HomeMy WebLinkAboutCC December 6, 1994
CITY of ANDOVER
Regular City Council Meeting - December 6, 1994
Call to Order - 7:00 p.m.
Resident Forum
Agenda Approval
Consent Agenda
Approval of Minutes
Discussion Items
1. Public Hearing/93-30/Bunker Lake Blvd. Frontage Road
2. variance/Sign Setback Requirement/3155 Bunker Lake Blvd.
3. Dave Harris Sketch plan
Reports of Staff, Committees, Commissions
4. Adopt Water, Sewer, Central Equipment, PIR, Risk Management
Budgets
'\ 5. 1995 Cigarette, Liquor License Renewals
/ 6. 1995 Tree Trimmer License Renewals
7. Approve Expenditure/Tree Location/Park Complex #2
8. Appoint Park & Recreation Commission Member
9. Appoint Planning Commission and Tree Commission Members
10. Appoint Council Representative/Anoka county HRA
11. Development Control
Non-Discussion/Consent Items
12. Authorization to Hire Public Works Personnel
13. Approval of Fire Chief Advertisement
14. Release Escrows/Timber Meadows
15. Request for Extension/Timber Meadows 2nd Addition
16. Approve Survey Quotes/94-16
17. Reduce Letters of Credit/Hills of Bunker Lake 3rd and 4th
18. Approve Change Order #2/Andover Commercial park/94-13
Mayor-Council Input
Payment of Claims
Adjournment
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 6. 1994
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
t-O. Approval of Minutes FOR AGENDA
ITEM Admin.
t-O. ~ b. ~
Approval of Minutes
V. Volk \ .
The City council is requested to approve the following minutes:
November 9, 1994 Special Meeting (Knight absent)
November 15, 1994 Regular Meeting
November 15, 1994 EDA Meeting
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MOTION BY: SECOND BY:
AGENDA
f\O.
ITEM
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 6, 1994
SECTION
ORIGINATING DEPARTMENT
Discussion Item
Todd J. Haas, /~
Engineering 1t
Public Hearing/93-30/Bunker Lake
Boulevard Frontage Road
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The city Council is requested to hold a public hearing schedule
for 7:01 PM, project 93-30, Bunker Lake Boulevard Frontage Road
between Jay street NW and Hanson Boulevard NW and also south to
Commercial Boulevard.
Attached are the following:
* Resolution ordering improvements
* Letter to property owners
* Public hearing notice
* List of property owners
Note: please bring your feasibility report that was in your
November 15, 1994 City Council packet.
Note: The project was not petitioned for by property owners.
Therefore, 4 of 5 votes is necessary to do the project.
John Davidson, TKDA, will be here to present the revised
feasibility report to the effected property owners.
MOTION BY:
SECOND BY:
TO:
APPROVED
FOR AGENDA
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ORDERING THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN,
STREET AND STORM DRAIN, PROJECT NO. 93-30 IN THE
BUNKER LAKE BOULEVARD FRONTAGE ROAD
AREA AND DIRECTING PREPARATION OF FINAL PLANS AND
SPECIFICATIONS.
WHEREAS, Resolution No. 289-94 of the City Council adopted on
the 15th day of November , 19 94 , fixed a date for a public
hearIng; and
WHEREAS, pursuant to the required published and mailed notice,
such hearing was held on the 6th day of December , 19~;
and
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WHEREAS, all persons desiring to be heard were given such
opportunity for same; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover to hereby re-order improvement Project No. 93-30
BE IT FURTHER RESOLVED by the City Council of the City of
Andover to hereby designate TKDA as the Engineer
for this improvement and they are directed to prepare plans and
specifications for such improvements.
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the City Council at a
regular
meeting this
6th
and adopted by
day of
MOTION seconded by Councilmember
December
, 19 94 , with Councilmember
voting in favor of the resolution,
and Councilmember
voting against,
whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
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November 22, 1994
Re: Proposed construction of Bunker Lake Boulevard Frontage Road
between Jay Street NW and Hanson Boulevard NW (CSAH 78) and
south between the proposed Bunker Lake Boulevard Frontage
Road and Commercial Boulevard for the improvement of
sanitary sewer, watermain, streets and storm drains (Project
93-30).
Dear property Owner:
A revised feasibility report has been prepared to determine the
estimated cost to construct sanitary sewer, watermain, streets
and storm drains for the area mentioned above.
Discussion:
"
We are proposing to construct Bunker Lake Boulevard Frontage Road
between Jay street NW to just west of Hanson Boulevard NW and
then south to Commercial Boulevard. The construction will also
include sanitary sewer, watermain and storm drains.
Estimated Cost:
The proposed construction is proposed to utilize the Tax
Increment Financing (TIF) funds and assess benefitting
properties.
At this point the total estimated revised project cost is
approximately $644,995.00.
The estimated revised assessable costs are approximately
for your parcel for sanitary sewer, watermain, streets and storm
drains. This cost can be assessed over a 10 year period at about
7% interest or the assessment may be paid in full within 30 days
of the assessment hearing with no interest.
If you have any questions, feel free to contact me at 755-5100 or
John Davidson (TKDA) at 292-4568.
Sincerely,
7~/~
Todd J. Haas
Assistant City Engineer
TJH:rja
Encl.
cc: John Davidson, TKDA
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TKDA
ENGINEERS' ARCHITECTS. PLANNERS
TOLTZ. KINO. DUVALl. AND~"SON
AND AS80CIATE9,INCORPORAUD
1600 f'II"ER J_V Pl.AZA
...... c;oAR ll'TRIiET
llNNT PAUL, M1N~AS$IO'~-40
Pl1ONe:"~ FAX:f121Z9t_
~. November 8, 1994
Bunker Lake Frontage Road
City Project 93-30
Commission No. 10581
Dear Resident:
The above described project was affected by a two (2) phaSe construction program and
completion of the Commexdal Boulevard Project 92-27. Updated cOStll are now based upon
actual constnIcUon costs IJIld remaining estimated costs. A Supplementaty Feasibility Report has
been prepared to show allocation of these costs.
Since all properties are somewhat affected, the City will hold an additional Public Hearing for
the project. The adjusted new estimated cost is shown on the attached preliminary assessment
roll.
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The prior Council actin to defer connection charges will not change_ However, connection
charge rates will be adjusted in January of each succeeding year in accordance with the ENR
Cost IncIex (Construction Costs).
Should you have questions, please call Todd Haas at 77!J-!J 100 or me at 292-4~68.
JLDfmha
Enclosure
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1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304 . (612) 755-5100
CITY of ANDOVER
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF HEARING ON IMPROVEMENTS
PROJECT NO. 93-30
BUNKER LAKE BOULEVARD FRONTAGE ROAD
ANDOVER, MINNESOTA
NOTICE is hereby given that the City of Andover, Anoka County,
Minnesota will meet at the Andover City Hall, 1685 Crosstown
Boulevard N.W. in the City of Andover, on Tuesday, December 6,
1994 at 7:00 P.M. or shortly thereafter to consider the making of
the following improvements:
Sanitary Sewer, Watermain, Street and Storm Drain Construction
The property to be assessed, pursuant to Minnesota Statutes
Section 429, for the improvement is within the following
described area: .
Along proposed Bunker Lake Boulevard Frontage Road from
Jay Street NW to Hanson Boulevard NW (CSAH 78) which is
located in Section 34, Township 32, Range 24, City of
Andover, Anoka County, Minnesota.
and
South between the proposed Bunker Lake Boulevard Frontage
Road and Commercial Boulevard which is located in Section
34, Township 32, Range 24, City of Andover, Anoka County,
Minnesota.
The estimated cost of such improvement is $644,995.00.
Such persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
CITY OF ANDOVER
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Victor~a volk
City Clerk
Publication Dates:
November 25, 1994 and December 2, 1994
34 32 24 41 0001/
Edward j & JA Prater
1"786 Bunker Lk Blvd NW
Andover, MN 55304
, ) 32 24 41 0005....-
'.. .:.eve Paul Bendtsen
Robert 0 Bendtsen
1716 Bunker Lk Blvd NW
Andover, MN 55304
34 32 24 41 001lv-/
ABC Mini storage, Inc.
13624 Hanson Blvd NW
Andover, MN 55304
34 32 24 41 0006./
Roger 0 & Darlene Streich
13024 Crooked Lk Blvd NW
Coon Rapids, MN 55433
labels93-30 (Rhonda)
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34 32 24 41 0002
John P & Shiela M Imre
851 Lakeshore Dr.
Big Lake, MN 55309
34 32 24 41 0004/
Kenneth Rittmueller
Murphy Oil USA, Inc.
7200 France Ave S
Suite 334
Edina, MN 55435
34 32 24 41 oooav' ~ ~
Kottkes Bus Service ~
13625 Jay st NW
Andover, MN 55304
34 32 24 41 0002v
Edward J & JA Prater
1786 Bunker Lk Blvd NW
Andover, MN 55304
34 32 24 41 0003~
Steve Paul Bendtsen
Robert 0 Bendtsen
1716 Bunker Lk Blvd NW
Andover, MN 55304
34 32 24 41 0010--
Kottkes Bus Service
13625 Jay st NW
Andover, MN 55304
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34 32 24 41 0007~
Kottkes Bus Service
13625 Jay st NW
Andover, MN 55304
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BUNKER LAKE BOULEVARD
SOUTH FRONTAGE ROAD
PARCEL OWtiER
PREVo
TOTAL
STREET &
LA T..ERAL
NEW
TOTAL
STREET &
LATERAL
SEWER &
WATER
COt,:iN.
1 PRATER $20,429 . $21 ,258 $9,462
2 PRATER 15,947 16,921 5,167
3 BENDTSEN 19,849 20,697 8,061
4W BENDTSEN 15,290 16,286 4,557
4E MURPHY Oil 30,602 34,708 10,296
10 KOTTKE 30,602 34,708 8,863
11 ABC MUNI 30,602 34,708 14,932
8W KOTTKE 30,602 34,708 8,863
8E KOTTKE 30,602 34,708 8,863
6 STREICH 0 13,729* 0
7 KOTTKE 0 13.729* 0
TOTALS $224,525 $276,160 $79,062
STREET ONLY - UTILITIES PREVIOUSLY ASSESSED
WITH PROJECT 92-27
-8A-
10581
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
December 6, 1994
AGENDA
f'.O.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion
ITEM
f'.O.
Planning
=t
BYp;;t-
Variance
Bus. I.D. Sign Setback
3155 Bunker Lake Blvd. NW
Bruce L. Dynnes
David L. Carlberg
Planning Director
01.
REQUEST
The City Council is requested to review the variance application
of Bruce L. Dynnes to Ordinance No.8, Section 8.07, which
~equires signs to be set back ten (10') feet from any street
right-of-way line on the property located at 3155 Bunker Lake
Boulevard NW.
For further background information, please review the attached
staff report and minutes from the November 8, 1994 Planning and
Zoning Commission meeting_
PLANNING & ZONING COMMISSION REVIEW
The Planning and Zoning Commission on November 8, 1994, made the
motion to recommend to the City Council approval of the variance
request. Attached is a resolution for Council review and approval
that reflects the motion made by the Commission.
MOTION'BY:
SECOND BY:
TO:
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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RES. NO. R -94
A RESOLUTION APPROVING THE VARIANCE REQUEST OF BRUCE L. DYNNES TO
ORDINANCE NO.8, SECTION 8.07, WHICH REQUIRES SIGNS TO BE SET BACK
TEN (10') FEET FROM A STREET RIGHT-OF-WAY LINE TO ALLOW FOR THE
PLACEMENT OF TWO (2) BUSINESS IDENTIFICATION SIGNS ON THE PROPERTY
LOCATED AT 3155 BUNKER LAKE BOULEVARD NW, LEGALLY DESCRIBED BELOW.
WHEREAS, Bruce L. Dynnes has requested a variance to
Ordinance No.8, Section 8.07, which requires signs to be set back
ten (10') feet from any street right-of-way line to allow for the
placement of two (2) business identification signs on the property
located at 3155 Bunker Lake Boulevard NW, Legally described as
follows:
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Unplatted Grow Township. The South 360 feet of the West 240 feet
of the Southwest Quarter of the Northwest Quarter of Section 33,
Township 32, Range 24, Anoka County, Minnesota. Subject to an
easement for highway purposes over the southerly 33 feet thereof.
Subject to easements of record if any; and
WHEREAS, the Planning and Zoning Commission has reviewed
the request and has determined that said request meets the
criteria of Ordinance No.8, Section 5.04; and
WHEREAS, the Planning and zoning Commission finds the
existing topography and existing vegetation limits the development
or placement of signage ten (10') feet back from the property
line; and
WHEREAS, the Planning & zoning Commission recommends to
the City Council approval of the variance request with the
condition or understanding that at the time Bunker Lake Boulevard
NW is widened the signs shall be relocated to comply with the
setback requirements.
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 hereby approves the variance
requested by Bruce L. Dynnes for a variance to Ordinance No.8,
Section 8.07, which requires signs to be set back ten (10') feet
from any street right-of-way line to allow for the placement of
two (2) business identification signs on the property located at
3155 Bunker Lake Boulevard NW, Legally described above.
Adopted by the City Council of the City of Andover this
6th day of December, 1994.
CITY OF ANDOVER
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ATTEST:
J. E. McKelvey, Mayor
Victoria Volk, City Clerk
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CITY of ANDOVER
168S CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA SS304 . (612) 7SS-S100
PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 8, 1994
MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning
Commission was called to order by Chairperson Jay Squires on November 8,
1994, 8:01 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Commissioners present:
Maynard Apel, Bonnie Dehn, Bev Jovanovich,
Randy Peek, Jerry Putnam
Becky Pease
City Planning ,Director, Dav.id.Carlberg
Commissioner. absent:
Also present: .
APPROVAL OF MINUTES
October 25, 1994: Correct as written.
MOTION by Peek, Seconded by Jovanovich, approval as presented. Motion
carried on a 6-Yes, 1-Absent (Pease) vote.
~ VARIANCE: SIGN SETBACK REQUIREMENT, 3155 BUNKER LAKE BOULEVARD NW,
~ BRUCE L. DYNNES
Mr. Carlberg reviewed the request of Bruce L. Dynnes to allow the
placement of two 2x4-foot advertising signs on existing brick monument
driveway markers encroaching into the 10-foot required setback at 3155
Bunker Lake Boulevard NW. The property was granted a Special Use Permit
for a Planned Unit Development to allow residential and commercial
(photo studio) uses on the property. If the variance is not allowed, a
number of very large mature trees would need to be removed for the signs
to be visible. Staff has determined the existing markers are located
within one foot of the current property line and were in place at the
time Mr. Dynnes purchased the property. Anoka County has a 66-foot
right of way for Bunker Lake Boulevard, that is 33 feet from center on
this parcel. The county has told Staff they would not support a
variance for anything in their right of way. Since it has been
determined the markers are on private property, the county did not have
a problem, though they noted the right of way for Bunker Lake Boulevard
will probably be widened to 120 feet when it is improved in the future.
The time frame for that improvement is not known. At that time, both
the county and the City would require the property owner to move the
markers. Mr. Dynnes is aware of the proposed future improvement of
Bunker Lake Boulevard.
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Commissioner Peek asked if there would be a limit to the size of the
signs. Mr. Carlberg stated that because of the Special Use Permit on
the property is for a PUD, the size of the sign would be larger than in
residential areas but not as large as in a Neighborhood Business zone;
though the zoning Ordinance does not address the size of signs in a PUD.
Staff does not object to the size or the number of signs, but the
Regular Andover Planning and Zoning Commission
Minutes - November 8, 1994
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(Variance - Sign Setback, 3155 Bunker LakejB Dynnes, Continued)
location is a concern. There is also some concern with granting a
variance for the location of the sign and setting a precedent in doing
so.
In discussing the request, the Commission noted there is no other place
for the signs at this particular location; that requiring the 10-foot
setback would mean the loss of many large trees, which is contrary to
the City's Tree Protection Policy; that the placement of the markers was
done by the previous owner; that the variance would not be setting a
precedent because this specifically applies to the situation of a PUD;
and that the size of the proposed signage is appropriate because of the
need for visibility from Bunker Lake Boulevard, as. smaller signage may
create a traffic hazard of customers trying to locate the studio while
traveling the very busy street. Recognizing the situation will change
when the county widens Bunker Lake Boulevard, the Commission felt at
that point the markers and signs should be moved to comply with the
setback requirements. Mr. Carlberg stated he will check with the City
Attorney as to whether or not that condition can be placed on the
variance.
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MOTION by Peek, Seconded by Dehn, that the Andover Planning and Zoning
Commission recommends approval of the variance request of Bruce L.
Dynnes for the placement of two advertisement signs on brick monument
driveway markers; said signs will encroach into the required 10-foot
setback from the street right-of-way line. Said property is located at
3155 Bunker Lake Boulevard NW, legal description as contained in the
packet. One condition of the variance is if there are any adjustments
to the existing right of way line of Bunker Lake Boulevard, that this
signage or any other signage will need to be adjusted to comply with the
ordinance. A point of fact, the Planning Commission finds that the
variance request meets the hardship condition that is established in
Ordinance 8, Section 5.04; namely, that the existing topography and
existing vegetation limits the development of signage 10 feet back from
the property line. Motion carried on a 6-Yes, l-Absent (Pease) vote.
This will be placed on the December 6, 1994, City Council agenda.
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DISCUSSION - THERAPEUTIC MASSAGE ORDINANCE
Mr. Carlberg asked that this item be tabled because those individuals
who have been working with the Commission and the Staff were unable to
be present this evening.
MOTION by Dehn, Seconded by Jovanovich, to table the discussion for
Therapeutic Massage ordinance to the November 22 meeting. Motion carried
on a 6-Yes, 1-Absent (Pease) vote.
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CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
November 8, 1994
DATE
AGENDA ITEM
3. Variance - Ad. Sign
Setback - 3155 Bunker
Lake Blvd. NW - Dynnes
ORIGINATING DEPARTMENT
Planning
David L. Carlberg
Planning Director
BY:
APPROVED
AGENDA
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BY:
FOR
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The Andover Planning and zoning Commission is asked to review the
variance request of Bruce L. Dynnes to allow for the placement of
two (2) advertising signs on existing brick monument driveway
markers encroaching into the required setback on the property
located at 3155 Bunker Lake Boulevard NW, legally described on the
attached resolution. The variance is being requested to Ordinance
No.8, Section 8.07, which requires a ten (10') foot setback from
any street right-of-way line.
The property recently was granted a Special Use Permit for a
planned Unit Development (PUD) to allow residential and commercial
(photo studio) uses on the property.
The property is legally described as follows:
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) UNPLATTED GROW TOWNSHIP. THE SOUTH 360 FEET OF THE WEST 240 FEET
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33,
TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. SUBJECT TO AN
EASEMENT FOR HIGHWAY PURPOSES OVER THE SOUTHERLY 33 FEET THEREOF.
SUBJECT TO EASEMENTS OF RECORD IF ANY.
APPLICABLE ORDINANCES
Ordinance No.8, Section 8.07, establishes the m1n1mum
sign requirements. Section 8.07 requires signs to be placed
at least ten (10) feet from the street right-of-way line.
Ordinance No.8, Section 5.04, establishes the variance procedure
and process. Variances may be granted where there are practical
difficulties or unnecessary hardships in any way of carrying out
the strict letter of the provisions of the zoning Ordinance. The
hardships or difficulties must have to do with the characteristics
of the land and not the property owner.
BACKGROUND & REVIEW
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The applicant is requesting the variance to allow the
placement of signage on the brick monument driveway markers.
Mr. Dynnes has indicated that for signage to be visible on his
prop~rty trees would need to be removed.
Staff has contacted the Anoka County Highway Department to
determine the location of the brick monument driveway markers in
relation to the right-of-way line of Bunker Lake Boulevard NW.
The driveway markers may be located within the right-of-way.
Staff will present this information at the meeting.
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Page Two
Variance - Setback from right-of-way line
3155 Bunker Lake Boulevard NW
Bruce L. Dynnes
November 8, 1994
COMMISSION OPTIONS
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A. The Andover Planning and Zoning Commission may recommend
approval of the variance requested by Bruce L. Dynnes for the
placement of two advertisement signs on brick monument
driveway markers encroaching into the required setback from
the street right-of-way line on the property located at 3155
Bunker Lake Boulevard NW, legally described above.
The Planning Commission finds that the proposal meets the
conditions established in Ordinance No.8, Section 5.04.
B. The Andover Planning and Zoning Commission may recommend
denial of the variance requested by Bruce L. Dynnes for the
placement of two advertisement signs on brick monument
driveway markers encroaching into the required setback from
the street right-of-way line on the property located at 3155
Bunker Lake Boulevard NW, legally described above.
The Commission finds that the proposal does not meet the
requirements set forth in Ordinance No.8, Section 5.04. The
Commission finds that no hardship exists due to the unique
shape or topography of the parcel and that the land owner
would not be precluded reasonable use of the property.
C. The Andover Planning and Zoning Commission may table the item.
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CITY of ANDOVER
, \
VARIANCE REQUEST FORM
"
Property Address .3/S"~ 6UI0'~E.c2- L~l<::L &1.10
Legal Description of Property:
(Fill in whichever is appropriate):
Lot
Block
Addi Hon
Plat Parcel PIN 3~"3,9-2L/2Sooo3
(If metes and bounds, attach the complete legal)
-----------------------------------------------------------------
"
Description of Request It- UI+((.lc.uC.Z::: 00 THE S'le,.; SEi ISHC.Ic-S
To 4Ll-C)uJ SI~N /7:) b~ ~Uk;;;:O oAJ EX/STiNe. ...s;-rOIJE
.(;./J.-rc<-UA{S, c:;;,p.TE:wAj5:: f}Q.~ 10 +=11.0""1 EDc:;;e. of A-sPI-lIk-, SHOUUlF"R...
/
Specific Hardship ~E<::C>...Js~ <:IF- E:.XISlING ""'f""nE;;:S (A-DOIJr ,,, ~-r
Pliam EOGi<: OF- ASPj..j.4<-T :::;HOUUJE/l) SIGNS SE,- AIV{v FJ,(~
RA-c.IL L.rJ auLD 6li. -rO"TI!+-'-i 6I-Oc~~o Ato"", U, r::w
Current Zoning
'PJO
Section of Ordinance
-----------------------------------------------------------------
Name of Applicant '3Ruc.l<:... L. 4.u;;:<;"
Address 31 s-s- ~UrJIL.e.4t LiJl.\~.:.:_ ~LJ D.
Signature
Business Phone 7s~-7~~ 6
Date /o~s-h~
.
Home Phon
"
---------------------------------------
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone
Business Phone
Signature
Date
.-----------------------------------------------------------------
, /
VARIANCE
PAGE 2
, ,
/ The following information shall be submitted prior to review by
the City of Andover:
1. A scaled drawing of the property and structures affected
showing: scale and north arrow; dimensions of the
property and structures; front, side and rear yard
building setbacks; adjacent streets; and location and use
of existing structures within 100 feet.
2. Application Fee:
Single Family
Other Requests -
$ 75.00
$100.00
Date Paid
i\!:3 /0 .~ 1) (II 78
_ L~~ Receipt # '
.
Rev. 1-07-92:d'A
5-23-94:bh
Res. 179-91 (11-05-91)
CRITERIA FOR GRANTING A VARIANCE
In granting a variance, the City Council shall consider the
advice and recommendation of the Planning and Zoning Commission,
and:
,
)
1. If the request is in keeping with the spirit and intent of
this Ordinance.
2. If it finds that strict enforcement of this Ordinance will
cause undue hardship because of circumstances unique to
the individual property under consideration.
3. If it finds that denying the request does not deny
reasonable use of the property.
4. Economic considerations shall not constitute an undue
hardship if reasonable use of the property exists under
the terms of the Ordinance.
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" " P H o T o G R A P H I C
D E S I G N
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City of Andover
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We would like to' place a sign on each of the two brick entry structures already in
place. The ends of these units are 10 feet from the edge of the shoulder of Bunker
Lake Blvd. Because of the trees on the boulevard ( some at ten feet) and the
setback of ten feet, we would like a variance on size. The signs are such that they
are large enough to see without being overbearing to the surrounding area.
A am attaching a photo with the proposed sign overlaid.
Thank you for your consideration in this matter.
Bruce L. Dynes M.Photog.
Master of Photography
I
2072 NORTIIDALE BLVD. · COON RAPIDS. MN. 55433
(612}755-7666 · (800) 879-1795
'\
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P HOT 0 G RAP HIe
DE'S I G N
Sign Size - 2ft. x 4ft.
Quantity - 2
Composition - Sandblasted Cedar
Colors - Background - Light Grey
Border - Burgandy
Letters - Burgandy
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
December 6, 1994
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT APPROVED
Andove r Rev i ew Commi t te WOR AGENDA
'1
ffY~
Discussion Item
ITEM
t-O.
Dave Harris Sketch Plan
...3.
The City Council is requested to review the proposed sketch plan
located in Section 24-32-24 as requested by Dave Harris.
The Andover Review Committee (ARC) has reviewed the sketch plan
and their comments are as follows:
General Comments
* The proposed sketch plan is located in an R-1 Single Family
Rural zoning District with a minimum lot size requirement of
\ 2.5 acres. Sixteen (16) lots are being proposed.
* All lots will be required to meet Ordinance 10, Section 9.06
a(3) which relates to lot size requirements and buildable area.
* The ARC discussed the options for planned streets to adjacent
parcels and agrees with the street configuration that is shown.
The developer appears to have done a good job of avoiding the
significant wetland areas.
* A variance from Ordinance 10, Section 9.02 C is being requested
for Lot 16 as University Avenue is considered a collector
street. The street will need to be constructed in accordance
to City standards.
* The developer and/or owner is responsible to obtain all
necessary permits (DNR, U.S. Army Corps of Engineers, Coon
Creek Watershed District, MPCA, LGU and any other agency which
may be interested in the site).
* The developer is required to meet City Ordinance 8 and 10 and
all applicable ordinances.
CONTINUED
MOTION BY:
SECOND BY:
TO:
\
,
Note: This has not been studied by Staff in detail as most of
the detail will be reviewed with the preliminary plat
process.
Park and Recreation Commission Comments
The Commission has reviewed the sketch plan and is recommending
cash in lieu of land as determined in Ordinance 10, Section 9.07.
Planning and Zoning Commission Comments
The Commission has reviewed the sketch plan and the consensus was
the layout of the property was appropriate.
,
J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
December 6, 1994
DATE
staff, Committees, Commissions
Finance
APPROVED
FOR AGENDA
AGENDA
tn
SECTION
ORIGINATING DEPARTMENT
ITEM
1'0.
Adopt 1995 Water, Sewer,
P.I.R., Central Equipment and
Risk Management Fund Budgets
Daryl E. Sula lder
Finance Di'e'~
BY:
Jf.
REQUEST
The City Council is requested to adopt the attachec resolution
setting the 1995 budgets for the Water, Sewer, P.I. :., Central
Equipment and Risk Management Funds.
BACKGROUND
The City Council met on August 3rd and 16th to revi ~w the propose",
budgets for the Water, Sewer, P.I.R., Central Equi); lent and Risk
Management Funds. The Water Fund and Sewer Fund bue rets are based
on rate increases to the user fees for water and SE 'er services.
The proposed rates are as follows:
Current Rate
Water $0.97/1000 gal.
Minimum fee $6.30/qtr.
Sewer Dist A $27.00/qtr.
Sewer Dist B $39.00/qtr.
Proposed Rate
$1. 01/1000 gal.
$6.30/qtr.
$30.00/qtr.
$42.00/qtr.
All proposed fees for 1995 will be presented for Cc mcil approval
at the December 20th meeting.
The proposed increases in the water and sewer budgE .s fund two of
the three additional maintenance personnel for the 'ublic Works
staff.
MOTION BY:
SECOND BY:
TO:
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -94
A RESOLUTION ESTABLISHING THE 1995 WATER FUND, SEWER FUND, PERMANENT
IMPROVEMENT REVOLVING FUND, CENTRAL EQUIPMENT FUND AND RISK MANAGEMENT
FUND BUDGETS.
WHEREAS, the City of Andover Water and Sewer Funds are primarily
supported by user fees; and
WHEREAS, the Central Equpiment and Risk Management Funds are
primarily supported by internal user fees charged to the operating
departments of the City; and
,
I
J
WHEREAS, the City of Andover has the responsibility to
appropriately and efficiently manage the use of these fees; and
Whereas, the Permanent Improvement Revolving Fund was established
to provide for the acquisition of equipment or financing of improvement
projects deemed appropriate by the City Council; and
WHEREAS, the preparation and adoption of operating budgets is
recognized as sound financial management for planning and monitoring
financial condition; and
WHEREAS, the Finance Director will return at the end of the year
with the capital transfer amount to the Water Trunk Fund.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Andover hereby establishes the 1995 budgets for the Water Fund, Sewer
Fund, Permanent Improvement Revolving Fund, Central Equipment Fund and
Risk Management Fund as shown on Attachment A.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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ATTACHMENT A
CITY OF ANDOVER
1995 WATER, SEWER, PERMANENT IMPROVEMENT REVOLVING,
CENTRAL EQUIPMENT AND RISK MANAGEMENT FUNDS SUMMARY BUDGETS
Revenues:
Water Sales
Permits
Meters
Other
Total Revenue
Revenues:
/
Sewer Charges
Other
Transfer from
Sewer Trunk Fund
Total Revenue
$376,260
18,000
46,200
24,050
$464,510
--------
--------
$638,690
36,450
30,500
$705,640
========
WATER FUND
Expenses:
Source, Storage and Treatment
Distribution
Administration
SEWER FUND
Expenses:
Collection
Administration
Transfer to Debt
Service Fund
PERMANENT IMPROVEMENT REVOLVING FUND
Revenues:
Special Assessments $155,000
Interest 25,000
Total Revenue
)
$180,000
========
Expenses:
Improvements
Office Equipment
Capital Equipment
Reserve
$125,840
236,995
101,675
$464,510
--------
--------
$617,255
50,755
37,630
$705,640
========
$ 0
o
o
180,000
$180,000
========
)
ATTACHMENT A
CITY OF ANDOVER
1995 WATER, SEWER, PERMANENT IMPROVEMENT REVOLVING,
CENTRAL EQUIPMENT AND RISK MANAGEMENT FUNDS SUMMARY BUDGETS
Revenues:
Equipment Rentals
Interest
Total Revenue
Revenues:
Flex Benefit Plan
Departmental Fees
" LMCIT Rebate
/ Other
Total Revenue
,
)
CENTRAL EQUIPMENT FUND
$187,800
2,200
$190,000
========
Expenses:
Equipment Maintenance
Insurance
Capi tal Outlay
$153,915
18,500
17,585
$190,000
========
RISK MANAGEMENT FUND
$ 5,500
19,500
12,880
2,900
$ 40,780
--------
--------
Expenses:
Admini s t ra ti on
Reserve
$ 17,450
23,330
$ 40,780
--------
--------
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 6. 1994
AGENDA
r-n
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Reports of Staff, Committees,
"";:"mm; ",cd nn-
Admin.
ITEM
1\0.
1995 Cigarette & Liquor
License Renewals
\ ~.
V. Volk \).
~
5:
The City Council is requested to approve the following license
renewals for 1995:
Cigarette Licenses
Andover SuperAmerica
Brooks' Food Market #54
Festival Foods
Johnny B' Quick
Merwin Drug
Tom Thumb Store #255
Total Mart
SuperAmerica
Off-Sale Non-Intoxicating Liquor Licenses
Andover SuperAmerica
Brooks' Food Market #54
Tom Thumb Store #255
superAmerica
On-Sale Non-Intoxicating Liquor License
woodland Creek Golf Course
'.
/
MOTION BY:
SECOND BY:
--~~
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 6. 1 qq4
AGENDA
t-.O
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Reports of Staff, Committees,
r"mm;.,.,;"n.,
Admin.
ITEM
t-.O
1995 Tree Trimmer License
Renewals
l ~,
V. Volk l
BY~
~.
The City Council is requested to approve the following 1995 tree
trimmer license renewals:
Dehn Tree Company
Crown Tree Service
Lake States Tree Service
There renewals will run from January 1, 1995 to December 31,
1995.
/
MOTION BY:
SECOND BY:
CITY OF ANDOVER
-'
REQUEST FOR COUNCIL ACTION
DATE December 6, 1994
AGENDA
/IX).
SECTION
Reports of staff, Committees,
Commissions
ORIGINATING DEPARTMENT
scot~ Eri<;=kson,A[
Englneenng (j/
APPROVED
FOR AGENDA
ITEM
t-O.
Approve Expenditure/Tree
Location/Park Complex ~2
BY:
7.
The City Council is requested to approve the expenditure of
$2,185.00 for the relocation of trees from the proposed middle
school site north of City Hall to City Hall Park Complex ~2 as
requested by the Park and Recreation Commission
Background
A portion of the construction of the Field of Dreams entails
installing extensive landscaping throughout the site which
includes spruce trees ~nd various types of landscape items. A
typical landscape tree can cost in the range of $200-$300 to have
installed, which amounts to a significant amount of money to
landscape the Field of Dreams area.
It was brought to our attention that a number of large spruce
trees were going to be cleared from the new middle school site on
Hanson Boulevard just north of the Field of Dreams location. The
middle school agreed to allowing the City to remove the trees
from their site and relocate them to the Field of Dreams at no
charge to the City. The only cost would be the relocation cost
of the trees.
The Anoka County Highway Department was approached regarding
borrowing their tree spade to perform the work. The Counties
tree spade was not adequate in size to relocate the trees.
Quotations were then received from two tree service firms for the
use of a tree spade large enough to relocate the trees from this
site to the Field of Dreams site. The quoted cost from Outside
Services, Inc. to relocate the trees was $95 per tree. Based on
the time of year and the clearing that was occurring at the
middle school, it was imperative to move the trees immediately if
this were to occur.
CONTINUED
MOTION BY:
SECOND BY:
TO:
~
J
At the November 17, 1994 Park and Recreation Commission meeting,
the Park Commission recommended expending funds for the
relocation of the trees from the middle school to the Field of
Dreams. Their recommendation was to not exceed $3,000 for the
relocation of these trees. The funds were recommended to be
allocated from the park dedication fund.
By relocating the trees from the school site a cost savings of
approximately $3,000 or a 50% savings would be realized. The
invoice cost for performing this work by Outside Services, Inc.
was $2,185.00 for the relocation of 19 trees.
,
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 6, 1994
AGENDA
t-O.
SECTION
Reports of Staff, Committees,
Commissinn<:
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
t-O.
Todd J. Haas,
Engineering
/'
JL
BY~
Appoint Park & Recreation
Commission Member
f.
The City Council is requested to appoint a member to serve on the
Park and Recreation Commission.
Attached are the applications that were received.
r'
MOTION BY:
SECOND BY:
TO:
~ROM OHAH MKTB COMM
"2"1" I~'r
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CITV of AN
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ADVISORY COMMISSION APf~ICATI0N
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Home Phone:
;;4/ a ;a-b~w51(:
/39'"10 l.JfICL,Jcf~r
7:5'7-W3D Work Phone I
$1:
5"'7y-gIIO
Name~
Address:
Commission Preference:
><
Planning & Zoning
park , Recreation
Economic Oevelopment
Public Safety Committee
Zq~eetrian Council____
Charter Commission
Cable Comm,
Tree Commission
'\
.I
Plea50 state your reasons for requesting .to be on th~ advilory
cgmmissicn checked above: 1 L!
--.J<AJtrW/,cit;~ ~ c.tJr'Y"t!,J T P4 R.. /.Jro'?e~ _ Are
, " . \
/I~,;.; 'F;;:fl;;;;:t;.v.w't~ pOrl"k U5~~ ~ tcer,01
DGseribe you ed~cQtion/experience WhiChlalif1GS y u to setve t
on this commission: I \
S- 'tP~$ .ex~~er~ICe. tr--:. S. 'i-b__11 l),or-u...+t::lr
-t:- ~.-:- A-fh le-/rt. ~s oc.. I
4
which
Oe5cribe rour professional, civic or
may b re evant to this commisolon:
Dated:
,
...
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CITY of ANDOVER
ADVISORY COMMISSION APPLICATION
Nam.,\~S~~~
Address:J~ ~ \ Ne~) ~~Jl~\J~\G \f\\\
Home Phone :L\~- \CJb':) Work Phone: C''l?{'--,1-\O-\ C) .-J
Commission Preference:
Planning & Zoning
Park & Recreation
x
-
Economic Development
Charter Commission
Public Safety Committee
Equestrian Council____
Cable Comm.
Tree Commission
Please state your reasons for requesting to be on the advisory
\
,
J commission checked above:
~ I~R\)~ ~\f\~ ~~m~'S)
4~~ ~Cf:: ~ OR,,,- OOm\'\l'J0~ )O~~C9\\\)\\cm:\
Describe your education/experience which qualifies you to serve
on this commission:
Describe your professiona[ C1V1C or community activities which
may be relevant to this commission:
~9\'\~.
Dated:)O-ct'-~.~
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CITY of ANDOVER
ADVISORY COMMISSION APPLICATION
Name: ~/M /Wyd ,h tl/11IM
,
Address: 37[' /"n fJv~, ),ft{}. A-wdover ffN- SS30V
Home Phone: L/3L/-gysCf Work Phone: 7,2/-;J?J'7
Commission Preference:
Planning & Zoning
Park & Recreation ~
Charter Commission
Economic Development
Public Safety Committee
Equestrian Council____
Cable Comm.
Tree Commission
\ Please state your reasons for requesting to be on the advisory
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commission checked above:
..T'A..Jt:lt-d- -hJ h~ ,'hVQ/veJ 111 Au/OvekI FU~.
Describe your education/experience which qualifies you to serve
on this commission:
:71'1 11ft ;1.{ yrs. d' c,,/k< ..r +odc l!oUI"'S~S /", bt.lisl1e'..5S ;-dcrk4 "5l..d'j'ed.y
il-tC/c.uJi"l'i ko.der.sh;p{~'1'ev\II\Slol1: psyC'oJory ct.- 50(';0105'1'
Describe your professional, civic or community activities which
may be relevant to this commission:
I ha. Ire ahoo..ys h.a..d a :J teed- i ",~d- i k +,,~ O-.c.tJao'r:S -r ~ori:s.
ahS er (\..(s So-Pfh -!-enh1". a+ #I Ol.(J'1 €7<
VI/It or !.tJsc. /tw4.s a f,,!>diV~ ~Xfe~ ~~ .
Da ted: 11- J-o - 9'/
S~gnature
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 6. 1994
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
t-n FOR AGENDA
Staff. Commi I"'nmm;<:.<:.;nn Planning ~
ITEM BY~
I'D.
Appoint P & z and Tree David L. Carlberg
Commissioners and Chairs Planning Director
9.
The City Council is requested to appoint commissioners and chairs
for the Planning and zoning Commission and the Tree Commission.
PLANNING AND ZONING COMMISSION
The following commission members have asked to be reappointed:
Jay Squires (letter attached)
Maynard Apel
In addition, the Council will need to appoint a new commissioner
to complete Bonnie Dehn's term which expires on 12/31/96, as she
has been elected to serve on the city Council.
Staff has also been in contact with Becky Pease who has indicated
she will be resigning from the Commission due to health reasons.
The Council will need to appoint a new commissioner to fulfill her
term which expires on 12/31/95.
The Council may wish to reappoint commissioners, appoint the
following applicants to fill positions or choose to interview for
the positions. Applications for the P & Z Commission have been
received from the following:
Brian Barringer
Gary Magill
Brian Lubbers
TREE COMMISSION
The appointments to the Tree Commission will be brought to the
Council at a future meeting as some Commissioners could not be
reached at this time.
MOTION'BY:
SECOND BY:
TO:
Attorneys at Law
RATWIK, ROSZAK, BERGSTROM & MALONEY, P.A.
)
Paul C. Ratwik
John M. Roszak
Peter D. Bergstrom
Patricia A. Maloney'
Terrence J. Fay'
Stephen G. Andersen"
Scott T. Anderson
Kevin J. Rupp
Jay T. Squires
Claire C. Olson
Ann R. Goering
Nancy E. Blumstein
Kathryn M. Eilers
Sara 1. Ruff
Thomas P. Carlson
300 Peavey Building
730 Second Avenue South
Minneapolis, Minnesota 55402
(612) 339-0060
Fax (612) 339-0038
November 29, 1994
Dave Carlberg
city Planner
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Dear Mr. Carlberg:
Of Counsel
David S. Banel
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'" Also admitted in Wisconsin
.. Civil Trial Specialist
Certified by the Minnesota
State Bar Association
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I understand the term of my seat of the Planning Commission
formally expires on December 31, 1994. Please consider this
letter a request to be reappointed by the council to the
position.
-.:
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JTS/dlr
jts/carlberg.01
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Bonnie
Bob
N oV'::lnb~"? t' ~~:~., 1 q (1 t~
PNDOVER PLANNING AND ZONING COMMISSION
CITY OF ANDOVER
ANDOVER CITY HALL
/HIDOVER, Mr-!.
(\Tn,l:
Dave Carlberg,
ANDOVER PLANNING OIRECTOR
"
I would like to submit my resignation form the ANDOVER PLANNING
ZONTNG COMMISSION effective December 31,1994. I am resigning my
position as I have been newly elected to the ANDOVER CITY COUNCIL.
May I add. tt has been a wonderful experience working as an
Andover Planning and Zoning Commissioner. Thank you.
)
~Brr~l"
~~~
Ronnie L. Oehn
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TO:612 7E:8 1679
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CITV of ANDOVER
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ADVISORY CUMMISSION APPLICATION
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Name:
Brian Barringer
Addtess:
2938 142nd Ave NW
Andover
Home phone: 755-0669
Work phone:
379-4900
commission preference:
Planning & zoning
xxx
Park & Recreation
Economic Development
Charter Commission
public Safety Committee
Equestrian Counc1l____
Cable Comm.
Ttee commisGion
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rloa5c state your reasons for requesting to be on the advisory
commission checked above~
I am interested in becoming involved in the process of helping Andover continue
to grow and prosper through proper growth with adherence to pla~ng & zoning policy
Describe your education/experience which qualifies you to serve
on this commission:
1988 graduate of 'Iowa State University with a BBA in
5 1/2 years with Twin Modal Inc. working in several
Transportation/.Loqistics.
positions, currently Account
Manager.
Describe your professional, civic or community activities which
may be relevant to this commission~
Member
of the
Transportation Club of Mpls/St Paul, Iowa:State Cyclone Club. Former member
St. Paul Jaycees, ISU Cyclone Club Exec Comm. Program Director KUSR-FM 2yrs.
1986-88
Dated: 9-16-94
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Signature ~
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CITY of ANDOVER
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ADVISORY COMMISSION APPLICATION
Name: ~yy IJll/lejl J J
Address: /ij009 /Ji.e:m..9r Ape /J/u:.J
Home Phone: H:J./- c::s'lSf.:, Work Phone: -?'~ -SgS7J
Commission Preference:
Planning & zoning
x
Park & Recreation
Economic Development______ Charter Commission
Public Safety Committee Cable Comm.
Equestrian Council____ Tree Commission
Please state your reasons for requesting to be on the advisory
commission checked above:
r~~~~~ fff(1~t<~
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Describe your education/experience which qualifies you t~serve
on this commission:
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'b ~ tJ]) or; ~ li-tJ~tNl'.1f!t,~/t~l1.l0h' uhef)
Descrl e your pro eSSlona., C1V1C or commun~ y ac lV~ ~es w ~c
may be relevant to this ,:ommissiol1:
SOf~~r [1...ta.-A. qV~(v,,+-"el-' - "tI1r /!h,/17t?j-~ t.1~/J1/)!IJfIP~ )/1 jJl's! #- II
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CITY of ANDOVER
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ADVISORY COMMISSION APPLICATION
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Name: ,Up/au.
Address: t../ s;2. c;-
Home phone: c.;;Z 7-
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/<7 9-r-tL AJL- JfJLJ .
96'5"'0 Work Phone: 7"~.;7- Z; b '30
Y~I - gooFS' E: hC"j)!J
Commission preference:
Planning & zoning
....------
Park & Recreation
Economic Development
Charter Commission
Public safety Committee
Cable Comm.
Equestrian Council____
Tree Commission
please state your reasons for requesting to be on the advisory
commission checked above:
7b ;O~c..D~ /trc7P'<.. /vrt/u(I/C'/ /'M /t7 ('o;t.p,a.arri;?_
7() 0e:..,dcc.rr QfJ~ C:;4X7A~/l<N'C7~ .5'/00 ~ ~ ~V<d-
Describe your education/experience which qualifies you to serve
on this commission:
k .e;/~ t~-"J?f' I'J,G'u'S<' ",.?r'~d4- &;7"'-:: ~ - ~"'f5'{'~ /AS Fv<..
AC;"7~ dO IV's. ~>d/CY1.; tI'<~/hC<.Y'1 ~d~ co""-~
Describe your professional, civic or community activities which
may be relevant to this commission:
4-n.dov~.....- --;;........<- (f)~/t.A..,,'5 S/~, cJ () Y"^s ~ C ~,cK1 .
Dated:
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S~gnature ~
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 6. 1994
AGENDA
t-n
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Reports of Staff, Committees,
'",,,,;nn,,,
ITEM
t-n
Admin.
Appoint Council Representative/
Anoka County HRA
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V. Volk \.)
BY~
/tJ .
Anoka County Commissioner Paul McCarron has requested that the
City Council appoint one elected official to serve on an advisory
committee for the Anoka County Housing and Redevelop-
ment' Authority.
He has also requested that one staff person be appointed to serve
on a technical sub-committee. Dave carlberg, Planning Director,
has agreed to serve on the sub-committee.
Attached is a letter that was sent to the mayors in Anoka County
requesting these appointments.
V:Attach,
MOTION BY:
SECOND BY:
SENT BY:Xerox Telecopier 7021 ;11-21-94 16:24
COUNTY ADMIN.~755 8923
:# 2
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COUNTY
OF
ANOKA
~ of the County B
GOVERNME
. 2100 31d Avenue' Anoka,
(812)
of Commi8sio1U/l"ll
CENTER
lmesota 55303-2489
BOO
November 18, 1994
PAUL McCARRON
Anoka CoU1ty Commb$loner
D1s1r1c:l iI6 - Blaine
. 0'e1e Pines
- Frklley
. SprIng LMe Park
To All Anoka County Mayors and Town Board Chairs:
The September 20th meeting on the development of
Redevelopment Authority was well attended and wa, a very pr.
1he willingness of 1he participants to share their perspectives
develop a program which meets everyone's needs.
Anoka County Housing and
uc::tlve meeting. We appreclmed
concerns--they will help us to
.,
One of the recommendations which resulted from the meet! was that a representative group
of municipal officials be selected to provide advice to the Cou as we go through the planning
and development of our HRA and related programs. We woul very much apprecIate It If you
could appoint one elected official from your munlclp IIty to serve on an advIsory
committee and one staff person to serve on a technical s b-commlttee.
"
Please provide the names of your municipality's representatlv to Tim Yantos, Deputy County
Administrator, Anoka County aovemment Center, 2100 3rd ~enue, Anoka, MN 55303 (323-
5692) by October 11, 1994. We will then schedule a meetl of the committees In October.
There are many details to be resolved to ensure that the Anok County HRA meets the housing
needs of our citizens. We believe that a cooperative and Interactlvo partne~hip with our
municipalities is the only way to achieve this. Thanking you I advance for your assIstance.
Sincerely I
Paul McC on
Anoka Co my Commissioner
PM:lp
cc: Anoka County Commissioners
Meeting Attendees
Ci1y Managers/Adminlstrator.J
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FAX: 323-5882
Malllng Acklress: P.O. Box 32610, Frlcley, ltnne 55432
Affirmative Aetlon I Equal Opportunity mployer TDD!TTY: 323-5289
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 6. 1994'
AGENDA
I'D.
SECTION
ORIGINATING DEPARTMENT
Scott Erickson~
and
Todd Haas,~
Engineering
APPROVED
FOR AGENDA
Reports of Staff, Committees,
Commi<:.<:.inn<:.
ITEM
t-n
BY:
Development Control
Ii.
The City Council is requested to review the recommended changes
by the Andover Review Committee for Ordinance 10, Subdivision and
Platting of Land, and the Development Contract for urban
projects.
If you recall, this item was discussed with the City Council at
their October 18, 1994 meeting.
If the City Council agrees with the changes, City staff will then
forward this to the Planning and zoning Commission for a public
hearing in January.
Note: The ordinance additions have been shown in bold and the
deletions have been dashed-out.
The development contract has been basically rewritten.
The major changes proposed in the development contract are the
following:
* Requiring a non-refundable cash deposit for sealcoating.
* The developer providing a full-time registered engineer to
oversee the construction at the developer's expense until all
developer's improvements are completed and accepted by the
City.
* Time frame for issuing building permits.
* Cash escrow for erosion control.
MOTION BY:
SECOND BY:
TO:
PRELIMINARY DRAFT
DEVELOPMENT CONTRACT
(City Installed Improvements)
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THIS AGREEMENT made this
day of
, 19
is by and between the City of Andover, whose address is 1685
Crosstown Boulevard NW, Andover, MN 55304, a municipal
corporation organized under the laws of the State of Minnesota,
hereinafter referred to as the "City", and
whose address is
, hereinafter referred to as the
"Developer".
WHEREAS, the Developer has received approval form the City
Council for a plat of land within the corporate limits of the
City known as , hereinafter called
"Subdivision"; and
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WHEREAS, the Developer requested that the City construct and
finance certain improvements to serve the plat; and
WHEREAS, the Developer is to be responsible for the
installation and financing of certain private improvements within
the plat; and
WHEREAS, said City Subdivision Ordinance and Minnesota
Statute 462.358 authorized the City to enter into a performance
contract secured by a bond, cash escrow or other security to
guarantee completion and payment of such improvements following
final approval and recording of the final plat; and
WHEREAS, Minnesota Statute 429 provides a method for
assessing the cost of City installed improvements to the
benefited property.
)
NOW, THEREFORE, in consideration of the mutual promises of
the parties made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
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1. DESIGNATION OF IMPROVEMENTS. Improvements to be
installed at the Developer's expense by the Developer as
hereinafter provided are hereinafter referred to as "Developer
Improvements". Improvements to be installed by the City and
financed through assessment procedures are hereinafter referred
to as "City Improvements".
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2. DEVELOPER'S IMPROVEMENTS. The Developer will construct
and install at Developer's expense the following improvements
according to the following terms and conditions:
A. The Developer shall do all site grading including the
front 100 feet of the lots as per the approved grading,
drainage and erosion control plan which includes common
greenway and open spaces, storm water storage ponds and
surface drainage ways including sodding of boulevards
all in accordance with the approved grading, drainage
and erosion control plan.
B. The Developer shall control soil erosion insuring:
I. All development shall conform to the natural
limitations presented by the topography and soil of
the subdivision in order to create the best
potential for preventing soil erosion. The
Developer shall submit an erosion control plan,
detailing all erosion control measures to be
implemented during construction, said plan shall be
approved by the city prior to the commencement of
site grading or construction.
2. Erosion and siltation control measures shall be
coordinated with the different stages of
development. Appropriate control measures as
required by the city shall be installed prior to
development when necessary to control erosion.
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3. Land shall be developed in increments of workable
size such that adequate erosion and siltation
controls can be provided as construction progresses.
The smallest practical area of land shall be exposed
at anyone period of time.
4. Where the topsoil is removed, sufficient arable soil
shall be set aside for respreading over the
developed area. The topsoil shall be restored which
includes seeding, mulching and anchoring to a depth
of at least four (4) inches and shall be of a
quality at least equal to the soil quality prior to
development.
C. In addition, the Developer shall remove all dead and
diseased trees before building permits will be issued.
The Developer shall be responsible to maintain tree
protection until all lots within the subdivision have
homes constructed upon them where necessary.
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D. The Developer shall place iron monuments at all lot and
block corners and at all other angle points on boundary
lines. Iron monuments shall be placed after all street
and lawn grading has been completed in order to preserve
the lot markers for future property owners.
E. The Developer shall make all necessary adjustments to
the curb stops to bring them flush with the topsoil
(after grading).
F. The Developer shall be responsible for street and storm
sewer maintenance, including curbs, boulevards, sod and
street sweeping until the project is complete. All
streets and storm sewers shall be maintained free of
debris and soil until all lots within the Subdivision
have homes constructed upon them or have been properly
graded and stabalized with a vegetative cover acceptable
to the city Engineer. A cash escrow is required for
erosion control as determined by the city Engineer.
$5,000.00 is the minimum. warning signs shall be placed
when hazards develop in streets to prevent the public
from traveling on same and directing attention to
detours. If and when the street become impassable, such
streets shall be barricaded and closed.
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G. The Developer shall furnish street lights in accordance
with the city's Street Lighting Ordinance No. 86. The
Developer shall conform to Ordinance No. 86 in all
respects. The City shall order the street lights and
Developer shall reimburse the City for such cost.
General Requirements:
1. Residential street lighting shall be owned,
installed, operated and maintained by the electric
utility company. City and electric utility company
shall enter into a contractual agreement on the rate
and maintenance of the street lighting system.
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2. It shall be the responsibility of the Developer to:
a. Advise all lot purchasers of their
responsibility for street lighting operating
charges.
b. Pay for street light charges for all lots owned
by the Developer.
H. The Developer shall dedicate and survey all storm water
holding ponds as required by the city. The Developer
shall be responsible for storm sewer cleaning and
holding pond dredging, as required, by the City prior to
completion of the development.
I. The Developer shall be responsible for securing all
necessary approvals and permits from all appropriate
Federal, state, Regional and Local jurisdictions prior
to the City awarding construction contracts for public
utilities.
J. The Developer shall make provision that all gas,
telephone and electric utilities shall be installed to
serve the development.
K. Cost of Developer's Improvements, description and
completion dates are as follows:
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Description of
Improvements
Estimated
Cost
Date to be
Completed
1.
2.
3.
4.
5.
6.
7.
Total Estimated Construction Cost
For Developer's Improvements
$
Estimated Legal, Engineering and
Administrative Fee ( l5 %)
$
Total Estimated Cost of Developer
Improvements
$
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L. Construction of Developer's Improvements:
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1. Construction. The construction, installation,
materials and equipment shall be in accordance
with the plans and specifications approved by the
City.
2. Ins~ection. The Developer shall provide a full-time
reg~stered professional engineer or their duly
authorized representative to oversee the
construction at the Developer's expense until such
Developer's improvements are completed and accepted
by the City Engineer.
3. Easements. The Developer shall dedicate to the
City, prior to approval of the final plat, at no
cost to the City, all permanent or temporary
easements necessary for the construction and
installation of the Developer's Improvements as
determined by the City. All such easements required
by the City shall be in writing, in recordable form,
containing such terms and conditions as the City
shall determine.
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4. Faithful Performance of Construction Contracts and
Bond. The Developer will fully and faithfully
comply with all terms and conditions of any and all
contracts entered into by the Developer for the
installation and construction of all Developer's
Improvements and hereby guarantees the workmanship
and materials for a period of one year following the
City's final acceptance of the Developer's
Improvements. concurrently with the execution
hereof by the Developer, the Developer will furnish
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to, and at all times thereafter maintain with the
City, a cash deposit, certified check, Irrevocable
Letter of Credit, or a Performance Bond, based on
one hundred fifty (150%) percent of the total
estimated cost of Developer's Improvements as
indicated in Paragraph K. An Irrevocable Letter of
Credit or Performance Bond shall be for the
exclusive use and benefit of the City of Andover and
shall state thereon the the same is issued to
guarantee and assure performance by the Developer of
all the terms and conditions of this Development
Contract and construction all required improvements
in accordance with the ordinances and specifications
of the City. The City reserves the right to draw,
in whole or in part, on any portion of the
Irrevocable Letter of Credit or Performance Bond for
the purpose of guaranteeing the terms and conditions
of this contract. The Irrevocable Letter of Credit
or Performance Bond shall be renewed or replaced by
not later than twenty (20) days prior to its
expiration with a like letter or bond.
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5. Reduction of Escrow Guarantee. The Developer may
request reduction of the Letter of Credit,
Performance Bond, or cash deposit based on
prepayment or the value of the completed
improvements at the time of the requested reduction.
The amount of reduction will be determined by the
City and such recommendation will be submitted to
the City Council for action.
3. CITY'S IMPROVEMENTS. In accordance with the policies
and ordinances of the city, the following described improvements
(hereinafter collectively called the "Improvements"), as
referenced in the plans and specifications adopted by the City
Council shall be constructed and installed by the City to serve
the subdivision on the terms and conditions herein set forth:
A. Street grading, graveling and stabilizing, including
construction of berms and boulevards (hereinafter called
"Street Improvements")
B. Storm sewers, when determined to be necessary by the
City Engineer, including all necessary mains, catch
basins, inlets and other appurtenances (hereinafter
called "storm Sewer Improvements")
,
C. Sanitary sewer mains, laterals or extensions, including
all necessary building services and other appurtenances
(hereinafter called "Sanitary Sewer Improvements")
D. Water mains, laterals or extensions, including all
necessary building services, hydrants, valves and other
appurtenances (hereinafter called" Watermain
Improvements")
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E. Permanent street surfacing, including concrete curb and
gutter (hereinafter called "Permanent Street
Improvements")
F. Standard street name signs at all newly opened
intersections (hereinafter called "Traffic Signing
Improvements")
G. A cash deposit will be required to cover the first
sealcoat application that will be applied to the streets
within the project. The amount will be $1.00 times the
total square yardage of the streets constructed within
the development.
H. 1. Construction Procedures. All such improvements set out
in Paragraph 3. A-F above shall be instituted,
constructed and financed as follows: The City shall
commence proceedings pursuant to Minnesota statute 429
providing that such improvements be made and assessed
against the benefited properties. After preparation of
preliminary plans and estimates by the city Engineer, an
improvement hearing, if required by law, will be called
by the City Council for the purpose of ordering such
improvements. After preparation of the final plans and
specifications by the city Engineer, bids will be taken
by the City and contract awarded for the installation of
improvements under the City's complete supervision.
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2. Security, Levy of Special Assessments and Required
payment Therefor. Prior to the preparation of final
plans and specifications for the construction of
said improvements, the Developer shall 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.
SECURITY REQUIREMENT (15%): $
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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. That such cash escrow or
letter of credit shall remain in full force and
effect throughout the term of the special
assessment, except, the amount os such escrow or
letter of credit may be reduced, upon the request of
the Developer, at the City's option, but in no event
shall be less than the total of the outstanding
special assessments against all properties within
the improvements, including any reasonable
engineering, legal and administrative cost 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.
All special assessments levied hereto shall be
payable to the City Clerk in semi-annual
installments commencing on April 15 of the year
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after the levy of such assessment and on each
September 15 and April 15 thereafter until the
entire balance plus accrued interest is paid in full
unless paid earlier pursuant to Paragraph 3.G.3
herein. In the event any payment is not made on the
dates set out herein, the City may exercise its
rights pursuant to hearing requirements and any
claim that the assessments exceed the benefit to the
property. In the event the total of all City
Installed Improvements is less than originally
estimated by the City Engineer in his feasibility
report, Developer waives all rights they have by
virtue of Minnesota Statute 429.081 or otherwise to
challenge the amount or validity of amounts, or the
procedures used by the City in levying the
assessments and hereby releases the city, its
officers, agents, and employees from any and all
liability related to or arising out of the levy of
the assessments.
3. Re uired pa ments of S ecial Assessments b
Deve oper, ~ts e~rs, successors or ass~gns ere y
agrees that within thirty (30) days after the issuance
of a certificate of occupancy for a residence on a lot
located within the subdivision which is assessed for the
cost of such improvements, the Developer, it heirs,
successors or assigns, agrees, at its own cost and
expenses, to pay the entire unpaid improvement costs
assessed or to be assessed under this agreement against
such property.
If a certificate of occupancy is issued before the
special assessments have been levied, the Developer,
its heirs, successors or assigns shall pay the City the
sum of cash equal to the Engineer's estimate of the
special assessments for such improvements that would be
levied against the property. Upon such payment the city
shall issue a certificate showing the assessments are
paid in full. Notwithstanding the issuance of said
certificate, the Developer shall be liable to the City
for any deficiency and the City shall pay the Developer
any surplus arising from the payment based upon such
estimate.
4 .
Acceleration u!on Default. In the event the Developer
violates any 0 the covenants, conditions or agreements
herein contained to be performed by the Developer,
violates any ordinance, rule or regulation of the City,
County of Anoka, state of Minnesota or other
governmental entity having jurisdiction over the plat,
or fails to pay any installment of any special
assessments levied pursuant hereto, or any interest
thereon, when the same is to be paid pursuant hereto,
the City, at its option, in addition to its rights and
remedies hereunder, after ten (10) days' written notice
to the Developer, may declare all of the unpaid special
assessment which are then estimated or levied pursuant
to this agreement due and payable in full, with
interest. The City may seek recovery of such special
assessments due and payable fromm the security provided
in paragraph 3.G.2 hereof. In the event that such
security is insufficient to pay the outstanding amount
of such special assessment plus accrued interest the
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,
/
City may certify such outstanding special assessments in
full to the County Auditor pursuant to M.S. 429.061,
Subd. 3 for collection the following year. The city, at
its option, may commence legal action against the
Developer to collect the entire unpaid balance on the
special assessments then estimated or levied pursuant
hereto, with interest, including reasonable attorney's
fees, and Developer shall be liable for such special
assessments and, if more than one, such liability shall
be joint and several. Also, if Developer violates any
terms or condition of this agreement, or if any payment
is not made by Developer pursuant to this agreement the
City, at its option, may refuse to issue building
permits to any of the property within the plat on which
the assessments have not been paid.
4. RECORDING AND RELEASE. The Developer agrees that the
terms of this Development Contract shall be a covenant on any and
all property included in the subdivision. The Developer agrees
that the City shall have the right to record a copy of this
'\
Development Contract with the Anoka County Recorder to give
notice to future purchasers and owners. This shall be recorded
against the subdivision described on Page 1 hereof. City shall
provide to Developer upon payment of all the special assessments
levied against a parcel a release of such parcel from the terms
and conditions of this Development Contract subject to provisions
contained in second paragraph of Section 3.G.3 on page 6.
5. REIMBURSEMENT OF COSTS. The Developer agrees to 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. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY.
,
)
,
Where a platted street intersects an existing City street or
County road the City Building Official may issue building permits
for any lot fronting the new platted street and within a maximum
distance of 150 feet from this intersection.
No Certificate of Occupancy permit shall be issued for any
'\ house in the plat until the following have been completed:
)
A. A letter from the Developer's engineer certifying the
plat has been graded according to the grading, drainage
and erosion control plan approved by the City. The
Developer will notify the City a minimum of two (2)
weeks prior to any Certificate of Occupancy permit being
required.
B. Removal of all dead or dying trees from the property at
the owner's expense or escrow for any remaining trees
will need to be removed. Stockpiling the dead trees on
the lot for resident's removal for firewood will be
acceptable only after the lot has been graded to plan.
C. No building permits will be issued until all utilities
and streets (1st lift) are constructed and accepted by
the City. This also includes grading of the project
performed by the Developer and approved by the City
Engineer.
D. Silt fencing be required as directed by staff on
portions of each buildable lot during construction.
,
\
E. Building Official will "Red Tag" site for violations of
silt fencing, erosion control or tree protection.
The Developer further agrees that they will not cause to be
occupies, any premises constructed upon the plat or any property
within the plat until the completion of the gas, electric,
telephone, water and sewer improvements required by this
Development Contract have been installed, unless the City has
agreed in writing to waive this requirement as to a specific
premises.
7. CLEANUP. Developer shall promptly clean dirt and debris
from streets that has resulted from construction by the
Developer, its agents or assigns.
\
)
8. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work
and construction required by this contract and accepted by the
City, the improvements lying within the public easements shall
become City property without further notice or action.
9. INSURANCE. Developer and/or all its contractors shall
take out and maintain until one (1) year after the City has
accepted the private improvements, public liability and property
damage insurance covering personal injury, including death, and
, claims for property damage which may arise out of the Developer's
,
/
work or the work of his subcontractors or by one directly or
indirectly employed by any of them. Limits for bodily injury and
death shall be not less than Five Hundred Thousand and no/100
($500,000.00) Dollars for one person and One Million and no/100
($1,000,000.00) Dollars for each occurrence; limits for property
damage shall be not less than Two Hundred Thousand and no/100
($200,000.00) Dollars for each occurrence; or a combination
single limit policy of One Million and no/100 ($1,000,000.00)
Dollars or more. The City shall be named as an additional
insured on the policy, and the Developer or all its
subcontractors shall file with the City a certificate evidencing
coverage prior to the City signing the plat. The certificate
shall provide that the City must be given ten (10) days advance
written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give
the required notice.
10. REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer
agrees to 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.
11. VALIDITY. If any portion, section, subsection,
sentence, clause, paragraph or phrase in this contract is for any
reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect or void any of the other
provisions of the Development Contract.
'\
)
12. GENERAL.
A.
Bindina Effect. The terms and provisions hereof shall
be bin ing upon and inure to the benefit of the heirs,
representatives, successors and assigns of the parties
,
J
hereto and shall be binding upon all future owners of
all or any part of the Subdivision and shall be deemed
covenants running with the land.
B.
Notices. Whenever in this agreement it shall be
required or permitted that notice or demand be given or
served by either party to this agreement to or on the
other party, such notice or demand shall be delivered
personally or mailed by United states mail to the
addresses hereinbefore set forth on Page 1 by certified
mail (return receipt requested). Such notice or demand
shall be deemed timely given when delivered personally
or when deposited in the mail in accordance with the
above. The addresses of the parties hereto are as det
forth on Page 1 until changed by notice given as above.
Final Plat Ap~roved. The City agrees to give final
approval to the plat of the Subdivision upon execution
and delivery of this agreement and of all required
petitions, bond and security.
Incorporation by Reference. All plans, special
provisons, proposal, specifications and contracts for
the improvements furnished and let pursuant to this
agreement shall be and hereby are made a part of this
agreement by reference as fully as if set out herein in
full.
C.
D.
13. REMEDIES FOR VIOLATIONS OF CONTRACTS. In the event
that Developer, builder, or any subcontractor violates any of the
covenants and agreements contained in this Development Contract
and to be performed by the Developer, builder, or subdivider, the
City, at its option, in addition to the rights and remedies as
set out hereunder, may refuse to issue building permits to any
property within the plat until such time as such default has been
inspected and corrected to the satisfaction of the City.
DEVELOPER
CITY OF ANDOVER
By By
Mayor
Its President
, ATTEST:
)
By
Clerk
~
. ,)
STATE OF MINNESOTA)
) SS.
COUNTY OF ANOKA )
On this
day of
, 19___, before me,
a Notary Public within and for said County, personally appeared
and
to me known to be
respectively the Mayor and Clerk of the City of Andover, and who
executed the foregoing instrument and acknowledged that they
executed the same on behalf of said City.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF ANOKA )
On this
,
I
day of
, 19___, before me,
a Notary Public within and for said County, personally appeared
and
to me known to be
the
and
of
, a corporation organized and
existing under the laws of the State of Minnesota, and who
executed the foregoing instrument and acknowledged that they
executed the same on behalf of said corporation.
Notary Public
This instrument was drafted by:
Burke and Hawkins
299 Coon Rapids Blvd., *101
Coon Rapids, MN 55433
~
)
PRELIMINARY DRAFT
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance NO. 10
AN ORDINANCE ESTABLISHING THE CITY COUNCIL AS THE PLATTING
AUTHORITY OF THE CITY, ESTABLISHING REGULATIONS AND PROCEDURES FOR
THE SUBDIVISION AND PLATTING OF LAND WITHIN THE CITY, AND
PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
THE COUNCIL OF THE CITY OF ANDOVER ORDAINS:
SECTION 1. SHORT TITLE. This Ordinance shall be known as the
"Subdivision Ordinance of the City of Andover" (Ordinance No. 10)
and will be referred to herein as "this Ordinance." (lOA, 9-10-
74)
SECTION 2. INTERPRETATION AND SCOPE. All land subdivision within
the City of Andover shall equal or exceed the standards set forth
in this Ordinance. The standards established by this Ordinance
are not intended to repeal, abrogate, annul or impair private
agreements or restrictive covenants including state and County
regulations running with the land which are equal to or more
restrictive than the standards hereby established, except that the
most restrictive shall apply.
SECTION 3. PLATTING AUTHORITY. The Council shall serve as the
Plattlng Authority in accordance with Minnesota Laws of 1965,
Chapter 670 (Minnesota Statute Sec. 462.358). No plat, replat,
subdivision of land or registered land survey shall be filed or
accepted for filing by the County Recorder of Anoka County unless
it is accompanied by a certified copy of a resolution adopted by
the affirmative vote of a majority of the members of the Council
approving such plat, replat, subdivision of land or registered
land survey.
SECTION 4. DEFINITIONS. For the purpose of this Ordinance,
certain words and terms are hereby defined as follows:
ALLEY is a public right-of-way which affords a secondary means of
access to abutting property. No alleys shall be allowed.
ANDOVER REVIEW COMMITTEE consists of the following departments:
Administration
Building
Engineering
Finance
Fire
Planning
Police
Public Works
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BLOCK is an area of land within a subdivision that is entirely
bounded by streets, or by streets and the exterior boundary or
boundaries of the subdivision, or a combination of the above with
a stream or lake.
Page 1
\ BOULEVARD is that portion of the street right-of-way between the
j curb line and the property line.
BUILDABLE LOTS:
A. sewer, all lots or
, square feet with
and one-half (6.5') feet
above the seasonal high water mark. All organic material
shall be removed and replaced with granular material with no
more than five (5%) percent organic material by volume. The
lowest floor shall be at least three (3') feet above the
highest know and/or recorded water table in the area of
construction pursuant to Ordinance No. 17 as amended.
B. In areas served by municipal sanitary sewer, all lots or
parcels shall have all organic material removea--and replaced
with granular material with no more than five (5%) percent
organic material by volume for the front one hundred (100')
feet of depth of the lot at a minimum width of the lot as
required for that zoning district by the Zoning Ordinance.
The lowest floor shall be at least three (3') feet above the
highest known and/or recorded water table in the area of
construction pursuant to Ordinance No. 17 as amended. (lOV,
11-17-92)
BUTT LOT is a lot at the end of a block located between two corner
lots.
COMPREHENSIVE PLAN means
goals, standards, and maps
economic development, both
environs.
a compilation of policy Statements,
for guiding the physical, social and
private and public, of the city and its
DESIGN STANDARDS are the specifications to land owners or
subdividers for the preparation of plats, both preliminary and
fin~l, indicating among other things, the optimum, minimum or
max~mum dimensions of such items as rights-of-way, blocks,
easements, lots, etc.
EASEMENT is a grant by a property owner for the use of a portion
of land for the expressed purpose of constructing and maintaining
slopes or grade transitions or utilities, including but not
limited to, electric and telephone lines, sanitary and storm sewer
lines, surface drainage ways and gas lines.
ENGINEER denotes the City Engineer unless otherwisa stated.
FINAL PI.AT is a drawing or map of a subdivision which meets all of
the requirements of the City and is in such form as meets State
and County requirements for purposes of recording.
GRADE, SLOPE OR GRADIENT means the rate of vertical rise or drop
" from any fixed horizontal line or point.
j
IMPROVEMENTS means the construction or installation of public or
private utilities including, but not limited to, potable water,
sanitary sewer systems, storm sewers, roads and other thorough-
Page 2
'\ fares, sidewalks, curbs and gutters, paving, barricades, trees and
/ other plantings, lighting, fuel or energy and the transmission
thereof, transportation systems or facilities connected therewith
and communication systems which are necessary, desirable or
convenient in the maintenance of the health, safety and the
general welfare.
LOT is a parcel of land delineated upon and thereafter described
by reference to a plat, registered land surveyor auditor's
subdivisions, or other similar recorded dedicatory document.
OPEN SPACES are areas set aside for the preservation of natural
open space to counteract the effects of urban congestion and
monotony.
OWNER is (any person, firm or corporation, or any other legal
entity, or a combination of any of them), having sufficient legal
proprietary interest in the land sought to be subdivided to
commence and maintain proceedings to subdivide the same under this
Ordinance. Any combination involving a person(s), firm(s),
corporation(s) or other legal entity(ies), so far as this
ordinance is concerned, is considered to be a single owner.
PARKS AND PLAYGROUNDS are public lands and open space in the City
dedicated for and usable for recreation purposes.
PEDESTRIAN WAY is a public or
across a block or blocks to provide
which may be used for utilities.
PLANNING COMMISSION is the Planning Commission of Andover.
private right-of-way within or
access for pedestrians and
PRELIMINARY PLAT is the tentative drawing or chart indicating the
proposed layout of the subdivision to be submitted hereunder in
compliance with the Comprehensive Plan and these regulations
including required supporting data.
PROTECTIVE COVENANTS are contracts made between private parties as
to the manner in which land may be used, with the view to
protecting and preserving the physical and economic integrity of a
given area.
REQUIRED PUBLIC IMPROVEMENTS are defined as those improvements in
any proposed subdivision, including streets, water and sewer
systems, storm water drainage systems and others which are
required in connection with the approval of any plat or other
subdivision.
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RIGHT-OF-WAY is the publicly owned area between adjacent private
property lines within the limits of a street, pedestrian way, or
thoroughfare.
SEASONAL HIGH WATER MARK is indicated by mottled soils or is the
highest anticipated water table. (lOV, 11-17-92)
SKETCH PLAN is an informal drawing or sketch of the proposed
development submitted to the Clerk for consideration prior to
submittal of preliminary plat. (lOA, 9-10-74)
Page 3
\ STREETS:
A. STREET is a publicly owned right-of-way affording primary
access by pedestrians and vehicles whether designated as a
street, highway, thoroughfare, parkway, road, avenue, or
however otherwise designated.
A1. ARTERIAL ROADS are the major traffic carriers feeding
to the state highways system. City arterials are comprised
mostly of existing County roads in the City as defined in
the Comprehensive Plan. Minimum new access spacing shall be
six hundred sixty (660') feet.
A2. COLLECTOR STREETS are feeders to the arterial roads as
defined in the Comprehensive Plan. Minimum new access
spacing shall be three hundred thirty (330') feet.
A3. MINOR STREET is a street used primarily for access to
the abutting properties and the local needs for a
neighborhood.
A4. CUL-DE-SAC is a street with only one outlet and having
an appropriate terminal for the safe and convenient reversal
of traffic movement.
\
A5. SERVICE STREET OR SERVICE ROAD
adjacent to a thoroughfare and which
abutting properties and protection from
is a street which is
provides access to
through traffic.
A6. LIMITED MINOR STREET shall be a narrow rural roadway
which serves six (6) or fewer residences and has no on-
street parking allowed.
B. STREET WIDTH is the shortest distance between the lot
lines delineating the right-of-way of a street.
SUBDIVIDER is any person, firm or corporation having sufficient
proprietary interest in land in order to subdivide the same under
this Ordinance.
SUBDIVISION is the division of a tract of land into two or more
lots or parcels of land for the purpose of transfer of ownership
or building development. The term includes re-subdivision and,
when appropriate to the context, shall relate to the process of
subdividing or to the land subdivided.
TOPSOIL BORROW for general ~se as a turf growing medium shall meet
the requirements outlined ~n the most current MNDOT standard
Specifications for Construction and be in accordance with MNDOT
3877 topsoil borrow.
;
SECTION 5. ENFORCEMENT AND PENALTY. Unless approved as a final
plat as provided herein, no subdivision shall be entitled to
record in the County Recorder's Office or have any validity; and
the City shall not issue building permits for any structure on a
lot in any proposed subdivision. The City shall not permit any
public improvements to be installed unless the preliminary plat is
Page 4
\ approved and shall not permit any services until approval of the
final plat and recording of same.
5.01 Any firm, persons, or corporation who violates any of the
provisions of these regulations, or who sells, leases, or offers
for sale or lease any lot, block or tract of land herewith
regulated before all the requirements of these regulations have
been complied with, shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished as defined by State Law.
Each day that a violation is permitted to exist shall constitute
a separate offense.
SECTION 6. SKETCH PLAN. Subdividers shall prepare a subdivision
sketch plan for review by the Planning Commission. Such sketch
plan will be considered as having been submitted for informal
discussion between the subdivider and the Planning Commission. No
fee shall be required of the subdivider for the submission of a
sketch plan.
6.0l Submission of a subdivision sketch plan shall not constitute
formal filing of a plan with the City. On the basis of the
subdivision sketch plan, the Planning Commission will informally
advise the subdivider of the extent to which the plan conforms to
the Comprehensive Plan, design standards of this Ordinance and to
other Ordinances of the City, County, and State will discuss
possible modification necessary to secure approval of the plan.
\
6.02 City staff has the authority to require the subdivider to
show adjacent property and any other property to allow for a
complete review to be made by the Andover Review Committee.
6.03 The subdivider should provide the Planning Commission with
~following information:
A. Site Location
B. A rough sketch of the site showing its general
adjacent roadways, waterways, and any other
features of the immediate area.
shape and
significant
C. Type of development proposed.
D. A preliminary road layout and
indicating minimum proposed lot size.
E. The sketch plan shall meet the requirements as specified
in the Tree Preservation Policy as adopted by the City Council
and on file in the City Clerk's office.
lotting
arrangement
SECTION 7. PRELIMINARY PLAT.
7.01 There shall be no conveyance of land described by metes and
bounds if the conveyance is less than five (5 a.) acres in area
\ and three hundred (300') feet in width. (lOA, 9-10-74; lOB, 10-5-
j 76)
Page 5
\ 7.02 Procedure. Prior to platting and subdividing any tract of
) rana into two (2) or more lots, the following procedures shall be
followed:
A. The subdivider shall file ten (10) copies of the
preliminary plat with the Clerk for review and approval by the
Andover Review Committee. a~-~eas~-~weR~Y-~A~ee-t~;+-ea~eRea~-
eays-Be€e~e-~Ae-ReH~-~e~~~a~-meR~A~y-mee~~R~-e€-~Ae-p~aRR~R~-
€emm~ss~eR-a~-wA~eA-mee~~R~-sa~e-~~a~-sAa~~-Be-eeRs~ee~eeT
(lOA, 9-10-74)
B. At the time of the filing of the preliminary plat, the
subdivider shall pay to the City a fee as set by Council
resolution for plats involving residential lots only, a fee as
set by Council resolution for plats involving other than
residential lots, plus a fee set by Council resolution for
each acre of land in all preliminary plats. (lOJ, 2-18-86)
Prior to the filing of the preliminary plat the Andover Review
Committee will review the plat for compliance with City
ordinances. If the plat is found in compliance, the Andover
Review Committee will forward a preliminary plat application
to the subdivider for submittal to the City Clerk. The
complete application, as determined by the Andover Review
Committee can then be submitted to the Planning Commission.
No application of the preliminary plat will be accepted prior
to approval from the Andover Review Committee.
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C. The Clerk shall receive ten (10) copies and refer seven
(7) copies of the preliminary plat to the Planning Commission
and one (1) copy to the Engineer.
D. The Engineer shall submit a written report to the Planning
Commission, which shall deal with drainage, streets, and other
engineering matters pertinent to said preliminary plat. Said
report shall be submitted to the Planning Commission
a~-~eas~-SeYeR-tf+-eays prior to the public hearing prescribed
by the following subsection.
E. The Planning Commission shall hold a public hearing on the
preliminary plat within sixty (60) days after said preliminary
plat application is filed with the Clerk. At said hearing all
persons interested in the plat shall be heard. Notice of time
and place of hearing and the full legal description of the
area to be subdivided shall be published once in the official
newspaper of the City at least ten (10) days before the day of
the hearing. The subdivider shall furnish the Clerk with the
names and mailing addresses of the owners of all land within
three hundred fifty (350') feet of the boundaries of the
preliminary plat, and the Clerk shall give mailed notice of
said hearing to said owners at least ten (10) days prior to
the day of said hearing, although failure of any property
owner to receive such notification shall not invalidate the
proceedings. (lOA, 9/10/74)
F. The Planning Commission shall conduct the hearing on the
preliminary plat and shall make its report to the Council
within thirty (30) days after said hearing. (100, 6-06-89)
Page 6
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G. After the Council receives the report of the Planning
Commission the Council at its next regular scheduled meeting
shall act to approve or disapprove the preliminary plat. The
report of the Planning and zoning Commission shall be placed
on the agenda of the city Council in the following manner:
1. Recommendations from the Planning and zoning
Commission meeting held on the second Tuesday shall be
placed on the agenda of the City Council at their first
Tuesday meeting of the following month.
2. Recommendations from the Planning and zoning
Commission meeting held on the fourth Tuesday shall be
placed on the agenda of the City Council at their third
Tuesday meeting of the following month, unless there are
five Tuesdays in the given month from which the
recommendation of the Planning and zoning Commission is
made, in which case the recommendation shall be placed on
the agenda of the city Council at their first Tuesday
meeting of the following month. (lOO, 6-06-89)
If the Council shall disapprove said plat, the grounds for any
such disapproval shall be set forth in the proceedings of the
Council and reported to the subdivider within fourteen (14)
eeYeA-+~+ days thereafter.
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H. Approval of
only, subject
recommendations
a preliminary plat by the Council is tentative
to the compliance with all requirements and
as a basis for preparation of the final plat.
I. At the time of the filing of the preliminary plat the
subdivider shall submit to the Clerk a petition for rezoning
to the proposed future use of said land if the land is not
already so zoned. The owner of said land shall join in said
petition.
J. Subsequent approval by the Council shall be required of
all engineering considerations presented in the preliminary
plat which include, but which shall not be limited to
easements, water supply, sewage disposal, storm drainage,
surface water storage, gas and electric services, road
gradients and widths, and the surfacing of streets, prior to
the approval of the final plat by the Council.
K. The Council shall act on the preliminary plat within sixty
(60) days of the date on which it was filed with the Clerk.
If the report of the Planning Commission has not been received
within said period, the Council shall act without such report.
7.03 preliminary Plat Schedule. Preliminary plats shall be filed
rn-accordance with the schedule adopted in the development policy
guidelines.
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SECTION 8. REQUIRED PRELIMINARY PLAT DATA. It shall be a
condition to the acceptance of a preliminary plat application
filed fe~-f~~~A~ with the Clerk that said plat shall include the
data required hereunder.
Page 7
, 8.01 Identification and Description.
I
A. Proposed name of subdivision, which name shall not
duplicate nor be alike in pronunciation to the name of any
plat therefore recorded in the County wherein said land is
situated.
B. Full legal description of the land involved in said plat.
C. Names and addresses of the owner and subdivider of the
land, and the designer and surveyor of said plat. If the
subdivider is not the fee owner of the land, the subdivider
shall submit the written consent of the fee owner to the
filing of the preliminary plat.
D. Graphic scale of not smaller than one (1") inch to fifty
(50') feet.
E. North point, designated as true north.
F. Date of preparation.
G. Certification by Registered Land Surveyor certifying to
accuracy of survey.
8.02
Existing Conditions.
,
A. All boundary line survey, including measured distances and
angles, which shall be tied into the nearest quarter section
or section line by traverse.
B. Total acreage. Calculated to the nearest 0.1 acre.
C. Existing zoning classifications for tract of land in, and
within, three hundred (300') feet of the preliminary plat.
D. Location and names of existing or platted streets and
other public ways, parks and public open spaces, permanent
buildings and structures, easements, and section and municipal
boundary lines within the plat and to a distance of one
hundred (100') feet beyond.
E. If the preliminary plat is a re-arrangement or are-plat
of any recorded plat, the lot and block arrangement of the
original plat, its original name, and all revised or vacated
roadways shall be shown by dotted or dashed lines.
I
/
F. Location and width of existing streets (including type of
surfacing), railroads, sanitary sewers, water mains, storm
sewers, gas, telephone, electric, cable T.V., culverts,
grades, invert elevations and locations of catch basins,
manholes and hydrants and any underground facilities within
the plat and to a distance of one hundred (100') feet beyond.
G. Boundary lines of land within one hundred (100') feet of
the tract of land within the plat, and the name of the owner
thereof, but including all contiguous land owned or controlled
,
Page 8
,
J
by the subdivider or owner of the tract proposed to be
platted.
H. Topographic data, including contours at vertical intervals
of not more than two (2') feet, except that where the
horizontal contour interval is one hundred (100') feet or
more, a one (1') foot vertical interval shall be shown. Water
courses, lakes, marshes, wooded areas, rock outcrops, drainage
tile, and other significant physical features shall be shown
U.S. Geodetic survey datum shall be used for all topographic
mapping where available.
I. A copy of restrictive covenants, if any, concerning all
abutting land shall be filed with the preliminary plat.
J. Soils. Such other data as may be requested by the
Engineer.
8.03 Design Features.
A. Layout of proposed streets, showing right-of-way widths
and proposed names of streets. The name of any street
heretofore used in the city or its environs shall not be used,
unless the proposed street is an extension of an already named
street, in which event said name shall be used.
J
B. Locations and widths of pedestrian ways and utility
easements.
C. Profiles of
streets, storm
sanitary sewers
Authority.
existing and proposed centerline grades of
sewers, drainage ditches and culverts; also,
and watermains where required by the Platting
D. An overall grading/drainage/erosion control plan showing
existing contours at two (2') foot intervals in dashed lines
and proposed contours in heavier solid lines. Minimum
basement floor elevations of all proposed buildings shall be
shown. Each lot shall show proposed elevations at all lot
corners and intermediate proposed elevations along all lot
lines or any additional location as deemed necessary by the
Engineer.
E. A Tree Protection Plan shall be
information as defined by the Tree
adopted by the City Council and on file
office.
required showing all
preservation Policy as
in the City Clerk's
F. Layouts of lots and blocks with numbers of each, square
footage of lots and lot dimensions scaled to the nearest foot.
G. Areas, other than streets, pedestrian
easements, intended to be dedicated or
use, including the size of such areas.
ways and utility
reserved for public
H. Minimum front and side yard building setback lines as
required by the zoning Ordinances of the city.
Page 9
)
I. Proposed method of disposing of surfac~ water draina0e
within and beyond the limits of the plat.
J. Whenever a portion of a tract of land is proposed for
subdividing and said tract is large enough or is intended for
future subdivision, a plan for the future subdivision of the
entire tract shall be submitted to the Planning Commission.
Such future subdivision shall include: pr090sed lots, ro~d
easement for cross streets, utility easements, and such other
data as required for future subdivisions. Wh~n an individuul
applies for a building permit on such a lot, h~ shall submit a
scaled site plan showing the location of the proposed
structure on the lot so that it will be locatej in conformance
with the proposed resubdivision street patterns. The hone
shall be placed so that it will not be in conflict with the
proposed street pattern of said resubdivision. (lOG, 9-16-80)
K. Any revisions to this section shall be reviewed by the
Andover Review Committee. If the propos~d revision ~s
significant and recommended by the Andover Faview Committee
it will be presented to the City Council for action.
8.04
Additional Information to be Furnished.
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A. Statement of proposed use of lots; i.e., whether
residential, commercial, industrial or comcination thereo~.
If residential, state type and number of jwelling units.
Furnish sufficient details for all types of usage in order to
reveal the effect of the subdivision development on traffic,
fire protection and density of population.
B. Source of water supply.
C. Facilities for sewage disposal.
D. If zoning changes are contemplated, the ?roposed zoning
plan for the area.
E. In areas affected by inadequate surfa=e drainage or
subjected to periodic flooding, furnish proposals designed to
make the area safe for occupancy and to provid~ for adequa~e
street and lot drainage.
F. Flood plain management area boundaries f~r Coon Creek,
Cedar Creek, and the Rum River.
G. Proposals for street lighting, curb, gutter, sidewalks a:.d
boulevard improvements.
H. Such other information as shall be re:juested by t;~e
Planning Commission or Engineer.
. )
I. A location map showing the plat location i:1 the Ci ty. TIle
location map shall have an approximate scale Jetween 1"-150n'
and 1"-2000' and shall be of sufficient size to locate the
plat relative to the nearest County Roadways. The location
map shall show the proposed street layout and the layout of
all existing streets platted or unplatted, within one-half
Page 10
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(1/2) mile of the proposed plat. The streets and roadways
shall be labeled with their proposed or existing names.
Adjacent platted areas shall be labeled with their plat name.
(lOF, 8-18-80)
J. The preliminary plat shall show the number of linear road
miles within the plat. (10F, 8-18-80)
K. The preliminary plat shall show the location of all "Area
Identification" signs. Special Use Permits for area
identification signs shall be applied for in conjunction with
the preliminary plat in accordance with the Zoning Ordinance.
(lOU, 8-04-92)
SECTION 9. SUBDIVISION DESIGN STANDARDS.
9.01 General Requirements.
A. The Planning Commission in its review of a preli~ina:y
plat shall determine whether the proposed subdivision ~s ln
conformity with the Comprehensive Plan, and shall take into
consideration the requirements of the City and the best use of
the land. Particular attention shall be given to the
arrangement, location and widths of streets, drainage and lot
sizes and arrangements.
B. The preliminary plat shall cover all of the owner's
contiguous landT-e~t as deemed necessary by the Andover Review
Committee in consideration of rural and urban differences, the
Zoning Ordinance and the Comprehensive Plan. The final plat
may cover only a portion of the preliminary plat provided it
is in conformity with the approved preliminary plat.
C. Where the parcel of land is subdivided into tracts larger
than required for building lots, such tracts shall be divided
so as to allow for the opening of streets and ultimate
extension of adjacent streets.
D. Unplatted portions of land (outlots) or private easements
controlling access to public ways shall not be approved within
the plat.
9.02 Street Plan.
A. The arrangement, character, extent, width, grade and
location of all streets shall conform to the Comprehensive
Plan, the approved standard street specifications, and all
applicable Ordinances, and all streets shall be considered in
their relation to existing and planned streets, to reasonable
circulation of traffic, to topographical convenience and
safety, and in their appropriate relation to the proposed uses
of the area to be served.
B. The arrangement of streets in new subdivision shall make
provision for the continuation of existing and future streets
in adjoining areas.
Page 11
'\ C. No preliminary plat shall be approved wherein lots front
) on the right-of-way of state, County, or City Arterial or
Collector roads. Such lots may front on service roads with
entrances to the above or at intervals of six hundred sixty
(660') feet for Arterials and three hundred thirty (330') feet
for Collectors.
9.03 streets.
A. Widths. All right-of-way and roadway widths shall conform
to the following minimum dimensions:
TYPICAL ROAD
WI\Y WIDTH-CURB
FACE TO CURB
FACE
CLASSIFICATION
RIGHT OF
WAY WIDTH
Arterial
Collector/Municipal State Aid
Minor (Urban) City Street
Minor (Rural) City Street
Cul-de-sac
Sei:'yiee
~imT-MiRei:'-S~i:'ee~
M~Riei~a~-Sta~e-Aia-S~i:'ee~
(10L, 1-17-89)
;!'GG 120 feet
66 feet
60 feet
60 feet
60 foot radius
4G-ieet
4G-iee~
66-ieet
Variable
Variable
32 feet
24 feet
93 foot radius
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€LASS;(F;(€AIp;(GN
R;(SHIp-GF-WA~
Reaaway-
w-~ai:'ltiR~
~6-iee~
4G-ieet
~6-iee~
;G-ieet-i:'aai~s
~6-ieet
~~-iee~
witAe~t
aiyiaea
~~
~6
;G
~6
~~
9iiiei:'eR~-wia~As-may-ee-i:'e~~ii:'ea Right-of-way and street widths
may vary depending upon anticipated traffic volume, planned
function of street and character of abutting land use.
B. Deflections. Where horizontal street lines deflect from
each other at any point more than ten (10) degrees, said
street centerlines shall be connected by a curve with a radius
of not less than two hundred (200') feet for minor streets and
of such greater radii in the case of other streets as the
Planning Commission may determine.
)
C. Grades. Streets grades shall not exceed seven (7~)
percent for minor and collector streets and four (4%) percent
for thoroughfares, and in no case shall they be less than 0.5
percent on streets with curb and gutter; or one (1%) percent
on minor rural city street sections. Grades within thirty
(30') feet of street intersections shall not exceed three (3%)
percent.
Page l2
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D. Vertical Curves. Different connecting street gradients
shall be connected with vertical curves. Minimum length, in
feet, of said vertical curves shall be twenty (20) times the
algebraic difference in the percentage of grade of the two (2)
adjacent slopes.
!
E. Street Jogs. street jogs in minor and service streets
shall have a centerline offset of not less than one hundred
fifty (150') feet. street jogs shall be avoided in all other
streets.
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F. Minor Streets. Minor streets shall be so aligned that
their use by through traffic will be discouraged.
G. Cul-de-sacs. The maximum length of cul-de-sac streets
shall be five hundred (500') feet measured along the
centerline from the intersection to the center of the cul-de-
sac area. Each cul-de-sac shall have a terminus of nearly
circular shape with a minimum right-of-way diameter of one
hundred twenty (120.0') feet and a minimum roadway diameter of
ninety-three (93.0') feet in the Urban Service Area and the
Rural Service Area. Temporary cul-de-sacs shall be required
in all new subdivisions to make provision for the continuation
of future streets for adjoining areas when the length of the
street exceeds two hundred ten (210.0') feet from the
centerline of the intersecting streets. Each temporary cul-
de-sac shall be required to have a minimum roadway diameter of
eighty (80.0') feet and constructed with bituminous curbing as
defined in the City standards. Adjacent property
owners/developers benefitting from the street continuation
shall be responsible for the removal of the temporary cul-de-
sacs and shall be required to replace the street in accordance
with current City requirements and standards. The property
line at the intersection of the turn around and the straight
portion of the street shall be rounded at a radius of not less
than twenty (20.0') feet. (10L, 1-17-89; lOS, 11-19-91; lOT,
2-04-92)
H. Service streets. In those instances where a subdivision
abuts or contains an existing or planned thoroughfare or a
railroad right-of-way, the Planning Commission may require a
service street approximately parallel to and on each side of
such right-of-way in order to provide protection to
residential properties and to provide separation of through
and local traffic. Such service streets shall be located at a
suitable distance from the thoroughfare or railroad right-of-
way in order to provide for park use of the intervening land
in residential districts, or to provide for commercial or
industrial use of the intervening land in commercial or
industrial districts. The requirements of approach grades and
future grade separations shall be considered in establishing
the separation distance between said service streets and the
thoroughfare or railroad right-of-way.
. )
I. Half Streets. Half streets shall be prohibited except
where necessary to complete the right-of-way of an existing
half street. (lOA, 9-10-74)
Page 13
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J. Reserve Strips. Reserve strips controlling access to
streets are prohibited.
K. Private Streets. Private streets shall not be approved.
All proposed streets shown on the plat shall be offered for
dedication as public streets.
L. Adjoining
planned so as
property.
Property.
to cause
street
hardship
rights-of-way shall not be
to owners of adjoining
M. Intersections. The angle formed by the intersection of
streets shall not be less than sixty (60) degrees, with ninety
(90) degree intersections preferred. Intersections of more
than four (4) corners are prohibited. Access to a street
shall be not less than sixty (60') feet from an intersection.
N. Boulevard Sodding. In subdivisions where sewer and water
is going to be installed four (4") inches of topsoil and
boulevard sodding shall be required. In others, four (4")
inches of topsoil shall be spread, aRe seeded and mulched.
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O. Tangent. A tangent of at least one hundred (100') feet in
length shall be introduced between reverse curves on
thoroughfare and collector streets, and a tangent of at least
fifty (50') feet in length shall be introduced between reverse
curves on all other streets except selected minor streets and
lanes.
P. Corners. Rights-of-way of street intersections shall be
rounded by a radius of not less than twenty (20') feet. (lOA,
9-10-74)
9.04 Easements.
A. utility. Easements at least twenty (20') feet wide,
centered on rear and side lot lines shall be provided for
utilities where required by the Platting Authority. utility
easements shall have continuity of alignment from block to
block and lot to lot. Easements may be required along lot
lines to rights-of-way so as to provide for street lighting.
B. Drainage. Where a subdivision is traversed by a water
course, drainage way or stream, a drainage easement conforming
substantially with the lines of such water course shall be
provided, with further width, as shall be adequate for storm
water drainage of the areas.
9.05 Blocks.
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A. Lengths. The maximum length of blocks shall be 1320 feet.
pedestrian ways at least ten (10') feet wide may be required
at the approximate center of blocks over six hundred sixty
(660') feet in length. provisions for additional accessways
to schools, parks, and other public grounds may be required.
B. Off-street
industrial, or
Areas. Blocks intended for commercial,
uses other than single family dwellings shall
Page 14
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)
be so designated to provide adequate off-street areas for
parking, loading, and such other facilities as shall be
required by the Zoning Ordinance of the City.
C. Width. All blocks shall be so designed to provide for two
(2) tiers of lots unless conditions exist to render this
requirement undesirable.
9.06 Lots.
A. Minimum Lot Size. The minimum lot area
shall be as specified in the respective zoning
the City Zoning Ordinance, and in addition,
standards shall apply:
and dimension
districts of
the following
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A1. Municipal Sanitary Sewer. In areas served by municipal
sanitary sewer systems, no lot shall contain less than
11,400 square feet nor have a width of less than eighty
(80') feet at the building setback line. Corner lots shall
be a minimum of one hundred (100') wide as measured at the
building setback line or ninety (90') feet wide for back to
back lots with a thirty-five (35') foot front setback,
except for two-family lots which shall be required to be one
hundred fifty (150%) percent of a single family minimum area
and width. Residential lots shall be required to have the
lowest floor to be a minimum of three (3') feet above
mottled soils or one (1') foot above the designated or
designed one hundred year flood elevation, whichever is
higher. Any subdivision, lot split or replatting of
existing developments shall be required to meet the
standards of the original development or to ~eet the average
size of the existing lots. On continuing streets where
houses were constructed prior to the adoption of Ordinance
10H, adopted AprilS, 1983, the setback shall be thirty-five
(35') feet unless the existing structures would indicate a
lesser setback to maintain uniformity in R-2, R-3 and R-4
districts. (10C, 10-17-78; 10H, 4-05-83; 10I, 10-02-84;
lOT, 2-04-92; lOw, 3-16-93)
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A2. Areas Lacking Municipal Sanitary Sewer Within the Urban
Service Area. In areas lacking municipal sanitary sewer
within the Metropolitan Urban Service Area, no lot shall be
developed for residential purposes unless it contains a
minimum of 39,000 square feet of contiguous land with
minimum width of at least one hundred fifty (150') feet and
minimum depth of one hundred fifty (150') feet and has a
frontage of at least one hundred sixty-five (165') feet at
the building set-back line. Said lot shall be required to
have a minimum finished grade of at least six and one-half
(6.5') feet above the seasonal high water mark and shall
also require the lowest floor to be a minimum of three (3')
feet above the mottled soils or one (1') foot above the
designated or designed one hundred year flood elevation,
whichever is higher. The preliminary plat shall show a
feasible plan for future re-subdivision by which lots may be
re-subdivided to meet the size and dimension standards of
lots in ares served by public water and sanitary sewer
systems. (IOC, 10-17-78; 10M, 3-07-89; lOT, 2-04-92)
Page 15
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A3. Areas Lacking Municipal sanitary Sewer Outside the
Metropolitan Urban Service Area. In areas which are not
served by municipal sanitary sewer and outside the
Metropolitan Urban Service Area, no residential lot shall be
developed for residential purposes unless it contains a
minimum of 108,900 square feet, of which 39,000 square feet
of contiguous land area is buildable with a minimum width of
at least one-hundred fifty (150') feet and a minimum depth
of one-hundred fifty (150') feet. Said lot shall be required
to have a finished grade of at least six and one-half (6.5')
feet above the seasonal high water mark and shall also
require the lowest floor to be a minimum of three (3') feet
above the mottled soils or one (1') foot above the
designated or designed one hundred (100) year flood
elevation whichever is higher. Said lot shall also have a
width of at least three hundred (300') feet at the building
setback line. For lots which abutt a cul-de-sac, the lot
width at the setback line is to be a minimum of one hundred
sixty (l60') feet. Two lots maximum are allowed at the end
of each cul-de-sac regarding the lot width. The preliminary
plat shall show a feasible plan for future re-subdivision by
which lots may be re-subdivided to meet the size and
dimension standards of lots in areas served by municipal
sewer. These provisions shall not apply to plats approved
by the City prior to October 17, 1978. (10C, 10-17-78~ 10M,
3-07-89~ lOR, 8-07-90~ lOS, 11-19-91)
,
B. Location. All lots shall have at least the minimum
required frontage on a publicly dedicated street.
J
C.
(10' )
three
line.
Corner Lots. Corner lots shall
feet wider than interior lots on
hundred (300') feet in width
(10C, 10-17-78~ 10M, 3-07-89)
be platted at least ten
all lots of less than
at the building setback
D. Butt Lots. The use of butt lots shall be avoided wherever
possible.
E. Water Courses. Lots abutting upon a water course,
drainage way, or stream shall have such additional depth or
width as may be required to protect house sites from flooding
and shall be subject to restrictions of the Department of
Natural Resources and U.S. Corps of Engineers.
F. Double Frontage. Lots with frontage on two (2) parallel
streets shall not be permitted except where lots back on
arterial streets or highways. Double frontage lots shall have
an additional depth for screen planting along the rear lot
line of +~GL+ twenty (20') feet.
\
G. Access to Thoroughfares. In those instances where a plat
is adjacent to a limited access highway or other major highway
or thoroughfare, no direct vehicular access shall be permitted
from individual lots to such highway.
H. Natural Features. In the subdividing of land, regard
shall be shown for all natural features, including tree
growth, water courses, historic places and similar amenities
Page 16
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of the area, which if preserved will add attractiveness and
stability to the area.
I. Lot Remnants. Lot remnants which are below minimum lot
area or dimension must be added to adjacent or surrounding
lots rather than be allowed to remain as an unusable outlot or
parcel.
9.07 Parks, Playgrounds, Open Space and Public Uses.
74)
(lOA, 9-13-
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9.07.1 Lands of Public Use or Other Provisions. Pursuant to
Minnesota Statute, Chapter 462.358, as amended, the City Council
of the City of Andover shall require all owners or developers, as
a prerequisite to approval of a plat, subdivision or development
of land, to convey to the City or dedicate to the public use, for
park or playground purposes, a reasonable portion of the area
being platted, subdivided or developed as hereinafter specified.
Said portion to be approved and acceptable to the City or in lieu
thereof, the owners or developers shall, at the option of the
City, pay to the City for the use in the acquisition of public
parks, open space and playgrounds, development of existing public
park and playground sites, and debt retirement in connection with
land previously required for public parks and playgrounds, an
equivalent amount in cash based upon the undeveloped land value of
that portion of said land that would have otherwise been required
to be dedicated. The form of contribution (cash or land) shall be
decided by the City based upon need and conformance with approved
City plans.
9.07.2 Dedicated Land Requirements. Any land to be dedicated as
a requirement of this section shall be reasonably adaptable for
use for active park and recreation purposes and shall be at a
location convenient to the people to be served. Factors used in
evaluating the adequacy of proposed park and recreation areas
shall include size, shape, topography, geology, tree cover, access
and location.
9.07.3 Standards for Determination. The Park and Recreation
Commission shall recommend to the City Council adoption of the
Comprehensive Park Development Plan for determining what portion
of each such development should reasonably be required to be so
conveyed or dedicated. Such Comprehensive Park Development Plan
may take into consideration the zoning classification assigned to
the land to be developed, the particular proposed use for such
land, amenities to be provided and factors of density and site
development as proposed by the owners or developers. The Park and
Recreation Commission shall further recommend changes and
amendments to the Comprehensive Park Development Plan to reflect
changes in the usage of land which may occur, changes in zoning
classifications and concepts and changes in planning and
development concepts that relate to the development and usages to
which the land may be put.
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9.07.4 Park and Recreation
and Recreation Commission
City Council the total area
Commission feels should
Commission Recommendation. The Park
shall, in each case, recommend to the
and location of such land that the
be so conveyed or dedicated within the
,
Page 17
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development for park, playground, open space and public use
purposes.
9.07.5 Cash Contribution in Lieu of Lands. In those instances
where a cash contribution is to be made by the owners or
developers in lieu of a conveyance or dedication of land for park,
playground, open space or public use purposes, the Park and
Recreation Commission shall recommend to the City Council the
amount of cash said Commission feels should be so contributed.
Such recommendation shall be based on the market value of the
undeveloped land that would otherwise have been conveyed or
dedicated.
9.07.6 Market Value of Lands. "Market Value", for the purposes
of this Ordinance shall be determined as of the time of the final
plat without improvements in accordance with the following:
i
A. The Park and Recreation Commission and
developers may recommend as to market value.
B. The City Council, after reviewing the Park and Recreation
Commission's recommendation, may agree with the owner or
developer as to the market value. If agreement is not reached
in this manner, then the market value shall be determined by
an accredited appraiser chosen by the Park and Recreation
Commission, at the expense of the owner or developer. Such
appraisal shall be accepted by the City Council and the owner
or developer as being an accurate appraisal of "market value".
(lON, 3-07-89)
owners
or
9.07.7 Density and Open Space Requirements. Land area so
conveyed or dedicated for park, open space and playground purposes
may not be used by an owner or developer as an allowance for
purposes of calculating the density requirements of the
development as set out in the City Zoning Ordinance. The land
shall be in addition to, (except for 9.07.8), and not in lieu of,
open space requirements for Planned Unit Developments pursuant to
the City Zoning Ordinance.
9.07.8 Credit for Private Open Space. Where private open space
for park and recreation purposes is provided in a proposed non-
residential development and such space is to be privately owned
and maintained by the owner of that non-residential development,
such areas may be used for credit at the discretion of the City
Council against the requirement of dedication for park and
recreation purposes, provided the City Council finds it is in the
public interest to do so and that the following standards are met:
,
A. That yards, court areas, setbacks and open space required
to be maintained by City Ordinances shall not be included in
the computation of such private open space;
B. That the private ownership and maintenance of the open
space is adequately provided for by written agreement;
C. That the private open space is restricted for park and
recreation purpose by recorded covenants which run with the
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Page 18
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land in favor of the owners of the property within the non-
residential development and which cannot be eliminated without
the consent of the City Council;
D. That the proposed private open space is reasonably
adaptable for use for park and recreational purposes, taking
into consideration such factors as size, shape, topography,
geology, access and location of the private open space;
E. That facilities proposed
substantial accordance with the
element of the Comprehensive
City Council and;
F. That where such credit is granted, the amount of credit
shall not exceed one hundred (100%) percent for the non-
residential development of the amount calculated under Section
9.07.10.
for the open space are in
provisions of the recreational
Plan, and are approved by the
9.07.9 Park and Recreation Commission Administrative Procedures.
The Park and Recreation Commission shall establish such
administrative procedures as they may deem necessary and required
to implement the provisions of this Ordinance.
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9.07.10 Dedicated
the City of Andover
park, open space
percentage of gross
Land, Minimum Area. Developers of land within
shall be required to dedicate to the City for
and playground purposes as a minimum that
land area as set out below:
A. Residential
Dwelling units/Acre
(Gross Density)
Requirement
0-3
10%
Over 3
Add two (2%) percent to
dedication requirements
for each additional
dwelling unit over three
(3) units per gross
density.
B. Commercial-Industrial
(lOD, 8-07-79)
10%
Notwithstanding the foregoing for all subdivisions by metes and
bounds description the subdivider or developer may elect to pay in
lieu of the above-mentioned park dedication requirements the sum
of Four Hundred ($400.00) Dollars for each dwelling unit that
could be constructed upon the proposed subdivided property. In
the event that developer elects to pay said Four Hundred ($400.00)
Dollar charge, the City may collect additional park fees in the
event developer re-subdivides the property in the future. Such
future park fees shall be based upon the percentage schedule set
out herein; however, developer shall receive a credit for the per
unit paid previously. (10D, 8-07-79; 10Q, 7-03-90)
Page 19
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9.07.11 Metes and Bounds Lot Splits. The Park
Commission may recommend cash payment in lieu
metes and bounds lot splits less than twenty (20
size. The amount shall be determined through
outlined in Section 9.07.05. (lOP, 12-19-89)
SECTION 10. CONSTRUCTION OF IMPROVEMENTS.
and Recreation
of park land on
a.) acres in
the same process
:
10.01 General Conditions. Upon receipt of preliminary plat
approval by the Council and prior to Council approval of the final
plat, the subdivider shall make provision, in the manner
hereinafter set forth, for the installation, at the sole expense
of the subdivider, of such improvements as shall be required by
the City, which improvements may include, but are not limited to,
streets, sidewalks, public water systems, sanitary sewer systems,
surface and storm drainage systems, and public utility services.
The installation of said improvements shall be in conformity with
approved construction plans and specifications and all applicable
standards and Ordinances.
'\
10.02 Pef~efmaBee Development Contract. Prior to the
installation of any required improvements and prior to approval of
the final plat, the subdivider shall enter into a contract with
the City which contract shall require the subdivider to construct
said improvements at the sole expense of the subdivider and in
accordance with approved construction plans and specifications and
all applicable standards and Ordinances. Said contract shall
provide for the supervision of construction by the Engineer; and
said contract shall require that the City be reimbursed for all
costs incurred by the City for engineering and legal fees and
other expenses in connection with the making of such improvements.
The performance of said contract shall be financially secured by a
cash escrow deposit or performance bond as hereinafter set forth.
10.03 Financial Security. The ~effefmaBee development contract
shall require the subdivider to make a cash escrow deposit or in
lieu thereof to furnish a performance bond in the following
amounts and upon the following conditions:
A. Escrow Deposit. The subdivider shall deposit with the
Treasurer a cash amount equal to one hundred fifty (150%)
percent of the total cost of such improvements as estimated by
the Engineer, including the estimated expenses of the City for
engineering and legal fees and other expenses incurred by the
City in connection with the making of such improvements.
(lOA, 9-10-74)
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B. Performance Bond. In lieu of a cash escrow deposit, the
subdivider may furnish a performance bond, with a corporate
surety satisfactory to the City in a sum equal to one hundred
fifty (150%) percent of the total cost of such improvements as
estimated by the Engineer, including the estimated expense of
the City for engineering and legal fees and other expenses
incurred by the City in connection with the making of such
improvements. (lOA, 9-10-74)
C. Conditions. The performance contract shall provide for a
completion date on which all of the required improvements
Page 20
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)
shall be fully installed, completed and accepted by the City.
The completion date shall be determined by the Council after
consultation with the Engineer and the subdivider, and shall
be reasonable in relation to the construction to be performed,
the seasons of the year and proper correlation with
construction activities in the subdivision. The performance
contract shall provide that in the event the required
improvements are not completed within the time allotted, the
City shall be allowed to exercise its power to recover on the
performance bond or utilize the escrow deposit to complete the
remaining construction to City standards and specifications.
In the event the amount of funds recovered is insufficient to
cover the cost of construction, the Council may assess the
remaining cost to the lands within the subdivision.
10.04 Construction Plans. Construction plans and specifications
for the required improvements conforming in all respects with the
standards and Ordinances of the City shall be prepared at the
expense of the subdivider by a Professional Engineer registered by
the State of Minnesota. Such plans and specifications shall be
approved by the Engineer and shall become a part of the
performance contract. Two (2) prints of said plans and
specifications shall be filed with the Clerk.
10.05 Inspection. All required improvements shall be inspected
during the course of construction by the Engineer and acceptance
of said improvements by the City shall require the prior written
certification by the Engineer that said improvements have been
constructed in compliance with the plans and specifications.
10.06 Prior Improvements. Improvements which have been completed
prior to application for final plat approval or execution of the
performance contract shall be accepted as equivalent improvements
provided the Engineer shall certify in writing that said
improvements conform to City standards.
\
10.07 As BHil~ Constructed Plans. Upon completion of
installation of all required improvements, the subdivider shall
file with the Clerk a reproducable tracing and two (2) copies of
plans and specifications showing all improvements as finally
constructed and installed.
10.08 Street Improvement Standards.
A. With Municipal Sanitary Sewer and/or Water (10C, 10-17-
78)
1. Grading. The full width of the right-of-way of each
street shall be graded, including the subgrade of the
areas to be paved, in accordance with the standards and
specifications which have been adopted by resolution of
the City Council.
2. Paving. All streets shall be paved with concrete or
bituminous surfacing in accordance with the standards and
specifications which have been adopted by resolution of
the City Council.
Page 21
\
/
3. Sodding. The portion of the street right-of-way
beyond the paved surface shall receive four (4") inches
of approved topsoil and shall be sodded.
4. Curb and Gutter.
installed on both sides
streets except lanes.
Concrete curb and gutter shall be
of the paved surface of all
5. Private Driveways. All private driveways providing
access to public right-of-way sRa~~-a~pfeaeR-at-~~aee-
~eve~ shall be hard surfaced, and if serving-two (2)
adjoining lots abutting the public right-of-way shall be
of a width designated by the City.
6. Street Signs. Street signs of a design approved by
the City shall be installed at each street intersection.
7. Screen
Authori ty.
planting
as required by the Platting
B.
Subdivisions Without Municipal Sanitary Sewer and/or Water
(lOC, 10-17-78)
'\
)
1. Grading. The full width of the right-of-way of each
street shall be graded, including the subgrade,
ei-tRe-afeas-te-ee-paveeT in accordance with the standards
and specifications which have been adopted by resolution
of the City Council.
2. Temporary road surface and dust coat as shown in City
Standards.
3. Topsoil and sod or seeding consisting of a minimum of
four (4") inches of topsoil with ie~f-f4#+--~e~Res-ei-
seee-~ef-*TGGG-s~T-itT the appropriate seed mixture and
application rate as required in the City standards.
seee-sRa~~-ee-e~~iva~eRt-te-MTHT9T-Mi*t~fe_NeT_*ST
4. Driveways Reee-te-ee-Rafe-s~fiaeee shall be hard
surfaced from the property line to the street.
5. Street Signs. Street signs of a design approved by
the City shall be installed at each street intersection.
6. Screen planting as required by the Platting Authority.
10.09 Drainage Facilities. Storm sewers, culverts and water
drainage facilities shall be required when in the opinion of the
Engineer such facilities are necessary to insure adequate drainage
for the area. All such drainage facilities shall be constructed
in accordance with standards and specifications established by the
City. Drainage facilities shall be provided to convey surface
water to publicly owned or controlled drainage facilities. (lOA,
9-10-74)
)
10.10 Subsurface Conditions. The subdivider shall cause tests to
be made of subsurface conditions to determine the nature and
Page 22
'\ extent of subsurface soil, rock and water. The location and
/ results of said tests shall be made available to the City.
10.11 Water and Sanitary Sewer Systems. Where connection with
the City water and sanitary sewer systems is deemed feasible by
the Council, the subdivder shall be required to install water and
sanitary sewer mains and services in the subdivision in addition
to permanent streets.
10.12 Sidewalks and Pedestrian
pedestrian ways are required by the
surfaced in accordance with City
approved by the Engineer. Sidewalks
right-of-way one (1) foot from the
least five (5') feet wide.
10.13 Public utilities.
Ways. Where sidewalks and
City, they shall be ha~d
Standards. Grades shall be
shall be placed in the public
property line and shall be at
)
A. Underground utilities. All telephone, electric and gas
serv~ce lines shall be placed underground within dedicated
public ways or recorded easements in such manner as not to
conflict with other underground services and in accordance
with City standards. All underground installation of service
lines within street rights-of-way shall be completed prior to
street surfacing. Upon completion of the installation of
underground service lines in dedicated public ways, a tracing
and two (2) copies of plans and specifications showing the
completed installation shall be filed with the Clerk.
B. Utility Poles. All utility poles, except those providing
street lighting, shall be placed in rear lot line easements.
C. Easements. All underground utility service lines,
including water, drainage and sanitary sewer systems, which
traverse private property shall be installed within recorded
easements.
10.14 Non-Conformance. Any non-conformance with the standards
and Ordinances of the City iR-~he-iRs~alla~ieR-sf-~he-~e~~i~ee-
iffi~~eveffieR~s in the development of property by the subdivider or
his their agents shall be cause for the Engineer or the
Administrator to order cessation of all construction within the
subdivision. In such event, no further construction shall be
allowed until written authorization is obtained from the City.
SECTION 11. FINAL PLAT.
11.01 Procedure. Prior to Council approval of a final plat, the
following procedures shall be followed:
\
I
A. Filing of Final Plat. Within one (1) year following
approval of the preliminary plat, unless an extension of tine
is requested in writing by the subdivider and granted by the
Council, the subdivider shall file seveR-f++ ten (10) copies
of the final plat with the Clerk and shall pay a filing fee
therefor as set by Council resolution. The final plat shall
incorporate all changes required by the Council, and in all
other respects it shall conform to the preliminary plat as
Page 23
\
)
approved. If the final plat is not filed within one (1) year
following approval of the preliminary plat, the approval of
the preliminary plat shall be considered void. The final plat
may constitute only that portion of the preliminary plat which
the subdivider proposes to record and develop at that time,
provided that such portion shall conform to all requirements
of this Ordinance, and provided further that the remaining
portion or portions of the preliminary plat not proposed to be
recorded, developed and submitted as a final plat, or granted
an extension, shall be subject to the right of the City to
adopt new or revised platting and subdivision regulations.
(lOA, 9-10-74; 10J, 2-18-86; lOS, ll-19-9l)
B. Filing of Abstract. At the time of filing the final plat
with the Clerk, the subdivider shall also file with said Clerk
an abstract of title or registered property abstract,
certified to date, evidencing ownership of the premises
involved in the plat.
C. Reference. The Clerk shall refer copies of the final plat
to the Engineer, and shall refer the abstract to the Attorney
for their examination and report.
I
D. Reports. The Engineer and Attorney shall submit the~r
reports to the Council within fifteen (15) days after the
filing of the final plat. The Engineer shall state whether
the final plat and the improvements conform to the engineering
and design standards and specifications of the City. The
Attorney shall State his opinion as to the title of the
premises involved.
E. Fees. The subdivider shall pay the fees of the Engineer
and Attorney for their services and reports rendered in
connection with the final plat.
F. Compliance with Law.
accordance with all
Ordinances.
The final plat shall be prepared in
applicable State laws and County
\
11.02 Council Action. The Council shall act on the final plat
within sixty (60) days of the date on which it was filed with the
Clerk. The final plat shall not be approved if it does not
conform to the preliminary plat including all changes required by
the Council, or does not meet the engineering and design standards
and specifications of the City.
11.03 Recording. Following approval of the final plat by the
Council, the Clerk shall promptly notify the subdivider of said
approval and within thirty (30) days thereafter, the final pl~t
shall be recorded with the County Recorder of Anoka County. The
subdivider shall forthwith furnish the Clerk with a tracing and
three (3) copies of the final plat as recorded, showing evidence
of the recording on said copies. Failure of the subdivider to
comply with the requirement of recording shall be cause for
rescission of approval.
Page 24
\ 11.04 Required Final Plat Data. It shall be a condition to the
J approval of a final plat that the following data shall be shown on
said plat or shall be furnished therewith:
A. Municipal, township, County or section lines accurately
tied to the boundaries of the subdivision by distances and
angles.
B. Accurate angular and lineal dimensions for all lines,
angles and curvatures used to describe boundaries, streets,
easements, areas reserved for public use, and other important
features shall be shown. Complete curve data shall be shown,
including radii, internal angles, points and curvatures,
tangent bearings, and lengths of all arcs. Dimensions of lot
lines shall be shown in feet and hundredths of feet. No ditto
work shall be permitted in indicating dimension.
C. Official monuments as designated and adopted by the
Surveyor and approved by the District Court for
judicial monuments shall be set at each corner or angle
outside boundary of the final plat. Location and ties
monuments shall be shown.
County
use as
of the
of all
D. Pipes or steel rods shall be placed at each corner of each
lot and the location thereof shall be shown.
\
J
E. An identification system for all lots and blocks shall be
shown.
F. Streets shall be named and all names shall be shown. A
sequence of street naming shall be followed consistent with
the pattern that has been established in the area.
G. In the event the final plat is a re-plat of an earlier
subdivision, the original platting of the subdivision shall be
shown and identified by dotted lines.
H. Judicial and County ditches shall be shown by dimensions
and angles as determined from County records.
I. Low land and water areas shall be indicated by an
identification symbol.
J. The maximum high water level as defined in the Department
of Natural Resources' Statewide Standards and Criteria for
Management of Shoreland Areas of Minnesota.
K. All utility and drainage easements, and the dimensions
thereof, shall be shown.
)
,
L. The names and platting of adjoining subdivisions shall be
shown and identified by dotted lines to a distance of one
hundred (100') feet from the boundaries of the subdivision
under consideration. Lot, block and street arrangements of
such adjoining subdivisions shall be shown. Where adjacent
land is unplatted, it shall be so indicated.
Page 25
,
M. Before any residential plat may be approved and before any
permit may be issued for a residence therein, the subdivider
shall first present competent proof that the natural ground
water level at all times in said subdivision is not less than
three (3') feet below the level of the lowest oortion of the
proposed structure, or that a satisfactory system of ground
water control will be constructed as an integral part of the
proposed residential subdivision.
~/
SECTION 12. REGISTERED LAND SURVEYS. The provisions of th~s
Ordinance shall apply to all registered land surveys within the
City, and the standards, regulations and procedures hereof shall
govern the subdivision of land by registered land survey.
Building permits shall be withheld on tracts which have been
subdivided by unapproved registered land surveys; and the City
shall decline to accept tracts as streets or roads or to improve,
repair or maintain such tracts within an unapproved registered
land survey.
~
J
SECTION 13. EASEMENTS. Prior to the submission of a final plat,
registered land surveyor land subdivision to the Council for
approval, the subdivider shall furnish the City with all easements
for utilities, drainage, street rights-of-way, surface water
ponding, and such other public uses as shall be found to be
necessary, convenient or desirable by the City. Said easements
shall be in proper form for recording in the Office of the
Recorder of Anoka County. Duplicate certificates of title shall
be made available for the filing of easements on registered land.
No final plat shall be approved by the Council until there has
been full compliance with this section.
SECTION 14. RESTRICTIONS ON FILING AND RECORDING CONVEYANCES.
14.01 Restrictions on Filing and Recording. No conveyance of
land to which the regulations are applicable shall be filed or
recorded, if the land is described in the conveyance by metes and
bounds or by reference to an unapproved registered land survey
made after April 21, 1961 or to an unapproved plat made after such
regulations become effective. The foregoing provision does not
apply to a conveyance if the land described (lOA, 9-10-74):
A. Was a separate parcel of record April 1, 1945 or the date
of adoption of subdivision regulations under Laws 1945,
Chapter 287, whichever is the later, or of the adoption of
subdivision regulations pursuant to a home rule charter, or
B. Was the subject of a written agreement to convey entered
into prior to such time,
\
)
C. Was a separate parcel of not less than two and one-half (2
1/2 a.) acres in area and one hundred fifty (150') feet in
width on January 1, 1966 or is a single parcel of land not
less than five (5 a.) acres in area and having a width of not
less than three hundred (300') feet. (lOA, 9-13-74; lOB, 10-
05-76)
In any case in which compliance with the foregoing restrictions
will create an unnecessary hardship and failure to comply does not
Page 26
\
I
\ interfere with the purpose of the subdivision regulations, the
I platting authority may waive such compliance by adoption of a
resolution to that effect and the conveyance may then be filed or
recorded. Any owner or agent of the owner of land who conveys a
lot or parcel in violation of the provisions of this subdivision
shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished as defined by state Law. A rounicipality may
enjoin such conveyance or may recover such penalty by a civil
action in any court of competent jurisdiction.
When a property owner, either residential or commercial, wishes to
move interior lot lines and by doing so does not create any
additional buildable lots by moving said property lines, and the
moving of said property lines does not create any lot which is
below the standards for the applicable zoning district in which it
lies, such new property descriptions may be approved by the Zoning
Administrator if the resulting configuration will have no adverse
effects on surrounding property. Should the Zoning Administrator
determine the moving of interior lot lines may have an adverse
effect on either adjoining property or may circumvent other
applicable zoning restrictions, the Administrator then shall
require the request be processed in the normal manner as a
variance to Ordinance 10, the Subdivision Ordinance, by both the
Planning Commission and the City Council. Any lot so realigned
shall be accompanied by a Certificate of Survey. (lOR, 8-5-86)
14.02 Hardship. In any case in which compliance with the
foregoing restrictions will create an unnecessary hardship and
failure to comply does not interfere with the purpose of this
Ordinance, the Council may waive such compliance by adoption of a
resolution to that effect and the conveyance may then be filed or
recorded.
14.03 Penalty. Any owner or agent of the owner of land who
conveys a lot or parcel in violation of the provisions of this
section shall forfeit and pay to the City a penalty of not less
than $100 for each lot or parcel so conveyed. The City may enjoin
such conveyance or may recover such penalty by a civil action in
any court of competent jurisdiction.
SECTION 15. PI.ATS PREVIOUSLY APPROVED. All preliminary or final
plats, registered land surveys, or other subdivisions of land
approved by the City Council but not filed with the County
Recorder of Anoka County under previous Ordinances shall not be
subject to requirements of this Ordinance, provided said
subdivision is filed within six (6) months of the effective date
of this Ordinance.
SECTION 16. PERMITS.
\
!
16.01 Improvements. All electric and gas districution lines or
piping, roadways, walks and other similar improvements shall be
constructed only on a street, or other public way or easement
which is designated on an approved plat, or properly indicated on
the official map of the City, or which has otherwise been approved
by the Council.
Page 27
\ 16.02 Access. No permit for the erection of any building shall
/ be issued unless such building is to be located upon a parcel of
land abutting a public street right-of-way which has been accepted
and is currently maintained by the city, or which has otherwise
been approved by the City Council. This limitation on issuing
permits shall not apply to planned unit developments approved by
the City Council pursuant to the Zoning Ordinance. (10E, 2-19-80)
16.03 Limitations. No building permit shall be issued for the
erection of any building on any land conveyed in violation of the
provisions of this Ordinance. No permit shall be issued for the
erection of any building on any tract of land described by metes
and bounds and consisting of less than five (a.) acres and having
a width of less than three hundred (300') feet. (10C, 10-17-78)
SECTION 17. VARIANCES.
17.01 Hardship. The Council may grant a variance from the
requirements of this Ordinance as to specific tracts of land where
it is shown that by reason of topography or other physical
conditions strict compliance with these requirements could cause
an exceptional and undue hardship to the enjoyment of a
substantial property right; provided, that a variance may be
granted only if the variance does not adversely affect the
adjacent property owners and Comprehensive Development Plan or the
spirit and intent of this Ordinance. (10C, 10-17-78)
,
I
17.02 Procedure. Written application for a variance shall lIe
filed with the Clerk, and shall state fully all facts relied upon
by the applicant. The application shall be supplemented with
maps, plans or other data which may aid in an analysis of the
matter. The application shall be referred to the Planning
Commission for its recommendation and report to the Council.
17.03 Council Action. No variance shall be granted by the
Council unless it shall have received the affirmative vote of a
majority of the full Council.
SECTION 18. VIOLATION AND PENALTY. Any person, firm or
corporation violating any of the provlslons of this Ordinance
shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished as defined by state Law. (lOC, lO-17-78)
The platting, replatting, subdividing or conveyance of land not in
accordance with the requirements of this Ordinance may be enforced
by mandamus, injunction, or any other appropriate remedy in any
court of competent jurisdiction.
\
)
,
SECTION 19.
conflict with
repealed.
SECTION 20. EFFECTIVE DATE. This Ordinance shall take effect and
be in force from and after its passage and publication.
REPEAL. All Ordinances
the provisions of this
or portions thereof ~n
Ordinan=e are herehy
Page 28
\ Passed by the Council this 15th day of February, 1972.
/
Lou Appleby
CHAIRMAN
ATTEST:
Mary L. West
CLERK
Amended thru lOW, 3-16-93
,
/
'\
Page 29
--
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
DECEMBER 6,1994
AGENDA SECTION
t-n NO,tJ-DISCUSSION I CONSENT ITEMS
ITEM
I'D.
AUTHORIZATION TO HIRE PUBLIC WORKS
/ttR. PERSONEL
ORIGINATING DEPARTMENT APPROVED
FRANK O. STONE FOR AGENDA
PUBLIC WORKS SUPERINTENDEI\
(8J ~0
I WOULD LIKE AUTHORIZATION TO BEGIN THE SELECTION OF TWO PUBLIC WORKS
EMPLOYEES. THIS HIRING PROCESS TAKES ABOUT A MONTH OR MORE TO
COMPLETE AND THE EARLIER THESE POSITIONS ARE FILLED THE BETTER OUR
SERVICES WILL BE.
THE MONIES FOR THESE POSITIONS ARE INCLUDED IN OUR 1995 BUDGET.
ONE POSITION IS IN THE, STREETS & HIGHWAYS DEPARTMENT AND THE SECOND
, POSITION IS IN THE WATER & SEWER DEPARTMENT. TWENTY PERCENT OF THESE
/
PEOPLE WILL BE DESIGNATED FOR SNOW & ICE REMOVAL AND WE NEED HELP HERE
NOW!
THE THIRD POSITION IS IN THE PARKS DEPARTMENT, WHICH WE WILL NOT FILL UNTIL
APRIL 1995. I WON'T MAKE ANY SELECTIONS FOR THIS POSITION UNTIL MARCH 1995.
MOTION BY:
,
;
I _/
TO:
-,
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
December 6, 1994
Non-Discussion/Consent Item
Dick Fursman,
AdministratiJn
APPROVED
FOR AGENDA
AGENDA
I'D.
SECTION
ORIGINATING DEPARTMENT
ITEM
I'D.
BY:
Approval of Fire Chief
Advertisement
J.3.
The Personnel Committee will be meeting on the timetaJle for
hiring a full-time chief one hour before the Council neeting.
The ordinance changes, duties and advertisement will Je examined
and discussed at the Council meeting.
MOTION BY:
SECOND BY:
TO:
CITY OF ANDOVER
, j
REQUEST FOR COUNCIL ACTION
DATE December 6. 1994
Release Escrows/Timber Meadows
Todd J. Haas,
Engineedng~
APPROVED
FOR AGENDA
AGENDA
t-n
SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
ITEM
I'D.
BY~
/-Y,
The City Council is requested to reduce the escrows for
Woodland Development Co. as requested for Timber Meadows.
Cash Amount Reduce
Escrow Available To
Reduction
Woodland Development $11,383.50 $11,383.50 0
Co. (Escrow for
Developers Improvements,
Signs, Legal Fees, etc.)
A final inspection has been made by Engineering and Public Works
and the project is now complete.
$11,383.50
We are recommending all escrows be returned.
Note: Tulip Street on the west side of the project is proposed
to be constructed in 1995. The boulevard along both sides
will need regrading and trees most likely need to be
removed. Woodland Development is well aware of the
proposed construction.
MOTION BY: SECOND BY:
TO:
)
November 3, 1994
Todd Haas
Assistant City Engineer
CITY OF ANDOVER
1685 N.W. Crosstown Boulevard
Andover, Minnesota 55304
,
/
Dear Mr. Haas,
~,f;rJ;'. ,
-.,....,.n.7~ i"
"_._~j
NOV 7
~/7' 1~~4
Y vr
.1--1: v- ,(
.~ ~'VER
I am formally requesting a release of my warranty escrow for Timber
Meadows. This plat has exceeded the one year warranty limit and I
have completed the requests made by you and Frank stone in the summer
of 1994. I have been waiting for Brian to confirm everything but
since I have not heard from him, I assume everything is fine. I ask
this be placed on the Council agenda as soon as possible.
t;:D'LJ,~~
Bvr~ D. Westlund
vice President
BDW: jah
,
J
830 West Main Street
Anoka. Minnesota 55303
(612) 427-7500
FAX: (612) 427-0192
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 6. 1994
AGENDA
I'D.
SECTION
ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Todd J. Haas,
Enginee'ing~
APPROVED
FOR AGENDA
ITEM
I'D.
Request for Extension/Timber
Meadows 2nd Addition
BY~
/5.
The City Council is requested to review and approve the request
for extension of the development contract for Timber Meadows 2nd
Addition.
The Engineering and Public Works departments recently made a
final inspection at the request of Woodland Development Co.
Based on the final inspection performed by staff, the work is
not yet completed.
The development contract did require all work to be done by
August 30, 1994. The work that remains will have to be performed
in the spring of 1995.
We do recommend extending the completion date to June 9, 1995
with no extension beyond this date.
MOTION BY:
SECOND BY:
TO:
'\
)
n."".........
JH:. t' :, ,F:::" rr- '1'>.
. . ,~
. ~.
Nov 1 f) 1994
enl '" ,
~~
November l4, 1994
Todd Haas
Assistant City Engineer
CITY OF ANDOVER
1685 N.W. Crosstown Boulevard
Andover, Minnesota 55304
Dear Todd,
I am hereby requesting extension of my development contract for
Timber Meadows Second Addition. Our discussion on Thursday,
November 10 revealed the following items to be completed.
1) All of the storm water retention ponds need to be corrected,
seeded and mulched.
2) The area where the cable concrete is sagging needs to be
lifted up. You indicated to me that the specs may be changing
and to wait to do this until the following construction season.
If you do change the specs, please advise me as I may elect to
make the change instead of correcting the existing cable
concrete.
It is also my understanding at this discussion that the release of
the Timber Meadows warranty escrow would go to the next council
agenda.
Thank you for your assistance in this matter. If you have any
questions or concerns, please feel free to call me at 427-7500.
Sincerely,
~J$j~
Byron D. Westlund CJ1'
Vice President
, BDW:jah
,
830 West Main Street
Anoka, Minnesota 55303
(6]2) 427-7500
FAX: (6]2) 427-0]92
J.
The Developer shall make provision that all gas, telephone and
electric utilities shall be installed to serve the development.
K.
Cost of Developer's Improvements, description and completion
dates are as follows:
"
Description of Improvements
Estimated Cost
Date to be Completed
1. Site Grading and Erosion Control. $
500.00
:;r...",... "I, 1'I'lS-
Al1g1:l3t 3D, 1934
2. Street Maintenance. $
3. Street Construction $]
Curb Restoration 1500.00
4. Storm Sewer Construction. $
5. Lot Stakes. $ --------
6. Diseased Tree Removal. $ --------
7. Tree Removal Along Tulip $ 2500.00
8.
,
"
/
Total Estimated Construction Cost
for Developer's Improvements $ 4500.00
~....."e q) I'VIS""
t.Hg\:l.St. 30, 1994
XlA>\e... 9, IqqS-
A1.IgYlOt ]0, 19J4
:......e. q, 1"i'fS""
Ayg1.lst ]g, I 99~
::>.......,€.,..'t, 1'I9~
...;\H~~~t JO, ]99(,
Estimated Legal, Engineering and
Administrative Fee t-3frO;&) $ 675.00
15%
Total Estimated Cost of Developer $ 5175.00
Improvements
Security Requirement (150%) $ 7762.00 .
L. Construction of Developer's Improvements:
1. Construction. The construction, installation, materials and
equipment shall be in accordance with the plans and
specifications approved by the City.
2.
Insoection. All of the work shall be under and subject to
the inspection and approval of the City and, where
appropriate, any other governmental agency having
jurisdiction.
'\
/
-5-
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 6, 1994
AGENDA
t-n
SECTION
Discussion Item/Consent Item
ORIGINATING DEPARTMENT
scot~ Eri~kson,A(
Eng~neenng eyl
APPROVED
FOR AGENDA
ITEM
I'D.
Approve Survey Quotes/94-16
BYv
It.
Quotations have been received for preparing a plat of the right-
of-way of Tulip Street from l61st Avenue NW to 169th Lane NW.
Four quotations were received with Hy-Land Surveying being the
low quote with a bid of $2,700.00.
Quotes received are as follows:
By-Land Surveying
Caine & Assoc.
John Oliver & Assoc.
Hakanson Anderson & Assoc.
$2,700.00
$3,900.00
$3,950.00
$8,325.00
Hy-Land Surveying has successfully performed work for the City of
Andover in the past.
We recommend awarding the right-of-way platting of Project 94-16,
Tulip Street, to Hy-Land Surveying for the amount of $2,700.00.
MOTION BY:
SECOND BY:
TO:
\
)
I II Hakanson
, Anderson
1 i' Assoc.,lnc.
222 Monroe Street
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3401
"
November 16, 1994
.RECEIVED
Nav 17 1994
ell i
......, r'."''-o'v'iER
Todd J. Haas
Assistant City Engineer
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
RE: Project 94-16-Right of Way Plat, Tulip Street NW
Dear Todd:
Thank you for the opportunity to provide the City of Andover Professional Land Surveying
services on the above mentioned project. We understand the scope of services to be as follows:
)
1.
Field surveys to acquire centerline location according to prescriptive or dedicated use.
2. Acquire legal descriptions and obtain fee owners names of properties adjoining street.
3. Compute and draft right of way plat.
4. Field survey to monument right of way at curve points.
5. Have mylars prepared for recording.
With consideration of the above, Vie propose to accomplish these tasks far a fee of $8,325.00.
If additional work is required beyond the scope of the project or revisions are requested, we
would bill this time at our hourly rates as listed below. We would not proceed with this work
unless authorized to do so and at that time we would also prepare an estimate of the additional
costs. Our hourly rates are as follows:
Registered Land Surveyor
Senior Land Survey Technician
Land Survey Technician
Draftsperson/CADD
Survey Technician
2 - person Survey Crew
3 - person Survey Crew
Word Processing
$65.00/hr.
$50.00/hr
$42.00/hr
$42.00/hr
$28.00/hr
$75.00/hr
$105.00/hr
$40.00/hr
Engineers
Landscape Archirects
Surveyors
,............
';
. CIl/1l Engineering .
Land Surveying
Land Planning
John Oliver & Associates, Inc.
580 Dodge AlIenue, Elk RllIer, MN 55330
(612) 441-2072 . Fax: 441-5665
_""':-';":"",,,,-~7'----- .". - ",..~...:-.--.,.~~
y .;.'7'~'!'_, '_ .....,. -'~' - ".'"-"'_"'~
RECEIVED
November 18, 1994
NOV 22 1994
CITY ur- r\j'JUOVER
Mr. Todd Haas
Assistant City Engineer
City of Andover
1685 Crosstown Boulevard
Andover, Minnesota 55304
Re: project 94-16, Right of Way Plat
Dear Todd:
\
i
Our Lump Sum Fee for the scope of work listed in your letter of
November l5, 1994 is $3950.
If there are any questions please feel free to call. We trust that
the City supports Quality Based Selection (QBS).
Sincerely,
John Oliver & Associates, Inc.
p.~
L.S.
\
)
Offices in EHe Riyer & B!.Jrns1dlle
,
J
~
~
eailfc ~ Assodatcs
bll1d Survc!/ors, life.
17720 HIGHWAY 65
HAM LAKE, MINNESOTA 55304
.013.01.76.016
JEFFREY N. CAINE
R.l.S.
"
!;to ~~~ '~.'''~./7~ !,." ..!'"~_:..:.
. ' . '"..3
November 22, 1994
NOV 28 1994
Cj"I,
~." .
Mr. Todd Haas
City of Andover
1685 CrosstownBoulevardN.W.
Andover,:MN 55304
SUBJECT: Estimate for RJW Plat
Part of Tulip Street from 161st Avenue North to the
North Line of Timber Meadows
(project 94-16)
Dear Mr. Haas:
, '\
J At your request, I have prepared the following estimate of the cost to provide the City of Andover with the
swveying services necessary to prepare a plat of the right-of-way of Tulip Street from 161 st Avenue North
to the North line of Timber Meadows:
I will prepare a plat of the right-of-way ofTulip Street from 161st Avenue North to the North line of
Timber Meadows for $3,700 to $3,900.00, not to exceed $3,900.00. The survey will include owner
research, center line alignment stakes, preparation of the plat, setting iron monuments at all pIal
bOl.mdaty comers and curve points, legal descriptions for portions of underlying properties that lie
within the right-of-way, and mylar copies for recording.
I will complete the work within four weeks of receiving authorization to proceed.
Thank you for the opportunity to submit this proposal. If you have any questions or need additional
information, please feel free to contact me.
Yours truly,
CAINE & ASSOCIATES LAND SURVEYORS, INC.
J~ 4J~~
'\ Jeffrey N. Caine, President
/
JNC:jmk
~,
HY-LAND SURVEYING, P.A.
LAND SURVEYORS
P lr.' r ~ 11ft:' ")
NOV 22 1994
CITy ()J- M,.wl..-,/-'-
)
"
November 20, 1994
City of Andover
1685 Crosstown Boulevard N.W.
Andover, Minnesota 55304
Attn: Todd J. Haas
Assistant City Engineer
Reference: Project 94-16, Right-of-Way Plat
Dear Todd,
'\ Hy-Land Surveying is pleased to submit the following proposal for
J surveying services for the above referenced Right-of-Way Plat.
The scope of services under this contract are as follows:
1. Prepare right-of-way plat.
2. Monument plat at PC's and PT's on right-of-way.
3. Supply underlying legal descriptions for the
affected parcels.
4. Cost for mylars.
5. County checking fee for the plat document.
Our bid for this work i~:
Cost for Mylars:
TOTAL BID:
$2,500.00
S 200.00
$2,700.00
Thank you for considering Hy-Land Surveying, P.A. for this project.
-'
s~ f:).
"'-lton E. Hyland <j.U
\
7845 Brooklyn Blvd. · Brooklyn Park, Minnesota 55445 . 560-1984
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
E December 6, 1994
DAT
AGENDA
t-n
SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Finance
APPROVED
FOR AGENDA
ITEM
I'D.
Reduce Letters of Credit
Hills of Bunker Lake 3rd (88-5) anc
Hills of Bunker Lake 4th (91-4)
Daryl E. sU~~~~~jI
Finance Dire$
BY~
/1.
'"j,-
The City Council is requested to authorize the reduction of
the Letters of Credit held as special assessment guarantees for
the Hills of Bunker Lake 3rd and 4th Additions.
BACKGROUND
Letters of Credit issued by First Bank on behalf of Hills Inc. for
the Hills of Bunker Lake development may be reduced to match the
current special assessment guarantees as provided in the
respective development contracts.
CURRENT STATUS
Remaining
L.O.C. Other Grading &
Addition L.O.C. # Amount Escrow Assessments Reduction
HBL 3rd 88-1121 $38,200 $21,000 $35,200 $24,000
HBL 4th 91-1208 $54,600 $10,639 $50,739 $14,500
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 6. 1994
AGENDA
I'D.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Non-Discussion/Consent Item
ITEM
I'D.
Approve Change Order ~2/
94-13 & 93-7
Todd J. Haas, ~
Engineering Jl
BY'~
//.
The City Council is requested to approve the resolution approving
Change Order *2 for Project 94-13, Commercial Park Grading and
Project 93-7, City Hall Park Complex *2.
The change order is for extra work performed to clean up debris
located at the Commercial Park Pond and Lot 3, Block 3, Andover
Commercial Park.
The change order will be paid for from TIF funds.
Staff recommends approval of Change Order ~2.
MOTION BY:
SECOND BY:
TO:
\
)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #2 TO PROJECT NO. 94-13 AND
PROJECT NO. 93-7 IN THE AREA OF ANDOVER COMMERCIAL PARK AND
CITY HALL PARK COMPLEX #2
WHEREAS, the City of Andover has a contract for Project No.
94-13 and 93-7, Andover Commercial Park and City Hall Park Complex
#2 with F.M. Frattalone, Inc. of St. Paul, Minnesota.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover
to hereby approve Change Order #2 for Project No. 94-13 and 93-7.
MOTION seconded by Councilmember
and adopted by the
City Council at a
regular
meeting this
6th
day
'\
of
December
, 19 94 ,with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was
passed.
CITY OF ANDOVER
ATTEST:
J. E. MCKelvey - Mayor
Victoria Volk - City Clerk
\
CHANGE ORDER
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
Engineers-Architects-Planners
Saint Paul, MN Nov 30.
10706/
19~ Comm. No. 9140-940 Change Order No. -2--
To
F.M. Frattalone, Inc.
Commercial Park Grading/Citv Hall Park Comolex #2
for
for
City of Andover. Minnesota
You are hereby directed to
Seotember 12.
is subject to all contract
(increase) (dcer~a3e) (noL
Thousand Nine Hundred and
make the following change to your contract dated
, 19 21-. The change and the work affected thereby
stipulations and covenants. This Change Order will
d.au',je) the contract sum by Fortv-one
- - - - - - 32/100 Dollars ($ 41.900.32 ).
The following extra work as performed to clean up debris located at the
Commercial Park Pond and Lot 3, Block 3, Andover Commercial Park:
'\
)
1. Komatsu PC 300 Backhoe w/Operator
2. Caterpillar 330 Backhoe w/Operator
3. Tractor Trailer w/Driver
4. Dump Trunks w/Driver
5. 850 Dozer w/Operator
6. Bobcat w/Operator
7. Supervisor
8. Laborer
Subtotal for Labor and Equipment
Dum1;> Fees
1. Frattalone (Concrete & Bituminous)
2. East Bethel Landfill
3. National Tire
4. First State Tire
5. Thomas and Thomas
Subtotal for Dumping Fees
Subtotal
10% Overhead
TOTAL CHANGE ORDER
'\
24 HR @ $107.00/HR $ 2,568.00
27 HR @ $107.00/HR $ 2,889.00
100.75 HR @ $ 56.00/HR $ 5,642.00
77 HR @ $ 51.00/HR $ 3,927.00
9 HR @ $ 88.00/HR $ 792.00
21 HR @ $ 67.00/HR $ ~,407.00
24.5 HR @ $ 42.00/HR $ 1,029.00
24 HR @ $ 36.00/HR $ 864.00
$19,118.00
176 CY @ $ 1. OO/CY $ 176.00
1808 CY @ $ 6.50/CY $11,752.00
21.92 TN @ $ 75.00/TN $ 1,644.00
42.16 TN @ $ 70.00/TN $ 2,951. 20
7 Loads @ $350.00/Load $ 2.450.00
$18,973.20
$38,091. 20
$ 3.809.12
$41,900.32
~~GE ORPER NO.2
COMMISSION NO. 10706/9140-940
. /' PAGE TWO
"
Amount of Original Contract $
Additions approved to date (Nos. $
Deductions approved to date (Nos. $
Contract amount to date $
Amount of this Change Order (Add) (-Dcdtlo.t;.) (Ne~ Ch;o"'J"d) $
Revised Contract Amount $
514.565.83
0.00
o 00
514.565.83
+41. 900 32
556.466.15
Date
KING,
Approved CITY OF ANDOVER. MN
Owner
By
Approved F M FRATTALONE. INC.
Contractor
By
White - Owner"
Pink - Contractor"
Blue - TKDA
Date
"\
.,
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DA TE Dee e ill be r 6. I 994
AGENDA
I'D.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ADD-ON to Item
lit:;
ITEM
I'D.
Admin.
BY:
Additional Liquor
License Renewal
V. Volk O,U.
The City Council is requested to approve the renewal of Pov's
Sports Bar & Grill's intoxicating on-sale liquor license for
1995.
All necessary fees have been paid and insurance certificates
received.
MOTION BY:
SECOND BY:
TO:
DATE:
December 6, 1994
ITEMS GIVEN TO THE CITY COUNCIL
Road Committee Minutes - November 15, 1994
Andover Economic Development Authority Minutes - ~)vember 15, 1994
City Council Minutes - November 15, 1994
Park and Recreation Commission Minutes - November l7, 1994
planning and zoning Commission Minutes - November 22, 1994
Letter from Tom Durand, County of Anoka - November 3, 1994
October 1994 Sheriff Report - November 10, 1994
Letter from Bonnie Dehn - November 22, 1994
Fire Department Information
Dave Harris Sketch Plan
Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT rHEM ON THE NEXT
AGENDA.
THANK YOU.
~t.NT 1:H:
11-18-54 5:30~~
ANOKA ELECTION~755 8523
COUNTY
OF
ANOKA
;# 2/ 2
~0 qf
,:r(.,'
Offi- of Gov.crnmQ'llal SenJicA Dlvitlan
GOVERNMENT CENTER
2100 3rd Avenue. AnokCl, MinnesotA 553~-2469
(612) 323-5690
Novembor 3, 1004
TOM DURAND
Divloi.m M"""l1"r
Direct '323-5700
MEMO TO:
FROM:
City Managers and School Superintendentt In Anoka ~nty
Tom Durand, Division Manager, Governmental servi~
~
~
SUBJECT: UnIform Local Election Day
Attached is a summary of the current status of the election dates being selected by Jurisdictions
in Anoka County as a result of the Uniform Local Ejection Day 8i11. Some, particularly ~chool
districts, are still unsure about which year. odd or even - to seled: for their elections.
Clearly, this is a local decision whIch should be made based upon the eJected officials' judgment
:wout what makes scn~e for their loc;a/ voters. To help you In that decision, I thought that it might
be useful for you to see what your fellow iuri~dietion:$ tire doing, because the cost to the
taxpayers tor the administration of the elections, a. well as the ease of making voters aware of
1he date of the election, is certainly' impacted by conflicting da.tes within the $:lme area.
On a rela.ted subject, I want to make you aware that we received numerous complaints at this
pO-ot primary election from voters who were contused about the location of their polling place,
because they vote in c;ohool district elections at one location and at other elections ill another
location. As you can imagine. when they have gone to the wrong polling place, they are
somewhat agitated when they finally reach the proper polling place. Worse than that, some
voters are disc;ouraged by going to the wrong place or do not have time to go to the proper
precinct and, consequently. do not cast a ballot.
This problem wa$ probably exacerbated because Of the large number of school district questions
submitted to the votem this; past year which attracted people who might not normally vote in
school eJections. Nevertheless. I believe it is :a !l;erious problem, o.nd I think that the ncgaUve
impression it leaves on voters, as well as the actual impedina of the voters ability to cast his or
her ballot, makes it clear that we need to rethink whether the co~t savinO$ to the school distrids
by combIning precincts is worth the degradation of the voting process at regular elections.
It is Worth noting th;lt this problem for voter:! i~ ~fimillatetJ when the city and the school district
COordinate the date of their elections.
TD:bje.
Attachment
FAX: 323.5682
Affirmative Action I EqUlll Opportunlty Employer TDDfTTY: 323.5289
.~:'
:stNT BY:
11-18-94 ; 9:30AM
ANOKA ELECTION~755 8923
;# 11 2
ELECTION CYClES
CITIes AND TOWNSHIPS OF ANOKA COUNTY
ANDOVER even FRIDlEY even
ANOKA even HAM LAKE even
BETHEL even HILLTOP even
BlAINE even LEXINGTON even
BURNS March UNO LAKES odd
CENTERVllLE eVen UNWOOD March
CIRCLE PINES odd OAK GROVE even
COLUMBIA HEIGHTS odd RAMSEY even
COLUMBUS March ST. FRANCIS even
COON RAPIDS odcr SPRING lAKE PARK even
EAST BETHEL eVen
*Pending possible change In 1995
SCHOOL DISTRICT
ANOKA-~ENNEPIN SCHOOL DISTRICT" ... Odd; 1995
FRIDLEY SCHOOL DISTRICT 14 ~ Board diSCUSSed In late Oct.; no action/pending follow-up
COLUMBIA HEIGHTS SCHOOL DISTRICT 13 - Subcommittee undecided
CENTENNIAL SCHOOL DISTRICT 12 -io November 21 meeting; will discuss
ST. FRANCIS SCHOOL DISTRICT 15..... Odd years
SPRING LAKE PARK SCHOOL DISTRICT 16 -. Has not been discussed yet
WHITE 8EAR LAKE SCHOOL DISTRICT 624 -.. Pending a decision
ELK !=lIVER SCJ.lOOL DISTRICT 728 -io Even year starting 1994
FOREST LAKE SCHOOL DISTRICT 831 - Odd year; agenda 11/7194 for discussion
~:.
Office of
ANOKA COUNTY SHERIFF
~~ 1E1-G-qcJ
KENNETH G. WILKINSON
325 Jackson Street - Anoka, Minnesota 55303
612-421-4760 Fax 612-422-7503
November 10th, 1994
RECEI"ED
NOY 1 7 1994
Mayor Jack McKelvey
City of Andover
1685 Crosstown Blvd. N.W.
Andover, MN 55034
I CITY UI- hl'<lJ\.n.=R
Dear Mayor McKelvey:
The October Calls For Service Law Enforcement Report and
Municipality Arrest Report are attached for your review. Should
you have any questions or concerns please contact me at my office,
323-5131.
Sincerely,
d\~~~
Captain Len Christ
Patrol Division
LC:nc
Attachments
Affirmative Action I Equal Opportunity Employer
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Bonnie
November 22, 1994
MAYOR ANO ANDOVER CITY COUNCIL
CITY OF ANOOVER
ANDOVER CITY HALL
ANDOVER, MN.
ATTN:
t'IAYOR r1CKELVEY,
ANOOVER CITY COUNCIL MEMBERS
I would like to submit my resignation form the ANDOVER PLANNING
ZONING COMMISSION effective December 31,1994. I am resigning my
position as I have been newly elected to the ANDOVER CITY COUNCIL.
May I add, tt has been a wonderful experience working as an
Andover Planning and Zoning Commissioner. Thank you.
c_
nonnie L. Gehn
l
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.~J'V "Jo'o;'J
The meeting was called to order at 19:00 by Chief Dale Mashuga.
The pledge of allegiance was said and roll ,call was taken.
The minutes of the September 25th, 1994 Monthly Business Meeting
on and accepted as written.
Ct.- \CJ~lo -liLl
ANDOVER VOLUNTEER FIRE DEPARTMENT
MINUTES OF THE MONTHLY BUSINESS MEETING
OCTOBER 23RD, 1994
were voted
FIRE MARSHAL - J. Noyes (absent) - VIA Note
. Thanks to all who helped with Fire Prevention Week.
. Have lots of new businesses coming into the city. McDonalds opened
Friday. Tutor Time, Andover Auto, For Kids Only, Pov's, SPUR, and
Northwestern Transmission are all in the process of building.
. Have had a lot of requests for group programs. If you can help, let
Joyce know.
OFFICER'S REPORTS
. "Warble" has been taken off our tones at our request.
. New Daytime pager test on Tuesdays at 08:30.
Total Calls (THRU 10/23)
TOTAL YEAR
1994 = 447 1993 = 360 +87
551 (EST) 464
1992 = 403 +44
478
COMMITTEE REPORTS
STAFF RESOURCE - Need a new chair
. Discussed the suspension of Firefighter Bob Peach. Resignation letter,
suspension letter were read. Grievance Committee letter was read. There
was further discussion, and the matter was voted on by ballot. Results
were 21 to 4 not to overturn the suspension with 25 of 40 Active Members
present and voting.
TRAINING - J. Kroll (absent)
. No report.
PUBLIC ED - J. Noyes (absent)
. No report.
MAINTENANCE - M. Winczewski
. Truck pumps have been serviced. Annual truck maintenance is in process.
SAFETY - D. Reitan
. Working on plans for Truck and Fireground Safety, Safety Tip of the
Month, and other Safety Problems.
HAZMAT - S. Berhow
. Committee is trying to prepare a list of needs for the Officers.
STATION MAINTENANCE - M. Neuschwander
. Checking into cost of hooking up turnout washer temporarily.
Still working on roof leaks.
October 23rd, 1994
Page 2
COMMITTEE REPORTS
(continued)
RADIO - T. May (absent)
. Rear speaker installed on L5 and radio moved to Officer's side.
UNIFORMS/SPECIAL PURCHASES - T. Johnson
. Scheduling uniform person for next month.
SMALL EQUIPMENT/SCBA - T. Johnson
. Two new members attended this month.
. Need Hydro Test on several bottles.
. Station I SCBA check-off sheets are missing as of 10/17.
FUND RAISING - J. Koltes
. Waiting on info for a Circus.
Spaghetti Dinner planned for 12/8.
. Discussed Pancake Breakfast and holding a Dance.
AD HOC COMMITTEE REPORTS
ISO - T. May (absent)
. No report.
CHIEF'S REPORT - Dale Mashuga / Dave Reitan
. Thanks for Public Ed assistance during Fire Prevention Week.
Door combination will be changed as of 10/29.
OLD BUSINESS
. None
NEW BUSINESS
. M. Sanborn presented a "Sunday Duty Crew" proposal. A motion made by M.
Sanborn (seconded by J. Carlson) to implement the proposal. The issue
was discussed and voted on. Results were 23 in favor 2 against.
. S. Leider made a motion (seconded by J. Carlson) to return back to
Wednesday Business Meetings. The motion was discussed. A motion was
made by D. Reitan (seconded by P. Gierl) to table the motion until next
month. The motion was voted on and passed 23 for and 2 against.
. Full Time Chief/Fire Marshal position. City Administrator is working on.
Discussed the possibility of having him attend the November meeting.
Dale will check.
A motion for adjournment was made and seconded.
The meeting was adjourned at 21:15. Next meeting will be 11/20.
Respectfully Submitted,
dc~li~"Y
November 15, 1994
MEDICAL
CAREERS
CLASS
Dear Chief Mashuga:
Thank you for taking the time to share your EMT career with
us. The students thought that the information they received
was very interesting and some of them have expressed an in-
creased interest in emergency medicine since your present- '
ation and have asked if there is a "Ride-along" program with
the Fire Department, and of course are disappointed when I t
them "No, not unless you join up! Anne, who is determined t
become a Veterinarian, and most likely will as she is very
bright, was so enthusiastic after your presentation that I
can't help but believe that some day in some rural area whil
practicing veterinary medicine, she will also be one of that
town's EMTs.
Thanks again, you were Great!
Sincerely,
Cheryl Mashuga
The Medical Careers Class
Coon Rapids High School
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CITY OF ANDOVER, MINNESOTA
SPECIAL CITY COUNCIL MEETING
WEDNESDAY DECEMBER 6,1995
FINANCIAL INFORMATION:
MUNICIPAL BUILDING PROJECT
Prepared By:
Thomas P. Truszinski
Vice President
Juran & Moody, Inc.
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Debt Ratio Comparison
I City of Andover Debt Ratios Moody's Rating: Baal I
Population: 19,465
Net Direct
Net Net and Net
Direct Direct Overlapping Overlapping
Debt Debt Debt Debt
To Indicated Market Value 2.39% 1.77% 1.80% 3.57%
Per Capita $1,076 $786 $800 $1,585
Per Capita Adjusted $983 $718 $731 $1,448
I Citv of Prior Lake Debt Ratios Moody's: A I
Population: 13,400
Net Direct
Net Net and Net
Direct Direct Overlapping Overlapping
Debt Debt Debt Debt
To Indicated Market Value 2.99 1.95% 1.68% 3.63%
Per Capita $1,272 $830 $713 $1,543
Per Capita Adjusted $1,137 $742 $638 $1,380
I Citv of Chaska Debt Ratios
I
Direct
Deht
To Indicated Market Value
Per Capita
Per Capita Adjusted
7.06
53,111
51,537
Net
Direct
Deht
6.89%
$3.039
$1.501
Standard & Poor's Rating: A I
Population: 13,102
Net Direct
and Net
Overlapping
Debt
Net
Overlapping
Debt
4.72%
$2,083
$1,029
11.61 %
$5,122
$2,530
I Citv of Apple Vallev Debt Ratios
I
Direct
Debt
To Indicated Market Value
Per Capita
Per Capita Adjusted
2.50%
51,016
5795
Net
Direct
Deht
1.97%
$802
$627
Moody's Rating: Al I
Population: 41,178
Net Direct
Net and Net
Overlapping Overlapping
Deht Debt
2.94%
$1,197
$936
4.91%
S 1 ,998
51,563
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Rev. Marwin Lindstedt
11000 Swallow St NW
Coon Rapids, MN 55433
November 21, 1994
To Whom I t May Concern:
Subject: Mikhail Onchanu search for housing:
Mr. Onchanu has been actively looking for housing into which to move
for the past two months. I have been assisting him in this, which is why I
am writing this memo. The following actions have been taken:
I. I contacted the emergency housing people on their behalf early on.
However, nothing has come of that for reasons unknown to me.
2. Mr. Onchanu paid for Rent-a-Home listing. Due to the size of his
f(imily, nothing suitable could be found.
3. They are now working on buying a home. He has a permanent job,
and is being qualified for a loan with Bell Mortgage Company at
944~ East River Road, Coon Rapids.
4. The search for a house has, or lhis writing, been narrowed down
to the point that a final decision is imminent.
The following can be contacted for details:
Todd C. Bracher
Bell Mortgage Company
Phone: 767-1880
Linda Erdman
Best Value Real Estate
Phone: 767-0052 or 323-1569
Nick Mykulak
Remax
Phone: 884-8404
The Onchanu family is committed and anxious to move from theIr
present residence in Andover as soon as possible. All things being equal,
this will take place very soon.
(Rev,) MARWIN LINDSTEDT
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