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Home My WebLink AboutCC November 16, 1993 ,:'j 8 ," -.J ~ CITY of ANDOVER Regular City Council Meeting - November 16, 1993 Call to Order - 7:30 P.M, Resident Forum Agenda Approval Approval of Minutes Discussion Items 1, Home Health Care Week Proclamation 2. Assessment Hearing/89-18, Cont. 3. Adopt Assessment Roll/92-18, Cont, 4. Rezoning/Ashford Development/sec. 25 & 26, Cont, 5. Variance/1433 - 161st Avenue N.W. 6. Approve Annual Improveme~t Program Guidelines, Cont. 7. Option Agreement/Wasteco site Closed Meeting with Attorney Staff, Committees, Commissions 8. Accept Bids/Skid Steer L0ader 9. Approve 1994 Liquor and Cigarette Licenses 10. Approve Classification & Sale of Forfeit Lands 11. Accept Withdrawal of variance/J. Kunza/Crooked Lake Tire 12. Amend 1993 Budgets 13. Extend Acting Administrator's Temporary Salary 14. Approve TKDA Temporary City Engineer 15. Consider Reduction of ACCAP Assessments Non-Discussion Items 16, Release Escrow/Leeman La~e Estates 17. Approve Agreement/91-28/Grace Lutheran Church/Professional Bldg. 18. Accept Easements/159th Avenue/91-16 Mayor-Council Input Approval of Claims Adjournment CITY OF ANDOVER .' " REQUEST FOR COUNCIL ACfION DATE November 16, 1993 AGENDA 110. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Approval of Minutes ITEM r-o, Admin. BY: Approval of Minutes v. Volk ~~, The City Council is requested to approve the following minutes: November 2, 1993 Regular Meeting (Cont. from 11-2) Joint Meeting w/Junk Yard Task Force (Perry absent) Regular Meeting October 19, 1993 October 27, 1993 \ \....1 MOTION BY: SECOND BY: " TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE lJn'uomnor , t;. . lQQ"l AGENDA t\Q. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM t\Q, Admin. BY: Home Health Care Week Proclamation l ~ ' v. Volk~. /. Bob Loftus of Metro Home Health Care has requested a few minutes to present information to the Council regarding National Home Care Week. Attached is some information provided by him along with a proclamation proclaiming November 28th through December 4th as National Home Care Week. V:Attach. \....) MOTION BY: SECOND BY: '-- TO: 11/08/93 l7: l8 PAGE 03 METRO HOME HEALTH CARE/AT HOME SERVICES/REINFORCE , ) Celebrate Home Health Care the week of November 28 - December 4, '- 1993 '.-) ~) Each year a week is set aside to recognize all the women and men who provide clients with home care services. without their dedication many of the home care clients would not be able to remain at home. There will be an open house at the Loftus Centre in Coon Rapids on December 2, 1993 from 3:00pm until 6:00pm. This will be a time to say "thanks" to the Nurses, Aides, Homemakers, and Therapists with recognizations, prizes and refreshments. Employees, clients, and friends are invited. This year Metro Bome Health Care is also celebrating its 16th anniversary in the home care field. There has been a lot of changes and growth over the years and Metro feels that it continues to be a leader in this industry. Numerous people have been able to stay at home because of the assistance from the agency. Many have been able to be totally independent after some service. Through the hospice program many people have spent their dying days in the comfort of their home with family and friends. Many people have been with the agency for years, enabling them to remain at home despite handicaps. Metro Home Health Care has ohampioned the oauses of the elderly, sick and handicapped over the years. Bob Loftus has spoken to many local, state and national leaders about home care needs and haa been successful in obtaining the necessary services for them to remain at home. Metro Home Health Care has continued to be a viable choice for home care because of the dedioated staff. Metro Home Health Care has taken pride in the nurses, aides, homemakers, and therapists on staff. They spend many hours servicing and making sure needs are met. Many of the staff. go the extra mile and do the "extras" without many "thank you's", It is our hope that during Home Care Week the clients and families take time to say thank I s to their workers. We also want to take time to thank the Physicians for their support and hours signing forms so that their patients can be home. For home care to succeed, there must be a team effort. Metro Home Health Care has fostered this over the years. Home Care will continue to grow. We look forward to a continued staff that 18 dedicated and caring_ !-'..\,,,E 04 ~J BOW TO CHOOSE THE RIGHT HOME HEALTH CARE AGI!:HCY Metro Home Health Care, Inc. has served the community since 1978. It was one of the first private not-for-profit agencies in the State of Minnesota to service Medicare clients. IS THE AGI!:NCY MEDICARE CERTIFIED? Metro Home Health Care, Inc. has been certified by Medicare since September of 1978. IS THE AGENCY LICENSED? Metro Home Health Care, Inc. has been licensed by the State of Minnesota since it inception. IS THERE A DESCRIPTION OF THE SERVICES AVAILABLE? Agency brochures describe what services are available, eligibility for Medicare, Medicaid, Personal Care Attendants, Homemaker/Chore, c ) Private pay Services and County eligible programs. '- HOW ARE THE POTENTIAL EMPLOYEES SCREENED? Every potential employee goes through reference checks, checking of skills and past employment practices. All employees are bonded and covered by workers comp and unemployment. The agency is an equal opportunity employer. ARE ASSESSMENTS DONE ON ~HE CLIENT? All potential clients are assessed for home care needs. Appropriate services are recommended. The individual has the right to refuse any or all services. The assessment is done in consultation with the person's physician and/or family. Advance directives are discussed at this time. IS A PLAN OP CARE DEVELOPBD? . "- ,.-J A Plan of Care is developed with the patient and other involved individuals. This is reviewed monthly by the supervisory personnel along with the client. Specific duties are spelled out in the Plan of Care. -lliUoi':l.:l 1-/:10 PAGE 05 (J 18 THE FAMILY INVOLVED IN THE PLAR OF CARE? The family is involved in the assessment and in an expanded understanding of the Plan of Care as they desire. The agency encourages communication as the basis of quality home care. L8 A COlfTRACT SIGNED FOR SERVICES AND THE CHARGES i'BEREIN? A contract is signed with each person who needs home care services so as to clarify the source of payment for these services and the cost, if any to the individual. The agency is also made aware of what and how often the services will be delivered. Prior authorizations are secured as needed. Metro Home Health Care, Inc. is a provider of service for UCare, Blue Cross and Blue Shield of Minnesota, Medicare, Medicaid, county pre-admission programs, county homemaker, chore and cleaning programs and for Personal Care Attendants. ARB aT~ SERVICES SUPERVISED? ~ All services are regularly supervised and the client is made aware at the time of the assessment how often the supervisor will come. This is a time to answer nay concerns the person may have. The client is encouraged to call the office as soon as the concern arises rather than waiting for the supervisory time. IS EMERGENCY STAFFING AVAILABLE? Emergency staffing is available by calling the agency telephone during or after hours. When the office is closed, a recorded message gives telephone numbers of the on call staff person. ARE THE STAFF TRAINBD IN CLIENT COJFIDBRTIALITY? All the staff of the agency are trained in client confidentiality at the time of orientation. WHAT HAPPENS IF THE CLIENT EXHAUSTS THEIR RESOURCES? o Metro Home Health Care, Inc. has contracts with the Greater Metro area counties to deliver needed services for those who have exhausted their resources. The agency is able to assist the client to become Medical Assistant eligible. The client is informed as the payor sources change. Their ability to pay for private services is discussed. '~ PROCLAMATION Andover citizens of all ages and economic levels are concerned about high- quality, affordable, long-term health care, Home care provides a wide range of these needed health and supportive services to the il~ elderly, disabled and infirm in their own homes. The concept of home care is the oldest and most enduring I. tradition of health service delivery in the United States of America. Surveys show that most people prefer to receive medical care and related supportive services in their own homes. There is also a significant and growing body of evidence that home care services stimulate quicker and fuller recoveries and improvements than comparable services within institutions. Home care allows our disabled and chronically ill citizens of all ages to remain with their loved ones in surroundings that are familiar and comfortable. In so doing, home care helps preserve one of the country's most important social values, keeping families together. o As our citizens require more in-home care, Andover home care agencies are meeting that challenge. Home care agencies are providing services ranging from assistance with personal care to high-tech intravenous drug therapies. With rapidly rising health care costs, home care offers a practical means of providing health care and related services to those who desperately need them. By offering these services in the home, we can treat our elderly, disabled, and chronically ill population comfortable, cost-effectively, and with high-quality, individualized health care and supportive services. Now, therefore, the City Council of the City of Andover does hereby proclaim November 28 through December 4, 1993, as HOME CARE WEEK. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Andover to be affixed this 16th day of November, 1993. o J. E. McKelvey, Mayor CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 16, 1993 Discussion Item Todd J. Haas, Engineer~ APPROVED FOR AGENDA AGENDA r-D. SECTION ORIGINATING DEPARTMENT ITEM r-D. Assessment Hearing/89-18, Cont. BY: ;? The City Council is requested to continue the assessment hearing, project 89-18, from the last meeting of November 2, 1993. The item was tabled at the direction of the Council to make adjustments on the interest to Hubert Smith and Tony Emmerich. Attached is the resolution the Council is recommended to approve. ~-- ) MOTION BY: SECOND BY: " ., , '- I TO: ~ \ ~-~ ~~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM DRAINAGE FOR IMPROVEMENT PROJECT 89-18 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of storm drainage NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1994 and shall bear interest at the rate of 5.5 percent per annum from ~date of the adoption of this assessment resolution. To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be chargee if the entire assessment is paid within 30 days from the adoption of the resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. I MOTION seconded by Councilmember and adopted by meeting this 16th day of the City Council at a regular November 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk mv 11 '93 14: 15 Tf<DA 8< ASSOC., HIe. 292-0083 _ : ~ g ....... i~ ~ i ~l~ ~ i~ h = ;" ~!! I ~I ~~ i !I ~ b ~I ! ~.g ~ -~ Ig ~ ..!~ f3 ~.~ j~ ~ i I ~ :i a. II 9 ~ ~!; ~ ~ I ~ ~ ;: ~. ~ ~ a. ~ ~ ~ ~ i m f i ~ ... 2" IP .N ~ 8 , '\ '--) - -, I \.J i I II 119 119 ~ .~ ~ ~ ~ ~ ~ I ~ ~ ~ I : ., .U1 ~ -..I ~ ... ~ ~ ~I ~ j ~~ ~~~ iE!~ i"1 i I i~ ill i~~~ ~ ... ~ i~~ j~ ~ 0) sr . . "'0) So > rr~' t 9 ~ i l So i. i i Iff ~ ~ ... o o!>> 0) i ~ ~ g : - I I ~ ~ i I I I oM 13,~ t1 ~ ~ 15 :: C1.~ :;;: '" i ~ ~ ~ ... ~ - en ~ ~ ~ ~ g o 000 p g 888 8 ., ~ ~ m ;; ~ i ~ ~ ~ 1:;; ~ ~ ~ ~ N.;-" i I ~ i ~ !=' 8 !=' 8 ~ ~ ... N ~ ~ ... N ~ ~ ~ i i z I~ I i f I P.2 ~~ ;B ~~ i ~~ ~ Z~ >0 Zeo ~ mcp M Q(i; ~ " I ~ ~ ~ it ~ ~ N I I ~ ~ ~ l8 .;-" m ~ U1 ~ ~ ~ U1 P ... 8 ~ ... !! ,g ~ ~ & ~ ::J .~ ~J " \ .'J SMITH - ~IN NO. 34-32-24-44-0002 89-18 STOaM SEKmR From 89-18: P~eviou8ly paid by the City ot Andover bu~ no~ aases8ed: 0.54 Aore8 (Trunk) 0,54 Acres (Lateral) $500,87 + $184.62 Intere8t* - $l,246,i! + $0,00 Interest - Coon Rapids Credit from previous off-trunk aesessmant8 0,04 S $2,928,12/Aore - TOTAL from Current 89-18 Assessment: 0,20 Acres (Trunk) m $1,039.48/Acre - 0.20 Aores (Lateral) m $2, 928.12/Acre - Total 89-18 Assessment . Interest 7.76' from 1-8~ to 10-93 E'd E800-262 ")NI ")OSS~ ~ ~a~l Lr:O, 26, " AON $68.5,49 ~1.2~6.94 $1,932,43 - IS1. ~81 18\ $351.25 $207.90 585.62 $1,144.77 ~) o \--.J Bg-18 STORM SEWER ~CKO MOOgS - LOTS 1, 2, 3, 4, 5, 6, .LOC~ 1 AND ~8 1, 2, 3, (, 5, 6, BLOCK 2 From 99-18 - Previou!ly Paid by the City of Andover but not a!!essed: 2,59 Acres (Trunk) 2.59 Acres (Lateral) $2,393.05 + $882.0B Interest. - ia,957 61 + $0.00 Interest - Coon Rapids Credit from ~revious off-trunk assessments 1,48 Aores - $2,928.12/Aore Total 99-18 Assessment ~4.A~9612 _ 12 Lots * Interest - 7.76' frQm 1-89 to 10-93 l"d E800-262 $3,275,13 5.957 61 $9,232,74 -($4.3~3,6~) $4,899.12 $40B.26!Onit '~~I ('~OSS~ ~ ~a~l LI':Ot E6, tt ^O~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 16, 1993 Discussion Item Todd J. Haas, Engineer:~y ? APPROVED FOR AGENDA AGENDA 1\0. SECTION ORIGINATING DEPARTMENT ITEM 1\0. Adopt Assessment Roll/92-18, Cont BY: .,,3. The city Council is requested to approve the resolution adopting the assessment roll for the improvement of sanitary sewer, storm sewer, watermain and streets, project 92-18, Jay Street. This item is on the agenda to allow staff to prepare the resolution. At the last meeting a public hearing was held and the public hearing was closed. Hubert Smith told the ,City Council at the last meeting that the assessments as presented are acceptable. Others that benefit concur with the assessments. See attached. '-- MOTION BY: SECOND BY: '- TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. i \ \~ MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER, WATERMAIN AND STREETS FOR IMPROVEMENT PROJECT 92-18 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of sanitary sewer, storm sewer, watermain and streets. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. , '1 \J 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1994 and shall bear interest at the rate of 5.5 percent per annum from ~date of the adoption of this assessment resolution. To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1995. To each subsequent installment when due shall be added interest for one year on all unpaid installments. , 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paiq within 30 days from the adoption of the resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of ,the next succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th day of November , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER , " \ . I '-.../ ATTEST: J. E. McKelvey - Mayor Victor~a Volk - City Clerk PRELIMINARY ASSESSMENT ROLL PROJECT 92-18 .~ RECOMMENDED UNIT PIN jj: LEGAL/OWNER ASSESSMENT 34-32-24-43-0001 Lot 5 Watt's Garden Acres $9,259,76 (Hurst's) 34 32 24 43 0008 Lot 4, Block 1 Pheasant Meadows $6,291. 71 34 32 24 43 0009 Lot 5, Block 1 pheasant Meadows $6,291. 71 34 32 24 43 0010 Lot 6, Block 1 Pheasant Meadows $6,291. 71 34 32 24 43 0011 Lot 7, Block 1 Pheasant Meadows $6,291. 71 Lot 8, Block 3 Emerald Glen $6,763.43 Lot 9, Block 3 Emerald Glen $6,763,43 Lot 10, Block 3 Emerald Glen $6,763.43 Lot 11, Block 3 Emerald Glen $6,763.43 Lot 12, Block 1 Emerald Glen $6,763.43 Lot 13, Block 1 Emerald Glen $6,763.43 .:~ Lot 14, Block 1 Emerald Glen $6,763.43 34 32 24 44 0002 Hubert Smith/13309 Jay st NW $7,223.03 Lot 1, Block 1 Echo Woods $7,218.00 Lot 2, Block 1 Echo Woods $7,218,00 Lot 3, Block 1 Echo Woods $7,218.00 Lot 4, Block 1 Echo Woods $7,218.00 Lot 5, Block 1 Echo Woods $7,218.00 Lot 6, Block 1 Echo Woods $7,218,00 ,. Lots 1-6, Block 2 (6 x $7,218.00) $43,308.00 ---------- $175,609.64 +$22,141.36 (City'S Share) -------------- TOTAL $197,751.00 , i '~...._-'/ 7556311 P.02 ~J RECEIVED NOY 9 1993 " CITY OF ANDOVER RE: Special Assessment Hearing For Project: Echo woods Project 92 - 18 Whereas we as owners and developers of the above mentioned property agree with the proposed assessments. We hereby waive the pUblic hearing and waive our right to appeal. / ') \J Ridge Partnership J. Emrner1C Its: Partner "~) 12 -18 C) " November 2, 1993 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA nEC.EIVED NOV 2 1993 CITY OF ANDOVER Honorable Mayor, city of Andover / ') \....- We, Kurt W. Hurst and Susan D, Hurst, as legal owners of Lot 5, Watt's Garden Acres, Anoka County, Minnesota, request that the assessments for Improvement Project No, 92-18, pertaining exclusively to unit assessments abutting Jay Street N.W, in the proposed amount of $9,259.76, be levied at this time. We choose to waive only this portion of resolution No. R 093-93 deferring assessments on our property for Improvement Projects 92-10 and 92-18. Any and all other assessments on the property, pertaining to projects 92-18 and 92-10, shall be in compliance with resolution No, R 093-93 or easement grants made by the Hurst's and the City of Andover, Sincerely, ~L0.~ ~ ryV. '1..iu-1:4t Kurt W. Hurst Susan 0, Hurst CJ 9z -Ie o November 2, 1993 RECEIVED " NOV 2 1993 CITY Of ANUOVER Mr, Daryl E. Sulander Acting City Adminstrator 1685 Crosstown 3lvd. Andover, MN 55304 Dear Mr. Sulander, Ashford Development Corporation, Inc. and Shamrock Builders, Inc, would agree to accept a per lot agreement of $6,763.43 for lots 8,9,10,11,12,13 and 14, Block 3, Emerald Glen. Our acceptance of the above number is based upon the understanding that this would be the final assessment for these lots and that no additi<:lnal assessment would be made. Based upon the above we hereby waive the right to a public hearing and accept the assessments. '\ o Sincerely, 7-v'W~ Jerry Windschitl Aierd::v~or~oration Jim Statnten Shamrock Builders, Inc. <J , ., o ~J :J 11/02/93 1-1: Oi F.il 612 is-l 9136 i4J 0011 001 HOK..\..'~SO" ...... .-L'iDOYER , ~ ..-.....t:..; j,\ ~\ ..~~~ r.l~\!r-1 C~.ot\;arN~'" j~~t.1'Y~ r~'~~.~i"'_\l,!~,,"1;.t i...p'..... -.i C,,- '-""~ ~\.~:::'~"4~" ~ I ~.;.:~,~:\ HOKANSON DEVELOPMENT~ INC. HOKANSON DEVELOPMENL INC. HOKANSON DEVELOPMEN I, INC. 12--/8 " " Hokanson Development concurs with the unit method of assessments for the properties adjacent to Jay street in the Pheasant Meadows Addition as most recently proposed. signed 9174 Isanti Street N.E" Blaine, Minnesota 55449 (612) 786--3130' Fax (612) 784~9136 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 16, 1993 AGENDA SECTION NQ Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM f\O. Rezoning - Crown pointe and Other - R-1 to R-4 Ashford Development Corp. Planning~ BY: 4. David L. Carlberg City Planner REQUEST The Andover City Council tabled this item at the October 5, 1993 meeting. The Council chose to table the item until a response had been received from the Environmental Quality Board on the need for an Environmental Assessment Worksheet (EAW) and to await an indication from the Metropolitan Council on the Metropolitan Urban Service Area (MUSA) status. The Council should be aware of the following: '~ 1. The City on November 9, 1993 received correspondence from the EQB regarding the petition request of area residents for an EAW on the site (documentation enclosed). The City according to the Environmental Review Program, 4410.1100, Petition Process, has thirty (30) days from the date of receipt of the petitiDn to decide on the need for an EAW. The City must base the decision on the information that is submitted and presented by the petitioners. The City shall order an EAW if the evidence presented demonstrates that because of the nature or the location of the proposed project, the project may have the potential for significant environmental effects. The City shall deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental effects. The City shall maintain a record, including findings of fact, on the decision on the need for an EAW. Attached for Council review is 4410.1100, Petition Process. Please note that the City shall notify, within five (5) days of its decision, the proposer, the EQB and the petitioner's representative of its decision. MOTION BY: SECOND BY: TO: o u ~) Page Two Rezoning - Crowne Pointe & Other Ashford Development Corp. City Council Meeting November 16, 1993 2. The Metropolitan Council has submitted a letter to the City indicating a decision will be made on the MUSA status by December 31, 1993. This date is when the 90 day required review period expires, The Council should be aware that the Metropolitan Council may require modifications to the amendment submitted by the City. The amendment may not be put into effect until the Metropolitan Council approves the modifications. 3. The Council should be aware that action must be taken on the rezoning application within 60 days following referral by the Planning Commission. Such action may consist of approval, denial or referral of the item back to the Planning and Zoning Commission. The deadline for such action shall expire on December 3, 1993. If referred back to the Planning Commission, it must be reviewed and returned to the City Council within 30 days. The Planning and zoning Commission on september 14, 1993 made the recommendation to the City Council to approve the rezoning request. Attached is a resolution which reflects the Commission's recommendation. (II \... :J '-...) November 5, 1993 Victoria Volk, City Clerk City of Andover Andover City Hall .1685 Crosstown Boulevard N.W. , Andover, MN 55304 RECEIVED NOV 9 1993 CITY Ur MI'wuVER RE: Petition for an Environmental Assessment Worksheet (EA W) for Ashford Development Subdivision Dear Mr. Volk: The Environmental Quality Board (EQB) has received a petition requesting that an EA W be prepared on the project described in the petition, and has determined that the City of Andover is the appropriate governmental unit to decide the need for an EA W. The requirements for environmental review, including the preparation of an EA W, can be found in the Minnesota Rules, parts 4410.0200 to 4410.7800. Please contact me if you do not have access to these rules, The procedures to be followed in making the EA W decision are set forth in part 4410.1100. Key points in the procedures include: 1. No final government approvals may be given to the project named in the petitions, nor may construction on the project be started until the need for an EA W has been determined. Project construction includes any activities which directly affect the environment, including preparation of land. If the decision is to prepare an EA W, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (see part 4410.3100.) 2. A first step in making the decision regarding the need for an EA W would be to compare the project to the mandatory EA W, EIS and Exemption categories listed in parts 4410.4300, 4410.4400, and 4410.4600, respectively. If the project should fall under any of these categories, environmental review is automatically required or prohibited. If this should be the case, proceed accordingly. 3. If preparation of an EA W is neither mandatory nor exempted, the City of Andover has the option to prepare an EA W. The standard to be used to decide if an EA W should be done is given in part 4410.1100, subp. 6, Note that this requires that a record of decision including specific findings of fact be maintained. .. c- 1.& c- o- c- '" 4. You are allowed 30 working days (Saturdays, Sundays and holidays do not count) for your decision if it will be made by a council, board, or other body which meets only periodically, or 15 working days if it will be made by a single individual. You may request an extra 15 days from EQB if the decision will be made by an individual. ...- ..., CO" ..., , - a- ... ... '" c: c: ... , ... = o INVIRONMINrAl OUAlIfY 8mo m elDAR mllI, Sf. PAUl, MN 55155 m 298-2803 lAX 812 298-3898 mil PRoYIDID BY m PlANNING = = - November 5, 1993 ~~ Page Two 5, You must notify, in writing, the proposer, the petitioners' representative and the EQB of your decision within five working days. I would appreciate your sending a copy of your record of decision on the petition along with notification of your decision for our records. This is not required, however. 6, If for any reason you are unable to act on the petitions at this time (e.g., no application has yet been filed or the application has been withdrawn), the petitions will remain in effect for a period of one year, and must be acted upon prior to any final decision concerning the project identified in the petition. Notice of the petitions and its assignment to your unit of government will be published in the EOB Monitor on November 22, 1993. If you have any questions or need any assistance, please do not hesitate to call. The phone number is (612) 296-8253 or you may call on our toll-free line by dialing 1-800- 657-3794. "-) Sincerely, ~ ~~~ Greggff'lwning r Environmental Review Coordinator cc: Paul and Linda Mazzei, Richard Fuller 'J ~ \~ '-...) ," September 10, 1993 Minnesota Environmental Quality Board Centennial Office Building St. Paul, MN 55101 Dear Board: Enclosed for filing please find a citizen's petition requesting an Environmental Assessment Worksheet in connection with action proposed by the Ashford Development Company to the City of Andover. Copies have been mailed to the Ashford Development Co., the City of Andover, and the Anoka County Soil and Water Conservation District. Sincerely, ~ Richard . Fuller Mansfield & Tanick 1560 International Center 900 Second Ave. S. Minneapolis, MN 55402-3383 (612) 339-4295 cc: Ashford Development Co. Andover City Clerk Anoka County Soil & Water Conservation District C-.J 1Y(l/~~ ~~~ C(~ 1.kvL epaA~rud ~ ~ )t fJaal, 'tYhr.- 5510/ .\ \.J IdMAJ ~ 6~L~de~~~1:. ~y.I(~.d0~~~ ~ ~ 1. ~ P.ud'~ ad (1~ jJ~ ~ av~&4dct ~~~dlr~a1~.~ ~~i~~tk~#a4CL ~dc/ !t ~ el~ r a !ho~ d/ 1l1~ / /~ /3~ 91. or jJ CL I1Uf 1 &~ ~ rh e~;1~ ~~~P~;ak~ ~..~ (/~' "....,"-- 'p '\ . ~ \ ".- ".ro-1 ). J(':-::? .,': \ ...' \: ,,-.:71>~1,;~ \ ~ ....., '~). .~ .~. I ( "'''''.~! .,.,"'...." / Co . j..'\.~ .........~~.-j;.\.' _ "v..v C t\.~--l\,~v;.{ ~0J~' \, ' Q\.iJ;.:\.\' . "'~..~. . ...-/ ..~: .' ../ -~.l,J",~'...J,.~ _4- J~ (~ ~.J PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET Pursuant to MINN. STAT. ~ 116D.04, and Minnesota Rules ~ 4410.100, the undersigned hereby petition the Environmental Quality Board of the State of Minnesota, the City of Andover, and the Anoka County Soil and Water Conservation District, to require the Ashford Development Company to prepare a an Environmental Assessment Worksheet with regard to the following project. A DESCRIPTION OF PROmCf The Planning and Zoning Commission of the City of Andover will review the rezoning request of Ashford Development Corporation, Inc., to rezone property located in the Southwest Quarter of the Southwest Quarter of Section 25 and the Southeast Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota from R-1, Single Family Rural to R-4, Single Family Urban for the purpose of subdividing the property and constructing single family homes, The property is generally located south of Andover Boulevard and east of the Burlington Northern Railroad tracks, and west of Prairie Road. B. PROPOSER OF THE PROmCf .~ Ashford Development Corporation, Inc. 3640 152nd Lane NW Andover, MN 55304 Tel: (612) 427-9217 REPRESENTATIVE OF PETITIONERS c. Paul and Linda Mazzei 935 Andover Blvd. NW Andover, MN 55304 Tel: (612) i3'1-fu5W D. ENVIRONMENTAL EFFECfS OF PROmCf -. - The proposed project will result in high density urban development of a currently rural area, a significant portion of which occupies the formally designated flood plain of the Coon Creek Watershed in Anoka County, Such high density development will alter current drainage patterns in the watershed and flood plain. Rainwater runoff can be expected to adversely effect water quality in Coon Creek and the Mississippi River. The area proposed to be developed is located in the vicinity of Bunker Prairie Park, which contains the state's largest remaining stand of virgin buffalo grass prairie (an endangered plant life species) and associated wildlife. Increased traffic from high density urban development can be expected to increase air pollution, dust, and noise, adversely affecting wildlife in the immediate area as well as increasing traffic ,~ (j .. \ J , ~" ~J . . , congestion and endangering pedestrian traffic in more removed areas and contribut- ing to local air pollution. In witness whereof the following residents have hereunto set their signatures below. ~(173' .. paul11azz~~ 935 Andover Blvd. Andover, 11N 55304 Dated: ~r L ~ ~ Li da 11a~ ~ ~ -31-93 935 Andover Blvd. Andover, 11N 55304 13948 Prairie Rd. Andover, 11N 55304 Dated: ci}-.,l \ <1. ~ pe~~ 13948 Prairie Rd. Andover, MN 55304 Dated: 7/6/93 ~~/;dA~1. ~ d.n ////1./ ?J1>J -11, Vict01;ja F~ller -L Pi/... .)1/. 1f'...dJ./'lMd rJ~ Dated: Cj- ~ - ~ 9~ (j )A~Y\-' ::JU.).,/E AD/-Ji"v150;V ! Dated: i"I ~ 1-/r--,:?> ./ cdJ JT0-155 J..J... '--Of? JJ ~ "'AI..? Jo3"/. C/9/?f?, 12900 Harper St. NE Blaine, MN q4;( LaAUtS'-feY LA ;1..A..o..p le.- to n, v< MN S- 5";5-b 7' 3"1GC 1~'14,^ L",...e /-J......:; A".,~o"er f"\tv 5'53u'f 7!';-' ('i 1;J!; fi 1/[ Jl/I,)/ - /-1 "~ve..r- PlI'1. 7'5)0'/ ::~ Dated: ~-51-~ ~p~ 5E/-lN ;:: PJ/9ZZC/ (fA.at d, ~~. I; /1yJ , tt--u u _M~(~ Dated: ~3) /qe ,JJoAMR (] ~ --::David C. oyud : \ \J D4f~ y; l'i'p.7 . ~~~ ~~~~ ZJ/c;~e, /Jp, Vr-cn- ~d Dated: i Lj I .J .(/ " V Dated: -lbndB ~~ Ktj4/IL- 4Yil/h'iDl!- J . tq;;rJ Drfd: ~ ~'::4 . )" _1-)_)~ o!<.,Of1 So/be!:!] Dated:' I r /' tjear7 ~ C!Yc.r {'lev 9-tf-9U ~Jor:J(Jc", 7;JJ) A~~J.. rP/>~-G18/~ ci I ~ckc^<...-\... jVt,v^'" I 71-5'-15 (Jo-t>>u p. Y/.Lu. /J-ydcrv-eJu /4Isy's~,/Jw ~ I'/Si{o ?a.t-lN! 5r N.w, ,4vJ ,) Oel ,c;,.e / JM AI, S;-S 3 0 1 j~5-LfO fliLtrl 7[. (lftu If-I'VOOIff.r, mN T5'3uL( J4b55 Pal\d\ st ~CJ\)~ VY\(\ 55367 I~l ss- -PQJrn .slr~e--{- !JcJ ,qr:d~ m rU I ' C) I :J " \ "'-J 1'I7~5" IlltJYJ 9;l'PeT /lU/ 11 ;VlJo V6((./ I11A/. <<90 It" '--- ~vJ <:::;",,;3oLj Dated: 9-4 - 13 r'JU:;t 1fd..ub Che (/f/chClrd~ 930 /Lf 8bJ ;V uJ ~ /ll-n, 5.530,-/ / Dated: q '-{'7-- /<.;~f-L, La'\'; ~ IJ.<-u. A .udc.J ,) e}-, (/1-1 IV . S-' ~ 0 '1 q....4~q3 ~~~ Lyle. LwIJ a",,'sr Dated: '1-1-1.3 ,(d'~~/jt ){ a Yt-Icen;f J...1t. 'of;t)51 9 ;I~-- /fp'A it /)~ ;t/ j;J/ /!/}do)/tr 1ll;J/ 2~c.3tJf ) .' . . 'j , ....../' ~J '\ U . ~,. ~ .... J' ." I' /1701 5{ca.T'lCfe.., S-f-, AJ,l,0 . ILfG5tJ' ~-z tecj) 5l:'-;:>T t' '1 ~' 5"0 /L/?tA L1-1. ;V,W. " -b~ Dated~ii7~ ) ~1~ .j~f,~ 5<//"4"-''''''"'''''' B<"'I:> ,#',4/. ~t- : ~l.; ~~ Dated: f/ ~ '1'] ~"- aft:- [,i'f !/NOOV(Ju'5I-Uofi}J LYNN C/-J/1. . Zb ~::<T; ~ ti !oM tLJ~ /~~ .:~ . '\ \...J , '\ o STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) Richard Fuller, of the City of Andover, County of Anoka, in the State of Minnesota, being duly sworn, says that on the 10th day of September, 1993, he served the annexed Petition for Environmental Assessment Worksheet on Ashford Development Co., City of Andover, and Anoka County Soil and Water Conservation District by mailing to them copies thereof, inclosed in an envelope, postage prepaid, and by depositing same in the post office at Minneapolis, Minnesota, addressed as follows: City Clerk Andover City Hall 1685 NW Crosstown Blvd. Andover, MN 55304 Anoka County Soil & Water Conservation District 11931 Central Ave. NE Blaine, MN 55434 Ashford Development 3640 152nd Lane NW Andover, MN 55304 PJc6f!d~ Subscribed and sworn to pefore me this /~day of ~ 1993. ~J~ I Notary Public @"'MARCIAL.MILLER , .!! . NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My CommissIon Exp. AUQ. 2. 1994 '\ <J , '\ \.~ ':.J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a pubric hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, September 14, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the rezoning request of Ashford Development Corporation, Inc. to rezone property located in the Southwest Quarter of the southwest Quarter of Section 25 and the Southeast Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota from R-1, Single Family Rural to R-4, Single Family Urban for the purpose of subdividing the property and constructing single family homes. The property is'generally located south of Andover Bou~evard and east of the Burlington Northern Railroad tracks, and west of prairie Road. All written and verbal comments will be received at that ti;ne and location. A copy of the application and location will be available at the Andover City Hall for review prior to said meeting. J~~ ;fJt vlctoria Yolk, City Clerk publication dates: September 3, 1993 September 10, 1993 . '- ~-''f '-'''>:Jif -- . - _u___~__~__,\~_1 _ T,,-:- _) , l d;' . ':\ ',~ '.:\ \ \___r.,,-. 0,., ~ ( , ~ Ds';i'-:-1 Po ".,......, --~ ',-,~' ,:'.I~~;': t-~"w l -' II ~J I ~- - I )6 .:0--;;; I'" rP- l[ c J ' :4: ~~: ~~~ ~ ~~,~:r~" I'~" ~IJ . ''-." '. ~ ,," ' j,,~. :;);, "'f.-+\;;; ~ if ' ~ , ~/,::'"Hl~~;;"::J[j,_. /" / / ! Ii it ',,-t.. ",.: ~ :: ~, I .' II ' ',i--T- "<'4 ~ AK' 2 / t ...... \ ~ ~~. ~~4..'''::'; N:.~. ';.: :;;\1( '. / I '. ~ARNis RCJ.3if.!lj/NG/i[\,' " , -: ~JJJ~2E:N?\~;~ 'V>~/A~7 t '<y.~, ..~~' ; WD~lJ,. tJ.- ;,' . ',;- c z, ,-, ./ ~ r>-"'P" .........., _, . '-,.':::: K5t=.. \ -" "-, " '.. :...-:" " PARK ';:j, , < = I r. . " J , i ' "";""'5 ,.--:;-- 'I' I" ---t;c'- :. -~~. 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" ,,"'I "';J.,., 51.! l'X:]iR!' ~ _ _ I t) 1.ll,J~~R h \L.~5 ' ~/,r..5.'_ ~ I I J ", .,,~ " , " I' \.0 ~ ~lilJ/16' 6, 2- ~.j I:BUNKER.....24 7'y::::;: IS I': . ~ :: Ii' au . ~",d':3"'",~, -;;-:"',,:,d,.J7df~J~'~~.t~ " f'nru~\ ,;q~D P"t\\~l;:: ,r , , 1 r.~~'JfeH/" lI: I r.." / O(J:lr7f:G~l"-i'i ' ~ .'. I 51' ~ "4!J!}jHE.,z,~,J;l'I'I>I4A""":"g:,~'~"'~ ;p.! I; KE')'T!)~l\~o\:i f'\OE1'> _........ 'I..J I 1.......\ ",12 I .1 --'-n~""""""" I. ,,~r':"'3-=.1h.4 .,....,,,,\.., _--.... - :;/)-....: I':"JyI41l~1~'1115i4 3 '11111'ilSi~~2:! IOj ~ ~~!I ".....~ I _ ___ I I, i/5/[D.. . ,,~,"...... ~ B"':'. i I ~ ~'" ' , ~ ..:!..o,mtg:{, 7 .J I, '1.)'." I';. ~" '81~~'" '~2,NP] ~ it! ~ llA. '-.... 'I' I '"."~" '\-;~ft;l:~~..~,T./;;bI?";:c.:i'P;\''1r-:A'2~~' l:' ,/' .' " "'J:"- I "~ .:..Jl ". """"" -,.,....... 1 . / If, I (- ') r-:- , ,.."." NB I~~~, 1.J.i~ ~', LI. ... .!.' Jt.. -' i. 1 '-u -"~lfr":I':~ ;'1-1 c~; ~~X~. ;,j' l) C~l,' BL'U:::~/~ --'~ : Z'Oc:f.::iii.;;;i'ii ",.... ..' ~ ~ / I'~" "":h l jr,..._ ........ .....tii;.,........ .......;C"i..,!iT(.':J_,2< i ~'"""" . . . (\~~~,;.~t.~ \:'/'~,i::'~,L:;~);cr'i, fe,>;. ',:" '. ,,~ .. __~ .'lr*. ! ,.... ............,-"...,',...,.,..'/,..'.......'.. .........,.. ..',.". .C::'.:, ~ , ." ',~ 10-27-1993 13:10 . 6i2625 1738 U of MN Plant Biolos~ P.01 To: Linda Mazzei FA'/. :II sq From: Anita Cholewa Dept, of Plant Biology Univ. of Minnesota, St,P. A few of the plants you sent were not in a state that they could be identified, The names of the remaining are , ) '-..../ blazing star -- Liatris aspera or L. ligulistylis (difficult to distinguish without flowers) little bluestem -- Sch1zachyrium scoparium hairy gramma grasB -- Bouteloua hirsuta junegrass -- Koeleria macrantha quack grass -- Elytrigia repens (used to be called Agropyron repens) hedeoma -- Hedeoma hispidum smooth brome -- Bromus inermis false heather -- Hudsonia tomentosa sand dropBeed -- Sporobolus cryptandruB smooth crabgrass -- Digitaria 1schaemum three-awn -- Aristida baairamea ~,three-awn -- Aristida tuberculosa (State Special Concern List) Indian grass -- Sorghastrum nutans switch grass -- Panicum virgatum goldenaster -- Chrysops is villosa grey goldenrod -- Solidago nemoralis purple prairie-clover -- Dalea purpurea prairie larkspur -- Delphinium virescens flat-topped goldenrod -- Euthamnia graminifolia thimbleweed -- Anemone cylindrica red Borrel -- Rumex acetosella Canada wild rye -- ElymUB canadensis witch grass -- Panicum capillare round-leaved dogwood -- Cornus rugosa sedge -- Carex foenea sedge -- Carex sp. smooth agalinus -- Agalinis purpurea lichen -- Cladonia sp. '\ \,,J A {( Sp,eclYYle.Y\5 It'sfd {lbOi/~ pre from su?/ecl a ye~ ' ()rJ{orf"nale/~ title to hme of season as 6ft:Zferl abOi/e - some. eould fJof be, /c!e.nt:/,eJ pond rille To (J()sf 5Dn1e had -to be clI5&i~J. .'.... ,;,.;::~:::~~&':.~, ):~rocess for -J s..all be :~e :~resholds of ;00 0r any of the be prepared: . part 4410.4600 ! :ri:1 over the ~ ~at.'Jre or have the pHt 4410.4600 Jri:y over a _tion process set :ure or location po:ential for . because of the ':'o:-=:c:. may have -:ct;; (this item '" ~a": 4410.4600 "Jit~ approval ;at:.ve or in ~~~ concerning ~te environmental ~ai :or ions. ~ul~i?le ': :"" -"', ace ji( j in total ::i...-!'AW', and -:-re :.: is not "::c::,:po::e:::.s or ,.J ~''';5: be .iC~ s....'osec;:~er.: ::y cescribe t~e ~e 5~~jec~ of the :ee:s, pipelines, J:~C: is related ~~ 3 ;overn~ental lee, :he aGU !"cpcsal or select ros :::er3.tion in ~c::.~ns must be ;ys:eo or network ':'s,=e~ into ~oa!"ated unde:: ,!-':':1 ~ach ':::AW ~== ~nich permits t~e: governmental E:l\W. I: after a :::e nrooosed ~:7':~:::ed,-the RGU .3.Cc :':1 the :,' '\ '0 proposed project that may affect the potential for significant adverse environmental effects, a new ~AW is required. MS s 1160.04; 1160.045 13 SR 1437 ---.-------...... 4410.~ITION PROCE~ Subpart 1, Petition. Any person may request the prepara:ion of an EAW on a projec: by Eiling a petition that contains the signatures and mai~ing addresses of ae least 25 individuals, Subp. 2. Content. The petition shall also include: A. a desc"iption of the proposed projec:; B. the proposer of the project; c. the name, address, and telephone ~umber of the representative of the petitioners; o. a brief descriction of the potential environmental effects which may result from the project; and _. material evidence indicating that, because of the nature or :ocat~on of the proposed project, t~e~e ~ay be potential for significant envi:on~ental effects. Subp. 3. Filing of petition. ~he petieion s~all be filed wit~ c~e SQ3 :or a deter~ination of the RGU. tl"'.e the Sub?~. Notice to proposer. ~ro?oser :n ~ritir.g at the :i~e EQB. The petitior.e:s shall notify ~hey file a ~e:ition with Su~p. 5. Oetermination of RGU. The EQ9's c~ai~ or designee shal: deter~ine whe~he~ the petition c~~?:ies ~ith the require~en:s of subpa:cs 1 and 2. !f the peci:ian complies, the chair O~ designee s~all designate an RGU purs~ant t~ part 4410.0500 and :orwa~d ~he ?e:i~ion t? the RGU ~i:hin :ive days of receipt of the petition. Suop. 6. EAW decision. !he RGJ sha:: orcie~ :~e prepara:ion aE an EAW if the evidence prese~ted ~y :he petitioners, proposers, and other persor.s or o:~e:~ise known to the ~GJ de~onstrates that, ~ecause oE the natu~e or location of the proposed projec~, the project may have :~e ?o:~n:ial for significant environrr.ental e::ec:s. The ~GU shall deny the petitio~ i: the evicie~ce presented :ai15 to de~o~s:=a:e the project ~ay have the poten:~al Ear sigr.ificar.: e~v::on~ental effects. ~he RGU sha:l ~aintain, ei:her as a seoa:ate docu~ent or contained ~ithin tte :ecords of the ~GU, a :eco:d, including specific findings of fact, of its decision on t~e ~eed for an EA;.I. Subp. 7. Time limits. The RG~ has 15 days ::orn the date of the ~eceipt of t~e petition to decide on :~e need for an EAW. If the decision ~us: be ~ade bv a ooa:d, c=~ncil, or other body which ~eets only on a periodic. basis, t~e ::~e period may be extended by the RGu for an additional 15 days. Foc all other RG~'s, the ~Q3IS chair sha:: ex:end the 15-day period by no: more t~an 15 additional days ~pon request of the ~GU. Subp. 8. Notice of decision. Wit~in five d3YS of its decision the RGU shall notify, in writing, t~e proposer, the EQB 15 ~ - u staff, and the petitioner's representative of its decision. The EQB staff shall publish notice of the RGU's decision concerning the petition in the EQB Monitor, Subp, 9. Duration of effect of petition. If an RGU cannot act on a petition because no permit application has been filed, the application has been withdrawn, or the application has been denied, the petition remains in effect for no more than one year from the date on which it was filed with the EQB. While the petition remains in effect, part 4410.3100, subparts 1 and 2, applies to any proposed project for which the nature and location is substantially similar to the project identified in the petition. MS s 1160.04; 1160.045 13 SR 1437 4410.1200 EAW CONTENT. The EAW shall address at least the following major categories in the form provided on the worksheet: A. identification including project name, project proposer, and project location; B. procedural details including identification of the RGU, EAW contact person, and instructions for interested persons wishing to submit comments; C. description of the project, methods of construction, quantification of physical characteristics and impacts, project site description, and land use and physical features of the surrounding area; u D. resource protection measures that have been incorporated into the project design; E. environmental investigation major issues sections identifying potential impacts and issues that may require further before the project is commenced; and F. known governmental approvals, reviews, or financing required, applied for, or anticipated and the status of any applications made, including permit conditions that may have been ordered or are being considered. MS s 1160.04 subd 5a 4410.1300 EAW FORM. The EQB chair shall develop an EAW form to be used by the RGU. The EQB chair may approve the use of an alternative EAW form if an RGU demonstrates the alternative form will better accommodate the RGU's function or better address a particular type of project and the alternative form will provide more complete, more accurate, or more relevant information. The EAW form shall be assessed by the EQB chair periodically and may be altered by the EQB chair to improve the effectiveness of the document, MS s 1160.04; 1160.045 13 SR 1437 4410.1400 PREPARATION OF AN EAW, u 16 ..J .Jli A ~ ~>I::'#<.' <Ii' (\ o () ':.J METROPOLITAN COUNCIL Mears Park Centre. 230 East Fifth Street, St, Paul, MN 55l0/-/634 6/2 29/-6359 FAX 6/2 29l-6550 TIT 6/2 29/-090, November 4. 1993 Mr. Dave Carlberg City of Andover 1685 NW Crosstown Boulevard Andover MN 55304 RECEIVED NaV 9 1993 CITY OF ANDOVER RE: Andover Comprehensive Plan Amendment 275-Acre MUSA Expansion Request Metropolitan Council District 9 Metropolitan Council Referral File No. 15796-3 Dear Mr. Carlberg: The Metropolitan Council staff has reviewed the additional information submitted by the city and has determined that the comprehensive plan amendment originally submitted on August 20, 1993 is now complete for Council review. However, we have also determined that the proposed amendment presents a potential impact on the metropolitan system plans, specifically on the metropolitan highway system. The Council will review the proposed MUS A expansion request to determine future system impacts on the transportation system. The Council will review progress on the update to the Anoka County Transportation Plan and review the analysis of the problems on TH 10 and TH 65 and the strategies proposed that will address the impacts of the' expanded MUSA. A proposed amendment that has a potential impact on metropolitan systems may not be put into effect by the local government until the Council review is complete. The law allows the Council 90 days from receipt of the complete amendment to finish its review. If the Council requires a modification to the proposed amendment, the amendment may not be put into effect until the Council has approved the modification. The 90-day review period ends on December 31,1993. Within that period, Council staff will complete a review of the amendment and forward a copy of the staff report to the city. If you have any questions during the review period. please feel free to contact. principal reviewer, at 291-6457. JJ;;;;'~ Dottie Rietow Chair DR:ret cc: David Hartley, Metropolitan Council District 9 Lynda Voge, Metropolitan Council Staff Richard E. Thompson, Metropolitan Council Staff * Recycled Paper . '\ \.---) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REZONING REQUEST OF ASHFORD DEVELOPMENT CORPORATION, INC. TO REZONE PROPERTY LOCATED IN SECTIONS 25 AND 26, LEGALLY DESCRIBED BELOW FROM R-1, SINGLE FAMILY RURAL TO R-4, SINGLE FAMILY URBAN. WHEREAS, Ashford Development Corporation, Inc. has requested a rezoning from R-1, Single Family Rural to R-4, Single Family Urban on the property legally described on the attached Exhibit A, WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5~03(B) and that there is no substantial negative effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands; there will be no negative effects on the values of property and scenic view in the surrounding area; and ;j WHEREAS, the plan~ing and zoning Commission finds that the request is in compliance with Ordinance No, 8, Section 5.02; and WHEREAS, a public hearing was held and there was much sincere well spoken and well documented opposition to said rezoning especially in regard to management of the wetlands; and WHEREAS, the Planning and zoning Commission recommends the City Council approval of the rezoning request. 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 rezoning of the property legally described on Exhibit A from R-1, Single Family Rural to R-4, Single Family Urban, Adopted by the City Council of the City of Andover on this 5th day of October, 1993. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST Victoria Volk, City Clerk , " '---J / , \--) EXHIBIT A " LEGAL DESCRIPTION All that part of the Southeast Quarter of Section 26, Township 32, Range 24, lying Easterly of the Great Northern Railway Company right-of-way, Anoka County, Minnesota AND That part of the south 689.24 feet as measured along the west line thereof, of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota, lying westerly of the centerline of prairie Road as now laid out and traveled. 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I.! ~ . '" I." , , ' I II R ':7": ' -, . ! ' . H ' ' " '. '. . ." ; , ~': I . """;~' : -! ,: : , :;: " t-:, ',,~"""'.' " . _ " , : i ;:~<~.~\ LJi ~I' 'I i '~;J ~(~~~~~ 'J' - " 'AJU:~O\R~~ ".___J -I-~ -: I: ;;:~-- ~~.,~ ~~--'\.~-..iJ -s ,I ~t-- '~_: 0 I) .. ~j 'j ~ ~ ,,~~ ......~I ~ _ _............. .u.ol. ,~-;",- - R-I[ 9..~- ---:-~~~ ~~ ->'~f::--~-;~, I'll ii, .]-:::> ~ : :,_ ~ ~ ,,~ . ~,,'t~'-'i:;~'; I l!.! lie '- '-7,,-....,. I! "- I ~ . '. ,'_...r _....... -'~~ jraJ', ~~' ....It~.r-- E... .J/~ v : .'., ...'.. .~, ',;>1 il . m..... .' I ~ ~'1.N(L~ !; 9~NIUS;":..d '~.... '..-,,~::,~~: , . R- f GB if · ~~~~\:-o-~-A!~~ R-4 --- --- - --- ~ ,.:~. .QAfJXlIf-'r.,ra.f- ._ I :;, -. J:. ., .......: t-;;7-:ftalIlD" .' .'t4 . ['J-\:: I .....:s...~ r,;:..... ~"'n1-.. rfl~"" ~ . ~ ;. . . , I I '. . ....' . .. '.. ,. , , .., ,~~, .......,..-:"-\t:"'~_ " ---=-- ; I !: --;/,'~-- 00, "c:~~.:.,'<6!-=i t1i ~ _ __ ,__ ,I I . ~-:fijti:-.:.:f:Tf":' .' .~"" ~ .....v-~...-~ 8 : ',' .' 'IZ> t~'c'!" -:-'... ..~:;. .;;;;r"~\ I V ) 'f\ -' : .; . .." IUJ r.....,~ ..,........iJ-..." i I I .. ~ ~. I t. ,~ - i-<~ 'i., ---1.8' ..;.".:.."..... "1" .'..> ,. '!ri ,\.'-:1.(BUNKEfjR11-;\~+-'- ~-. .w~ -r~_H ;11" ,\,\~~E L ~\L,':/"L ~<!" \.( frn I :, i \'~~ ~l ~'}- :.]c! ES:" .,., I ; ! !ri3UNK~" HIL:~~/PAR1< i r I I" I . ;\~ . "i.: , "ER~<>.HW>Y. ,t;,h~,~ '1 . ~'i I ~ , : ))\ ..1. ~ .... '\..1. ~ J-i~ ____l..__~ L - ...-- - J # i ~~~.< I ,."\ '\ , kt<,;~""~? ~~;~ ,t;5!.~-;. .,. ~ '- - , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE 1\TQ"wmbor H, 199J AGENDA t'-O, SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items '-=e BY: ITEM l'n variance Setback from Major Arterial 1433 - 161st Avenue NW Emmerich Construction, Inc. Planning 5. David L. Carlberg City planner REQUEST The city Council is asked to review the variance request of Emmerich Construction, Inc. to Ordinance No, 8, Section 6.02, which requires a fifty (50') foot setback from a major arterial on the property located at 1433 161st Avenue NW. BACKGROUND /'~ '- For background information on the request, please consult the attached staff report presented to the Planning and zoning Commission and the minutes from their October 26, 1993 meeting. PLANNING AND ZONING RECOMMENDATION The Planning and zoning Commission, at their October 26, 1993 meeting made the motion to approve the variance request. Attached is a resolution for Council review and approval. MOTION BY: SECOND BY: .' '- TO: :~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING THE VARIANCE REQUEST OF TONY EMMERICH CONSTRUCTION, INC. TO ORDINANCE NO. a, SECTION 6.02 WHICH REQUIRES A FIFTY (50') FOOT SETBACK FROM A MAJOR ARTERIAL TO ALLOW FOR THE CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY RESIDENCE ENCROACHING 11.4 FEET INTO THE REQUIRED SETBACK ON THE PROPERTY LOCATED AT 1433 161ST AVENUE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Tony Emmerich Construction, Inc. has requested a variance to Ordinance No. a, Section 6.02 which requires a fifty (50') foot setback from a major arterial to allow for the construction of an addition to a single family residence encroaching 11.4 feet into the required setback on the property legally described as follows: The East 300.55 feet of the West 1115.55 feet of the South 776.19 feet of the South Half of the Northwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota, Except that part platted as ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 20; and /' '\ V WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. a, Section 5.04 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No. a, Section 5.04. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & zoning Commission and hereby approves the variance requested by Tony Emmerich Construction, Inc. to Ordinance No. a, Section 6.02 which requires a fifty (50') foot setback from a major arterial to allow for the construction of an addition to a single family residence encroaching 11.4 feet into the required setback on the property legally described above. Adopted by the City Council of the City of Andover this 16th day of November, 1993. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: o Victoria volk, City Clerk Regular Andover Planning and Zoning Commission Meeting Minutes - October 26, 1993 /'" Page 2 [ :'J (Sketch Plan - Timber Estates, Continued) Mr. westlund - stated they are aware of that, There are also two abandoned homes, wells and septic systems on the site which they realize must be dealt with. Part of the requirement is to determine the historical value of the buildings, The Park and Recreation Commission has recommended cash in lieu of land for park dedication, Mr. Carlberg stated the developers will be required to clean up both waste sites and the debris, There being no further discussion, Mr, Carlberg noted the sketch plan will be brought to the City Council at their November 2 meeting. VARIANCE: SETBACK FROM MAJOR ARTERIAL - 1433 161ST AVENUE NW, TONY EMMERICH CONSTRUCTION, INC. Mr. Carlberg reviewed the request for an 11,4-foot variance from the setback from a major arterial. Currently the structure is non- conforming, and no improvements can be made to the structure. The variance will allow the applicant to construct an addition of a garage and a second floor to the rear portion of the single family structure. It is an older home, and the applicant wants to improve the house and its appearance. The parcel is a five-acre metes and bounds subdivision. Staff recommends approval. (0 Tonv Emmerich, Tonv Emmerich Construction, Inc. - stated he plans to tear out the roof and put a second floor, garage, and family'room onto the existing structure. It will beautify the area. The Commission questioned whether similar variances have been given in the past to allow a non-conforming structure to be improved. Mr, Carlberg stated the City has often granted variances when a city or county street improvement have made a structure non-conforming because of the additional easement taken for the road. The non-conformance was not created by the property owner, as the county improved CoRd 20 several years ago when an extra 10 or 15 feet was taken for easement. If the designation of non-conformance is removed by allowing this variance, the proposed improvements would really help the appearance of the house. MOTION by Peek, Seconded by Apel, that the Andover Planning and Zoning Commission recommends to the Andover City Council approval of the Resolution contained in the Planning Commission's packet recommending approval of the variance. Motion carried on a 6-Yes, I-Absent (Pease) vote, Mr, Carlberg noted this will go to the City Council on November 16,1993. VARIANCE: ACREAGE REQUIREMENT AND EXTERIOR FINISH FOR POLE BUILDING - i:.) 16551 FLINTWOOD STREET NW, LARRY CARLSON Mr, Carlberg reviewed the request of Larry Carlson to allow for the construction and placement of an accessory structure (pole building) closer to the front lot line than the principal structure. The C) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DAT~ctober 26, 1993 AGENDA ITEM 4. Variance - Setback from Major Arterial - 1433 161st Avenue NW - Tony Emmerich Construction, ORIGINATING DEPARTMENT ~ APPROVED planning ~l) AGENDA David L. Carlberg ~/ Ir:. City planner BY: BY: FOR REQUEST The Andover Planning and zoning Commission is asked to review the variance request of Tony Emmerich Construction, Inc. to Ordinance No.8, Section 6.02 which requires a fifty (50') foot setback from a major arterial in the R-1, Single Family Rural district. The request is for an 11.4 foot variance. The property is located at 1433 161st Avenue NW, legally des,:ribed on the attached resolution. The variance is being requested to allow the applicant to construct an addition to the rear portion of the single family structure (garage and second f1oer). Currently, the structure is non-conforming because it does not meet the minimum setback requirement. Therefore, an addition to the structure would not be allowed as specified in Ordinance No.8, Section 4.03. " ~ APPLICABLE ORDINANCES Ordinance No.8, Section 6.02, establishes the minimum lot requirements for an R-1, Single Family Rural zoned lot. Section 6.02 requires a fifty (50') foot setback from a major arterial. County Road No. 20 (161st Avenue NW) is classified as a major arterial. Ordinance No.8, Section 4.03, Non-Conforming Uses and structures, does not permit structural alterations and expansions to the existing bulk of the structure. 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. /'.. '.... '-J () page Two Variance - Setback Major Arterial 1433 161st Avenue NW Emmerich Construction, Inc. October 26, 1993 COMMISSION OPTIONS A, The Andover Planning and zoning Commission may recommend to the City Council approval of the variance requested by Tony Emmerich Construction, Inc. to Ordinance No.8, Section 6.02 which requires a fifty (50') foot setback from a major arterial to allow for the construction of an addition to the single family structure (garage and second floor) located at 1433 - 161st Avenue NW, legally described on the attached resolution. 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 to the City Council denial of the variance requested by Tony Emmerich Construction, Inc. to Ordinance No.8, Section 6.02 which requires a fifty (50') foot setback from a major arterial to allow for the construction of an addition to the single family structures located at 1433 - 161st Avenue NW, legally described on the attached resolution. CJ 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. The Andover planning and zoning Commission may table the item. C. STAFF RECOMMENDATION Staff recommends the variance request be granted. Attached is a resolution for Commission review. r " u .-LJI' 'I' I\-:T2L' -- ;:.'>"',.,.'....~.:~~". ,:,;......,'-::.... ~\ F I" -+i"1 ~ _ .f--II~'!;IC'I'/-^l~.' .., i.,- ~' . _ :.":.".,,,;.:..\ ':-r.~'..' .~,(- _,r.~ r -1lr\J... ~..~- . . ,\ ,61 .-5.~:,,~,,>,:::,;,,;:-.~l ,...;' , j! I . 1:. I,";' I ,",,"" I ,~ ~:~._..::'. ':~~. "',':,',,:~-...,:, ' ",.. .l-- ..' "', ,J - ,--- -------;. ~i- ':~ . , , ',:" '::;'..'.'...'."..:.':"J...~..'.. ...: ' '. 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I 3Xl' :< I .lC~<"5'"'''' l ,50'''70.rw _C . ./ .-",.CO I :aoO . :E'~""'. ~.;-o ~~ VQfO . .~~. . ' . _ ~ _-.J..H/~HWA~ -.. - COUNTY,l STt .:I.fD-"",\:, '" 'V. . '8\'/ J IYtJ, ~~J', C. .'\' ~, :J''',l '\'1..('" I"" I 1 0-1 ~I t'-I ", '-~/ I Y/' I I , ....:..5...... .A'4-.9-, ~ 5". ";4.' ../5C21Jd- ....:;.: ':"..-.sc...,:,- C9'''~' //7. Co t._ ""/:1"4..'7"04"& .OCt? . '1,-"'0.,;.. ~~ "04.' (23) I 1....- W.#fa /Mf,f/~ JI<!k/~ /1 J ..... " / / I I I I )1 t .- o GA\2.A6~ ~ I ?r"~A'e SI-+Et> ~J 47.52 ~ '<:l ~ ~ ... 0- oAI'-A6E "" ... r- 2,-6 - F" 1+5E'. ~t <rJ ~I 00 ~t 252..43 () Q ~ ANOXA CO, HiNY. I?/W PL4T )/(). 20 ~ () Ul 588'" 40 '4S'E ,[ THE GCVrH C. INe 0 F OP SEe, /4-, 7.';;2, /? 24- . ., . \ '-.J '300. 5e, rHE sfz. OF Nw'/4- .." ; ~~ 4.~ '\:)\1 ~ ~4. "'\) '1 l--~ c.ol7J) ~4J ~ ~ ~~ f tZP IH) ;. CITY of ANDOVER ~ VARIANCE REQUEST FORK Property Address ~"AJI rPduJ;J)W,v A-,vdclh2..J- Legal Description of property:. e - 3r>o. S"~ pr 0';: WJ1.. s 7 1/ I s.~-S (Fill in whichever is appropnate): efJ 'SJ "-'6.19 c.t:' oS ~ eJ,.t:' ....v~~ Ad~fo: . nvp ~<. ~ ..t.t/ C/o plat Parcel PIN >>.e.w O#A- ~l~ ,4...56 rO.41~ (If metes and bounds, attach the complete legal I t/.3~ - / I,:. / ~7 /4 t"A ..e.. .It I.W, Block Lot -----~--------------------------------------------------------------. De~crrption of Request J.h-e;5 e. - .l'?-clsl P 1/'"'.2. ("~ n ttU.) ~ .P /l-dd a--~.o - ~vH.6do / :;?,ve! Ph~ r -, /If..,/ dJI'Pt:!5i/~ ,e, ('!).aJ , t:;r ,. A7V' . EXI'~T,.~ /"' //i2~vJ? , H.9~ - t:./ht../ ~.e .A-;S Ie. Specific Hardship : \ '-J section of Ordinance Current zoning --------------------------------------------------------------------- ---------------- fop,! e~~rt'c.61 &tJst, :rv~, Ur&.u ~ ~ ," S ,t3( vd . ~..v. 4Ji'J / ~ ~ v ~ tf'a Business Phone 7c;""":)"- bSS-L! Date /CuI /99~ Name of Applicant Address .:::26/C; Home Phone Signature -----------------------"-------------------------- Property Owner (Fee Owner) (If different from above) Address S~ Home phone Business Phone Signature Date --------------------------------------------------------------------- ;-) '----' VARIANCE PAGE 2 ~J The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected ShQwinq: scalA and north arrow; dimensions oE the property a~d 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 $ 75.00 Other Requests - $100.00 Date l'aid la/of q~ / Receipt i 48&6:) Rev. 1-07-92:d'A 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. ~J 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 constit~te an undue hardship if reasonable use of the property exists under the terms of the Ordinance. ,,j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 16, 1993 AGENDA r-o. SECTION ORIGINATING DEPARTMENT Discussion Item Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM 1\0. Approve Annual Improvement Program Guidelines, Cont. BY: ~, The City Council is requested to continue discussing this item which was tabled from the last meeting to allow staff to review the changes recommended by Councilmember Jacobson, Those recommended changes have been made, Councilmember Jacobson did question Section 3, Subd. A, Part 2, second paragraph. Staff has included with this item Page 21 of the assessment manual for clarification, \.- If the City Council has any further questions or comments, please feel free to contact us prior to the meeting to allow staff to do some research. MOTION BY: SECOND BY: '---) TO: DEVELOPMENT POLICY GUIDELINE ARTICLE I - ANNUAL IMPROVEMENT PROGRAM .,.-) SECTION 1. PURPOSE The purpose of this Article is to establish an outline of the procedure to be employed in the City of Andover for considering improvements originating either through petition, or Council initiative. This Article also provides an outline of developer responsibility and guarantees. SECTION 2. INTENT It is the intent of the Andover City Council to consider public improvements only once during each calendar year, except as otherwise provided in this policy. Subd, A. Justification \ ) 1.) The location of Andover in the metropolitan area and the projected growth patterns, will result in a change from a basically rural to an urban character. It is necessary and advisable that this transaction occur in an orderly process. An orderly process must be of prime concern to ensure that proper planning, safety, financial consideration, citizen participation and reorganization of change is accomplished and understood. 2.) This policy is not intended as a vehicle to impair growth and development; rather it is to assure that the growth and development, where it occurs, will be in an orderly manner utilizing proper planning and sound fiscal management. SECTION 3. PROCEDURE Subd. A. Petitioned Improvements I 1.) Petitions for streets, sewer, water and storm sewers, etc. must be received by the City on or before October 1 of each year. Petitions for improvements in new subdivisions will be accepted only if a preliminary plat has been approved by the City Council with all conditions having been met. 2.) All petitioned public improvements must be presented to the Council on or before the last regular Council meeting in October of the year preceeding the implementation of the desired improvement. Upon receipt, the Council shall refer the petition to the City Engineer for preliminary study and report. , " '-J Petitions received after October 1st of each year will be required to comply with the following project time schedule (see page 21 in Assessment Manual). 3.) The City Engineer and/or Consulting Engineer shall prepare and submit to the Council, a feasibility study and report on all proposed improvements by the second regularly scheduled Council meeting in January. The DEVELOPMENT POLICY - ARTICLE I - ANNUAL IMPROVEMENT PROGRAM ~ \ \~ Council shall receive all reports and shall set the date of the hearing(s) for the first week in March. 4.) Upon completion of the hearings, the Council will decide to order or to abandon each proposed improvement, For those improvements ordered, the Council shall: a) Order preparation of final plans and specifications, approve them, call for bids and may award contract(s). b) Authorize Attorney to acquire all easements through negotiations or condemnation. c) Approve bond form, authorize and award sale of improvement bonds. The Council may authorize sale at any time total improvement cost estimates are known; however, delivery of bond monies cannot be made until after improvement contracts are executed. ~~ Subd, B. Council Initiated Improvement Considerations 1.) As part of its role, situations arise whereby the Council desires to consider projects on its own initiative. Similarly, it is an administrative responsibility to bring needed or :visible improvements to the attention of the City Council. 2.) The procedure for this method of improvement origination and consideration follows the same pattern as outlined for petitioned improvements, except that the initial petition form i~ not required. In place of the petition, either a member of the Councilor the Administration presents a proposed resolution referring proposed improvement to the City Engineer and/or Consulting Engineers to prepare a feasibility report. Subd. C. Non-Assessable ~rojects 1.) Non-assessable projects can generally be described as those which provide a general benefit to the entire community rather than direct or areal benefits to a specific portion of the City. Examples of such improvements would be municipal wells, interceptor sewer lift stations, ~ater storage facilities, and water treatment facilities. Such improvements are normally financed from funds dedicated for the specific purposes intended, ' , \ ~~ DEVELOPMENT POLICY - ARTICLE I - ANNUAL IMPROVEMENT PROGRAM o herein for Council Initiated projects, except that the schedule shall 'be as established by Council as part of the CIP process. 4.) Hearings. Public hearings are generally not required for those projects, and will not be held unless specifically required for a given project. SECTION 4. DEVELOPER RESPONSIBILITIES o Subd. A. Development Agreement Thirty (30) days prior to ordering improvements for a proposed subdivision or development, an agreement with the developer which details the nature of the development, the schedule for implementation, the role for the developer, the role of the City and other affected agencies, and other items as may be deemed advisable by the City Attorney shall be entered into by the City and developer. The development agreement shall become effective at such time as the Council orders the improvement(s). No improvement shall be ordered without a mutual agreeable agreement in place. Subd. B. Developer Guaran~ees As stipulated in the development agreement, the Developer shall post with the City surety(ies) in a form acceptable to the City Attorney, and in amounts approved by the City Engineer for the following purposes: 1.) Developer'S improvements (grading, lot staking, erosion control, street lighting, etc.). " 2.) Assessments for Public Improvements: a.) Street Grading and Drainage, b.) Utilities (Sanitary Sewer, Water and Storm SewerX, c.) Street Construction (Concrete Curb and Gutter, Gravel~Base and Bituminous Pavement), d.) Boulevard Restoration. 3.) Relocation and/or Protective Improvements for Non- Municipal Utilities (Cash Deposit Only). 4.) Developer-Constructed Public Improvements. SECTION 5. ENGINEERING OPTIONS AND RESPONSIBILITIES ,- " ~~ The City Engineer shall have the option and be responsible for expanding petitions to provide for continuity and rational extension of proposed improvements. Whenever this occurs, it shall be brought to the attention of the Council in the feasibility study and report. The Council shall then give consideration to altering the proposed improvement from petitioned improvements to Council-Initiated. DEVELOPMENT POLICY - ARTICLE I - ANNUAL IMPROVEMENT PROGRAM ~J In the interests of economy, the City Engineer shall combine like-type improvements in developing the final plans and specifications to reduce improvement costs. SECTION 6. IMPROVEMENT AHEAD OF SCHEDULE , The Council may give consideration to advancing improvements subject to the .following: Subd. A. Applicant(s) shall state intention with the petition for improvement and may include a request for waiver of hearing. Subd. B. Council shall refer petition to the City Engineer for feasibility study and report, and shall determine whether or not a public hearing is required or warranted, If a public hearing is required or warranted, the City Engineer shall indicate to Council how long the feasibility report will take, and shall set the public hearing date accordingly. If there is no public hearing, consideration w~ll be given upon submission of the feasibility stuqy and report. .~ Subd. C. Council shall copsider improvement proposal after receipt of feasibility study and report. If Council approves the proposed improvement, preparation of final plans and specifications will be ordered upon receipt of a security deposit of one and one-half (1-1/2) times the City Engineer's cost estimate to prepare the plans and specifications. ' Subd. D. Council then shall approve final plans and specifications, ;order call for bids, receive bids and award contract. ,Any easements necessary will be so authorized for ~cquisition by the City Attorney. SECTION 7. RURAL STREET IMPROVEMENTS All new development located outside the MUSA will require to meet the Standard Specifications for Rural Residential Street Construction. ,'., V The City shall not construct rural streets under public contract where a new subdivision is being or has been created unless the benefitting property oWQers petition the City and proceed as authorized by chapter 429, Laws of Minnesota. The City may, at its option, consider public contract construction of rural street improvements where an unimp~o.ved rural road presently exists. This option shall be exercised ona priority basis with rural roads having the potential to become routes of collector classification or higher, given the highest priority. ; The second priority will be given to other streets where the best interests of the general public are served. DEVELOPMENT POLICY - ARTICLE I - ANNUAL IMPROVEMENT PROGRAM ~J SECTION 8. NON-MUNICIPAL UTILITIES Where non-municipal utilities, such as pipelines and electrical lines cross a subdivision, it shall be the responsibility of the developer to pay the costs necessary for the relocation, realignment, and/or protection of such nop-municipal utilities. The developer will have the following options: Subd. A. The developer may have the utilities) relocated, realigned, and/or protected by the appropriate utlility company in advance of Council ordering any public improvement project, Subd. B. The developer shall deposit with the City a sum equal to 150 percent of the engineer's estimate for relocating, realigning, and/or protecting such non-municipal utilities as specified by the appropriate utility company. This deposit shall include all costs for engineering, inspection, legal, financial and related services. ~J , \ V PROJECT TIME SCHEDULE ~) PETITION: 5 to 6 months 2-3 weeks 5 weeks 3 weeks 4 weeks 5 weeks 2 weeks 22 weeks Council Declare Adequacy, Order report .' Receive Report Public Hearing Process Plans and Specifications Bidding Process Award Bid Construction 3 months 12 weeks Total Time 8 to 9 months 34 weeks Assessment Process 2 months 8 weeks 10 to 11 months 42 weeks ~) (~ PAGE 21 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 16, 1993 AGENDA SECTION NO, Discussion ORIGINATING DEPARTMENT APPROVED Administration FOR AGENDA ITEM NO. Option Agreement/Wasteco Site Daryl E. sulande~ ~O/ Acting Administrator 0 1. DISCUSSION The City Attorney will present an update for the City Council on the option agreement discussions for the Wasteco site. '- MOTION BY: SECOND BY: '-) TO: .- " . . "-/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 16, 1993 AGENDA f'O, SECTION ORIGINATING DEPARTMENT APPROVED Daryl E. Sulander FOR AGENDA 11,y B~ staff, Committees, Commissions ITEM f'O. Accept Bids/Skid Steer Loader ,. The City Council is requested to accept bids for the skid steer loader. Bids were opened on Wednesday, November 10, 1993 at 10:00 AM. Mr. Stone will have the bid results and recommendation at the meeting. \.- ) MOTION BY: SECOND BY: '- ) TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nn"pmhPT l~r lqq~ AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA staff, Committees, Commissions ITEM !\K), Admin. BY: 'f. Approve 1994 Cigarette & Liquor Licenses \' V. Volk \. The City Council is requested to approve the following licenses: Cigarette Licenses \..J Johnny B Quick Brooks' Food Market #54 Tom Thumb store #255 Bill's Superette G-Will Liquors superAmerica Total Mart Merwin Drug Festival Foods JJ's Liquors Off-Sale Intoxicating Liquor JJ's Liquors G-Will Liquors Off-Sale Non-Intoxicating Liquor Brooks' Food Market #54 Tom Thumb Store #255 Bill's Superette SuperAmerica On-Sale Non-Intoxicating Liquor Tasty Pizza Woodland Creek Golf Course MOTION BY: SECOND BY: , ~ TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE N'n'uomhor 11=;. . 10Q'1 AGENDA SECTION NQ Staff, Committees, Comm. ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM f\X), Admin. BY: Approve Classification and Sale of Forfeit Land V. VOlkO,O. Id. The City Council is requested to approve the classification and sale of forfeit land. The properties are as follows: 1. PIN 11 32 24 44 0005 - a 25' x 1340' triangular piece located on 167th Avenue N.W. on the west side of the BNRR right-of-way, 2. PIN 17 32 24 23 0007 - a 577' x 1317' parcel on the east side of Valley Drive just north of Genie Drive, 3. PIN 34 32 24 31 0009 - a 241' x 450' parcel about 450' north of the intersection of 135th lane and Nightingale. This is a part of the South Andover Superfund site. '- 4. PIN 24 32 24 21 0035 (Lot 6, Block 5, Nordeen Addition) - a 163' x 170' parcel at the intersection of 155th Avenue and Juniper Street. 5. PIN 34 32 24 23 0055 (Outlot B, Red Oaks Manor 5th) - 286' x 300' with a 286' x 300' panhandle attached to it. The Andover Review Committee will be discussing these parcels on November 15th and will have a recommendation for Council on Tuesday evening. If Council wants to acquire any of the above parcels, a motion is required to have them taken off the list. Attached are copies of the city map showing the location of the parcels. 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I....--- I ~ III -, : ! 2' , ~ ~ i [I '- I :, A U 0 I 0" < ~ ~ ';'- , I ,I " -----j - ]---- : Ij ~ w\; -1.::q :, I I "" - 'UD I I S I 0 I II'I'I~ E"' I I I .:.~,.,;:.ri~"'.".. ~ I II 1 II ,;.....: Y' ~l- ~J ':''''fIsECOHO' , 1\ I '....J", ~ 0., , ? ~".'.' .', .1 . NO. '4 7t1~~::111/ U~ ~"!.!~~ ' II ,---;!/;{IJ I ~"'Ug . , "b, I /1 ',. ".1/ i ~B' I,..I..! II I ~."'" I -r I II ~ij'~i.I~~Ll!'11 I I I ~~III:I I "'('CJ':1;';::<"".' I I I !.'5-I'I-iJ,i;;;"}~II', I I .j.i'-m./itiJI1~iR" I r I , ,..r' I . 'J:" I '" ~I, ,,. - "'" :.;;. ~,~ iii r~ ~. ,\ ~ L t1 I 7 ! Ii l/ I , I "" . I :_) I62NO AVII!:. NW \\\ , , .~\- " '- ISIST AVE. NW 160TH AVE. HW , , 159TH AVE. NW 158Tl1 AVE. NW 157TH IN!. ,., I~TH AVE. NW I h d ."TH AVE. NW 0:0 OJ 6:2 ~Ib 00:( z 154TH AVE. NW l!;I":( )- ltJ .... 0<: ..:( 1!53R:D AVE. NW ..J I I OJ ~~::!: ~ <J; ~: :c 1!52ND AVE. NIV ~-t1 i'~lli: (3 '!5IST AVE. NW I 7 '50TH AVE. NW 149TH AVE. NW 1481lt AVE. N'It -- -- 1<407TH AVE. NW I I I "- '--I 148TH AVE. NW I I I 14!5TH AVE. NW I-- I--- I44TH AI/t.. NW -'IF''''' 143R:D AVE. NW 142NO AVE. NW " 141ST AVE. NW ~ I40TH AVE. NW ---- r~qn4 fNf: IoNI '~'\ I',J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 16, 1993 AGENDA !IO. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA staff, Committees, Commissions Planning ~ BY: ITEM !IO. Accept Withdrawal of Variance - John Kunza Crooked Lake Tire David L, Carlberg City planner I/. The City Council is requested to accept the withdrawal of the variance application and request of John Kunza of Crooked Lake Tire located at 2814 134th Avenue NW. The Planning and zoning Commission on October 26, 1993, accepted the withdrawal of the variance request, but did not support a refund of the application fee as requested by Mr. Kunza (letter attached). Attached are the minutes from the October 26, 1993, Planning and Zoning Commission meeting. (J The Council should make the motion to accept the withdrawal of the variance request and may wish to consider the reimbursement of the application fee. , ' MOTION BY: SECOND BY: (j TO: <J '\ <J u October 22,1993 Andover City Hall 1685 Crosstown Blvd. Andover, MN. 55304 John J. Kunza 2814 134th. Ave. N.w. Andover,MN. 55304 Re: Variance To whom it may concern: I am writing to you to tell you that I would like to withdrawl my application for a variance due to the city council coming up with a resolution to the ordinance. I feel that with the city council coming up with this problem to begin with and then coming up with the resolution themselves that I should get my application fee returned to me. Thanks for your attention in this matter. If you have any questions please feel free to contact me at anytime. Regular Andover Planning and Zoning Commission Meeting Minutes - October 26, 1993 ,~) Page 4 DISCUSSION - KEEPING OF POT BELLIED PIGS " Mr. Carlberg stated he has received several requests to keep pot bellied pigs as domesticated pets. Staff has witnessed one in the City, but it is not known how many there really are. The ordinance is silent on the issue at this time. The League of Minnesota Cities has had a number of requests on regulating pot bellied pigs, and the community of Austin has included them in their Dog and Cat Ordinance. The question is if they are regulated, how would that be done? Would there be a size requirement? Should the number be regulated? Should they be licensed? Or should they not be allowed as pets or domesticated animals? The Commission suggested the item be investigated further, and asked for research on whether there are different varieties. What is the proof to determine the difference between the pot bellied pig and a non- domesticated hog? Are they registered? Are there certain diseases that may be contracted from them and are they required to have certain shots? If regulated under the Dog Ordinance, would they be required to be on leashes? Mr. Carlberg stated he will contact several pet stores about the different varieties, plus contact the community of Austin regarding their experiences with them. He will place the item back on the Commission agenda as soon as possible. .(j (j OTHER BUSINESS Mr. Carlberg noted the October 22, 1993, letter from John Kunza requesting the withdrawal of his application for a variance. The City Council decided by Resolution to allow Mr. Kunza to continue his tire service operation. Mr. Kunza has also requested a refund of the $75 variance application fee. MOTION by Apel, Seconded by Putnam, that the Planning and Zoning Commission accept the withdrawal of the variance request from John J. Kunza. DISCUSSION: Mr. Carlberg stated the City Council has also asked the Commission to review the Home Occupation Ordinance and recommend changes if necessary. With the hiring of a Code Enforcement official, the Commission and Council may be seeing quite a few more of these situations. Commissioner Squires stated this was a difficult issue and ultimately the Council resolved the issue in a good fashion. He felt that Mr. Kunza did get something out of it and did not support a refund of the application fee. The Commission agreed. Motion carried on a 6- Yes, 1-Absent (Pease) vote. Mr. Carlberg noted the joint meeting being held tomorrow, October 27, 1993, of the City Council and Auto Recycling/Junkyard Task Force. ,- -, ~J There being no further business, Chairperson Dehn declared the meeting adjourned at 8:26 p.m. ",\~spectfu,llY sub~J:, \ (J...,-" 0 k Cc . M cella A. Peach, ccuL ecording Secretary CITY OF ANDOVER REQUEST FOR COUNCIL ACTION November 16, 1993 DATE AGENDA tn SECTION . ORIGINATING DEPARTMENT staff, Committees, Commissions Finance APPROVED FOR AGENDA ITEM tn Amend Budgets-General, P.I.R., Water, Sewer, and Central Equipment Funds Daryl E. Sulander ~ Finance Direcwr/Acting Administrator t /;!, REQUEST The City Council is requested to adopt the attached resolution amending the 1993 budgets for the General, P.I.R., Water, Sewer and Central Equipment Funds. BACKGROUND "-- ) The City Council has approved various budget reallocations throughout the year. In addition, several areas of our operations are, or will be over budget due to unexpected or higher than expected costs related to the higher than projected building activity, and working without our Administrator/Engineer for over six months. The adjustment in August recognized 100 additional new home construction permits, changing the revenue estimates from 330 homes to 430 homes. The budget amendment now before you for consideration is based on 480 new homes. As of 10/31/1993 we are at 451 new homes, 34 ahead of last year's pace which reached 484 new homes. MOTION BY: SECOND BY: '. TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / '\ \J RES. NO. R -93 A RESOLUTION AMENDING THE 1993 GENERAL FUND, PERMANENT IMPROVEMEN1 REVOLVING FUND, WATER FUND, SEWER FUND AND CENTRAL EQUIPMENT FUND BUDGETS. WHEREAS, the City Council of the City of Andover has adopted Resolution Numbers R220-92 and R227-92 which established the 1993 budgets for the General and Enterprise Funds respectively; and WHEREAS, the City Council of the City of Andover has adopted Resolution Numbers R016-93 and R186-93 amending the 1993 budgets for these funds; and WHEREAS, the City Council has taken action to reallocate the distribution of resources between the operating departments within the adopted budgets, and recognizes the additional permit revenue from the greater than expected new home construction; and WHEREAS, the City Council of the City of Andover deems it necessary to amend the adopted budgets so that financial reports properly state the effects of these actions. () NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the 1993 budgets for the General Fund, Permanent Improvement Revolving Fund, Water Fund, Sewer Fund and Central Equipment Fund are hereby amended as shown on Attachment A. Adopted by the City Council of the City of Andover this 16th day of November, 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk . " <~ ATTACHMENT A GENERAL FUND AMENDMENTS ======================= ',) Amendment Purpose 1. New Construction Permit Revenue: Building Permits............... Heating Permits..... ...... ..... Plumbing Permits............... Septic Systems................. Sanitary Sewer Permits......... Certificate of Occupancy....... Plan Check Fees................ Subtotal ,] 2. Personal Services Adjustments: Finance: Salaries. . . . .. . . . . . . . . . . . . . . . PERA................ .,........ FICA/Medicare........ ........ Planning: Salaries. . . . . . . . . . . . . . . . . . . . . City Hall Building: Salaries. . . . . . .. . . . . . . . . . . . . . Public Works Building: Salaries. . . . .. .. . . . . . . . . . . . . . PERA........................ . FICA/Medicare. .. . . . . . . . . . . . . . Protective Inspection&: Salaries. . .. . . . . . . . . . . . . . . . . . PERA........................ . FICA/Medicare......... ....... Health Insurance............. Streets and Highways: Salaries. . . . . ... . . . . . . . . . . . . . Economic Development: Salaries. . . . . . .. . . . . . . . . . . . . . PERA........................ . FICA/Medicare. .. . . . . .'. . . . . . . . Subtotal ,- '\ o Increase (Decrease) in Revenue $ 15,123 5,900 15,900 l,350 3,500 700 5,000 $ 47,473 Increase (Decrease) in Expenditures $ 2,650 120 203 200 150 2,600 120 200 9,800 440 750 2,400 300 3,300 150 255 $23,638 ATTACHMENT A (Cont'd) GENERAL FUND AMENDMENTS ======================= \) Amendment Purpose 3. Office Equipment/Furniture: Administration File Cabinets... Finance Shelving and Cabinet... City Hall Garage Shelves....... Engineering File Cabinet....... Protective Inspections Desk.... City Council Chairs............ Photocopier.................... Subtotal '--J 4. Building Repairs: City Hall: Repair/Maint Supplies... Repair/Maint Labor...... Fire Stations: Repair/Maint Supplies... Public Works: Repair/Maint Supplies... Repair/Maint Labor...... Contractual Services.... Subtotal 5. Recycling: Grants. . . . . . . . . . . . . . . . . . . . . Contractual Services....... 6. Contingency.................. Total General Fund \J Increase (Decrease) in Revenue 5,700 $ 53,173 ========= Increase (Decrease) in Expenditures $ 800 600 100 300 600 2,500 11,200 $16,lOO $ 750 300 1,400 800 1,000 750 $ 5,000 5,700 2,735 $ 53,173 --------- --------- ATTAC3MENT A (Con't) WATER FUND AMENDMENTS ======~=============== :) Amendment purpose 1. Personal Services Adjustments: Salaries. . . . . . . . . . . . . . . . . . . . PERA....................... . FICA/Medicare. . . . . . . . . . . . . . . 2. Contingency.................... Total Water Fund Increase (Decrease) in Revenue $ -0- ---------- ---------- SEWER FUND AMENDMENTS ====================== ~ Amendment Purpose 1. Personal Services Adjustments: Salaries................... . PERA....................... . FICA/Medicare.......... ..... 2. Contingency.................... Total Sewer Fund ~.~ Increase (Decrease) in Revenue $ -0- ---------- ---------- Increase (Decrease) in Expenditures $ 18,000 800 l,375 (20,175) -0- ---------- ---------- Increase (Decrease) in Expenditures $(18,000) (800 ) (1,375) 20,l75 -0- --------- --------- ATTACHMENT A (Con't) PERMANENT IMPROVEMENT REVOLVING FUND ADJUSTMENTS ================================================ :) Amendment Purpose 1. Equipment Purchases: Accu-yote Voting Machine.. Asset/Inventory System.... Pothole Patcher/Mounting Equipment for Unit 180.. Defibrillators............ 2. Public Improvements: storm Sewer at 177th and Blackfoot: Engineering........... Construction.......... 3. Revenue: Assessment principal-City.. Assessment principal-County Interest Earned............ Total P.I.R. Fund ~) Increase (Decrease) in Revenue $ 31,000 32,055 30,000 $93,055 ---------- ---------- Increase (Decrease) in Expenditures $ 6,765 4,945 45,000 13,845 3,000 19,500 $93,055 CENTRAL EQUIPMENT FUND ADJUSTMENTS ================================== Amendment Purpose l. Personal Services: Sa 1 a ry. . . . . . . . . . . . . . . . . . . . . . PERA....................... . FICA/Medicare. . . . . . .. . . . . . . . 2. Supplies and Materials: Operating Supplies.......... Repair/Maint. Supplies...... Small Tools.......... .'...... ,~ 3. Other Services & Charges: Repair/Maint Labor Vehicles. Contractual Services........ Inspection/Emissions Tests.. Dues/Registrations.......... 4. Contingency................... 5. Equipment Rental Charges...... Total Central Equipment Fund Increase (Decrease) in Revenue 28,386 $28,386 ========== Increase (Decrease) in Expenditures $ 3,450 l55 265 3,600 600 l,500 6,lOO 350 100 100 l2,l66 $28,386 ========= CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 16, 1993 AGENDA t-D. SECTION Staff, Committee, Commissions ORIGINATING DEPARTMENT Administration APPROVED FOR AGENDA ITEM t-D. Extend Acting Administrator's Temporary Salary Daryl E. Sulande~ ~:#O~ Acting Administrator ~<f /..3 . REQUEST The city Council is requested to extend the temporary salary adjustment of $750jmonth for the Acting City Administrator, effective through the duration of the appointment. BACKGROUND '-) On August 3, 1993 the City Council authorized a temporary adjustment of $750jmonth for the Finance Director for the additional duties and responsibilities performed as the Acting City Administrator. The monthly adjustment was effective through November 15, 1993 with consideration for extension if the circumstances warranted. MOTION BY: SECOND BY: '- TO: Regular Andover City Council Meeting Minutes - August 3, 1993 Page 13 ') '--../ APPROVE PURCHASE OF 1994 SlO BLAZER AND RADIO Dave Almgren, Building Official, reviewed the bids for a 1994 S-10 four- door, 4 WD Blazer. The bid from Main Motors is about $20 more than the list price shown in the Agenda material. He recommended the low bid. MOTION by Perry, Seconded by Dalien, approval of the purchase of a 1994 SlO four-door Blazer from Main Motors with a total cost of $20,359.50, and also the purchase of the mobile radio and installation for this vehicle in the amount of $8l7.76; funds to come out of the Building budget. Motion carried unanimously. REPAIR/REPLACEMENT OF WARNING SIRENS ~ Dave Almgren, Building Official, reviewed the request to purchase or repair two of the warning sirens that have been hit by lightning. One is located at l39th and Crosstown; the other at l67th and Seventh Avenues. Because of the trouble they have.had with the ACA Sirens and because the repair of the sirens will mean a complete change of the motor with only a 30-day warranty, he recommended not to repair the ACA but to install a Federal siren instead which has a two-year warranty. The City's cost to repair the two motors would be $l,OOO. The City's cost to replace the two sirens with Federal sirens would be $12,776.64. Council noted an error in the calculation with regard to the insurance deductible. The City's cost to replace the sirens with Federal would be approximately $ll,700. After some discussion, the Council preferred to repair the lower cost because of the big price difference. problem with the motors within the next year or two, the to look the item again. the sirens for If there is a Council agreed MOTION by Jacobson, Seconded by Dalien, that we repair the existing sirens for an approximate cost to the City of $l,OOO. Motion carried unanimously. PERSONNEL COMMITTEE RECOMMENDATIONS Councilmember Jacobson reviewed the recommendation of the Personnel Committee to increase the Finance Director's monthly salary to compensate for additional administrative and public liaison responsibility as the Acting City Administrator. Also, increase the monthly salary of the Assistant City Engineer for additional engineering development project responsibility. Both adjustments would be effective from August l, 1993, through November l5, 1993, unless the City Administrator/Engineer returns to work before then. The second :'} recommendation is to reclassify the Building Department Clerk's position '--./ to Secretary and adjust the hourly rate because of the increased responsibilities and based on the kind of work being done by that employee. ~ '~'.J I..J Regular Andover City Council Meeting Minutes - August 3, 1993 Page 14 (Personnel Committee Recommendations, Continued) There was some discussion on making the adjustment retroactive to June 1 or July l, though it was finally agreed to stay with the recommendation of the Personnel Committee which was based on the request of the employees. If there are funds available after reviewing the City Administrator position on November l5, 1993, consideration could be given to additional compensation for the additional time required prior to August l, 1993. Also, the time period would be extended beyond November 15 if circumstances warranted the need to search for another City Administrator. Mayor McKelvey asked for a motion to approve the two items as recommended by the Personnel Committee. MOTION by Jacobson, Seconded by Perry, to so move. unanimously. Motion carried Councilmember Jacobson stated a third item that was not specifically recommended but was discussed by the Personnel Committee is a policy regarding the hiring of relatives as City employees. In researching the state law and the policy of his company, he proposed a policy which would avoid conflicts of interest. No relative could be hired in the same department. An employee could not directly supervise a relative. An employee could not employ a relative in a position in which he/she evaluates their worth or makes a recommendation for their compensation. Employment of spouses is also subject to this policy. MOTION by Perry, Seconded by Knight, that we accept the recommendation of the Personnel Committee and adopt the employment of relatives policy which is indicated as Number 15, and title the policy as "Employment of Relatives and Spouses". Motion carried unanimously. AWARD BID/IP93-16/SEALCOATING MOTION by Knight, Seconded by Perry, to accept the bid and award the contract for the improvement of Project IP93-l6 for sealcoating in Chapman's lst - 6th Additions and Northglen 1st and 3rd Additions, award to Allied Blacktop Company for $23,908.80. (See Resolution Rl82-93) Motion carried unanimously. APPROVE FINAL PLAT/WOODLAND POND MOTION by Knight, Seconded by Perry, the Resolution approving the final plat of Woodland Pond as being developed by Uptown Construction and Finest Homes as presented, adding the condition that the property owners and the developers are to submit to the City a plan for removal of the buried automotive parts, and that City Staff will be present at the site when those materials are removed. Also add to Item 1 "A variance...for Lot 1, Block 1 as the average depth of the lot is less than 130 feet to allow for the alignment of l4lst Lane NW." (See Resolution Rl83-93) DISCUSSION: Council expressed concern with approving both the preliminary and final plat on the same night because no time is allowed to review the preliminary plat before finalizing it. Mr. Carlberg thought this was done because of the size of the plat but said he will raise that issue with the Review Committee. Motion carried unanimously. .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 16, 1993 AGENDA SECTION NO Staff, Committees, Commissions ORIGINATING DEPARTMENT APPROVED Administration FOR AGENDA ITEM t-O. Approve TKDA as Temporary City Engineer Daryl E. sulander~ ~~~/ Acting Administrator ~ /-'1. DISCUSSION The City Council is requested to authorize TKDA to act on behalf of the City of Andover as the City's Engineer. This is a temporary authorization during the vacancy created by Jim's disability. The existing professional services agreement with TKDA is attached for your review. No change to the agreement is required for the additional general engineering services being requested. , " MOTION BY: SECOND BY: " TO: 'j .....J () ~. ~ " ~ ) '_/ CITY OF ANDOVER, MINNESOTA AUTHORIZAT (ON fOR PROFESS 10NAL SERV ICES TO: Toltz, King, Duvall, Anderson and Associates, Incorporated 2500 American National Bank Building St. Paul, Minnesota 55101 Comm. No. 7' /-.-f! (] Pursuant to our Agreement dated January 5, 1988, you are hereby authorized' to proceed with the professional services described as fol lows: ~EALEttlli!EERI NG SERV ICES Provide general City engineering, architectural or planning assistance on day-to-day matters as requested by the City Councilor designated City representative. Does not include detailed project planning or design. Attend meetings of the City Councilor other City Committees or Commissions, which are not otherwise chargeable to specIfic authorizations, as requested by the City Councilor designated City representative. Compensation for the services described above shall be on an Hourly Rate basis as defined In Article 3 of the Basic Agreement, subject to the following additional conditions: 1. A representative of .TKDA shall attend a maximum of two 3-hour meeti ngs per month for a I ump sum of $50.00 each, wh Ich amount shall I ncl ude the 3-hour meetl ng, pi us travel time and expense. All time spent at the meeting over the 3-hour limit, all meeting preparation time, extra meetings and related expenses shall be billable on the Hourly Rate basis as defined In Article 3 of the Basic Agreement. , 2. Identifiable reproduction costs for miscellaneous plans, maps and other documents In TKDA files requested by the Owner shal I be a reimbursable expense. 3. Each Item shall be listed separately. Approved at a regular meeting of ~/ V A-:L7{/ Mayor ' the City Lb January 5, -.~ Clerk 1988. Attest thor Ized TKf R:2~~;' 2. - \.,. , 19~( Consultant'acceptance -1- 2'd E800-262 ')NI' ')OSStf '8 tfa>ll 00:9, E6, 60 ^ON -, '-~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE )]QuglllQgr Hi. 1991 AGENDA tn SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Staff, Committees, Comm. ITEM toO. Admin. BY: Consider Abatement of ACCAP Assessments ~J V. VOlk~' /5. Attached is a copy of a letter received from the Anoka COUl,ty Community Action Program regarding the properties at 13595 and 13587 Poppy Street N.W. that were tax forfeit. ACCAP is requesting an abatement of the special assessment: on these properties. The assessments amount to approximately $9,400.00 and are for sanitary sewer and street constructi(n. Anoka County was aware of these assessments prior to the s;,le to ACCAP. ~- V:Attach. MOTION BY: SECOND BY: '- TO: Nov 08,1993 05:26PM FROM TO 97558923 P.01 " , \ ',~--) ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 89th AVENUE NE . SUIT!! 345 . BLAINE, MN 55434 . PHONE 753'4747 . FAX 783-4700 . AlJnotod.....' Au_n(;'II" November 8, 1993 Me. viccoria Yolk City Clerk Ci ty of Andover 1685 N.W. Crosstown Andover, Minnesota Blvd. 55304 Dear Ms. Volk: Our organization, Anoka County Community Action Program, Inc., has recently purchased two (2) tax forfeit lots in Andover as part of its Suburban IIome5tead Program. The addresses d.z'e 13!j9~ and l3567 Poppy Street. You have reassessed about $22',906 to these lots. Anoka County has reimbursed you $13,500 based on the sale price paid by ACCAP. We request the City abate the balance of $9,406. \~ We m~de this request for the following reasons: *ACCAP is a private not for profit corporation which delivers a wide variety of human service programs to lower income and senior citi~ens in Anoka County. This program, the Suburban Homestead, has a goal of using surplus properties to provide home ownership opportunities to lower income families who are first time home buyers. The project operates without any Governmental or non governmenca1 tuncting including administration. All of ACCAP's costs are born by the buyer of the property, *When we purchased these tax forfeit lots, we did not know that the City could reassess the old assessments to the new owner. *In this particular project, ACCAP purchased the lot from the County, split it in two and had projected the moving of two (2) house:;; dunat..ed by the Auoka County Eoal.-d of Commi:ssioners, which they had acquired because of the improvements on County Road 9 (Round Lake Blvd.). Unfortunately, one of the donated houses was not moveable. Consequently, to develop the property, we need to do a new build on one of the lots. This subst~nti~lly r~iGco our coots .:lnd thus the costs to our client family. With the assessments our projection of the costs are: "'~ New build: Moved house: $80,000 $69,000 ...-.. ,........IAI I'"\"'PV""IonTI'UITV ~"Ol nVe'~ Nov 08,1993 05:27PM FROM TO 97558923 P.02 ~) Ms. Victoria Yolk November 8, 1993 page 2 While these lolL'lces will be ninety percent (90~~) of the projected value, the selling price is still a substantial financial burden to the families who will purchase these houses. If the City abates the assessments, the costs would be: New build: Moved house: $75,300 $64,300 which would help keep the houses affordable. *We are expediting the process of putting these properties on the tax roles which benefits all the taxing districts affected. As evidenced by the lack ot sale of this property, it appears this is not something the private sector could do. We appreciate any consideration the City would give us to keep these houses affordable and completed on a timely basis. ~ If you have any questions, please do not hesitate to contact me. Sincerely, ~uJ~~ ~ ~ W~rick M~and Executive Director PM/ch (:J ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. TOTAL P.02 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November ]6. lqq~ AGENDA f\O. SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM tn Release Escrow/Leeman Lake Estates BY: I&;. The City Council is requested to release the following esc~ows: 1. Developers improvement escrow of $5,000.00 plus interest. The developer's engineer has provided the documents certifying the development is complete per the grading, drainage and erosion control plan and per the street and storm sewer plan and profile. 2. The developer'S 1 year warranty escrow of $2,500 plus interest. The street and storm sewer have not failed within the 1 year. The city Engineering Department and Public Works Department have made the final inspection and recommend release of these escrows. MOTION BY: SECOND BY: TO: ,-, ,-.J (~ (J AGREEMENT THIS AGREEMENT, made and entered into this day of 1993, by and between Meadow Creek Associates, a " Minnesota general partnership, Grace Lutheran Church of Anoka, Minnesota, a Minnesota non-profit corporation, and City of Andover, a municipal corporation. WITNESSETH: WHEREAS, said Meadow Creek Associates is the owner of land in the County of Anoka, State of Minnesota, legally described as follows: All that part of the west 300 feet of that part of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, lying East of the west 733.02 feet thereof and lying North of the north line of 136th Lane NW and its easterly extension, as now laid out and platted in the plats of Chapman's Second and Third Additions, Anoka County, Minnesota, and lying westerly of the west line of Parcel 24B, Anoka County Highway Right- of-Way Plat No. 47, Anoka County, Minnesota, and its northerly extension. WHEREAS, said Grace Lutheran Church of Anoka, Minnesota is the owner of real property legally described as follows: That part of the east 288 feet of the west 733.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24 in Anoka County, Minnesota, which lies North of the north line of 136th Lane NW as now laid out and platted in the plats of Chapman's Second and Third Addit.ions, according to the map or plat: thereof on file and of record in the office of t:he Register of Deeds, Anoka County, Minnesota. WHEREAS, said City of Andover is altering the access to the properties owned by Meadow Creek Associates and Grace Lutheran Church of Anoka, Minnesota; and WHEREAS, since t~e access to these properties is being altered, it is necessary for Grace Lutheran Church of Anoka, CJ ,~) o Minnesota, to obtain an easement across the southerly portion of the property owned by Meadow Creek Associates for ingress and egress to the property owned by Grace Lutheran Church of Anoka, Minnesota; and " WHEREAS, the easement document accomplishing this easement is attached hereto as Exhibit A; and WHEREAS, a condition of Meadow Creek Associates and Grace Lutheran Church of Anoka, Minnesota entering into this road easement agreement is that the City of Andover shall construct, maintain and accept all liability associated with the construction, maintenance and existence of this road easement. NOW, THEREFORE, IN CONS IDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: 1. The City of Andover agrees and acknowledges that it shall have the right and responsibility to maintain in good condition and repair the driveway easement for ingress and egress described above. This maintenance shall include, but not be limited to~ policing, inspection, security protection and traffic direction; removal of all rubbish, and dirt and debris, removal of snow and ice, painting and cleaning, sealcoating, replacing and remarking paved and unpaved surfaces, curbs, directional and other signs, landscaping, lighting and drainage, painting of exterior improvements and other buildings, and other similar items. 2. The City of Andover agrees to accept all liability associated with the maintenance in condition and repair of the driveway easement and any signs, curbs, landscapings, etc. associated with the driveway easement. This liability shall include, but not be limited to, all responsibilities with respect to policing, inspection, security protection and traffic direction, removal of all rubbish, dirt and debris, removal of snow and ice, -2- :J '0 o painting and and unpaved landscaping, improvements, cleaning, sealcoating, replacing and remarking paved surfaces, curbs, directional and other signs, lighting and drainage i painting of exterior other than buildings and other similar items. " 3. In the event that this driveway easement is terminated because Grace Lutheran Church of Anoka, Minnesota obtains access to 136th Lane NW or to Round Lake Boulevard, then the City of Andover agrees to remove the driveway easement and return this property to the condition in which it existed before the driveway easement was constructed. The City of Andover will also bear all costs and expenses associated with preparing the necessary documents to terminate this easement in the event Grace Lutheran Church of Anoka, Minnesota obtains proper ingress and egress to 136th Lane NW or to Round Lake Boulevard. IN WITNESS WHEREOF, the said parties have hereto set their hands the day and year first above written. MEADOW CREEK ASSOCIATES GRACE LUTHERAN CHURCH OF ANOKA, MINNESOTA By ,~~ L- b .JU) Its ry\ M) ~ (),:-; -f iv-f ) f By ~ /... f!1~ I ts ~I<<- ~b.r- CITY OF ANDOVER By Its -3 - STATE OF MINNESOTA ,J COUNTY OF The foregoing instrument was acknowledged before me this day of " , 1993, by , the of Meadow Creek Associates, a Minnesota general partnership, on behalf of said partnership. ss. Notary Public STATE OF MINNESOTA ss. COUNTY OF the Minnesota, a corporation. The foregoing instrument was acknowledged before me this day of , 1993, by , of Grace Lutheran Church of Anoka, Minnesota non-profit corporation, on behalf of said Notary Public ~J STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledge~ before me this day of , 1993, by , the of the City of Andover, a municipal corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. (CMS) 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 780-8500 .:J -4- ~J '~J (J Exhibit A GRANT OF EASEMENT " THIS EASEMENT, made and entered into this day of 1993, by and between Meadow Creek Associates, a Minnesota general partnership, and Grace Lutheran Church of Anoka, Minnesota, a Minnesota non-profit corporation. WITNESSETH: WHEREAS, said Meadow Creek Associates is the owner of land in the County of Anoka, State of Minnesota, legally described as follows: All that part of the west 300 feet of that"part of the Northwest Quarter of the Southeast:. Quarter of Section 32, Township 32, Range 24, lying East of the west 733.02 feet thereof and lying North of the north line of 136th Lane NW and its easterly extension, as now laid out and platted in the plats of Chapman's Second and Third Additions, Anoka County, Minnesota, and lying westerly of the west line of Parcel 24B, Anoka County Highway Right- of-Way Plat No. 47, Anoka County, Minnesota, and its northerly extension. WHEREAS, said Grace Lutheran Church of Anoka, Minnesota is the owner of real property legally described as follows: That part of the east 288 feet of the west 733.02 feet of the Northwest Quarter of the Sout:.heast Quarter of Section 32, Township 32, Range 24 in Anoka County, Minnesota, which lies North of the north line of 136th Lane NW as now laid out and platted in the plats of Chapman's Second and Third Additions, according to the map or plat thereof on file and of record in the office of the Register of Deeds, Anoka County, Minnesota. WHEREAS, as part of the restructuring of access to both the Meadow Creek Associates property and Grace Lutheran Church of Anoka, Minnesota property by the County of Anoka, it has become necessary to alter the routes of ingress and egress to both of these properties; and c) WHEREAS, in order to obtain the necessary ingress and egress to their respective properties, both parties hereto agree to grant to other party mutual easements for ingress and egress and parking for the purposes and under the conditions set forth herein. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL TRANSFER OF EASEMENTS AND THE MUTUAL COVENANTS CONTAINED HEREIN, THE p.~TrES HERETO MUTUALLY AGREE AS FOLLOWS: 1. Meadow Creek Associates, a Minnesota partnership, hereby grants and conveys to Grace Lutheran Church of Anoka, Minnesota, its successors and assigns, the non-exclusive right, easement and license for the purposes of allowing Grace Lutheran Church of Anoka, Minnesota, its successors and assigns, its employees, guests, and invitees, ingress and egress and allowing the parking of vehicles over the property legally described as follows: A permanent easement for driveway, conscruccion and maintenance purposes over, under and across the southerly 34 feet of the following described property: ~J All that part of the west 300 feet of that part of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, lying East of the west 733.02 feet thereof and lying North of the north line of 136th Lane NW and its easterly extension, as now laid out and platted in the plats of Chapman's Second and Third Additions, Anoka County, Minnesota, and lying westerly of the west line of Parcel 24B, Anoka County Highway Right- of-Way Plat No. 47, Anoka County, Minnesota, and its northerly excension. 2. Grace Lutheran Church of Anoka, Minnesota hereby grants and conveys to Meadow Creek Associates, its successors and assigns, the non-exclusive right, easement and license for the purpose of allowing Meadow Creek Associates, its successors and assigns, its employees, guests and invitees, ingress and egress and allowing the parking of vehicles over the property legally described as follows: ~) -2- / '\ ''-..J A permanent easement for driveway, construction and maintenance purposes over, under and across the south 100 feet of the east 100 feet of the following described property: That part of the east 288 feet of the west 733.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, in Anoka County, Minnesota, which lies North of the north line of l36th Lane NW, as now laid out and platted in the plats of Chapman's Second and Third Additions, according to the map or plat thereof on file and of record in the office of the Register of Deeds, Anoka County, Minnesota. " , 3. Pursuant to a separate agreement between these parties and the City of Andover, the City of Andover shall have full responsibility and rights to maintain in good condition and repair this driveway easement for ingress and egress. This maintenance shall include, but not be limited to, policing, inspection, security protection and traffic direction, removal of all rubbish, dirt and debris, removal of snow and ice, painting and cleaning, sealcoating, replacing and remarking paved and unpaved surfaces, ~J curbs, directional and other signs, landscaping, lighting, and drainage, painting of exterior improvements other than buildings, and other similar items. 4. This easement shall terminate if and when Grace Lutheran Church of Anoka, Minnesota obtains proper access for ingress and egress to l36th Lane NW or to Round Lake Boulevard. At the time that such access is obtained, both parties hereto and/or their successors in title shall execute a termination of this easement. IN WITNESS WHEREOF, said parties have hereto set their hands the day and year first above written. '\ \J -3 - MEADOW CREEK ASSOCIATES GRACE LUTHERAN CHURCH OF ANOKA, MINNESOTA '~ By By Its Its " STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1993, by , the of Meadow Creek Associates, a Minnesota general partnership, on behalf of said partnership. Notary Public ,~_) STATE OF MINNESOTA COUNTY OF 5S. The foregoing instrument was acknowledged before me this day of , 1993, by , of Grace Lutheran Church of Anoka, Minnesota non-profit corporation, on behalf of said the Minnesota, a corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. (CMS) 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 780-8500 -, \.J -4- , '- , ) '-/ ':~) '\ '-~ '1/-;2.8 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 " August 12, -1993 Reverend steven L. McKinley Grace Lutheran Church 13655 Round Lake Boulevard NW Andover, MN 55304 Dear Reverend McKinley: The City Council on June 15, 1993, basically concurred with your letter dated May 27, 1993. I have enclosed a copy of the minutes from the Council meeting for your records. please note the six (6) items the City has agreed to which were referenced in your letter. Please also note that the City will not accept liability for any and all accidents that may occur on the streets, as the City's liability would be the same as for any public street. , In regard to your question as to when Anoka County will be constructing the "new roads", you should contact Doug Fisher at the Anoka County Highway Department. You can reach Mr. Fisher at 754-3520. Please feel free to contact me if I may be of further assistance to you. Sincerely, J. E. McKelvey Mayor Enclosures r:-c, I .. , '.; I '-/ Regular Andover City Council Meeting Minutes - June 15, 1993 Page 9 (Quinn Street Discussion, Continued) " After some discussion, the Council agreed to have temporary barricades set up to close Quinn Street at about 138th Avenue. Signs indicating when the road will be closed will be set up; then the barricades put up temporarily. This is to be done as soon as possible. They also agreed to hold a meeting with the affected residents at the next regular meeting, July 6, 1993, to discuss the possibility of permanently closing the street. Mr.~ Lenz and Mr. Kirshener agreed to notify the residents of the meeting. Mr. Haas stated the City will also send out notices of the meeting. The Mayor also agreed to request additional Deputy enforcement for that area. APPROVE REVISED PLAN/ROUND LAKE AND BUNKER LAKE BOULEVARDS The Council determined no contractual obligation is needed with Grace Lutheran Church regarding those items agreed to for the access to the church in the Bunker Lake Boulevard road construction project. The following motion was made basically concurring" with the May 27, 1993", letter received from the Reverend Steven L. McKinley. \.~-) MOTION by Perry, Seconded by Knight, that the Andover City Council accept. the letter dated May 27, 1993, from Grace Lutheran Church regarding the agreement that has been reached between the church and the City in regard to the improvement of Round Lake Boulevard; and that the City has agreed to the following per the letter: l. The City will recommend that temporary span-wire traffic control system be installed at the intersection of Bunker Lake Boulevard and tne new north/south street. 2. That the City will recommend that the county engineer design the road and be constructed in compliance with engineering data and to make every effort to insure that surface water drainage is away from the church parking lot. 3. The City will accept the north/south and east/west streets as public streets. 4. That provision will be made for the installation of adequate signings to indicate access to the church and that the costs for that installation will be borne by either the City or the county. 5. That the City of Andover agrees to and has installed replacement trees on the earth berm. 5. That the City will recommend that the Church's current driveway access to Bunker Lake Boulevard be reconstructed by Anoka County into an entrance-only configuration. And that a letter be drafted to the minister of Grace Lutheran Church, the Reverend Steven L. McKinley, and signed by the Mayor. -'" ~) DISCUSSION: Councilmember Perry stated the City will not accept liability for any and all accidents that may occur on the streets, as the City's liability would be the same as for any other public street. r) ....J Regular Andover City Council Meeting Minutes - June 15, 1993 Page 10 (Approve Revised Plan/Round Lake and Bunker Lake Boulevard, Continued) Dale Strassberq, 3422 l36th Lane - stated there are some issues that are not addressed in the letter. There's nothing specific about the building of the berm and trees in front of the residences. There was discussion of the berm continuing in front of Big Wheel Rossi. Also, the church said they would put in a gate at l36th, but that has not yet been done and traffic continues to go through there. He felt some date should be set for when that will be done. Mayor McKelvey stated the letter only adaresses its agreement with the City, not with the residents. He agreed to add a paragraph in the letter to Rev. McKinley asking that the gate be installed as soon as possible but no later than the completion of the road project. Motion carried unanimously. MUSA DISCUSSION '''---" '0 Council discussed potential areas for the expansion of the Metropolitan Urban Service Area if the City receives additional MUSA. The next step would be to ask for" 200 additional acres of MUSA. Mayor McKelvey didn't know if that would be 200 buildable acres or acreage including nonbuildable land. It was his preference to develop in an orderly fashion, noting the parcels requesting MUSA that lie south of Andover Boulevard and east of Hanson Boulevard amount to roughly 200 acres. Ms. Carlberg stated about eight acres of Ms. Sonsteby's property on the west side of the City can be serviced with the Coon Rapids Interceptor. The question to be addressed on that parcel, however, is access to' it. Mayor McKelvey reported the Mayor of Anoka has indicated they will be developing the property north of Anoka High School within the next year. At that time, they may have some access in the sewer line left to serve that southwest corner of Andover. This is Anoka's own line. The CAB Intercept will not be available until the year 2020. Councilmember Jacobson suggested the City look at the impact of expansion on the schools, police and fire protection, etc. Does the City want to continue as in the past or does it want to slow down to catch up? He'd like to see someone come in with some nice senior housing with a small shopping center, medical clinic, etc. That should be determined by zoning now before the City is all built up. Mayor McKelvey was told the school district needs Andover's expansion to fill in the elementary s::hools in Coon Rapids. The building needs now are for the middle school. The senior citizen housing concept is also being considered. Councilmember Perry felt the MUSA should be expanded logically as proposed by the Comprehensive Plan Task Force. She had no problem with the proposal of Mayor MCKelvey, but she also felt that the wetlands, .", etc., should be included in the 200-acre request. "-) Because several of the Councilmembers were not prepared to make a recorr~endation on the specific parcels this evening and because of the .late hour, the Council agreed to table the item until July 6, 1993. ~ o-n/ 9/- :m CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA NJ. SECTION " ORIGINATING DEPARTMENT Discussion Item Todd J. Haas, Enginee ring ,\,-:..-",' APPROVED FOR AGENDA 'ITEM NJ. BY: Approve Revised Plan/Round Lake & Bunker Lake Blvds. .u" , . The City Council is requested to approve the written agreement between Grace Lutheran Church and the City of Andover to be prepared by the City Attorney and allowing the Mayor, City Clerk and Grace Lutheran Church to execute the agreement. A copy of these requests by the Church have been sent to the Anoka County Highway Department for their review. ~) MOTION BY: C) TO: " /--- , I '----' GRACE LUTHERAN CHURCH 13655 Round LaKe Blvd. NW Andovep, MN 55304 421-6520 M'lY '1'" .;..,/ 'f 1993 " ''i'lr. .j'lcl< McKelvey 15327 Nightingale Andover" MN 55304 ,~ . .:,'1,,0 . Dear Mp. McKelvey, I wllnted .to f(Jllaw IIp QljP jnee'~ina summary of the agreement we have W0111d liKe ~u helve 11 written Chljr:h~ 'ttl8 City of An~aver; ana of j-'1ond(".i.Y r~11ched (15 RECEIVED \ JUN - 8 1993 _ CITY OF ANDOVER niaht with Q Wrltten we understand it. I Willl"t Grl)Ce L1l"t!lerlln T'~'~'(:(Jrd of AI10Kll COllnty n!lve I~n~eed t= in ,-. ;:.? 1. rl t. ion ;;:. hip ....j i I:: p T'D..,i ~?C .~.. + On our part, Grace Lutheran Church agrees to llccept the constrllC- tion option which will develop a north/south street to the east of the ppofessional building, which abuts our east property line. This roadway will not connect with 136th lane, as an east/west roadway will be constructed between the parK1ng lot of tne professional building and 136th Lane, entering the southeast corner of the church's parKing lot. While this option is not the best solution from the perspective of the church, we are pre~11red to support this Gotion In the interest o-p har~nonious ~ re 1 !:~t:L Cln ':; :,.J i th iJf t...hi';3. C.'1l r n (-:; i c; h b cr"::.. ^ ' f"-: ~:' :];1 r -~... cnJ,l~cn l)grees ~w constrl!ct Q d1lrl101e gate driveWllY rlCCeSS to 136th 1_!1112 !lnd ~cse St~eet. Bllsed on the 11grsement re'lched r).t Mond'lY night's the Ilnderst1lnding that tIle chllrc:, Ciln e~'~Dect com!nitments from the City o'p AndoveT~, worKing In 11nol<.'l COllnty. 1. A tempoPIJ.ry (sPQn-Wil~e) rJ.(J f":-?~-::-m(7:n .:: " l. t.. .~ '..,11'::.' (l c.:: r- D .~-.::; '1:.,"1 ~=.' :; cu th ~ \~b II . ~7 ..,"- \-....f 1f1', '1,r ,'C""- 1.- \~ .,'}, meS,i:'10a" 1 t. .-- t: r-- Ih ~l' .'- ,'I', '':'. e T I] .:..(J~..,llnq 'l"-.~~(, con,j!Jnction with -::;-"'.- 'j'!~f2+'" .traffic control system will be '1:~j d instlJ.ll(~d G.t ~ '::.i1\':? ij,t2rs2c~i8:~ of Bl.lnl<er LIJKe "i,-,hl:? nc-?w blJ.nl<. . ) north/'::.OIJi'..h de':~.c ribl3d (\Do'''''F..: 2. The new road will be y )fl1 :5-h ion th (1 t n lJ '511 rillC IE! /church carKing lot. ~......"\ LLO , :3 c I.~ : i:'? \/ ,1 .;-.:::~ :: 11C T-Q'.:;.::- F .I~cm thf~ designed 'lnd constr1lcted in such a w1lter is rl110wed to dr'lin into '~he 3. The legal Jurisdiction for both the north/south and the east/wes~ streets described above will be in the puclic domain. meaning that either the City of Andover or AnoKa COllnty w:ill hllve liability 'Por llny l:lccidents wtlich take pl.lce .thereon '1n(j will be resDollsible for 1111 ml1intenl1J1Ce ~J t~\ .",>1'f.. \}-cc 'J' V ~< ,:\1)- ;~ <~lJ IJ'"' '.><':' Q " " ,,- r~ -... . ) '---' t' '" ~ 1 d' (1<:...1...,.11:..1(.;:.:;;.... "i.nc. U'lng SystelTI perpetl.lQtian~ ':;nDW r's.mo..'/(tl (lnd ~.I..l r-to,CE' (lnd d r 0, i n 1~.1 9 e 4. Provision will be made for the installation of adequate ":::. i (} n in q (t 1 Dn q' Bun !'Z I:? r L'l!<'''~ 2ol.! IF:"./(l I'd (p (::: :-'m i t. c C"; t..:: tD b (.:~ borne by the City or the County), maKing it easy for those desiring access to the ch1lrcl, 'Pram either the ellst or the ~ i....l i'~' -;:::. t.> j.de~tiP'1 .th~ '~~~'~l i~\ C r.: ::. .::: -:::. D n ::. ;') T.. '::;. .. I .J. ,_ _ '",Ie '-~~ !.. -~ \- ':;! .,l..i- 'thera[l C;1IJrci, proIJey'-ty. ,._1 ., Tt19 City o'p Andover will f'lrni~h '1nd install 'It ~o cost ~ to the church, replacement berm which abuts 136th Lane, bilers l'lS.t winter. trees on .tlle top of replaCing those lost t.h (2 I? 11 r."th to -5liQWmCt- , /6.) ih eo' c j""j I.l 'iC h" '::. c 1J. r. r-en t .J iO. i "/~i'!..J(lO,,:,, !:\ c c "2~:; ':~ :.:'D ~:{ilr"; i<:e T- L '~..i< I::" f BOi.!l;~v(),rd (nOl'tl~1 11ccess) t""ill be r'econ-~trlJcte(j by l~iIlCd<,ll lO ~ , 't ' 1 f ' , , ~ + L. t' d \€. L.oun1:',,' In 0 !:In en-r..r+-:lnCI?:! c\n _ ol con 19lJ r-clt.lon ~ t orom ....111'7:. Oil '51 e lane of the eastbound roadway, This worK will be done as part o~ the County project at no cost to the church. For the saKe of the clarity of everyone's records. I believe that it would be wise for all of these agreements to be put in writ- ing. ThanK you -Por YOIJr help on this matter. o Your's truly" s%"'vl ), I!)q(~l The Rev. Steven Lt McKinley CC; John Dl'5on (J r,:. 'C.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nnuo1'Y1hQr Ii. 1993 AGENDA NJ. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM NJ. Admin. BY: /1. Accept Easements/159th Avenue/91-16 v. Volk J. 0 . The City Council is requested to accept the attached easements for Project 91-16, 159th Avenue. V:Attach. '-) MOTION BY: SECOND BY: " TO: '.f ---, '~--J) :.) (J '- ~ EASEMENT GRANT THIS EASEMENT, made this /5fh day of ~i-t.be..r , 1993, by Michael T. Conway and Janet K. Conway, husband and wife, Grantors, to the City of Andover, a municipal corporation, Grantees, County of Anoka, State of Minnesota. WITNESSETH, that Michael T. Conway and Janet K. Conway for value received do hereby dedicate to the City of Andover the following easement over the land located within the City of Andover, County of Anoka, State of Minnesota, described as follows: That part of Government Lot 6 in Section 13, Township 32, Range 25, Anoka County, Minnesota, described as follows: Commencing at the Sixteenth Corner in the Center of the Southeast Quarter of said Section 13; thence West 1 rod; thence deflecting to the right 49 degrees 30 minutes a distance of 421.2 feet; thence deflecting to the left 20 degrees 00 minutes a distance of 90.3 feet to the actual point of beginning; thence continuing along the last described course 9.71 feet; thence deflecting to the left 18 degrees 1,5 minutes a distance of 97.37 feet; thence deflecting to the left 42 degrees 30 minutes a distance of 251.4 feet; thence deflecting to the right 66 degrees 00 minutes distant 153.7 feet; thence deflecting to the left, 42 degrees 12 minutes a distance of 24.46 feet; thence deflecting to the left 100 degrees 03 minutes a distance of 179.58 feet; thence deflecting to the left 33 degrees 35 minutes a distance of 91.51 feet; thence deflecting to the left 16 degrees 10 minutes a distance of 105.6 feet to a point hereafter known as "Point A"; thence deflecting to the right 90 degrees 00 minutes a distance of 66 feet; thence deflecting to the right 9 degrees 34 minutes a distance of 172 feet to the bank of the Rum River; thence deflecting to the left along said bank 90 degrees 16 minutes a distance of 168.8 feet; thence deflecting to the left along said bank 16 degrees 55 minutes a distance of 170.9 feet; thence deflecting to the left along said bank 22 degrees 33 minutes a distance of 70 feet more or less to its intersection with a line drawn South and parallel with the East line of said Lot 6 from the point of beginning; thence North along said parallel line 640 feet more or less to the point of beginning. A perpetual easement for public roadway purposes over, under and across that part of the above described property described as follows: Beginning at a point on the northerly right-of-way line of 159th Avenue NW described above as "Point A"; thence northerly along a circular curve concave to the south having a radius of 50 feet, a central angel of 156 degrees 55 minutes, and an arc length of 136.94 feet to a point on said right-of-way line; thence easterly along said right-of-way line a distance of 97.98 feet to the point of beginning and there terminating. "- <.....) State Deed Tax Due: None IN WITNESS WHEREOF, Michael T. Conway and Janet K. Conway have caused these presents to be executed or have set their hands the day and year first above written. IN PRESENCE OF: 1l1~~7. ~ Michael T. Conway f)-.d lfL+ Janet K. Conw y ~J <J :~) :_) '~J STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this 15th day of O...-Iobu- , 1993, before me, a notary public within and for said County, personally appeared Michael T. Conway and Janet K. Conway, husband and wife, to me known to be the person(s) described in and who executed the foregoing instrument and they executed the same as their free act and deed. ~b.~ Notary Public &; SHAWN D. GUSTAFSON NClTAR't I'IaJC DAKOTA COUNTY IIY CCIIIIISSICN EXPIRES 5-3'.e5 NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on , 19_, the above described easement in this document. Dated: , 19_ CITY OF ANDOVER (SEAL) By Clerk This instrument was drafted by: Burke and Hawkins, P.L.C. 299 Coon Rapids Blvd., #101 Coon Rapids, MN 55433 (~) '---' EASEMENT GRANT THIS EASEMENT, made this IStJ. day of O..f.obu- ,1993, by John J. Galvin and Janet A. Galvin, husband and wife, Grantors, to the City of Andover, a municipal corporation, Grantees, County of Anoka, State of Minnesota. WITNESSETH, that John J. Galvin and Janet A Galvin for value received do hereby dedicate to the City of Andover the following easement over the land located within the City of Andover, County of Anoka, State of Minnesota, described as follows: /~''\ '-J That part of Government Lot 6 in Section 13, Township 32, Range 25, Anoka County, Minnesota, described as follows: Commencing at the Sixteenth Corner in the Center of the Southeast Quarter of said Section 13; thence West 1 rod; thence North on a line 1 rod West of and parallel with the East line of said Government Lot 6 a distance of 51.7 feet to the actual point of beginning; thence deflecting to the left 39 degrees 30 minutes a distance of 386.7 feet; thence deflecting to the left 20 degrees 00 minutes a distance of 111.12 feet; thence deflecting to the left 18 degrees 15 minutes a distance of 115.5 feet; thence deflecting to the left 42 degrees 30 minutes a distance of 242.8 feet; thence deflecting to the right 66 degrees 00 minutes distant 145.0 feet; thence deflecting to the left 42 degrees 12 minutes to the bank of the Rum River; thence northerly along said bank to its intersection with a line drawn parallel to and distant 1967.47 feet South of the North line of Government Lot 7 in said Section 13; thence East along said parallel line 981.5 feet more or less to a line drawn parallel with the East line of said Government Lot 6 from the actual point of beginning; thence South parallel with said East line to the actual point of beginning. EXCEPT that part thereof deeded for road in Document No. 209401 in Book 479, Page 309. ':) ALSO, except that part thereof lying within the following described tract: Commencing at the Sixteenth Corner in the Center of the Southeast Quarter of said Section 13; thence West 1 rod; thence North on a line 1 rod West of and parallel with the East line of said Government Lot 6 to a point 1486.32 feet South of the North line of Government Lot 7 in said Section 13; thence deflecting to the left 88 degrees 35 minutes and parallel with the North line of said Lot 7 a distance of 701.5 feet; thence deflecting to the left 82 degrees 58 minutes a distance of 230.41 feet; thence deflecting to the right 18 degrees 58 minutes a distance of 131.15 feet; thence deflecting to the left 12 degrees 28 minutes a distance of 342.5 feet to a point hereafter known as "Point A"; thence to the right at an angle of 68 degrees 30 minutes a distance of 127.5 ,-) ~J " ) '\_- feet more or less to the shore of the Rum River, being the point of beginning of the tract to be described; thence easterly along the last described course to Point A; thence to the right with an interior angle of 68 degrees 30 minutes a distance of 24 feet; thence deflecting to the left 31 degrees 33 minutes a distance of 139.6 feet more or less to the bank of the Rum River; thence to the right along the bank of the Rum River a distance of 107 feet more or less to the point of beginning. Subject to an easement over the West 1 rod of the East 2 rods of said Government Lot 6. A perpetual easement for drainage purposes over, under and across that part of the above described property as follows: Commencing at the Sixteenth Corner in the Center of the Southeast Quarter of said Section 13; thence West 1 rod; thence North on a line 1 rod West of and parallel with the East line of said Government Lot 6 a distance of 51.7 feet; thence deflecting to the left 39 degrees 30 minutes a distance of 215 feet; thence deflecting to the right 90 degrees 00 minutes a distance of 33 feet to a point on the northerly right-of-way line of 159th Avenue NW and the actual point of beginning; thence continuing along the last described course 70 feet; thence deflecting to the left 90 degrees 00 minutes a distance of 55 feet; thence deflecting to the left 90 degrees 00 minutes a distance of 70 feet to a point on said right-of-way line; thence southeasterly along said right-of-way line a distance of 55 feet to the point of beginning and there terminating. State Deed Tax Due: None IN WITNESS WHEREOF, John J. Galvin and Janet A. Galvin have caused these presents to be executed or have set their hands the day and year first above written. IN PRESENCE OF: (/ l Q G, /J ' ~~f _(' . /, ,.,/j tt--t.<.~ I /.- "John UGal~in _ ,: V' ',." l I!t. ' (~ ,c.:,.! (i :'>--- / u' t.. t.,,/ '- Janet A. Galvin- ,. /~ ') STATE OF MINNESOTA ) '_oJ ) ss. COUNTY OF ANOKA ) On this /5H. day of C)~.:l"'Obe.r , 1993, before me, a notary public within and for said County, personally appeared John J. Galvin and Janet A. Galvin, husband and wife, to me known to be the person(s) described in and who executed the foregoing instrument and they executed the same as their free act and deed. L :D. ,{f'f'U" Notary Public .' SHAWN D. GUSTAFSON IIOTAIlY PU8UC DAKOTA COUNTY IIY CClIIIIISSION Exl'lRE3 WI" NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on , 19_, the above described easement in this document. Dated: , 19_ CITY OF ANDOVER (SEAL) :J By Clerk This instrument was drafted by: Burke and Hawkins, P.L.C. 299 Coon Rapids Blvd., #101 Coon Rapids, MN 55433 , '\ '" J DATE: November 16, 1993 ITEMS GIVEN TO THE CITY COUNCIL Planning and Zoning Minutes - October 26, 1993 C.C. & Auto Recycling/Junk Yard Task Force Minutes - 10/27/93 Safety Committee Minutes - October 28, 1993 Disaster Committee Minutes - October 28, 1993 City Council Minutes - November 2, 1993 October 1993 Monthly Bldg. Report - November 3, 1993 Memo from City Clerk - November 16, 1993 Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. , i",'i".(]). \ ..LW\. .' -' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Mayor and City Council Acting Administrator City Clerk ~V November 16, 1993 Summons Attached is a Summons that was served on the city on Monday, November 9, 1993. Bill Hawkins will discuss this with you during the closed meeting on November 16th. V:Attach. STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT ----------------------------------- 3 - Contract Scott Foyt, individually and d/b/a Old is Gold Construction, Plaintiff, File No. vs. SUMMONS City of Andover, a municipal entity, Defendant. ------------------------------------ STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff's attorney an Answer to the Complaint which is herewith served upon you within twenty (20) days after service of this Summons, exclusive of the date of such service. If you fail to do so, jUdgment by default may be taken against you for the relief demanded in the Complaint. Dated: November 2, 1993. CHAMBERLAIN, NEATON & JOHNSON --~~ P r~ck-"J'-. Nea ~neys f 445 Lake, Wayzata, MN 55391 (612) 473-8444 Atty. I.D. No. 77318 STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT ----------------------------------- 3 - Contract Scott Foyt, individually and d/b/a Old is Gold Construction; Plaintiff, File No. vs. COMPLAINT City of Andover, a municipal entity, Defendant. ------------------------------------ Plaintiff, for its Complaint against Defendant, states and alleges as follows: FACTUAL BACKGROUND 1. Plaintiff Scott Foyt is, and at all times relevant herein, has been, a Minnesota resident doing business as Old is Gold Construction, with its principal place of business at 1442 Prairie Road Northwest, City of Andover, County of Anoka, State of Minnesota. 2. Defendant is a municipality in the County of Anoka, State of Minnesota with its principal office at 1685 Crosstown Blvd. Northwest, Andover, Minnesota 55304. 3. On or about May 4, 1993, Defendant solicited competitive bids by "Advertisement for Bids" for installation and construction of utility and street improvements in its Weybridge Third Addition (hereinafter referred to as the "Subject Project"). 4. According to Defendant's aforesaid "Advertisement for Bids," the scheduled bid opening was set for June 10, 1993 and the "City Council will consider award of contracts at a regular meeting to be held at 7:30 p.m., Tuesday, June 15, 1993." 5. Prior to June 10, 1993, Plaintiff obtained a set of the Plans for the Subj ect proj ect from the Defendant's engineer, including therein "Instructions to Bidders" which provides at Section 18 thereof: SIGNING OF AGREEMENT. When the Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least three unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen days thereafter, Contractor shall sign and deliver at least three counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten days thereafter, Owner will deliver all fully signed counterparts to Contractor. 6. In accordance with, and in reliance upon, the aforesaid "Advertisement for Bids" and the "Instructions to Bidders", Plaintiff prepared and submitted a bid of $199,927.32 for the Subject Project. 7. On June 10, 1993, Defendant and its engineer opened and tabulated all. 10 bids, including Plaintiff's bid, that Defendant had received for the Subject Project; the results of this tabulation establish that Plaintiff's bid of $199,927.32 was the low bid for the Subject Project (the engineer's estimate for the Subject Project was $259,732.60). 8. On June 15, 1993, Defendant's City Council unanimously adopted a resolution awarding the contract for the Subject Project to Plaintiff in the amount of Plaintiff's bid of $199,927.32. 9. Defendant prepared a written contract (in accordance with the "Form of Contract Documents" contained in the Subject Project Specifications) between Plaintiff and Defendant, dated June 15, 2 1993, setting forth Plaintiff's $199,927.32 bid as the contract price, and setting the completion date for the Subject Project at September 17, 1993. 10. By letter dated June 17, 1993, Defendant's agent, the Subject Project engineer, notified Plaintiff as follows: The City of Andover has awarded you the contract for the above-referenced project. We are enclosing herewith three copies of the contract. Will you please sign all three copies, affix your seal if you have one, and return them to this office. We will have the contract signed by the City officials after which you will receive a copy for your files. This June 17, 1993 notice also requested that Plaintiff provide Defendant with the requisite bonds and certificates of insurance, which Plaintiff did. 11. Based upon, and in reasonable reliance upon, the aforesaid June 17, 1993 "Notice of Award", Plaintiff placed its orders for the specifically designated materials necessary to complete the Subject Project. 12. By letter dated June 18, 1993, Defendant's agent, the engineer for the Subject Project, notified Plaintiff and numerous other entities who would be involved in the construction of the Subject Project that a "preconstruction conference" had been scheduled on the Subject Project for June 28, 1993. 13. On June 28, 1993, Plaintiff attended the aforesaid "preconstruction conference" at Defendant's City Hall, at which time Plaintiff submitted all three copies of the contract document, executed by Plaintiff to the Defendant's engineer. 14. At the aforesaid "preconstruct ion conference" on June 28, 1993, Plaintiff was advised, for the first time, that there was 3 some additional "contingency" between Defendant and the developer of the Subject Project that had to be worked out before the Subject Project could commence. 15. From June 17, 1993 through August 6, 1993, Plaintiff was ready, willing and able to proceed under the contract for the construction and installation of the Subject Project. 16. By letter dated August 6, 1993, Defendant informed Plaintiff that at its City Council meeting on August 3, 1993, it had taken action to reject all bids for the Subject Project, that Defendant did not deem itself bound to a contract with Plaintiff, and that Defendant anticipated re-bidding the Subject Project. COUNT ONE 17. Restate and reallege paragraphs 1 through and including 16 hereinabove. 18. A contract was created between Plaintiff and Defendant for Plaintiff to construct and install the Subject Project at a price of $199,927.32, based upon Defendant's offer and Plaintiff's acceptance of that offer. 19. Defendant has breached its contract with Plaintiff as aforesaid, and Defendant is obligated to Plaintiff for Plaintiff's damages. 20. Plaintiff estimates its profit from the contract to be approximately $37,000. COUNT TWO 21. Plaintiff restates and real leges paragraphs 1 through and 4 including 20 hereinabove. 22. Plaintiff, acting in reasonable reliance upon Defendant advising Plaintiff that it had been awarded the contract for the Subject Project, changed its position to its detriment by obtaining a performance bond, ordering materials specifically designed for the Subject Project, mobilizing its equipment and work force for the Subject Project, foregoing bidding on other projects that would have conflicted with Plaintiff's performance of the Subject Project, and keeping its equipment and work force in a "limbo" status until August 6, 1993, all to its damages in an amount estimated at approximately $39,000. 23. Defendant is estopped to deny that a contract exists between Plaintiff and Defendant for the Subject Project. 24. Defendant is obligated to Plaintiff for its damages as set forth above, which are estimated to.be approximately $39,000. WHEREFORE, Plaintiff prays for judgment against Defendant, in an amount to be proved at trial in accordance with, and pursuant to, Counts One and Two of its Complaint herein, together with its costs and disbursements. Dated: November 2, 1993. CHAMBERLAIN, NEAT ON & JOHNSON 5 ACKNOWLEDGEMENT The undersigned hereby acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. stat. Sec. 549.21, Subd. 2 to the party against whom the allegations in this pleading ~ Pa' .. Neaton 6 CITY of ANDOVER MEMORANDUM " TO: Mayor & City Council COPIES TO: City Departments FROM: David Almgren DATE: November 3. 1993 REFERENCE: OCTOBER 1993 MONTHLY BUILDING REPORT I hereby submit the following report of the Building Department for the Month of October 1993: BUILDING PERMITS 44 Residential (38 Sewer/6 Septic) 1 Additions 8 Garages 1 Remodeling/Finishing 1 Pole Buildings/Barns 5 Sheds 1 ChimneY/Stove/Fireplace 10 Porches/Decks 2 Repair Fire Damage ~ Other (1 moved house/l grading) 75 APPROXIMATE VALUATION $ 4,649,000.00 5,800.00 73,680.00 11,500.00 4,800.00 11,200.00 1,100.00 36,212.00 52,000.00 65,150.00 $ 4,910,442.00. PERMITS 75 BUILDING PERMITS 1 Ag Building 1 Footing 42 Heating 6 Heating Repair 39 Hook Up (sewer) 44 Plumbing Permits 8 Plumbing Repair 45 Pumping Permits 13 Septic Permits 8 Septic Repair 38 Water Meter Permits 45 Certificates of Occupancy 7 Contractor's License 40 License Verification Fee 16 Health Authority Form 39 Sewer Administration Fee 39 SAC Retainage Fee 4 Reinspection Fee FEES $ COLLECTED 32,834.63 5.00 15.00 1,380.00 150.00 975.00 4,411. 72 149.35 112.50 455.00 280.00 1,900.00 180.00 175.00 200.00 80.00 585.00 292.50 120.00 $44,300.70 . OCTOBER MONTHLY REPORT November 3, 1993 Page Two Total Building Department Income---October 1993 $ Total Building Department Income--YTD 1993 $ Total Valuation--October 1993 $ Total Valuation--YTD 1993 $ Total Number of Houses YTD - 1993 451 Total Number of Houses YTD - 1992 417 DA/jp 44,300.70 435,278.54 4,910,442.00 47,688,690.00 " ,... to C\/ ~ ,... ,... 0 It) ~ I': to - CX! It) If! I': - M ~ a:i .,; ~ 0 C) 0 r' ~ C) 0') to M ll'l 0 ,... 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"-< @J<O 0 0>- rr: W~ 0 0 It)- '" MC\/El ::l - 0 0> c..:t:: 0 '- ell Ul E 0>0- <l: 0, 0 -'OC\/ .c.ca.. 0 0 0 ::l ell C 0 - '- -, - 9" 0 ~...J 9 0 " a:::l 0> e c- Z Oa: ...;. 0>0>", .:t::", Ul 'E _'" .... C"i"-D~ c-= '-- ",::> 0> ~ ::l::l" (,)" 0> ~ ~ 'E tJ_ a:W .D ~ ~ _c.Q 0 000 .Qo 'lii "'r "'r o.,!. <'" ::l 0>" :: , , 0> 0- 0 -0.5 0..> E ~ ~ C\/COmo .... .... 0 mo C;; ~ ~ E 00 C)~ E ::i )-0 C\/ C\/ ..:- -~ ==~ ..:~ C\/ C\/ ll'lo> ::l.... ::l , W Ul -(ij < -0 W z N C\/ .:t::<O """"0 N N '" '" C'i'E ~LL. 1-0 M M cntJ _0 MO >. (ij 0> o '- (ij c:> M >.0> -~ rr: -Z ~ ...;. ...;. -oll'l.c ~~-5 _.c .0 ...;. ~ Ul '0 0(,) '- Ul ='lii Il. 0<( .3ii5..;tiJ .3.3w s:: ~ . a.. M M ...Jw M M < O...J l- . . ,t . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 16, 1993 AGENDA SECTION ADD-ON NO Staff, Committees, Commissions ORIGINATING DEPARTMENT APPROVED Administration FOR AGENDA ITEM f\O. Accept Resignation City Administrator/Engineer Daryl E. SUlande~ ~{~ Acting Administrator d9D Jim has resigned his position as Administrator/Engineer as he is not able to return to work. A copy of his resignation is attached. Also attached is a letter of appreciation to Jim, the original copy of which, will be sent to Jim. MOTION BY: SECOND BY: TO: -... ~ i i /, ---- nECEIVED NOY 15 1993 . . ,- CITY OF-ANDOVER' fi!:J?V4!jt:~~1 -~Wl&ed-t~ ~,.. _ _ _ ___ G&-7L %~ .!!Jr.. "V , I ! ------ ,. i-~~~L~u:d - H___ _u~_~~~~__~-~_-- - . ----------!Hdf~4!~YJe'L- ___n_ ___________________ i I ! ~U ~c<:?cL ALfA:LC.L:\//4:;..~r<- 42L/7'~~~~'- 1 t2:.~ dit; tf'tt3:~~ry ~M~L' Vdj'L- ~?~6L~ ,4~-C...-;'& --2VJc-",v / . ~u~/-t:~d(a~f- Cr'\s; ~ ~ck~. r(]~"''';;'-:E\l':'o- \\,,1 \ "-'j ;...& I ~, .';'" ""'l:;:~:.;:.;::.;.,"'" CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 November 16, 1993 James E. Schrantz 10817 Dahlia Street NW Coon Rapids, MN 55433 Dear Jim: Thank you for your dedicated and enthusiastic service to the City of Andover these past twelve years. Under your guidance the City has grown rapidly into a very desirable community in which to live. The staff you have assembled to deliver the various City services is a credit to your insight and team leadership. We are proud of our staff and grateful to you for their selection and development over the years. You have left your mark on Andover through the many subdivisions and public improvement projects you have coordinated those past twelve years. Your foresight has shaped an orderly and progressive development plan for the City to guide us in the years to follow. Jim, we will truly miss you here at City Hall. We wish you the best for a full recovery. With deepest gratitude, J.E. MCKelvey, Mayor Mike Knight, Councilmember Marge Perry, Councilmember Larry Dalien, Councilmember Don Jacobson, Councilmember CITY OF ANDOVER REQUEST FOR COUNCIL ACTION November 16, 1993 DATE AGENDA SECTION tn Discussion ADD-ON ORIGINATING DEPARTMENT Administration ITEM t\O. APPROVED FOR AGENDA Anoka-Hennepin School District #11 Construction Discussion Daryl E. Sulander ~y ~I#'~// Acting Administrator ~ DISCUSSION Dr. Roger Giroux and Dick Nybeck from Anoka-Hennepin School District #11 will discuss the proposed school construction projects planned for Andover. MOTION BY: SECOND BY: TO: ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: Mayor and city Council COPIES TO: City Clerk FROM: DATE: Andover Review Committee November 16, 1993 REFERENCE: Purchase of Tax Forfeit Properties The Andover Review Committee recommends that the City purchase the following tax forfeit properties: 1. PIN 17 32 24 23 0007 2. PIN 34 32 24 31 0009 3 . PIN 34 32 24 23 0055 The Andover Review Committee does not recommend purchasing the following properties: 1. PIN 11 32 24 44 0005 4. PIN 24 32 24 21 0035 Attached is a map showing the location of the parcels.