AVON AREA

COMMUNITY

A joint City and Township Newsletter Winter 2003 - 2004

Volume 6 – Number 4

The Avon Chamber would like to thank all who participated in the Pumpkin Carving Contest. Our judges said "We didn't know judging would be so hard!"

Upcoming events include the Christmas Tree Lighting on December 6 at 6:00 pm at the Wobegon Trail Park. Cider, hot chocolate, cookies, prizes, carolers, and of course SANTA will be there to help light the tree.

Mark your calendars on February 7, 2004 for Winterfest. Events include Sportsman's Club Youth Ice Fishing Contest, Community Church's Spaghetti Dinner, PTA Family Fun, and more.

Santa Day!!

The American Legion and the Avon Lion’s Club will again be sponsoring Santa Day on December 6 from 1 – 3 at the Avon City Hall. Free hayrides will be provided, courtesy of Dahlin’s Supermarket.

The Avon Women of Today will be hosting a Gift Shop. Members will be available to help young shoppers choose affordable gifts for those special people on their lists. Adults also welcome.

No parking on any City street or right of way from November 15^th to April 1, 2003, from 1:00 a.m. to 7:00 a.m.

It is the owner’s responsibility to repair or replace any mailbox that does not swing away when hit by snow or snow plow.

Posts, fences, or anything else, put up by residents on city right-of-way damaged by snow removal equipment is also the homeowner’s responsibility.

The ICE SKATING RINKS will open by Christmas, weather permitting. There will be two rinks, both will be located at the Laker’s Baseball Field.

A new WARMING HOUSE is also being built. Anyone interested in volunteering to staff the warming house should call the City Hall.

Members working together to preserve and enrich Avon area lakes and their surrounding watersheds, adjoining wetlands, lakesheds, and ecosystems

Avon Area Lakes Association, along with Pelican Lake Association and Upper Spunk Lake Association, hosted an important presentation entitled “Linking Land Use to Lake Quality” in September. The program explored the impacts of development on the habitat and water quality of our lakes, and ultimately on the economic, aesthetic, and recreational value associated with lakes. More specifically, it illustrated the parallel between cleaner lakes and higher property values, as well as methods of maintaining our area water quality.

The most important course of action in preserving and improving our lake water quality is to control runoff. The storm drains in our streets are a direct link to our lakes. Everyone, not just lakeshore property owners, can have an effect on our water quality. A common cause of lake and river pollution is phosphorus runoff. Excess phosphorus in our lakes stimulates algae growth, which can reduce water clarity, crowd out essential vegetation and diminish fish and wildlife habitats.

Avon Area Lakes Association would like to ask all Avon area residents to please help reduce phosphorus runoff in 2004. If you plan on fertilizing your lawn next year, please use a “zero-phosphorus” fertilizer. Also, keep excess grass clippings and leaves out of the storm drains. Lakeshore property owners can check out our resources on restoring your shoreline, and creating a buffer to reduce runoff. Contact Aletha @ 356-7628 for more information.

AALA is continuing to hold regular public meetings on the third Tuesday of each month. Meetings begin at 6:30 pm, and are held at Avon City Hall. If you would like to learn more about Avon Area Lakes Association, or about how you can help to preserve our area lakes, please attend.

Administrative fines

The issue of administrative fines has recently become a hot topic throughout the state of Minnesota. Administrative fines are penalties issued by local units of government for ordinance violations and some minor traffic offenses. The following is an example of where one’s fine money goes when receiving a state citation versus an administrative citation on a speeding citation at 10 mph over the posted speed limit.

As you can see from the example listed above, when a violator receives an administrative citation they receive a lesser fine, however the City of Avon receives the full amount.

Questions have been raised concerning the use of administrative fines, as to whether or not local units of governments developed this process to offset budget deficits and to create revenue.

I would challenge that by saying that the City of Avon is using them to correct minor offenses without excessive penalties. I would also make arguments that administrative fines decrease expenditures ie: attorney’s fees, overtime pay, etc. I also believe that by using administrative fines the burden placed on our county court system may be alleviated.

I would also like to note that the City Administrator and I attended a meeting on 11-03-2003 in the City of Royalton regarding administrative fines. Those in attendance included many area legislators and senators, city administrators, city council representatives and county board members, and many area law enforcement officials. The meeting brought forth excellent information sharing. It also seemed to me that the consensus was that administrative fines were looked at as favorable by all in attendance.

The Avon Police Department started using administrative citations on 05-01-2003 and year to date has issued 56 citations under the administrative penalties ordinance.

Anyone that has questions, concerns, or feedback regarding this issue is encouraged to contact the Avon Police Department at 356-7575.

THANK YOU - The Avon Police Department would like to thank Columbia Gear for their generous donation of $1695.00, which was used to purchase a defibrillator. The defibrillator was put into service on 10-15-2003.

DOG LICENSES

City residents are required to purchase a license for their dogs. Dog licenses are due to be renewed each year. To receive a license, proof of rabies shots must accompany information including the name of the dog, its breed, sex, and color. The cost is $5.00. Dogs within the City limits of Avon are to be in a kennel or on a leash at all times. Any dog found wandering will be picked up by the City and kenneled. The owner will be fined.

ADMINISTRATION

UPDATES”

COUNTY ROAD 9

RESURFACING PROJECT MEETING

The Stearns County Highway Department will be holding a public meeting on Tuesday, December 16^th at 6:30 pm at City Hall. They will present their preliminary design plans for County Road 9 as well as take comments from the public regarding this project.

MAIN STREET BEAUTIFICATION RAFFLE

The Main Street Beautification Committee has been hard at work planning for the County Road 9 resurfacing project, which is scheduled to happen in spring. The Committee will be holding a raffle to help defray the costs of the beautification project. They will be raffling off a Harley Davidson motorcycle, two trail bicycles and some smaller prizes, as well as cash prizes. Tickets will be $50 and 999 tickets will be sold.

The drawing will be held at a pancake breakfast at St. Benedicts Church on March 21^st. All proceeds from the raffle and the breakfast will go toward the Main Street Beautification Project. Proceeds are planned to be used to beautify Main Street with street lights, moving the power lines to the alleys, and to help offset potential assessments for the cost of the County Road 9 resurfacing project. Tickets will be available soon at all Chamber businesses. Anyone interested in helping sell tickets or working at the pancake breakfast should contact Jodi Austing-Traut at City Hall.

FAREWELL TO JOYCE LINN

On behalf of the City of Avon, I would like to thank Joyce Linn for her years of service on the Avon City Council. Joyce has offered her expertise in personnel management, a strong financial background, and her honest candor to the Avon City Council, staff and community. She has been an integral part of some of the most difficult decisions the Avon City Council has made, as well as some of the most exciting changes that have taken place here. Thank you Joyce!

At their meeting on November 12^th, the Avon City Council voted to adopt Ordinance No. 151 which gives the City Council the authority to require property owners who have city sewer and/or water service available to them to hook-up to the system. The City Council will begin enforcing this ordinance shortly. Some properties within the existing City of Avon who have sewer and/or water services available to them will be contacted by the Water and Sewer Department to begin the process of tying into the system. Call Jodi Austing-Traut or Tom Blomer with questions 320.356.7922.

ASSESSMENTS

vs.

HOOK UP FEES

The City Council has finally held the last of the assessment hearings for the Wastewater Treatment Plant Improvements and the Well and Pump House Improvements. Single-family residential properties were charged $8,900 for the assessments and multi-family, commercial, and industrial properties were assessed based on a usage and benefit calculation. Originally, single-family residential assessments were expected to be much higher, at about $16,000 per connection. The City Council was able to cut that assessment in half for residences, but ultimately ended up adding approximately a $20,000 increase to the levy each year for the life of the loan. This levy will be spread based on property values and will be paid by all property owners in Avon, as well as new properties coming into Avon, over the next 17 years.

There have been some questions about why new development is not paying the assessment for the wastewater treatment plant and wells. There are many things that the City Council has considered throughout this process, one of which is the fact that Avon needs to encourage growth and development in order to increase our tax base and to help spread the costs of needed services and facilities. The council looked at area Sewer Access Charges and Water Access Charges (SAC and WAC) to see how high we could raise them and still be competitive in the development arena.

* SAC and WAC charges are different from assessments. SAC and WAC fees are paid in full at the time the property ties into the sewer and water system. They are not amortized over a period of time. This is beneficial to the city in that money is collected up front and can be used to pay down the principle on bonds or can be invested to offset the cost of future projects for the city.

The council found the highest SAC and WAC rates in the area to be about $5,000 so that is the rate at which the council set Avon’s fees. This will allow us to be competitive in development and still collect the SAC and WAC fees up front to pay for nearly 1/3 of the cost of the wastewater treatment plant and wells which was not assessed to property owners in Avon. SAC and WAC fees are usually increased on an annual or bi-annual basis. In the past few years Avon’s rates have increased from about $800 to $5,000.

New residential connections will not only pay the SAC and WAC fees that are in place at the time they hook up to the system, but will also pay the full actual costs for infrastructure in each new development. As we can see with the upcoming Water’s Edge Development (former Brix Farm), the developer will pay the actual costs of extending services to the development and all infrastructure costs directly related to the development. In addition, each new property owner hooking up to the sewer and water system will pay the SAC and WAC fees.

New commercial, industrial, and multi-family development will pay a higher amount based on the number of “SAC Units” they are assigned. For instance, a new retail store might pay 1 SAC unit ($5,000) per 3,000 square feet of retail space. An exercise gym with a pool might pay 1 SAC unit ($5,000) per 700 square feet. This type of policy will ensure that new development pays for itself, as well as helping to build the city’s reserves for future needs.

News

Planning Notes for your Next Construction Project:

Just a few reminders: First, the township has changed the Land Use Ordinance to reinforce the intent of the Board of Supervisor’s and the residents to limit construction to one house per 40 acres in areas zoned A40. This was the intent of the township when the county ordinance was adopted but language in the ordinance allowed an exception to this restriction under certain circumstances.

Second, a change was made to the ordinance to limit the size of accessory structures based on the size of the property owned. The change adopted the same language used in the Shoreland Overlay District to restrict accessory structure sizes to remain consistent with the original Township land use ordinance. The purpose behind the limitation is to avoid creating conflicts with view obstructions and neighborhood images. Based on the changes made and the current Shoreland Overlay District rules, accessory building sizes will be limited as follows:

Accessory Structure Size Limitations

Lot Size Maximum Accessory Sidewall

(Acres) Building Area Height

0-.49 900 Square Feet 10 feet

.50-.99 1200 Square Feet 10 feet

1-1.99 1500 Square Feet 12 feet

2-4.49 1800 Square Feet 14 feet

4.5-9.49 2400 Square Feet 14 feet

9.5 or Greater Unlimited Size **

** Lots 9.5 acres or greater will only be limited by the total lot coverage restriction.

Third, structures less than 150 square feet located within the Shoreland Overlay District require a building permit and must meet setback requirements. These smaller building, if they qualify as water accessory buildings, may have less restrictive setback requirements.

If you have question about a project be sure to check before you start construction. The Stearns County contact is the Environmental Services Department at 320-656-3613 or by checking out the Stearns County website at www.co.stearns.mn.us. If you need a permit for a driveway or if you are building an accessory building (i.e. garage, storage building, etc.) contact the township zoning administrator, Cliff Borgerding, at 320-356-7191 or by email at Cliffborgerding@aol.com.

Here’s a summary of the construction related activities in the township year to date as of October 31, 2003

Avon Hills: Planning for the Future

The township has always been focused on managing growth in the area to insure the survival of the character of the area and the community we all enjoy. Recently the township has gained a new ally in the cause for celebrating our past, enjoying our present and planning for our future.

Actually, the ally is really a very old friend... the community of the Order of St. Benedict at St. John’s Abbey and University. The Benedictine community has been an integral part of the fabric of the Avon area for over 150 years. Many of the early settlers in the area had ties to the abbey in one way or another not only as a source of spiritual support but also as an employer, educator and as a model teaching us how to work with the land and use the natural resources available to make our lives better in many different ways.

Now they are striving to work with others in the community to help initiate a community visioning process that will offer as its end product, a collection of planning resources to help guide future development of the “Avon Hills” landscape. The process will involve representatives from the local community, The Nature Conservancy, as well as St. John’s.

Township Supervisor, Leroy Gondringer, and Steve Plantenberg chair of our Planning Board along with the Mayor of Avon, Marge Evens, as well as other government officials and residents from the surrounding townships were asked to be part of committee to help in this effort. There were also representatives from Stearns County, the Minnesota DNR, US Fish and Wildlife Service, The Nature Conservancy and of course St. John’s Abbey.

On a Saturday in late October a tour was made of the area often referred to as the “Avon Hills”. The tour was by bus and covered parts of St. Joseph, St. Wendel, Avon and Collegeville townships to show the unique habitat and natural features that exist in the area. A total of almost 50 people participated in the tour.

For more information about this effort see the recent articles in the St. Cloud Times, the Stearns Morrison Enterprise and the Sagatagan Seasons Newsletter of the St. John’s Arboretum. Watch these publications in the future for more information on the efforts of the group.

This effort should partner very nicely with our recent and on-going efforts to develop a better understanding of the issues and concerns related to growth and development within our community.

The area lake associations sponsored an event held recently at Rascal’s here in Avon to bring together many local government officials of the area to hear a presentation titled "Linking Land Use to Water Quality." Julie Westerland from NEMO (non-point education for municipal officials) made the presentation to the group of 75-100 people in attendance. Thanks to those involved in sponsoring this event to provide an opportunity to educate folks on this important issue.

The board of Supervisors decided to contract with the city of Avon for some additional police service to try to alleviate the traffic problems with Upper Spunk Lake Road. After a month of activity it appears the additional attention is having the desired effect. Tickets have been issued to violators and things have improved.

The board will be asking township residents to approve the continuation of the extra patrols at the annual meeting in March 2004. Continuing the patrols will require the approval of township residents to insure compliance with existing state law regarding contracting for law enforcement from the city police force. If you feel this is important and you want to see it continue make sure you’re at the annual meeting to give your support.

This won’t solve the problem permanently unless residents stay actively involved and continue to monitor the situation. Also, we all need to change our own behavior and slow down when we drive in this area. Remember we can best lead by example so remember to follow the rules… Slow down and drive safely!

Now that everyone has had a chance to remember how to drive again in Minnesota when the snow flies here’s a reminder of the guidelines for snowplowing township roads.

3. Widening and sanding roads will be done after all roads have been plowed at least once to allow use of the road.

4. Plows are not liable for any damage to fences on township property or mailboxes that are not up to US Postal Standards.

5. Cleaning snow away from mailboxes is the responsibility of the property owner.

6. Snow from private driveways may not be dumped on the township right-of-way. Adjacent landowners will be held liable for all damages and injuries incurred by snow piles pushed on the road right-of-way.

Just a reminder most roads in the township have a 66’ right of way with about 25 feet of that covered by the actual road surface. Generally speaking, the right of way extends 33 feet out from the center of the road so nothing should be placed in this public area including snow from your personal residence driveway, lawn clippings or other yard waste. Be a good citizen and take care of your own waste and snow properly, don’t make the rest of us pay for cleaning up your waste and snow.

Remember too, snowplows are LARGE HEAVY TRUCKS and they can’t stop on a dime nor can they maneuver as quickly as your car or passenger truck. Most of the time plows also have snow flying around making visibility for the driver difficult. Slow down and give them the respect they deserve! They don’t lose any battle with passenger vehicles and trying to win against them will only cost you money!

Now that we’ve taken care of all the “Official Stuff” about snow be sure to get out and enjoy the snow season by snowmobiling, cross country skiing, snow shoeing, ice fishing and all the other fun stuff us hardy cold weather fans enjoy!

It may be a little early to be talking about the annual meeting when it’s still almost four months away but there are a few things you need to be aware of now.

First, the actual meeting date is the same as it is every year… the second Tuesday in March. In 2004 that date will be March 9^th at 8pm.

Second, as usual, there will be an election held for two positions on the township board. One supervisor’s position will be up for election and that will be Jim Yurczyk’s position. The supervisor serves a three-year term. The other is the Town Clerk position currently held by Renee Smith. The Clerk serves a two -year term.

Candidates for the positions must file with the Township Clerk and can file beginning December 30^th, 2003 and the latest date to file is January 13^th.

The forms to file for either position should be requested from the Town Clerk, Renee Smith by phone at 320-356-7224, by mail at 16895 County Road 9, Avon, MN or by stopping to see Renee and picking up the forms in person.

Remember the deadlines! Think about it. Is it time you got involved in the township and contributed more then just your taxes to the community? Serving on the board is one way to become active and have a direct voice in what happens in your township’s future.

The Assessor’s Corner

The property tax in Minnesota is influenced through a variety of measures. One of the more common methods is the homestead classification. The purpose of this designation is to provide tax relief for most residential and agricultural property owners who meet specific requirements. Properties receiving the homestead classification generally have a lower tax burden when compared to other types or classes of property.

A homestead is considered to be either real or personal property that is occupied and used as a person’s place of residence. This home usually includes a house, outbuildings, land, and/or agricultural land.

To be eligible to receive a homestead, the property owner or qualified relative must: (1) be a Minnesota resident, (2) own the property or be related to the owner as to the extent prescribed in property tax law, and (3) occupy the property as the primary place of residence.

There is not a clear answer to this question because it is sometimes hard to prove or disprove when a residence becomes a home. In fact, there is no set number of days a property must be occupied to qualify as a primary residence. However, there are several indicators that may provide strong clues to the answer: (1) where the taxpayer is registered to vote, (2) where the taxpayer’s mail is delivered, (3) the address on the taxpayer’s driver’s license, (4) whether the taxpayer has lived in the home continuously, (5) whether the taxpayer continuously maintains the premises, (6) whether the taxpayer has any other residence in Minnesota that he/she can or does claim homestead, (7) whether the taxpayer applied for or received any Minnesota rent credits, (8) the address on the taxpayer’s motor vehicle registration, (9) where the taxpayer’s children, if any, attend school in Minnesota, (10) the address of the taxpayer’s income tax return, (11) the address on the

taxpayer’s hunting or fishing license, and (12) the location of the taxpayer’s place of work, if applicable. Information about some or all of these factors may help an assessor determine when a home is a primary residence. Yet, the responsibility to prove that a home is a primary residence ultimately rests with the taxpayer.

Does it matter when a property is occupied when determining the eligibility for homestead?

Depending upon the time of year when the property is occupied, the property may be classified as either a full-year homestead or a mid-year homestead. The full-year homestead classification is granted when a property is occupied by its owner or qualified relative on January 2^nd of the assessment year. The mid-year homestead classification is extended to a property when its owner or qualified relative occupies it by December 1^st of the assessment year and an application is submitted to the county assessor by December 15^th. Regardless of the two types of homestead, the resulting payable tax is calculated in the same manner.

Can a property owner receive benefits of the homestead classification in more than one place?

No, a person may have only one homestead and that must be his/her primary place of residence on January 2^nd. However, there are two exceptions to this rule: (1) when a person qualifies for a mid-year homestead on a sale property or on a property that has a newly constructed home resulting in a new primary place of residence, and (2) in certain spousal situations when one property is occupied by a married owner and another property is occupied by the owner’s spouse because of the following reasons: (a) marriage dissolution proceedings are pending, (b) the spouses are legally separated, (c) the spouse’s employment or self-employment location requires the spouse to have a separate homestead---the distance between the places of employment or self-employment must be at least 50 miles and this distance between homesteads must be at least 50 miles, and (d) other personal circumstances causing the spouses to live separately, not including the intent to obtain two homestead classifications.

To apply for the homestead classification, a person must complete a homestead application and submit it to the county assessor in a timely manner. This form may be requested by writing, e-mailing, calling, or visiting the county assessor’s office. It may also be downloaded from the Stearns County Assessor’s Office web site at www.co.stearns.mn.us/departments/assessor/. Once an application has been filed and approved, the property owner is not required to file a new application every year. Still, the assessor may at any time require a new application to verify the homestead status of a property.

If you have any questions regarding this information or suggestions for a future column, please contact us.

Stearns County Assessor’s Office; Administration Center, Room 37; 705 Courthouse Square; St. Cloud, MN 56303; Telephone: 320-656-3680 or e-mail: jeff.johnson@co.stearns.mn.us

22	Township Accessory Building Permits Issued
15	Township Driveway Permits Issued
5	Township Plats/Splits approved
4	Township Variances Granted
3	Township Certificates of Compliance Issued
2	Township Rezoning Requests Approved
2	Township City Annexation Requests Presented

15	County New Home Permits Issued
12	County Home Adtns/Acc Bldg Permits Issued
1	County Major Shoreland Alteration Permit Issued
1	County Mining Permits Issued in Township