staff
as well as the Anoka County Sheriffs Office have received complaints regarding the noise and
potential safety hazards associated with the ultralite vehicles.
Staff met with the property owner to discuss the use of the property as an air field. The property
owner is also concerned that the level of activity needs to be reduced. He has committed to limit
flight activity to personal use. The property owner has also volunteered to avoid residential
neighborhoods in flight. It should be noted that the field has been recently tilled and therefore
may not be used as an airfield until Winter.
Existing Regulations
Ultralite vehicles are regulated by the Federal Aviation Administration (FAA). Title 14,
Chapterl03 of the Federal Code provides the specific regulations for ultralite vehicles. This
chapter discusses operations in prohibited or restricted areas as well as operations over congested
areas. Prohibited and restricted areas refer specifically to air space and are typically associated
with air bases or established flight zones. The statement for congested areas is as
follows:
/
No person may operate an ultralite vehicle over any congested area of a city, town, or settlement,
or over any open air assembly of persons. There is currently no specific definition for congested
areas, although a representative of the FAA believes congested areas do include suburban
residential neighborhoods where it would be difficult if not impossible for a vehicle to make an
emergency landing. The FAA is the agency responsible for enforcing these regulations.
Local Ordinances
The noise ordinance provides for the measurement of sound for a continuous period of both ten
and fifty percent of one hour. The level of sound constituting a violation is 65 decibels between
the hours of7am and IOpm. It is possible that continuous takeoffs could constitute a violation of
this ordinance. Noise monitoring would be necessary to determine ifthe noise standards are
violated.
Section 8.19 Other Nuisance Characteristics provides restrictions on odors, vibration, smoke, air
pollution, and animals but does not provide specific language that can be applied to ultralite
vehicles.
If the City wishes to regulate landing areas specifically, or as a special use, or eliminate landing
areas from Andover entirely, Ordinance 8 will need to be amended to provide the appropriate
language.
It should be noted that eliminating landing areas will not necessarily eliminate air traffic. A
landing area is located nearby in Ham Lake.
ACTION REOUIRED
This report provides information for the Council to consider.
Cc: Dean Clossey, 2715 134th Lane NW
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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 Enu-, City AdminJJ;""~
FROM:
Jim Dickinson, Finance Director
SUBJECT: Payment of Claims
DATE: September 18,2001
INTRODUCTION --
Attached are disbursement edit lists totaling $1,087,653.32 for claims related to the on going
business of the City of Andover.
DISCUSSION
Claims totaling $89,750.50 on disbursement edit list #1 dated 09-11-01 have been issued and
released.
Claims totaling $997,902.82 on disbursement edit list #2 dated 09-18-01 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.
-
.
Mayor and Council Members
September 18, 2001
Page 2 of2
ACTION REOUlRED
The Andover City Council is requested to approve total Claims in the amount of $1,087,653.32
and sign below:
Mayor
Mike Gamache
Councilmembers
Don Jacobson
Mike Knight
Ken Orttel
Julie Trude
..
Attachments
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DATE September 18. 2001
ITEMS GIVEN TO THE CITY COUNCIL
. August Monthly Building Department Report
. Application for Temporary Use of Sunshine Park Building Conference Room
. Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
G:IDA T AIST AFFIRHONDAAIAGENDAICCLlST.DOC
--
~
.'
TO: Mayor and City Council rJP AUGUST
FROM David Almgren
RE: 2001 Monthly Building Report
BUILDING PERMITS
PermiUPlan Tax Total Valuation
21 Residential 10 SIW 7,Septic 4 Town $ 44,190.93 $ 1,578.00 $ 45,768.93 $ 3,156,000.00
9 Additions $ 2,639.50 $ 45.40 $ 2,684.90 $ 90,800.00
5 Garages $ 1,800.22 $ 31.60 $ 1,831.82 $ 63,200.00
2 Remodeling/Finishing $ 80.00 $ 1.00 $ 81.00
2 Commercial Building $ 3,256.28 $ 98.86 $ 3,355.14 $ 197,716.00
1 Pole Bldgs/Barns $ 287.51 $ 4.75 $ 292.26 $ 9,500.00
2 Sheds $ 222.04 $ 2.85 $ 224.89 $ 5,700,00
5 Swimming Pools $ 813.85 $ 21.70 $ 835,55 $ 43,400.00
Chimney/Stove/Fireplace $ -
4 Structural Changes $ 569.61 $ 10.50 $ 580.11 $ 20,000.00
46 Porches/Decks/Gazebos $ 6,270.87 $ 91.72 $ 6,362.59 $ 182,341.00
1 Repair Fire Damage $ 866.21 $ 18.98 $ 885.19 $ 37,964,00
33 Re-Roof/Siding $ 1,320.00 $ 16.50 $ 1,336.50
1 Other $ 248.24 $ 8.90 $ 257.14 $ 7,800.00
Commercial Plumbing $ -
3 Commercial Heating $ 1,079.53 $ 21.93 $ 1,101.46 $ 43,862.00
Commercial Fire Sprinkler $ -
Commercial Utilities $ -
Commercial Grading $ -
$ -
135 SUBTOTAL $ 63,644.79 $ 1,952.69 $ 65,597.48 $ 3,858,283,00
PERMITS FEES COLLECTED
135 Building Permits $ 63,644.79 $ 1,952.69 $ 65,597.48
^ _ n. .:1-1:__ <I: -
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 Erar, City Administrator
SUBJECT: Supplemental Agenda Items for September 18,2001 Council Meeting
DATE: September 18,2001
The Council is requested to review the supplemental material for the following Agenda Items:
Table -
Item 21. Winslow Hills Neighborhood Project - Request for City Assistance - Administration
The citizen has requested that this item be tabled.
Respectfully submitted,
il{~~C;~-~-,
John F. Erar
'city Administrator
--
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
FROM: John Erar, City Administrator
SUBJECT: Executive Session - Woodland Development Litigation
DATE: September 18,2001
INTRODUCTION
Council has scheduled an Executive Session to discuss confidential legal issues associated with a
Complaint and Summons served on the City of Andover by Woodland Development Corporation.
DISCUSSION
Litigation filed by Woodland Development alleges eight separate counts against the City including:
Breach of Contract (5 Counts), Consumer Fraud, Accounting, and Violation of State Law. The complaint
document is public information and may be provided to the media and/or other interested parties as may
be requested. Costs for copying may be charged in accordance with the City's fee schedule and may be
obtained by contacting the City Clerk's Office.
In preliminary response to this litigation, my office has contacted the League of MN Cities Insurance
Trust (LMCIT) and transmitted copies of the summons filed by Woodland Development. Mr. Peter Tritz,
LMCIT Director, will be reviewing the summons to determine their role with respect to defending the
City in this matter. Similarly, copies of the summons have been transmitted to Mr. Jim Miller, Executive
Director of the League of MN Cities due to the nature of issues alleged by Woodland Development. In
addition, City Attorney Hawkins and the management team has reviewed the legal documents and will be
briefing the Council at the Executive Session.
As this matter is now in litigation, Council must schedule an Executive Session to review and discuss
confidential legal matters associated with defending the City. Similarly, all public inquiries should be
directed to my office for review, forwarding to appropriate parties and/or response if appropriate.
ACTION REOUIRED
An Executive Session has been scheduled following this evening's Council meeting.
--
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF ANOKA TENTH JUDICIAL DISTRICT
----- CASE TYPE:
Woodland Development Corporation, FileNo.
a Minnesota corporation,
Plaintiff,
SUMMONS
v.
City of Andover, a Minnesota
municipal corporation,
Defendant.
----------- -------------------
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANT. --
You are hereby summoned and required to serve upon plaintiffs attorneys an answer to the
complaint which is herewith served upon you within twenty (20) days after service of this summons upon
you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you
for the relief demanded in the complaint.
This case may be subject to Alternative Dispute Resolution (ADR) processes under Rule 114 of
the General Rules of Practice for the District Courts. The Court Administrator or your attorney can
provide you with information about ADR options and a list of neutrals available in your area. ADR does
not affect your obligation to respond to the summo s and complaint within twenty (20) days.
Dated:
Gary . Van Cleve (156310)
Christopher 1. Deike (290300)
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Wells Fargo Plaza
7900 Xerxes A venue South
Bloomington, Minnesota 55431-1 194
(952) 835-3800
Attorneys for Plaintiffs
::ODMA IPCDOCS\LIBl \702714\1
--
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF ANOKA TENTH JUDICIAL DISTRICT
a______________________________________________________ CASE TYPE: Contract
Woodland Development File No.
Corporation, a Minnesota
corporation,
Plaintiff, COMPLAINT
v.
City of Andover, a Minnesota
municipal corporation,
Defendant.
-------------------------------------------------------
-
For its complaint against defendant City of Andover, Minnesota ("City"), plaintiff
Woodland Development Corporation ("Woodland") states and alleges as follows:
PARTIES
1. Woodland is a Minnesota corporation located at 13632 Van Buren Street NE,
Ham Lake, Minnesota 55304.
2. Upon information and belief, the City is a Minnesota municipal corporation
located at 1685 Crosstown Boulevard NW, Andover, Minnesota 55303.
FACTUAL BACKGROUND
3. During the years 1997 through 2000, Woodland entered into five (5) development
contracts for residential developments with the City (collectively "Development Contracts").
Woodland Estates Contract
4. On or about March 18, 1997, Woodland entered into a development contract with
the City under which Woodland was authorized to develop a plat of real property to be known as
Woodland Estates ("Woodland Estates Contract"). A true and correct copy of the Woodland
Estates Contract is incorporated into this complaint and attached as Exhibit A.
5. Section 5 ofthe Woodland Estates Contract requires that Woodland "fully
reimburse the City for all costs incurred by the City including, but not limited to, the actual costs
of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs,
costs of acquisition of necessary easements, if any, and any other costs incurred by the City
relating to this Development Contract and the installation and financing of the aforementioned
improvements. "
6. In addition, in regard to City improvements, Section 3(G)(2) of the Woodland
Estates Contract requires that Woodland "provide to the City a cash escrow or letter of credit in
an amount equal to fifteen (15%) percent of the total estimated cost of said improvements as
established by the City Engineer.. .Said cash escrow, including accrued interest thereon, or letter
of credit, may be used by the City upon default by Developer in the payment of special
assessments pursuant hereto, whether accelerated or otherwise... The entire cost of the
installation of such improvements, including any reasonable engineering, legal and
administrative costs incurred by the City, shall be assessed against the benefited properties within
the Subdivision in ten (10) equal annual installments with interest on the unpaid installments at a
rate not to exceed the maximum allowed by law."
7. Section 10 of the Woodland Estates Contract further requires that Woodland
"reimburse the City for all costs incurred by the City in defense of enforcement of this contract,
or any portion thereof, including court costs and reasonable engineering and attorneys' fees."
2.
---
Cherrvwood Estates Contract
8. On or about March 18, 1997, Woodland entered into a development contract with
the City under which Woodland was authorized to develop a plat of real property to be known as
Cherrywood Estates ("Cherrywood Estates Contract"). A true and correct copy of the
Cherrywood Estates Contract is incorporated into this complaint and attached as Exhibit B.
9. Section 5 of the Cherrywood Estates Contract requires that Woodland "fully
reimburse the City for all costs incurred by the City including, but not limited to, the actual costs
of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs,
costs of acquisition of necessary easements, if any, and any other costs incurred by the City
relating to this Development Contract and the installation and financing of the aforementioned
improvements. "
10. In addition, in regard to City improvements, Section 3(G)(2) of the Cherrywood
Estates Contract requires that Woodland "provide to the City a cash escrow or letter of credit in
an amount equal to fifteen (15%) percent of the total estimated cost of said improvements as
established by the City Engineer.. .Said cash escrow, including accrued interest thereon, or letter
of credit, may be used by the City upon default by Developer in the payment of special
assessments pursuant hereto, whether accelerated or otherwise. .. The entire cost of the
installation of such improvements, including any reasonable engineering, legal and
administrative costs incurred by the City, shall be assessed against the benefited properties within
the Subdivision in ten (10) equal annual installments with interest on the unpaid installments at a
rate not to exceed the maximum allowed by law."
3.
11. Section 10 of the Cherrywood Estates Contract further requires that Woodland
"reimburse the City for all costs incurred by the City in defense of enforcement of this contract,
or any portion thereof, including court costs and reasonable engineering and attorneys' fees."
Timber River Estates Contract
12. On or about May 20, 1997, Woodland entered into a development contract with
the City under which Woodland was authorized to develop a plat of real property to be known as
Timber River Estates ("Timber River Estates Contract"). A true and correct copy of the Timber
River Estates Contract is incorporated into this complaint and attached as Exhibit C.
13. Article 4 of the Timber River Estates Contract requires that Woodland "fully
reimburse the City for all costs incurred by the City including, but notlimited, to the actual costs
of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs,
costs of acquisition of necessary easements, if any, and any other costs incurred by the City
relating to this Development Contract aild the installation and financing of the aforementioned
improvements. The Developer agrees to deposit with the City such sums as required by the City
Administration. Said amount shall bear no interest and the City shall have the right to pay all
fees and expenses and costs which are the obligations of the Developer under this contract from
the aforementioned escrow deposit. Any monies remaining after the payment of said fees and
costs shall be returned to the Developer."
14. Article 9 of the Timber River Estates Contract further requires that Woodland
"reimburse the City for all costs incurred by the City in defense of enforcement of this contract,
or any portion thereof, including court costs and reasonable engineering and attorneys' fees."
4.
---
Woodland Meadows Contract
15. On or about August 17, 1999, Woodland entered into a development contract with
the City under which Woodland was authorized to develop a plat of real property to be known as
Woodland Meadows - 3rd Addition ("Woodland Meadows Contract"). A true and correct copy
of the Woodland Meadows Contract is incorporated into this complaint and attached as Exhibit
D.
16. Article 4 of the Woodland Meadows Contract requires that Woodland "fully
reimburse the City for all costs incurred by the City including, but not limited, to the actual costs
of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs,
costs of acquisition of necessary easements, if any, and any other costs incurred by the City
relating to this Development Contract and the installation and financing of the aforementioned
improvements. The Developer agrees to deposit with the City such sums as required by the City
Administration. Said amount shall bear no interest and the City shall have the right to pay all
fees and expenses and costs which are the obligations of the Developer under this contract from
the aforementioned escrow deposit. Any monies remaining after the payment of said fees and
costs shall be returned to the Developer."
17. Article 9 of the Woodland Meadows Contract further requires that Woodland
"reimburse the City for all costs incurred by the City in defense of enforcement of this contract,
or any portion thereof, including court costs and reasonable engineering and attorneys' fees."
Woodland Estates II Contract
18. On or about January 4,2000, Woodland entered into a development contract with
the City under which Woodland was authorized to develop a plat of real property to be known as
5.
--
Woodland Estates - Second Addition ("Woodland Estates II Contract"). A true and correct copy
of the Woodland Estates II Contract is incorporated into this complaint and attached as Exhibit E.
19. Section 5 of the Woodland Estates II Contract requires that Woodland "fully
reimburse the City for all costs incurred by the City including, but not limited to, the actual costs
of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs,
costs of acquisition of necessary easements, if any, and any other costs incurred by the City
relating to this Development Contract and the installation and financing of the aforementioned
improvements."
20. In addition, in regard to City improvements, Section 3(G)(2) of the Woodland
Estates II Contract requires that Woodland "provide to the City a cash escrow or letter of credit in
an amount equal to fifteen (15%) percent of the total estimated cost of said improvements as
established by the City Engineer.. .Said cash escrow, including accrued interest thereon, or letter
of credit, may be used by the City upon default by Developer in the payment of special
assessments pursuant hereto, whether accelerated or otherwise... The entire cost of the
installation of such improvements, including any reasonable engineering, legal and
administrative costs incurred by the City, shall be assessed against the benefited properties within
the Subdivision in ten (10) equal annual installments with interest on the unpaid installrnents at a
rate not to exceed the maximum allowed by law."
21. Section 10 of the Woodland Estates II Contract further requires that Woodland
"reimburse the City for all costs incurred by the City in defense of enforcement of this contract,
or any portion thereof, including court costs and reasonable engineering and attorneys' fees."
6.
City Assessments
22. During the duration of the Development Contracts, the City assessed fees against
Woodland allegedly based on the time City staff members spent on each development proj ect.
These assessments exceeded the costs actually incurred by the City.
23. Stafftime was assessed against Woodland at a rate of2 to 2.9 times the hourly
rate actually paid to each individual staff member.
24. The number of hours assessed against Woodland by City staff members exceeded
the number of hours said employees actually worked on Woodland projects.
25. Time reports completed by City staff members only indicated the total number of
hours to be assessed against Woodland and did not contain a description ofthe work performed
by the staff member during those hours.
26. The City fabricated time cards with explanations of services performed for people
no longer employed with the City.
27. The City withdrew amounts from the escrow accounts for the assessment of
engineering, legal and administrative costs which were not reasonable and contrary to the terms
ofthe Woodland Estates Contract, Cherrywood Estates Contract and Woodland Estates II
Contract, which only allowed withdrawal of reasonable amounts in the event Woodland
defaulted in the payment of any special assessment. Woodland never defaulted in such
payments.
28. The City withdrew amounts from the sums deposited with the City pursuant to the
Timber River Estates Contract and Woodland Meadows Contract which exceeded the fees,
expenses and costs Woodland was obligated to reimburse under the contracts and, therefore,
contrary to the terms of these contracts.
7.
--
29. On or about May 24,2001, Woodland sent two letters to the City, one to the City
Administrator from Byron D. Westlund, Executive Vice President of Woodland, and the other to
the Mayor, City Council and City Administrator from Lawrence B. Carlson, owner of Woodland,
requesting clarification of the City's practices and policies and requesting documentation for
amounts assessed and the validity of said amounts. True and correct copies of Woodland's May
24, 2001 letters are incorporated into this complaint and attached as Exhibit F.
30. On or about July 6,2001, the City provided written response to the May 24,2001
letters in which the City claims no wrong-doing or error and states that the City may assign the
costs of defending the Development Contracts to Woodland should Woodland continue to
challenge the terms and conditions of the contracts. A true and correct copy ofthe City's July 6,
2001 letter is incorporated into this complaint and attached as Exhibit G.
COUNT I
BREACH OF CONTRACT
WOODLAND ESTATES CONTRACT
31. Woodland incorporates by reference paragraphs 1 through 30 into this count.
32. As set forth above, on or about March 18, 1997, Woodland entered into the
Woodland Estates Contract with the City.
33. Section 5 of the Woodland Estates Contract requires that Woodland "fully
reimburse the City for all costs incurred by the City including, but not limited to, the actual costs
of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs,
costs of acquisition of necessary easements, if any, and any other costs incurred by the City
relating to this Development Contract and the installation and financing of the aforementioned
improvements. "
8.
--
34. The City breached Section 5 of the Woodland Estates Contract by assessing costs
against Woodland which were in excess of the actual costs incurred by the City.
35. Section 3(G)(2) of the Woodland Estates Contract requires that Woodland
"provide to the City a cash escrow or letter of credit in an amount equal to fifteen (15%) percent
of the total estimated cost of said improvements as established by the City Engineer... Said cash
escrow, including accrued interest thereon, or letter of credit, may be used by the City upon
default by Developer in the payment of special assessments pursuant hereto, whether accelerated
or otherwise... The entire cost of the installation of such improvements, including any reasonable
engineering, legal and administrative costs incurred by the City, shall be assessed against the
benefited properties within the Subdivision in ten (10) equal annual installments with interest on
the unpaid installments at a rate not to exceed the maximum allowed by law."
36. Upon information and belief the City breached Section 3(G)(2) of the Woodland
Estates Contract by automatically withdrawing amounts from the escrow account without any
default on the part of Woodland in the payment of any special assessment.
37. Upon information and beliefthe City breached Section 3(G)(2) of the Woodland
Estates Contract by withdrawing amounts from the escrow account for the assessment of
engineering, legal and administrative costs which were not reasonable.
38. Section 10 of the Woodland Estates Contract requires that Woodland "reimburse
the City for all costs incurred by the City in defense of enforcement of this contract, or any
portion thereof, including court costs and reasonable engineering and attorneys' fees."
39. The City breached Section 10 of the Woodland Estates Contract to the extent it
assessed amounts against Woodland for inquiries made regarding City assessments against
Woodland, inquiries made regarding the City's policies and procedures on assessments and any
9.
--
other amounts assessed by the City against Woodland pursuant to this section which did not
constitute the defense of the enforcement of the contract.
40. The Woodland Estates Contract includes an implied duty of good faith and fair
dealing.
41. The City breached its implied duty of good faith and fair dealing when it assessed
unreasonable fees against Woodland which exceeded the actual costs incurred by the City.
42. As a direct and proximate result ofthe City's breaches of the Woodland Estates
Contract and the City's breach of its implied duty of good faith and fair dealing, Woodland has
suffered damages as well as interest, costs, disbursements, and attorney's fees, the exact amount
to be proven at trial. -
COUNT II
BREACH OF CONTRACT
CHERRYWOODESTATESCONTRACT
43. Woodland incorporates by reference paragraphs I through 42 into this count.
44. As set forth above, on or about March 18, 1997, Woodland entered into the
Cherrywood Estates Contract with the City;
45. Section 5 ofthe Cherrywood Estates Contract requires that Woodland "fully
reimburse the City for all costs incurred by the City including, but not limited to, the actual costs
of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs,
costs of acquisition of necessary easements, if any, and any other costs incurred by the City
relating to this Development Contract and the installation and financing of the aforementioned
improvements. "
10.
---
46. The City breached Section 5 of the Cherrywood Estates Contract by assessing
costs against Woodland which were in excess of the actual costs incurred by the City.
47. Section 3(G)(2) of the Cherrywood Estates Contract requires that Woodland
"provide to the City a cash escrow or letter of credit in an amount equal to fifteen (15%) percent
of the total estimated cost of said improvements as established by the City Engineer... Said cash
escrow, including accrued interest thereon, or letter of credit, may be used by the City upon
default by Developer in the payment of special assessments pursuant hereto, whether accelerated
or otherwise... The entire cost of the installation of such improvements, including any reasonable
engineering, legal and administrative costs incurred by the City, shall be assessed against the
benefited properties within the Subdivision in ten (10) equal annual installments with interest on
the unpaid installments at a rate not to exceed the maximum allowed by law."
48. The City breached Section 3(G)(2) of the Cherrywood Estates Contract by
automatically withdrawing amounts from the escrow account without any default on the part of
Woodland in the payment of any special assessment.
49. The City breached Section 3(G)(2) of the Cherrywood Estates Contract by
withdrawing amounts from the escrow account for the assessment of engineering, legal and
administrative costs which were not reasonable.
50. Section 10 of the Cherrywood Estates Contract requires that Woodland
"reimburse the City for all costs incurred by the City in defense of enforcement ofthis contract,
or any portion thereof, including court costs and reasonable engineering and attorneys' fees."
51. The City breached Section 10 of the Cherrywood Estates Contract to the extent it
assessed amounts against Woodland for inquiries made regarding City assessments against
Woodland, inquiries made regarding the City's policies and procedures on assessments and any
11.
other amounts assessed by the City against Woodland pursuant to this section which did not
constitute the defense of the enforcement of the contract.
52. The Cherrywood Estates Contract includes an implied duty of good faith and fair
dealing.
53. The City breached its implied duty of good faith and fair dealing when it assessed
unreasonable fees against Woodland which exceeded the actual costs incurred by the City.
54. As a direct and proximate result of the City's breaches of the Cherrywood Estates
Contract and the City's breach of its implied duty of good faith and fair dealing, Woodland has
suffered damages as well as interest, costs, disbursements, and attorney's fees, the exact amount
to be proven at trial.
COUNT III
BREACH OF CONTRACT
TIMBER RIYER ESTATES CONTRACT
55. Woodland incorporates by reference paragraphs 1 through 54 into this count.
56. As set forth above, on or about May 20, 1997, Woodland entered into the Timber
River Estates Contract with the City.
57. Article 4 of the Timber River Estates Contract requires that Woodland "fully
reimburse the City for all costs incurred by the City including, but not limited, to the actual costs
of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs,
costs of acquisition of necessary easements, if any, and any other costs incurred by the City
relating to this Development Contract and the installation and financing of the aforementioned
improvements. . The Developer agrees to deposit with the City such sums as required by the City
Administration. Said amount shall bear no interest and the City shall have the right to pay all
12.
---
fees and expenses and costs which are the obligations of the Developer under this contract from
the aforementioned escrow deposit. Any monies remaining after the payment of said fees and
costs shall be returned to the Developer."
58. The City breached Article 4 of the Timber River Estates Contract by assessing
costs against Woodland which were in excess of the actual costs incurred by the City.
59. The City breached Article 4 of the Timber River Estates Contract by withdrawing
from the sums deposited with the City amounts which exceeded the fees, expenses and costs
Woodland was obligated to reimburse under the contract.
60. Article 9 of the Timber River Estates Contract requires that Woodland "reimburse
the City for all costs incurred by the City in defense of enforcement of this contract, or any.-
portion thereof, including court costs and reasonable engineering and attorneys' fees."
61. The City breached Article 9 of the Timber River Estates Contract to the extent it
assessed amounts against Woodland for inquiries made regarding City assessments against
Woodland, inquiries made regarding the City's policies and procedures on assessments and any
other amounts assessed by the City against Woodland pursuant to this section which did not
constitute the defense of the enforcement of the contract.
62. The Timber River Estates Contract includes an implied duty of good faith and fair
dealing.
63. The City breached its implied duty of good faith and fair dealing when it assessed
unreasonable fees against Woodland which exceeded the actual costs incurred by the City.
64. As a direct and proximate result of the City's breaches of the Timber River
Estates Contract and the City's breach of its implied duty of good faith and fair dealing,
13.
Woodland has suffered damages as well as interest, costs, disbursements, and attorney's fees, the
exact amount to be proven at trial.
COUNT IV
BREACH OF CONTRACT
WOODLAND MEADOWS CONTRACT
65. Woodland incorporates by reference paragraphs 1 through 64 into this count.
66. As set forth above, on or about August 17, 1999, Woodland entered into the
Woodland Meadows Contract with the City.
67. Article 4 ofthe Woodland Meadows Contract requires that Woodland "fully
reimburse the City for all costs incurred-by the City including, but not limited, to the actual costs
of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs,
costs of acquisition of necessary easements, if any, and any other costs incurred by the City
relating to this Development Contract and the installation and financing o[the aforementioned
improvements. The Developer agrees to deposit with the City such sums as required by the City
Administration. Said amount shall bear no interest and the City shall have the right to pay all
fees and expenses and costs which are the obligations of the Developer under this contract from
the aforementioned escrow deposit. Any monies remaining after the payment of said fees and
costs shall be returned to the Developer."
68. The City breached Article 4 of the Woodland Meadows Contract by assessing
costs against Woodland which were in excess of the actual costs incurred by the City.
69. The City breached Article 4 of the Woodland Meadows Contract by wi thdrawing
from the sums deposited with the City amounts which exceeded the fees, expenses and costs
Woodland was obligated to reimburse under the contract.
14.
-
70. Article 9 of the Woodland Meadows Contract requires that Woodland "reimburse
the City for all costs incurred by the City in defense of enforcement of this contract, or any
portion thereof, including court costs and reasonable engineering and attorneys' fees."
71. The City breached Article 9 ofthe Woodland Meadows Contract to the extent it
assessed amounts against Woodland for inquiries made regarding City assessments against
Woodland, inquiries made regarding the City's policies and procedures on assessments and any
other amounts assessed by the City pursuant to this section which did not constitute the defense
of the enforcement of the contract.
72. The Woodland Meadows Contract includes an implied duty of good faith and fair
dealing.
73. The City breached its implied duty of good faith and fair dealing when it assessed
unreasonable fees against Woodland which exceeded the actual costs incurred by the City.
74. As a direct and proximate result of the City's breaches of the Woodland Meadows
Contract and the City's breach of its implied duty of good faith and fair dealing, Woodland has
suffered damages as well as interest, costs, disbursements, and attorney's fees, the exact amount
to be proven at trial.
COUNT V
BREACH OF CONTRACT
WOODLAND ESTATES II CONTRACT
75. Woodland incorporates by reference paragraphs 1 through 74 into this count.
76. As set forth above, on or about January 4, 2000, Woodland entered into the
Woodland Estates II Contract with the City.
15.
77. Section 5 of the Woodland Estates II Contract requires that Woodland "fully
reimburse the City for all costs incurred by the City including, but not limited to, the actual costs
of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs,
costs of acquisition of necessary easements, if any, and any other costs incurred by the City
relating to this Development Contract and the installation and financing of the aforementioned
improvements."
78. The City breached Section 5 ofthe Woodland Estates II Contract by assessing
costs against Woodland which were in excess ofthe actual costs incurred by the City.
79. Section 3(G)(2) of the Woodland Estates II Contract requires that Woodland
"provide to the City a cash escrow or letter of credit in an amount equal to fifteen (15%) percent
of the total estimated cost of said improvements as established by the City Engineer.. .Said cash
escrow, including accrued interest thereon, or letter of credit, may be used by the City upon
default by Developer in the payment of special assessments pursuant hereto, whether accelerated
or otherwise.. .The entire cost of the installation of such improvements, including any reasonable
engineering, legal and administrative costs incurred by the City, shall be assessed against the
benefited properties within the Subdivision in ten (10) equal annual installments with interest on
the unpaid installments at a rate not to exceed the maximum allowed by law."
80. The City breached Section 3(G)(2) of the Woodland Estates IT Contract by
automatically withdrawing amounts from the escrow account without any default on the part of
Woodland in the payment of any special assessments.
81. The City breached Section 3(G)(2) of the Woodland Estates II Contract by
withdrawing amounts from the escrow account for the assessment of engineering, legal and
administrative costs which were not reasonable.
16.
---
-
82. Section 10 ofthe Woodland Estates IT Contract requires that Woodland
"reimburse the City for all costs incurred by the City in defense of enforcement of this contract,
or any portion thereof, including court costs and reasonable engineering and attorneys' fees."
83. The City breached Section 1 0 of the Woodland Estates IT Contract to the extent it
assessed amounts against Woodland for inquiries made regarding City assessments against
Woodland, inquiries made regarding the City's policies and procedures on assessments and any
other amounts assessed by the City against Woodland pursuant to this section which did not
constitUte the defense of the enforcement of the contract.
84. The Woodland Estates IT Contract includes an implied duty of good faith and fair
dealing. -
85. The City breached its implied duty of good faith and fair dealing when it assessed
unreasonable fees against Woodland which exceeded the actual costs incurred by the City.
86. As a direct and proximate result of the City's breaches of the Woodland Estates IT
Contract and the City's breach of its implied duty of good faith and fair dealing, Woodland has
suffered damages as well as interest, costs, disbursements, and attorney's fees, the exact amount
to be proven at trial.
COUNT VI
ACCOUNTING
87. Woodland incorporates by reference paragraphs I through 86 into this count.
88. The City is required to keep records detailing the amount of time expended by its
staff on development projects, the expenses incurred by the City as a result of developrnent
projects and the amount of money assessed against a developer. The City is required to provide
this information pursuant to Chapter 13 of the Minnesota Statutes.
17.
--
89. Woodland has requested that the City provide information regarding the time its
staff expended on Woodland projects, the actual expenses incurred by the City on Woodland
projects and the amount of money assessed against and collected from Woodland, its escrow
accounts, and sums deposited with the City.
90. The City has failed to provided the information requested by Woodland.
91. Woodland requests immediate and permanent injunctive relief ordering that the
City provide Woodland and its agents with access to the City's books and records for the
purposes of inspection and copying information regarding the time City staff expended on
Woodland projects, the actual expenses incurred by the City on Woodland projects, the amount
of money assessed against and collected from Woodland, its escrow accounts, and sums
deposited with the City and any other information necessary to determine if the City breached the
Development Contracts with Woodland or violated Minnesota State Law as a result of its
assessments against Woodland.
COUNT VII
CONSUMER FRAUD
92. Woodland incorporates by reference paragraphs 1 through 91 into this count.
93. The City made representations to Woodland prior to the execution of the
Development Contracts that the City would only assess against Woodland the costs actually
incurred by the City.
94. These representations constituted misrepresentations or misleading statements,
and were made with the intent that Woodland rely on them in connection with entering into the
Development Contracts with the City, in violation of Minn. Stat. 9 325F.69, subd. 1.
18.
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95. The City made representations to Woodland prior to the execution of the
Development Contracts that Woodland only would be required to reimburse the City for costs
incurred by the City in defense of enforcement of the Development Contracts.
96. These representations constituted misrepresentations or misleading statements,
and were made with the intent that Woodland rely on them in connection with entering into the
Development Contracts with the City, in violation of Minn. Stat. 9 325F.69, subd. 1.
97. The City made representations to Woodland prior to the execution of the
Woodland Estates Contract, Cherrywood Estates Contract and Woodland Estates II Contract that
it would only withdraw from the cash escrow accounts if Woodland defaulted in the payment of a
special assessment. -
98. These representations constituted misrepresentations or misleading statements,
and were made with the intent that Woodland rely on them in connection with entering into the
Woodland Estates Contract, Cherrywood Estates Contract and Woodland Estates II Contract with
the City, in violation of Minn. Stat. S 325F.69, subd. 1.
99. The City made representations to Woodland prior to the execution of the
Woodland Estates Contract, Cherrywood Estates Contract and Woodland Estates IT Contract that
it would only withdraw from the cash escrow accounts the amounts necessary for reasonable
engineering, legal and administrative costs incurred by the City.
100. These representations constituted misrepresentations or misleading statements,
and were made with the intent that Woodland rely on them in connection with entering into the
Woodland Estates Contract, Cherrywood Estates Contract and Woodland Estates II Contract with
the City, in violation of Minn. Stat. S 325F.69, subd. 1.
19.
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101. The City made representations to Woodland prior to the execution of the Timber
River Estates Contract and Woodland Meadows Contract that it would only withdraw from the
sums deposited with the City amounts which were necessary to cover the fees, expenses and
costs which Woodland was obligated to reimburse under the contract.
102. These representations constituted misrepresentations or misleading staternents,
and were made with the intent that Woodland rely on them in connection with entering into the
Timber River Estates Contract and Woodland Meadows Contract with the City, in violation of
Minn. Stat. S 325F.69, subd. 1.
103. As a direct and proximate result of the City's misrepresentations or misleading
statements, Woodland has suffered damages as well as interest, costs, disbursements, and
attorney's fees, the exact amount to be proven at trial.
104. For the City's violations of Minn. Stat. 9 325F.69, subd. I, Woodland is also
entitled to recover its costs of investigation, attorneys' fees and other fees and costs pursuant to
Minn. Stat. S 8.31, subd. 3a.
COUNT VIII
VIOLATION OF STATE LAW
105. Woodland incorporates by reference paragraphs I through 104 into this count.
106. The City assessed costs against Woodland which were in excess of the actual
costs incurred by the City.
107. By assessing costs in excess of actual costs incurred by the City, the City violated
Minn. Stat. S 462.353, subd. 4.
20.
108. As a direct and proximate result ofthe City's violation of Minn. Stat. S 462.353,
subd. 4, Woodland has suffered damages as well as interest, costs, disbursements, and attomey's
fees, the exact amount to be proven at trial.
WHEREFORE, Woodland prays for judgment from the Court as follows:
1. Awarding Woodland a money judgment against the City for its breaches of the
Development Contract in an amount in excess of Fifty Thousand Dollars
($50,000.00), as well as interest, costs, disbursements, and attorney's fees, the
exact amount to be proven at trial.
2. Awarding Woodland immediate and permanent injunctive relief ordering that the
City provide Woodland with access to the City's books and records for the
purposes of inspection and copying information regarding the time City staff
expended on Woodland projects, the actual expenses incurred by the City on
Woodland projects, the amount of money assessed and collected from Woodland,
its escrow accounts, and sums deposited with the City and any other information
necessary to determine if the City breached the Development Contracts with
Woodland or violated Minnesota State Law as a result of its assessments against
Woodland.
3. Awarding Woodland a money judgment against the City for its consumer fraud in
an amount in excess of Fifty Thousand Dollars ($50,000.00), as well as interest,
costs, disbursements, and attorney's fees, the exact amount to be proven at trial.
4. Awarding Woodland its costs of investigation, attomeys' fees and other fees and
costs for the City's violations of Minn. Stat. S 325F.69, subd. 1, pursuant to Minn.
Stat. S 8.31, subd. 3a.
5. Awarding Woodland a money judgment against the City for its violation of Minn.
Stat. S 462.353, subd. 4 in an amount in excess of Fifty Thousand Dollars
($50,000.00), as well as interest, costs, disbursements, and attorney's fees, the
exact amount to be proven at trial.
6. Awarding Woodland a money judgment against City for all costs, disbursements,
and reasonable attomeys fees incurred by Woodland in its attempts to recover
monies owed by City.
7. Granting such other and further relief as the Court deems just and equitable.
21.
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Dated; Gmy~)
Christopher J. Deike (290300)
Tamara O'Neill Moreland (278348)
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Wells Fargo Plaza
7900 Xerxes A venue South
Bloomington, Minnesota 55431-1194
(952) 835-3800
Attorneys for Plaintiff
ACKNOWLEDGMENT
I hereby acknowledge that sanctions may be awarded pursuant to Minn. Stat. S 549.2 II,
subd. 3, if the court determines that this document violates Minn. Stat. S 549.211, subd. 2.
~290300)
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