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HomeMy WebLinkAboutCC May 7, 1991 ..-"',...->~".".", "/CA." "".,..., ! "\ ,~.1 -~ i i q, .J } , , "-J~ CITY OF ANDOVER REQUEST FOR COUNCIL ACfION May 7, 1991 DATE ITEM NO. Neaegaa~u I..UUl;;\... Amend Compo plan ORLGINA'(ING DEPARTMENT ']) Plannlng _~ David L. Carlberg city planner ~~~FOR BY: AGENDA !:iECTION. NO. D1SCUSS10n Items BY: The following is an update on the major amendment to the Comprehensive plan for sewer expansion requested by Nedegaard Construction to serve a parcel for R-4, single Family Urban development. proposed Sketch plan Nedegaard Construction is proposing to develop the parcel that is known as the Bruce Hay property along with a portion of Rosella Sonsteby's property lying to the south (sketch plan will be presented at meeting). The proposal is for a total of 168 lots meeting R-4 district requirements. Interceptor to Service Request Anoka Northeast Interceptor staff has contacted both the City of Anoka and the Metropolitan Waste Commission to examine the possibilities of servicing the proposed development with this interceptor. This appears to be the best option to service the area. However, the City of Anoka has determined that the capacity of the system would not be able to handle the added demand in addition to their own future expansion. Therefore, the Anoka Northeast Interceptor is not a viable alternative. Coon Rapids Interceptor In discovering that the Anoka Northeast Interceptor is not available the only alternative or option at this time is to serve the proposed development temporarily via the Coon Rapids Interceptor. This temporary connection would be terminated at the time the CAB (Champlin-Anoka-BrOoklyn Park) Interceptor is constructed. staff is hoping to have a draft of the report for Metro Council review and the developer's review in no more than two weeks. COUNCIL ACTION " ",-J MOTION BY TO - SECOND BY .-r". CC 10 I ,- 5/7/7/ '\ o Date: May 6, 1991 ~j( $D To: Jim Schrantz, City Administrator city of Andover Andover Park Board From: A Concerned Resident orz! C .-.:-- pA-e~ J Re: Parks and Recreation/community Education Andover now has a population of over 15,000 residents and will continue to grow in the next few years. I think it is time that a city this size seriously consider having it's own Park and Recreation Department. The timing is now right to take a good look at this opportunity. The current community Ed person is now leaving and that salary could be applied toward the hiring of Andover's own Park and Recreation person. The advantages of your own employee in Park and Recreation would be: 1. Someone to work closely with park development issues. 2. Someone to work closely with the Andover youth athletic associations. 3. Someone to develop Andover'S own recreation programs, where any profits that are generated would be kept in the city coffers to defray department expenses in other areas. 4. Someone to work in the areas of bikeways, walkways, trail development, and environmental areas. 5. Someone with a park and recreation background that is aware of city issues regarding park usage, park planning, recreation programs, athletic associations, and the like. 6. A full time recreation employee to work closely with the park board, maintenance department, area cities, council and residents in the area of parks and recreation. 7. A program that will bring greater identity to Andover. I think, if you did a brief survey, you would find that most cities with a population over 15,000 (outside of District 11) have their own park and recreation department to develop and direct the programs related to park and recreation. I urge you to seriously consider this concept, since the timing is now very appropriate to do so. ,..----- \ -. ./ DATE: 'tV 7, 1991 ~-~ V ITEMS GIVEN TO THE CITY COUNCIL St=~~~ ~~nro'Te~ents pro;ect N0. " 91-5 Sc~eG~:~ of Bills - May 2, 1991 1991 B\dget plannir.g and zoning Minutes - April 23, 1991 Tax Increment Financing Guidelines Lette!" :rom Dale Trippler, MPCA - April 15, 1991 Har~fi~l's Estates project 91-6 Letcer ~rom John Stine, state of Minn - April 17, 1991 Coon Creek Watershed District Minutes - April 22, 1991 Letter from John Davidson, TKDA - April 17, 1991 Letter from Murray Perry, BMS - April 18, 1991 . Lette!" from c.r. Tye, Burlington Northern Railroad - 4/24/91 Letter Erom LMC - April 19, 1991 Road Restriction Notice Regular city council Minutes - April 16, 1991 Park and Recreation Minutes - April 18, 1991 Planning and zoning Minutes April 9, 1991 Lower Rum River Watershed Minutes - April 17, 1991 what's Happening Letter from Robert Barron, Maertens-Brenn 2, 1991 PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. ~ '\ V THANK YOU. CITY OF ANDOVER o TAX INCREMENT FINANCING GUIDELINES STATEMENT OF POLICY SECTION 1. PURPOSE The City of Andover recognizes the need for participation in certain types of development projects. Andover has successfully utilized Tax Increment Financing (TIF) as a tool to assist in the development of economic opportunities. In order to maximize the benefits derived from the TIF funds, the City is establishing a guideline for TIF districts within Andover. It is the purpose of the guidelines to state in general terms the policies of the City regarding TIF assistance for private development. SECTION 2. EVALUATION OF TIF ASSISTANCE REQUEST The City has established a priority list for project types. The City has established four major TIF projects - Commercial, Industrial, Housing and Redevelopment. The overall City participation is based on the project ranking, job creation potential and overall benefit to the community. The location and size of the project will be considered as well. A. priority of projects. The City has established the following priority list for project types in order to rank each type of project. priori ty High Medium Low project Type Redevelopment Commercial/Industrial Housing, Senior/Low-income B. Number of Jobs Created. The Tax Increment Financing Act recognizes the goals of creating and preserving jobs through TIF. It is the policy of the City to favor labor intensive developments. In evaluating a development proposal, the number of full- time or part-time permanent jobs created will be considered when lending TIF assistance. High priority will be given to those businesses who provide jobs to Andover residents. C. Source of Funding. The City recognizes the high cost and greater risk of using general obligation bonds as a source of revenue for TIF assistance. The City prefers to use TIF generated monies. projects that require assistance for which the City must bond will be subject to greater fiscal scrutiny. /~ '-J D. Type of Assistance Provided. The enabling statutes limit the type of public assistance that may be offered to private development. However, with these limitations, the City is still able to provide assistance for such items as land write-down, soiL page Two TIF Policy city of Andover o corrections and construction of public improvements such as streets and utilities. Those permissible expenditures that benefit properties throughout a TIF District, especially a Redevelopment District, will be considered more favorable than those that benefit a private party. E. Maximum TIF Insertion. The amount of TIF insertion will be directly related to the priority of that particular project. F. Terms of TIF District. Terms of district will be as established by state statutes. G. Maximum Captured TIF. Total of outstanding TIF bonds at anyone time shall not exceed 10% of current year's maximum tax capacity. SECTION 3. NO CONTRACTUAL RIGHTS The guidelines contained in Section 2 are intended to be broad statements of the City's policy. They do not create any contractual rights or obligations on the part of the developers or the City. They do not guarantee that the City will support any particular request nor do they limit the City's right to participate in a development which is technically beyond the scope of the guidelines. The guidelines may be modified unilaterally by the City at any time. SECTION 4. PROCESS The following process shall be utilized by the City in processing requests for TIF assistance. ~) A. The perspective developer, after initial discussion with a City Staff, is asked to submit a completed "Application for Tax Increment Financing" form to the Andover City Planner. The form will include information on the location, type and size of project, project cost, number of jobs created, timetable of project, etc. The application will be reviewed by City Staff for accuracy and appropriateness. The applicant, prior to the review by the Economic Development Committee, shall pay an application fee as set by resolution. B. The Andover Economic Development Committee (AEDC) reviews the request with respect to the following issues: - will the request lead to an increase in full-time, p~rmanent employment opportunities in the City? _ will the request allow for the expansion or retention of an existing local business? o Page Three TIF Policy City of Andover _ Will the request lead to the development of certain public improvements which will, in turn, attract additional future private development? _ Will the request encourage/assist future development in the area? Will the request increase the tax base of the City? _ will the project not occur without municipal financial (TIF) assistance? As part of the review process, the Economic Development Commission may request input from other committees, such as the Planning Commission, Road Committee, or other local, regional or state information sources. Upon completion of the project review, the AEDC will make recommendations to the developer as to any needed changes in regard to, but not limited to: _ The location or size of the project - TIF insertion _ Design of project and the effect on future development The request must receive a positive review from the AEDC prior to City Council review of the project. C. The City Council will receive the comments and recommendation from the City staff and Economic Development Committee at a public hearing. The City Council shall examine those issues reviewed by the Economic Development Committee and shall decide if TIF participation is appropriate within 30 days after closing that public hearing. D. If the Council approves a request, all approvals are subject to the execution of a development agreement with the City. The agreement may include, but is not limited to the following: 1. Amount of the City's financial commitment. 2. Specifications of the City's commitment. 3. Terms of the City's participation. 4. Insurance. 5. Financing. 6. Conditions of the developer's participation. 7. Events of defaults. 8. Termination of agreement. / -'. ~ ) .-./ C) ~ CJ?f( f- 0 Minnesota Pollution Control Agency 1/;3/V 520 Lafayette Road, Saint Paul, Minnesota 55155-3898 Telephone (612) 296-6300 April 15, 1991 The Honorable Kenneth Orttel Mayor, City of Andover 1685 Crosstown BoulevaLTl Northwest Andover, ~J.nnesota 55303 Dear t'Jayor Orttel: Enclosed please find a copy of the Minnesota Pollution Control Agency's (MPCA) proposed Waste Disposal Engineering (WDE) Consent Order (CO) with the Response Action Plan (RAP) as Attadrrrent 1. Negut:iations betv..Ben the U.S. Envi1:onmental protection Agency (EPA), the Departrrent of ,Justice and the MPCA broke down over t.he issue of State's ri.ghr.s. We will be meeting 'Nith the SW-28 Group on April 18th to discuss whethr l:Iw-. int.end to ~;ign with EPA or MPCA and to hear their reaction to the proposed CO and RAP. If you have any questions, please contact me at (612) 296-7746. Sincerely, Dale c1. Trippler Project Manager Responsible Pal."ty Unit II Site Response Section Ground Water and Solid Waste Division OJT: kkn Enclosure /" o Regional Offices: Duluth. Brainerd. Detroit Lakes. Marshall, Rochester Equal Opportunity Employer . Printed on Recycled Paper STATE OF MINNESOI'A ~- " J .'-..J MINNESOI'A POILurION CONl'ROL AGENCY In the matter of Waste Disposal Engineering - Andover CONSEm' ORDER proceedings Under the Minnesota Envirornnental Response and Liability Act, Minn. Stat. 55 115B.17 and 115B.18 Based on the information available to the Parties on the effective date this eONSEm' ORDER, and without trial or adjudication of any issues of fact or law, the Settling Parties hereto agree and it is hereby ordered as follows: 1. Jurisdiction 1. This eONSEm' ORDER (Order) is issued pursuant to the authority vested in the Minnesota Pollution Control Agency (MPCA) by the Minnesota Envirornnental Response and Liability Act (MERIA), Minn. Stat. ch. 115B, and by Minn. Stat. chs. 115 and 116. A. On the basis of the results of the testing and analyses described in the Statement of Facts, infra, and MPCA files and records, the MPCA has detennined that (1) the Waste Disposal Engineering Sanitcu:y Landfill (WOE) Site located in Andover Minnesota, (WOE Site) constitutes a Facility within the Jneaning of Minn. Stat. 5 115B.02, sulxi. 5; (2) the wastes and substances found or disposed of at the WOE Site are hazardous substances, pollutants or contaminants within the Jneaning of Minn. Stat. 5 115B.02, subds. 8, 9 and 13; (3) there have been one or more releases and continue to be threatened releases, within the Jneaning of Minn. Stat. 5 115B.02, sulxi. 15, of these hazardous substances, pollutants or contaminants from the WOE Site; (4) with respect to those releases, the Settling Parties (listed in Attachment 1) are responsible persons or potentially - , - \ '0 -2- responsible persons for the releases or threatened releases within the meaning ;'1 '-..J of Minn. Stat. 5 115B.03; (5) the actions to be taken pursuant to this Order are reasonable and necessary to protect the public health and welfare and the environrrent; and (6) the time periods for beginning and completing the actions required by this Order are reasonable. B. In signing this Order, Settling Parties are settling a disputed rratter . bet-ween the MPCA and Settling Parties. Settling Parties do not admit, and retains the right to contest in any proceeding, other than a proceeding to implerrent or enforce this Order, the validity of any of the detenninations rrade herein by the MPCA; however, Settling parties specifically agree to undertake all actions required of it by the terms and conditions of this Order within the time frames specified herein. C. This Order applies to and is binding upon the Settling Parties named in Section II, below, of this Order and their agents, successors and assigns. The undersigned representative of each Settling Party to this Order certifies that he or she is fully authorized by the Settling Party or Settling Parties whan he or she represents to enter into the terms and conditions of the Order and to execute and legally bind that Settling Party to it. Settling Parties shall provide a copy of this Order to the contractor(s) hired to perfODll the Work required by this Order and shall require the contractor ( s) to provide written notice of the Order to any subcontractor retained to perfoDll any part of the Work. D. The purpose of this Order is to provide for implerrentation by Settling Parties of the Remedial Design and Remedial Action for the Facility as set forth in the Record of Decision (ROD), the Response Action Final Design (RAFO) Report and the Remedial Action Plan (RAP) attached hereto, and to provide for payrrent ,\ of certain response costs incurred and to be incurred by the MPCA related to thE 'J Facility. -3- E. The MPCA and Settling parties agree that issuance of this Order is in o the public interest in avoiding protracted litigation be~n the MPCA and Settling Parties and allowing the expeditious cleanup of the WOE Site. II. Settling Parties 2. This Order shall apply to and be binding upon: A. The following Settling Parties: (Attaclment 1); and B. The Minnesota Pollution Control Agency. III. Statement of Facts 3. For purposes of this Order, the following constitutes a sllIlll1illY of the facts upon which this Order is based. A. The WOE Site is located in Sections 27 and 34, Township 32 North, Range 24 West of Anoka County. 'I'he boundaries of the WOE Site are specified in Part IV. 4., below, of this Order. A IlBp of the WOE Site is attached as Exhibit l. B. In response to a release or a substantial threat of release of hazardous substances, pollutants or contaminants at or fran the Facility, the MPCA and U.S. Environmental protection Agency (EPA) entered into an "Administrative Order and Response Order by Consent" (Consent Order) in April, 1984, with Respondents. The Respondents agreed in the Consent Order to accauplish the following tasks: (1) Initiate and canplete a REm8dial Investigation/Feasibility Study (RI/FS) pursuant to 40 C.F.R. 300.68 (1984) for the Facility and prepare a RAFD Report; o (2) Establish a trust fund to pay for the RI/FS work;c ( 3) Establish an additional $1 million trust fund in the event the Respondents did not implement all or a sufficient part of the Ranedial Actions as selected by the MPCA and EPA; and CJ () -4- (4) Enter into good faith negotiations leading to an agreement to implement Remedial Actions and rerroval actions at the Facility. C. The Respondents to the 1984 Consent Order completed a RI Report on December 18, 1986, and completed a FS Report on August 10, 1987. D. EPA under Comprehensive Envirornnental Resource, Conservation and Liability Act (CERCIA) and MPCA under MERlA selected a proposed Remedial Action for the Facility, based on the RIfFS Reports. E. Pursuant to Section 117 of CERCIA, 42 U.S.C. Section 9617, notice of the completion of the RIfFS and the proposed Remedial Action was published in oojor local newspaper of general circulation. The notice announced the opportunity for public carments on the RIfFS and proposed Remedial Action to be sul:mitted in writing to EPA by September 29, 1987, or orally at a public meeting which was held in the city of Andover, Minnesota, on September 14, 1987. EPA has kept a transcript of the public meeting and has oode this transcript available to the public as part of the achninistrative record located at EPA, Region V, 230 South Dearborn Street, Chicago, Illinois and at the MPCA located at 520 Lafayette Road, St. Paul, Minnesota. Certain persons provided carments on the proposed Remedial Action, and to such carments EPA provided a sllIlll'arY of responses, all of which have been included in the administrative record referred to above. F. EPA with the concurrence of MPCA selected a final Remedial Action, which is embodied in a ROD and is incorporated by reference and oode an enforceable part of this Order. G. On June 6, 1988, in accordance with the 1984 Consent Order, the Respondents to said Consent Order sul:mitted a RAFD Report to EPA and MPCA for approval. The RAFD Report is a conceptual design of the Remedial Action embodied in the ROD. The MPCA approved the RAFD Report, with conditions, on December 16, 1988. Final approval of the RAFD Report by the EPA and the MPCA -5- was given on May 22, 1989. The RAFD Report, as rrodified and approved by EPA and '0 the MPCA is incorporated by reference and made an enforceable part of this Order. H. On O:tober 30, 1989, the MPCA issued a Request For Response Action (RFRA) to forty-two Settling Parties detennined by MPCA to be responsible for the releases and threatened release at the WOE Site. The RFRA requested the implementation of RenEClial Design and RenEClial Actions consistent with the ROD and RAFD Report. I. Appendix I, incorporated by reference and made an enforceable part of this Order, is the RAP for implementing the RenEClial Action emJ:xxlied in the ROD and the approved RAFD Report. Based upon current infonnation available to the Parties, the MPCA and the Settling Parties believe that implementation of the RAP will attain a degree of cleanup of hazardous substances, pollutants or contaminants released into the enviromnent and of control of further release which at a minimum assures protection of human health, public health and VoBlfare, and the envirornIl8nt in accordance with Section 121(d) (1) and with MERIA, Minn. Stat. ch. 115B. The Settling parties believe implementation of the RAP will provide a level or standard of control for such hazardous substances, pollutants or contaminants which at least attains legally applicable or relevant and appropriate standards, requirements, criteria, or limitations under Federal enviromnental law or State and local enviromnental or Facility citing law in accordance with Section 121(d) (2) of CERCLA, 42 U.S.C. Section 9621(d) (2), and that the RAP is consistent with Section 121 of CERCLA, 42 U.S.C. Section 9621, and with the National Contingency Plan ("NCP"), 40 CFR Part 300. (J -6- IV. DEFINITIONS o 4. Whenever the follON'ing tenns are used in this Order and the exhibits and appendices attached hereto, the definitions in this Paragraph shall apply. Tenns not defined in this Paragraph shall have the meanings given in Minn. Stat. ~ 1158.02 unless the context clearly requires otherwise. "City" means the city of Andover, a municipal corporation of the state of Minnesota. "Cleanup and Perfonnance Standards" means the requirements respecting the degree of cleanup, and various perfonMl1ce requirelrents, that must be achieved by the Remedial Action and the conp:ments thereof as set forth in or established pursuant to Paragraph 13, belON', of this Order, the ROD, the RAFD Report and the RAP, and the alternative cleanup and perfonMl1ce standards established pursuant to Paragraph 15, belON', of this Order. "Consent Order" or "Order" means this Order and all appendices and exhibits hereto. In the event of conflict be~n this Order and any appendix or exhibit, the Order shall control. "Contractor" means the private entity, canpany or canpanies retained by or on behalf of Settling Parties to undertake and canplete Work required by this Order. Each contractor and subcontractor shall be qualified to do those portions of the Work for which it is retained. Each contractor and subcontractor shall be deemed to be related by contract to each Settling Party within the meaning of 42 U.S.C. Section 9607(b). "County" means the county of Anoka, Minnesota. "Facility" shall mean that property located within the city limits of Andover, Anoka County, Minnesota that was operated as a landfill for municipal, commercial and industrial waste from 1963 through 1983 and known as the former Waste Disposal Engineering, Inc. sanitary landfill, and such adjacent land where o -7- hazardous substances, pollutants or contaminants were deposited, stored, r '\ V disposed, placed or otheI:Wise cane to be located. The Facility is located in Section 27 and 34, Township 32 North, Range 24 West, of Anoka County, and includes the following described property, which is shown on the map attached as Exhibit 1 to this Order: (1) all that part of the South Half of the Southeast Quarter of Section 27, 'I'a.mShip 32 North, Range 24 West lying southerly of the center line of Coon Creek; (2) all that part of the Northwest Quarter of the Southeast Quarter of Section 27, Township 32 North, Range 24 West lying Southerly of the center line of Coon Creek; ( 3) all that part of the Northeast Quarter of the Southwest Quarter of Section 27, Township 32 North, Range 24 West, that is described as following: Coomencing at the Northeast corner of said Northeast Quarter of the Southwest Quarter; thence West along the North line thereof for 58.6 feet and to the center line of County State Aid Highway No. 18; thence South 32 degrees, 55 minutes West for 550.17 feet along said center line; thence South 44 degrees, 11 minutes West for 342.85 feet along said center line; thence South 45 degrees, 26 minutes East for 872 feet and to the Southeast corner of said Northeast Quarter of Southwest Quarter; thence North along the East line of said Northeast Quarter of the Southwest Quarter and to the point of comnencement; (4) the north 200 feet of the Northeast Quarter of the Northeast Quarter of Section 34, Township 32 North, Range 24 West; (5) the north 200 feet of the Northwest Quarter of the Northeast Quarter of Section 34, Township 32 North, Range 24 West and all that part of the Northwest Quarter of the Northeast Quarter of Section 34, Township 32 CJ -8- North, Range 24 West lying within 200 feet of the toe of the existing r " '--./ landfill; (6) all that part of the Southeast Quarter of the Sou~st Quarter of Section 27, Township 32 North, Range 24 West lying within 200 feet of the toe of the existing landfill; ( 7) all that part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 32 North, Range 24 West lying within 200 feet of the toe of the existing landfill; and ( 8) all that part of the Northeast Quarter of the Southeast Quarter of Section 27, Township 32 North, Range 24 West lying Southerly of the center line of Coon Creek. "Hazardous Substance" shall have the meaning provided in Section 101(14) of CERCLA, 42 U.S.C. Section 9601(14) and Minn. Stat. ~ 1158.02, sulxi. 8. "Human health" means "human health" or that tenn as used in CERCLA and "public health" or that tenn as used in MERIA. "MPCA" means the Minnesota Pollution Control Agency. With respect to any action or decision by the MPCA under this Order, MPCA means the Cornnissioner of the MPCA except where this Order specifically provides otherwise or where an action or decision requires the exercise of authority by the MPCA Board under applicable law. "National Contingency Plan" or "NCP" means the regulations referred to in Section 105 of CERCLA, 42 U.S.C. Section 9605 and promulgated at 40 CFR Part 300. "(),.mer Settling Parties" refers to the following Settling parties: Ronald Roth, Roth Entities, Inc., Waste Disposal Engineering, Inc., and Waste Control, Inc. o -9- "Oversight Costs" means any Response Costs incurred by the MPCA in o overseeing and rronitoring the canpliance of the Settling Parties with this Order, including but not limited to payroll and other direct costs, indirect and overhead costs, sampling and laboratory costs, travel costs, contractor costs, administrative costs, legal costs, and costs of reviEllrl of the Work perfo!llled pursuant to this Order. "Settling Parties" means the MPCA, the Settling Parties, the City, the County, and Gerald and Carol A. Windschitl. "Past Costs" means any Response Costs regarding the Facility incurred by the State prior to issuance of this Order which have not been paid to the MPCA. "Project Coordinator" or "PC" means the person designated by the Settling parties to coordinate, rronitor and direct the implarentation of the remedial activities at the Facility. "Project Manager" or "PM" means the person designated by the MPCA to coordinate, rronitor and oversee remedial activities at the Facility, pursuant to Minn. Stat. ch. 1158. "Pit" or "WDE Pit" refers to a specific area of the Facility that was used as a hazardous substances disposal pit, as rrore particularly described in the ROD. ~) "Rerredial Action" means those activities required to be implarented under this Order, the ROD, the RAFD Report, and the RAP, and any subsequent amendments thereto. "Rerredial Design" means those activities required to be implarented under the RAP and any subsequent amendments hereto. "Rerredial Action Plan" or "RAP" refers to the plan set forth as Appendix I to this Order, and any subsequent amendments thereto, for implementation of the Rerredial Design and Remedial Action at the Facility pursuant to the ROD. In the event of a conflict between the RAP and the RAFD Report, the RAP shall control. -10- "RD/RA Work Plan" means the plan required by the RAP for implementation of ::) the Remedial Design, Remedial Action, and operation and maintenance of the REmedial Action for the Facility. "Record of Decision" or "ROD" means the administrative Record of Decision issued by U. S. EPA with MPCA concurrence setting forth RenEClial Action requirements for the Facility, dated Decerneer 31, 1987. "Resp:mse Action Final Design Report" or "RAFD Report" refers to the report dated June 6, 1988, prepared by the Respondents to the 1984 Consent Order, as m:xlified and approved by U.S. EPA and MPCA, including the January 1990 Supplement to the RAFD Report. "Response Costs" means any costs incurred by the MPCA pursuant to Minn. Stat. 5 115B.17 (1990). "Settling Parties" means all Settling Parties to this Order except the following: MPCA; the City; the County; and Gerald and Can>l A. Windschitl. "State" means the state of Minnesota. "United States" means the United States of America. "U.S. EPA" means the United States Environmental protection Agency. "Work" means the design, construction and implementation, in accordance with this Order, of the tasks described in the ROD, this Order, the RAFD Report, the RAP, the RD/RA Work Plan and any other plans and schedules suhnitted and approved pursuant to this Order. V. SCOPE OF ORDER 5. The Settling Parties agree the following actions shall be perfonned pursuant to this Order: :~J A. Settling Parties agree jointly and severally to finance and perform the Work as defined in Paragraph 4, above. The Work shall be completed in accordance with all requirements of this Order, the ROD, the RAFD Report, the CJ ~) -11- RAP, the RD/RA Work Plan and all other plans or schedules sul:mitted to and approved by the MPCA under this Order. The procedures for sul:mission and approval of plans and other docurrents are set forth in Section IV, below. B. Settling Parties, Gerald and Carol A. Windschitl ("Windschitls"), the City and the County agree to restrict use of, and to grant authorized representatives of the MPCA and the Settling Parties access to the Facility property and the property adjoining the Facility, in accordance with the provisions of this Order, in order to facilitate implementation of the Remedial Design and Remedial Actions required to be perfonned pursuant to this Order. C. The City, the County and the Settling parties shall rerrove all waste from the right-of-way of Hanson Boulevard on the eastern side of the Facility south of Coon Creek (the "Hanson Boulevard right-of-way") and consolidate said waste with other wastes on the Facility that will be capped in accordance with the Remedial Design approved pursuant to this Order. D. Within ninety (90) days of issuance of this Order, the City shall enact ordinances, and thereafter maintain and enforce such ordinances, to provide the following: (1) A prohibition on the extraction of ground water for any purpose, other than for the purpose of implementing, m:mitoring and maintaining the Remedial Action required by this Order, from the Upper Sand Aquifer within the boundary of the Facility, except that the prohibition shall extend 125 feet from the east boundary of the Facility as shown on Exhibit 1. This prohibition shall not apply to the repair or replacement of existing wells provided that there is no material increase in the quantity of ground water extracted fom the repaired or replaced well as compared to the existing well, and that the water used for drinking water purposes from the repaired/replaced well complies with all drinking water standards. Any dewatering required for the installation of a -12- public utility by the City or for the repair, reconstruction, or expansion of ,~ public roads or highways located within the area covered by the prohibition shall be subject to advance written approval by the MPCA and, if approved, shall be excluded from this prohibition. (2) A prohibition on the extraction of ground water for any pw:pose, other than for the pw:pose of implementing, m:mitoring and maintaining the Remedial Action required by this Order, from the Lower Sand Aquifer, within the follONing area illustrated in Exhibit 2: the Southwest and Southeast Quarters and the South one-half of the Northwest and Northeast Quarters of Section 27, Township 32 North, Range 24 West; the Southwest Quarter of the Northwest Quarter and the West half of the SouthM:!st Quarter of Section 26, Township 32 North, Range 24 West; the Northwest and Northeast Quarters of Section 34, Township 32 North, Range 24 West; and the West half of the Northwest Quarter of Section 35, Township 32 North, Range 24 West, all in Anoka County. This prohibition shall not apply to the repair or replacement of existing wlls provided that there is no material increase in the quantity of ground water extracted from the repaired or replaced wlls as compared to the existing M:!ll, and that the water used for drinking water purposes from the repaired/replaced wll complies with all drinking water standards. ( 3) a requirement that any building constructed after issuance of this Order within 300 feet of the boundary of the Facility be constructed so as to protect occupants from infiltration of landfill gas, except that this requirement shall extend to land within 425 feet of the east boundary of the Facility and shall exclude; any land lying northM:!st of the right of way of Crosstown Boulevard, any land lying M:!st of the FacilitYr boundary rrore than 500 feet from the toe of the landfill, and any land lying north of Coon Creek, as /~ shown on Exhibit 1; and . ) ~ -13- (4) a restriction to non-residential use of those portions of the /'-, U Northeast and Northwest Quarters of the Northeast Quarter of Section 34, Township 32 North, Range 24 West, Anoka County, which are not within the Facility. E. Within thirty (30) days after enacting the ordinances pursuant to Paragraph 5.0., above, the City shall sul::mit certified copies of said ordinances to the MPCA. 6. Compliance with Applicable Laws; pennits and Approvals. A. All activities undertaken by the Settling parties pursuant to this Order shall be undertaken in accordance with the requirements of all applicable state and federal laws, rules, regulations and ~nnits, consistent with Section 121 (e) of CERCLA. B. Pursuant to Section 121 (e) (1) of CERCLA, no federal, state, or local ~nnits are required for Work conducted entirely on the Facility. Settling Parties shall obtain all ~nnits or approvals necessary for Work conducted off the Facility under applicable federal, state or local laws and shall sul::mit timely applications and requests for any such ~nnits and approvals. C. The standards and provisions of Section XIII hereof describing Force Majeure shall govern delays in obtaining ~nnits and approvals required for the Work and also the denial of any such pennits or approvals, provided that Settling Parties have made timely and complete application for any such pennits or approvals. D. Settling Parties shall include all contracts or subcontractors entered into for Work required under this Order, provisions stating that such contractors or subcontractors, including their agents and employees, shall perfoDTI all activities required by such contracts or subcontracts in compliance .~ with all applicable laws, rules, and regulations. This Order is not a pennit issued pursuant to any federal-or state statute, rule or regulation. -14- E. For:rral Approval Required. No infor:rral advice, guidance, suggestions or /- " o corrments by representatives of the MPCA on plans, reports, or other dOCUIlEnts sutrnitted by the Settling parties, the City, the County or the Windschitls shall be construed as relieving them from obtaining any for:rral approvals, pennits or other authorizations required by law or by this Order. F. Canputation of Tine. Unless otheIWise provided, dates and tine periodS specified in or under this Order are in calendar days. If the date for sutrnission of any item or notification required by this Order falls upon a \>Bekend or state holiday, the tine period for sutrnission of that item or notification is extended to the next working day following the \>Bekend or holiday. Sutrnission shall be accomplished when the item is delivered or mailed to the required Settling Party or Settling Parties. 7. Conveyance of the Facility A. In the event that the Facility or any portion thereof or interest therein is alienated by any Settling Parties, the County, the City, or the Windschitls, such grantor shall, prior to such alienation, provide the grantee(s) a copy of this Order and notify the grantee of the grantor's obligation, if any, to be perfmmed by such grantee conceming the Facility. In addition, such grantor shall notify the Settling parties, by registered mail, of such proposed alienation at least sixty (60) days prior to the date .of such alienation, the narre of the grantee, and a description of the grantor's obligations, if any, to be perfonned by such grantee. The notice required by this paragraph shall contain a detailed description of the legal interest and property intended to be conveyed, and identification of and current mailing address for the person(s) to whom such legal interest will be conveyed. In the event of such alienation, all of Settling parties' obligations pursuant to this .~ Order shall continue to be net by all Settling Parties. -15- B. Any deed, title or other instD.rrnent of conveyance regarding the Facility C) shall contain a notice that the Facility is the subject of this Order, setting forth the title and date of the Order. 8. Land Use Restrictions and Conditions. Upon the issuance of this Order, the Settling Parties, the County, the City, and the Windschitls shall restrict use and access to Facility property that they awn or control in such a manner to ensure that: A. There shall be no interference by any person with construction, operation, maintenance and rronitoring of the canponents of and structures and improvenEnts resulting from or related to the Rerredial Action implemented pursuant to this Order; B. There shall be no extraction of the ground water underlying the Facility for any purpose, other than for the purpose of implEmenting, rroni toring and maintaining the Remedial Action required by tllis Order, unless prior written approval from the MPCA is obtained; C. There shall be no residential, conmercial or industrial use of the Facility including but not limited to, construction of any residences, buildings or structures other than for the purpose of implEmenting, rronitoring and maintaining the Remedial Action required by this Order; D. There shall be no construction, installation or use of any buildings, ~lls, pipes, roads, ditches or any other structures on the Facility that may affect the physical integrity or operation and maintenance of the landfill cap; ground water, non-aqueous phase liquid (NAPL) and landfill gas rronitoring systems; extraction and treatment systems for ground water, NAPL, and WOE Pit; and slurry wall, unless such construction, installation or use is approved in advance, in writing, by the MPCA; and o -16- E. The restrictions imposed by Subparagraph 8.C., above, shall not apply 8 , to, and no advance approval under Subparagraph 8.0., alxJVe, shall be required for, use, maintenance, repair, reconstIUction, or expansion of Hanson Boulevard and Crosstown Boulevard except that: 1) there shall be no dewatering, installation of underground utilities or other action in such rights-of-way that requires subsurface excavation or extraction of ground water without prior written approval fran the MPCA; and 2) the design for any reconstIUction or expansion of that portion of Hanson Boulevard where waste has been or will be rerroved fran the right-of-way pursuant to paragraph S.C., alxJVe, of this Order shall be subject to advance review and approval in writing fran the MPCA. 9. Deed Restrictions. A. Within thirty (30) days of the issuance of this Order, ONner Settling Parties, the City and the Windschitls shall execute and record the deed restrictions attached as Exhibit 3 hereto, consisting of the land use restrictions and conditions set f01:th in Subparagraph (A) through (E) of Paragraph 8, above, with the Anoka County Recorder of Deeds, against the deeds to property within the Facility owned by them or in which they have a legal interest, as specifically described therein. These deed restrictions shall nm with the land and shall be binding upon any and all persons who acquire title or any legal interest in property within the Facility shown in Exhibit 1. No rights in any tax-forfeited property within the Facility shall be transferred unless the deed restrictions described herein have been executed by the Minnesota Conrnissioner of Revenue with respect to the property to be transferred; the County shall record the executed deed restrictions at the time that any interest in the property is transferred. () . -17- B. Duration of Deed Restrictions. The deed restriction p=hibi ting '\ 'J extraction of the gIOund water underlying the Facility for any purpose shall continue in perpetuity; the other deed restrictions shall rerrain in full force and effect until the MPCA detennines (i) that the restrictions are no longer required to prevent interference with operation, naintenance and rronitoring of the Remedial Action, and (ii) that the restrictions are no longer necessary to. p=tect htnnan health and the environment. Any person who owns or controls p=perty subject to such deed restrictions nay request the MPCA to make a detennination that such restrictions are no longer required to prevent interference with operation, maintenance and rronitoring of the Remedial Action pursuant to this Order, or to p=tect htnnan health and the environment. VI. PERFORMANCE OF THE WORK BY SETI'LING PARTIES 10. Selection of Architect/Enqineer and Contractor(s). A. Remedial Desiqn Work. All Remedial Design WJrk to be perfonued by Settling parties pursuant to this Order shall be under the clirec:tion and supervision of a qualified p=fessional architect or engineer registered in the state of Minnesota. Within ten (10) days of issuance of this Order, the Settling Parties shall notify the MPCA, in writing, of the name, title and qualifications of the p=posed architect/engineer, and the names of principal contractors and subcontractors p=posed to be used in carrying our the Remedial Design work for the g=und water extraction well system. Within ten (10) days of issuance of this Order, the Settling Parties shall notify the MPCA, in writing, of the name, title and qualifications of the p=posecl architect/ engineer, and the names of principal contractors and subcontractors p=posed to be used in carrying out all rerraining Remedial Design WJrk to be perfonued ~~ pursuant to this Order. o o -18- B. Rerreclial Action Work. All Remedial Action 'MJrk to be perfonned by the Settling parties pursuant to this Order shall be under the direction and supervision of a qualified professional architect/engineer registered in the state of Minnesota. As soon as possible after issuance of the Order, and at least thirty (30) days prior to the date upon which initiation of each phase of Remedial Action 'MJrk is required under this Order, the Settling Parties shall notify the MPCA, in writing, of the nanE, title and qualifications of the proposed architect/engineer, and the names of principal contractors and subcontractors proposed to be used in canying out the WOrk to be perfonned pursuant to this Order. C. Replacement of Architect/Enqineer or Contractor. If at any time Settling Parties propose to change an architect, engineer or contractor, they shall give written notice to MPCA of the nanE, title and qualifications of the proposed new architect, engineer or contractor. 11. RD/RA Work Plans. A. The Settling Parties shall sutmit 'MJrk plans to the MPCA for the Rerreclial Design and the Remedial Action at the Facility (the "Remedial Design/ Reroodial Action Work Plan" or "RD/RA Work Plan") in accordance with the following schedules: (1) Settling Parties shall sutmit within thirty (30) days after issuance of this Order, and RD/RA work Plan for the ground water extraction well system; and (2) Settling Parties shall sutmit within forty-five (45) days of issuance of this Order, RD/RA WOrk Plans for the ground water treatment system and all remaining components of the Rerreclial Action including the landfill cap, slurry wall system, wetland replacement and NAPL control system. The RD/RA Work Plans shall be developed in conformance with the ROD, the RAP, EPA Superfund Rerreclial Design and Rerreclial Action Guidance and any additional guidance docUl1Ents provided by the MPCA prior to the issuance of this Order. :J () -19- B. Each miRA Work Plan sutmittal required pursuant to Subparagraph A, above, shall include, but not be limited to, the following project plans: (1) a Sampling and Analysis Plan which includes quality assurance project plan(s) and field sampling plan(s); (2) a Site Safety and Security Plan; (3) a plan for satisfaction of pennitting requirements; and (4) an Operation and Maintenance plan (O&M Plan) . Each miRA Work Plan sutmittal shall also include a schedule. for implementation of the miRA tasks and sutmittal of miRA reports. C. Settling parties shall sutmit the pre-final and final design plans and specifications in accordance with each approved miRA WOrk Plan and the schedule set forth in the RAP. D. Each miRA work Plan sutmittal and all design plans and other required docurrents and reports (hereinafter referred to as "doctnrents") shall be subject to review, rrodification and approval by the MPCA in accordance with the procedures set forth in Paragraph 12, below. E. All approved doctnrents shall be deerred incorporated into and made an enforceable Settling Party of this Order. F. Settling parties shall proceed to implement the WOrk included in a RD/RA Work Plan upon approval of the WOrk Plan by the MPCA. All WOrk shall be conducted in accordance with the NCP, EPA Superfund Remedial Design and Remedial Action Guidance, and the requirements of this Order, including the standards, specifications and schedules contained in the miRA Work Plan. 12. Approval Procedures for WOrk Plan and Other Doctnrents. A. The MPCA PM shall review any WJrk plan or other doctnrent that is subject to its approval, rrodification or disapproval under this Order. Upon review of each WJrk plan or other docurrent required to be sutmi tted and approved by the MPCA pursuant to this Order, the MPCA shall prepare a single written doctnrent notifying Settling Parties of the MPCA's action or decision on the sutmittal. ~ o -20- with respect to suhnittals, said notification shall state that a document is (1) approved, (2) disapproved, or (3) approved with conditions or prop::lsed m:xlifications. In the event of any disapproval or approval with conditions or prop::lsed m:xlifications, the notification shall provide an explanation for the disapproval, conditions or prop::lsed m:xlifications to the document. B. In the event of approval with conditions or prop::lsed mxlifications, the Settling Parties shall proceed to implEment the Work in any approved p::lrtions of the suhnission up::ln request by the MPCA and shall suhnit a revised document to the MPCA curing the deficiencies and incorporating conditions or prop::lsed m:xlifications within thirty (30) calendar days of receipt of such approval with conditions or prop::lsed mxlifications, or such other time as J1\3.y be agreed to by the MPCA and the Settling Parties. C. Settling Parties J1\3.y suhnit any disapproval, conditions of approval or prop::lsed m:xlifications to which they object, for dispute resolution pursuant to Section XIV, below. The provisions of Section XIV and Section XVII (Stipulated Penalties) shall govern the implEmentation of Work and accrual and payment of any stipulated penalties during dispute resolution. ImplEmentation of non-cleficient p::lrtions of the suhnission shall not relieve Settling Parties of any liability for stipulated penalties under Section XVII, below. D. Up:m MPCA approval of an original or revised suhnittal of a document, it shall be deemed incorporated into and J1\3.de an enforceable part of tIllS Order, and Settling Parties shall proceed to implEment the WOrk required thereunder. 13 . Cleanup and Perfonnance Standards for Remedial Action. The Settling Parties shall assure that the Remedial Action achieves all Cleanup and Perfonnance Standards in accordance with this Order and the documents approved by the MPCA pursuant to this Order. Upon a detennination by the MPCA that Additional Work is necessary to meet such Cleanup and Perfonnance Standards, ~ CJ -21- Settling Parties shall perfonn such Additional Work as provided in Paragraph 20, below. A. Ground Water Extraction Well System. The ground water extraction \'.Bll system required pursuant to this Order and the RAP shall be designed, constructed, operated and maintained so as to prevent or minimize migration of contaminated ground water in the Upper Sand Aquifer beyond the northern Facility boundary into or beyond Coon Creek. Settling Parties shall initiate pumping of all \'.Blls in the ground water extraction \'.Bll system in accordance with the schedule in the RAP. Within one hundred t\'.Bnty (120) days of initiation of pumping in all \'.Blls, Settling Parties shall achieve full operation of the ground water extraction \'.Bll system, including thirty (30) consecutive days of continuous pumping, and shall meet the following Cleanup and Perfonrance Standards: 1) Hydraulic Drawdown in Upper Sand Aquifer. Upon full operation of the ground water extraction \'.Bll system, the Settling Parties shall derronstrate that the system has achieved and is maintaining a hydraulic drawdown of 0.2 feet or nDre at all points along the line of extraction 'M8lls. Settling Parties shall derronstrate the extent of hydraulic drawdown achieved by the ground water extraction 'M8ll system in accordance with requi.relrents specified in the RAP, and Settling parties shall take water level llEasurE!llEnts at locations and frequencies detennined as provided in Section III of the RAP. 2) Water Quality in Coon Creek. Within seven (7) years after the ground water extraction 'M8ll system has achieved full operation, Settling Parties shall derronstrate that, for each substance listed in Table 1 of the RAP, there has been a statistically significant decrease of the annual average mass flux in Coon Creek below the highest annual average mass flux recorded for that substance within the first five (5) years after achieving full operation. After -22- the deroonstration referred to above in this Subparagraph 2), Settling parties ~ shall document all further decreases in the annual average mass flux of Table 1 substances in Coon Creek, and there shall be no statistically significant increase in the annual average mass flux of any Table 1 substance in Coon Creek above the lowest annual average mass flux of such substance doctnnented pursuant to this Subparagraph. For purposes of this Subparagraph 2), detenninations of. the annual average mass flux of Table 1 substances in Coon Creek shall be made annually based upon the average of the four previous quarterly samples at specified sampling points in Coon Creek. The mnnber and location of sampling points, the nethodology for calculating annual average mass flux, and the statistical nethod of detennining whether a statistically significant increase or decrease has occurred shall be detennined as set forth in Section III of the RAP. 3) Gro1llld water Quality in Upper Sand Aquifer. Except as provided in Paragraph 15, below, the Settling Parties shall operate the gro1llld water extraction ~ll system for the period required 1lllder Paragraph 14, below, such that the concentration of each hazardous substance, pollutant or contaminant detected in gro1llld water in the Upper Sand Aquifer neasured in accordance with Part III.C.3. of the RAP shall attain and thereafter shall not exceed (a) a cumulative excess lifetime cancer risk of lxlO-5 and a total cumulative hazard index not to exceed the value of one (1), and, (b) the lowest of (i) any Maximum Contaminant level ("M:I.,") established 1lllder the Safe Drinking Water Act ("SDWA"), 42 U.S.C. Section 300f et ~., for such substance, (ii) any Maximum Contaminant Level Goal ("M:L<:;") established 1lllder the smA for such substance, where the M:L<:; concentration value is greater than zero, and (iii) any Reconmended Allowable Limit ("RAL") established for such substance 1lllder CJ Minnesota Health Department Release No. 3 (JAN. 1991). :J ;J -23- B. Treatment of Extracted Ground Water. Settling parties shall design, construct, operate and maintain a treatment plant for treatment of all extracted ground water, to comply with the discharge limitations in this Subparagraph B., prior to discharge of such extracted ground water to Coon Creek or to a Publicly CMned Treatment Works (POIW) such as the Metropolitan Waste Control Ccmnission, Metropolitan Wastewater Treatment Facility. The treatment plant required pursuant to this Paragraph shall also be designed and used for treatment of any liquids raroved from the WOE Pit pursuant to Subparagraph E, below, prior to discharge to Coon Creek or the POIW, unless the MPCA approves an alternate method or location for disposal of such materials. 1) Discharges to Coon Creek. Any discharges fran the treatment plant to Coon Creek shall comply with effluent limitations and other requirements established by the MPCA. Such effluent limitations shall be consistent with all substantive requirerrents of the Clean Water Act, 33 U.S.C. Section 1251 et ~., including application of best available technology econanically achievable, within the meaning of Section 30l(b) (2) (A) of the Clean Water Act, 33 U.S.C. Section 1311(b) (2) (A), as well as any Il'Ore stringent effluent limitations necessary to meet water quality standards established pursuant to Minn. Stat. chs. 115 and 116, or the Clean Water Act, 33 U.S.C. Section 1251 et~. Prior to any discharges to Coon Creek, Settling Parties shall obtain an "authorization to discharge" from the MPCA. Settling Parties shall comply with all tenus and conditions that MJuld be required in such "authorization to discharge," including effluent limits confonning to criteria set forth within this Subparagraph 1; discharge Il'Onitoring and reporting requirements; and all other substantive tenus and conditions of a National Pollutant Discharge Elimination System (NPDES) pennit. All disputes relating to the "authorization to discharge" shall be governed by the dispute resolution provisions of paragraphs 41 through 46, below. -24- 2 ) Discharqe to a POIW. My discharges of extracted ground water to a ~J ' POIW shall comply with the pretreatment standards established by the POIW pursuant to the Clean Water Act, 33 U.S.C. Section 1251 et~. Compliance with any pretreatment standards established pursuant to this subparagraph shall be detennined by sampling and analysis of treated ground water at the point such ground water is introduced into the sanitary sewar. Settling Parties shall collect, analyze and report the results of all such samples in accordance with requirements set forth in any pennit issued by the POIW. C. Multi-Layer Cap. The Settling parties shall design, construct and maintain a multi-layer cap over the landfill on the Facility. After completion of constnIction of the multi-layer cap, Settling Parties shall assure that the vegetative cover remains intact and in gcx:xi condition, and that the cap integrity and design slopes are maintained. D. Landfill Gas Ventinq and Emission Control. Settling Parties shall design, construct, operate and maintain a landfill gas venting and treatment system to minimize the uncontrolled release or migration of gases frc:m the landfill, to prevent migration of gases beyond the Facility boundary, and to assure that gas released to the air is below levels that present a danger to hurran health. In accordance with requiranents of the approved O&M Plan, Settling Parties shall conduct tests to measure release of landfill gases. Settling Parties shall constnIct, operate and maintain the landfills gas venting and treatment system so that no such measurement shall contain rrore than one and one-quarter percent (1.25%) by volt.m\8 of methane at the Facility boundary. E. Slurry Wall and Extraction Well System. Settling parties shall design, constnIct, operate and maintain a slun:y wall and extraction well system to minimize or prevent any migration of contamination fran the WOE Pit. This .."" slun:y wall and extraction well system shall be designed, constnIcted, operated \.~ -25- and maintained to assure a continuous inward hydraulic gradient across the :J slurry wall, without exceeding the pumping rate specified for the extraction ~ll in the approved O&M Plan, or anEndment thereto. Compliance 'with this performance standard shall be dem:mstrated by quarterly water level measurements inside and outside the slurry wall and by measurement of the rate of pumping of the ~ll located inside the slurry wall, as set forth in the approved O&M Plan. In addition to quarterly measurements in accordance with the approved O&M Plan, if any NAPL is detected outside the slurry wall at any time, Settling Parties shall, no later than fifteen (15) days after detection of such NAPL, conduct measurernents of water levels inside and outside the slurry wall and of the pumping rate of the ~ll inside the slurry wall, to detennine whether the integrity of the slurry wall is being maintained and whether there is continued compliance with the performance standard established under this Subparagraph E. F. NAPL Detection and Rerroval System. Settling Parties shall design, construct, operate and maintain a NAPL detection and removal system which pranptly detects and removes NAPL that acctmlUlates in any NAPL rronitoring and extraction M:!ll, in accordance with the approved O&M Plan provisions. Any NAPL shall be collected and properly disposed of at a Resourse Conservation Recovery Act (RCRA) authorized Facility. G. Lower Sand Aquifer AssesSJrent Criteria. The level or concentration of any paranEter listed in Table 2 measured in the Lower Sand Aquifer as provided in the RAP, shall not exceed the following criteria: 1) Quantification level or background as specified in Table 2, Collll11I1 1 of the RAP in any three consecutive quarterly samples; 2) Any concentration limit specified in Table 2, Collll11I1 2 of the RAP in any single sampling event. .,- ') \--/ -26- 14. Duration and Operation of Ground Water Extraction Well System and /, o M:Jnitorinq. A. The Upper Sand Aquifer ground water extraction \'oBll and treatment system shall be operated continuously in accordance with this Order until at least ten (10) years after MPCA's appmval of the certification of canpletion of the raredial construction pursuant to paragraph 93, belOW', and all of the follOW'ing have been achieved and continuously rraintained for at least the three (3) consecutive years imrediately prior to discontinuing operation of the ground water extraction \'oBll system: 1) The requirements set forth in Paragraph 13 .A. 2), above; 2) No exceedance of a surface water quality standard in Coon Creek unless Settling Parties derronstrate that the exceedance is caused solely by sources other than the Facility; 3) Except as pmvided in Paragraph 15, belOW', the requirements set forth in Paragraph 13.A.3), above; and 4) No exceedance of the criteria set forth in paragraph B.G, above, unless the MPCA has detennined that continued operation of the Upper Sand Aquifer ground water extraction \'oBll system will not contribute to meeting such criteria. . B. If Settling Parties discontinue operation of the Upper Sand Aquifer ground water extraction \'oBll and treatment system pursuant to any pmvision of this Order, they shall thereafter perfonn quarterly IrOnitoring of ground water in roth the Upper and Lower Sand Aquifers and of surface water in Coon Creek, in accordance with pmvisions of the appmved Sampling and Analysis Plan, in order to document the concentrations of hazardous substances, pollutants or contaminants in such media follOW'ing shutdown of the Upper Sand Aquifer ground o water extraction \'oBll and treatment system. After at least three (3) -27- consecutive years of such quarterly nonitoring, the MPCA may, at its discretion, pennit a ground water nonitoring frequency of not less than once every six (6) nonths. Such nonitoring shall continue until Settling Parties denonstrate that the provisions of Subparagraphs A.l) -A.4), above, have been continuously satisfied for thirty (30) years following final shutdown of the Upper Sand Aquifer ground water extraction well and treatment system, provided that Settling parties shall not be required to denonstrate continuing compliance with any requirement for which a waiver has been granted pursuant to Paragraph 15, below. C. If any provision of Subparagraph A.l) - A.4), above, is not continuously satisfied for thirty (30) years after shutdown of the Upper Sand Aquifer ground water extraction well and treatment system, Settling Parties shall recorrrrence operation of such ground water extraction well and treatment system as expeditiously as practicable, provided, h~r, that Settling parties shall not be required to recorrrrence operation of the Upper Sand Aquifer ground water extraction well and treatment system solely because of an exceedance of any M:L, MCLG or RAL for which a waiver has been granted pursuant to paragraph 15, below. 15. Technical Impracticability Waiver. A. Petition. If the Upper Sand Aquifer ground water extraction well and treatment system fails. to achieve any requirement identified in Paragraph l3.A.3), above, notwithstanding full operation of the measures required by this Order for a period of at least thirty (30) years, Settling parties may petition the MPCA to waive such requirement based on a denonstration, in accordance with the provisions of Section 121(d) (4) (C) of CERCIA, 42 U.S.C. Section 9621(d)( 4) (C), that the requirement is "technically impracticable from an engineering perspective." Settling parties' petition shall include: (i) a C) detailed justification setting forth the technical basis for their claim that it o -28- is technically impracticable from an engineering perspective to achieve the o Cleanup and Perfonnance Stanclard(s) applicable to any hazardous substance, pollutant or contaminant; ( H) for each hazardous substance, pollutant or contaminant for which a waiver is sought, a proposed Alternative Cleanup and Perfonnance Standard which shall incorporate the lowest concentration of such substance that is technically practicable to attain from an engineering perspective; (Hi) a description of any Additional Response Actions taken or to be taken by Settling Parties to assure that the Remedial Action is using best available technology to reduce contaminants in the Upper Sand Aquifer to the lowest concentrations that are technically practicable from an engineering perspective; and (iv) a derronstration that Remedial Action Work at the Facility, together with any Additional Response Actions proposed by Settling Parties in their petition, will meet the Alternative Cleanup and Perfonnance Standard(s) proposed pursuant to this Subparagraph A and will attain a degree of cleanup of any hazardous substances, pollutants or contaminants, and of control of further releases, which will assure protection of hUIl'aI1 health and the enviroIllTEnt. B. Based on a review of the petition and any supporting information suhnitted by Settling Parties, the MPCA shall detennine whether to waive canpliance with any requirement identified in Paragraph B.A.3), above. If the MPCA grants the petition, the MPCA shall wake findings establishing the Al ternati ve Cleanup and Perfonnance Standards that Settling Parties shall be required to meet, and identifying any Additional Response Actions that Settling Parties ITnlst implerrent to attain a degree of cleanup of hazardous substances, pollutants or contaminants, and of control of further releases that at a minimum assures protection of human health and the enviroIllTEnt and achieves the Alternative Cleanup and Perfonnance Standards. ') ~ -29- C. In any dispute resolution proceeding concerning any MPCA decision or o findings pursuant to Subparagraph B, above, including the establishment of Alternative Cleanup and Performance Standards and identification of Additional Response Actions; Settling Parties shall have the burden of proof in derronstrating that the petition canports with the provisions of Subparagraph A, above, and that the petition derronstrates: (i) that it is not technically practicable fran an engineering perspective to achieve any Cleanup and Performance Standard identified in Paragraph B.A.3), above, (ii) that each proposed Alternative Cleanup and Performance Standard incorporates the lowest concentration of such substance that is technically practicable to attain fran an engineering perspective; (Hi) that Additional Response Actions taken or to be taken by Settling parties assure that the Remedial Action is using best available technology to reduce contaminants in the Upper Sand Aquifer to the lowest concentrations that are technically practicable fran an engineering perspective, and; (iv) that the Rerredial Action Work, including any Additional Response Actions, will achieve the proposed standard and will achieve a degree of cleanup confonning to the requirerents set forth in Subparagraph A. (iv), above, if any Cleanup and Performance Standard in Paragraph B.A.3), above, is waived. D. If the MPCA grants any petition pursuant to this paragraph, Settling Parties shall thereafter achieve all Al ternati ve Cleanup and Performance Standards established pursuant to this paragraph. VII. MPCA PERIODIC REVIEW TO ASSURE PROI'EcrION OF HUMAN HEALTH AND THE ENVIRONMENI' 16. The MPCA shall review the Remedial Action at the Facility at least every five (5) years after the issuance of this Order to assure that hunan health and " " the envirorunent are being protected by the Rerredial Action being implerrented. o -30- If upon such review, the MPCA detennines that further Response Action is o appropriate, then consistent with Section XVIII, below, of this Order, the MPCA reserves its legal authority to take or require the Settling Parties to take any such action. 17. Settling parties shall be provided with an opportunity to confer with the MPCA on any Response Action proposed pursuant to Paragraph 16, above, and to sutmit written conments for the record. VIII. ADDITIONAL WJRK o 18. No Warranty. The provisions of the RAP attached as Appendix I reflect the MPCA's and Settling parties' best efforts at the time of issuance of this Order to define the technical wurk required to perfonn the Remedial Action described in the ROD and the RAFD Report. The Settling parties acknowledge and agree that approval by the MPCA of the RAFD Report, the RAP or the RD/RA Work Plan does not constitute a warranty or representation of any kind that the implementation of the RAFD Report, the RAP or the approved RD/RA Work Plan will achieve the Cleanup and PerfoIID3.Ilce Standards, and shall not foreclose the MPCA from seeking canpliance with the applicable Cleanup and PerfoIID3.Ilce Standards pursuant to Paragraphs 13, 15, alxNe, and 20, below. 19. Modification of the RAP. Any m::xiification of the RAP to reflect any Additional Work required under Paragraph 20, below, or to incorporate other changes to the design, construction, operation or maintenance of the Remedial Action required under this Order, shall be set forth in a written amendment to the RAP signed by the MPCA Corrmissioner and Settling parties. 20. Additional Work. A. PurpJses of Additional Work. The Settling Parties recognize that Additional Work may be required to: (i) assure attainment or maintenance of any Cleanup and Performance Standard established pursuant to tllis Order except for o C) -31- the requirements of Paragraph B.A. (3), above; or (ii) avoid exceedance of any criteria under par~graph 13.G, above. For purposes of this paragraph 20, "Additional Work" shall mean any repair, m:xlification, enhancerent or addition to the Remedial Action that does not add to the Remedial Action any major component not identified in Section III.A of the RAP. All disagreements pertaining to Additional Work, further investigations or review of Alternative. Response Actions under this paragraph 20, shall be governed by the dispute resolution provisions of Section XIV of the Order. B. Failure to Canply with Cleanup and Perform:mce Standards. In the event that (a) the Remedial Action under this Order fails to achieve or maintain canpliance with any Cleanup and Perform:mce Standard established pursuant to this Order other than the requirements of paragraph B.A. (3), above, and/or (b) there is an exceedance of the criteria under paragraph 13.G., above, then Settling Parties shall take the actions set forth belOW' in this Subparagraph B. 1) Report on Noncompliance. Within sixty (60) days after Settling Parties becc:rne aware of any exceedance of any criteria established under paragraph 13. G., above, or becc:rne aware of any failure to rreet any Cleanup and Perform:mce Standard established pursuant to this Order, other than the requirements of paragraph 13.A(3), above, then Settling Parties shall perfonn any additional investigation necessary to confinn whether noncanpliance or exceedance has occurred, take any action required under the approved O&M Plan in the event of such noncanpliance or exceedance, and prepare and sutmit a report to the MPCA. The report shall describe the circumstances and causes of any noncanpliance or exceedance, the results of any further investigations, any actions taken pursuant to the approved O&M Plan, and any recanmendations for Additional Work designed to achieve and maintain canpliance with such Cleanup and Perform:mce Standard or designed to avoid exceedance of such criteria. -32- Settling parties shall also suhnit to the MPCA all sampling and analytical ~ results on which the report is based. 2) Determination of Noncompliance, and Need for Additional Work/ Alternative Response Actions. After considering the report suhnitted pursuant to Subparagraph B.l), above, the MPCA shall determine whether the Remedial Action has failed to attain or maintain compliance with any Cleanup and Perfonnance Standard established pursuant to this Order or has exceeded any criteria under Paragraph l3.G., above, or whether further investigation is necessary to make such a determination. The MPCA shall then determine whether Additional Work as defined herein is required to achieve or maintain compliance with any such Cleanup and Perfonnance Standard or is required to avoid exceedance of any such criteria, or whether any further investigation is necessary to determine the need for Additional Work. If the MPCA determines that Additional Work or any further investigation is necessary, Settling Parties shall suhnit a plan and schedule as provided in Subparagraph B.4), below, prior to the suhnission date provided in Subparagraph B. 3) . If the MPCA determines that Additional Work as defined herein may be insufficient to achieve and maintain compliance with such Cleanup and Perfonnance Standards or to avoid exceedance of such criteria, Settling Parties shall suhnit a plan and schedule for Al ternati ve Response Actions as provided in Subparagraph B. 5 ), below, prior to the suhnission date provided in Subparagraph B.3), above. 3) Suhnission Date for Plan and schedule. Within sixty (60) days after notice of a determination by the MPCA pursuant to Subparagraph B.2), above, that Additional Work or further investigation is necessary, or that Alternative Response Actions are appropriate, plans and schedules for such Additional Work, further investigation or Alternative Response Actions pursuant to Subparagraphs , , B.4) or 5) respectively, below, shall be suhnitted to the MPCA, unless the o -33- dispute resolution provisions of Section XIV, below, are invoked to contest any () such detennination. If a dispute resolution proceeding is initiated with respect to any detennination under Subparagraph B.2), above, then Settling Parties shall sul:rnit to the MPCA such plan and schedule pursuant to Subparagraphs B.4) and 5), below, within sixty (60) days after resolution of any such dispute, unless such dispute resolution proceeding results in a finding that no such plan and schedule is to be sul:rni tted. 4) Plan and Schedule for Additional Work. Following a detennination by the MPCA pursuant to Subparagraph B.2), above, that Additional Work is necessary to attain or maintain compliance with any Cleanup and Perfonnance Standard established pursuant to this Order or to avoid exceedance of any criteria under Paragraph B.G., above, or that further investigation is necessary to make any detennination regarding the need for Additional Work, Settling Parties shall sul:rnit to the MPCA, in accordance with the schedule set forth in this Paragraph, a plan and schedule for any further investigation detennined to be necessary and for implementation of any Additional Work. The plan and schedule for Additional Work and/or further investigation shall be subject to and implemented in accordance with the provisions of Paragraph 12, above, of this Order. 5) Plan and Schedule for Alternative Response Actions. Following a detenninationby the MPCA pursuant to Subparagraph B.2), above, that Additional Work as defined herein may be insufficient to attain or maintain canpliance with any Cleanup and Perfonnance Standards established pursuant to this Order or to avoid exceedance of any criteria under Paragraph 13 G., above, Settling Parties shall sul:rnit to the MPCA a plan to identify and evaluate Alternative Response Actions, and a proposed schedule to conduct and complete the evaluation, including draft and final reports. The evaluation shall identify Alternative ,"'- '\ Response Actions in accordance with CERCIA and the NCP, with MERTA. The ,-j -34- evaluation shall address each noncompliance or exceedance reported pursuant to Q Subparagraph B.1), above. In addition, the evaluation shall present the advantages and disadvantages of each identified AlteIllative Response Action, including the effectiveness of the Alternative Response Action in achieving and maintaining the Cleanup and Perfonnance Standards or in avoiding exceedances of the criteria pursuant to Paragraph !J.G., above, and provide a schedule for implementation of such AlteIllative Response Actions. The plan to identify and evaluate AlteIllative Response Actions, and the schedule to conduct the evaluation and sul::rnit the report regarding the evaluation, shall be subject to and implemented in accordance with the provisions of Paragraph 12, above of this Order. If any Alternative Response Action is selected by the MPCA, after reviewing the report sul::rnitted by Settling Parties pursuant to this Subparagrapr 13 . B. 5 ), above, implementation by Settling Parties of the selected Al teIllati ve Response Action shall be subject to the provisions of Section XVIII (Covenant Not to Sue), below. IX. QUALITY ASSURANCE 21. Settling Parties shall use quality assurance, quality control, and chain of custody procedures in accordance with U.S. EPA's "Interim Guidelines and Specifications For Preparing Quality Assurance Project Plans" (QAM-005/80) and subsequent amenchnents to such guidelines upon notification to Settling Parties of such amenchnents by the MPCA. Arrended guidelines shall apply only to procedures conducted after such notification. Prior to the carmencement of any monitoring under this Order, Settling Parties shall sul::rnit Quality Assurance Project Plan ( s) ("QAPP") to the MPCA, consistent with the RAP and applicable guidelines, in accordance with Paragraph 11, above. Validated sampling data generated consistent with the QAPP(s) shall be admissible as evidence, without r .", objection, in any proceeding to enforce this Order. Settling Parties shall 'J -35- assure that the MPCA personnel or authorized representatives are allowed access :) to any laboratory utilized by Settling Parties in implementing this Order. In addition, Settling Parties shall have a designated laboratory analyze samples suhnitted by the MPCA for quality assurance rronitoring. x. FACILITY ACCESS, SAMPLING, OCCUMENT AVAILABILITY 22. Access to Facility and Other Property Controlled by Settlinq Parties. As of the date of issuance of this Order, the MPCA and its authorized representatives, and Settling Parties and their contractors shall have access at all times to the Facility, and shall have access to any other real property owned, controlled by or available to Settling Parties, and any real property within 300 feet of the Facility roundary as shown in Exhibit 1 owned, controlled by or available to the County, the City, or the Windschitls, to which access is necessary to effectuate the Remedial Design or Rerreclial Action required pursuant this Order. Nothing in this Paragraph 22 shall be construed to allow unreasonable interference, as determined by the MPCA with the use of Hanson Eoulevard or Crosstown Eoulevard. Access shall be allowed for the purposes of conducting activities related to this Order, including but not limited to: A. Conducting the Work required under this Order; B. Monitoring the Work or any other activities taking place at the Facility; C. Verifying any data or infolJl1ation suhnitted to the MPCA; D. Conducting investigations relating to contamination at or near the Facility; E. Obtaining samples; F. Assessing the need for, planning, or implementing Additional Response Actions or Alternative Response Actions at or near the Facility; ~) -36- G. Inspecting and copying records, operating logs, contracts or other C) documents maintained or generated by Settling Parties or their agents or contractors, consistent with this Order and applicable law; or H. Assessing Settling Parties' compliance with this Order. 23. Obtaininq Access to Facility Property and Other Property CMned by NonSettlinq Parties. To the extent that WOrk is to be perfonned under this Order on real property to which access has not been granted under Paragraph 22, Settling Parties shall use best efforts to secure agreements granting access to such property for Settling Parties and their contractors, and the MPCA and its authorized representatives, as necessary to effectuate this Order. A. Except as provided in Subparagraph B, below, with respect to real property on which will be conducted the constmction, operation, maintenance or rronitoring of Response Actions pursuant to this Order, the access agreements shall require the owner to comply with the land use restrictions set forth in paragraph 8, al:xJve, of this Order. The access agreements shall further provide that the owner shall not convey any title, easement, or other legal interest in any portion of the Facility or other area where such WOrk is to be perfonred without providing for: (a) the continued, unimpeded construction, operation, maintenance and rronitoring by Settling Parties and the MPCA, their contractors and authorized representatives, of all components of and structures and improvements resulting from or related to any Response Actions installed on the property pursuant to this Order and (b) access to the property by the Settling Parties and the MPCA their contractors and authorized representatives, to the extent necessary to implement the constmction, operation, maintenance and rronitoring of such Response Actions. .~ \..J o .C) -37- B. With respect to property on which the only Work required is sampling of existing residential wells, the access agreements shall provide only for such access as necessary to pennit sampling of the wells in accordance with the approved O&M Plan. C. All access agreements shall provide that the owner(s) of the property subject to the access agreement shall notify the MPCA Ccmnissioner by certified mail at least sixty (60) days prior to any conveyance of the property, of the owner's intent to convey any interest in the property and the provisions that will be made for continued access after the conveyance. The notice shall contain a detailed description of the legal interest and property intended to be conveyed, and the identification of and current mailing address of the person(s) to whan such legal interest will be conveyed. An access agreement may require that such notice also be given to the Settling Parties. D. If access is not obtained despite best efforts within sixty (60) days of the date of issuance of this Order, Settling Parties shall promptly notify the the MPCA. The MPCA thereafter may assist Settling Parties in obtaining access, to the extent necessary to effectuate the Remedial Action for the Facility, using such rreans as it deems appropriate. All costs incurred to obtain access, including attorneys fees, and any canpensation that the MPCA may be required to . pay to the property owner, shall be reimbursed to the MPCA in accordance with Section XVI, below, of this Order. 24. Access Authority Retained. Nothing herein shall restrict in any way the MPCA's access authorities and rights under Minn. Stat. chs. 115, 115B and 116 or any other applicable statute, rule or penni t. 25. Samplinq Availability. Settling Parties shall make available to the MPCA the results of all sampling and/or tests or other data generated by Settling Parties with respect to the implementation of this Order. The MPCA, upon -38- request, shall make available to the Settling Parties the results of sampling ~ and/or tests or other data generated pursuant to this Order by the MPCA or its contractors. 26. Split Samples. Up:m request, a Settling Party taking samples pursuant to this Order, shall allow other Settling Parties or their authorized representatives to take split or duplicate samples. The Settling Party taking such samples shall give at least fourteen (14) days prior notice of sample collection activity to the other Settling Parties. XI. REPORI'ING REQUIREMENI'S 27. proqress Reports. Settling Parties shall prepare and provide to the MPCA, the County and the City written progress reports which include all inforrration sought in Task N. of the RAP, Appendix I hereto. During the design and const.nJ.ction phases of the Rene:lial Action, progress reports are to J::e suhnitted nonthly, on or J::efore the fifteenth day of every rronth following the effective date of this Order. After issuance by the MPCA of the certificate of canpletion of rene:lial const.nJ.ction pursuant to Paragraph 92, J::elow, of this Order, progress reports are to J::e suhnitted to the MPCA quarterly. The first quarterly progress report shall J::e due forty-five (45) days after the end of the calendar quarter (e.g., January through March, April through June, etc.) in which Settling Parties receive the certificate of completion of renedial const.nJ.ction, and shall provide the required infornation for the entire calendar quarter. Thereafter, such quarterly reports shall J::e due forty-five (45) days following each successive calendar quarter. Progress reports suhnitted to the County and the City need not include supporting documents. .~ \....__J C) o -39- 28. Quarterly Monitorinq Reports. After crnmencement of operation of the ground water extraction well system, Settling Parties shall sul:mit to the MPCA, the County and the City quarterly rronitoring reports which include the elements specified in Task IV.B. of the RAP, Appendix I hereto. The first quarterly rronitoring report shall be due forty-five (45) days after the end of the calendar quarter in which Settling Parties crnmence operation of the ground water extraction well system, and such reports shall be due forty-five (45) days following each successive calendar quarter thereafter. 29. Other Reportinq Requirements. Settling Parties shall sul:mit reports, plans and data required by the RAP, the RD/RA Work Plan and other approved plans in accordance with the schedules set forth in such plans. Unless othexwise required by law, agreement, or order, Settling Parties shall sul:mit a copy of each report or plan required by this Order to the EPA, the County and the City. 30. Reports of Releases. Upon the occurrence of any event during perfonnance of the Work which, pursuant to Section 103 of CERCIA, requires reporting to the National Response Center, Settling parties shall promptly orally notify the MPCA PM or Alternate PM. Within twenty (20) days of the onset of such an event, Settling parties shall fUITIish to the MPCA a written report setting forth the events which occurred and the measures taken, and to be taken, in response thereto. Within thirty (30) days of the conclusion of such an event, Settling Parties shall sul:mit a report setting forth all actions taken to respond thereto. 31. Annual Report. Settling Parties shall sul:mit each year, within forty-five (45) days of the end of the calendar year (Cecember 31), a report to the MPCA, the City and the County setting forth the status of Response Actions at the Facility, which shall include at a minimum a statement of major milestones accomplished in the preceding year, a statement of tasks renaining to be accomplished, and the schedule for implementation of the renaining Work. -40- XII . MPCA PROJECl' MANAGER AND Settling Parties o PROJECl' COORDlNA'lDR 32. Desiqnation!powers. The MPCA shall designate a PM for the Facility may designate other representatives, including MPCA 6l1ployees and state contractors and consultants, to observe and m:mitor the progress of any activity undertaken pursuant to this Order. The PM shall have the authority to halt any Work required by this Order and to take any necessary Resp:mse Action when conditions at the Facility may present an inminent and substantial endangennent to public health or v.Blfare or the envirorunent. Settling parties shall also designate a Project Coordinator who shall have primary responsibility for implementation of the WOrk at the Facility. 33. Ccmnunications. To the maximum extent possible, except as specifically provided in this Order, ccmnunications between Settling parties and the MPCA concerning the implementation of the WOrk under this Order shall be made bet;..Ben the PM and the Project Coordinator. 34. Desiqnations and Replacements. Within tv.Bnty (20) calendar days after the date of issuance of this Order, Settling Parties and the MPCA shall notify each other, in writing, of the name, address and telephone mnnber of the designated Project Coordinator and an Alternate Project Coordinator, and the PM and Alternate PM. If the identity of any these persons changes, notice shall be given to the other Settling parties at least five (5) business days before the changes become effective. XIII. FORCE MAJEURE 35. Definition. "Force Maieure" for purposes of this Order is defined as any event arising from causes beyond the control of Settling Parties which delays or prevents the performance of any obligation under this Order, notwithstanding '_j Settling parties' best efforts to avoid or minimize the delay. Increased costs \.J -41- . or expenses, or nonattai.nrnent or exceedance of the Cleanup and Perfonnance .:.J Standards or the criteria under Paragraph 13 .G., above, shall not constitute Force Majeure events. 36. Notice to Project Manaqer Required. When circumstances occur which may delay the canpletion of any phase of the Work or delay access to the Facility or to any property on which any part of the Work is to be perfonred, whether or not caused by a Force Majeure event, Settling parties shall promptly notify the PM by telephone, or in the event of the PM's unavailability, the MPCA. Director of the Ground Water and Solid Waste Division or equivalent managerial persormel at the MPCA.. Within twenty (20) days of the event which Settling parties contend is responsible for the delay, Settling parties shall supply to the MPCA, in writing, the reason(s) for and anticipated duration of such delay, the measures taken and to be taken by Settling parties to prevent or minimize the delay, and the timetable for implementation of such measures. Failure to give such oral notice or written explanation in a timely manner shall constitute a waiver of any claim of Force Majeure. 37. If the MPCA agrees with the Settling parties, or the Court detennines as provided for below, that a delay is or was attributable to a Force Majeure event, the the MPCA. and Settling parties shall mxlify the RD/RA Work Plan to provide such additional time as may be necessary to allow the canpletion of the specific phase of Work and/or any succeeding phase of the Work affected by such delay. 38. If the MPCA. does not agree with the Settling parties that the reason for the delay was a Force Majeure event, that the duration of the delay is or was warranted under the circumstances, or that the length of additional time requested by Settling Parties for canpletion of the delayed Work is necessary, ./ 1 the MPCA. shall so notify Settling Parties in writing. Settling Parties may "--' -42- initiate a fonnal dispute resolution proceeding under Section XIV, below, but o must do so no later than the 15th day after receipt of such notice. In such a proceeding, Settling parties have the burden of proving that the event constituted Force Maieure, that best efforts v;ere exerted to avoid and mitigate the effects of the delay, that the duration of the delay is or was warranted, that the additional time requested for canpletion of the WOrk involved is necessary to caupensate for the delay, and that the written notice provision of paragraph 36, above, was canplied with. XIV. DISPurE RESOLurION 39. If a dispute arises as to any provision of this order, including any disapproval or approval with conditions or rrodifications of any document under paragraph 12, above, the procedures of this Section XIV shall apply. During the pendency of any dispute, the Settling parties initiating the dispute resolution process ("Disputing Settling Party") shall continue to implement those portions of the WOrk not in dispute which can be reasonably implemented pending final resolution of the issues in dispute. 40. The Disputing Settling Party shall, within tv;enty-one (21) days of the date a dispute arises, provide the MPCA Conmissioner with a written statement setting forth the issues in dispute, the position of the Disputing Settling Party, and the infonnation the Disputing Settling Party is relying upon to support its position. The Disputing Settling Party shall also state whether the Disputing Settling Party will suspend Work on any portions of the WOrk during the dispute and provide, or identify and when available any documents upon which it relies. 41. Following receipt of the Disputing Settling Party's statement under paragraph 40, above, the MPCA Ccmnissioner shall issue an order with respect to the issues in dispute. ,~ ~ CJ -43- 42. The Disputing Settling Party shall, within fourteen (14) days of the date of issuance of the MPCA Conmissioner's order, notify the MPCA Conmissioner whether the Disputing Settling Party intends to comply with the MPCA Conmissioner's order. In the event that the Disputing Settling Party does not notify the MPCA Conmissioner's order, the Disputing Settling Party failure shall be construed as a waiver of its right to challenge the order resolving the dispute. In that event, the MPCA Cornnissioner's order shall becorre final and an integral and enforceable part of this Order. 43. If the dispute involves WOrk that the Disputing Settling Party intends to suspend pending resolution of the dispute and if the Disputing Settling Party notifies the MPCA Conmissioner within fourteen (14) days of the date of issuance of the MPCA Cornnissioner' s order, the Disputing Settling Party does not intend to comply with the order, the MPCA Conmissioner shall, within forty-five (45) days of the date that the Disputing Settling Party's notice was received, notify the Disputing Settling Party as to whether the MPCA has decides to do any of the ....urk which the Disputing Settling Party intends to suspend during the dispute. If the MPCA decides to do any Work by the Disputing Settling Party pending resolution of the dispute: ( 1) the MPCA nay seek to recover any reasonable and necessary expenses incurred by the MPCA from the Disputing Settling Party as provided in Minn. Stat. 5115B.17, subd. 6 (1990); there shall be no preenforcarent judicial review of the MPCA's decision to do the WOrk or reasonableness or necessity of the WOrk perfonned by the MPCA; and (3) judicial review of the MPCA's decision to do the WOrk and the reasonableness or necessity of the ....urk perfonned by the MPCA shall be available only if a cost recovery action is brought by the MPCA under Minn. Stat. 5 115B.17, suJ:xl. 6 (1990). 44. This Paragraph applies to disputes that do not involve Work, or disputes that involve work but where Disputing Settling Party has notified the MPCA ~) :J -44- Ccmnissioner that the Disputing Settling Party intends to suspend performance of the WOrk during resolution of the dispute and the MPCA Ccmnissioner has notified the Disputing Settling Party under Paragraph 43 that the MPCA does not intend to do the WOrk. 45. Any applicable stipulated penalties continue to aCCIUe during dispute resolution, as provided in Section XVII, below. Settling Parties nay seek forgiveness of stipulated penalties that aCCIUe during dispute resolution by petition to MPCA pursuant to Paragraph 65, below. 46. Upon the conclusion of any dispute resolution under this Section which has the effect of nullifying or altering any provision of an RD/RA WOrk Plan or any other plan or document sul:rnitted and approved pursuant to this Order, Settling parties shall sul:rnit an amended plan or document, in accordance with the decision and order, to the MPCA within fifteen (15) days of receipt after the order resolving the dispute becomes final. Amendments of the RAP as a result of dispute resolution proceedings are governed by Section VIII, above. 47. Amendments of a plan or other document as a result of dispute resolution shall not alter any dates for performance unless such dates have been specifically changed by the order or decision. Extension of one or IOOre dates of perfomance in the order or decision does not extend subsequent dates of performance for related or unrelated itans of WOrk unless the order or decision expressly so provides or the Settling parties to the dispute so agree. "iN. RETENTION AND AVAILABILITY OF INFORMATION 48. Settling parties shall make available to the MPCA and shall retain in a carmon depository naintained by a designated representative of Settling parties the following documents: 1) all records and documents in their possession, custody, or control which relate to the perfonnance of this Order, including, but not limited to, documents reflecting the results of any sampling, tests, or -45- other data or infonmtion generated or acquired by any of them, or on their ~) behalf, with respect to the Work at the Facility; 2) all documents pertaining to their own or any other person's liability for Response Actions or Response Costs related to the Facility. All documents shall be retained for at least twenty (20) years following the issuance of this Order, or for a period of at least twenty-one (21) years after creation of the documents, whichever is longer. After this period of document retention, Settling parties shall notify the MPCA at least ninety (90) days prior to the destruction of any such documents, and upon request by the MPCA, Settling parties shall, at their option, continue to retain custody of said documents, or relinquish custody of the documents to the MPCA. 49. Settling Parties may suhnit a written request for classification of infonmtion provided in connection with this Order as non-public infonmtion in accordance with Minn. Stat. 5 13.37(b), 115B.17, subd. 5 and 5 116.075, subd. 2. The request shall state the grounds for such classification under the appropriate statute. The request shall be suhnitted at the same time as the infonmtion is suhnitted to the MPCA. 50. Upon receipt of a request under Paragraph 49, above, the MPCA will determine whether the infonmtion is entitled to non-public classification under State law and will classify the infonmtion as non-public if so entitled.. B. If no request accompanies the infonmtion as provided in Paragraph 49, alxNe, when it is suhnitted to the MPCA or if the MPCA determines the infonmtion is not entitled to classifications non-public, the public may be given access to such infonmtion without further notice to Settling parties. 51. Infonmtion acquired or generated by Settling parties in performance of the Work that is subject to the provisions of Section 104(e) (7) (F) of CERCLA, 42 .=:J D.S.C. Section 9604(e) (7) (F), shall not be claiIred as confidential by Settling Parties. -46- 52. In the event that Settling Parties' obligation to produce docUIlEnts under ~_) this Section includes dOCUIlEnts which are privileged fran disclosure as attomey-client c01l111Uflications, or under attomey WJrk product or other privilege recognized by law, Settling parties nay notify the MPCA in writing they intend to withhold production of such documents and stating the privilege invoked to avoid disclosure. At the time production is requested, Settling Parties must provide the MPCA all infoIll'dtion necessary to detennine whether the dOCUIlEnt is privileged, including such infoIll'dtion as is generally required under the Minnesota Rules of Civil procedure. If the MPCA does not agree with the Settling parties' claim of privilege, Settling Parties nay seek protection of the documents from a court of appropriate jurisdiction. Settling parties nay not withhold as privileged any infoIll'dtion or dOCUIlEnts that are required to be generated or collected pursuant to this Order. Settling parties nay not withhold as privileged any docUIlEnts that are subject to the public disclosure provision of Section 104(e)(7)(F) of CERCLA, 42 U.S.C. 9604(e)(7)(F). XVI. REIMBURSEMENI' OF CERI'AIN RESPONSE COSTS 53. Response Costs. A. Settling parties shall reimburse the MPCA for the following Response Costs incurred by the MPCA under Minn. Stat. 5 115B.17: 1) Response Costs incurred to r::erfonn or fund any Work arising fran or related to Settling Parties' breach of the tenus of this Order, including costs incurred under Paragraph 86, below; 2) Response Costs incurred to obtain access or for compensation to pror::erty owners which Settling parties are obligated to pay pursuant to paragraph 23.D, above, of this Order; 3) The sum of $336,072.60 as reimbursement of the MPCA expenditures ,'- ) incurred up to the date of issuance of this Order with respect to the release or '-- -47- threatened release of hazardous substances, pollutants or contaminants at or from the Facility; and 4) All Response Costs regarding the Facility, including Oversight Costs and enforcerrent costs, incurred by the MPCA in furtherance of this Order, on or after the date of issuance of this Order. B. The MPCA's rights to recover other Response Costs and Settling parties' rights with respect to such Response Costs are as provided in Section XVIII, above . 54. Method of Reimbursement. A. Within forty-five (45) days of the issuance of this Order, Settling parties shall pay all costs specified in Paragraph 53.A. (3), above, in the fom and to the addressee provided in Subparagraph B., below. B. Any costs or penalties due and payable to the MPCA under this Order, other than the costs specified in paragraph 53.A.3), above, shall be paid within thirty (30) days after Settling parties' receipt of a letter from the MPCA requesting such payment. Reilnburserrent request letters shall be sul:mitted from tirne-to-tirne by MPCA to Settling parties. Payment shall be in the fom of a certified or cashier's check payable to the "Minnesota pollution Control Agency" and sent to the carmissioner, MPCA, at the address provided in Section XXI, below. C. In recognition of Settling parties' agreanent to pay in full all of the MPCA's Past Costs and Oversight Costs pursuant to this Order and in order to avoid double recovery by the MPCA for any such costs, the MPCA agrees to credit against any outstanding amJunt o'Mrl by Settling parties under this Order any payments the MPCA may recover from any person not a Settling Party to this Order in satisfaction of that person's liability for such costs less any expenses :_) incurred by the MPCA, including legal fees and costs, to recover such costs. ~J -48- D. Settling parties may agree aroong themselves as to the apportionment of :) ..... responsibility for the payments required by this Section, but their liability to make these payments to the MPCA shall be joint and several. XVII. srIPUIATED PENALTIES 55. Settling parties shall pay stipulated penalties in the aroounts set forth in Paragraph 56, below, to the MPCA for each failure to canplete any of the following requi.rerrents in an acceptable manner and within the specified tirre schedules set forth in this Order, the RAP or an approved RD/RA Work Plan: A. Cateqory A. (1) Failure to sul::rnit the canplete draft or final RD/RA Work Plans, including all project plans, by the deadlines specified in paragraph 11, above, or any revision thereto by the deadlines specified in paragraph 12, above, of this Order; (2) Failure to sul:mit any design plans and specifications, or any revisions thereto, by the deadlines specified in the RAP or an approved RD/RA Work Plan; (3) Failure to conrrence renedial Work in accordance with the schedules set forth in an approved RD/RA Work Plan. ( 4 ) Failure to notify or suhnit any report of release to the PM as required by Paragraph 30, above, following a notification to the National Response Center of a reportable release pursuant to Section 103 of CERCLA. (5) Failure to canplete any of the following canponents of the Rerredial Action in accordance with the approved project schedules sul:mitted pursuant to this Order, the RAP or an approved RD/RA Work Plan: (a) Construction of slurry wall and extraction \-.Bll, and NAPL detection and rerroval systems; .:J -49- (b) Construction of ground water extraction well and treatment ,~) ,~ system; (c) Construction of multi-layer cap; and (d) Filling of wetlands; (6) Failure to irnplerent and naintain the O&M plan requirelrents in accordance with the approved schedules and requiranents; and (7) Failure to canply with any effluent limitations, m:mitoring requirelrents, or other tenns and conditions of the "authorization to discharge" pursuant to Paragraph 13 B., above. B. Cateqory B. Failure to comply with any requirelrent of this Order not addressed in Subparagraph A., above, including but not limited to failure to sul:mit any progress report by the date(s) specified in this Order and failure to properly and timely sample and analyze waters at, under or adjacent to the Facility. 56. The following stipulated penalties shall be payable per violation, per day, to the MPCA for any noncanpliance of the tenns and requirerrents of this Order as categorized in Paragraph 55, above: Cateqory A Cateqory B Period of Noncanpliance $ 1,500 5,000 10,000 $ 250 500 1,000 1st through 30th day 31st through 60th day 61st day and beyond 57. Deferral, Reduction or Waiver of Penalties. By written agreement of the MPCA and Settling parties, stipulated penalties under Section XVII nay be deferred, :reduced or waived. Penalties assessed but deferred shall be placed by Settling parties in an interest-bearing escrow account and shall remain there until receipt of written notification from the MPCA stating the disposition of .' ') '-../ .~) ~) -50- said funds. The total amount of said funds not forgiven through reduction or waiver .as provided for in this Paragraph, shall be payable within thirty (30) days of notice, as provided in Paragraph 60, below. 58. All penalties begin to accrue on the day following the day on which perfonnance or sul:mittal is due or on the day that a violation occurs, and continue to accrue through the final day of correction of the noncanpliance or. canpletion of perfonnance. Nothing herein shall prevent the simultaneous accrual of separate penalties for separate violations of this Order. 59. Notice of Noncanpliance. Following the MPCA's determination that Settling parties have failed to comply with the requirements of this Order, the MPCA shall give Settling parties written notification of the SanE and describe the noncanpliance. This notice shall also indicate the amount of penalties due to date. Penalties shall accrue as provided in the preceding paragraph regardless of whether the MPCA has notified Settling parties of a violation. 60. All penalties ~ to the MPCA under this Section shall be payable within thirty (30) days of receipt of the notification of non-canpliance, unless Settling parties invoke the dispute resolution procedures under Section XIV, above, or said penalties are deferred by the MPCA pursuant to Paragraph 57, above. Penal ties payable to the MPCA shall be paid as specified in Paragraph 54.B., above. The sul:mittal shall also state the failure which is the basis for the stipulated penalties, and the date(s) of failure for which payment is being made. 61. Settling Parties may dispute the MPCA's right to the stated amount of penalties on the grounds that the violation is excused by the Force Maieure provisions of Section XIII, above, or that it is based on a mistake of fact. The dispute resolution procedures under Section XIV, above, shall be follov.W for such a dispute. -51- 62. Neither the filing of a petition to resolve a dispute nor the payment of () penalties shall alter in any way Settling parties' obligation to continue and canplete the perfoIlllilllce required by this Order, except as provided in Section XIV (Dispute Resolution), above. 63. Penalties shall continue to accrue as provided in Paragraph 58, above, during the dispute resolution period, but need not be paid until the following decision points: A. If the dispute is resolved by order of the MPCA and Settling parties do not seek judicial review of the order as provided in Paragraph 44, above, accrued penalties shall be paid to the MPCA within fifteen (15) days of the agrearent or the receipt of the MPCA's order; B. If Settling Pa.l:t.ies seek judicial review of the Comnissioner's order, accrued penalties shall be paid to the MPCA within fifteen (15) days of receipt of a court decision or order in favor of the MPCA. 64. Settling parties shall not owe stipulated penalties for any matters upon which they prevail in dispute resolution. Settling Parties shall request a specific determination from the MPCA Comnissioner, or foun the court in any judicial review of an order of the MPCA Comnissioner, as to the issues and items upon which they have prevailed and as to the arrount of any stipulated penalties owed. \~ 65. Notwithstanding the provisions of this Section, the Settling Parties may request the MPCA comnissioner to forgive stipulated penalties that accrue during dispute resolution for items upon which they did not prevail, based on a finding by the MPCA comnissioner (1) that the delay in Work or other violation that caused the stipulated penalty to accrue was necessary and appropriate during the dispute resolution proceeding, (2) that Settling parties' position regarding the dispute had substantial support in law and fact and reasonably could have been -52- expected to prevail, and (3) that Settling parties sought dispute resolution at U the earliest practicable time and took all other appropriate steps to avoid any delay in Rerreclial Action Work as a result of the dispute. If the MPCA comnissioner so finds, the MPCA shall grant a reduction, in an arrount deemed reasonable by the MPCA Conmissioner, in the stipulated penalties that accrued during the dispute resolution period. The decision of the MPCA Conmissioner on forgiveness of stipulated penalties is subject to judicial review as provided for an order of the MPCA comnissioner under Paragraph 63, above. Settling parties shall have the burdens of proof and persuasion on any request sul:rnitted under this provision. 66. Interest shall begin to accrue on the unpaid balance of stipulated penalties and costs on the day following the date payrrent is due. Interest shall be pa,id as specified in paragraph 54, above, at the rate detennined pursuant to Minn. Stat. 5 549.09, subd. l(c). 67. If Settling parties fail to pay stipulated penalties due under this Section or costs due under Section XVI, above, the State rra.y institute proceedings to collect said penalties or costs. 68. Notwithstanding any of the provisions of Section XVII, the MPCA rra.y elect to recover civil penalties or seek to canpel perfoIlMIlce by Settling parties of any obligations under this Order by being an action under Minn. Stat. Section 115B. 18 . payrrent of stipulated penalties shall not preclude the MPCA from electing to pursue any injunctive relief in an action to enforce this Order, nor shall it preclude the MPCA from seeking statutory penalties against Settling parties for violations of statutory or regulatory requirements. XVI I I . COVENANI' NCYl' 'ID SUE \~ 69. Except as othe:rwise specifically provided in the following Paragraph 70, below, or elsewhere in this Order, and subject to canpliance with the teIJllS of (J \~ -53- this Order, the MPCA covenant not to bring any legal, equitable or administrative action against the Settling parties, the Windschitls, the County or the City for covered Matters. Covered Matters shall include any and all claims available to the MPCA under Minn. Stat. chs. 115, 1158 and 116, Section 107 of CERCLA (42 V.S.C. ~ 9607), or any other State Statutory regulation or cornron law theory of liability relating to a release or threatened release of hazardous substances, p:>llutants or contaminants, at or fran the Facility. With respect to Future Liability, this covenant not to sue shall take effect up:>n certification by the MPCA of completion of the Remedial Action pursuant to Section XXVI, below. 70. "Covered Matters" does not include: a. Liability arising fran hazardous substances, p:>llutants or contaminants rerroved fran the Facility; b. Liability for natural resource c. Criminal liability; d. Claims based on a failure by the Settling Parties to meet the requirements of this Order; e. Any matters for which the MPCA is ~ indemnification under Section XIX, below; f. Liability for violations of law which occur during implementation of the obligations ruder this Order; g. Liability arising fran the release or threatened release of hazardous substances, p:>llutants or contaminants to the ~r Sand Aquifer; or h. Liability for any Alternative Resp:>nse Action as provided in paragraph 20, above, of this Order. 71. Notwithstanding any other provision of this Order, (1) the MPCA reserves the right to institute proceedings in this action or in a new action or to seek to -54- compel the Settling Parties to perfODll any Additional Response Action at the ,~) Facility, and (2) the State reserves the right to institute proceedings in this action or in a new action seeking to recover fran Settling parties any Response Costs incurred by the MPCA for any Additional Response Actions undertaken by the MPCA, relating to the Facility, if: A. For proceedings prior to the MPCA Ccmnissioner' s Certification of Completion of the Remedial Action concerning the Facility, ( 1) conditions at the Facility, previously unla10wn to the MPCA are discovered after the issuance of this Order, or (2) infonnation is received by the MPCA, in whole or in part, after the issuance of this Order, and (3) these previously unla10wn conditions or this infonnation indicates that the Remedial Action is not protective of human health and the environrrenti and B. For proceedings subsequent to the MPCA Ccmnissioner' s Certification of Completion of the Remedial Action concerning the Facility, (1) conditions at the Facility, previously unla10wn to the MPCA are discovered after the Certification of completion of the Remedial Action by the MPCA Ccmnissioner, or (2) infonnation is received by the MPCA, in whole or in part, after the MPCA Certification of completion of the Remedial Action and these previously unla10wn conditions or this infonnation indicates that the Remedial Action is not ,:.J protective of human health and the environrrent. 72. For purposes of Subparagraph A, above, of the preceding paragraph, the infonnation received by and the conditions known to the United States are that infonnation and those conditions set forth in the ROD attached as Appendix 1 hereto, the approved RAFD Report attached as Appendix II hereto, or in docurrents o ,:.) -55- contained in EPA's administrative record supporting the ROD. For purposes of Subparagraph B of the preceding paragraph, the infonnation received by and the conditions known to the EPA are that infonnation and those conditions set forth in the ROD, RAFD Report, the administrative record supporting the ROD and in reports or other docurrents sul:mitted to EPA pursuant to this Order prior to certification of completion of the Remedial Action. 73. Notwithstanding any other provisions in this Order, the covenant not to sue in this Section shall not relieve the Settling Parties of their obligation to meet and maintain compliance with the requirEments under this Order, and the MPCA reserves its rights to take Response Actions at the Facility in the event of a breach of the teDllS of this Order and to seek recovery of the folla.ving costs incurred after issuance of the Order: 1) costs incurred for any portion of the Work funded or perfonred by the MPCA arising from or related to such breach; 2) costs incurred by the MPCA as a result of seeking judicial assistance to rerredy the breach; 3) any other costs resulting from such a breach. 74. Release/Waiver. A. Except as specifically provided in Subparagraph B, bela.v, Settling parties hereby release and waive any rights to assert any claims or causes of action against the MPCA relating to or arising from the Facility. B. Settling parties' release and waiver shall not apply to any cla.i1ns arising fran Settling parties' rights to seek administrative and/or judicial review of MPCA action relating to the issuance, denial or m:xlification of any permit or approval. 75. Nothing in this Order shall constitute or be construed as a release or a covenant not to sue regarding any claim or cause of action against any person not a signatory to this Order for any liability it may have arising out of or relating to the Facility. The MPCA expressly reserves the right to sue or bring -56- any claim against any person, other than the Settling Settling parties, the C) City, the County and the Windschitls in connection with the Facility. 76. The Settling Parties, the City, the County and the Windschitls are entitled to contribution protection to the extent provided by Section ll3 (f) (2) of CERCLA, 42 U.S.C. 96l3(f)(2) for matters addressed in this settlement. 77. The Settling parties, the City, the County and the Windschitls are entitled to seek contribution from any person who is not a Settling Party to this Order to the extent provided by State Statute. 78. Each of the Settling parties, the City, the County and the Windschitls expressly reserve any and all rights (including, without limitation, any rights to contribution), defenses, cla.i1ns, demands, and causes of action that they nay have against any person not a Settling Party to this Order with respect to any matter, transaction, or occurrence relating in any way to the Facility. XIX. INDEMNIFICATION; OI'HER CLAIMS 79. Settling parties agree to indemnify, save and hold hannless the MPCA and its Officers and enployees from any and all cla.i1ns or causes of action arising from the acts or anissions of Settling Parties and/or their employees, agents and representatives, including contractors and subcontractors, in carrying out the activities pursuant to this Order. The MPCA shall notify Settling Parties of any such cla.i1ns or actions promptly after receipt of notice that such a claim or action is anticipated or has been filed. 80. The MPCA does not assume any liability of Settling parties by virtue of entering into this agreement or by virtue of any designation that may be made of Settling parties as representatives of the MPCA for purposes of carrying out this Order. . The MPCA is not to be construed as a Settling Party to, and does not assume any liabilities for, any contract or access agreement entered into by " '\ ........) Settling parties in carrying out the activities pursuant to this Order. The -57- proper completion of the Work under this Order is solely the responsibility of o Settling parties. XX. INSURANCE/FINANCIAL RESPONSIBILITY 82. Settling parties shall purchase or cause to be purchased, and maintain in force for the duration of the Remedial Action Work, comprehensive general liability and autarobile insurance with limits of twu million dollars ($2,000,000), combined single limit, naming the MPCA as an insured. If Settling Parties derronstrate by evidence satisfactory to the MPCA that any contractor or subcontractor maintains insurance equivalent to that described above, or insurance covering the sane risks but in a lesser arrount, then with respect to that contractor or subcontractor Settling parties need provide only that portion of the insurance described above which is not maintained by the contractor or subcontractor. In addition, for the duration of this Order, Settling parties shall satisfy, or shall ensure that their contractors or subcontractors satisfy, all applicable laws and regulations regarding the provision of wurker' s compensation insurance for all persons perfonning wurk on behalf of Settling Parties in furtherance of this Order. Prior to cOImlencement of the Work at the Facility, Settling parties shall provide the MPCA with certificates of insurancE and copies of insurance policies necessary to derronstrate compliance with this Paragraph. 83. Settling Parties shall provide financial security, in the arrount of fifteen million dollars ($15,000,000) in one of the foDllS pennitted under Minn. Rules pts. 7045._ to 7045._, within thirty (30) days after entry of this Order, to assure completion of the Work at the Facility. XXI . NOI'ICES ,:J 84. Whenever, under the teDllS of this Order, notice is required to be given, a report or other docurrent is required to be forwarded by one Settling Party to -58- another, or service of any papers or process is necessitated by the Dispute o Resolution provisions of Section XIV, above, such correspondence shall be directed to the folla.ving individuals at the addresses specified bela.v: As to the united States or U.S. EPA: a. Director, Waste Management Division Attn: Waste Disposal Engineering Remedial Project Manager (5HE) U. S. Environrrental protection Agency, Region V 230 South Dearborn Street Chicago, Illinois 60604 As to Settlinq parties: As to the City: As to the State of Minnesota: a. Office of Attorney General State of Minnesota Environrrental protection Div. Suite 200 520 Lafayette Road St. Paul, Minnesota 55155 b. ccmnissioner, Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, Minnesota 55155 As to the County: XXII. CONSISTENCY WITH NATIONAL CONl'INGENCY PLAN AND STATE LAW 85. The MPCA agrees that the Work and any Additional Work required under this Order, if properly perfonred, are consistent with the provisions of the NCP and MERLA. XXIII. ENDANGERMENl' AND EMERGENCY RESPONSE 86. In the event of any action or occurrence during the perfonnance of the Work which causes or threatens a release of a hazardous substance, pollutant or contaminants into the enviromrent which presents or may present an inrninent and substantial endangennent to public health or welfare or the enviromrent, , ') '-- .'" Settling Parties shall imnediately take all appropriate action to prevent, -59- abate, or minimize such release and endangennent, and shall imnediately notify () the PM. Settling parties shall take such action in accordance with all applicable provisions of the Site Safety and security plan developed pursuant to the RAP and approved by the MPCA. In the event that Settling parties fail to take appropriate Response Action as required by this paragraph and the MPCA takes such action instead, Settling Parties shall reimburse the MPCA for all Response Costs incurred to take such action. Payment of such Response Costs shall be made in the manner provided in Section XVI, above. 87. Nothing in this Order shall be deemed to limit the response authority of the MPCA under Minn. Stat. chs. 115, 115B, and 116. XXIV. COMMUNITY REIATIONS 88. Settling Parties shall cooperate with the MPCA in providing infonnation to the public regarding the progress of Remedial Design and Remedial Action at the Facility. To the extent requested by the MPCA, Settling parties shall participate in the preparation of all appropriate infonnation disseminated to the public and in public meetings which may be held or sponsored by the MPCA to explain activities at or concerning the Facility. XXV. ENFORCEMENl' AND AMENDMENl' OF ORDER 89. Enforceability. The teDllS of this Order shall be legally enforceable by either Settling Party in a court of appropriate jurisdiction. 90. Amenchnent of Order. This Order may be arrended only by a written agreement between Settling parties and the MPCA. XXVI. EFFECTIVE DATE AND CERI'IFICATIONS OF COMPLETION 91. Effective Date. This Order is effective upon the date of its issuance by the MPCA. The date of issuance is the last date on which a signature is affixed to the Order by the MPCA Ccmnissioner or the Chair of the MPCA Board. .:) 92. Settling parties' Certification of Ccmpletion of Remedial Construction. -60- When Settling Parties believe that remedial construction has been completed in .' "- ,--/ accordance with the approved 100 percent final design specifications, and all Remedial Action components are fully operational, and Settling parties have completed all Additional work which has been previously detennined to be necessary under paragraph 20, above, of this Order, the Settling Parties shall prepare and sul:mit to the MPCA a certification of completion of remedial construction, and a report which surrroarizes the Work done, any m:xlification made to the RAP, RAFD Report or wurk plans thereunder relating to design specifications of Remedial Action components, and data derronstrating that the Remedial Action is fully operational. The report shall also identify difficulties encountered during the remedial construction which may impair or otherwise reduce the effectiveness of the Remedial Action implementation or which may require unanticipated operation or maintenance actions to maintain the effectiveness of any of the implemented Remedial Action components. The report shall be prepared and certified as true and accurate by a professional engineer registered in the State and the Project Coordinator, and shall include appropriate supporting documentation. The MPCA shall review, and approve or disapprove the report in accordance with the procedures set forth in Paragraph 12, above, of this Order. Upon approval of the report, the MPCA ccmnissioner shall issue a certification of completion of remedial construction. 93. Certification of Canpletion of Remedial Action. A. Application. When the Settling parties believe that they have not exceeded the criteria of Paragraph 13.G., above, and have achieved, derronstrated and maintained compliance with all Cleanup and Perfonnance Standards required under Paragraphs 13 and 15, above, of this Order, and Settling parties have completed all Additional Work which has been previously detennined to be :J necessary under Paragraph 20, above, of this Order, except for the Cleanup and -61- Perfonnance Standards pursuant to Subparagraph 13 A. 3), above, for twenty-five ~) (25) years, the Settling Parties shall prepare and sul:mit to the MPCA a notification of canpletion of the Remedial Action and a Final Report which surrroarizes and evaluates the perfonnance of the ground water extraction system and other Remedial Action components from the date of the report required by Paragraph 92, above, to the date of this Final Report, including any m:xlification made to the Remedial Action pursuant to Paragraph 20, above, and data derronstrating that such standards have been achieved and maintained in accordance with this Order. The Final report shall be prepared and certified as true and accurate by a professional engineer registered in the State and the Project Coordinator, and shall include appropriate documentation. B. Certification. Upon receipt of the notice of completion of Remedial Action, the MPCA comnissioner shall review the Final Report and supporting documentation sul:mitted pursuant to Subparagraph A, above, and the Remedial Actions taken. The MPCA shall issue a certification of completion of Remedial Action upon a detennination that Settling Parties have derronstrated that there has been no exceedence of the criteria of Paragraph 13.G., above, and Settling parties have achieved, derronstrated, and maintained compliance with the Cleanup and Perfonnance Standards set forth in Paragraphs 13 and 15, above, except for the Cleanup and Perfonnance Standards pursuant to Subparagraph 13 A. 3), above, for twenty-five (25) years, that Settling Parties have completed all Additional Work which has been previously detennined to be necessary under Paragraph 20, above, of this Order, and that no Additional Response Action is required to meet the Remedial Action objectives set forth in the ROD, the RAFD Report and the RAP. 94. post-Certification Obliqations. Folla.ving Certification, Settling parties ') '--/ shall continue to perfoDll the folla.ving Work: () ::J -62- A. Operation and Maintenance of the Remedial Action pursuant to the approved RD/RA Work Plan; B. M:mitoring and Reporting pursuant to the approved RD/RA Work Plan and Order; C. Any Additional Work pursuant to paragraph 20, above, of this Order and any wurk plans approved by the MPCA pursuant thereto; and, D. Retention of docurrents pursuant to Paragraph 48, above, of this Order. 95. Effect of Settlement. The issuance of this Order shall not be construed to be an acknowledgment by the Settling parties that the release or threatened release concerned constitutes an inrninent and substantial endangennent to the public health or welfare or the environrrent. Except as provided in the Rules of Evidence of the Courts of the State, the participation by any Settling Party in this Order shall not be considered an admission of liability for any purpose, and the fact of such participation shall not be admissible in any judicial or fonnal administrative proceeding, except a proceeding to enforce this Order. By their signatures bela.v the undersigned hereby consent to the teDllS of this Order on behalf of the Settling parties they represent. FOR THE SETTLING PARrIES: Narre Title Date Settling Party Represented By: C) IT IS SO AGREED AND ORDERED: ~) State of Minnesota Minnesota pollution Control Agency Charles W. Williams Corrmissioner Dr. Daniel D. Foley Chair -63- Date Date () UNITED STATES OF AMERICA,and STATE OF MINNESOI'A, Plaintiffs, v. MELRON, INC., et al., Defendants. ,:J -64- Civil Action No. NAME OF Settling Party (Type) Address By: Narre of Officer (Type) (Signature of officer) o :-J -65- Title (Corporate seal here) If different from above, the folla.ving is the narre and address of this Settling Party's agent for service of process: Narre Address prior Notice to all Settling Parties shall be provided by Settling Party of any change in the identity or address of .the Settling Party or its agent for service of process. ~\[{\. _ ~ '(ylf:Q c~~~~ ;{)Dl~ 7iw e<f . ~ - c;;~ ~ f~ 't rk- Loe; r(JG ~G ~ -rt;, 7s ~ ~~ LblzSrtN7 ~ ~ p So ~ 1f~ (Y'0V'---o ~t I So ~~ loJ-- v ~ . ~cl~ U\~r ~ ~(\W- aM- ~ ~ !Lee I ~ ~o l-- o ---- , ." '\ .'-J '\ '\...JONE NO. ~ STATE OF ~~~~@LJ~ DEPARTMENT OF NATURAL METRO WATERS, 1200 Warner Rd., st. 772-7910 /0 C,C r, qljkj RESOURCES < Paul, MN 55106 FILE NO. April 17, 1991 ...--..-- {'" ~~. ti:~j ~',: .f; ~-~ . i,~" ...."...,.1 it.... .::.; Ir,,' ,!i :f (J W# ~--..:..,,-~-" - ~"' ~ ~ ;~l't" --'--'--14 f i ~'. ,:.:J? 1 q 1001. "i. iJ,.I. - ., . . . .,)~ lib;) 1 ,-. Mr. Kenneth Slyzuk 15211 Nightingale Street N.W. Andover, Minnesota 55304 CITY OF AI'!DOVER RE: LIMITED APPROPRIATION PERMIT #91-6148, AGRICULTURAL DRAINAGE, CITY OF ANDOVER, ANOKA COUNTY Dear Mr. Slyzuk: Enclosed is Limited Permit #91-6148 authorizing appropriation of water from a private ditch for agricultural drainage located in sections 28 & 29, Township 32 North, Range 24 West, Anoka County. Please note that additional condition #9 states that this permit expires on November 1, 1993. At the request of the city, we will evaluate the available data and consider r~newal of the permit at that time. The evaluation will focus on the. remaining concern about the effects of your ditch system on water levels in Round Lake. Minnesota statutes provide for an administrative hearing if you are aggrieved by the action taken on this permit. Be advised that to take advantage of this review process you must file a hearing request and required bond within 30 days. Please contact Area Hydrologist Tom Hovey of this office if you have any questions regarding this permit. Sincerely, !~d:n~ Regional Hydrologist Enclosure JLS12/kka cc: Anoka County SWCD ~i~y~o~AndoverlJ~Schrantz' Data systems/Langoussis Coon Creek WSD T. Hovey, Area Hydro. R. Anderson, st. Paul Waters ::J AN EQUAL OPPORTUNITY EMPLOYER ~A-02628-02 ~ INNESOTA Department of l!;!f Natural Resources Division of "aters WATER APPROPRIATION PERMIT 500 Lafayette Road St. Paul, MN 55155-4032 PERMIT 91-6148 COUNTY ANOKA () IN THE MATTER OF THE APPLICATION FOR APPROPRIATION OF WATERS OF THE STATE. PERMISSION IS HEREBY GRANTED TO: PERMITTEE Aulhorlzed Agent KENNETH L. SLYZUK Address 15211 Nightingale Street N.W., Andover, MN 55304 To Appropriate From: Private ditch system with discharge to Anoka County Ditch #57 (Coon Creek) Point of Taking: NW~ NW~ SW~ Section 28, Township 32 North, Range 24 West, Anoka County. I Purpose: Agricultural drainage on a seasonal basis from April 1 to October 31 of each year. Property Descnoed as: Area Drained: SW~, Sec. 28, T32N, R24W, North of Anok3. -Co. .Ditch #57, NW:, Sec. 28, T32N, R24W, North of Anoka Co. Ditch 1157, E~ SE:, Sec. 29, T32N, R24W, North of South Coon Creek Drive, E~ NE:, Sec. 29, T32N, R24W. I Authorized Signature S' 11-t-:/! ~,~ Tille Date John Line Regional Hydrologist 11-0'1 t~ne, . rr-rv- l .. . _... - ThiS permit is granted sUbject to the following CONDITIONS: 1. QUANTITY: The permittee is authorized to appropri2:i4'ater at a rate not to exceed apprtJpriated shall not exceed acre feet or 2500 gallons per minute. The total amount ot water U) . million gallons per year. 2. LIMITATIONS: (a.) Any violation 01 the terms and provisions of this permit and any appropriation of the waters 01 the state in excess of that authorized hereon shall constitute a violation of Minnesota Statutes. Chapte, 105. (b.) This permit shall not be construed as establishing any priority of approp,iation of waters of the state. (c.) This pe,mit is permissive oniy. No liability shall be imposed upon or incurred by the State of Minnesota 0' any of its employees. on account of the granting hereof or on account of any damage to any person or property resulting from any act or omiSSion of the permittee relating to any maner he,eunde,. This pe,mit shall not be construed as estopping or limiting any legal ciaims or right of action of any pe,son othe, than the state against the permittee. for any damage or injury resulting from any such act or omission. or as stopping 0' limiting any legal claim or right of action of the state against the permittee. fa, violation of 0' failure to comply with the proviSions of the permit 0' applicabie provisions of law. (d.) In all cases where the doing by the permittee of anything authorized by this pe,mit shall involve the taking. using. 0' damaging of any property, rights or interests of any other person or persons. or of any publicly owned lands or improvements thereon or interests therein. the permittee. before proceeding therewith. shall obtain the written consent at all persons. agencies. or authorities concerned. and shall acquire all propeny, rights and inte,ests necessary therefore. ~ {e.} ThiS permit shall not relense the permittee tram any othe'. permit requirements or lIabillfy or ob!lgatlon Imposed by MHmesota Statures. I 9deral Law. or local ordinances relating thereto and shall remain In torce sublect to au conditions nnd limitations now or hereafter Imoosed '___Jy law. (f.) Unless expliCItly specified. this permit does not authorize any alterations of the beds or banks at any publiC (protectedl waters or - wellands. A separate permit must be obtained from the Department of Natural Re~ources-prior to any such alteratIon. lOVER) 3. PERMITTEE'S RESPONSIBILITIES: (a.) MONITORING. The permittee shall equip each installation to, appropriating or using wate, with a device 0' employ a method to measu,e the quan- tity of water app,opriated to within ten (10) pe,cent of actual amount withdrawn unless otherwise specified by special provision. (b.) REPORTS. Monthly records of the amount of water app,opriated or used shall be reco,ded fa, each installation. Such readings and the total amount ot water appropriated 0' used shall be reported annually to the DI,ector of the Division of Wate's. on 0' betore February 15 of the follOWing year. upon to,ms supplied by the Division. Any processing fee requi,ed by law 0' rule shall be submitted with the ,eco,ds whethe, or not any wate, was app,opriated during the yea,. Failure to report shall be sufficient cause to, terminating the permit 30 days following written notice. (c.) TRANSFER OR ASSIGNMENT. Any transte, or assignment of rights, 0' sale of p,operty involved he,eunder shall be reported within 90 days the,eafter to the Di,ec- tor of the Division of Waters. Such notice shall be made by the transfe,ee (I.e. new owner) and shall state the intention to continue the ap- ptopriation as stated in the permit This pe,mit shall not be transfetred or assigned except with the written consent of the Commissione,. (d.) MODIFICATION. The permittee must notify the Commissioner in writing of any proposed changes to the existing permit This pe,mit shall not be modified without Ii,st obtaining the written permission tram the Commissione,. 4. COMMISSIONER'S AUTHORITY: (a.) The Commissione, may inspect any installation utilized for the app,opriation or use of water. The permittee shall g,ant access to the site at all reasonable times and shall supply such Information concefhing such installation as the Commissione, may require. (b.) The Commissioner may, as he deems necessa,y, require the pe,mittee to install gages andlor obse,vation wells to monitor the im- pact of the permittee's appropriation on the water resource and requite the permittee to pay necessary costs of installation and main- tenance. (c.) The Commissioner may rest,ict. suspend. amend, or cancel this pe,mit in accordance with applicable laws and rules for any cause fo, the protection of publ ic interests. or for violation uf the prOVisions of this permit 5. PUBLIC RECORD: All data. facts, plans. maps. applications. annual wate, use repo,ts, and any additional info,mation submitted as part of this permit. and this permit itsell are part of the public record and are available for public inspection at the offices of the Division of Waters. The info,mation contained therern may be used by the Division as it deems necessary. The submission of false data, statements. reports, or any such ad- ditional information, at any time shall be deemed as just g,ounds for revocation of this permit. ADDITIONAL CONDITIONS 6. Flow Meter. Minnesota Statutes water ~e equipped with flow meters, approved by the DNR-Division of Waters. require all installations for appropriating unless another method of measurement is 7. The permittee shall implement adequate soil and water order to protect water quality and prevent erosion and conservation measures in sedimentation. 8. Discharge to Anoka County Ditch #57 (Coon Creek) the direction of flow. and natural rock riprap outfall over an 8' x 8' area and at least 15" 8-inches or larger in diameter. This permit shall expire on November 1, 1993. Based information, renewal of the permit will be considered shall 'be directed parallel to shall be maintained at the in thickness, with 50% being 9. on review of all relevant at that time. cc: Anoka County SWCD City of Andover/J. Schrantz Data Systems/Langoussis Coon Creek WSD T. Hovey, Area Hydro. R. Anderson, St. Paul Waters ( " \ '" ::) .' " '-J i I - I AGENDA COON CREEK WATERSHED DISTRICT BOARD OF MANAGERS April 22, 1991 7:30 PM 1. Call To Order 2. Approval of Agenda 3. Open Mike POLICY ITEMS 4. Approval of Minutes PERMIT ITEMS 5. Metro Airports Commission (PAN 91-11) 6. Creek View Crossing (PAN 91-12) DISCUSSION ITEMS \ ---:--:-'1"-" I....' ", -; f'" :1' '" p." I"f') H ':; ,,~ :i ~J ~ ri", ~~.t ~.:.. ';::~ L,'~ ' ",:,.,.,~ ~'.~----"---'U-l" fl, ,q\'\ j U ...1 ". .:1 '1" . ''''.; 2 2 luQl I'i M ;.:1 ~ F'.l-~r\ _..JoJ ~ ~ -,,-- CITY OF r'\I'!DOVER IC c..C >/;/9/ 7. Cons. Request to State Auditor to perform 1990 Audit INFORMATIONAL ITEMS 8. Legislative Update NEW BUSINESS ADJOURN . ~ COON CREEK WATERSHED DISTRICT BOARD OF MANAGERS' MEETING April 8, 1991 The Board of M3nagers of the Coon Creek Watershed District held their regular meeting on April 8, 1991 at the Bunker Hills Activities Center. Present: Richmond, Staff: Bob Boyum, Reggie Hemmes, Eldon Hentges, LuEllen Paul Williams. 1. The meeting was called to order at 7:30 PM Tim Kelly, Ed Mathiesen, Harold Sheff 2. Approval of the Agenda: Moved by Williams, seconded by Richmond. Motion carried with four yeas (Hemmes, Hentges, Richmond, and Williams) and no nays. 3. Open Mike: No one was present Policy Items d. .A,pprc'/al of March 25, 1991 Minutes: Moved by Richmond, secc~ded by Williams. Hotion carried with four yeas (Hemmes, Hentges, Richmond, and williams) and no nays. 7 Receive Honthly Financial Reports: Boyum moved to receive the financial reports. Seconded by Richmond. Hotion carried with five yeas (Boyum, Hammes, Hentges, Richmond, and williams) and no nays. 6 Approve 8ills: Kelly noted two changes in the bills as distributed. williams moved approval of the Bills as revised. Seconded by Hentges. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and williams) and no nays. The bills to be paid are as follows: Check 3300 3301 3302 3303 3304 3305 3305 3307 3308 3309 3310 3311 3312 3313 3314 3315 3316 Permit Items TO Amount 4,075.15 5,957.00 1,650.00 1,229.40 800.00 561.62 546.80 480.68 316.54 300.00 234.00 135.75 125.00 97.08 78.92 61.72 25.00 Anoka County Business Agency Inc. MAWD JMM B. 80yum Blaine Office Partners R. Hammes P. Wi 1 1 i ams L. Richmond E. Hentges Su~anne Weedman COP Postmaster Anoka Co Shopper Tim Kelly US West City & State o 7. Johnson Residential Development (PAN 91-09): Mathiesen presented the permit application recommending approval with the payment of an erosion control escrow of $650.00. Moved by williams, seconded by Hentges. Motion carried with five yeas (Boyum, Hemmes,_Hentges, Richmond, and Williams) and no nays. # P3-g9 2. Coon Creek Watershed District - April 8, 1991 ') ~ 8. Metro Mesquito Centrol District Water Main Extension (P^N 91-10): Mathiesen presented the permit application and recommended approval with installation of silt fence on the most easterly end of the project site and one in the middle. The contractor will also be required to obtain a dewatering permit prior to commencement of construction. Moved by Boyum, seconded by Richmond. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. Discussion Items 9, Request for Development of a policy on ensuring permit perfermance. Kelly introduced the subject of financial sureties for permit performance. Kelly recommended that the Board develop a policy on the financial requirements relating to permit requirements and the method or methods by which financial cbligaticr.s are collected and returned. The Board discussed the issues relating to experience and costs of different surety methods. Boyum moved the recommendation. Seconded by Hentges. Motion carried with five yeas (Boyum, Hammes, Hentges, Richmond, and williams) and no nays. 10. Approval of Second Quarter Objectives: Kelly reviewed the objectives fer the second quarter and noted the following priorities: Le3islation SF 305 ~ HF 468, advisory committee meetings, Project 91-02: Replace water control Structure, Ham Lake. Boyum moved approval of the second quarter objectives. Seconded by Richmond. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and williams) and no nays. Informational Items 11. March Staff Report: Kelly presented the March staff report Boyum moved acceptance of the staff report. Seconded by Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. The meeting adjourned at 8:50 PM on a motion by Hentges, seconded by williams. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. Reginald A. Hemmes, President r '\ \ '_/. () TKDA TOLTZ. KING, DUVALL, ANDERSON AND ASSOCIATES, INCOnpORATEO ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101-1893 6121292-4400 FAX 6121292-0083 April n, 1991 Honorable Mayor and City Council ~dover, ~esota Re: Andover, Minnesota Commission No. 9140-001 Dear Mayor and Council: The following is confmnation of engineering matters discussed at the regular Council Meeting of April 16, 1991: 1. 91-6 Hartfiel's Estates - Utility and Street Improvements, Commission No. 9943 The Council passed a resolution declaring adequacy of the petition and authorized TKDA to prepare a feasibility report. 2. 90-25 _ Metro-Mosquito Control Anoka County Watermain, Commission No. 9861 The Council passed a resolution accepting the bid of Hank Weidema Excavating in the amount of $20,029.66. 3. 91-4 - Hills of Bunker Lake 4th Addition - Utility'and Street Construction- Commission No. 9938 The Council, by resolution, received the report, waived public hearings and authorized TKDA to prepare final plans and specifications for the improvements. The Engineers were excused at approximately 10:00 PM. Sincerely yours, JLD:j , " '-_/ <) 1o-C:- _ i.,/ ~I I,q/ I !' It ;, "'.' fl"" ;i. 1"'" 'J. .,iD >,~ ~~l,.~ ;~..~'~' ~:'''~~'''~llJ1 ~ "I 4 ' I .:J ,.,;)~ 221991 LV I I ,-... BlJRE-\U OF MEDlA TIO~ SERVla5 State of Nlinnesota CITY OF t'\I'!DOVER "/0; fo~ April 18, 1991 IN THE MATTER OF: Teamsters, Local 320 -and- city of Andover BMS CASE NO: 91-PN-aaO RE: Maintenance and Trades RECEIPT OF MEDIATION PETITION AND MEETING NOTICE A petition for mediation in the above-named matter has been received by the Bureau of Mediation Services. In accordance with the laws of Minnesota, you are hereby notified of the following mediation meet- ing to be held for purposes of resolving this matter. DATE: Thursday, May 16, 1991 TIME: 10 am LOCATION: Andover city Hall 1685 crosstown Blvd NW Andover, MN Both parties to this matter have a legal obligation to be present at this meeting and to make good faith efforts to resolve the dispute. AcCordingly, each party must vest its representatives to mediation meetings with the authority to negotiate in good faith, the ability to identify unresolved issues, and to set forth the positions of that party with respect to each issue in dispute. /fJ1~vUj S. fJ, MURRAY S. PERRY Mediation unit Director cc: Joseph L. Morris James E. Schrantz Cyrus smythe Scott Protivinsky ;~J (6121 b-\9-3-\:1 FAX: 161:) 6-\3-3013 1380 En~r~y LJne. Suite #~. St. r.1uL \l~ 331OS.323~ ~n Ey,uJI Opportunit~. Empk)~'L'r rrinted By A SIJle FJcilil" ~,~--~ <~=:I ;.) -rc~ ~'WU'ty'- i;",(c. F'~t:" lr):pF ~oS CC, flj''?' 'f/U. 1/./, , I/-Q 1/z.r:.. BURLINGTON NORTHERN RAILROAD LAKES DIVISION 4105 North Lexington Ave. Arden Hills. Minnesota 55126 April 24, 1991 :~..'" l' E F,' -ir.:' ~-~-.~... U' ~ ~ if' f1~J r. : HI [,PR ;6-1"9";;1' E , ,- CITY OF ANDOVER I Mr. James E. Schrantz City Administrator City of Andover 1685 Crosstown Boulevard N. W. Andover, MN 55304 Dear Mr. Schrantz: On April 16, 1991 you wrote us regarding complaints that trains are blocking crossings in Andover for more than 10 minutes. We have reissued instructions to all train crews to not block crossings longer than necessary and if over 10 minutes to separate train at crossing. These instructions should correct any intentional abuse on the part of train crews blocking crossings. For our follow up we would appreciate information of any failure of trains in complying with these instructions. Specific information we will need is the name of the road crossing blocked, time and date. In addition to the Burlington Northern trains the line through Andover is also used by the Soo Line and CNW Railroads. Instructions we issued and follow up will also apply to these railroads. Information on any exceptions to our instructions should be directed to Dennis S. Hilleren, Trainmaster, Superior, Wisconsin - telephone 715-394-1255 or myself at Arden Hills, Minnesota - telephone 612-490-6114. In the event of a City emergency; that is, police, fire, ambulance, etc., and a crossing is blocked, we have a hot line in the Minneapolis Train Dispatchers office that is manned 24 hours seven days a week. Our train dispatcher on receipt of a call would contact the train immediately by radio and have them clear the crossing. This number is 612-782-3300 and should not be given to the general public, only police chiefs, fire chiefs, etc. If I can be of any further assistance, please contact me. Sincerely, ~~' \ ~ C.F.Ty Supt. Operations cc: D. S. Hilleren D. R. Casey CFT/ccs '- 7()-; ttF- 1/;'''/11 "0 'Huffl CC ~.~. ""~. rr-'i'f i~"ll; i,"'-:;:--- ......7...., .' ~... ~ I'" ....' ., .... ~ .u.... ~... ;,:;1,t. ~ "7 ,r :-~ f,ii WI .~ .~;; JI ~..d.........~. .... ~,~ rl/(i./--"-'-"'--".::"-"li : ,.,: . ' i ;. ~ ;,\PR 2'5 19Q1 :.'; . ~. J: , -- 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221.0986) League of Minnesota Cities .:) VER April 19, 1991 To: cities and agents - L~CIT workers compensation program From: LMCIT Board of Trustees Re: Accident coverage for city volunteers The LMCIT Board of Trustees is pleased to announce a new program to provide accident protection to city volunteers. This program provides a schedule of benefits to compensate city volunteers who are injured while performing volunteer services for the city. This optional coverage is available to member cities of the L~CIT workers compensation program. Whom will the new program cover? with only a few exceptions, all city volunteers working under the city'S direction and control will be automatically covered on a blanket basis if the city chooses to add this coverage. This could include, for example, coaches and instructors in recreation programs, volunteers working on a city-sponsored festival or celebration, "clean-up day" volunteers, etc. The city will not need to list the individuals who are to be covered, either by name or by project; nor will the city need to keep track of the time the various volunteers put in. There are four classes of volunteers who would not be automatically covered: 1. Volunteers who are covered by workers compensation. certain volunteers are defined to be "employees" for purposes of workers compensation, and are therefor eligible for workers compensation benefits if they are injured. These include volunteer firefighters, ambulance attendants, first responders, law enforcement assistance volunteers, and civil defense volunteers. Since these volunteers are already protected by workers compensation, they are not covered under this plan. 2. city council, board, committee, and commission members. other coverage options are already available for these people. The workers compensation law gives cities the option to extend workers compensation coverage to elected and appointed officials. LMCIT has also for several years offered an accident policy underwritten by CIGNA for members of city councils, boards, and committees. 3. Members of private organizations which provide services or participate in city-sponsored activities as a group. 4. Volunteers working on construction or demolition projects. These volunteers will not be covered automatically. However, for an additional charge, the city can add coverage for volunteers on a specific construction or demolition project. r' ~. What benefits would an injured volunteer receive? The plan will provide three basic benefits: 1. Disability benefit. A volunteer who is unable to engage in the activites of his/her normal occupation because of an injury suffered while performing volunteer services for the city will receive a disability benefit of $400/week for up to 26 weeks. 2. Death benefit. If a volunteer dies as a result of an injury suffered while performing volunteer services for the city, a death benefit of $100,000 will be paid to the volunteer's survivors or estate. 3. Impairment benefit. If a volunteer suffers a permanent impairment or disability as a result of an injury suffered while performing volunteer services for the city, the volunteer will receive a lump sum payment as compensation for that impairment. Payments are based on the percentage of disability, ranging from $750 for a 1% disability to $100,000 for 100% disability. The percentage of disability is determined in the same manner used for impairment compensation in the workers compensation system. For an additional charge the city can add coverage for up to $1000 of medical costs. This limited medical coverage is intended to pick up relatively minor first aid costs. On more serious injuries, it could also be applied to costs which the individual would otherwise have to bear under his/her own health coverage's deductible or co-pay provisions. What does it Coost? The cost is based on the city's population. The basic annual charge is $.10 per capita, subject to a minimum premium of $150 and a maximum premium of $1500. The additional cost to add the optional medical coverage is 45% of the basic premium. Coverage for volunteers working on a construction or demolition project can be added for a charge of $300 per project, or $435 per project if the optional medical coverage is included. ~ J The expiration date of this coverage will be coordinated with the city's LMCIT workers compensation coverage. For cit~es that add this coverage mid-term, the initial premium will be pro-rated. Why would the city want this coverage? Aren't injuries to volunteers already covered under the city's liability coverage? An injury to a volunteer would be covered by the LMCIT liability coverage only if the city was legally liable for that injury; that is, if the injury was caused by some negligence by the city or a city officer or employee or another city volunteer. However, just as with any other tort claim, the city would not be liable for an injury to a volunteer if the volunteer him/herself were more at fault than the city, or if the injury were simply an accident that really wasn't anyone's fault. A volunteer coach being hit in the head by a batted baseball might be an example of the latter situation. The volunteer accident coverage protects the volunteer on a "no-fault" basis. The benefits are automatically payable if the injury occurs while the volunteer is performing services for the city, regardless of whose fault it was. Besides protecting the volunteer whose injury isn't caused by the city's negligence, having these no-fault benefits available could also help avoid litigation in cases where the city (or a city officer, employee, or other volunteer) is or may be at fault. The injured volunteer can receive these benefits without getting into an adversary situation against the city. Of course, if the volunteer's injuries exceeded the benefits paid under this coverage, he/she would still be able to make a tort claim against the city for those excess damages, if the injury was caused by the city's negligence. Why did LMCIT create a whole new program? Why not just offer a "voluntary workers compensation endorsement" and provide workers compensation benefits to volunteers? The LMCIT Board chose this approach for several reasons. First, this approach is substantially less expensive to the city than providing workers compensation benefits would be. The basic premiums are roughly a fifth of the cost of workers compensation benefits, reflecting the more limited scope of benefits provided. Second, administration is simpler for the city, since the city doesn't have to keep records of how many hours were worked by how many volunteers, etc. o Third, it eliminates the problem of determining what the appropriate indemnity rate is for an unpaid volunteer. (This is particularly problematic with volunteers who don't have other paying employment.) Fourth, providing voluntary workers compensation coverage would create a potentially unlimited risk for LMCIT, since the reinsurance LMCIT purchases from the state workers compensation reinsurance association wouldn't apply to this exposure. The LMCIT Board was very concerned about the danger of assuming an open-ended risk that conceivably could jeopardize the financial stability of the entire pool in a catastrophic situation. How do we enroll? To enroll, complete the attached form and return it to Berkley Administrators. (Don't worry, this isn't someone new. EBA has just changed its name. It's still the same company that has administered LMCIT's workers compensation program since 1980.) They will bill the city for the premium. Further information Call Pete Tritz or Pat Deshler at the League office if you have any questions or need any additional information. 1- '\ / I ~) <J LEAGUE OF MINNESOTA CITIES INSURANCE TRUST ACCIDENT PLAN FOR CITY VOLUNTEERS Application for Coverage hereby requests coverage under the Insurance Trust's Accident Plan for and agrees to pay the coverage. The City of League of Minnesota Cities city Volunteers effective premium established by LMCIT for that Optional coverages to be included: $1000 medical coverage Construction or demolition project Yes No Yes No Please describe each construction covered, including the nature and dates, and the approximate number involved. or demolition project to be scope of the project, the of volunteers who will be signature position Date Return this form to: Berkeley Administrators P.O. Box 59143 Minneapolis, Mn. 55459-0143 ') ~ ,:] LOWER RUM RIVER WATERSHED HANAGEMENT ;.;u..TION. ..--- -, -.' E fl' f~ 'I It :l .... n ,..I.t'. 't\ U.,~ tF ~, ~# ~~ ~, V ~-.~.' '~.,... - 'il~~ .... ~ ~,- ;\fl'-\::~2'~~:-1:1IU, ,I I. J i ..11, ....J"';,' , , ,- ANDOVER - ANOKA - COON RAPIDS - 2015 1ST AVE., ANOKA MN 55303 CITY OF MlDOVER HEETING NOTICE Wednesday, May 15, 1991 - 8:30 a.m. - Committee Room, Anoka City Hall AGENDA A. Call to Order B. Roll Call C. Hinutes of Previous Heetings (April 11 and 17, 1991) D. Treasurer's Report 1. Review of Annual Audit Report (To be mailed under separate cover) E. Payment of Bills F. Report of Officers G. Consideration of Communications H. Old Business 1. Joint Powers Insurance 2. Designated Class A and B water resources within the ~.,atershed I. New Business 1. MPCA Seechi Disc monitoring/$35 per lake J. Pending Projects K. Adjournment ATTENDANCE: WHO Hembe rs APRIL 17, 1991 ".----..-. I " r,~"~, w' ,i>'I.',,'" I " ,~ ';:." t;.... '"" ,,"-~ dj} ~ 2~/- ir.. ..i ~.~ j ~ ORGANIjz'~~ '"ON'--'-"-"l ~ fi :1 rf :'Ii" ,/ "1"C'. ':,j iJ '" iI! ,.,d, ,~,:,:L;l J~--=j ,- ,r-) '-/ LOWER RUM RIVER WATERSHED ~IAGEMENT "'""-. CITY OF ,'\i':DOVER CALL TO ORDER Chairman Jim Schrantz called the meeting to order at 8:35 a.m. in the Committee Room of Anoka City Hall. ROLL CALL Members present were Jim Schrantz, Scott Erickson, and Steve Jankowski. John Weaver arrived at 8:40 a.m. Also present: Anoka alternate Ray Schultz: Consulting Engineer Dean Skallman: and Pat Rudolph and Susan Weedman, Anoka County Board of Soil and Water Conservation District. CONSIDERATION OF THE MINUTES Motion was made by Erickson, seconded by Schultz, to APPROVE THE ~~RCH 20, 1991, MEETING MINUTES AS PRINTED. 4 ayes - 0 nayes. Motion carried. Schrantz noted the receipt member-city meeting minutes. approval at the 11ay meeting. of the April 11, 1991, joint The board will consider their TREASURER'S REPORT Erickson presented the Treasurer's Report for the ending March 31, 1991, which indicated a money market ing account balance of $10.00: an interest bearing account balance of $3,911.19: and a certificate of account balance of $6,000.00. The total balance January 31, 1991, was $9,921.19. period check- savings deposit as of Motion was made by Erickson, seconded by Jankowski, to AP PROVE THE MlI.RCH 31, 1991, TREASURER I S REPORT AS PRESENl'ED. 4 ayes - 0 nayes. Motion carried. Erickson reported the auditors should be in the week of April 22-26, 1991, to look over the records. PAYMENT OF BILLS () Erickson presented two bills from Barr Engineering: For professional services provided during the period December 30, 1990, '"through February 2, 1991, in the amount of $1,444.15. LRRWMO Meeting Minutes April 17, 1991 Page 2 A breakdown of charges was provided. (Weaver arrived at 8:40 p.m.) Erickson also presented a bill from amount of $743.30, for professional the period February 3 through March these charges was also provided. Barr Engineering in the services provided during 2, 1991. A breakdown of Skallman indicated this is the final billing for revising the Water Management Plan, which was approved January 23, 1991. He explained the original contract specified the writing of the first draft of the plan would be done at a cost of $15,000. The extra costs involved in getting the plan revised and through the approval process has not been tallied. As for other charges found on the bill, Skallman confirmed it costs the LRRWMO approximately $300 per meeting to have him present. This $300 does not include permit review and meeting preparation. Members also received a expenditures for the bill $1,444.15 bill. breakdown recei ved of Barr Engineering just prior to the Motion was made by Erickson, seconded by Weaver, to AUTHORIZE PAYMENT OF THE $1,444.15 AIID $743.30 BARR ENGINEERING BILLS. 4 ayes - 0 nayes. Motion carried. Erickson presented two bills from the secretarial and administrative services, copies, etc, for the months of December January 1991, $139.49. City of Anoka for postage, supplies, 1990, $149.90, and Hotion was made by Erickson, seconded by Jankowski, to AUTHORIZE PAYMENT OF THESE CITY OF ANOKA BILLS. 4 ayes - 0 nayes. Motion carried. REPORT OF OFFICERS Discussion of the April 11, 1991, Joint Member-City Meeting The board briefly discussed the April 11, 1991, Joint Member- City meeting held at the Greenhaven Country Club, Anoka, to discuss the approved Water Management Plan. Jankowski indicated he felt those present were more worried about the LRRWMO being another level of government and the people serving on the board after this group than they were about implementation of the plan. It was noted at the meeting r \ LRRWMO Meeting Minutes April 17, 1991 Page 3 ~) Schrantz confirmed that indeed this board is another level of government. Weaver noted the elected officials and city staffs are frustrated with present costs and the cities' limited level of control. However, he believed it is finally becoming accepted that the activities of the LRRWMO is a long overdue service to the environment. Schrantz stated legislation will require monetary output from our member cities. The 509 Committee is presently looking at the costs to people for having to implement these requirements. Members concurred although the attendance was somewhat low, it was an informative and beneficial meeting. CONSIDERATION OF COMMUNICATIONS Schrantz presented an April 3, 1991, letter from Coon Rapids City Engineer William Ottensmann indicating the Coon Rapids City Council would be unable to attend the April 11, joint member-city meeting. However, they designated Scott Erickson to attend in its stead. !1embers discussed the April 8, 1991, letter from attorney Curtis Pearson addressing the issue of purchasing liability insurance for this LRRWMO Joint Powers Agreement group. Schrantz stated Mr. Pearson's letter recommends this body submit its Joint Powers Agreement for the League of Minnesita Cities Insurance Trust (LMCIT) evaluation in terms of how much it would cost the LRRWMO to get insurance through the League. Weaver feared this requirement will have major implications for the cities if each Joint Powers Agreement has to be insured. Pat Rudolph, Anoka County Soil and Water Conservation District, indicated in some areas of the State where Joint Powers Agreements have existed for a period of time, they were covered under a blanket coverage. She suggested this WMO consider joining with others to get a group policy. The various WMO's may then be assessed either geographically or according to the amount of money you deal with annually. Weaver indicated he would prefer, in this watershed, to be insurred on the basis of our risk, rather than picking up risk through other WMO's throughout the State. In explana- tion of this board's current coverage, Weaver indicated the League insurance coverage that covers our member cities does not cover the joint powers responsibilities. () LRRWMO Meeting Minutes April 17, 1991 Page 4 Jankowski questioned if the Joint Powers Agreement authorized the cities to withdraw if necessary. Schrantz replied in the negative. Rudolph added she too felt not because the State would then get you for disbanding. Weaver suggested members review Pearson's April 8, 1991, letter and attached information and respond to it at a later date. Schrantz reported he received a letter from Peter Tritz, the Executive Director of LMCIT, addressing the issue. Schrantz indicated he would mail copies of the letter to each of the members. Erickson noted the receipt of a March 14, 1991, memorandum from Karen Schultz, Secretary to the Minnesota Board of Water and Soil Resources, requesting the completion of a WMO membership listing form to allow her office to update the board's directory. The Recording Secretary was directed to complete the form and send it in. Skallman presented three permits: 1. #76-6188, City of Anoka, a request to be allowed to irrigate thirty acres of city park grounds (John Ward Park) on a seasonal basis from May 1 to September 30 of each year. 2. #85-6373, Anoka County, Rum River Bridge Crossing, a request to extend the expiration date of this permit to November 30, 1991. 3. #89-6266, City of Ramsey, swale excavation of unnamed wetland 2-116W, a request to extend the expiration date of this permit to November 30, 1991. No formal action taken. Skallman reported the Recording Secretary passed on informa- tion to him she received at the LRRWMO place of business, Anoka City Hall, with regard to an application from Waste Management of Minnesota, Incorporated, for a permit to discharge, install and operate a wastewater disposal system. Attached information from the Minnesota Pollution Control Agency indicates the permit, #MN 0060259, was approved for Waste Management of Minnesota, Incorporated, and will expire at midnight January 31, 1996. Skallman indicated he called Tom Hovey, Area Hydrologist, Minnesota Department of Natural Resources, asking why he did not receive this permit application for LRRWMO review. Unfortunately, Mr. Hovey was not able to be contacted directly. " LRRWMO Meeting Minutes April 17, 1991 Page 5 :~ Schrantz indicated a letter should be sent to the Department of Natural Resources (DNR) requesting it recognize the LRRWMO as a reviewing agency for this, and other applications which fall within our jurisdiction. Also, Schrantz recalled that the DNR/Mr. Hovey has not acted on or responded to LRRWMO requests with regard to the Coon Rapids shopping center project, permit application #90-6112. LRRWMO action was taken at its October 17, 1990, regular meeting, at which Mr. Hovey was in attendance. No only that, but a follow up letter, dated November 1, 1990, was directed to Jim Birkholz, Executive Director of the Minnesota Board of Water and Soil Resources, with a copy of the letter sent to Mr. Hovey. Still no response. The board directed a letter be sent to Mr. Hovey, with copies sent to the City Managers/Administrators of each member city, requesting: 1) the DNR recognize the LRRWMO as a reviewing agency: 2) the Waste Management of Minnesota, Incorporated permit application and relevant information be sent to our consulting engineering, as is the usual procedure, for review and comment by the LRRWMO: and 3) the DNR is requested to respond to the LRRWMO concerns relating to the Coon Rapids shopping center permit #90-6112. The board further directed a letter be sent to Bill Ottensman, Coon Rapids City Engineer, requesting the City of Coon Rapids provide the LRRWMO with information on ponding involved with the Coon Rapids shopping center. Ska11man addressed the ~'laste Management application informa- tion available to him. He indicated it seems to be a pump- out system. However, not enough information is available to allow him a proper review and recommendation to this board. He felt it is probably alright in that it has gone through the Minnesota Pollution Control Agency (MPCA), but the LRRWMO should still have been allowed full review and comment. Jankowski provided an overview of the project. He indicated the treated groundwater will be discharged through a closed conduit system and eventually out to the Mississippi River. At some time in the future some of the treated water will be put into Sunfish Lake in order to maintain the lake's water level. However, initially, everything will be sent to the Mississippi River, depending on what happend to Sunfish Lake. Erickson stated he would think there would be before and after monitoring. Skallman confirmed that is usually the established procedure. In answer to Erickson's query on whether they plan to monitor the lake itself, Jankowski \~) LRRWMO Meeting Minutes April 17, 1991 Page 6 indicated they are just concerned about what is being put back into the lake. Jankowski indicated the MPCA wants this up and running by August 1991, so there is some urgency to get this permit through. The projected clean-up will take approximately ten years. The cutoff wells beyond that will take perhaps twenty to thirty years. Erickson fel t this board should receive a, report on the project on a regular basis. Jankowski concurred it would be appropriate. Jankowski and Skallman concurred the discharged water into the Mississippi River will probably be treated and acceptable to below drinking water standards. Weaver noted the discharge will be at a rate per minute. He concurred with Erickson should request a report on the project on an of 1,100 gallons tha t this board on-going basis. Ms. Rudolph's comments on this issue were that the LRRWMO might consider requesting water testing be done on Sunfish Lake and/or on the Mississippi River on a regular basis to ensure a non-toxic effect of that water. She felt this testing is vitally important. This board should then receive comments on a regular basis, and not just annually. Jankowski indicated the cities usually get the sampling reports. Erickson felt our consulting engineer should get a copy of the reports. He further indicated this entire application should go through the LRRWMO permitting process. Jankowski queried the extent to which the LRRWMO should be involved with this project, noting the MPCA is already involved and has the responsibility to make sure these types of procedures are done properly. He felt the WMO's were formed to take care of things that fell through the system's cracks, the developments. Jankowski stated his philosophy is once this board takes responsibility, you have the respon- sibility to follow up and make sure things are done properly. Should this board start asking for reports and we do nothing, we are liable if anything goes wrong. Jankowski preferred to acknOWledge the project is underway with MPCA assuming the responsibility for monitoring the project. The other three board members disagreed with Jankowski's position. They indicated not only has this board been made statutorily responsible for project reviews to ensure the quality of the water entering our rivers and lakes, but the area neighbors are holding this board responsible to protect their environment. Schrantz, Weaver, and Erickson concurred '\ LRRWMO Meeting Minutes Apr il 17, 1991 Page 7 :~ Waste Management should be required to proceed with our permitting process as established. Weaver indicated the temporary bridge over the Mississippi River will require a similar review. He felt this board would be derelict in its responsibilities if we did not require both projects to follow our existing permitting process. He felt it imperative that this board knows how they plan to treat the material that will be dropping into the river fram the bridge, and the Minnesota Department of Transportation (~mDOT) should also follow the permitting process. Jankowski stated the MPCA will put conditions on the protec- tion of the river during construction. He queried whether the LRRWMO should also review that same process. Weaver, Schrantz, and Erickson all indicated yes, we should have that review, pointing out that is why we are here. Schrantz added we do not want to take over the process, but we need to know what is going on. He stated we have the ability to accept the process established by the MPCA, but we have to review what they are doing. Hs. Rudolph advised this board has the ability to require studies be done at the cost of Waste Management. Motion was made by I'Ieaver, seconded by Erickson, to NOTIFY THE CITY OF RAMSEY, THE MINNESOTA POLLUTION OO~ITROL AGENCY, THE MINNESOTA DEPlI.RTHENT OF NATURAL RESOURCES, AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION (~lN DOT FOR MISSISSIPPI RIVER BRIDGE MATTERS O~~Y) THAT IN THE PROJECTS INVOLVING THE I'IASTE MANAGEMENT AERATION PROJECT AND THE MISSISSIPPI RIVER BRIDGE, THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION (LRRWMO) WILL REQUIRE AN LRRWMO PERMIT FOR THOSE T.10 PROJECTS. Jankowski queried what level of review the LRRWMO will wish to exert over this Waste Management Project. What do we expect them to submit? The City of Ramsey is allowing th~~ to discharge into the thirty-six-inch city storm sewer going down to the river. Waste Management is constructing a pipe to the city's storm sewer. Erickson felt it important, especially during the construc- tion period, to see what type of erosion control is being used. Schrantz indicated point source information should also be provided. When Jankowski stated the LRRWMO would not necessarily have to be as completely involved unless a wetland is affected, r"l '--./ LRRWMO Meeting Minutes April 17, 1991 Page 8 Skallman stated Waste Management will wetlands. Schrantz indicated we will follow the erosion control requirements be going through two have to require they of the watershed. Skallman recommended the LRm~MO should review this Waste Management project. He stated part of the LRRWMO's respon- sibility is to be aware of it. He noted the Water Management Plan indicates this WMO will take an active role in the protection of Class A wetlands. Sunfish Lake is classified Class A. Ms. Rudolph stated she has become aware the LRRWMO seems to have been overlooked when it comes to some of these project reviews. She recommended letters be sent out to the various agencies notifying them the LRRWMO is a legal entity. Schrantz directed the Recording Secretary to prepare and mail these notification letters to the various agencies. Ms. Rudolph indicated provided project review application. the DNR and the information on the MPCA should have Waste Management Weaver directed that a copy of the motion be Waste Management to make them aware this board, of Ramsey, is requiring the permitting process. provided to not the City Jankowski explained his position on the LRRWMO review process takes in a broader scope. Weaver stated the bigger the project the greater the LRRWMO role. The statutes require our input while the other agencies operate at a more technical capacity. Schrantz concurred, adding it is important this board know what is going on. After we review a project, we can then recognize the agencies' technical procedures. Ms. RudOlph noted the importance of WMO review and comment at the beginning of a project so that WMO comments can be incorporated into the project permit, thereby, providing a double insurance pOlicy. Jankowski went on to state the problem is, as he sees it, once the LRRWMO accepts responsibility for doing something, you have to do it right. We must do it right or do nothing at all. He feared the limited LRRWMO resources will be quickly used up. Jankowski stated if our plan says we have the responsibility over these projects we will have to require the permit. However, he indicated he would like to see discussion continue in the future on how we approach the larger projects and what the extent of our technical review will be. Schrantz stated we will defer the technical expertise to the DNR and the PCA. It is not our desire to take over their , .~ LRRWMO Meeting Minutes Apr il 17, 1991 Page 9 responsibilities. Our Through this process we knowledge we have of cities. directive is to review and comment. will provide those agencies with the the local agencies, including the VOTE: 4 ayes - 0 nayes. Motion carried. NEt'l BUSINESS Participation in the 1991 Anoka County Lake Monitoring Program Pat Rudolph, District Administrator for the Anoka County Soil and Water Conservation District, presented the board with the 1990 Lake Level Monitoring report. She noted an error found on page one, second paragraph. The Lower Rum River WMO should be included in the list of those participating in this lake monitoring program. Ms. Rudolph request LRRWMO member consideration to partici- pate in the 1991 lake monitoring program at the same cost as last year, $225 per lake. The LRRWMO paid for the monitoring of Lake Itasca, Sunfish Lake, and Rogers Lake last year for a total of $675. Ms. Rudolph informed the members and consult- ing engineer that trends are starting to appear. When readings are taken ona weekly basis, you get a good look at hydrologic features of the program. Ms. Rudolph added, for an additional $35 per lake, the MPCA will set up a Seechi Disc Station on Rogers and Sunfish Lakes. This $35 cost will pay for training and monitoring of the program by a landowner on the lake. Should they be unable to find a resident to monitor the readings, the cost will be $100 per lake. Ms. Rudolph indicated Lake Itasca is too shallow for the Seechi Disc monitoring program. It was reported the 1991 Lake Monitoring Program will begin between May 1 and May 15 and will run through approximately October 30, 1991, depending on ice and daylight savings time. Ms. Rudolph noted if at any time this board needs a copy of a report on a specific lake, her office can automatically provide it. Also, should the engineering consultant need lake reference information for a particular project, it can be provided almost instantly from her agency's computer. Ms. Rudolph reported only the Upper Rum River WMO in Anoka County is not participating in the program this year. Ms. Rudolph indicated should the board chose to participate in the 1991 Lake Monitoring Program, it need not decide to participate in the Seechi Disc program at this time. Should ,- ') you decide to participate at a later date, hopefully by the \~J LRRWMO Meeting Minutes April 17, 1991 Page 10 June meeting, her office will bill you at the rate of $35 or $100 per lake, depending on their ability to find a lake resident monitor. These Seechi Disc readings will only be taken once a month during June, July, August, and September. Motion was made by Weaver, seconded by Erickson, to APPROVE LRRWMOPARTICIPATION IN THE 1991 LAKE MONITORING PROGRAM FOR ROGERS LAKE, LAKE ITASCA, lUll SUNFISH LAKE AT A COST OF $225 PER LAKE PER SEASON, OR A TOTAL COST OF $675. 4 ayes - 0 nayes. Motion carried. Skal1man recommended LR~lMO participation in the Seechi Disc monitoring program. Ms. Rudolph agreed to send the LRRWMO a copy of all the lakes being monitored. Hotion was made by Jankowski, seconded by Erickson, to APPROVE THE LRRWMO PARTICIPATION IN THE MPCA SEE CHI DISC MONITORING PROGRAM, SUBJECT TO LAKE RESIDENT MONITORING PARTICIPATION AT A COST OF $35.00 PER LAKE. 4 ayes - 0 nayes. Motion carried. Ms. Rudolph encouraged the board should anyone have questions with regard to erosion sediment control, a permitting decision, or on resource advise, her office will be willing to assist in any way possible. OLD BUSINESS Designated Class A and B Water Resources Within the Watershed Ska11man reported the various State agencies he contacted requesting comments on the classifications for LRRWMO water resources within the watershed either did not respond or responded in general terms: "Everything is important, no special comments, etc." However, the Fish and Wi1d1 ife Division of the Department of Natural Resources recommended Ska11man contact the DNR's Natural Heritage Division for relative information on endangered species. He queried the board's wish to get involved in this aspect. Skal1man reported, in general, no agency had a problem with the existing LRffiqMO water resources classifications. Jankowski indicated one Ramsey Councilmernber felt Sunfish Lake should be classified Class B rather than Class A. Ska11man stated he has always considered these preliminary classifications and should perhaps be periodically reviewed. However, the LRRWMO does not manage Class B waters any LRRWMO Meeting Minutes April 17, 1991 Page 11 CJ differently than Class A waters. Skallman recommended they be left as they are for the present, thereby, avoiding having to change the Water Management Plan at this stage. The board concurred Skallman should go ahead and contact the DNR'S Natural Heritage Division for any relevant information with regard to our water resources classification. PENDING PROJECTS Schrantz provided Andover's quarterly project development report for the period January through March 1991, as indicated in a March 20, 1991, letter to Chairman Schrantz from Todd Haas, Assistant City Engineer. He indicated the project is described as Genthon Ponds preliminary plat. No LRRWO permit will be required. Constructed is expected to begin some time this spring. No LRRWMO action taken. Erickson indicated he would send out the Coon Rapids quarterly project report. Jankowski indicated projects to report. May meeting. the City of Ramsey has a couple of More information will be provided by the MISCELLANEOUS Schrantz indicated copies of erosion control standards will be sent to this board in the near future. Upon discussion of updating the LRRWMO Joint Powers Agree- ment, members concurred they should wait until we have gone through the 509 Committee and see what changes will corne about. ADJOURNMENT Motion was made by Jankowski, seconded by Erickson, to ADJOURN THE MEET ING. 4 ayes - 0 nayes. Motion carried. Time of adjournment: 10:33 a.m. Respectfully submitted, () ~.~ Mava Mikkonen Recording Secretary ~) .~ **************************************************************** *~************************************************************.* ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** :; _WHAT'S______HAPPENI :: ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ May 7, 1991 ** ~~ ** ~~ ** ~~ ** ~~ - ** ~~ At the March 19, 1991 city Council meeting the ** :: Council denied the variance request of Jam~s & :: :: Margaret Runker (Andover Wheel & Frame) to :: ~~ retain and not move or remove certain structures ** :: which do not meet ordinance requirements. The :: ~~ Council, in Resolution No. 030-91, gave the ** :: Runkes thirty (30) days to bring the buildings :: :: up to code and relocate them pursuant to City :: ~~ Ordinances. Building Department Staff has ** :: granted the Runkes an additional two (2) weeks :: ~~ due to inclement weather. ** ~~ ** ~~ ** ~~ - Bob Peach has made a request of the City ** :: to consider hiring him to coordinate bond :: :: expenditures. See the attached proposal from :: ~~ Bob. The Council may want to place this item on ** :: the agenda for discussion. :: ~~ ** ~~ ** ~~ ** .~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** .~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** .~ ** ~~ ** ~~ ;) ** ~~ J ** ~~ ** ~~ ** ~~ ..* ~~ ..* ~~ ** ~~ ** ~~ ** ~~ ** ~~ ..* ~~ ~ ~~ ** ~~ ** ~~************************************************************** ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~4 ~ May 1. 1991 TO: Mayor and City Council ~ FROM: Bob Peach. Chairman Fire Department Bond Committtee SUBJECT: Bond Coordinator Proposal Between now and December. 1991. we will be responsible for researching and purchasing hundreds of tools, equipment, furniture. etc.. researching for the best quality and price and coordinating City approval and building and bond requirements. Since the project began in January, 1990. I have volunteered between 15 and 30 hours a week, and more, coordinating these efforts. It appears that the next eight months will require my full-time effort. To date I have done these ~rojects on a voluntary basis: however. I am finding it impossible to volunteer the 4 to 8 hours per day that is now required. I am proposing that the City contract with me to Coordinator for the remainder of the year, 1991. period. I would be responsible to: be the Bond During this 1. Establish a budget for the $2.5 million Fire Department bond issue 2. Present itemized budget for Council approval 3. Prepare specifications for equipment. etc. 4. Interview vendors (fire equipment, phone system, furniture. appliances. personal equipment. etc.) 5. Coordinate change orders 6. Verify compliance of deliveries. storage. payments 7. Verify that equipment meets requirements 8. Interface building, trucks, equipment with the Fire Department and City Staff 9. Periodic updates to Councii, Fire Department Committees, City Staff 10. Manage expenses within parameters established by Finance Director 11. Provide a one-person contact for all questions relating to the bond o In the past 12 months I have spent thousands of hours planning the bond question: establishing a preliminary budget: writing and laying out election literature: organizing the door-to-door campaign for the election: developing the specific bond budget and time line: chairing or co-chairing the Truck. Building, Site Selection and Bond Committees: and coordinating the Small Equipment. Furniture, Large Equipment, SCBA, Compressor, Company ~Assignment and Computer Committees. ~ u To: Mayo~ and City Council May 1, 1991 Page 2 As an example of the huge amount of time it is taking to coo~dinate this p~oJect, on Monday, Ap~il 29, I spent f~om 8 a,m. to 5:30 p.m, involved in a~~anging delive~y of the g~ass ~igs, met with two ~ep~esentatives of phone systems, and discussed and made fu~the~ plans on the p~oJect with the Mayo~, seve~al fi~efighte~s and City Staff. On Tuesday, Ap~il 30, 1991, I spent mo~e than 9 hou~s ~esolving p~oblems ~ega~ding the delive~y of the g~ass ~igs, meeting with phone system ~ep~esentatives, ~eviewing plans with va~ious fi~efighte~s and City Staff, ~eviewing plans and bids fo~ the SCBA equipment and ~eviewing plans fo~ the compute~. Today, much of the day is being spent on p~epa~ing Agenda mate~ial fo~ the Council. It is impe~ative that one pe~son be ~esponsible fo~ the ove~all p~oject. Howeve~, it is becoming mo~e and mo~e appa~ent that the amount of time necessa~y to coo~dinate the p~oJect has gone way beyond the point of volunte~ism, and I am no longe~ able to continue this se~vice on a volunta~y basis. I am willing to continue in the capacity of Bond Coo~dinato~ unde~ cont~act with the City fo~ $2,000 pe~ month. This would be a limited cont~act from May through December, 1991, at which time the p~oJect should be completed and such services would no longe~ be ~equired. Those funds would be a bond fund expense. Based on my expe~ience, I am the only pe~son who has the comp~ehensive knowledge of all aspects of the bond, the Fire Depa~tment, and the City Administ~atlon. Without this coo~dination, a great deal will be lost th~ough hasty pu~chases and incompiete planning. It is in the City's best inte~est to see that the project is done co~rectly and efficiently, and I feel I am wel I qualified to coo~dinate that effort. NIAERTENS - BRENNY CONSTRUCTION COlvIP.ANY May 2, 1991 8251 Main Street N.E. / iUinneapolis, ."IN 5543/2--:-,,_: ' '._ (612) 786-4779 / Fax 786-6973 tJ 01 t: t~ (; d \:'/ ;~~ ..~.~ r General Contractors / Commercial- Industria :r1"-'. -, .--.~:=--,..~.,,:-" ..,4...;1 I I 's r", ' 111. ., .;. : ,:.. ",' d j '~';:\:F :,::: 'vl',),lJ II 1i.JIJ ct~ :J --(D c: C - 5)7/9/ !o 6Uv.) Bonestroo Rosene Anderlik Associates, Inc. 2335 West Highway 36 St. Paul, MN 55113 t:.~Je. f)~ ~E- ;)fff: A / 0' '- ~! ( - >.1 '1! -' Attn: Mr. Jim Lindquist Re: Andover Fire Stations 1 and 2 Maertens-Brenny Project No. 863 Cost change for burnished block Dear Mr. Lindquist: As directed at contract meetings prior to awaLd of the Contract for the above referenced project, and as directed in subsequent correspondence, we have analysed the cost impact of changing painted block to burnished. Also, please note that three diff- erent colors of burnished block were selected as well as two different colors of rockface block. We have only analysed the cost impact with regard to the burnished block. The following is our analysis. BURNISHED BLOCK COSTS - UMBER 12" one face 5700 @ $3.50 $19,950 12" B.B. flow thru 388 @ $3.95 1,533 12" Jamb block face & end 155 @ $4.75 736 8" Face & end 520 @ $4.10 2,132 4" Face 265 @ $2.65 702 8" B.B. Flow thru 60 @ $3.70 222 - SAHARA 12" 1/2 long 335 @ $3,40 $ 1,139 4" One face 50 @ $2,65 132 - PARCm!ENT 12" one face 125 @ $4.05 $ 506 12" one face 2 ends 40 @ $5.95 238 .:) 12" one face 1 end 63 @ $5.00 315 - Bonest~oo ?osene Anderlik Associates, Inc. Attn; :::: > Jim Lindquist ~ " Re: Andover Fire Stations 1 and 2 o May 2, 2.991 Page 2 - 6 :flold set up charge @ $400 Total cur~ished block cost Sales 1:a;~ Total $ 2,400 $30,005 1,80C $31,805 Credit for painted block 12" Auteclave enerblock 6,958 @ $.95 12" B.a. 3.T. & specials 743 @ $1.10 Total c~edit on block Sales tax Total c~edit Credit fer painting Net add for change Profit & Overhead @ 10% Total added cost. ($ 6,610) ( 817) ($ 7,427) ( 446) ($ 7,873) ($ 4,276) $19,656 1, 966 $21,622 Please issue a Change Order to increase our Contract amount by $21,622.00 as compensation for this change. If you have any questions regarding this const change~ please contact this office. &~~~ RPB:mc c.c. Mr. Jim Schrantz-Andover City Hall ,- \ \ . -/ ; ; I OTKDA TOlTZ. KING. DUVALL. ANOERSON ANQ ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMER!CN'I1 tJATIONAl BANK BUILDING SAINT PAUL. M1NNESOTA55101-1e93 612.'2Q2.AAOO FAX 612'292-O0~3 April 29, 1991 Kenneth Orttel, Mayor Jack McKelvey, Council Marjorie Perry, Council Don Jacobson, Council Todd Smith, Council MEETING D'-1-C\J....-;. AGENDA ITEM;B dO Re: Comprehensive Water Plan Supplemental Report Conunission No. 9140-001 Dear Mayor and Council: The following report is an update of present water system trunk, source and storage facilities; water quality considerations and recommended additional water system improvements. The City, on January 16, 1990, entered into a bilateral compliance agreement to reduce Radium 226 and Radium 228 in the water supply. That agreement stipulates compliance by 1994. U.S. Environmental Protection Agency revised rules may allow the City of Andover to operate at present radium levels. (See letter 1-15-91 M.D.H. attached.) The result of the pilot well at the City Tank No.2 site indicated relatively high radium levels in the HinckleyjMt. Simon formation, The elementary school irrigation well south of the City Hall site is tenninated in the Dresbach/Galesville Aquifer. Tests indicate no radium in this well at the time of testing. A. Well and Pumphouse No.4: We suggest that Well No.4 at Tank Site No.2 be constructed to terminate in the Galesville member. A casing of sufficient size would be used to allow further development to the Hinckley fonnation if constraints are encountered as follows: 1. Poor quality 2, Linlited capacity 3. High sand content It is reconunended that \Vell No.4 be considered as the next highest priority, Well No, 3 is the only well providing supply to the high level Tank No, 2, This high level system does supply water through a control valve to the lower level area (west of Coon Creek), () ~ ; Honorable Mayor and City Council April 29,1991 Page 2 /'j '--' Concentrations of Radium 226 and 228 are highest in Wells No, I and 2 west of Coon Creek on the low level side, We therefore use these wells as lag-lag, i,e, at times of highest demand only, With only Well No.3 on the high level system, there is no redundancy in case of failure on the high level side of the system, We suggest the Well No.4 and Pump house No.4 inlprovements be initiated soon, since it will take approximately one year to complete the facility and place it online, The estimated costs including engineering, are: = $140,000 $190.000 $330,000 Well No.4 Pumphouse No.4 Total = B, Crosstown Trunk Watermain: The second highest priority of need is construction of the 16" diameter Hunk watennain along Crosstown Boulevard from Andover Boulevard to Tank No.2 site. The present connection to the Tank No.2 storage and secondary feed to the low level system is along a single 12" diameter trunk system. (See water system map attached.) The long single feed creates concem as follows: 1. Line pressure drop in certain areas 2. Lack of redundancy in case of line failure with a single feed 3, Balance of pressure and quantity of flow in the system The estimated cost of the trunk watenllain is $284,905. C Financin~: TIle total investment in the present water supply is $4,088.346, (See Est. Cap, Cost - "Andover Trunk Source and Storage" Figure lA - attached), The estimated cost of the recommended projects as defined above is $677 .056. (Figure lA :md IE attached). A City share of various projects which relate to one or more conditions as follows: I, City owned property abutting a water improvement 2, One sided frontage generally along a County highway ~J 3, Deferred assessments to developed propeny along a Inll1k walermain, : Honorable Mayor and City Council Apri129,1991 Page 3 CJ The City share of various projects to date is $219.840. (See Figure 2 attached) The total investment with items proposed for 1991 is $4.985.242. D. Assessments and Revenue: A detailed list of water system assessments to date is shown on Figure 3A and 3B. A breakdown is as follows: L Total Assessments to Date = $3,824,486 2. 1991 Estimated Assessments = 200,900 3. Connection and Area Deferred Charges Collected to Date = 436.005 Total Assessed = $4,461,391 E. Water Consumption: In 1988 we reviewed Andover's water use. An update of the system use is as follows: 1985 1987 l22il Average Number Services Annual Average Consumption AJllma[ Average Per Service Peak Day Rate Peak Day/Average Day 210 70,500 gpd 335 gpd 425,000 gpd 6 482 232,440 gpd 482 gpd 1,001,000 gpd 4.3 1,359 478,389 gpd 352 gpd 1,670,000 3.5 F, Proiected Needs: Based upon water use data, estimated production and storage requirements are projected to the period 1995-2000. Development on the water system from 1987 through 1990 averaged over 300 cotmections per year. A lower rate of 240 units per year is projected. T[us was the rate used in the 1988 supplemental report. The population figure of 3.41 persons per unit as used by the Metropolitan Council is assumed. The estimated water use and facility requirements are as follows: June 1988 Ju[y.1990 March. 1991 1995-2000 ConIlections: 700 1,200 [,359 2,400 Population Served 2,400 4,100 4,634 8,200 Annual Ave. GI'CD 142 140 103 125 Annual Ave. GI'D :14 [,250 585,000 478,389 1.025.000 Peak Day Gal. 1)65,000 2,340,000 3,600,000 C) No. of Wells Req'd. 2 3 4 4 Storage Re{['d, 0.5 LO LO US ~ ilmlOrable Mayor and City Council April 29,1991 Page 4 .~ G. Recommendation: 1. ConstlUct Well No.4 at an estimated constlUction cost of $125,000. 2. ConstlUct Well Pump House No.4 at an estimated constlUction cost of $165,000. 3. ConstlUct the Crosstown Boulevard TlUnk Walermain at an estimated constructioI1 cost of $247,700 with hydrants, or $230,500 without hydrants. Sincerely, .~ ~~ JLD/mha Enclosures 'J \-./ 01 CJ minnesota department of health --, " Ii f" I. ~ ,:' /"1'. I t.' I. r x~' -: =_"').. : I '''~ .! i ~\\I'--"'''-~-~';~';'lc'-llj fi ~". ' .....hJ ~ , i I CITY OF ANDOV!::R I division of environmental health 925 s.e. delaware sl. p.o. box 59040 minncapolis 55459-0040 (612) 627.5100 January 15, 1991 Andover City Council c/o Ms. Vicki Volk, City Clerk City Hall 1685 Crosstown 80ulevard N.W. Andover, Minnesota 55304 Dear Council Members: The Minnesota Department of Health (MDH) has recently learned that the United States Environmental Protection Agency (USEPA) is nearing the final stage of ' deliberation on radiological standards in drinking water and is considering the adoption of significantly different maximum contaminant levels (MCLs) for radium 226 and radium 228. An MCL is being considered for each isotope ranging from 5 to 20 picoCuries per liter (pCi/l). It appears that USEPA will recommend an MCL of 20 pCi/l for radium 226 and 20 pCi/l for radium 228. EPA acknowledges, however, that proposing MCLs of 20 pCi/l for each radium isotope will be controversial, Consequently, they will also ask for comments on the appropriateness of establishing MCLs at 5 pCi/l for each isotope. Our interpretation of this regulatory posturing means that the new MCLs for radium wi 11 be some va 1 ue from 5 ,to 20 pC i 11 for each radium isotope, and it wi 11 be approximately three years before these new MCLs are legally enforceable. As you are aware, the City and MDH have entered into a bilateral compliance agreement in which you have indicated the steps you will take to return to compliance with the existing radium MCL and the dates by which you will accomplish this. Because of the uncertainty of the present regulatory situation, the MDH will not actively enforce the conditions of the compliance agreement at this time. However, please be advised that (depending on the final MCLs) your water system mayor may not be in compliance in the future. If you exceed the new radium MCLs once they are adopted, you will then be required to take whatever actions are necessary to achieve compliance with the new MCLs. We apologize for the confusion created by this rule revision process, however, since these rules are adopted by USEPA we have no control over them other than to provide comment once the rules are proposed. If you have any questions, please contact me at 612/627-8180. Sincerely yours, ~.~d~ Richard D. Clark, P.E., Supervisor Public Water Supply Unit Section of Water Supply and Well Management RDC:bs ,~/ ~ an eau~l opponuntly employer A7T/jC-h'#?'.5#;/ /'/C. I o ESTIMATED CAPITAL COST ANDOVER TRUNK SOURCE AND STORAGE Conun No. Description Construction En I!ineering: Total PREVIOUSL Y CONSTRUCTED PROJECTS 7375 Well No.1 $72,344 $10,577 $82,921 7375 Pumphouse No. 1 154,921 22,649 177 ,570 8179 Trunk Watennain (87-3A) 214,519 22,846 237,365 8179 Trunk Watennain (87-3B) 130,090 13,855 143,945 8430 Well No.2 117,024 14,693 131,717 8430 Pumphouse No.2 93,321 29,638 122,959 8462 Tank No.1 482,088 39,857 521,945 8462 Controls 32,345 10,832 43,177 8463 Trunk Watennain 85-8 409,018 67,513 476,531 8929 Well No.3 (87-lOA) 109,217 9,562 118,779 8929 Pumphouse No.3 (87-10) 149,004 33,784 182,788 8932 Trunk Watennain (87-11) 233,431 27,451 260,882 9368 Pilot Well (88-35A) 12,506 2,500 15,006 9368 Trunk Watennain to Tank #2 (88-35) 41,532 7,060 48,592 9368 rcv Vault (88-35) 40,650 14,991 55,641 9368 Tank No.2 w/Controls (88-35) 1,005,798 50,357 1,056,155 9777 Crosstown Watennain (90-15) 30.909 9.796 40.705 Total Previous Projects $3,327,717 $387,961 $3,716,678 Estimated City Cost (:t 10%) $4,088,346 PENDING PROJECTS Well No.4 $125,000 $15,000 $140,000 Pumphouse No.4 165,000 25,600 190,600 Crosstown Trunk 247 .705 37.200 284.905 Total Pending Projects $537,705 $77 ,800 $615,505 Estimated City Cost (:t 10%) $677,056 ' ~J FIGURE I-A CJ ESTIMA TED COST ANDOVER WATER SYSTEM 16" W A TERMAIN ALONG CROSSTOWN BOULEVARD FROM ANDOVER BOULEVARD TO TANK SITE NO.2 Item Unit No. Description Ouantity Price Amount 1 Mobilization 1.0 EA $3,000.00 $3,000.00 2 COImect to Existing Watennain 3.0EA 500.00 1,500.00 3* 6" DIP Class 50 Watennain 60.0 LF 20.00 1,200.00 4 12" DIP Class 50 Watermain 130.0 LF 30.00 3,900.00 5 16" DIP Class 50 Watermain 5,400.0 LF 35.00 189,000.00 6* 6" MJ Gate Valve and Box 10.0 EA 350.00 3,500.00 7 16" MJ Butterfly Valve and Box 4,500.0 EA 3.00 13,500.00 8* 6"MJ Hydrant 1,200.0 EA 10.00 12,000.00 9* 6" Hydrant Extension 1.0 EA 200.00 200.00 10* 12" Hydrant Extension 1.0 EA 300.00 300.00 11 MJ CIP Fittings 8,920.0 LB 1.50 13,380.00 12 Clear Trees 10.0 EA 80.00 800.00 13 Grub Trees 10.0 EA 80.00 800.00 14 Seed Mixture NO. 500 125.0 LB 4.00 500.00 15 Roadside Seeding 2.5 AC 500.00 1,250.00 16 Conunercial Fertilizer 10-10-10 1,250.0 LB 0.50 625.00 17 Mulch Material Type 1 5.0 TN 250.00 1,250.00 18 Traffic Control 1.0LS 1.000.00 1.000.00 Subtotal $247,705.00 * Less Hydrant Installed -$17 .200.00 Total $230,505.00 CJ FIGURE I-B o '~J C (1 I11Ill No. Proiect 8180 84-6 8370 85-5 7379 85-16 8572 86-1 8179 86-16 8680 86- 8806 87-2&22 8897 87-4 8915 87-7 8903 87-8 8998 87-27 9171 88-4 9172 88-7 9273 88-13 9748 90-6 WATER SYSTEM REPORT CITY SHARE OF PREVIOUS WATER PROJECTS Description Amount South Coon Creek Woodland Terrace Round Lake Boulevard Creekside Estates Red Oaks Pond Woodland Terrace 4th and 5th Additions Hills of Bunker Lake W oodridge/Creekside Shady Knoll Kensington Estates Woodland Creek Round Lake Boulevard Brandon's Lakeview Creekhaven Watt's Garden Acres $ll,OOO 31,318 8,000 2,994 22,977 6,520 81,822 6,528 6,010 12,534 3,806 5,814 6,992 3,625 2.2ili! Total City Share $219,840 FIGURE 7. ;.) TOTAL WATERMAIN ASSESSMENTS WATER SYSTEM ANALYSIS ANDOVER, MINNESOTA PROJECT NO. PROJECT 80-3 80-3 80-3 80-3 80-3 80-3 80-3 80-3 80-3 84-6 84-7 85-5 85-7 85-8 85-16 86-1 86-2 86-4 86-6 86-9 86-10 86-11 86-26 87-2 87-4 87-7 87-8 87-21 87-22 87-25 87-27 87-28 87-29 87-32 87-3 87-20 CJ SHOPPING CENTER ADOLPHSON (WOODLAND CREEK) B. CHAPMAN BOEHLAND BRONN L. CARLSON CHUTICH GOOD VALUE SONSTEBY S. COON CREEK KADLEC ADD SUBTOTAL (1980-1984) WOODLAND TERRACE NORTHGLEN 5TH ADDITION TRUNK NM (87 & 88 ASSESS) ROUND LAKE BLVD UTIL SUBTOTAL (1985) CREEKSIDE ESTATES SMITH'S GREEN ACRES HIDDEN CREEK HIDDEN CREEK 2ND WOODLAND TERRACE 4 & 5 (3) HIDDEN CREEK 3RD INDIVIDUAL WM ASSESS (4) SUPERAMERICA SUBTOTAL (1986) HILLS OF BUNKER LAKE WooDRIDGE ACRES SHADY KNOLL KENSINGTON ESTATES OAK BLUFF 2ND HILLS OF BUNKER LAND 2ND KENSINGTON ESTATES 2ND WOODLAND CREEK CREEKSIDE ESTATES THE OAKS KINSLOW HILLS TRUNK WM (AREA ONLY) CROSSTOWN BLVD TRUNK WM (4) SUBTOTAL (1987) TO'l'AL CONNECTION AREA LATERAL CHARGES CHARGES BENEFIT TOTAL (7) (7) (7) (7) (7) (7) (7) (7) (7) $11,032.00 $16,154.00 $27,186.00 $96,300.00 $32,400.00 $810,000.00 $1,800.00 $940.500.00 $59,400.00 NO WATERMAIN (2) (2) $24,300.00 (2) (4) $14,400.00 $98,100.00 $144,530.00 $18,430.00 $20,370.00 $74,690.00 $71,780,00 $62,080.00 $31,040.00 $88,270.00 $8,730,00 $8,730,00 $77,600.00 (4 ) $606,250.00 $16,497.00 $46,534.00 $1.463.00 $1,424.00 $~13.00 $53,092.00 $20,150.00 $43,550.00 $8,522.00 $10,550.00 $61.470.00 $264,065.00 (1) (1) $254,970.00 $980.00 $255,950.00 $26,933.00 NO WATERMAIN (2) (2) $7,353.00 (2) (4) $2,655.00 $36,941.00 (5) (5) (5) (5) (5) (5) (5) (5) $4,953.00 (5) (5) $689,079.00 (4) $694,032.00 $0.00 $291,251. 00 $43,056.00 $159,610.00 $202,666.00 $1,399,116.00 (2) (2) (2) $38,400.00 $38,400.00 $113,441. 00 $32,229.00 $2,733.00 (2) $1,198.00 $98,273.00 $10.900.00 $145,333.00 $1,445,615.00 nr,URE 3-A 0 88-4 ROUND LAKE BLVD UTIL $2,910.00 $1,585.00 88-5 HILLS OF BUNKER LAKE 3RD $84,390,00 (5) $9,240.00 88-6 KENSINGTON ESTATES 3RD $39,770.00 (5) 88-7 BRANDON'S LAKEVIEW ESTATES $3,880,00 $1,425,00 88-8 OLD COLONY ESTATES $54,450,00 (5) $49,170.00 88-11 HIDDEN CREEK EAST $9,924.00 (2) . (5) 88-12 OAK BLUFF $1,772.00 (5) $20,110.00 88-13 CREEKHAVEN $6,790,00 $1,971,00 88-17 RED OAKS MANOR 5TH $11,075.00 (5) 88-19 WOODLAND CREEK 2ND $42.680.00 ( 1) 88-20 BENT CREEK ESTATES (3) $7.920,00 $3,751.00 -------- -------------- ------------- ----------- SUBTOTAL (1988) $265.561.00 $8,732.00 $78,520.00 $352,813,00 89-4 RED OAKS MANOR 6TH $28,710,00 (5) 89-17 HIDDEN CREEK EAST 2ND (2) $29,540.00 $12,626.00 89-22 WANDERSEE NO WATERMAIN NO WATERMAIN NO WATERMAIN ------- ----------- ------- -------- SUBTOTAL (1989) $58.250.00 $12,626.00 $0.00 $70,876.00 90-3'16 KENSINGTON 5TH , 6TH $51.695.00 (5) 90-5 HIDDEN CREEK EAST 3RD (3) . (5) (3) . (5) 90-6 WATTS GARDEN ACRES $6,013.00 (5) 90-15 CROSSTO,," WATERMAn! NfA NfA NfA 90-23 CLEMENS CORNER HOLD (5) HOLD 90-25 MOSQUITO CONIR COHM _ (FR) $17,222.00 $3,174.00 $13,270.00 ------- ------------ ----- ----- SUBTOTAL (1990) $74,930.00 $3,174.00 $13,270.00 $91,374.00 TOTAL OF ABOVE ASSESSMENTS $2,070,777.00 $1,275,520.00 $478,189.00 $3,824,486.00 1991 PROJECTS (ESTIMATED) --- 91-2 CREEKVIEW CROSSING (5) (FR) $91,785.00 (5) 91-4 HILLS OB BUNKER 4TH (FR) (%) $63,300.00 (5) 91-6 HARTFIELS ESTATES (EST) $26.375.00 $19,440.00 -------- ------- ------ ESTIMATED TOTAL (1991) $181,460.00 $19,440.00 $0.00 $200,900.00 ----- --------- ----- CASH PIiTS MADE TO CITY (8) $421,000.00 ELEM SCHOOL TRUNK ASSIiTS (7) (7) ANOKA co HWY DEPT ASSESSMENTS (7) $5,475.00 $9,530.00 $436,005.00 TOTAL WITH 1991 PROJECTS $2,673,237.00 $1,300,435.00 $487,719.00 $4,461,391. 00 FOOTNOTES: (1) (2) (3) ( 4) (5) (6) (7) (8) 80-3 ASSESSMENT 85-8 ASSESSMENT REMAINDER AFTER 85-8 ASSESSMENT LUMP SUM WATERMAIN ASSESSMENT on TRUNK LINE 87-3 ASSESSMENT REMIUNDE.R AFTER 87-3 ASSESSMENT INCLUDED IN CASH PAYMENTS MADE TO CITY COLLECTED BY CITY WITH BUILDING PERMITS AMOUNT AS OF 3/91. ALL ASSESSMENTS NOT YET COLLECTED I INCLUDES CONnECTING CHARGES FROM 80-3 AND LUMP SUH PAYMENTS MADE WITH BUILDING PERMITS FOR OTHER PROJECTS TO BE ASSESSED WITH 88-5 C) (9) ESTIHATES FROM FEASIBILITY REPORT Figure 3D :") '-~ ~/.,< "'"""~""" ,;,"-' ""''*;" , -), /:J ;j~ ~ ~ ',1 ~,,1 i':~i ,b" "t?~, "l' ~;.. ~..- -'-~""'9r""""""_'i!f!!f<\'~cr;J~"'ffi' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO. Future Council Item DATE ORIGINATING DEPARTMENT ( <~ Administration kJ BY: James E. sChranlzc/ / (\ AGENDA SECTION NO. APPROVED FOR AGENDA BY: The City Council is requested to review, make comments and/or approve the Consent Order for execution by the Mayor and Clerk. Attached is a map showing the facility bound in red, the lower sand aquifer restrictions area in yellow and the area they want rezoned to a non-residential use in orange. Areas I have noted to discuss: 1. Facility boundary along Crosstown goes to the center line of the road. The City has utilities east of the center line as well as a storm water ponding area. Pages 11 & 12 allow the City and county to operate their facilities. 2. The facility goes to the east side of Hanson Boulevard. 3. Page 12 (3) addresses the infiltration of landfill gas protection area of 300 feet from the facility or 500 feet from the toe of the landfill exempt 425 feet along the east boundary. The developer of Kensington Estates has been concerned about this requirement for some time. The developer is mentioned on page 9 "Settling Parties". 4. The grading of the land south of the landfill is a concern. Three is a plan available grading the east 3/4 of the property to an elevation of 890. This elevation can support a commercial area without basements. COUNCil ACTION " / ') MOTION BY TO SECOND BY C) ,>G' ,,1'\ '~ ,,~'7': 30 PM (J CITY of ANDOVER Regular City Council Meeting - May 7, 1991 Call to Order Resident Forum Agenda Approval Approval of Minutes Sheriff wilkinson Discussion Items 1. Amended Special Use Permit/H. Stuart 2. Amended Special Use Permit/Northern Natural Gas 3. Special Use Permit/steps of Success/D. Jahn 4. Lothspeich Lot Split & Variance 5. Ordinance 8, Section 8.08, Cont. 6. Ordinance 23 Discussion 7. Rucks Variance 8. Boulevard Encroachment, Cont. 9. Taxes/H. Smith Property 10. Exercise Option/Laptuta Property Staff, Committee, Commission 11. Sewer Hookup/2319 South Coon Creek Drive 12. Newsletter Discussion 13. Community School Report 14. AAA Lease, Cont. IS. Assessment Abatement 16. Award Bid/Air Packs 17. Approve change Order/Fire Hydrant/station 1 18. Approve purchase/Fire Dept. Computer 19. Approve House Burns/Fire Dept. 20. Schedule Work Session. Non-Discussion Items 21. Withdrawal of Special Use Permit/G. Nordeen 22. Accept Feasibility Report/9l-S/Njordmark-Dale 23. Accept Feasibility Report/91-6/Hartfiel's Est. 24. Approve Plans & Specs/91-2/Creekview Crossing 2S. Approve Final P1at/Genthon ponds 26. Approve Development Contract/Genthon Ponds 27. Receive petition/91-10/1S9th & Quinn Area 28. Receive Petition/91-11/Street Lights 29. Receive petition/91-12/Red Oaks Manor;Water 30. Receive Petition/91-13/Street Lights;Wobegon Woods 31. Release Partial Escrow/Northglen 2nd Addition 32. Release Performance Bond/Business Records Corp. Mayor/Council Input Approval of Claims Adjournment ~) ~~/-"._.,-""_., ",. .'~ ~,- '..' ~j" :'~" :'1 ~-~ ',' ::.j ~s ." ., '\':,.. ,/Il ""'~'~."""",,;..-~:"'i~~;,,,,~'j>"iC CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mav 7. lqql AGENDA SECTION 1 NQ Approva of Minutes ORIGINATING DEPARTMENT ITEM NO. Approval of Minutes Admin. ~ V. volk \. . BY: The City Council is requested to approve the following minutes: April 16, 1991 Regular Meeting (Smith absent) / ) MOTION BY " ' - TO COUNCIL ACTION SECOND BY ';/~(<""""'>'''''''''''''\' ,) {.~ ~ '" ~ ~ "- \'''''''''~_''i""fr,c?",i CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. D1Scuss1on Items DATE May 7, 1991 ORIGINATING DJ:PARTMENT n Plann1ng ~ David L. Carlberg City planner / \ rUlLI::"UI::U .,ur DelLe .,~uar ITEM Retail Trade & Services N~ 13650 Hanson Blvd NW BY: ~~'fr, EDD F FOR A\ tJ ~ BYJ: \) REQUEST The City Council is asked to review the Amended Special Use Permit request of Hare Stuart to operate a commercial greenhouse, wholesale growing and landscaping business at the following described property: 13650 Hanson Boulevard NW (Lot 4, Block 1, Pankonin Addition) APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03, establishes those uses allowed by Special Use Permit. In an Industrial District, retail trade and services are allowed by the granting of a Special Use Permit. In granting a Special Use Permit, the City Council shall examine the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Planning & Zoning Review The Planning and Zoning Commission, at their April 9, 1991 meeting, recommended approval of the Amended Special Use Permit with conditions. Attached for your review are the minutes from the meeting which reflect those concerns and conditions. continued COUNCIL ACTION ',- MOTION BY TO SECOND BY () o Page Two Amended Special Use Permit - Retail Sales Hare Stuart 14361 7th Avenue NW May 7, 1991 Recommendation Staff and the Planning and Zoning Commission recommend the City Council approve the Amended Special Use Permit request of Hare Stuart to operate a commercial greenhouse, wholesale growing and landscaping business located at 13650 Hanson Boulevard NW (Lot 4, Block 1, Pankonin Addition. Attached is a proposed resolution for Council review and adoption. ~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -91 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF HARE STUART TO OPERATE A COMMERCIAL GREENHOUSE, WHOLE SALE GROWING AND LANDSCAPING BUSINESS LOCATED AT 13650 HANSON BOULEVARD NW (LOT 4, BLOCK 1, PANKONIN ADDITION). WHEREAS, Hare Stuart has requested an Amended Special Use Permit to operate a commercial greenhouse, wholesale growing and landscaping business located at 13650 Hanson Boulevard NW (Lot 4, Block 1, pankonin Addition); and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow Hare Stuart to operate a commercial greenhouse, wholesale growing and landscaping business at said property with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection. 2. The hours of operation will be as follows: Monday thru saturday Sunday Friday 9 am - 9 pm 8 am - 9 pm 10 am - 5 pm 3. The building will be subject to Building Department inspection. 4. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). Adopted by the City Council of the city of Andover on this 7th day of May, 1991 CITY OF ANDOVER o Kenneth D. Orttel, Mayor ATTEST: Victoria Volk, City Clerk Andover Planning and Zoning Co=ission 04/09/91 Meeting Minutes, page 3 o Mr. Carlberg has a written notification from Gordon Nordeen withdrawing his application for a special use permit. This item is withdrawn from the agenda. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT HARE STUART - RETAIL SALES (13650 Hanson Boulevard NW) The Andover Planning and Zoning Commission is asked to review the Amended Special Use Permit requested by Hare Stuart to operate a commercial greenhouse, wholesale growing and landscaping business at the following described property: Lot 4, Block 1, Pankonin Addition (13650 Hanson Boulevard NW) Mr. Carlberg pointed out that this property is "Lou's Tire Town" site. The applicable ordinances are Ordinance No.8, Section 5.03, which regulates the Special Use Permit process, and Ordinance No.8, Section 7.03, which lists the uses allowed by Special Use Permit. In an Industrial District, retail trade and services are allowed under a Special Use Permit. Mr. Carlberg stressed that this Special Use Permit is for the retail sales and services that are a part of this business. In examing the criteria, Mr. Carlberg acknowledged that the operation will increase traffic flow onto Hanson Boulevard Nw, but the parking facilities would be located on site and away from adjacent streets. A planned service road will divert traffic from entering onto and near the Hanson and Bunker Lake intersection. Mr. Stuart plans to do a considerable amount of landscaping and beautifying his property as well as Robert Bendtsen's property (1714 Bunker Lake Boulevard NW) to the west. Chairperson Peek questioned why this is an Amended Special Use Permit. Mr. Carlberg said there is a Special Use Permit on the property obtained by Jeff's Furniture, an outlet for lawn furniture. There has not been a business on the property for eight (8) months. Because there is a drastic change in retail sales, the city attorney thought there should be application for an Amended Special Use Permit. Thus, it is a legal interpretation by the city attorney. o Chairperson Peek opened the hearing for public testimony at 7:50 p.m. Andover Planning and Zoning Commission 04/09/91 Meeting Minutes. page 4 o Mr. Hare Stuart, 15921 Fox Street, appeared to inform the commission about his operation. His wholesale business supplies grocery stores and nurseries in Minnesota and Wisconsin with his greenhouse plantings and products. The pole building is a "holding" greenhouse for perennials; no "hoop" greenhouse will be used on a permanent or temporary basis. The business is seasonal in terms of retail only. Seasonal employees will be hired. Truck traHic will be contained to the pole building area. Mr. Stuart feels his business will add to the community and that the retail sales will fill a need in an immediate area. He stressed that the wholesale part of his business is primary; the retail part, secondary. His plans are to make this property "a showplace". Chairperson Peek asked for a motion to close the public hearing. MOTION by Dehn, seconded by Jovanovich to so move. Motion carried unanimously. Chairperson Peek raised the issue of business hours and signage compliance. After discussion with the commission, Mr. Stuart agreed on setting the following hours: Monday thru Friday Saturday Sunday 9-9 8-9 10 - 5 Mr. Stuart felt these hours were reasonable, but if problems arose, would address the planning board again and work with them for a solution. He also stated that there will be one professionally designed sign (32 square feet) on the premises with the business name on it. CJ MOTION by Jovanovich, seconded by Dehn, to approve an Amended Special Use Permit requested by Hare Stuart to operate a commercial greenhouse, wholesale growing and landscaping business at Lot 4, Block 1, Pankonin Addition (13650 Hanson Boulevard NW) as determined by Ordinance No.8, Section 5.03 and Ordinance No.8, Section 7.03. The Amended Special Use Permit is granted for the fot/owing reasons: (1) The proposed use would not have a detrimental effect upon the health, safety, morals and gel2eral welfare of occupants of surrounding lands. Andover Planning and Zoning Commission 04/09/91 Meeting J\1inutes, page 5 () (2) Although the use would increase the traffic flow onto Hanson Boulevard NW, the parking facilities would be located on site and away from adjacent streets. (3) The use of the building on the site for a commercial greenhouse, wholesale of growing and landscaping business would have a positive effect on the property values in the area. The scenic views will be improved as well. (4) The use would be consistent with the Comprehensive Plan. (5) This permit precludes the development of temporary buildings unless it comes once again before the city. (6) The hours agreed upon between Mr. Stuart and the commission are designed in the paragraph above this motion. (7) The sunset clause is invoked. (8) Mr. Stuart will be allowed to operate the building .as is., subject to inspection by the Building Department. The intent is not to bring the building up to code, but subject it to the Building Department inspector. (9) Annual review of property by staff. The original motion was corrected and agreed upon and passed unanimously. A recommendation for an Amended Special Permit regarding this property will go to the Andover City Council on May 07,1991, at 7:30 p.m. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT NORTHERN NATURAL GAS COMPANY - Construction of a Metering Building (14361 7th Avenue NW) The Andover Planning and Zoning Commission is asked to review the Amended Special Use Permit requested by the Northern Natural Gas Company to allow for the construction of a 6' x 9' x 8' building to house gas metering equipment on the following described property: 14361 7th Avenue NW (PIN 30- 32-24-42-0002). The applicable ordinances is Ordinance No.8, Section 5.03 which regulates the Amended Special Use Permit process and Ordinance No.8, Section 7.03, which lists the uses allowed by Special Use Permit. In Residential Districts, public utility uses or structures are allowed under a Special Use Permit. CJ Mr. Carlberg presented criteria to the commission. Currently two buildings are on site; this building (skid-mounted, a temporary building) will be similar and is needed because of an increase in operational demands. The use would not CITY OF ANDOVER C) REQUEST FOR PLANNING COMMISSION ACTION A~ril 9, 1991 DATE" AGENDA ITEM 4. Amended SUP Retail Trade & Services 13650 Hanson Blvd. NW ORIGINATING DEPARTMENT Planning APPROVED FOR AGE:tL David L. Carlberg By~ity Planner BY: REQUEST The Andover Planning and zoning Commission is asked to review the Amended Special Use Permit requested by Hare Stuart to operate a commercial greenhouse, wholesale growing and landscaping business at the following described property: Lot 4, Block 1, Pankonin Addition (13650 Hanson Boulevard NW) APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03 lists the uses allowed by Special Use Permit. In an Industrial District, retail trade and services are allowed under a Special Use Permit. In granting a Special Use Permit, the following criteria shall be examined. 1. The Effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. The use would not have a detrimental effect. The use would provide a service to area residents. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. The use would increase the traffic flow onto Hanson Boulevard NW, but the parking facilities w6uld be located on site and away from adjacent streets. The future expansion of Bunker Lake Boulevard and Hanson Boulevard will require a service road parallel to these roads. This will divert traffic from entering onto and near the Hanson and Bunker Lake intersection. ,~ " ,-" ~----_.-. - Page Two SUP - Retail Trade & Services (13650 Hanson Blvd NW) April 9, 1991 o 3. The etfect on the values of property and scenic views in the surrounding area. The use of the building on the site for a commercial greenhouse, wholesale growing and landscaping business would have a positive effect on the property values in the area. The scenic views will be improved as well. 4. The effect of the proposed use on the Comprehensive Plan The use would be consistent with the Comprehensive Plan. GENERAL REVIEW The City for many years has struggled with the problem of cleaning up the pankonin Addition and the Industrial District west of Hanson Boulevard NW to Crosstown Boulevard NW. Mr. Stuart plans to do a considerable amount of landscaping and beautifying of his property as well as Robert Bendtsen's property (1714 Bunker Lake Boulevard NW) to the west. COMMISSION OPTIONS , ,. 1. The Planning and Zoning Commission may approve the Amended Special Use Permit requested by Hare Stuart to operate a commercial greenhouse, wholesale growing and landscaping business located at 13650 Hanson Boulevard NW (Lot 4, Block 1, pankonin Addition) . The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate the surrounding property and the use is in harmony with the Comprehensive Plan. The Commission also finds that the use is permitted by special use under Ordinance No.8, Section 7.03, Industrial Districts. 2. The Planning and zoning Commission may deny the Amended Special Use Permit requested by Hare Stuart to operate a commercial greenhouse, wholesale growing and landscaping business located at 13650 Hanson Boulevard NW (Lot 4, Block 1, pankonin Addition) . The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. () 3. The Planning and zoning Commission may table the item. RECOMMENDATION Staff recommends Option # 1 ~.-?"._'__"'_.' ___.__..0... .___.....r.._.___.__;__ ..--_..____ ---....-~..---:'- - -- ---- 9DtrU~I' , , I ,~I . :0 ~___ . i , ..~ 'v rl lit' : , c.o :ii .. ., '. '.-,. . ':.!~:~:.., ~:. on . r '" ,;01_... r'E' CI!.~'.~J . - "1 .. -: ~ ,? '(j 9 f"--o " N " l. ". 01.1 -#~5' ~'.~ '-011.-/"" >1 ~ ~ " ... f _, ~ 'i:-' , ....~. . $"~" .. '. ".,. . ,"''' ,..1 .;#:Z ::./P .!. f"t. 1" HA~ ~ I It:: ~ :'"oOP' -' ~.J r NINO.>l P'd 1 , y" ,~ ~I' ..? ~'l~ . ... .." .. ~I:; .. ..: '. .,,.... ~,. "':",.... ': ...,7 L _ '1....!.2'_ ,3^/C:lO__ :...:a.oL^~ J.,I ",' ~:. ':~' ': 'C:lO 3JIM:i3 . :.,.. 1."Ffll--- t --.'1'7-- . " ~. ~( .~ " (~: " ~ ',. . " (..' \Il ,: . I -.l.lNnO:L- - ; a'10~ .ii:~~~~~!.;~~..~~::~ ~ ~.~'.~:: :.<". .' o. ". ..~ .~: .~. "~.:.~~..'~ ':'.:~~ :" ,:' '. , . , ':~ '03NIV1NOJ N13'd3H 53IJ't?!nJJV' ~~l J..NV' ~OJ :ngI5NOc!53~ 10N 51 )..l ~l/")J }i-il ONV' 5350cf/:Jnd 3JN3~3:l3'd ~'t,.I.UNoiJ35n'3g 01 51 ~NIMV'~Q 51Hl :NMOH5 V'3'dV' 3Hl ~NID3:/;{V' 5DI:l:l0 - 'J..iNnO:): V'){ONV' 3Hl NI cN3c!dV' .8Hl _?'1, sa.1:Jo;)?c(io NOI1\f1iciWOJ V S~_5JHl .... . ." . " .,- ",' .. '" .: ..,. '.-,~f-f.E~~i~':~EiE~i:~:~ ~:~~ ~~?::i~~'~:::~.;~i\?<': .- ' . ".. .~. '" . . .~ ~.'~.~.. -;.:.~ ~"~:-:. .~.: o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT property Address io ~S~ H A^-\ ~ON Blv, Legal Description of Property: (Fill in whichever is apporpriate): 1 Lot plat (If Block . Addi Hon Parcel PIN :J.lJ, 1 ~ ') \.!~ 1 ~ ~ Q) 4- metes and bounds, attach the complete egal) ********************************************************************* Reason for Request SL~SOAJPlL ~ ALG~ Section of Ordinance ~(D~ Current Zoning ~ ********************************************************************* , Name of Applicant g1"41l>."R-\- So ~,^dLe~~L.~ a~\:J(..UI:~S -:I.NC. Address \ S'Z '2.1 POY $-'1-, T'\ 1/\1. Ar-JOOVEI!..,. (MI\J $"5'30 Lj- Home Phone 1.\ l..'Z - ':!'2~'1 Business Phone 4 'Zz..-?/IR' Signature t~ . ~~~ Date "3- ($'-9/ , / ********************************************************************* 1ddress C) )tome Phone ~ignature lJfJIM MI;; Dr jroperty Owner (Fee Owner) (If different from above) eM ,%lusiness Phone Lt.Jl(-.prcJ 3 ~ate ~-~-/ffl *****************************!!.***,*,****tt****************~_ ------ ~--".~~.- -~._.-- ". --- ----"- ..-- ""-,._--_.----~_._._---- '" "SPECIAL USE PERMIT PAGE 2 () Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. XThe names and addresses of all property owners within 350 feet of the subject property must also be provided. Application Fee: $150.00 Fee: 'al Use Permit Fee: $50.00 3/~Yq I '371-S-5 Receipt if Date Paid CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a special use permit, the City Council shall consider the advice and recommendation of the Planning Commission and: the effect of the proposed use upon the health, safety,. morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and lands, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. .' () () CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . 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 public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, April 9, 1991 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Amended Special Use Permit request of Hare Stuart to operate a commercial greenhouse, wholesale growing and land~caping business located at. 13650 Hanson Boulevard NW. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. UJ iLl; Victoria Volk, City Publication dates: Clerk March 29, 1991 April 5, 1991 uoroon \.,;.l.ernens 1751 - 131st Avenue I Coon Rapids, Mn 55433 united Power Assoc. '-~635 Bunker Lake Blvd '~ndover, Mn 55304 John Imre J 15844 Sycamore Street Andover, Mn 55304 (J j .<1."'--''l~,'J.-., co rc:l':j " 13624 Hanson Blvd Andover, Mn 55304 Kottkes Bus Servo v 13625 Jay Street Andover, Mn 55304 Lbz...1- 'E-t,..d~Cl.'" / (J /71ft g....P-u UJ.,. 'DId I.I~) Iln~(ti~ 1/ ;11 /l. 5: ':i' 304- ,.~-_._.- . .-....-...._- nd.I.---U.LU-'"'t::;..L.~~-~UU . v 1657 Bunker Lake Blvd Andover, Mn 55304 Anoka County Courthous. ./ Anoka County 325 E. Main St Anoka, Mn 55303 :~) -""-'-'~"'''''-'',.'';'-'' (~) ';~;~h ,)l 'Jr,."''''.''''iffl'J<.-~'![~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 AGENDA SECTIQN NQ D1Scusslon Items ORIGINATING D~PARTMENT Plannlng ~ David L. Carlberg City Planner . -. aura ~TJM Gas Co. - Gas Metering ;<.' Bldg. (14361 7th Ave. NW) BY: REQUEST The City Council is asked to review the Special Use Permit request of the Northern Natural Gas Company to allow for the construction of a 6' x 9' x 8' building to house gas metering equipment at the following described property: 14361 7th Avenue NW (PIN 30-32-24-42-0002) APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03, establishes those uses allowed by special use permit. In a Residential District, public utility uses or structures are allowed by the granting of a Special Use Permit. In granting a Special Use Permit, the City Council shall examine the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Planning & Zoning Review The Planning and zoning Commission, at their April 9, 1991 meeting, recommended approval of the Amended Special Use Permit request. Attached for your review are the minutes and the staff report from the meeting. continued COUNCIL ACTION ) MOTION BY \..- TO SECOND BY () () Page Two Amended Special Use Permit - Northern Natural Gas Co. 14361 7th Avenue NW May 7, 1991 Recommendation Staff and the Planning and Zoning Commission recommend the City Council approve the Amended Special Use Permit request of the Northern Natural Gas Company to allow for the construction of a 6' x 9' x 8' building to house metering equipment located at 14361 7th Avenue NW (PIN 30-32-24-42-0002). Attached is a proposed resolution for Council review and adoption. ~) Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -91 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF THE NORTHERN NATURAL GAS COMPANY TO ALLOW FOR THE CONSTRUCTION OF A 6' X 9' X 8' BUILDING TO HOUSE GAS METERING EQUIPMENT TO BE LOCATED AT 14361 7TH AVENUE NW (PIN 30-32-24-42-0002). WHEREAS, The Northern Natural Gas Company has requested an Amended Special Use Permit to allow for the construction of a 6' x 9' x 8' building to house gas metering equipment located at 14361 7th Avenue NW (PIN 30-32-24-42-0002); and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow the Northern Natural Gas Company to construct a 6' x 9' x 8' building to house gas metering equipment on said property with the following conditions: 1. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2. The proposed building will meet the setback requirements as established in Ordinance No.8, Section 6.02. 3. The Special Use Permit will be subject to annual review and site inspection. Adopted by the City Council of the City of Andover on this 7th day of May, 1991 CITY OF ANDOVER ATTEST: Kenneth D. Orttel, Mayor Victoria Volk, C~ty Clerk () ~) Andover Planning and Zoning Commission 04/09/91 Meeting Minutes, page 5 (2) Although the use would increase the traffic flow onto Hanson Boulevard NW, the parking facilities would be located on site and away from adjacent streets. (3) The use of the building on the site for a commercial greenhouse, wholesale of growing and landscaping business would have a positive effect on the property values in the area. The scenic views wiII be improved as well. (4) The use would be consistent with the Comprehensive Plan. (5) This permit precludes the development of temporary buildings unless it comes once again before the city. (6) The hours agreed upon between Mr. Stuart and the commission are designed in the paragraph above this motion. (7) The sunset clause is invoked. (8) Mr. Stuart wiII be allowed to operate the building -as is., subject to inspection by the Building Department. The intent is not to bring the building up to code, but subject it to the Building Department inspector. (9) Annual review of property by staff. The original motion was corrected and agreed upon and passed unanimously. A recommendation for an Amended Special Permit regarding this property will go to the Andover City Council on May 07, 1991, at 7:30 p.m. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT NORTHERN NATURAL GAS COMPANY - Construction of a Metering Building (14361 7th Avenue NW) The Andover Planning and Zoning Commission is asked to review the Amended Special Use Permit requested by the Northern Natural Gas Company to allow for the construction of a 6' x 9' x 8' building to house gas metering equipment on the following described prop~rty: 14361 7th Avenue NW (PIN 30- 32-24-42~2). The applicable ordinances is Ordinance No.8, Section 5.03 which regulates the Amended Special Use Permit process and Ordinance No.8, Section 7.03, which lists the uses allowed by Special Use Permit. In Residential Districts, public utility uses or structures are allowed under a Special Use Permit. Mr. Carlberg presented criteria to the commission. Currently two buildings are on site; this building (skid-mounted, a temporary building) will be similar and is needed because of an increase in operational demands. The use would not Andover Planning and Zoning Commission 04/09/91 Meeting Minutes, page 6 , \...-/ have a detrimental effect on the surrounding lands. Mr. Carlberg anticipated no traffic congestion problem. The sole purpose of the building is to house metering equipment which will be visited periodically by employees of the North Central Gas Company. The metering equipment building will be setback 86 feet (rather than 92 feet) from the 7th Avenue right-of-way and will not be readily visible. It will be 10 feet (rather than 4 feet) from the property lines. Chairperson Peek opened the hearing for public testimony at 8:25 p.m. Mr. Allen, representative from Northern Natural Gas Company, said this facility has been there for a number of years and now there was a need to add additional equipment to monitor the operation. Chairman Peek asked for a motion to close the public hearing. MOT/ON by Jovanovich, seconded by Dehn, to so move. Motion carried unanimously. MOTION by McMullen, seconded by Apel, to approve the Amended Special Use Permit requested by the Northern Natural Gas Company to allow for the construction of a 6' x g' x 8' building to house gas metering equipment on the following described property: 14361 7th Avenue NW (PIN 30-32-24-42-0002). The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate the surrounding property; and the use is in harmony with the Comprehensive Plan. The Commission also finds that the use is permitted by special use under Ordinance No.8, Section, 7_03, Residential Districts. The public hearing for the above permit was held on April 09, 1991. The sunset clause is invoked in this application. The motion was corrected and agreed upon. Motion passed unanimously. ,-, '-) This recommendation for approval will go before the Andover City Council on May 07, 1991. -- CITY OF ANDOVER REQUEST FOR PLAi'll'-Bi'lG COi\;l~;1ISSION ACTION April 9, 1991 DATE David L. Carlberg By;Ci ty Planne r APPROVED FOR AGENDA ~ BY; , " AGENDA ITEM 5. Amended SUP Northern Natural Gas Co. Gas Metering Building 14361 7th Ave NW ORIGINATING DEPARTMENT Planning I:'" \\<- REQUEST The Andover Planning and Zoning Commission is asked to review the Amended Special Use Permit requested by the Northern Natural Gas Company to allow for the construction of a 6' x 9' x 8' building to house gas metering equipment' on the.fo11owingdescribed property: 14361 7th Ave NW (PIN 30-32-24-42-0002) APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Amended Special Use Permit process. Ordinance No.8, Section 7.03 lists the uses allowed by Special Use Permit. In Residential Districts, public utility uses or structures are allowed under a Special Use Permit. In granting an Amended Special Use Permit, the following criteria shall be examined: 1. The Effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. The use would not have a detrimental effect. The,use would provide a service to area residents. 2. The existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. The use would not increase the traffic flow onto 7th Avenue NW or the surrounding area. The sole purpose of the building is to house metering equipment which will be visited periodically by employees of the North Central Gas Company. 3. The effect on the values of property and scenic views in the surrounding area. . /- The metering equipment building would have no negative impact on the property values or the scenic views in the area. The building is to be setback 92 feet from the 7th Ave right-of-way and not readily visable. ''1 I () () Page Two Amended SUP - Metering Equipment Building 14361 7th Ave. NW Northern Natural Gas Co. April 9, 1991 4. The effect of th~ pr~posed use on the Comprehensive Plan The use would be consistent with the Comprehensive Plan. GENERAL REVIEW 0: ~ The Northern Natural Gas Company currently has two (2) small buildings that contain various weather sensitive metering equipment necessary for the operation of the natural gas transmission line. Due to increased operational demands, additional metering equipment is needed, hence the need for the construction of the new building. COMMISSION OPTIONS 1. The Planning and Zoning Commission may approve the Amended Special Use Permit requested by the Northern Natural Gas Company to construct a 6' x 9' x 8' building to house metering equipment located at 14361 7th Avenue NW (PIN 30-32-24-42-0002). The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate the surrounding property and the use is in harmony with the Comprehensive Plan. The Commission also finds that the use is permitted by special use under Ordinance No.8, Section 7.03, Residential Districts. 2. The Planning and Zoning Commission may deny the Amended Special Use Permit requested by the Northern Natural Gas Company to construct a 6' x 9' x 8' building to house metering equipment located at 14361 7th Avenue NW (PIN 30-32-24-42-0002). The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item. RECOMMENDATION Staff recommends Option * 1 --..-.--- .-"- _._"- ~. -& 1:1 -U '((I ~ 11'''d .......tl'i 13-;:.. \) .. j ",. u.. :II( I ~<)~. . ,,,: fi.. .'~..:~ - ~ j 1:\" 1 ~~ .. '.~\ . ~ !I' ~r AYE. .. ~ i ~ !-. ~ ~ ;, !" 0 44 ; ~L::;;,~ ~ ....... ~23 _ ~~. "~~ ~ ~ ~."'~~. 'Ii. ;; 3 ~~s"'~",;:! ~<< : I.; ...Y(.y~:, a ~_"4Thdll7H H...-/-.~_ ... ':1 "..,'""~ &'1<..-1..,: ;:i! .i\l _I -1 thJt'" , .:: ::::. ~ ~ ~,~ ~~ Z ... a .. ~ "" J ~ -: "'''' '........: ... .... .: xi":. ......: ~: >;- ~ << ~. / ...l' ~ ~C~i" t~::' ~1 \ ~~~ ..,," ~ ~ Z l;; (ov.....~ >o,~[~~r:~~~ 0 ff 3 1;,1...~'::'i\';....... '" ... '. :J:, ". ?l u '... . -" - " : I ^ J'~ J'~ ;; ..", .... t::' 1!It~A. 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I .?'ew ~) I ., ~~ -.:.:::: I )., , c .' 1 ., "" ':<1 I ~I ~I .. " ':~ I j U_ - } . : = - uu . ~ .... i~ ,\ t ~ i ~ \ ~ Cr.zt:i Xl... ~ :J,W-l \ a:l , A I x .\ --' r ~; , :; Il ;!: ; , L . ~ : ~ ~: j. 0 .: :-Cl f~:f ... ,. - , {H.b ..... o ~ ! I ,.. j I \. __I ~o'.X" . -- -- --.-.-.-.-.- -"-,,. -- . <..~- .- ,. j~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 property Address 1I~(l1dd SPECIAL USE PERMIT Ill.., u~ /13&/ AtJR..- I!w Legal Description of Property: (Fill in whichever is apporpriate): f:': Lot Bloc~ Addition Plat Parcel PIN '30 - "2,2..-2.1" - 4~-C06-Z (If metes and bounds, attach the complete legal) See Attached ********************************************************************* Reason for Request To permit additional housing of Gas Metering Equipment Section of Ordinance .J.8-rI (,:,,) '1,06 ********************************************************************* Current Zoning R-1 Name of Applicant Northern Natural Gas Company Attn: Dennis D. Werkmeister. Agent I Home Phone 7901 Xerxes Ave South #209. Minneaoo1is, Mn 55431 Bus ine s s Phone (612) 887-1735 Address Signature Date Dennis D. Werkmeister, Agent for Northern Natural GAs Co~ ********************************************************************* property Owner (Fee Owner) Northern Natural Gas Company (If different from above) Address 7901 Xerxes Ave South 11209, Minneapolis, }In 55431 o Home ~hone ~ _ Business Phone Signature J /fA~;:;A'i '~/tl:J:e:.. Natural Gas Company BY: Dennis D. (612) 887-1735 Date ;-2S-''PI Werkmeister, Agent ****************************************************************~**** ----=-.---~ ~J r-, ''-J ~- l pPECIAL USE PERMIT PAGE 2 -~, Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. The names and addresses. of all property owners within 350 feet of the subject property must also be provided. :ifo Application Fee: $150.00 Filing Fee: $10.00 Amended special Use Permit Fee: $50.00 "7. .' ~. 2&/11 Receipt if 37417 Date Paid CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a special use permit, the City Council shall consider the advice and recommendation of the Planning Commission and: the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and lands, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive plan. / -..------...-....--.-.... () ,r~ \-.-.1 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA f;~ Q. NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, April 9, 1991 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Amended Special Use Permit request of the Northern Natural Gas Company to construct a 6ft x 9ft x 8ft building to house gas metering equipment located at 14361 7th Avenue NW. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. /[~ ;;V~ Victorla Volk, Clty Clerk Publication dates: March 29, 1991 April 5, 1991 0;. -'CI .- ...........,-... - .. ~ /--:\') \.J ,. ') \,J PIN 30-32-24-42-0001 30-32-24-42-0022 30-32-24-42-0023 30-32-24-43-0001 30-32-24-31-0001 PROPERTY OWNERS NAME &: ADDRESS Iowa Public Service Co %Public Service Co. 0: 1080 Montreal Ave ~ st. Paul Mn 55102 John T. Frazer P. O. Box 293 Anoka, Mn 55304 Maryls A. Muehlbauer 4360 144th Lo NW Anoka, Mo 55034 Rosella D. Sonsteby 4151 141 st Ave NW Anoka, Mn 55304 City of Anoka , '\ '-.J' . ~f""'~"""'~#':,,~, 'J'~" ""\". ~ 3 :~ n '!\ n ~ ~ '\,,/iJ "~':'~~.~"'If",""'lf"'!)i; , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 ORIGINATING D!:PARTMENT \) Plannlng ~ David L. Carlberg City Planner ITEM Homes" - Foster Group N.g: Home (4100 160th Lane NW BY: AGENDA SECTION Items NO. TIiScusslon REQUEST The City Council is asked to review the Special Use Permit request of "Steps of Success Homes" (Dayton Jahn) to operate a foster group home at the following described property: 4100 160th Lane NW (PIN 18-32-24-41-0008) APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit Process. Ordinance No.8, Section 7.03, establishes those uses allowed by special use. In a Single Family Rural District, foster group homes (rest homes) are allowed by the granting of a Special Use Permit. In granting a Special Use Permit, the City Council shall examine the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. GENERAL REVI EW The "Steps of Success Homes" has been operating at the current site for the past three (3) years. The City has not received any complaints on said operation, except for a letter received from "All Families of the Fox Meadows Development", attached for Council review. The letter, however, was not endorsed by any resident attending the April 23, 1991 Planning and Zoning Commission meeting. Attached are the minutes from the meeting for further Council review. COUNCIL ACTION " MOTION BY "- - TO SECOND BY ::J o Page Two Special Use Permit - "steps of Success Homes" 4100 160th Lane NW May 7, 1991 Planning and zoning Review The Planning and zoning Commission, at their April 23, 1991 meeting, recommended approval of the Special Use Permit with conditions. Attached for your review are the minutes from the meeting which reflect those concerns and conditions. Recommendation Staff and the Planning and zoning Commission recommend the City Council approve the Special Use Permit request of "steps of Success Homes" to operate a foster group home located at 4100 160th Lane NW (PIN 18-32-24-41-0008). Attached is a proposed resolution for your review and adoption. ~) (j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -91 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF "STEPS OF SUCCESS HOMES" (DAYTON JAHN) TO OPERATE A FOSTER GROUP HOME LOCATED AT 4100 - 160TH LANE NW (PIN 18-32-24-41-0008). WHEREAS, "steps of Success Homes" (Dayton Jahn) has requested a Special Use Permit to operate a foster group home located at 4100 - 160th Lane NW (PIN 18-32-24-41-0008); and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was some concern regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow "Steps of Success Homes" (Dayton Jahn) to operate a foster group home at said property with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection. 2. The shelter shall be limited to no more than ten (10) adolescent girls per State licensing regulations. 3. The applicant shall provide proof of license with the state of Minnesota and inspection forms from Anoka county. 4. The property shall be inspected by the city Fire Marshal. Adopted by the City Council of the City of Andover on this 7th day of May, 1991 CITY OF ANDOVER ATTEST: Kenneth D. Orttel, Mayor victoria volk, City Clerk o Planning and Zoning Commission MInutes - Ap~II 23, 1991 Page 6 (PublIc Hea~ing: Special Use Pe~mit - Steps of Success Homes, Cont.) The Commission noted the City has no part in the covenant and cannot be its enfo~ce~. Chai~pe~son Peek asked if anyone in the audIence would ciaim autho~ship to the lette~ sent to the City listing the 12 conce~ns of this p~oposal. No one came fo~wa~d. MOTION by Apel, Seconded by Janak, to close the public hearing. Motion carried on a 6-Yes, i-Absent <Pease) vote. In further discussion, the Commission did not feel it is appropriate to accept a unsigned letter of objection. It was ag~eed that fencing would not be appropriate since it is a 2 1/2-acre lot. MOTION by McMullen, Seconded by Jovanovich, to recommend app~oval of the Special Use Permit requested by Steps of Success Homes (Dayton Jahn) to operate a foster group home located at 4100 160th Lane NW. The Commission fInds the ~equest meets the criteria established in Ordinance No.8, Section 5.03, including: the use wll I not be detrimental to the health, safety, morals or gene~al welfare of the community: the use will not cause serious traffic congestions or hazards: the use will not depreciate surrounding prope~ty; and the use is in harmony with the Comprehensive Plan. A condItion of the pe~mit is that it is to be subject to an annual review by Staff. The shelter shall be limited to no mo~e than 10 adolescent girls per State licensing regulations. The applicant shall provide proof of license with the State of Minnesota and inspection forms from Anoka County. Also, that the City Fire Marshal inspect the premises. A publiC hearing was held and there were some concerns raised. Motion carried on a 6-Yes, i-Absent <Pease) vote. to the City Council at their May 7, 1991, meeting. This item wil I go 9:03 p.m. PUBLIC HEARING: LOT SPLIT/VARIANCE - JEROME LOTHSPEICH. 3629 143RD AVENUE NW o Mr. Carlberg reviewed the request of Jerry Lothspeich to split a .77-acre lot into two separate lots at 3629 143rd Avenue NW, Auditor's Subdivision 82. The lot split will require a variance for both parcelS for lot area, and the northermost parcel will require a variance for lot width. The lots will be 90x150 feet and 113.16x150 feet. Because sewer and water is now available to these lots, the Staff is ~ecommending the lots be split to meet the R-4 ~equi~ements even though the parcel is zoned R-3. The reason for the smaller lot on the no~th is to avoid a grove of trees and a garden. The applicant is to pay $400 park dedication fee upon City Council app~oval of the' lot split. -The hearing was:opened for publiC testimony. No one came forward. / , ~ r- \ \. ' J Planning and Zoning Commission Minutes - April 23, 1991 Page 3 (Public Hearing: Preliminary Plat - Kobs First Addition, Continued) MOTION by McMullen, Seconded by Dehn, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Pease) vote. The Planning Commission discussed the variance requests. Though most preferred not to see this many variances, It was recognized that there is a hardship with the configuration of the property and with the large amount of wetland Involved; so some variances may be needed to allow the property to be developed. Mr. Haas thought that It may be necessary to rearrange a few of the lot lines to reduce the number of lot width variances. The original sketch plan which was given conceptual approval by the City Council had the lot width for Lots 5 and 6 at 157 feet. That was before the amendment was passed requiring 160 feet on cui de sac lots. After further discussion, the majority preferred to have Mr. Kobs and Staff look at it again with the Intent of reducing the number of lot width variances to one. A suggestion was also that it would be preferable to vary from a 300-foot lot frontage than from the narrower cul-de-sac lot frontage. Commissioner Apel preferred not delaying the Item but to forward it to the Council recommending approval of the proposed variances. Councilmember McMullen stated he didn't see how squaring up the lots would help any. Also, the variance requests along the cui de sac is consistent to what the City has done prior to the ordinance amendment. MOTION by Dehn, Seconded by Jovanovich, to table and reconsider the lot lines, to reevaluate the situation to try to find workable types of situations so that there Is only one variance. VOTE ON MOTION: YES-Peek, Dehn, Jonak, Jovanovich: NO-Apel, McMullen: ABSENT-Pease. Motion carried. Hearing tabled to next meeting, Tuesday, May 14. 1991. 8:15 p.m. PU~~~C ~EARING: SPECIAL USE PERMIT - STEPS OF SUCCESS HOMES. DAYTON JA 4 00 160TH LANE NW. TO OPERATE A FOSTER GROUP HOME Mr. Carlberg reviewed the request of Steps of Success Homes to conduct a foster group home at 4100 160th Lane NW. The home is a foster home for adolescent girls and has been operating there for the past three years without any complaints to the City or to the police. Since the notice of this hearing, the office has received a letter from the families in Fox Meadows listing 12 concerns to this permit. The Staff recommends approval of the request, feeling it meets all the criteria for granting a Special Use Permit. Mr. Carlberg also reviewed the conditions placed on a simlliar Special Use Permit granted in 1989 for a shelter for adolescent boys located on Round Lake Boulevard. o Planning and Zoning Commission Minutes - Ap~II 23, 1991 Page 4 (Public Hea~ing: Special Use Pe~mIt - Steps of Success Homes, Cont.> The hea~ing was opened fo~ public testImony. Jim La~son. 4121 160th Lane NW - questioned why the pe~mit is fi~st now being discussed when they have been in ope~ation fo~ th~ee yea~s. M~. Ca~lbe~g stated the Staff was not awa~e of this ope~ation. Kim Jahn. 4100 160th Lane NW - explaIned they contacted the City p~io~ to pu~chasing the home as to the ~equi~ements of the City to ope~ate a foste~ home of thIs type. She has a lette. In he. file f.om the City, which they had to submit p.io. to obtaining thei. State license. It states the o.dinance allows them to have up to ten child.en without a Special Use Pe.mIt. M.. Ca.lbe.g stated the CIty has a copy of that lette.. It dId not come f.om the PlannIng Depa.tment but f~om the Cle.k's office. The.e appea.s to have been a misinte.p.etation that this is a dayca.e type ope.ation. Ms. Jahn - explained they have ten adolescsent gi.ls and a.e licensed fo. that many th.ough the State Depa.tment of Co..ectlons. Thei. home has been inspected by the Fi.e Ma.shal and has to meet the health codes. They cont.act with Anoka County, but .eceive child.en f.om va.ious othe. counties as well. Ms. Jahn stated they have a good .eputation, a.e well liked, and have had good .epo.ts about thei. home. They have been doing this fo~ nine yea.s, six in G.and Rapids and th.ee he.e in Andove.. The child.en who come into thei. home a.e not chemically dependent; they a.e behavio.al p.oblems. They have two of thei. own child.en and will not accept gi.ls who a.e dange.ous. Ms. Jahn add.essed some of the conce.ns listed in the lette. f.om the nelghbo.hood .esidents. The gi.ls .ange in age f~om 12 to 17 yea.s old, but can stay the.e at age 18 until they g.aduate. The.e has neve. been any vandalIsm no. a .epo.t In the th.ee yea.s they have ope.ated in the CIty. The gi.ls a.e not allowed to play acId .ock. They do not leave the p.emIses wIthout pe.mIssIon. They have been a p.ivate co.po.atIon since 1988. The.e Is one full-time social wo.ke. who is at the house fou. days a week and one pa.t-time social wo.ke. who comes th.ee days a week. The onlY t.affic is thei. th.ee vehicles, the social wo.ke., when pa.ents pick up and .etu.n the gi.ls fo. a visit once a month. and an evaluatIon meeting eve.y th.ee months which gene.ates about seven vehicles maximum. The 9i.ls a.e not allowed to have vehicles. The gi.ls have a five-step behavIo. p~og.am whe.e they can ea.n ce.tain p~ivileges like going out fo. a walk. P.ivileges a.e lost fo~ inapp~op.iate behavio~ such as loud noises. They t~y to teach the gI.ls to be young ladies and to act as such. The ave.age stay is nine months to one yea.. The.e is 24-hou. adult supe.vision. o Ms. Jahn also~explained the c.ite~ia they must meet fa. thei. yea.ly license .enewaJ, not i ng the F i.e Ma.sha 1 must inspect them eve.y th.ee yea.s and the health official eve.y yea.. She stated she had no p~oblems with the c.ite.ia given fo. the othe. Special Use Pe.mit because they -a~e al.eady .est.icted by the State on these matte.s. o Planning and Zoning Commission Minutes - April 23, 1991 Page 5 (Public Hearing: Special Use Permit - Steps of Success Homes, Cont.' Terri Neises. 4101 S Enchanted Drive NW - stated she had nothing to do with the letter sent to the City. But she was concerned that since this Is a corporation, the Jahn's could move on and have someone else manage the home and then there may be prOblems. She had some concern about the depreciation of their property values, though it doesn't affect her as much since she Is behind this residence. Mr. Carlberg explained the permit goes with the property; however, If there are complaints, the City wil I investigate and can revoke the permit. Ms. Neises - stated the neighbors generally do not complain about some of the noise, but she said there has been occasional noise in the summer. She hasn't seen any increased traffic. But if she decides to sell, she felt it will be a negative stigma to have the foster home behind them. After further discussion, the Commission pointed out that with children in the neighborhood there Is going to be a certain amount of noise. Ms. Jahn - stated they do not allow loud music. The girlS are very limited, expressing surprise about the comment. She is there full time 24 hours a day, seven days a week, unless she has a day off. The Commission suggested the residents exchange phone numbers and discuss any problems with the Jahn's when they arise. Paul Dennie. 4020 160th Lane NW - stated right now the home looks nice and he has no prOblem with the foster home. How long would it take the City to revoke the license if there are a lot of complaints. He stated he does not endorse the letter sent to the City. Mr. Carlberg stated the revocation procedure would begin right away and shouldn't take very long. David Groth. 4130 160th Lane NW from and who sends them there. letter sent to the City. - asked where the children come He stated he does not endorse the Ms. Jahn - stated the girls come from various counties within the State of Minnesota, but the majority are from Anoka County. The girlS are sent to them through the courts because of their behavioral problems. ,. ) '---' Helen Braaten. 4040 160th Lane NW - stated about a year ago one of the girls knocked on her door because she was locked out of the house and no one was home. That girl stated she was into drugs. She was also concerned about the people who come to visit these girls. Ms. Braaten felt the other girls were less rowdy than the ones there now. She also could not endorse all of the letter sent to the City. She also asked whether this is covered by the covenant they signed wh~n they moved into the neighborhood. Ms. Jahn - did not know which girl she was_referring to, but it probably was that the girl had tried drugs at some time. - (J u City of Andover County of Anoka state of Minnesota Rf~ E C F i V lCD' , ~ Lf b~ I r;;;~~~ . ,- CITY OF ANDOVER Andover City Hall 1685 Crosstown Blvd. N.W. Andover, Minnesota 55304 REF: Special Use Permit request of Steps of Success Homes (Dayton Jahn) to operate a faster group home at 4100-160th Lane N.W., Andover, MN - PIN18-32-24-41-0008. We are are contesting the special use permit for a foster group home in our neighborhood. Also listed are reasons it is being contested. 1. Depreciation of property value. 2. Risk to neighborhood safety. '~" Vandali=;,m. 4. Acid rock music played all summer long- disrupting our quiet neighborhood. 5. Kids playing in the street constantly. 6. Inadequate area for the number of foster kids. 7. We moved here with the intention this area was zoned residential not for operating a foster group home. 8. If it's a business he's operating he should be paYlng business taxes not residential property tax. 9. Vehicles coming and going until all hours of the night. 10. Noisy - yelling and screaming constantly. 11. We were not contacted by any city zoning and planning commission to allow a foster group home to operate in our neighborhood - they just moved in. 12. In observation of this group home - he is strickly in the business to make alot of money - not for the welfare of the kids. ALL FAMILIES OF THE FOX MEADOWS DEVELOPMENT WE WILL B~ ATTENDING THE MEETING u CITY OF ANDOVER REQUEST F,OR 'PLANNING COMMISSION ACTION April 23, 1991 DATE AGENDA ITEM 4. Special Use Permit "steps of Success Homes" 4100 160th Lane NW ORIGINATING DEPARTMENT-=D Planning ~ David L. Carlberg City Planner APPROVED FOR AGENDA BY: BY: REQUEST The Andover Planning and Zoning Commission is asked to review the Special Use Permit requested by "steps of Success Homes" (Dayton Jahn) to conduct a foster group home at the following described property: 4100 160th Lane NW (PIN 18-32-24-41-0008) APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03 lists the uses allowed by Special Use Permit. In a single Family Rural District, foster group homes '(rest homes) are allowed under a Special Use Permit. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. The use would not have a detrimental effect. The use would provide a service to the City. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. The use, being operated at the current location for the past few years, has not created any unusual traffic conditions. The City has not received any complaints to date in regard to this matter. No detrimental traffic conditions should be created. 3. The effect on the values of property and scenic views in the surrounding area. r--"" In determining if the use would have a negative impact on the adjacent property values, Staff contacted John Leone, Assessor, Anoka County. Mr. Leone informed me that a foster group home should not depreciate adjacent properties unless the home would become dilapidated. '---' There should not be any negative impact on the scenic views. o Page Two SUP - "steps of Success Homes" 4100 160th Lane NW April 23, 1991 4. The effect of the proposed use on the Comprehensive Plan. The use would be consistent with the Comprehensive plan. GENERAL REVIEW Mr. Jahn has been operating the foster group home at 4100 160th Lane NW for the past few years. The City, to date, has not received any complaints on the operation. Also, Staff did not receive any objections to the foster group home upon mailing public hearing notices to those residents within 350 feet of the property. COaMISSION OPTIONS 1. The Planning and zoning Commission may approve the Special Use Permit requested by "Steps of Success Homes" (Dayton Jahn) to operate a foster group home located at 4100 160th Lane NW (PIN 18- 32-24-41-0008). The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan The Commission shall also make as a condition to the permit that the permit be subject to annual review by Staff. 2. The Planning and zoning Commission may deny the Special Use Permit requested by "steps of Success Homes" (Dayton Jahn) to operate a foster group home located at 4100 160th Lane NW (PIN 18- 32-24-41-0008). The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. 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(612) 755-5100 SPECIAL USE PERMIT property Address L.!/OO IGo.-t:J LAI Alvv' Legal Description of property: (Fill in whichever is apporpriate): Lot Block Addition PIN 1~'3;L-.2c.1~ I.J 1- f)~ attach the complete legal) plat Parcel (If metes and bounds, ********************************************************************* Reason for Request - -r O~..t. e..v b ,()v,.,I'J I /1""'1 ~()w-I-/N~ -Jo ~p~J~_ r..c> Y'I1 .L ,4"J.., P ...e..~.(.- A- .. ;"Oc.M/0i'1 " section of Ordinance R. 4/'. S-D3 Current Zoning , ~-I . ********************************************************************* Name of Applicant SfrbJ o-PS4CC-(S5 4rnt:.J- 1)~v!t:rnC!cJ,y/ Address 4100 /&o-fl:,. L~ tJV\! 1l"r'ioVLY. ~/) .5"0JO"'/ . aome phone rr:: fk ,BU. sine s s Ph, one '-I2;2...! J ~ 7 signature _ _ {?_~ Date :1-://~~/ /' . ********************************************************************* property Owner (Fee Owner) (If different from above) Address CJ Home Phone Business Phone Signature Date ********************************************************************* '. . ~. J' . ~PECIAL USE PERMIT PAGE 2 ~) Attach a scaled drawing of the property and structures affected showing: scale and north arrow: dimensions of the property and structures: front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. The names and addresses of all property owners within 350 feet of the subject property must also be provided. Application Fee: $150.00 Filing Fee: $10.00 Date Paid $50.00 3/ZtJ/q I Receipt # 371f1j-3 Amended Special Use permit Fee: CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a special use permit, the city council shall consider the advice and recommendation of the Planning Commission and: the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and lands, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive plan. t ,/ WJJI t r '1 '-.J ~ Dale W & pamela J Solberg 4141 - l60th Lane NW Andover, MN 55304 patrick J & JA Anderson 4041 - l60th Lane NW Andover, MN 55304 David T Groth 4130 - 160th Lane NW Andover, MN 55304 Allen J & Amy F Czeck 4021 S Enchanted Dr NW Andover, MN 55304 ,-~ ~ James D Larsen 4121 - 160th Lane NW Andover, MN 55304 Alan C & DV Phillips 4021 - 160th Lane NW Andover, MN 55304 Christopher & H Braaten 4040 - 160th Lane NW Andover, MN 55304 James P & Lois E Bordwell 4041 S Enchanted Dr NW Andover, MN 55304 Cyril & Donna Larson 4101 - 160th Lane NW Andover, MN 55304 Gary & Margaret Mulville 15921 Dakotah NW Andover, MN 55304 Paul J Dennie 4020 - 160th Lane NW Andover, MN 55304 Gerald & Theresa Neises 4101 S Enchanted Dr NW Andover, MN 55304 r--- \.) I I: CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . 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 public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, April 23, 1991 at the Andover City Hall, 1685 crosstown Blvd. NW, Andover, MN to review the soecial Use Permit request of steps of Success Homes (Dayton Jahn) to operate a foster group home at 4100 160th Lane NW (PIN 18-32-24-41- 0008). All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover city Hall for review prior to said meeting. ,f~~ Vh victoria Volk, city Clerk publication dates: April 12, 1991 April 19, 1991 :=) _..~..._._-_.. ,,' "; "~~~''''~'.",,~. CITY OF ANDOVER o ";?CA-"'t~;~ /( ;;~~, l /"- ~ ~ ,~ ~'9" ii' T\. ",;;:t "'~"~'~"""'_'!I':!"lli+"ji~' REQUEST FOR COUNCIL ACTION May 7, 1991 -r,ot. :;PJ.J. t./varJ.ance Jerry Lothspeich 3629 - 143rd Ave NW. DATE ORIGINATING DEPARTMENT :J) Planning ~ David L. Carlberg, City Planner ITEM NO. ,-/,. APPRO ED FOR AG('>~ AGENDA $.ECTION . NO. DJ.scussJ.on Items BY: BY: I lJ REQUEST The Planning and zoning Commission, at its regular meeting on April 23, 1991, reviewed the request for a lot split by Jerry Lothspeich located at 3629 - 143rd Avenue NW. The .77 acre parcel will be split into two separate lots of .31 acres and .46 acres. The lot split request will require a variance for both parcels in regard to area and for the northernmost parcel in regard to lot width. The purpose of the lot split is to create a lot for the construction of a single family residence. BACKGROUND The proposed lot split/variance request is for property located in Auditors Subdivision No. 82. The property is zoned R-3, Single Family suburban. An R-3 district is characterized by having wells and septic systems. However, the lots in Auditors Subdivision No. 82 are equipped with city sewer. Therefore, the lot can be developed as an R-4, Single Family Suburban density. For further information please consult the attached staff report presented at the April 23, 1991 Planning and zoning Commission meeting. APPLICABLE ORDINANCES Ordinance No. 40 regulates the division of lots. Ordinance No.8, Section 6.02 establishes the provisions for minimum lot width, lot depth and lot area in an R-3 zoned district. Ordinance No. 10, Section 9.07.10 establishes the minimum area of land dedicated to park and open space, and the amount to be paid in lieu of the park dedication requirement. The applicant is required to pay a park dedication fee of four hundred ($400.00) dollars. COUNCIL ACTION ,-) MOTION BY '-- TO SECOND BY o Q Page Two Lot Split/variance - Jerry Lothspeich 3629 143rd Avenue NW May 7, 1991 RECOMMENDATION The Planning and zoning Commission recommends approval of the lot split/variance request; and finds that the request is in compliance with Ordinance No. 40 and that section IV allows the Council to vary the application of any of the provisions of the Ordinance; and that the request be subject to the applicant paying a total park dedication fee of $400.00 upon City Council approval of the proposed lot split. Attached are the Planning and zoning packet materials, the minutes from the April 23, 1991 meeting and a resolution for your adoption. o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -91 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF JERRY LOTHSPEICH TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Jerry Lothspeich has requested a lot split and variance to create a lot for the construction of a single family residence on the property located at 3629 - 143rd Avenue NW (PIN 29-32-24-31-0027); and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the Planning and zoning Commission finds the request is consistent with the Comprehensive Plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the lot split and variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow the lot split and variance on said property with the following condition: 1. That the applicant pay a park dedication fee of $400.00 pursuant to Ordinance No. 40, Section 9.07. Adopted by the City Council of the City of Andover on this 7th day of May, 1991 CITY OF ANDOVER Kenneth D. Orttel, Mayor ATTEST Victoria Volk, City Clerk o Planning and Zoning Commission Minutes - April 23, 1991 Page 7 <Public Hearing: Lot Split/Variance - Jerome Lothspeich, Continued) MOTION by Apel, Seconded by Dehn, to close the public hearing. Motion carried on a 6-Yes, i-Absent <Pease) vote. MOTION by Jovanovich, Seconded by Dehn, recommend approval of the lot split/variance request of Jerry Lothspeich located at 3629 143rd Avenue NW. The Commission finds that based on Section IV of Ordinance No. 40, the City Council may vary the application of any of the provisions in Ordinance No. 40 and that the variance request is consistent with the intent of the Comprehensive Plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover. That the appl licant pay a park dedication fee of $400 upon City Council approval of the proposed lot split. Public hearing was held and there was no opposition. The reason for the request is to secure an additional lot for potential future sale and development. DISCUSSION: Chairperson Peek noted the neighborhood boundaries are already established, and he preferred using that line which would increase the sma I ler lot and reduce the size of the larger lot. Mr. Carlberg noted the grove of trees where that property line would be and the Council's concern to protect trees in the City. The lots as proposed do exceed R-4 requirements. The reason for the variance is because this is currently zoned R-3, which has larger size requirements. Jerrv Lothsoeich. 3629 143rd Avenue NW - stated there is a grove of plum trees and a willow trees in the middle. Also. his house is set back 55 feet, which would interfere with the back yard of the new lot and the grove of trees if the neighborhood boundary was used. Going 20 feet to the north solves the whole problem. Motion carried on a 6-Yes, 1-Absent <Pease) vote. This item will be on the May 7, 1991, City Council agenda. 9:20 p.m. The Commission recessed at this time: reconvened at 9:30 p.m. DISCUSSION - ORDINANCE NO. 23. EQUINE ORDINANCE o Chairperson Peek summarized the three areas of concern are the wel I separation, the separation of the shelter to the habitable portion of the dweiling, and a grandparenting clause in the ordinance. Mr. Carlberg reported the Staff "has found that as of January 1, 1990, the City no longer has authority to regulate all well construction and enforce well codes. That is now done by the Department of Health. o Planning and Zoning CommissIon Minutes - April 23, 1991 Page 6 <Public Hearing: Special Use Permit - Steps of Success Homes, Cont.) The Commission noted the City has no part in the covenant and cannot be its enforcer. Chairperson Peek asked if anyone in the audience would claim authorship to the letter sent to the City listing the 12 concerns of this proposal. No one came forward. MOTION by Apel, Seconded by Jonak, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Pease) vote. In further discussion, the Commission did not feel it is appropriate to accept a unsigned letter of objection. It was agreed that fencing would not be appropriate since it is a 2 1/2-acre lot. MOTION by McMullen, Seconded by Jovanovich, to recommend approval of the Special Use Permit requested by Steps of Success Homes <Dayton Jahn) to operate a foster group home located at 4100 160th Lane NW. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards: the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. A condition of the permit is that it is to be subject to an annual review by Staff. The shelter shall be iimIted to no more than 10 adolescent girls per State lIcensing regulatIons. The applIcant shal I provide proof of lIcense wIth the State of Minnesota and inspection forms from Anoka County. Also, that the City Fire Marshal inspect the premises. A public hearing was held and there were some concerns raised. Motion carried on a 6-Yes, i-Absent (Pease) vote. to the City Council at their May 7, 1991, meeting. This item wil I go 9:03 p.m. PUBLIC HEARING: LOT SPLIT/VARIANCE - JEROME LOTHSPEICH. 3629 143RD AVENUE NW r ~ ~/ Mr. Carlberg reviewed the request of Jerry Lothspeich to split a .77-acre lot Into two separate lots at 3629 143rd Avenue NW, Auditor's Subdivision 82. The lot split will require a variance for both parcels for lot area, and the northermost parcel will require a variance for lot width. The lots will be 90x150 feet and 113.16x150 feet. Because sewer and water is now available to these lots, the Staff is recommending the lots be split to meet the R-4 requirements even though the parcel is zoned R-3. The reason for the smaller lot on the north is to avoid a grove of trees and a garden. The applicant is to pay $400 park dedication fee upon City Council approval of the lot.split. The hearing was opened for public testlmony~ No .one came forward. - CITY OF ANDOVER REQUEST F,OR 'PLANNING COMMISSION ACTION April 23, 1991 ~ \ '-...J DATE AGENDA ITEM 5. Public Hearing: Lot Split/Variance Jerry Lothspeich 3629 - 143rd Avenue NW ORIGINATING DEPARTMENT 'I'-l Planning ~ . David L. Carlberg City planner APPROVED FOR AGENDA BY: BY; Request The applicant has requested to split a .77 acre lot into two separate lots of .31 acres (13,500 sq. ft.) and .46 acres (19,974 sq. ft.). The original lot is 223.16' x 150' and the resulting lots will be 90' x 150' and ~33..16' x 150'. The proposed lot split is located in Auditor's subdivision No..82 and .is zoned R-3, Single Family Suburban. The lot split request will require a variance for both parcels in regard to lot area. The northernmost parcel will require a variance in regard to lot width as well. Applicable Ordinances Ordinance No. 40 regulates the division of lots. A lot split is defined as "any division of a lot parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district." Ordinance No.8, Section 6.02 establishes the provisions for minimum lot width, lot depth and lot area in an R-3 district. The minimum requirements in an R-3 district are as follows: Lot width at Front Setback - Lot Depth - Lot Area Per Dwelling - 100 feet 150 feet 20,000 sq. ft. (.46 acres) Ordinance No. 10, Section 9.07.10 establishes the minimum area of land dedicated to park and open space. For all subdivisions the subdivider or developer may elect to pay in lieu of the park dedication requirements the sum of Four Hundred Dollars ($400.00) for each dwelling unit that could be constructed upon the proposed subdivided property. In the event the developer elects to pay said Four Hundred Dollar ($400.00) charge, the City may collect additional park fees in the event the developer re-subdivides the property in the future. General Revi"ew ,~ The purpose of the lot split request is to create a lot for the construction of a single family residence. The lots in Auditors Subdivision No. 82 are equipped with city sewer. The lot dimensions and area in an R-3, Single Family Suburban District,~are based on a lot that does not have city sewer but has a private septic system. Therefore, the lot Page Two Lot Split/Variance - Lothspeich 3629 - 143rd Avenue NW ~ April 23, 1991 split/variance request should be reviewed as if it were zoned R-4, Single Family Urban. This district is characterized by having sewer and the following lot requirements: Lot width at Front Setback Lot Depth Lot Area Per Dwelling 80 feet 130 feet 11,400 Sq. ft. (.26 acres) The fact that sewer is available to the property should be considered by the Commission when making their decision. Commission Options 1. The Planning and zoning Commission may recommend approval of the lot split/variance request of Jerry Lothspeich located at 3629 - 143rd Avenue NW. The Commission finds that based on Section IV of Ordinance No. 40, the City Council may vary the application of any of the provisions in Ordinance No. 40 and that the variance request is consistent with the intent of the Comprehensive Plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover. 2. The Planning and Zoning Commission may recommend denial of the lot split/variance request of Jerry Lothspeich located at 3629 - 143rd Avenue NW. The Commission finds the request does not meet the requirements of Ordinance No. 40. In denying the request, the Commission shall state those reasons for doing so. 3. 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Legal Description of property: (Fill in whichever is approp~iate): Lot Block Addition Plat~b09/ Pa~cel /0;)0 PIN ,/ ,;)9"?,;:);Jt! 3/00.:) 7 (If metes and bounds, attach the complete legal) --------------------------------------------------------------------- Reason fo~ Request ,z::; ~ wJ ~r~ ~ ..fiz ~L~~,.~ y- &L./~ I l ! Current zoning ~-3 --------------------------------------------------------------------- Name of Applicant ;Jel'omp 1 o Jj<;J).e<!" ~! / Add~ess 3(,d'J-/C/?'.z-t /1-LE,N.W. Home E'hone q~/- 5""' 7/ Business E'hone & 3/- 0737 ~~~::~:::_~~_:~~~-----------~:~:_-~~~:~-~~~------- p~ope~ty Owner (Fee Owne~) (If diffe~ent f~om above) Address Home E'hone Business phone Signature Date . - --------------~------------------------------------------------------ .' .:0 ~ " \~ .... 4. LOT SPLIT PAGE 2 Attach a scaled drawing of the proposed split of the property showing: scale and North arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent street names; location and use of existing structures within 100 feet. The date the property became a lot of record, the names and addresses of all property owners within 350 feet of the property proposed to be split, and the complete legal description of the subject property must also be provided. I hereby certify that this property has not been subdivided within the last three years. ~~M~ gnature 0 App cant Lot Split Fee: $50.00 Filing Fee: $10.00 4/~./ 37 <0 }D Receipt it Date paid park Dedication: Date paid Receipt * r o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 VARIANCE REQUEST FORM property Address 3' ~'1- /4/-:5~ ~ /J. C& I Legal Description of Property: (Fill in whichever is apporpriate): Lot Block Addi tion plat b6011 Parcel /d.)o PIN;;:> r 3;)..,)<( 3/00 27 (If metes and bounds, attach the complete legal) ********************************************************************* Specific Hardship ~d~ Section of Ordinance 4,D+, 5.04; Current zoning &.01- {--~ ********************************************************************* Name of Applicant -:::Tf-t'-d/Vl-e L ~ ))5" r:>..e r ~j I Address :, to'::; 9 - /~3A--{/ /f- u: _ /tJ, Ctr Home phone </;;1-1-57, 74BUSiness phone &, v- 073/ Signaturey---vm- ~~ Date 3-;3/-? I ********************************************************************* property Owner (Fee Owner) (If different from above Phone Address Home Phone ,--.......\ , , '-/ Signature Date ********************************************************************* i 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 showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee:C 5:{T1fJ'1-f.. Family - $50.0~ Other Reques~~ - $7~.U .; Date paid 4/~/ Receipt ~. 37~/D 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 City Council finds that the request if it will be in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. ~~ - u_.____. --.- Mark E & Meghan J Kaitner 14329 Woodbine NW Andover, MN 55304 I- i; I ;~~le T & Carla J Lang \./299 Underclift NW Andover, MN 55304 Brian M & Deanna K Pratt 14348 Underclift NW Andover, MN 55304 James I & Barbara Roberts 14328 Vintage NW Andover, MN 55304 Mark 0 & Jeanne M Strand 14329 Vintage NW Andover, MN 55304 David J & DM Stanton 3648 143rd Ave NW Andover, MN 55304 David & Lynn Blackstad 14349 Vintage NW Andover, MN 55304 Boyd Ruud & Donna Flynn 14279 vintage NW Andover, MN 55304 Kenneth & JE Ebert 14309 woodbine NW Andover, MN 55304 Melvin A & Ester Niska 3737 143rd Ave NW Andover, MN 55304 (--\ina A McKenzie . 1"'0-]19 vintage st NW-- Andover, MN 55304 Jeffrey A & JC Rygwall 14339 Woodbine NW Andover, MN 55304 Dareld F & Cyritha Solberg 14289 Undercliff st NW Andover, MN 55304 Denis L & Jodi B Larson 14309 vintage NW Andover, MN 55304 Frances H & Akron P Forbes 14299 vintage NW Andover, MN 55304 Raymond & wendy Guimont 14358 Vintage NW Andover, MN 55304 Scott M & Rebecca Buchanan 3720 143rd Ave NW Andover, MN 55304 Bradley J & LL Chabot 14359 vintage NW Andover, MN 55304 Lawrence W Morris 14318 Underclift NW Andover, MN 55304 Harry & Ruth Ann Moberg 14289 woodbine NW Andover, MN 55304 Michael & Nancy Lee Nolan 14318 Woodbine NW Andover, MN 55304 Michael & Mary Vevea 14328 Underclift NW Andover, MN 55304 Michael J Majney 14349 Woodbine NW Andover, MN 55304 William F & CS Lefebvre 14278 Underclift NW Andover, MN 55304 John A & LP Johnson 14338 Vintage NW Andover, MN 55304 John & Cynthia Norton 14288 vintage NW Andover, MN 55304 Norman & Eldora Erickson 14348 vintage NW Andover, MN 55304 Martin & CC Castle 14339 Vintage NW Andover, MN 55304 stephen & Linda Sexton 14289 vintage NW Andover, MN 55304 William F & JM Goudy 14319 Woodbine NW Andover, MN 55304 Richard L Johnson Jr 3740 143rd Ave NW Andover, MN 55304 Kurt A Sundquist 3619 143rd Ave NW Andover, MN 55304 Michael & MB Harris 14278 vintage St NW Andover, MN 55304 Brian & Deanna Pratt 14348 Underclift NW Andover, MN 55304 ~~vid & Karen petermeier ( )328 Woodbine st NW rtndover, MN 55304 :J Scott C Roessler 14346 Woodbine NW Andover, MN 55304 Patrick P Nelson 14338 woodbine NW Andover, MN 55304 o (J ~ . . 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304 · (612) 755-5100 CITY of ANDOVER 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 public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, April 23, 1991 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the variance and lot split request of Jerome Lothspeich to allow for the division of a parcel that does not meet the minimum standards in an R-3 district as defined in Ordinance No.8, Section 6.02 located at 3629 - 143rd Avenue NW (PIN 29-32-24-31-0027). All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. i1~ itb Victoria volk, City Clerk publication dates: April 12, 1991 April 19, 1991 ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1991 DATE ITEM Public Hearing Cont. NO. Ordinance No.8, Sec. 5. 8 ORIGINATING DEPARTMENTl) Planning ~ David L. Carlberg City planner BY: AGENDA SECTION NQ Discussion Items REQUEST The Andover City Council is requested to review and amend the attached proposed amendment to the curbing requirements as defined in Ordinance No.8, Section 8.08 (E)(9). The proposed amendment reflects those changes made by the council on April 16, 1991. The item was tabled on April 16, 1991 because an ordinance amendment requires a 4/5 vote and there was not a full Council present. COUNCIL ACTION MOTION BY ',--/ TO SECOND BY u (~ ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO. 8000, EFFECTIVE AUGUST 7, 1990 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 8000, effective August 7, 1990 is hereby amended as follows: SECTION 8.08 CURBING REQUIREMENTS (E)(9). All driveways, loading areas, parking areas and storage areas shall be bounded by poured-in-place concrete curb and gutter for the purpose of traffic control, drainaie control, rotection of edestrian movement, rotection of andsca~ed eatures, aest etJ.cs an maJ.ntenance reventJ.on as deeme necessary y t e An over RevJ.ew CommJ.ttee, except for single family, two family, townhouse and quadriminium dwellings (a) The City may exempt curbing where the City has approved future expansion of the parking lot. (b) Poured-in-place concrete safety islands may be required to maintain a safe and orderly flow of traffic within the parking lot and shall be approved by the e!~y-EA~!AeeF Andover Review Committee. Adopted by the city Council of the City of Andover this ____ day of , 1991. CITY OF ANDOVER ATTEST: Kenneth D. Orttel, Mayor Victoria Volk, City Clerk -''''C'co_ o ,.lCA'''' ""'\'\ /} '~:~ i '.' T ,., ;';i ;.~j ", ~, ''i'\, ,,4" ",:!;,. ,.,Ji-!r \,~ 'If' ""_'1Ii"!""~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1991 ITEM NO.to. uroJ.nance NO. .lj\,: "Equine Ordinance" DATE ORIGINATING DEPARTMENT Planning David L. Carlberg, city planner BY: AGENDA ~ECTION . NQ DJ.scussJ.on Items {L APP.~... ~rrOR AG\:~ B'y;fl jI REQUEST The Andover City Council, on March 19, 1991, while reviewing a request for a variance in regard to well separation, tabled the request for no more than two (2) months while the Planning and zoning Commission addressed the following issues. 1. Can the City vary from state requirements in regard to shelter separation requirements between wells and the principle structure? 2. Examine Ordinance No. 23C and Ordinance No 8 and bring them into compliance with state requirements. . 3. Implement a grandparenting clause in Ordinance No. 23C. The Planning and zoning Commission in examining the above stated issues has made the following findings and as a result the following recommendations. FINDINGS AND RECOMMENDATIONS In regard to the City's jurisdiction as to well construction and code enforcement, the Commission has found that as of January 1, 1990, the City no longer has the authority to regulate well construction and code enforcement. The Department of Health presides over well construction and code enforcement. Therefore, the City cannot give a variance that does not meet state requirements. COUNCIL ACTION MOTION BY '---- TO SECOND BY C) <J page Two Ordinance No 23C May 7, 1991 In regard to separation requirements between shelters housing equines and wells and principle structures, the Commission finds that Chapter 7080, the Individual Sewage Treatment System Standards is governed by Chapter 4725, the Water Well Construction Code in regard to well-septic system setbacks. Chapter 4725 states that "a well shall be at least fifty feet (50') from a buried sewer, septic tank, subsurface disposal field, grave, animal or poultry yard or building, privy, or other contaminants that may drain into the soil." It should be noted that the fifty foot (50') separation is based on a well that has at least fifty feet (50') of water-tight casing and which penetrates at least ten feet (10') of impervious material such as clay. A one-hundred foot (100') separation is required if these requirements are not met. The Commission recommends that Ordinance No. 23C Section IV (B) and (C), be amended as indicated on the attached amendment. The Commission also recommends that Ordinance No.8, Section 8.19(F) remain as written. In regard to the grandpa renting of those equine operations in existance prior to the adoption of Ordinance No. 23C, the Commission recommends that a grandpa renting clause be added to Ordinance No. 23C. The proposed Section XIV is attached for Council review. Preceding sections shall be renumbered. o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 23C AN ORDINANCE RELATING TO THE REGULATION AND KEEPING OF EQUINES WITHIN THE CITY OF ANDOVER. SECTION IV. Shelter Requirements. B. Said shelter shall be located no closer than one hundred (100') feet from any occupied residence. Proposed B. Said shelter shall be located no closer than one hundred (100') feet from the habitable portion of any dwelling and fifty (50') feet from the abutting property lines. C. Unless State Health Codes require greater separation between shelter (accessory building) and the dwelling, the shelter setback shall be one hundred (100') feet from the well or habitable portion of the dwelling, whichever is closer, and fifty (50') feet from the abutting property lines. proposed C. The separation between the shelter (accessory structure) and the well shall be as established by State Health Codes. Note: the one hundred (100') feet as defined in Ordinance No.8, Section 8.19 and Ordinance No. 23 were taken from State Health Codes for shallow wells. (Per Dave Almgren) SECTION XIV. Grandparenting Any use or structure constructed for the purpose of sheltering equines lawfully exisiting upon the effective date of this Ordinance may be continued at the size and in the manner of operation existing upon such date as hereinafter specified. o Q Planning and Zoning Commission Minutes - April 23, 1991 Page 7 <Public Hearing: Lot Split/Variance - Jerome Lothspeich, Continued) MOTION by Apel, Seconded by Dehn, to close the public hearing. Motion carried on a 6-Yes. i-Absent (Pease) vote. MOTION by Jovanovich, Seconded by Dehn. recommend approval of the lot split/variance request of Jerry Lothspeich located at 3629 143rd Avenue NW. The Commission finds that based on Section IV of OrdInance No. 40, the City Council may vary the application of any of the provisions in Ordinance No. 40 and that the variance request is consistent with the intent of. the Comprehensive Plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover. That the appllicant pay a park dedication fee of $400 upon City Council approval of the proposed lot split. Public hearing was held and there was no opposition. The reason for the request is to secure an additional lot for potential future sale and development. DISCUSSION: Chairperson Peek noted the neighborhood boundaries are already established, and he preferred using that line which would increase the smaller lot and reduce the size of the larger lot. Mr. Carlberg noted the grove of trees where that property line would be and the Council's concern to protect trees in the City. The lots as proposed do exceed R-4 requirements. The reason for the variance is because this is currently zoned R-3, which has larger size requirements. Jerrv Lothsoeich. 3629 143rd Avenue NW - stated there is a grove of plum trees and a willow trees in the middle. Also, his house is set back 55 feet. which would interfere with the back yard of the new lot and the grove of trees if the neighborhood boundary was used. Going 20 feet to the north solves the whole problem. Motion carried on a 6-Yes, 1-Absent (Pease) vote. This item will be on the May 7. 1991, City Council agenda. 9:20 p.m. The Commission recessed at this time; reconvened at 9:30 p.m. DISCUSSION - ORDINANCE NO. 23, EQUINE ORDINANCE Chairperson Peek summarized the three areas of concern are the well separation, the separation of the shelter to the habitable portion of the dwelling, and a grandparenting clause in the ordinance. Mr. Carlberg reported the Staff has found that as of January 1, 1990, the City no longer has authority to regulate all well construction and enforce well codes. That is now done by t~e Department of Health. Planning and Zoning Commission Minutes - April 23, 1991 Page 8 o (Discussion - Ordinance No. 23, Equine Ordinance, Continued) John Bills. Chairperson of the Eauestrian Council - reported they investigated the ordInances in five different cities. Two cities had distance requirements between the horse shelter and house of 75 and 100 feet. The other three cities did not ~egulate the distance. None of the cities had any public health problems. The recommendation of the Equestrian Council is that all new construction of horse shelters should be 100 feet from the house and include a grandparenting clause in the ordinance for such distances at 50 feet. Discussion was then on a grandparenting clause. Mr. Bills recalls the discussion that all existing horse operations would be grandparented in and they would have one year to conform through the variance procedures with their operations. That provision was not added to the ordInance. After further discussion, the consensus was to include a grandparenting clause in Ordinance 23 for all legal horse shelters prior to the adoption of the ordinance. They didn't feel it is possible to get a variance on an illegal structure. MOTION by McMullen, Seconded by Dehn, the proposed changes to Ordinance No. 23C, Section IV. Shelter Requirements, C: strike the old "C. and add the new one, "The separation between the shelter (accessory structure) and the well shall be as established by State Hea I th Codes." Section IV, Shelter Requirements, strike the present "B" and replace it with the proposed nB", "Said shelter shall be located no closer than one hundred (100') feet from the habitable portion of any dwelling and fifty (50') feet from the abutting property lines." That a grandparentin9 clause be added for any legally existing structure for the shelter of equines as of the date of adoption of this new ordinance. Mr. Carlberg is to check with the City Attorney on the appropriate wording of a grandparenting clause. Motion carried on a 6-Yes, i-Absent (Pease) vote. The Commission then discussed the Rucks variance ~equest. It was felt that there is nothing to act on since the well separation issue is no longer under the control of the City. Also, the issue of whether or not the horse lean-to is a legal structure is an issue for the Building Department, not the Planning Commission. MOTION by Apel, Seconded by McMullen, that since changes in Ordinance 23C makes the variance ~equest moot, that the $50 variance fee be refunded to Carolyn Rucks and the whole matter dropped. Motion carried on a 5-Yes <Apel, Dehn, Jonak, Jovanovich, McMullen), i-No (Peek), i-Absent (Pease) vote. ~ The matter will be--placed on the May 7, 1991, City Council agenda. CITY OF ANDOVER REQUEST F,OR 'PLANNING COMMISSION ACTION April 23, 1991 ~) AGENDA ITEM 6. Discussion Ordinance No. 23C Separation Requirements DATE ORIGINATING DEPARTMENT Planning David L. Carlberg BY: Ci ty planner APPROVED FOR AGENDA BY: REQUEST At the April 9, 1991 Planning and zoning Commission meeting, the Commission tabled this item pending further information from Staff and the Equestrian Council. Staff was asked to report on the jurisdiction the City had as to well construction and code enforcement and also the well-septic system separation requirements. The Equestrian Council was asked to contact a number of metropolitan area municipalities to examine their requirements for well separations from shelters constructed for the purpose of maintaining equines. The Commission had also asked the Equestrian Council to contact the State Health Department to see if there have been any complaints or health problems relating to well location and shelters. Representatives of the Equestrian Council will be present at the meeting to report their findings. STAFF FINDINGS , In regard to the City's jurisdiction as to well construction and code enforcement, Staff has found that as of January 1, 1990 the City no longer has the authority to regulate all well construction and enforce well codes. The Department of Health presides over well construction and code enforcement. Staff, in researching the separation requirements between wells and septic systems, has found that Chapter~-e;7080 ;=-Pfhe~Individual Sewage'Treatment"'-system;,Standards is governed by Chapter ':4725', the Water Well Construction Code in regard to well-septic system setbacks (see attached). Chapte~1'4725nOOO states that "a well shall be at least fifty feet (50') from a buried sewer, septic tank, subsurface disposal field, grave, animal or poultry yard or building, privy, or other contaminants that may drain into the soil." Chapter 4725.2000 also requires a seventy-five foot (75') separation between wells and cesspools, leaching pits and dry wells. ChaRter 4725.2000 is attached for'Commission review. r " '-~/ :,;Page,Two. '.,' _, "'. . , ,Ordinance No. 23C- Separation.Requirements ~) ;.~~.Zi~~'!~~~'~:'~cr,'.;:l~~;Z~;.~::\:g'\Ji.'~::'~j.~';?'~..?';:Sj':i~;';~,~\~~:';t.F;'" . .' STAFF RECOMMENDATION ... --;.-'-.':. .~'::-:',;"'.~', .'.:, : "~'.' ....., .-.>--, .,.-....-, ," _...~~;;~.'~_. ..~.~.,..';.~~..-: ,..~,-~ . 1~Staff recommends the Planning 'and Zoning Commission, if deems ,it necessary, amend ~rdinance 23C to be consistent with ":.,State' regulations ,for weIland.. s~el ter separation.s. .., 2. Staff recommends that the Planning and Zoning Commission ; uphold their March 26, 1991 recommendation to deny the variance requested by Karolyn Rucks - 840 146th Lane NW. Staff finds it difficult to recommend approval of a variance that violates state codes as well as violates the City's building code. Staff recommends that the Chairman of the Planning & Zoning Commission report these findings to the City Council at their May 7, 1991 meeting. I \ ,:J . , ....,. - -- , \ o '" '" ~5~ ~a~ ;3~ ::I"'g 2.- -::1.- ;~g' '" 0. 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'" " S .. ;;l <T ;:; -lVl " " " l; :<".. "" '" ;< :::: 5' 3" c 3 .. " ;:;. " ~ 0. ;;; " " " " '" ~ ;;- ~ ~G Lf .",. ~1 ~ - .:J.,) c I cr c ~ ~ t ~ f H ~ ~ >::; ~ ~ " '" " " 3' " =. I/'- .;. ~ <.};! ....'" ;> f :<:- ~ <F 4'125.1900 WATER WELL CONSI"Rt!cnON CODE 4026 u E. Located at lust five (eet from a pro~eny line. A we!! constructed to produce water for a community public \Vate~ )upp/y sh:1l1 be locatc:d at least ~O feet from a property line. In l<X::ltin!! any 'Nell. ccnsideration s!t:1l1 be given to t!le sources of cont:unination :rom ad)3cer.t pr.;)perty. "CommunilY public waler supply" as prescribed in part 47:0.0:2OQ :'1:3ns a system providing piped water (or human consumpllcn. whic!l se~a I~ ~r"II.:e connections or living units ur reg~larly serva at lest 25 persons rc:sidin, ,n Ihe area for more th:1n si,~ months of the year. Statutory Authority: MS s IS6A.OI to IS6A.08 4725.lOOO D(ST~'ljCE FROM POLLtrnON OR CONTAMINATION SOGRCES. Subpart I. DiswIc:es.. A well shall be at lc::ut: A. One hundred fifty feet from a preparation area or storage area o( spray materiaLs. commercial feniIizers. or chemicals that may result in pollution o( the soil or groundwater. B. One hundred feet from a belO'N.~ade m:1nurc: storage area if in conformance with Minnesota Poilution C"ntrcl rule SW 52(2)(e). A belo.... grade manure slorage area may present a special hazard 10 groundwa:er =luality whlci may require a J~c:aler 'solaticn distance than pro',iclcd f"r in these: rlOlC3 depen<l:ng upon hydrolog,c anu gr:olcgic ccndilions. C. Seventy.five (~t from ceS3po.llS. leaching pits., anu dry 'Nells. ~D. Fifty feet from a buried sewer. septic lank, subsurface disposal field. grave. animal or poultry yard or building. privy, or other conlaminants that may drain into lhe soil. E. Twenty (c:et from a buried sewer constructed of cast iron pipe or plastic pipe (ASTM 2665 for polyvinyl chloride pipe or ASTM 2661 (or acrylonitrile.buladiene.styrene pipe, a.s prc::scribcQ in the Minnesota Plumbing Code, part 4715.0420, silbpan J with tested W1ltertigilt joints., a pit or unfilled space below ground surfac::, & sump or & petroleum storage tani eX~pt that a well may be drilled closer than 10 feet to an approved b:uemenl, but no cl=r than as provided in pan 4725.2100. A community public: waler supply well shall be isolaled at leul 50 feet from any source of Cl)ntamination. "Sump" means a watenight tank which' receives sewage or liquid waste and which i.s located below the normal gr:1de of the gravity system and must be emptied by I:Ieeha.,icaJ m=ns. . F. Wells with :asings less than SO feet in dc=plh and not encountering at least ten feet of imP,$rvious ltateri:1i sh:11l be loc:1tcd :It least 150 feet from cesspools. leaching pits., or dry wells and at least 100 feet from a subsurface di.sposaJ field. manure storage pile. or similar source of contamination. For example. a manure stonge pile. would be considered as a potential source ot Cl)nlamination 10 the well: however, the presence of animals in open pasture in an area would not necessarily concentrate conlOlmin:lnts to the degree that would C:1use contamination to enter the groundwater. Subp. 2. Waste IaudfilL The gfe distance that a well should be Ioclteu from a waste landfill or waste stabili%ation pond (lagoon) caMOt be assignet.l a fixed number because of the v;uieties of l1ydrologic and geologic parameters usociated with the undetern:ined types and amounts of ltaterials that may be carried by groundwater from Ic:::cbates disch:lrgc:d (rom the w:ute landfill or w:ute stabiIiz.:lIion ponds (la;;oo.,s). Jt is !'CCOln1'1ended that wells aot be Io~;atet.l ill an area between the IandfiJ 'lr wute sLlbdizatiol1 ?<Jnds (lagoons) sites and th~ point of groundwatc:t' d~c:Uf3c lU :l surface ....ater source. Any well that may intercept leachatc:s from a I\,ute landfill or wasle ~tabilization plOnd (lagoon) by water withdrawal from tl:e well shall not be useu for potable water. o I ~ ~ '- ... ~ ~) VI w.. UVl :Z:w <U t-o:; ~5 ClVl . _ :z: -0 0_ ;::>- :s~ 0- VI:X: -< . t- ) :z: 0:;0 OU :z:Cl 0:Z: -< t-VI c:2~ <~ c..W W:J< VI:z: :x:W ~W -~ _W ::::c:J :x: o n. 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"" - ;:-.,. -- U-J_>- ~;~~-< /.......... ~~vtCD I I ~l// o ~ ;:2 E Ci;:: . . 111 = ... : <9f '" '" - o c '" -.J t o c:~ ~ ~~ 0" c: "'OE~ c: .<: u ,.,,, ~ - .<:-~ '" u c: o "'0 ~ U c: ~ _ u .c: '- O"O'.J Q.J C:::J.c '" ~ __ u u . u '- ~.." '<:uO "'~ _ i1 .~ . 0 .. ~- u"~ ~ 0 _ _- c: ;&>-- .. E ~ u _ o o.~ E c ~_ 0 u U u_ ~ 0 E o 0-'- ~ u- u u- '- > ~ ..0-- .c:- ~O ~.... -... 0- c......'" u u.c: O__aJ -0 . - - '" .c: 1 c u -0- _ AI U '- J:........u ,;..-.... .. u c ........O~ u_ C u u u u ... :- a. Q .oJ o CITY OF ANDOVER REQUEST FOR PLANNING COMMiSSION ACTION AGENDA ITEM 6. Discussion Ordinance No. 23C and No. 8 separation Requirements DATE ORIGINATING DEPARTMENT April 9, 1991 Planning APPROVED FOR AGENDA ~ BY: David L. Carlberg BY: Ci ty planne r REQUEST The Andover Planning and zoning Commission is requested by the City Council to review Ordinance No. 23C and Ordinance No.8 and bring them in to compliance with state law regarding well separation. The Commission is also to examine Ordinance No. 23C for a possible grandpa renting clause to the Ordinance. This item is brought to the Commission as part of the variance request by Karolyn Rucks (840 146th Lane NW) that has been tabled for no more than two months while the above is reviewed. Ms. Rucks had requested a variance to allow for a structure sheltering equines to encroach seventy six (76') feet into the required one hundred (100') foot well separation. state law requires a fifty (50') foot separation. APPLICABLE ORDINANCES Ordinance No.8, Section 8.19(F) requires "any building in which non-domesticated animals are kept to be a distance of one hundred (100') feet or more from any other occupied residence and any open or roofed enclosure in which animals are kept shall be a distance of fifty (50') feet or more from any occupied residential lot." Ordinance No. 23C, Section IV states that "the shelter setback shall be a minimum of one hundred (100') feet from the well or the habitable portion of the dwelling, unless state Health Code requires a greater separation." HISTORY In researching how the one hundred (100') foot separation was implemented into Ordinance No. 23C, Section IV, Staff has found that this number was taken from Ordinance No.8, Section 8.19(F) for consistency purposes between the two ordinances. On September 6, 1990, the City Council made an amendment to the Ordinance (238) that is currently existing in Ordinance No 23C, Section IV as defined above. Prior to this, the Ordinance was consistent with Ordinance No.8, Section 8.19(F). It should be noted that prior to September 6, 1990, there was no mention of a separation distance from the shelter maintaining equines and the well in Ordinance No. 23. It should also be noted that equines are not considered non-domesticated animals, but have been defined as ~~ ) pleasure recreatJ.on anJ.mals. OrdJ.nance No.8, SectJ.on 8.19(F) does not pertain to pleasure-recreation animals (see Section 3.02, Animals). It will be the role of the Commission and Council to determine if Ordinance No 23C, Section IV as currently written is too restrictive. o page Two Discussion - Ord No. 8 & 23C separation Requirements April 9, 1991 The question was also raised by the Council as to the grandpa renting of those properties who were raising equines prior to the adoption of Ordinance No. 23C. Staff's findings indicate that Ordinance No. 23C repealed those prior Ordinances (23, 23A and 23B) and that upon the adoption of Ordinance No. 23C on october 2, 1990, any lawfully existing operation prior to that date shall be grandparented. However, this does not apply to those properties who are maintaining equines in structures that are unlawful. They are not lawfully existing non-conforming uses. In the case of the Ruck's variance request, the structuie (lean- to) sheltering the equines on the property was constructed without a building permit and prior to the construction of the lean-to, a building was converted to a different use than allowed when the permit was issued. The structure is an unlawful non-conforming structure and encroaches into the required well separation whether by City or by State standards. Ms. Rucks should be required to locate a structure for the purpose of maintaining equines which meets the proper setbacks as set out in Ordinance No. 23C, Section IV. STAFF RECOMMENDATION 1. Staff recommends that Ordinance No.8, Section 8.19(F) remain as written. This is based on the fact that equines are defined as pleasure-recreation animals and Section 8.19(F) does not apply to them. 2. Staff recommends that the Commission, if deems it necessary, amend Ordinance No. 23C, Section IV to meet State requirements. The City has the right to be more restrictive than the State and this should be considered in determining if an amendment is necessary. 3. Staff recommends that no action be taken in regard to the grandparenting of those properties maintaining equines prior to the adoption of Ordinance No. 23C. 4. Staff recommends that the variance request of Karolyn Rucks (840 146th Lane NW) be denied. Staff finds that the equines are being maintained in a unlawful non-conforming structure encroaching into the required City and State well separation requirements. / " , I , ~ "'CA.'; """~~'\' ,r-~~.::., :~.r! ''\ 1 ,P ,j,_1;. .r'} ~ CITY OF ANDOVER ':) REQUEST FOR COUNCIL ACTION May 7, DATE 1991 ITEM NO, ,. ::~9i J" REQUEST ~ Karolyn Rucks has requested a variance to allow for th~Placement of an accessory structure (horse shelter) for the keeping of equines closer to the well than is permitted by city Ordinance and state regulations on the property located at 840 - 146th Lane NW (Lot 5, Block 1, Barnes Rolling Oaks Second Addition). Ms. Rucks constructed the shelter (lean-to) without a building permit twenty-four feet (24') from the well. ORIGINATING DEPARTMENT Planning AGENDA ~ECTION , NQ DJ.scussJ.on Items KUCKS varJ.ance 840 - 146th Lane NW David L. Carlberg, city Planner BY: ~ BACKGROUND The City Council, at their March 19, 1991 meeting, tabled the item for no more than two (2) months while the Planning and zoning Commission reviewed Ordinance No. 23C in relation to State regulations for well separations. The Commission has found that the state requires a well/shelter separation to be at least fifty (50) feet (Chapter 4725, the Water Well Construction Code). Please consult the documents from the previous item on Ordinance No. 23C for further support materials. RECOMMENDATION The Planning and zoning Commission recommends to the City Council that no action be taken on the variance requested by Ms. Karolyn Rucks. The Commission felt that with the proposed changes to Ordinance No. 23C and the State having jurisdiction over well codes and enforcement, that Ms. Rucks should appeal to the state for a variance. The Commission also felt the lean-to, being an illegal structure, is a Building Department issue and not a Planning and zoning issue. The Commission felt Karolyn Rucks should be reimbursed the $50 variance fee as well. COUNCIL ACTION MOTION BY \ ~ TO SECOND BY Planning and Zoning CommIssion Minutes - April 23, 1991 Page 8 ~) (Discussion - Ordinance No. 23, Equine Ordinance, Continued) John BIlls. Chairperson of the Equestrian Council - reported they investigated the ordInances in five different cIties. Two cities had distance requirements between the horse shelter and house of 75 and 100 feet. The other three cities did not regulate the distance. None of the cities had any public health problems. The recommendation of the Equestrian Council is that all new construction of horse shelters should be 100 feet from the house and include a grandparenting clause in the ordinance for such distances at 50 feet. Discussion was then on a grandparenting clause. Mr. Bi lis recalls the discussion that all existing horse operations would be grandparented in and they would have one year to conform through the variance procedures with their operations. That provision was not added to the ordinance. After further discussion, the consensus was to include a grandparentlng clause in Ordinance 23 for all legal horse shelters prior to the adoption of the ordinance. They didn't feel it is possible to get a variance on an illegal structure. MOTION by McMullen, Seconded by Dehn, the proposed changes to Ordinance No. 23C, Section IV. Shelter Requirements, C: strike the old .C. and add the new one, "The separation between the shelter (accessory structure) and the well shall be as established by State Hea I th Codes." Section IV, Shelter Requirements, strike the present "B" and replace It with the proposed "B., .Said shelter shall be located no closer than one hundred (100') feet from the habitable portIon of any dwelling and fifty (50') feet from the abutting property lines." That a grandparenting clause be added for any legallY existing structure for the shelter of equines as of the date of adoption of this new ordinance. Mr. Carlberg is to check with the City Attorney on the appropriate wording of a grandparenting clause. Motion carried on a 6-Yes, 1-Absent <Pease) vote. ,~ The Commission then discussed the Rucks variance request. It was felt that there Is nothing to act on since the well separation issue is no longer under the control of the City. Also, the issue of whether or not the horse lean-to is a legal structure is an issue for the Building Department, not the Planning Commission. MOTION by Apel, Seconded by McMullen, that since changes In Ordinance 23C makes the variance request moot, that the $50 variance fee be refunded to Carolyn Rucks and the whole matter dropped. Motion carried on a 5-Yes (Apel, Dehn, Jonak, Jovanovich, McMullen), i-No (Peek), i-Absent <Pease) vote. () The matter will be placed on the May 7,1991, City Council agenda. - ~,.", '~~~""'~;C'~~.. ~) (rA) \",,,,,,._-,,,,,,,,,,.,, CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1991 tiouJ.evara Encroachment Sprinkler Systems DATE ORIGINATING DEPARTMENT Building g/J/ Dave Almgren Building Official BY: ITEM NO.g, APPROtE; 10R AGEN/;'oo BY:~ :/ AGENDA S,ECTION , NQ DJ.scussJ.on Items REQUEST The Andover City Council is asked to review and discuss the attached Ordinance relating to the placement of underground lawn sprinkler systems encroaching into the boulevard or public right- of-way. BACKGROUND At the April 16, 1991 city Council meeting, the Council directed the City Attorney to review the State Statutes relative to lawn sprinkler systems in the boulevards and to make recommendations on the proposed ordinance. Attached for the Council's review is a letter from Bill Hawkins, City Attorney, indicating those recommendations or changes. Also attached, for Council review and approval, is the proposed Boulevard Encroachment Ordinance. COUNCIL ACTION MOTION BY '- TO SECOND BY ~) ,~ LAW OFFICES OF' Burke aJtd JlawkiJts SUITE tOt 299 COON RAPIDS 80ULEVARD COON RAPIDS. MINNESOTA 5~433 '-P"IO!:!.~(612178"'2998 lil.'\1 r-- ',7 ,o.'. . ;;. /: ~'lI c _ fj;.. ) ~~:j ~,'r..'~, .",..7 t.. '-.'~ 'I .' ,;. ~ 1......./ !] ~~ r.~:'':::- ~.-:.- ~ -} I /' :,~':; 1991}Jj - ..JF '~I\I'"'n\f- . ;:-'V'it2 I --1 JOHN M. BURKE WILLIAM G. HAWKINS April 22, 1991 Mr. James E. Schranr.z Andover City Hall l685 Crosstown Blvd. Andover, MN 55304 Dear Jim: I have reviewed r.he boulevard encroachment ordinance and have decided that, based upon the discussions of the City Council and che problems thac have existed in ocher communir.ies, it may be a good idea to have an ordinance regulating boulevard encroach- mencs. I have merely added a new Seccion 3 which would require che obtaining of a permit for any persons who would desire to place encroachmenr.s within the public right-of-way. I would recommend tha t you rer.ype r.he ordinance adding thi s section and present same co the Cicy Council. G. Hawkins WGH:mk Enc. o C) section 3. Permit. Any person who intends to place an encroachment as defined herein within the public right-of-way shall. obtain a permit prior thereto from the Building Official unless such encroach- ment is excepted pursuant to section 4 hereof. No permit shall be granted for encroachments which would be considered nuisances as defined in Section 4 herein. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 8 ORDINANCE NO. AN ORDINANCE REGULATING BOULEVARD ENCROACHMENTS AND PROVIDING FOR AN APPEAL PROCESS. The City Council of the City of Andover hereby ordains: Section 1. purpose It is hereby declared to be the policy of the City of Andover to promote and provide unrestricted and safe passage within boulevard areas in public rights-of-way while at the same time promoting the betterment of the aesthetic qualities of the community. The Council recognizes that certain encroachments located within the boulevard area will impede the safe and free flow of pedestrian traffic and will cause imminent danger to vehicular traffic, including bicycles, leaving the paved surface area. The Council further recognizes that certain improvements to the boulevard area will neither impede pedestrian traffic nor create imminent danger to vehicular traffic leaving the street. The Council also recognizes that certain encroachments which could constitute an imminent danger to vehicular traffic are permitted within the boulevard area out of necessity. In an attempt to balance these diverse interests, the Council adopts the following regulations. Section 2. Definitions A. Encroachment. Encroachment shall mean any object, live or inanimate, situated within a public right-of-way, including but not limited to, posts, trees, bushes, rocks, utility poles and boxes, retaining walls, etc. B. Boulevard. Boulevard shall mean that area of a public right- of-way extending from the back of the curb to the right-of- way limit. C. Impede. Impede shall mean the interference with pedestrian traffic to an unreasonable degree. D. Imminent Danger. Imminent danger shall mean the likelihood of damage to a vehicle or injury to a pedestrian upon contact with the encroachment. Section 3. Permit Any person who intends to place an encroachment as defined herein within the public right-of-way shall obtain a permit prior thereto from the Building Official unless such encroachment is excepted pursuant to Section 4 hereof. No permit shall be granted for encroachments which would be considered nuisances as defined in Section 4 herein. Section 4. Exceptions ~) The terms and provisions of this ordinance shall not apply to the following: a. Mailbox or newspaper delivery box stands consisting of a post no larger than four (4) inches by fou~(4T inches. -) , ~ b. Traffic and directional signs. c. utility poles and utility structures. d. Fire hydrants e. Bus shelters or benches Section 5. Nuisances. Any encroachment located within a public right-of-way which impedes pedestrian traffic or constitutes imminent danger to vehicular or pedestrian traffic on any boulevard constitutes a public nuisance. Section 6. Sight Triangles Encroachments within a sight triangle as defined in city Ordinance 8 shall meet the requirements of this ordinance or Ordinance 8, whichever is more restrictive. Section 7. Maintenance of Boulevard. Except as may be prohibited by this Ordinance or other provisions of the city Ordinances, the owner or occupant of property abutting a public right-of-way shall be responsible for the maintenance of the boulevard area adjacent to their property. The owner or occupant shall at a minimum maintain the lawn and trees in the boulevard. Any additional improvements made shall be maintained by the owner or occupant at their own risk and expense. The City shall not be responsible for the maintenance of or liable for injury to or from such improvements and the property owner or occupant agrees to hold the city harmless from any claims arising out of any injury or damage to or from such improvements. Section 8. violation. A violation of the Ordinance shall constitute a misdemeanor. Section 9. Enforcement. The Building Official shall be responsible for the enforcement of the provisions of this ordinance. Upon determining that a violation of the provisions of this ordinance exists, the Building Official shall, in writing, order the discontinuance of the nuisance and shall order the action necessary to abate such nuisance. Such order shall be served upon the owner and/or occupant of the premises involved, in person or by certified mail. The Building Official shall give the affected parties a reasonable period of time to abate the nuisance, which time may vary depending upon the nature of the encroachment. The Building Official may extend the time for compliance upon good cause being shown by the affected party. In no instance shall the time for compliance be less than seven (7) days nor more than six (6) months. (-J Section 10. Abatement of Nuisances. If no appeal is taken, if an appeal is denied or the order amended, and if the time for compliance or any e~tension thereof has expired and the nuisance is not abated, the encroachment shall be removed by an employee or agent of the city. The costs of such removal shall be recorded and forwarded to the City Clerk. The costs of removal together with a reqsonable administrative charge shall be certified to the property taxes for said property~ o Section 11. Appeal Any party aggrieved by an order of the Building Official may appeal such decision to the Andover Review Committee. The appeal must be taken within seven days after the receipt of a written order from the Building Official, by the filing of a notice of appeal on forms provided by the Building Official. Such notice of appeal shall contain the names and signatures of all parties aggrieved and the grounds upon which the appeal is being taken. The matter shall be reviewed by the Andover Review Committee within seven days. The applicant shall be notified of the findings in writing. Section 12. Appeal to Council All decisions of the Andover Review Committee shall be subject to appeal to the City Council in the following manner: A. Within seven days after the Andover Review Committee has made its decision, the Building Official shall notify the applicant of its decision and of the applicant's right to appeal. Within seven (7) days thereafter, the applicant or any person aggrieved by such decision may file with the Building Official a written request that such decision be appealed to Council. B. The Building Official shall refer the matter to the City Council within ten (10) days of such appeal. The appeal shall be placed on the agenda of the next regular Council meeting. The Building Official shall notify the appellant of the date, time, and place of such meeting. The appellant may appear in person or with counsel, and present evidence in support of his appeal. C. The City Council shall have the authority to affirm, amend, or reject the decision of the Andover Review Committee. An amendment to or rejection of the Andover Review Committee's decision shall be adopted by an affirmative vote of at least two-thirds (2/3) of all members of the Council. Section 13. Paramount Public Use. The City or any of its agents and/or any utility company authorized by law or the City to utilize the boulevard area shall have a paramount right to use of the boulevard area, subject to control by the city. Any improvements placed in the boulevard by the owner Qr occupant shall be removed at the owner's or occupant's expense if the boulevard area is needed for a paramount use. This shall include, but not be limited to, the installation of new or repair or replacement of existing utilities. Adopted by the City Council of the City of Andover this day of , 19 CITY OF ANDOVER Attest: Kenneth D. Orttel - Mayor ''l \.~ - victoria Volk City Clerk CA. ei".",e'.,,,.,'c,,.. c "~ ,;' -'.. ~ '~ ;J, M V :i '1, " ') ;1 . i! ~ ~ ~ 3 ,-" ;'''~.''c'''rr'~'iII>~;~i;;:Ji,'if';.j,~il CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 ITEM NO. q, Taxes/H. Smith Property ORIGINATING DEPARTMENT Administration ~ BY: James E. s4~antz AGENDA SECTION NO. Discussion Items The city Council is requested to authorize the payment to Hubert S. and Loretta A. Smith in the amount of $248.02 for taxes. See Bill Hawkin's letter explaining the over billing of the Smiths on their property taxes. \_~ MOTION BY TO COUNCIL ACTION SECOND BY LAW OFFICES OF HUfKt nnd JlnwKins SUITE 101 299 COON RAPIOS BOULEVARO COON RAPIDS. MINNESOTA 55433 PHONE (61 2) 764-2996 ~J JOHN M. BURKE WILLIAM G. HAWKINS Apr il l6, 1991 :1 ~ E t, t~ ,j \~; if': D~' -':~:~li - -.' ~ 'i ~ :t::.:~ :0-\\-- . . j tlCYR 1 9 1991 1'. ,- CITY OF AI'JDOVER Mr. James E. Schrantz Andover City Hall l685 Crosstown Blvd. Andover, MN 55304 Re: Hubert Smith Property Dear Jim: I received correspondence from Hubert Smith regarding the parcel of property that we purchased from him in 1990. At the time we purchased the property we agreed that the 1990 taxes would be pro-rated bet.ween the part t.hat we purchased and the part that Mr. Smith kept. This would be based upon receipt of the 1991 tax statement. Mr. Smith has provided me a copy of the 1991 tax st.atement and based upon his discussions with the auditor has determined that. our share of the real estate taxes due on the parcel that he paid in 1990 would be $l24.0l. He furthermore states that the recording didn't get to the County Assessor's office in time to reduce the amount of his assessed value for 1991 taxes. Accordingly the assessed value was t.oo high on his home by $6,500.00. He has requested that the City reimburse him for the additional $l24.0l that he must pay for 1991 taxes also. I enclose for your information a copy of Mr. Smith's letter and his tax statement that he provided to me. Would you please present this to the City Council for payment to Mr. Smith of $248.02. G. Hawkins /'] " ./ WGH:mk Enc. cc: Mr. Hubert Smith , () ~-) a,-J ~/771 f11,y. tv'~ ~,--t--) _ ~ ~ ~~ ~ C(.. C-cjo- f-~J t~c-t~4 bf~.:t+..... 1?71J-Cj/ ~~~.;:t-..[J. /1;:0... ~ ~ ~ ~,,-<-.::f ~~ 1'19/ ~ Y~1-. :t:L- +--..+ ~ Y::L- r~ ~ ~ ~ ~ ~ ~--- 7:-L:t- ::;t::L.. ~M tL<- ~ 1~~e.'r-:t~J~~(}~, ~~~~~~~ ~~'-c ~~~~,~4 . ~d} -/-;-~ ~ -:::U-.J- L ~\I,;f ~ . ~ ~~~1;) ..-v-~4.L'.A ~~ ...~r~J17/~ ~xi~ ...~~~~~~~ ..~-::LL...i-~~~~0 ~ .iI Bj () / ;).tri;J' 0-0 ~ :iJ ft) 7~lJ, ~ ~71 <Jd 'ot ~ ~/11/~~'~~~~ ..~4 ~ ~#'~5dO/~~ .1"/.;;1.", .~~~~~~._. .~~~~ ~tza-~~ 4 "J- ~ ~ .v<A--- +---~ ~ 1- . ~ ~ +""'-~ /1~O a.r.J/77/ ~ ..fId--1Y'''', rP~A-",';~~ ~~ ..~~ ~~ un '>>;QJ~/q7/' .. ~}f:::&loUiLU'~ f"CA."'" """""\, ; ;~ j'{ ~';\ "':," ;" ,-) \ i 't'~''':~.'''c:'',",",''"''~i.;~l'',,;-?,'f'' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 ITEM NO. /0. REQUEST Approve Exercise of Option-Laptuta Prop. ORIGINATING DEPARTMENT Finance Howard D. Koolick~ BY: Finance Di rector / AGENDA SECTION NO. Discussion Items The Andover City Council is requested to approve exercising the option to purchase property from Walter and Rosemary Laptuta. BACKGROUND In November of 1986, the City purchased from Walter and Rosemary Laptuta forty acres of land along Hanson Boulevard. The City also purchased an option on purchasing the tract of land directly west of these forty acres (PIN 22 32 34 43 0002). The option to purchase this land expires November 1, 1991. The option agreement sets the purchase price at $56,100, of which, $3,400 was paid in 1986. The remaining $52,700 is payable as follows: Due at Closing Contract for Deed at 9% with semi-annual payments, first payment due 5-1-92 $ 5,270 $47,430 The 1991 budget includes the $5,270 required at closing. Budgets in future years will require outlays as follows: Year Principal Interest Total 1992 $ 9,486 $ 4,061* $ 13,547 1993 $ 9,486 $ 3,202 $ 12,688 1994 $ 9,486 $ 2,348 $ 11,834 1995 $ 9,486 $ 1,494 $ 10,980 1996 $ 9,486 $ 640 $ 10,126 Total $ 47,430 $ 11,745 $ 59,175 * Interest in 1992 assumes a closing date of November 1, 1991. See the following information for details on how the above will be affected COUNCIL ACTION ~ ) MOTION BY - TO SECOND BY Q Exercising the option prior to August 1, will allow the City to have the property classified as tax exempt, thereby saving the city from paying taxes on the property in 1992. However, since the option agreement says we will pay interest from the date of closing, the earlier the option is exercised, the higher the interest cost. The following is an analysis of the interest and taxes that the City will incur at various closing dates. The interest is calculated at 9% per the option agreement and the taxes are assumed to be $897.35 (a 7.5% increase over 1991 taxes of $834.75). June 3 July 1 Aug. 1 Sept 2 Oct. 1 Oct. 30 Interest 3,894.45 3,567.00 3,204.49 2,830.20 2,491.05 2,140.19 Taxes -0- -0- -0- 897.35 897.35 897.35 3,894.45 3,567.00 3,204.49 3,727.55 3,388.40 3,037.54 It appears that the best time to close on the property is either just before August 1, 1991 or as close to November 1, 1991 as possible. Closing just before August 1st will result in zero taxes since the City will be able to have the property classified as tax exempt but will result in nine months interest. Closing just before November 1st will result in six months interest plus taxes for 1992. It will not be known until late in 1991 or early in 1992 what the actual taxes will be. CITY COUNCIL OPTIONS 1. Authorize City staff to exercise the option on the property and specify an approximate date on which the City would like to close. 2. Choose not to exercise the option, let it expire and the property remain under the ownership of the Laptutas. 3. Table this item to a future meeting. 4. Other options as City Council deems appropriate. () ~) ~"\"";"";!~"~""'--'C!!o-",c., (CA) -:-;""'~L ",,_',"i" J!r....'..~I..~'- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE M;::!alT 7. 1Q9' ITEM NO. II. Sewer Hookup/2319 S. Coon Creek Drive ORIGINATING DEPARTMENT ro/~ / Building Dept. ~ BY: D. Almgren APPROViDS ::E) / AGENDA SECTION , NO. Staff, CommJ. ttee, Comm The property at 2319 South Coon Creek Drive is owned by Roland and Daryl Moore. On March 8, 1991 I notified them that their septic system had failed and was draining onto to the neighbor's property (see attached letter). Mr. Moore came in and said he could not afford to spend the money at this time. I said it has to be connected to the city sewer now because it had failed and that I would have to order it done. I also informed him that the cost would be certified to his taxes and he said that was fine. At this time, I have received only 1 bid which is about $1,600. The SAC and permit charges will have to be added which comes to $690.50. I will have all of the bids available at the meeting. If Mr. Moore wishes to connect to the city water, he will have to do that on his own. MOTION BY '--- TO COUNCIL ACTION SECOND BY ~) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304. (612) 755-5100 March 8, 1991 Roland C. & Daryl L. Moore 2319 South Coon Creek Drive NW Andover MN 55304 Dear Property Owners: Your septic system has failed and is draining on to your neighbor's property. When your septic system fails, you must hook up to city sewer. This is a health hazard and must be abated within ten (10) days pursuant to State Statute 145A.04. During the interim, your septic tank must be pumped by a licensed septic pumping company to reduce the drainage on to your neighbor's property. You must have a licensed plumber obtain the sewer permit and do the plumbing work. You might also want to connect to city water at this time. If you have any questions, please call. Sincerely, ~~ David Almgren . Building Official DA/jp :' ') '---" ~) (<A) ".~'~'~..""..c"'"!9t'i_.i'IF- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION , NO. Staff, CommJ. ttee, Commission ~J.M Newsletter Discussion I~. DATE ORIGINATING DEPARTMENT May 7, 1991 Karen Tommerdahl 'f;:. BY: Melanie DeLuca :g~[; FOR BY} The city Council is requested to determine the method for the printing of the City'S newsletter as the three month trial period for Express Printing is expiring with the May issue. The residents of Andover find the newsletter an informative source and use it as a means to find out what is happening in their city. The newsletter should be prepared in a responsible and professional manner because it represents the City and, for some residents, it is their only connection for information regarding Andover. We also feel the newsletter could be even more effective and informative if there was more input from other commission members and staff. There have been concerns expressed by staff and residents concerning continuing with Express printing for the City's newsletter. These include content of the overall paper, and the stability and reputation of Express Printing. with regard to content, the first issue of the newsletter had an article about Dennis Berg on the front page while there was no article about his opponent Gregg Kroll. Also on the front page was a banner stating "Official City of Andover Newsletter" so that it appeared to some that the City of Andover endorsed Dennis Berg. This is one example that while we have our own section of City information in the newspaper, we do not have control over other articles that will appear and regardless of their topic the City will be associated with them just because our newsletter is in the paper. with regard to the stability and reputation of Express Printing, they closed their retail shop without notice which left some residents stranded with their printing jobs. We did receive calls from residents stating they did not feel the City of Andover should continue to do business with Andover printing because of this fact. COUNCIL ACTION ) MOTION BY ,~ TO SECOND BY o (~ Page Two May 7, 1991 Newsletter Discussion Express printing has shown improvement since the first issue. They have been cooperative with the city by using a separate style on those pages containing City information and they changed the banner on the front page to read "Includes Official City of Andover Information". The City Council has four options; 1. Continue printing the newsletter with Express printing. 2. Return to printing the newsletter through the school district. 3. Request bids from other printers to print the newsletter in the same style as it is currently being printed. 4. Discontinue the newsletter. We recommend Option #3. We would like to continue the monthly newsletter but we think that other printers should be given the opportunity to bid and other printers have contacted the City asking to bid. We feel that getting information out to residents on a monthly basis is important and with the increase in postage it is prohibitive for the City to produce a monthly issue and pay for postage on the current budget. ~) C) I~~?~ ADVERTISING & PRINTING SERVICES P,O, Box 362 . Champlin, MN 55316 422-8110 . FAX 422-0413 May 2, 1991 City of Andover 1586 Crossto'M1 Blvd. Andover, MN 55304 ATTN: Karen Tommerdahl Melanie Deluca RE: Andover Express/City Newsletter Dear Karen and Melanie: After reviewing the past issues of the Andover Express with and without the "city pages", I would like to submit the following proposal. I feel that having the "officia I information" from the city has been a great asset to the Andover Express and its readers, Andover residents are now receiving more information, more often, I believe that the Andover Express is becoming the source for residents to get accurate information and quality advertising, Andover Printing closed for a few reasons, but most importantly, to focus on the fast-growing Express Newspapers, Express Advertising & Printing Services, is now publishing the Ramsey Express, the Champlin Express (the official city ne'NSletterforChamplin), the Andover Express, and now the Coon Rapids Challenge (official city newsletter for Coon Rapids), We have updated our time and deadline schedules to guarantee each paper goes out on time with accurate, timely information, We can do this now because we don't have the time restrictions of retail printing sales, from Andover Printing, After close review of our editorial policies and past issues we have developed the following new editorial policies to improve the public image and reception of our paper: Editorial Policy The Andover Express is intended to provide a major resource for communication to the citizens of the City of activities within the general Andover area and to promote a positive image of the area by providing concise, timely, accurate and useful information from and about the City, Andover Express will accept, and print letters to the editor, provided they are signed, with name, address, and phone number, and providing there is space available, We reserve the right to edit letters for length and/or clarity, The opinions expressed in letters to the editor do not necessarily reflect those of the Andover Express or the City of Andover, The Andover Express will NOT, unless approved by the City, be termed in anyway "The Official Newsletter of the City of Andover", C_) Political Editorials We will no longer accept, write or publish political editorials, Any political information will be printed either in the form of unbiased interviews (involving all candidates or none) or in the form of paid advertisements (all ads will appear on the same page, and will not be connected to the "city pages" in any way), Deadlines All deadlines will be set in writing, in advance of all publications, AAt changes to deadlines must be submitted to the City of Andover, in writing, at least 30 days prior to change to be accepted, The City of Andover must meet their deadlines for submitting information in order to guaranty publication deadlines, If a deadline is not met by Express Advertising, the city wi II NOT be charged for that publication. Distribution Andover Express will be bulk mailed direct to all homes in Andover at the expense of Express Advertising & Printing Services. Andover Express will also be mailed to all homes and businesses on the special mailing list provided by the City of Andover (this list can be updated monthly), Copies of AndoverExpresswillalsobeavailable at the City Hall, Anoka County Chamber of Commerce, Anoka Area Chamber of Commerce and at businesses in the Andover Area, Cost Cost will be determined per page, For pages set-up and submitted camera-ready by the city, the cost will be $75,00 per page, Pages produced by Express will be charged at $100.00 per page, Color, if available will be added to pages at no extra cost. Extra color if requested will be charged at $100.00 per plate (any extra color charges will be approved prior to publication). Critique The Andover Express staff will be available at any time after each publication for any comments, criticism or ideas the City may have, Thank you VeJ'f much for your time and consideration, if you have any further questions or concerns please feel free to ca II me! I look fOlWard to a long lasting relationship between the City of Andover and the Andover Express! Sincerely, c/a:Jt'Y/ &~ Jason Engen (J ""'":"'."-"~ ~-) CA.," ", ,<> ';'.~~, ,.i '"'. ;f ) 7~~,_,l- ''i;;CI'~.~.'I.f'''Jl:'!''!,"'ib~'''1i'';j>' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1991 DATE ITEM NO. 1'3. Community School Report BY: Melanie DeLuca AGENDA SECTION ORIGINATING DEPARTMENT NO. Staff, Committee, Comm. During the City Council discussions on the budget reduction plan, the Council requested an update on the Crime Watch, Community School and Summer School programs. Melanie DeLuca will be at the meeting to give you a summary of these programs. She also has another meeting that evening and should be arrive after 8:30 p.m. COUNCIL ACTION '_/ MOTION BY TO SECOND BY () ""e;"" :f{J1 C\ (r~) -~i,,- .;c,..- .<~."""",,;,~,,'j'l~''!Ji'' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 ~J.M AAA Lease, Cont, lif. ~ APPROVED FOR AGEN~ BY:/ / AGENDA SECllON , NQ Sta f, CommJ.ttee, Commission ORIGINATING DEPARTMENT Parks BY: Todd J. Haas The city Council is requested to approve the attached lease agreement with the Andover Athletic Association. The City Attorney and Roger Sharon, President of AAA, have met to discuss the lease. changes have been made and it is recommended to approve as presented. , ~- MOTION BY TO COUNCIL ACTION SECOND BY ~) ~~ EASEMENT AGREEMENT FOR ROAD The city of Andover, a municipal corporation, hereby grants an easement for road purposes on that part of the Northeast 1/4 of the Southeast 1/4 of Section 22 as described below: Beginning at the southeast corner of the northeast quarter of the southeast quarter, thence west along said south line of the northeast quarter of the southeast quarter a distance of 410 feet to point of beginning of said easement, thence north parallel with the east line of the northeast quarter of the southeast half a distance of 660 feet, thence west parallel with the south line the northeast quarter of the southeast quarter a distance of 20 feet, thence south parallel with the east line of the northeast quarter of the southeast quarter a distance of 660 feet, thence east along south line of the northeast half of the southeast quarter to the point of beginning. EASEMENT AGREEMENT FOR BUILDING The City of Andover, a municipal corporation, hereby grants an easement for building purposes on that part of the northeast 1/4 of the southeast 1/4 of Section 22 as described below: The west 150 feet of the east 560 feet that lies in that portion of the north 40 feet of the south 700 feet. r' . 1..;.1:":; :'1 A '"f" - :3 - '?.l .. ;...::::: I ........:.;.. .~. .:J o I,EASE ~HIS AGREEMENT made this day of , 19___, by and between the City of Andcver, a municipal corpora- tiee, ~e=einafter referred to a3 t~e Landlord, and the Andover Athletic Association, a nonprofit corporation, hereinafter referred to as Tenant. WITNESSETH: 1. LEASED PROPERTY. Landlord does hereby lease to Tenant the real property described in Exhibit A attached hereto and made d part hereof. 2. RENTAL PERIOD. The term of this lease shall be for a period of ten (lO) years commencing on the 1st day of January, 1990 and terminating on the 31st day of December, 2000 unless sooner te=minated upon mutual consent of the parties. 3. RENTAL CHARGE. Tenant agrees to pay as rental for the leased premises the sum of One ($1. 00) Dollar per year, payable in advance on the first day of each year of the term of this lease at the business office of the Landlord, or at such other places as may from time to time be directed' by Landlord. 4. UTILITIES. Tenant shall be responsible for the payment of all utilities, including heat, air conditioning, electrical, water, telephone, and gas furnished to the premises. 5. !;!,g. Tenant shall be granted the right to con- struct a building on the leased premises for the purpose of maintaining and storing athletic equipment for use by Tenant, () -1- ;'1 A..... - 3 - '?I:' .:: >:;: I .... ~ : '3 ..:+ F' .. \.:- :-::;.-; o conduct:':::; Tenan"t I a nor:oal business activities and occasional conces5~cn sales. ',. REPAIRS AND M..l\INTENANCE, Tenant agrees to keep the leased ?::emises continually in a neat, clean and respectable conditio... Tenant shall be responsible for all routine and normal maintenance and repair work during the term of this lease. 7. TENANT'S COVENANTS. Tenant covenants and agrees that du=i~g the term of this lease and for such further term as Tenant, or any other person claiming under it, shall hold the leased premises or any part thereof: A. Not to cause the estate of Landlord in the leased premises at any time during the said term to become subject to any lien, charge or encumbrance whatsoever, it being agreed that except as may be hereinafter specifically provided, the Tenant shall have no authority, express or implied, "to create a lien, charge or encumbrance upon the estate of Landlord in the leased premises; B. To keep the leased premises in good condition and repair. Upon termination of the lease, either by lapse of time or otherwise, to surrender, yield or deliver up the leased premises in as good a condi- tion as when received, reasonable wear and tear and damage by the elements or other causes beyond Tenant's control excepted. C. Not to make or suffer any use or occupancy of the leased premises contrary to the purpose of the lease or any law or ordinance now in effect or hereafter enforcedl D. To comply with all zoning and local ordinances regarding the use of the leased premises. 8. ASSIGNMENT AND SUBLEASE. Tenant ahall not without the consent of Landlord, assign this lease or its rights here- ~~ under or aublet the leased premises. .--2- ,', '"" ..( _ 3 - "'" 1 :: :~ I . .-c. : 34 F'~:::1~ o :J 9. HOLDING C'lER, In the event Tenant continues to occupy t~0 leased premises after the last day of any term herein created a~d Landlord elects to accept rent therefrom, a tenancy for yea,:=-::o-year only shall be created and not for any longer period. :N WITNESS WHEREOF 1 the parties hereto have hereunto set their handa the day and year first above written. CITY OF ANDOVER By Mayor By Clerk ANDOVER ATHLETIC ASSOCIATION By Ita By Ita -3- 1;",'<"'-'- I ~) (J :3-'::.1: 1 -...: .. ..::. "-' .. --r_, _' STATE OF MINNESOTA) ) 55. COUNTY OF ANOKA ) On this day of , 19___, before me, a Notary ?ublic within and for said County, personally appeared Ken~eth Orttel and Victoria Volk, ~o me known to be respectively the Mayor and Clerk of the City of Andover, a municipal corpora- tion, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said City. lto'Cary Public STATE OF ~INNESOTA) ) 55. COUNTY OZ;' ANOKA ) On this , 19___, before me, day of a Notary Public within and for said County, personally appeared and , to me known to be of Andover the and Athletic Association, a nonprofit corporation organized and existing under the laws of the State of Minnesota, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation. Notary Public This instrument was d~afted by: Burke and Hawkins 299 Coon Rapids Blvd., Coon Rapids, MN 55433 n01 _--4- :~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE M~y 7 1~~1 ITEM NO. Assessment Abatement /6'. Admin. ( U H~ll, \b. APPROV~~OR AGEN\[}l BY: II V AGENDA SECTION NQ Staff, Committee, Comm ORIGINATING DEPARTMENT BY: The City Council is requested to approve the abatement of the special assessments certified to the 1991 taxes for the property known as Lot 16, Block 1, Kensington Estates 2nd Addition (PIN 27 32 24 32 0071). The assessments were paid in full in October 1990 and I neglected to mark them paid. A motion approving the abatement is required so that the County Board can act on the abatement at their meeting of May 28th. MOTION BY , '--" TO COUNCIL ACTION SECOND BY I '" - OJ > '" , '" :J ,- ,~ 0 :J ~/-5 :s :> ~ ;;; <: 0 '" >. >. - - - c c - 0 :> 0 :> ::; 0 0 'J z u z u Commissioner of Revenue Abatement Form 5 (Rev. 6(89) APPLICATION FOR ABATEMENT - GENERAL FORM (M.S, 270.07) For Taxes Levied in 19 and Payable in 19 Please print or type, Complete in duplicate, If tax reduction exceeds $5,000, complete in triplicate, l;:plicant's Name I I .Iephone (work) ( '.iephone (home) ( , City of Andover pJ)"operty owner ) on behalf of Applicant's Mailing Address 1685 Crosstown Blvd Andover. MN 55304 N.W. ';:SCRIPTION OF PROPERTY , Property 1.0. or Parcel Number: School District No. 'reet Address (if different than above) I 11 I !egal Description of Property: I Lot 16, Block 1, Kensington Estates 2nd , I I , i"SSESSOR'S ESTIMATED MARKET VALUE: I land $ I ,PPLlCANT"S STATEMENT OF FACTS: i Special assessments were paid in full prior to October l5, 1990 and were i not marked as being paid. therefore, the 1991 payment was certified to the ! property taxes. I , I i I I I I I Structures $ Total $ Class i~PPLlCANT"S REQUEST i i Abatement the special assessments certified to the 1991 taxes under Fund 1446 in the amount of $75.10. () Applicant's Signature: Dai.:: NOTE: Minnesota Statutes 1988;Section 609.4 j, "Whoever, in making any-statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing, orabating any tax or assessment, intentionally makes a:,y- ;:2te~ent as to anv material matter which-the maker of the statement knows is false may be sentenced. unless otherwise . . '0-_ ,'_.~:.__-_:.__...__~_...l.-__~-""""'" .....L..._...L.... R::PORT OF COUNTY ASSESSOR'S INVESTIGATION (City Assessor in certain citieS) I hereby report that I have examined and carefully investigated the statements made in the foregoing application and find the facts to be as follows: r \ Assessor's Recommendation o Approved 0 Denied Assessor's Signature Telephone ( ) Date "- CERTIFICATE OF RECOMMENDATION BY COUNTY BOARD AND COUNTY AUDITOR I, the undersigned County Auditor, hereby certify that the following information is true and correct: Assessed Special Market Value!lax Gross Tax Assessments Total Value Capacity (include Payable (line one out) resolution} ORIGINAL I PROPOSED I REDUCTION , the undersigned County Auditor of the within named County, do hereby certify that a careful examination into the 311eaations and statements set forth in the within application has been made by the County Board of said County and by me 3nd-that from said examination we are convinced and believe that said allegations and statements are true, I further certify that, at a meeting held ' 19 ,said County Board, by official action upon said motion, duly adopted and entered upon the minutes OT ItS proceeaings as a public record, showing the names of taxpayers and other persons concerned and the amounts involved, made the following recommendation, with which I concur; that the assessed value/tax capacity of said property for said year be reduced to and fixed at $ I hereby certify the result of the adoption of said recommendation will be as follows: o TAX 1$ PAID DATE ,19 REDUCTION OF PENALTY $ o TAX 1$ NOT PAID REDUCTION OF INTEREST $ TOTAL REDUCTION/REFUND $ TAX CAPACITY RATE TOTAL PAYABLE $ Signature OT County Auditor Date ORDER OF THE DEPARTMENT OF REVENUE, STATE OF MINNESOTA REJECTION ,19 ACCEPTANCE Upon due consideration of the within application. it is ordered that the same be and it IS hereby rejected. Upon due consideration of the within appiication, it is ordered that: O the recommendation otthe County Board ane Co.nty Auditor be grantee. o 'Commissioner of Revenue By: The Auditor and Treasurer of Said Countv are hereov a\:thOrlzec and directed to maKe s\:ch changes In the re~ords and bOOKS of the" respective offices as may be necessary to carry out thiS order. \ Reason for rejection: Commissioner of Revenue By: '",?r =.: ,~) ~.,'. .,,.,;,'."..",":~,~, ""'CA"'" "'\r" ~ 0 ,;' ":" 1 ~! :t _~} ~\ /~!i '" / '~'~'~"""':~,fii'fEi~-'i;:;"" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION BY: v. Volk ~.bjY May 7, 1991 ~~~~~r FGA BY, \~ 'e90<di9 the AGENDA ..sECTION , NO. ~aft~ CommJ.ttee, Comm DATE ORIGINATING DEPARTMENT Fire Dept. ITEM NO. fIR. Award Bid/Air Packs Attached is information from the Fire Department bids for the self-contained breathing apparatus. A representative from the Fire Department will be present to discuss this with Council. ,~ MOTION BY TO COUNCIL ACTION SECOND BY ~) May 1. 1991 TO: Mayor and Council ~ FROM: SCBA Committee SUBJECT: SCBA Equipment bids The following bids were received for SCBA equipment <Self-Contained Breathing Apparatus): Total $37.643.00 3.019.20 $40.662.20 Eddy Bros. Co. (ISI) Alternate Total $40,700.00 2.600.00 $43.300.00 Alex Air Apparatus <Draeger) Alternate A third bidder. Clarey Safety Equipment (Scott) faxed an invalid incomplete bid which was not considered. The Fire Department is requesting awarding the bid to Alex Air Apparatus for Draeger SCBA equipment for the amount of $43.300 the fol lowing reasons. While Alex was not the low bid, it was the only bidder to fully comply with the specifications (See Specs.): 1d. Draeger face piece has double pressure seal which allows one size face piece to fIt everyone. Other manufacturer clSl) would require individual masks for each firefighter at an additional cost of $3,000 to $6,000. le. In our Department tests, Draeger had the clearest communications of any of the 6 SCBA tested. We feel this is a critical life safety standard. lJ. The ISI nose cup blows air direction into wearer's eyes when regulator is not in place <very irritating). 2a. Draeger provides better protection for first-stage regulator. 2g. Draeger has a 5-year warranty on al I parts. ISl has 3 years and excludes rubber parts and cylinders. 2i. ISI did not provide optional airline connectors in bid. ~J~ 3c, ISl does not provide debris cover which can enable dirt to ente~ face piece. o Mayor and Council/SCBA Bids May 1, 1991 Page 2 3d, ISI requires regulator to be inserted only one way <difficult in the dark with gloves on) and then must be twisted to activate a plastic switch. Draeger allows insertion with any orientation and has true automatic activation. 4a, Draeger's back plate is longer providing full back and tailbone protection. Its orthopedic design al lows it to rest on hips rather than shoulders. It feels better and lighter than any other pack tried. 5a. Draeger's double reflective strip on cylinder improves visibility. IS1 has single narrow reflective strip on strap. The firefighters generally felt Draeger to be of a higher quality. Smookers noted it breathed easier; however, both breathed wel I. The Draeger was also more comfortable <very important when carrying 30+ pounds on your back for hours). The low air whistle had an adjustable pitch which allowed user to differentiate his own system. The SCBA Committee noted far less field maintenance was required on the Draeger tanks; and in one field test, IS! blew an O-ring that could not be repaired on the scene. Another unit had a rasping sound which concerned us. Draeger performed without flaw. The Fire Department feels In this critical area of life safety that the best equipment available should be used and requests the Council to award other than the lowest bidder. (~) () -~~) ADVERTISEMENT FOR BIDS /orvy V l71 Sealed bids will be received by the city of Andover, Minnesota in the city Hall at 1685 Crosstown Boulevard N.W., until 10:00 A.M., C.S.T., on Tuesday, April 23, 1991, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all 'else necessary for the following: 20 _ 4500 lb. 30 minute air packs with face masks and cylinders included 20 4500 lb. 30 minute bottles 10 extra face masks for those units Also, as an alternate bid for 4 - 4500 lb. 60 minute cylinders specifications, proposal forms and contract documents may be seen at the office of the city Clerk and at the Andover Fire Department, Andover, Minnesota. payment for the work will be by check. contractors desiring a copy, of the specifications and proposal forms may obtain them (rom the office of the. city Clerk. The City council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the city. victoria Volk, city Clerk Andover, Kinnesota i' ': /, ,/:/ o ,,- ) '-J PROPOSAL FORI'!. BY EDDY BROS CO. DATE APRIL 17, 1991 ~ Honorable Mayor and city council Andover, Anoka County, Minnesota Attn: Vicki volk City Clerk Madam: pursuant to the' Request for Bids for ~elf-co~tained breathing apparatus specifications, we hereby submit the following proposal: 20 _ 4500 lb. 30 minute air packs with face masks and cylinders included {14-s-7,~""""'" -t;D. 29,150.00 20 .4500 lb. 30 minute bottles. h5l..?"-- 7,050,OCr' 10 extra face masks for those units 1/4k~ 1,443.00 Air packs @ Cylinders @ Face masks @ 1457.50 ea, 352.50 ea. 144.30 ea. ...Total Bid $ $ 37,643.00 Alternate bid for 4 - 4500 lb. 60 minute cylinders 60 min. Cyls. @ 754.80 ea. ...Total Bid $ 3,019.20 (I) (We) hereby certify that (I) (We) (am)(are) the only person(s) interested in this proposal as principal(s); that this proposal is made and submitted without fraud or collusion with any other person, firm or corporation whatsoever pursuant to the attached Affidavit of Non-Collusion; that an examination has been made to the Specifications, Special provisions and other circumstances pertaining thereto. Page Two ~) (I) (We) propose to furnish all materials specified, in the manner prescribed no later than Thirty (30) days following acceptance of the quote. (I) (We) further propbse to guarantee all equipment to be delivered to be in accordance with the specifications and'''s-pecl:al provisions; and to replace any equipment which may be rejected due to defective materials or workmanship, prior to final acceptance by the city of Andover. Respectfully submitted, J.?-ck Vi. Eddy Signed by c.,~ (,{J. ;ff;//k/ Firm Addr;~s 988 Randolph ~e. st. Paul, MN 55102 / ::) '. ." ". ..".., ~) ~J ( AFFIDAVIT OF NON-COLLUSION: RE: Bid to city of Andover for Breathing Apparatus for Fire Dept. I hereby sw;ar (or affirm) under the penalty for perjury: That I am the bidder (if bidder is individual), a partner in the bid (if bidder is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation), and That the attached bid has been arrived at by the bidder independently, and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the advertisement for bids designed to limit independent bidding or competition, and That the contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder, or its surety on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening of the bid, and That I have fully informed myself regarding the accuracy of the statement made in this affidavit. J 1tJ, EDDY BROS. CO. Firm Name to before me '- ,19JL This lII. ^^^^^^^^^^^^.\I'AI' /'I "."./'I^^" /I" ",. ^^/I^^,,^'" ~~( SEAT,.dr;N A. LEPAK I ~<~Ir.'1 .NOTARY PUeUC-MIHHESCTA ~., . DAKOTA COUNTY My Comm. Expires July 26, 1991 . .. . ..lu.'1DOVER FIRE DEPART::E:.;T SELF CO~lAINED BREATHING APPARATuS (SCBA) () SPE<':IFICATIO~S The SCBA shall be app~oved by the National Institute fo. Occupational Safety & Health (NIOSH) and the ~ine Safety snd Health Administration (MSHA) as a positive p~essure breathing apparatus. The unit shall also be app~oved by the U,S. Coast Guard. SCBA shall meet the National Fire Protection Association (NFPA) 1981 stan- da~d (latest edition) and all applicable sections of the ~FPA 1500, The SCBA shall utilize a two stage system of pressure reduction, The main components of the SCBA shall be: * Pacepiece * First Stage Regulator * Second Stage Regulator * Back Plate and Harness Assembly * Cylinder and Valve Assembly * Buddy Breathing Assembly All components of SCBA shall be arranged to min~m~ze inte.fe.enc~ when man~uve.- ing in confined spaces and when passing thru ~mall openings, Components of the SCBA shall be easily removed for routine service and maintenance, 1, Facepiece a. The facepiece shall be a full facepiece type that cove.s the weare~'s nose, mouth, and eyes, b, The facepiece shall utilize a one piece lens retained in the mask by a cor~osion resistant clamp, The lens shall be replace- able, c, The facepiece body shall be made from an elastome~ mate~ial with good chemical and ozone ~esistan~e, \9 -- ..;, Tlae racepiece shall utilize a doublE' seal in!:; edge for ma;umum sealing cha.acte~istics, --- e. The facepiece shall contain a speaking diaphragm that provides clear communication while wearing, The speaking diaphragm shall be replaceable and be pesigned to be protected on both sides against corrosion and/othe~ damaging elements. / i f. The lens shall be scratch resistant and designed to sc~atching when placed face down on a flat su~face. ing ~FPA abrasion test shall be provided. prevent Lens meet- g, The field of vision for the lens shall be 180 degrees minimum included angle ~n the horizontal di.ection and 100 degrees minium included angle 1n the vertical direction, ~~ h, The facepiece shall utilize a ~fPA approved head harness with adjustment tabs designed to p.~veI1t inad'..ertent Looscni:1g. (1) 1, Facepiece (cont,) () 1. Th~ facepiece shall be a flushing type mask designed so lhRC dry air from the cylinder passes over the facepiece lens prior to inhalation. Ii' f'__ --r-r,w' j' ~ J' The facepiece shall include a nosecup as standard equipment, tv v k. The facepiece design shall be capable of withstanding exposure to flame as stated in NFPA 1981 (latest edition) without adverse effect on the function of the facepiece. ~~ 'tNc 1. The facepiece shall have prov1s1ons for using spectacles, m. The Eacepiece shall have provisions for anti fogging as per NFPA 1981. 2. First Stage Regulator a, Shall be located on the apparatus 1n a manner that protects the regulator during use, ------- "l b. First stage regulator shall contain an audible alarm that alerts the wearer when approximately 25~ of the service life of the SCBA remains, This alarm should be an integral part of the first stage regulator, c. The audible warn1ng shall produce a sound of 80 dBA m1n1mum when measured at a point 3 feet from the alarm, d. The warning alarm shall sound consistantly from the activRtion point. e. The warning alarm shall sound when the ~ylinder pressure is less than or equal to the set pressure for the alarm regardless of the cylinder pressure when the system is Eirst used. f, The failure mode of the first stage regulator shall be such that the regulator al~ays delivers air to the user, ..~ \ / \ . ' r I;, --- N~ '7 c\V g. The first stage regulator should have 3 recommended overhaul int- erval of 6 years and have a 5 year warranty. ..',. , h. The pressure guage shall be routed oyer the shoulder through"per-. manently attached loops. ---- 1, Optional airline conn~ctions shall be available for using SCBA in conjunction with supplied air respirator, / I Second Stage Regulator 3. a, The SCBA shall utilize a mask,mounted second stage regulator, (J b. The second stage regulator shall utilize a quick disconnect coup- ling that enables the second stage regulator to be disconnected from the first stage. The quick disconnect shall not be capable of being aeeidentally diseonnected. c, l'h~-5econd stage r~gul<ltor shalf be provided I,ich a cover cOllected to the uid t to provide' ['ror.cclion from debris '1nd moisture from entering the regulator whpn not conn@cted.to the facepiece, (:!}.- ~ 3. Second Stage Regulato~ (cont,) :_) ~ ( n ------- I '\ {./ d, The mask mounted ~egulator shall be positive p~essu~e type oper- ation with a stand by mode of ope~ation fo~ donning pu~poses, It shall also be p~ovided with positive p~essu~e,on1y ~egulato~ with single motion, automatic aetiv<ltion f~OIture, e. The second st3ge ~egulato~ shall have 3 by-pass valve that cOIn be ope~ated manually. Thp mlnimum flow ~ate th~ough the by-pass valve shall be 120 liters per minute in the continuous flow pos- ition, f. The hose connecting the fi~st stage ~egu1ato~ to the second stage regulato~ shall be a small diamete~, non-co~~ugated hose with a mininum pressure ~ating of 250 psi, This hose shall be routed ove~ the left shoulde~ pad through permanently attached loops so that the hose is maintainea close to the body, ~Jv\C " g. A "Buddy Breathing" connection assembly shall be ~~ovided with quick disconnect for eme~gency tie-in of second stage regulator hose fitting from another like SCBA. This connection shall be located on the waist belt and ~outed through permanently attached loops. , 4, Back Plate and Harness Assembly a. The back plate shall be stainless steel, one piece construction. with orthopedic design, Full length designed for tail bone to shoulder protection, / "._~\ :'~ '')0 \--' b, The back plate shall accept a JO-minute, 45-minute, or 60-minute cylinder. c, The ha~nessing shall be constructed of a heavy duty, high temp.~. eratu~e aramid material as outlined 1n ~FPA 1981 standard, d. The harness assembly shall be equipped with backpack-style shoulder pads to ensure user comfo~t, e. The harnessing shall be easily adjustable, f, The waist belt assembly shall be p~ovided with push button, seat belt type buckle. g. A quick release butterfly type clamp shall be used to secure the cylinder strap in place. ;;Jo ~ h. The back plate should extend below cylinder valve to provide add- itional protection .to valve and regulator, 5. Cylinder and Valve Assembly 0u ~J --------- a, The cylinder shall have reflective ma~kings for ease of visibility, 6, Warranty a ,The manut'ac turp.r' s warranty shall be clearly defin~d, (3) () .. <J ----- 7. ~ainten:.lnce a. A yea~ly ~eco~nended maintenance schedule and pstimated cost shall be included and show all ~ecommended maintenance ov~~ a 10 yea~ time f~ame, including level of t~aining required for pach level of maintenance. b. Bidde~ shall supply a list of all tools requi.ed to pe~form r~g- ula~ and pe~iodic maintenance, including all testing inst~uments, The list shall be specified pe~ item and a total cost fo~ two sets. 8. Spa~e P:.l~ts Supply a, Didde~ shall supply a complete suggested pa~ts invento~y based on two complete sets fo~ 20 units and the cost of each pa~t, 9, T~ainin8 Videos a. Bidde~ shall supply two (2) Operational Training videos and two (2) Maintenance videos, , I / I I () I . ':) Page 2 2 J 4 : : EDDY BROS. CO. 988 Randolph Ave.. SL Paul. MN 55102 612-293-9155 Respiratory Protection Equipment CLARIFICATIONS AND EXPLANATIONS, Item 2-~ J-c . 5-a 8-a ~~GNUM first stage regulator has a recommended overhaul period of 6 yrs. with 1 yr. warranty. MAGNUM second staGe reGulator is protected with two fine screens to keep out debris and moisture. "7 , MAGNUM cylinder is not marked with reflective materiel. Cylinder locking band is marked with reflective labels. Suggested parts inventory 2 head harness ~ 11.00 2 (SPk) n.V. "0" ring ~ 2 D.V. Lever w/"O" ring (r:! 1 (5Pk) Connect. "0" ring 1 ()Pk) Buckles ~ 14,00 7.00 2.00 ((iI 5.50 :p 22,00 14.00 4.00 5.50 14.00 59,50 X 2 ;;i 119,00 MAGNUM TOOL'KIT JANUARY 1991 o () Item No, Order No, 074.083,01 A B 074.139,00 074,171,00 074,171,02 074.144,00 074.097,00 074,096,00 074,024,00 074.091.00 074,095,00 074.140,00 074,142.00 074,143,00 047,014,00 C o E F G H I J K L 074,010.00 013,006,00 047.004,00 Descrlotlon MAGNUM TOOL KIT .............,.......~...........,..,................................. Bag ...,...."....,',....."...."....""........"......"..,..".". ..,..,."."......"..,..".."..".... 7,00 Trlwlng Bit and Handle ............,.........,..,..,..........,.....................,.......,...... 23.00 Trlwlng Bit ...,',....,",..,."."",...,..."...."...,.."...."..".",.,.".,....."."....""..",.., 5,50 Adjustable Wrench ',..,',....,',.."...."..""."..,..,.",."".."..,........,..,..,;..,...... 30,00 Tweezers ,.."......,..,",..""....,..",...",..",."...."..."."..."......,....,..........,..,." 2.50 C Wrench ........,..,',..,",..,.,',.."..."....,..,..,....,..,..",.,.....,..,....."..,..,..."..,.., 52.00 Allen Wrench 4mm ........,..................................................,............:......... 1,00 Jeweler Screwdriver ',..,"',........,",.."......,........."..",.."..,.."........",....,...., 8.00 Cuticle Tool ...".......,...."..".."."..,......,..".."....",..,...".."..,...."....,............. 1.50 Wrench 8mm/l Omm ',..,',..,",.,"',..,...."..,..,..,..."."".",..,..."..,..,..,....,..", 20.00 Wrench 14mm/15mm ......,...................................................,....,....,"'.".. 23,00 Wrench 15mm/17mm ...............................,..,......................................... 29.00 Krytox Grease .........,..............................................................,..,....,..,.... 20,00 Piston Tool lor Whistle .................,..,....,..............,.................................., 49.00 "Dow Corning Silicone #4 Large .............................,......................,.....,... 70,00 Dow Corning Silicone #4 Small .............,...........,..................................., 32.00 Two Sets of tools will provided at ~ cost. Training for maintenance and repair will be provided to your people at your location at ~ cost. A Flow test machine will be provided at ~ cost. r ' \.j r' , '-- ~J WARRANTY International Safety Instruments,lnc, warrants this S.C. B.A. to the anginal owner to be free from delects in material and workmanship for a pericxtGtIbwe~fIom the date 01 original shipment from ISl's factory. ISl's obligotion under this warranty IS limited to replocement or repair at ISl's option. any defective part il returned to 151 in Lawrenceville Ga.. or an authorized factory repaircenter with shipping charges prepaid by the owner. and which upon inspection by ISI, shall prove 10 have been defective in normal use and service. To validate this warranty, the Warranty & Registration Card supplied with the appomtus MUST be detachnd. complp.!ed. and returned to 151 WITHIN 30 DAYS 01 purchase. This warranty must be validated before it con be mointolned. To maintain this warranty. the purchaser must perform maintenance and inspections as prescribed in the operation and maintenance manual which shall include prompt replacement orrepairof defective parts, and repl3cement 01 parts per ma,ntcnoncc schedule as prescnbed in the owners instruction manual. This warranty is expressly in lieu 01 all other warranties. expressed or Implied, and all other oblig3lions or li3bllilies on ISl's part. 151 neither. assumes nor authorizes any other firm or person to assume on ISl"s behalf any liability in any way connected to the sale of 151 products. o I . u [f~J] .0#. ~ INTERNATIONAL SAFETY INSTRUMENTS 922 HlJrricane Shoals Ronel l.~wrCll("(!Vlllt!.... <]~_;}~J2'~~"'._-.:_I! !:,:. ' II ~~!_::,~_,~.,.:l _ )!!)!l.2;!J!..:.Z.rd.t:_ ,1/\?':..:!0~.:.~.H\3.:~7~}.1 .... (:~.. March 27, 1991 Eddy Brothers Company 988.Randolph Avenue St. Paul. MN 55102 Dear Sirs: The ISI Magnum unit proposed for purchase complies with all of the following standards and/or regulations: N.F.P.A. 81. 87 Revision,' N.F.P.A. 1500 A.N.S.I. N.I.O.S.H. M.S.H.A. U.S.C.G. O.S.H.A. In addition. ISI guarantees that the Magnum units purchased under this bid will be upgraded to comply with future standards as proposed by N.F.P.A. Tor a period of two years. MAXIMUM LITER FLOW FRGr.l /'IlAGNur.l SCBA - 600 + LITEHS PER rolIn. I hope this letter adequately responds to the points covered. Sincerely, ~~ ~r t'-e_~-\~ <'t;o Damon Sorrentino Regional Sales Manager '-' . Quallly RcsfJiril101!J IJI()I('t"li()/I/'/()cllIct~ 707.197.00 MAGNUM MAINTENANCE KIT "A" (FOR MAINTENANCE YEARS 1.2,4.5) .............,....................,... ~) Description Sintered Filler 8.4mm Demand valve O-ring Assembly Pneumatics assembly Demand valve 1.)0 1,40 707.198,00 MAGNUM MAINTENANCE KIT "B" (FOR MAINTENANCE YEAR 3 ) .......,.........................,...,.........., Description Assembly Slntered lIIter 8:4mm Pneumatics Small O-ring. piston Pressure reducing valve Large O-ring. piston Pressure reducing valve Demand valve diaphragm Demand valve Demand valve O-ring Demand valve Valve disk Demand valve U-cllp, low pressure Demand valve Inlet stem assembly Demand valve 1. SO 1.60 1.80 16,00 1.40 1),00 1.40 2),00 707.199.00 MAGNUM MAINTENANCE KIT"C" (FOR MAINTENANCE YEAR 6) ..,..,......,............,.....................,.. Description Assembly Clip for whistle, PG manifold Pneumatics U-cllp, high pressure (2) Pneumatics/Pressure reducing valve Fitter slntered 8,4mm Pneumatics/Pressure reducing valve a-ring, low pressure Pressuro reducing valve O-ring, high pressure Pressure reducing valve U-cllp, low pressure (3) Pressure reducing/Demand valve Small O-ring, piston Pressure reducing/Demand valve Large O-ring. piston Pressure reducing/Demand valvo Demand valve diaphragm Domand valve Demand valve O-ring Demand valve Valve disk Demand valve Inlet stem assembly Demand valve 2.00 l,l~O 1. 50 2.80 2.20 2.80 1. 60 1.S0 16.00 i .LW 1).00 2).00 ~~INTENANCE COSTS FOR 10 YEARS - 21),40 per unit, 22 ',;' ::':-,'~':.'0:':<,~,~~"'"',~,~.,,, -:-. ;... -.'~'~""" .......::.,-,:.:r-:.,.t,.~..;~'~..:;:; . .'..' . '.. -....,' , ". ,MAGNUM. . ...... :. ," . " t ,'. .' .: ',. .-" . '" . . .. ',; 1"';; ,'\ '.J ADVERTISEMENT FOR"BIDS \'> V~~ ~ ;,: 1_, " o Sealed bids will be received by the city of Andover, Minnesota in the city Hall at 1685 Crosstown Boulevard N.W., until 10:00 A.M., C.S.T., on Tuesday, April 23, 1991, a~ which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all ~lse necessary for the following: 20 _ 4500 lb. 30 minute air packs with face masks and cylinders included 20 - 4500 lb. 30 minute bottles 10 - ~xtra face masks for those units Also, as an alternate bid for 4 - 4500 lb. 60 minute cylinders Specifications, proposal forms and contract documents may be seen at the office of the City Clerk and at the Andover rire Department, Andover, Minnesota. payment for the work will be by check. Contractors desiring a copy of the specifications and proposal forms may obtain them from the office of the city Clerk. ~he city Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Victoria vo1k, City Clerk Andover, Minnesota i' I' /. ,'., C,) " ~) () PROPOSAL FORM. Alex Air Apparatus, Jne, Vern Wieberdink Route 2 Box 320 Alexandria, MN 56308 BY DATE tJ - ;.S-'11 = Honorable Mayor and City council Andover, Anoka County, Minnesota Attn: vicki Volk city Clerk Madam: pursuant to the Request for Bids for self-contained breathing apparatus specifications, we hereby submit the following proposal: 20 - 4500 lb. 30 minute air packs cylinders included with face masks and ~ /Sqs.~ -'4. 30, j06,.- 1"J..D'trO ..t<t .:0 I q IJIJ . ~ /10 ,~ -LA. / I '10 c I ~ 20 - 4500 lb. 30 minute bottles. 10 extra face masks for those units .. . Total Bid $ J.{i'J) 700, ~ Alternate bid for 4 - 4500 lb. 60 minute cylinders !:-~SiJ.~ ~ T t 1 BJ.'d $ "1/ iJO.~ . .. 0 a c:>( (D --,- (I)(We) hereby certify that (I)(We) (am)(are) the only person(s) interested in this proposal as principal(s); that this proposal is made and submitted without fraud or collusion with any other person, firm or corporation whatsoever pursuant to the attached Affidavit of Non-Collusion; that an examination has been made to the specifications, Special Provisions and other circumstances pertaining thereto. o () Page Two (I) (We) propose to furnish all materials specified, in the manner prescribed no later than 3u days following acceptance of the quote. (I) (We) further propbse to guarantee all equipment to be delivered to be in accordance with the specifications and special provisions; and to replace any equipment which may be rejected due to defective materials or workmanship, prior to final acceptance by the city of Andover. / -' Respectfully submitted, .-JJ ~ff/J W.W/[oc,fDlr;/( Signed by /1) M/yl tJ~ Fi rm Address If r ^ ~ 3:Ml ~M. J)1t/'Y1 S~3d"S' Alex Air Apparatus, Inc. Vern Wieberdink Route 2 Box 320 Alexandria, MN 56308 .. r AFFIDAVIT OF NON-COLLUSION: <) RE:: I hereby swear (or affi~m) under the penalty for perjury: That I am the bidder (if bidder is individual), a partner in ,the bid (if bidder is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation), and That the attached bid has been arrived at by the bidder independently, and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the advertisement for bids designed to limit independent bidding or competition, and That the contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder, or its surety on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening of the bid, and That I have fully informed myself regarding the accuracy of the statement made in this affidavit. /t)l~/y! lj!r)A~~1!~L SJ.gna ure (Z/Wdd / qpJi~ , F m Name ' ~, subscribed and sworn to before me This IS day Of~ '7'h~J~ /l ..Q'U'~ / , Notarl pufut- /. , 19 9/ My co ~) .~~DOVER FIRE DEPART~E~T .'\ \....../ SELF CO~~AI~ED BREATHING APPARATuS (SCBA) SPECIFICATI01o<S ,The SCBA 5halt be apr~ov~J by the National Institute for Occupational Safety & Health (~IOSH) and the Mine Safety sod Health Administration (MSHA) as a positive pressure breathing apparatus. The unit shall also be approved by the U.S, Coast Guard. SCBA shall meet the ~ational Fire Protection Association (NFPA) 1981 stan- dard (latest edition) and all applicable sections of the NFPA 1500, The SCBA shall utilize a two stage system of pressure reduction. The main components of the SCBA shall be: i I ! JAIl components of SCBA shall be arranged to m1n1mlze interference when maneuver- ing in confined spaces and when passing thru small openings, Components of the SCBA shall be easily removed for routine service and maintenancp. * Pacepiece * First Stage Regulator * Second Stage Regulator * Back Plate and Harness Assembly * Cylinder and Valve Assembly * Buddy Breathing Assembly 1. Facepiece a. The facepiece shall be a full facepiece type that covers the wearer's nose, mouth. and eyes, b. The facepiece shall utilize a one piece lens retained in the mask by a corrosion resistant clamp, The lens shall be replace- able. c. The facepiece body shall be made from an elastomer material 'with good chemical and ozone resistance. d. The facepiece shall utilize a double sealing edge for maX1mum sealing characteristics. e. The facepiece shall contain a speaking diaphragm that provides clear communication while wearing. The speaking diaphragm shall be replaceable and be pesigned to be protected on both sides against corrosion and/other damaging elements. I ./ f. The lens shall be scratch resistant and designed to scratching when placed face down on a flat surface. ing NFPA abrasion test shall be provided. prevent Lens meet- (J g. The field of vision for the lens shall be 180 degrees minimum included angle in the hori.:ontal direction and 100. degrees mini urn included angle in the vertical direction. h, The facepiece shall utilize a NFPA-approved head harness with adjustment tabs'desig;ned to pr",vent inadve~t(?nt loosening, (1) 1, Facepiece (cont,) o 1. The facepiece shall be a flushing type mask designed so I.hat dry air from the cylinder passes over the facepiece lens prior to inhalation. J' The facepiece shall include a nosecup as standard equipment. k. The facepiece design shall be capable of withstanding exposure to flame as stated in NFPA 1981 (latest edition) without adverse effect on the function of the facepiece, 1. The facepiece shall have prov1s10ns for uS1ng spectacles. m. The facepiece shall have provisions for anti fogging as per NFPA 1981. 2, First Stage Regulator a. Shall be located on the apparatus in a manner that protects the regulator during use. ~ b, First stage regulator shall contain an audible alarm that alerts the wearer when approximately 25~ of the service life of the SCBA remains. This alarm should be an integral part of the first stage regulator. c, The audible warnlng shall produce a sound of 80 dBA mln1mum when measured at a point 3 feet from the alarm. d. The warning alarm shall sound consistantly from the activation point. e. The warning alarm shall sound when the cylinder pressure is less than or equal to the set pressure for the alarm regardless of the cylinder pressure when the system is first used, f. The failure mode of the first stage regulator shall be such that the regulator always delivers alr to the user. g. The first stage rpgulator should have a recommended overhaul int- erval of 6 years and have a 5 year warranty. h. The pressure guage shall be routed oyer the shoulder through per- manently attached loops. 1. Optional airline conn~ctions shall be available for using SCBA in conjunction with ~pplied air respirator. . / I 3. Second Stage Regulato~ a. The SCBA shall utilize a mask mounted second stage regulator, (J b. The second stage regulator shall utilize a quick disconnect coup- ling that enables the second stage regulator to be disconnected from the first stage. The quick disconnect shall not be capable of being accidentally disconnected. c, The second stage regulator shall be provided with a cover con~cted to the uni t to prov ide protec t ion from debris and mois ture from' entering the regulator whpn not connected to che fa~epiece, en 3, Secc~~ S~~gP Regulato~ (cant,) o J. Th~ r,,;-tsk mounted r",gulato~ shall be pos1t1ve pressure type ope~- ation with a stand Dr mode of ope~ation for donning purposes. It shall also be p~ovided with positive pressu~e,only ~egulator with single motion, automatic activation feature, e. The second stage ~egulator shall have a by-pass valve that can be operated manually. Thp- minimum flow rate through the by-pass valve shall be 120 liters pe~ minute in the continuous flow pos- ition, f. The hose connecting the fi~st stage ~p-gulato~ to the second stage ~egu1ator shall be a small diamete~, non-co~rugated hose with a mininum pressure rating of 250 psi, This hose shall be routed ove~ the left shoulder pad through permanently attached loops 50 that the hose is maintained close to the body. g. A "Buddy B~eathing" connection assemb1r shall be provided with quick disconnect for emergency tie-in of second stage regulator hose fitting from anothe~ like SCBA, This connection shall be located on the waist belt and ~outed th~ough pe~manent1y attached loops. 4. Back Plate and Harness Assembly a. The back plate shall be stainless steel, one piece construction, with orthopedic design. Full length designed fo~ tail bone to shoulde~ protection, b. The back plate shall accept a 30-minute, 45-minute, o~ 60-minute cylinder, c, The harnessing shall be constructed of a heavy duty, high temp- eratu~e a~amid material as outlined 1n ~FPA 1981 standard, d. The harness 3ssemb1y shall be equipped with backpack-style shoulde~ pads to ensure user comfort, e. The harnessing shall be easily adjustable, f. The waist belt assembly shall be provided with push button, seat belt type buckle. g. A quick release butterfly type clamp shall be used to secure the cylinde~ strap in place, h. The back plate should extend below cylinder valve to provide add- itional protection to valve and regulator. 5. Cylinde~ and Valve Assembly a. The cylinder shall have reflective ma~kings fo~ ease of visibility. () 6. War~anty a. The manufacturp-~'s wa~ranty shall be clearly defjned. (3) () () ... , , :--:a.int~nance a. A yearly reco~nended maintenance schedule and estimated cost shall be included and show all recommended maintenance over a 10 year time frame, including level of training required for each level of maintenance. b, Bidder 5ha11 supply a list of all tools required to perform reg- ular and periodic maintenance, including all testing instruments. The list shall be specified per item and a total cost' for two sets, 8. Spare Parts Supply a. Didder shall supply a complete suggested parts inventory based on two complete sets for 20 units and the cost of each part. 9. Training Videos a. Bidder shall supply two (2) Operational Training videos and two (2) ~aintenance videos, , I / / ~) CAJ'" ""'cO""'. , '.,' <;,' -:". ,~: '.~ ",,- ,'~ ,~j!''''':~~. ,~ u l),}'; "'."""""-.-._,.c.,, ",,;;,0'''- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 ITEM NO. /1. Approve Change Order/ Fire Hydrant/Sta. ~1 BY: James E. Schrantz FOR AGENDA SECllON , NQ Sta f, CommJ.ttee, Commission ORIGINATING DEPARTMENT Engineering The city Council is requested to approve a Change Ord, r to Fire Station ~1 for the installation of a fire hydrant on the southeast side of Station ~1. The watermain will not be installed in Crosstown Boulevard on the west or south side of the station. The Building Committee believes that it should be installed at this time. The hydrant will provide the necessary outside fire fighting protection that will be needed if and when the station is expanded in the future. It will provide an outside means of filling the trucks and it will provide the department a hydrant they can use in training. I estimate the cost to be $6000, more or less, which includes one hydrant. Another hydrant and valve will cost about $1200. As of today, I don't have the price from the contractor. COUNCIL ACTION ". MOTION BY TO SECOND BY '" '"' "'~"'",- <J (4' (~~) 1\~ ",~,:'if" "!~"'":'I!F"""""""~_C="'..,Jf CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO. () JQ. Approve Purchase/Fire Dept. Computer DATE May 7, 1991 (\ ..L ORIGINATING DEPARTMENT APP~~ED FOR Fire Dept. :, BY: V. Volk bbtJ-; V AGENDA .5EC'IIDN , NO, ~Eatr, CommJ.ttee, Comm Attached is information from the Fire Department Computer Committee regarding quotes they solicited for the purchase of a computer for the Fire Department. A representative from the Fire Department will be at the meeting to discuss this with Council. MOTION BY TO COUNCIL ACTION SECOND BY C) May 1. 1991 TO: ~ FROM: Mayor and Council Computer Committee SUBJECT: Computer bids The Fire Department Computer Equipment Committee has received quotes for a computer system <See attached). We request the purchase of the computer from the low bidder, PC Express for $4,027. This quote does not Include all software because the Committee feels it can acquire software packages at a lower price. That quote will be forthcoming. (J ANDOVER FIRE FIGHTERS 1785 CROSSTOWN BLVD. NW ANDOVER, MN 55303 COMPUTER IBM Compatable 386 4 MB RAM 80 MB Hard Drive l.2 MB 5.25" Floppy Drive 1.44 MB 3.5" Floppy Drive l4" Color Monitor 2400 BAUD Internal Modem NLQ Printer MS DOS 4.0l Microsoft Windows 3.0 (includes serial mouse) Microsoft Word for Windows Microsoft Excel for Windows PC EXPRESS NORTHGATE COMPUTERLAND TANDY $4,027 (l) $4,347 (2) $7,362 (3) $7,528 (4) (l) Includes 5-year warranty (lst year on-site) (2) Includes l-year warranty - Does not include Word or Excel (3) Includes 100 MB Hard Drive (4) Includes l05 ME Hard Drive ,. ') '-J _ '~':';., '''lI-~'~''~'''.''','lic~ 'CA." ">, c '"~_ ,f --:\~ '," ':~ ~ ~ G ~ ~, ~ ;':; ~j ~) \ ) :j., ..'" --~I.. . __"!i!,~:F~" ~""r~,...-....;!J'I'",,",- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO. Approve House Burns ,q. DATE ORIGINATING DEPARTMENT Fire Dept. V. VOlk~ " BY: AGENDA SECTIDN , NO. Staff, CommJ.ttee, Comm The City Council is requested to approve the following house burns for the Fire Department: 1. 15635 Round Lake Boulevard 2. 4938 - 159th Avenue N.W. Attached are copies of the agreements for these burns. '- MOTION BY TO COUNCIL ACTION SECOND BY THIS AGREEMENT made this .30 d day of af~A I 19 9/ , by and between James Knoll hereinafter called the :0 "Owners" and the City of Andover, Anoka, County, Minnesota, hereinafter referred to as the "City", WITNESSETH: WHEREAS, the following are the owners in fee of the following described parcel: 15635 Round Lake Boulevard NW WHEREAS, a hazardous building is located on the above described parcel, such building being described as follows: Single family dwelling WHEREAS, it is desired by the owners that the above described hazardous building be razed by the City's Volunteer Fire Department. IT IS HEREBY AGREED: 1. That the city of Andover Volunteer Fire Department shall forthwith raze the hazardous building described above. 2. That the owners will assume all liability for any damages which might be occasioned by the razing or destroying or removal of said building or buildings, and consent that the building may be destroyed by burning as a training project for the City of Andover Volunteer Fire Department, with the understanding that the city of Andover Fire Department will exercise reasonable caution in so destroying said building by fire. 3. That the City of Andover, its Volunteer Fire Department, its agents and employees, and anyone acting in behalf of the City or the City Fire Department shall not be liable, in any way, for any damage <J to or destruction of trees, shrubs, grasses, plants, other structures, any items located or contained upon the property on which the hazardous building is located or any of the contents in the razed bui~ding or in any other structure located on the property. 4. That the owners assert, by executing this agreement, that they are the sole fee owners of the property and building to be razed, and that there are no others who have any interest therein, or ~ lien thereon, and that should either the city of Andover, its volunteer Fire Department, any agent or employee, or any person acting in behalf of the Fire Department, become liable or exposed to liability in any way, to anyone else who may have an interest in the premises, that the owners shall save the City and others identified above harmless therefrom. IN WITNESS WHEREOF, each of the parties hereto have caused this agreement to be executed as of the day and year first above written. IN THE PRESENCE OF: SIGNED: ru0 . J i /, .' JIll: {h/.~ ~OIlw(..r"- ~ 111'vCt~ M~ L)-",~ Owners IN THE PRESENCE OF: SIGNED: CITY OF ANDOVER Mayor City Clerk () ~ THIS AGREEMENT made this ~ 0 day of ~ 19~, by and between James Renner hereinafter called the r\ ~ "Owners" and the city of Andover, Anoka, County, Minnesota, hereinafter referred to as the "City", WITNESSETH: WHEREAS, the following are the owners in fee of the following described parcel: 4938 - 159th Avenue N.W. WHEREAS, a hazardous building is located on the above described parcel, such building being described as follows: Single family dwelling WHEREAS, it is desired by the owners that the above described hazardous building be razed by the City's Volunteer Fire Department. IT IS HEREBY AGREED: 1. That the City of Andover Volunteer Fire Department shall forthwith raze the hazardous building described above. 2. That the owners will assume all liability for any damages which might be occasioned by the razing or destroying or removal of said building or buildings, and consent that the building may be destroyed by burning as a training project for the city of Andover Volunteer Fire Department, with the understanding that the City of Andover Fire Department will exercise reasonable caution in so destroying said building by fire. 3. That the City of Andover, its Volunteer Fire Department, its agents and employees, and anyone acting in behalf of the City or the City Fire Department shall not be liable, in any way, for any damage o to or destruction of trees, shrubs, grasses, plants, other s~ructures, any items located or contained upon the property on which the hazardous building is located or any of the contents in the razed building or in any other structure located on the property. 4. That the owners assert, by executing this agreement, that they are the sole fee owners of the property and building to be razed, and that there are no others who have any interest therein, or F ~ ~) lien thereon; and that should either the City of Andover, its Volunteer Fire Department, any agent or employee, or any person acting in behalf of the Fire Department, become liable or exposed to liability in any way, to anyone else who may have an interest in the premises, that the owners shall save the City and others identified above harmless therefrom. IN WITNESS WHEREOF, each of the parties hereto have caused this agreement to be executed as of the day and year first above written. IN THE PRESENCE OF: SIGNED: m~J~ / ~ Owners IN THE PRESENCE OF: SIGNED: CITY OF ANDOVER Mayor City Clerk , 1 ~J ,.iCA';C """"""""-""" _G:','\ " ;., ;:1 '~I, ') \l,',',l . t J ,,~ .0 f~'~~~~!"~"i,!"",,-;~-'i-"j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 ITEM NO. :;'0. APPROV" (dFOR AGC?ED/, ' Schedule Work Session BY: James E. Schrantz BY: The city Council i, ,eque,ted to 'chedule a Wo,k se"io~ith TKDA and staff to discuss the water system. ORIGINATING DEPARTMENT AGENDA sEarmN , NO. S1:aI:'~--' ~ommJ.ttee, CommJ.ssJ.on Administration We need to discuss; (1) Constructing the trunk up Crosstown Boulevard from Andover Boulevard to Tower #2 (2) Well #4 (3) Radium Suggested dates for this meeting are May 28th, 29th or 30th. '- MOTION BY TO COUNCIL ACTION SECOND BY -- C) TKDA TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 5510'.1893 6121202-4400 FAX 6121292-00"3 April 29, 199i Kenneth Orttel, Mayor Jack McKelvey, Council Marjorie Perry, Council Don Jacobson, Council Todd Smith, Council Re: Comprehensive Water Plan Supplemental Report Commission No, 9140-00i Dear Mayor and Council: The following report is an update of present water system trunk, source and storage facilities; water quality considerations and reconullended additional water system improvements, The City, on January 16, 1990, entered into a bilateral compliance agreement to reduce Radium 226 and Radium 228 in the water supply. That agreement stipulates compliance by 1994. D,S, Environmental Protection Agency revised rules may allow the City of Andover to operate at present radium levels, (See letter 1-i5-9i M,D.H, attached,) The result of the pilot well at the City Tank No.2 site indicated relatively high radium leveis in the HinckleyjMt, Simon formation. The elementary school irrigation well south of the City Hall site is terminated in the Dresbach/Galesville Aquifer. Tests indicate no radium in this well at the time of testing, A. Well and Pumphouse No.4: We suggest that Well No, 4 at Tank Site No, 2 be constructed to terminate in the Galesville member. A casing of sufficient size would be used to aliow further development to the Hinckley fonnation if constraints are encountered as follows: 1. Poor quality 2, Linlited capacity 3, High sand content It is recollunended that Well No.4 be considered as the next highest priority. Well No.3 .is the only well providing supply to the high level Tank No, 2, This high level system does supply water through a control valve to the lower level area (west of Coon Creek), C) Honorable Mayor and City Councii April 29, i991 Page 2 C) Concentrations of Radium 226 and 228 are highest in Wells No. I and 2 west of Coon Creek on the low level side, We therefore use these wells as lag-lag, i.e. at times of highest demand only, With only Well No, 3 on the high level system, there is no redundancy in case of failure on the high level side of the system, We suggest the Well No, 4 and Pumphouse No.4 improvements be initiated soon, since it will take approximately one year to complete the facility and place it on line, The estimated costs including engineering, are: = $140,000 $190,000 $330,000 Well No.4 Pumphouse No, 4 Total = = B, Crosstown Trunk Watermain: The second highest priority of need is construction of the 16" diameter Hunk watermain along Crosstown Boulevard from Andover Boulevard to Tank No, 2 site, The present connection to the Tank No.2 storage and secondary feed to the low level system is along a single 12" diameter trunk system. (See water system map attached,) The long single feed creates concern as follows: 1, Line pressure drop in certain areas 2, Lack of redundancy in case of line failure with a single feed 3. Balmlce of pressure and quantity of flow in the system The estimated cost of the trunk watenuain is $284,905. C. Financing: The total investment in the present water supply is $4,088.346. (See Est. Cap, Cost _ "Andover Trunk: Source and Storage" Figure lA - attached), The estimated cost of the recommended projects as defmed above is $677 056. (Figure lA and iB attached), A City share of various projects which relate to one or more conditions as follows: 1. City owned property abutting a water improvement 2, One sided frontage generally along a County highway ~-) 3. Deferred assessments to developed property along a trunk watennain. Honorable Mayor and City Council April 29, 1991 Page 3 ~) The City share of various projects to date is $219.840, (See Figure 2 attached) The total investment with items proposed for 1991 is $4.985,242. D, Assessments and Revenue: A detailed list of water system assessments to date is shown on Figure 3A and 3B, A breakdown is as follows: 1. Total Assessments to Date = $3,824,486 2, 1991 Estimated Assessments = 200,900 3. Connection and Area Deferred Charges Collected to Date = 436.005 Total Assessed = $4,461,391 E, Water Consumption: In 1988 we reviewed Andover's water use. An update of the system use is as follows: 1m i987 122Q Average Number Services Annual Average Consumption Annual Average Per Service Peak Day Rate Peak Day/Average Day 210 70,500 gpd 335 gpd 425,000 gpd 6 482 232,440 gpd 482 gpd 1,001,000 gpd 4.3 1,359 478,389 gpd 352 gpd i,670,000 3.5 F, Proiected Needs: Based upon water use data, estimated production and storage requirements are projected to the period 1995-2000, Development on the water system from 1987 through 1990 averaged over 300 cotmections per year. A lower rate of 240 units per year is projected, TillS wns the rnte used in the 1988 supplemental report. The population figure of 3.41 persons per unit as used by the Metropolitan Council is assumed, The estimated water use and facility requirements are as follows: June 1988 Julv 1990 March, I 991 1995-2000 Connections: 700 1,200 1,359 2,400 Population Served 2,400 4,100 4,634 8,200 Annual Ave. GPCD 142 140 i03 125 Annual Ave, GPD 341,250 585,000 478,389 1.025.000 Peak Day Gal, 1,365,000 2,340,000 3,600,000 ~J No, of Wells Req'd, 2 3 4 4 Storage Req'd, 0.5 1.0 1.0 1.25 - Honorable Mayor and City Council April 29, 199i Page 4 C) G, Recommendation: 1. Construct Well No, 4 at an estimated construction cost of $125,000. 2, Construct Well Pump House No.4 at an estimated construction cost of $165,000. 3. Construct the Crosstown Boulevard Trunk Watermain at an estimated construction cost of $247,700 with hydrants, or $230,500 without hydrants, sm;9~ JLD/mha Enclosures .:) ~~I <J minnesota department of health .... -:~, :~ ;. \", :~~ ~ ~i ...." ...-.. ----; ~ p:i '. ;:-; I i J ~) -~~. 1b7' division of environmental health 925 s.e. delaware sl. p.o. box 59040 minneapolis 55459-0040 (612) 627.5100 ." t,_ f :- kJ t: L. \; ~\ I~'-~-;-~ I January 15, 1991 CITY OF Ai'~DOV~K Andover City Council c/o Ms. Vicki Volk, City Clerk City Hall 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Dear Council Members: The Minnesota Department of ~ealth (MDH) has recently learned that the United States Environmental Protection-Agency (USEPA) is nearing the final stage of deliberation on radiological standards in drinking water and is considering the adoption of significantly different maximum contaminant levels (MCLs) for radium 226 and radium 228. An MCL is being considered for each isotope ranging from 5 to 20 picoCuries per liter (pCi/l). It appears that USEPA will recommend an MCL of 20 pCi/l for radium 226 and 20 pCi/l for radium 228. EPA acknowledges, however, that proposing MCLs of 20 pCi/l for each radium isotope will be controversial. Consequently, they will also ask for comments on the appropriateness of establishing MCLs at 5 pCi/l for each isotope. Our interpretation of this regulatory posturing means that the new MCLs for radium will be some value from 5 to 20 pCi/l for each radium isotope, and it will be approximately three years before these new MCLs are legally enforceable. As you are aware, the City and MDH have entered into a bilateral compliance agreement in which you have indicated the steps you will take to return to compliance with the existing radium MCL and the dates by which you will accomplish this. Because of the uncertainty of the present regulatory situation, the MDH will not actively enforce the conditions of the compliance agreement at this time. However, please be advised that (depending on the final MCLs) your water system mayor may not be in compliance in the future. If you exceed the new radium MCLs once they are adopted, you will then be required to take whatever actions are necessary to achieve compliance with the new MCLs. We apologize for the confusion created by this rule revision process, however, since these rules are adopted by USEPA we have no control over them other than to provide comment once the rules are proposed. If you have any questions, please contact me at 612/627-8180. Sincerely yours, ~~d~ Richard D. Clark, P.E., Supervisor Public Water Supply Unit Section of Water Supply- and Well Management' RDC:bs O-I--~ '\, PTfv-:..".- / ~ an equal opportunity employer - /4 7T/'7c,,~:';?;:5f=>~/:/ /--I'~-::?" . ,- \.J ESTIMA TED CAPITAL COST ANDOVER TRUNK SOURCE AND STORAGE Conun No. Description Construction EnlJ:ineering Total PREVIOUSLY CONSTRUCTED PROJECTS 7375 Well No.1 $72,344 $10,577 $82,921 7375 Pumphouse No. 1 154,921 22,649 177 ,570 8179 Trunk Watermain (87-3A) 214,519 22,846 237,365 8179 Trunk Watermain (87-3B) 130,090 13,855 143,945 8430 Well No.2 117,024 14,693 131,717 8430 Pwnphouse No.2 93,321 29,638 122,959 8462 Tank No.1 482,088 39,857 521,945 8462 Controls 32,345 10,832 43,177 8463 Trunk Watermain 85-8 409,018 67,513 476,531 8929 Well No.3 (87-10A) 109,217 9,562 118,779 8929 Pumphouse No.3 (87-10) 149,004 33,784 182,788 8932 Trunk Watermain (87-11) 233,431 27,451 260,882 9368 Pilot Well (88-35A) 12,506 2,500 15,006 9368 Trunk Watermain to Tank #2 (88-35) 41,532 7,060 48,592 9368 PCV Vault (88-35) 40,650 14,991 55,641 9368 Tank No.2 w/Controls (88-35) 1,005,798 50,357 1,056,155 9777 Crosstown Watennain (90-15) 30.909 9.796 40.705 Total Previous Projects $3,327,717 $387,961 $3,716,678 Estimated City Cost <:t 10%) $4,088,346 PENDING PROJECTS Well No.4 $125,000 $15,000 $140,000 Pumphouse No.4 165,000 25,600 190,600 Crosstown Trunk 247.705 37 .200 284.905 Total Pending Projects $537,705 $77 ,800 $615,505 Estimated City Cost (:t 10%) $677,056 <J FIGURE I-A or, \..J ESTIMATED COST ANDOVER WATER SYSTEM 16" WATERMAIN ALONG CROSSTOWN BOULEVARD FROM ANDOVER BOULEVARD TO TANK SITE NO.2 Item Unit No. Description Ouantity Price Amount 1 Mobilization 1.0 EA $3,000.00 $3,000.00 2 Connect to Existing Watennain 3.0 EA 500.00 1,500.00 3* 6" DIP Class 50 Watennain 60.0 LF 20.00 1,200.00 4 12" DIP Class 50 Watermain 130.0 LF 30.00 3,900.00 5 16" DIP Class 50 Watermain 5,400.0 LF 35.00 189,000.00 6* 6" MJ Gate Valve and Box 10.0 EA 350.00 3,500.00 7 16" MJ Butterfly Valve and Box 4,500.0 EA 3.00 13,500.00 8* 6"MJ Hydrant 1,200.0 EA 10.00 12,000.00 9* 6" Hydrant Extension 1.0 EA 200.00 200.00 10* 12" Hydrant Extension 1.0EA 300.00 300.00 11 MJ CIP Fittings 8,920.0 LB 1.50 13,380.00 12 Clear Trees 10.0 EA 80.00 800.00 13 Grub Trees 10.0 EA 80.00 800.00 14 Seed Mixture NO. 500 125.0 LB 4.00 500.00 15 Roadside Seeding 2.5 AC 500.00 1,250.00 16 Commercial Fertilizer 10-10-10 1,250.0 LB 0.50 625.00 17 Mulch Material TYPe 1 5.0TN 250.00 1,250.00 18 Traffic Control 1.0 LS 1.000.00 1.000.00 Subtotal $247,705.00 * Less Hydrant Installed -$17 .200.00 Total $230,505.00 (J FIGURE I-B o ~J Comm No. Proiect 8180 84-6 8370 85-5 7379 85-16 8572 86-1 8179 86-16 8680 86- 8806 87-2&22 8897 87-4 8915 87-7 8903 87-8 8998 87-27 9171 88-4 9172 88-7 9273 88-13 9748 90-6 WATER SYSTEM REPORT CITY SHARE OF PREVIOUS WATER PROJECTS Description Amount South Coon Creek Woodland Terrace Round Lake Boulevard Creekside Estates Red Oaks Pond Woodland Terrace 4th and 5th Additions Hills of Bunker Lake W oodridge/Creekside Shady Knoll Kensington Estates Woodland Creek Round Lake Boulevard Brandon's Lakeview Creekhaven Watt's Garden Acres $11,000 31,318 8,000 2,994 22,977 6,520 81,822 6,528 6,010 12,534 3,806 5,814 6,992 3,625 2,2ill2 Total City Share $219,840 FIGURE 2 ~) TOTAL WATERMAIN ASSESSMENTS ---------------- WATER SYSTEM ANALYSIS ANDOVER, MINNESOTA PROJECT NO. ----------- ---------- PROJECT --------- ------- ------- --------- 80-3 80-3 80-3 80-3 80-3 80-3 80-3 80-3 80-3 84-6 84-7 85-5 85-7 85-8 85-16 86-1 86-2 86-4 86-6 86-9 86-10 86-11 86-26 87-2 87-4 87-7 87-8 87-21 87-22 87-25 87-27 87-28 87-29 87-32 87-3 87-20 , '\ \J SHOPPING CENTER ADOLPHSON (WOODLAND CREEK) B. CHAPMAN BOEHLAND BROWN L. CARLSON CHUTICH GOOD VALUE SONSTEBY S. COON CREEK KADLEC ADD SUBTOTAL (1980-1984) WOODLAND TERRACE NORTHGLEN 5TH ADDITION TRUNK WM (87 " 88 ASSESS) ROUND LAKE BLVD UTIL SUBTOTAL (1985) CREEKSIDE ESTATES SMITH'S GREEN ACRES HIDDEN CREEK HIDDEN CREEK 2ND WOODLAND TERRACE 4 " 5 (3) HIDDEN CREEK 3RD INDIVIDUAL WM ASSESS (4) SUPERAMERICA SUBTOTAL (1986) HILLS OF BUNKER LAKE WOOD RIDGE ACRES SHADY KNOLL KENSINGTON ESTATES OAK BLUFF 2ND HILLS OF BUNKER LAND 2ND KENSINGTON ESTATES 2ND WOODLAND CREEK CREEKSIDE ESTATES THE OAKS WINSLOW HILLS TRUNK WM (AREA ONLY) CROSSTOWN BLVD TRUNK WM (4) SUBTOTAL (1987) CONNECTION CHARGES (7) (7) (7) (7) (7) (7) (7) (7) (7) $11,032.00 $16,154.00 AREA CHARGES $16,497.00 $46,534.00 $1,463.00 $1,424.00 $813.00 $53,092.00 $20,150.00 $43,550.00 $8,522.00 $10,550.00 $61,470.00 TOTAL LATERAL BENEFIT TOTAL ----....- $27,186.00 ------ ----- --- $0.00 $291,251.00 $96,300.00 $32,400.00 $810,000.00 $1,800.00 ------ $940,500.00 $59,400.00 NO WATERMAIN (2) (2) $24,300.00 (2) (4) $14,400.00 ------ $98,100.00 $144,530.00 $18,430.00 $20,370.00 $74,690.00 $71,780.00 $62,080.00 $31,040.00 $88,270.00 $8,730.00 $8,730.00 $77,600.00 $264,065.00 (1) (1) $254,970.00 $980.00 $255,950.00 $26,933.00 NO WATERMAIN (2) (2) $7,353.00 (2) (4) $2,655.00 $43,056.00 $159,610.00 _____c__ $202,666.00 $1,399,116.00 (2) (2) (2) $38,400.00 $36,941.00 ....-..---- ----- ------- $38,400.00 $173,441. 00 (4) (5) (5) (5) (5) (5) (5) (5) (5) $4,953.00 (5) (5) $689,079.00 (4) $32,229.00 $2,733.00 (2) $1,198.00 $98,273.00 $10,900.00 $606,250.00 =__=_-=________ _=__=___=--=_= ___c__------=- ----=-==~-==~ $145,333.00 $1,445,615.00 $694,032.00 FTGURE 3-A 0_- 88-4 , ) 88-5 \.. 88-6 88-7 88-8 88-11 88-12 88-13 88-17 88-19 88-20 89-4 89-17 89-22 90-3&16 90-5 90-6 90-15 90-23 90-25 91-2 91-4 91-6 FOOTNOTES: ROUND LAKE BLVD UTIL HILLS OF BUNKER LAKE 3RD KENSINGTON ESTATES 3RD BRANDON'S LAKEVIEW ESTATES OLD COLONY ESTATES HIDDEN CREEK EAST OAK BLUFF CREEKHAVEN RED OAKS MANOR 5TH WOODLAND CREEK 2ND BENT CREEK ESTATES (3) $2,910.00 $84,390.00 $39,770.00 $3,880.00 $54,450.00 $9,924.00 $1,772.00 $6,790.00 $11,075.00 $42,680.00 $7,920.00 $1,585.00 (5) (5) $1,425.00 (5) (2) , (5) (5) $1,971.00 (5) (1) $3,751.00 $9,240.00 $49,170.00 $20,110.00 SUBTOTAL (1988) ______________ ______________ c=-___________ -------------- $78,520.00 $352,813.00 RED OAKS MANOR 6TH HIDOEN CREEK EAST 2ND (2) WANDERSEE SUBTOTAL (1989) KENSINGTON 5TH , 6TH HIDDEN CREEK EAST 3RD WATTS GARDEN ACRES CROSSTOWN WATERMAIN CLEMENS CORNER MOSQUITO CONTR COHM l'lM (FR) SUBTOTAL (1990) TOTAL OF ABOVE ASSESSMENTS 1991 PROJECTS (ESTIMATED) ==--=----------- CREEKVIEW CROSSING (5) (FR) HILLS OB BUNKER 4TH (FR) (%) HARTFIELS ESTATES (EST) ESTIMATED TOTAL (1991) CASH PMTS MADE TO CITY (8) ELEM SCHOOL TRUNK ASSMTS ANOKA CO HWY DEPT ASSESSMENTS TOTAL WITH 1991 PROJECTS $265,561.00 $28,710.00 $29,540.00 NO WATERMAIN $8,732.00 (5) $12,626.00 NO WATERMAIN NO WATERMAIN $58,250.00 ---- ----- ---------- ------ $0.00 $70,876.00 $51,695.00 (3) , (5) $6,013.00 NIA HOLD $17,222.00 $12,626.00 (5) (3) , (5) (5) NIA (5) $3,174.00 $74,930.00 $3,174.00 $2,070,777.00 $1,275,520.00 $91,785.00 $63,300.00 $26,375.00 (5) (5) $19,440.00 NIA HOLD $13,270.00 =-------- ..------- $13,270.00 $91,374.00 $478,189.00 $3,824,486.00 - ---- --------- ----- $0.00 $200,900.00 $181,460.00 $19,440.00 ---- =----- -=------ $421,000.00 (7) (7) $2,673,237.00 (7) $5,475.00 $1,300,435.00 $9,530.00 $436,005.00 $487,719.00 $4,461,391.00 (1) 80-3 ASSESSMENT (2) 85-8 ASSESSMENT (3) REMAINDER AFTER 85-8 ASSESSMENT (4) LUMP SUM WATERMAIN ASSESSMENT ON TRUNK LINE (5) 87-3 ASSESSMENT (6) REMAINDER AFTER 87-3 ASSESSMENT (7) INCLUDED IN CASH PAYMENTS MADE TO CITY COLLECTED BY CITY WITH BUILDING PERMITS (8) AMOUNT AS OF 3/91. ALL ASSESSMENTS NOT YET COLLECTED, INCLUDES CONNECTING CHARGES FROM 80-3 AND LUMP SUM PAYMENTS MADE WITH BUILDING PERMITS FOR OTHER PROJECTS (9) TO BE ASSESSED WITH 88-5 C) . ESTIMATES FROM FEASIBILITY REPORT Figure 3B '-.) "~,", ~:(J1'\~ tr\) "''''''-':~Ior,,''r,:''''';''''-'fI''!i,~i!';!!1f'''('iic CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NQ Non - Discussion Items DATE May 7, 1991 ORIGINATING DEPARTMENT Planning ,. ~ APPRO~FOR ::E~ J ITEM NO. ;1.../. ~up. .liO raon NO raeen Sales & Repair Shop 17357 prairie Road NW BY: David L. Carlberg City Planner REQUEST The City Council is asked to receive and accept the application withdrawal request of Gordon Nordeen for a Special Use Permit to operate a motorcycle, snowmobile and ATV sales and repair shop located at 17357 prairie Road NW. The Planning & zoning Commission, on March 26, 1991, tabled the item pending further information from Staff. Mr. Nordeen submitted the attached letter prior to the April 9, 1991 Planning & Zoning Commission meeting. According to Ordinance No. a, Section 5.03(C)(6), the City Council must take action on the application within sixty (60) days after receiving the report from the Planning & zoning Commission. RECOMMENDATION Staff recommends the City Council accept the application withdrawal by Mr. Nordeen and that Mr. Nordeen be reimbursed the unused portion of the application fee. MOTION BY \ . TO COUNCIL ACTION SECOND BY o /\ \ ) April 2, 1991 t.:": ~ David L. Carlberg - City Planner City of Andover Crosstown Boulevard NW Andover, MN 55304 Dear Mr. Carlberg: This letter is to inform you that I am withdrawing my request for a special Use Permit to conduct a motorcycle, snowmobile and ATV sales and repair shop at 15357 prairie Road NW. I have decided that the request is more work and stress on my health then it is worth. I will be moving the above operation north and will also be selling the semi-trailers used currently for storing fabric. Sincerely, ~~ Gordon Nordeen //:4 ",) "0 ;t'(~/"'\\~~! ~ ~ ~ .~ \J,'1~ Jii.l 1'!"~'~~~-r;;,;;\,,''f.<j.(J!'''' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 ITEM NO. :l~. Accept Feasibility Repcrt/ 91-5/Njordmark-Dale BV: ~ :?~~ ED FOR "-- '- ~ BV:! ) / AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Engineering Todd J. Haas The city Council is requested to approve the resolution receiving the feasibility report and calling a public hearing on improvements of street construction, Project 91-5, in the Njordmark-Dale, 178th Lane area. A copy of the feasibility report is in your packet. An alternate has been included which excludes sodding. It is recommended to discuss this option with the property owners at the time of the public hearing. COUNCIL ACTION \ \ MOTION BY TO SECOND BY ~) ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREET CONSTRUCTION , PROJECT NO. 91-5 IN THE NJORDMARK-DALE/178TH LANE AREA. WHEREAS, pursuant to Resolution No. 048-91, adopted the 16th day of April , 19 91 , a Feasibility Report has been prepared by BRA for the improvements: and WHEREAS, such report was received by the City Council on the 7th day of May , 19 91 : and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 74,950.00 NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for project No. 91-5 , for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 74,950.00 A public hearing shall be held on such proposed improvement on the 4th day of June , 19 91 the Council Chambers of the City Hall at 7:30 t.m. and Clerk shall give mailed and published notice 0 such hearing and improvement as required by law. 3 . in the MOTION seconded by Councilman and adopted by the City day of Council at a meeting this 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk C) ~~ ""~ ,.~~ )'~/ ""'>" ';....'. \i ;\,\~~' T""i'fr . "dole ""'""""~"'''''''~t''' . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1991 DATE Non-Discussion Items Engineering ,# AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO;., .:z yo, 'J , Accept Feasibility Rep rt/ 91-6/Hartfiel's Estate BY: Todd J. Haas The City Council is requested to approve the resolution receiving the feasibility report and calling a public hearing on improvements of sanitary sewer, watermain, streets and storm drains, project No. 91-6, in the Hartfiel's Estates area. The report includes Ken Heil's property which could be developed to 8 lots in addition to Hartfiel's Estates of 56 lots. It is staff's understanding that Ken Heil is not interested in doing his development at this time. Lots 5 and 6 of Block 4 are proposed to be assessed for sewer and water 1 unit and not to be assessed for street. (The house fronts and accesses Andover Boulevard). In reviewing the half section maps of this area, the back 45 feet of these lots had been split off and attached to PIN #26-32-24-23- 0002 (Heil's south lot). The property owner of Lots 5 and 6 then had these lots combined into one lot. Total lots proposed to be assessed: Hartfiel's Estates 56 Ken Heils 8 b4 East half of Bluebird street to be assessed 9 units. The property currently is not in the MUSA. COUNCIL ACTION \~ MOTION BY TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0:) RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF SANITARY SEWER, WATERMAIN, STREETS, STORM DRAIN, PROJECT NO. 91-6 IN THE HARTFIEL'S ESTATES AREA. WHEREAS, pursuant to Resolution No. 047-91 , adopted the 16th day of April , 19 91 , a Feasibility Report has been prepared by TKDA for the improvements: and WHEREAS, such report was received by the City Council on the 7th day of May , 19 91: and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 731,285.64 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for project No. 91-6 , for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 731,285.64 A public hearing shall be held on such proposed improvement on the 21st day of May , the Council Chambers of the City Hall at 8:01 Clerk shall give mailed and published notice of hearing and improvement as required by law. 3. 19 91 in and the such MOTION seconded by Councilman and adopted by the City day of Council at a meeting this 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Kenneth D. Orttel - Mayor ATTEST: ~J victoria volk - City Clerk ,) :/~.;'r.,\",,\ !'c:~_~ ~ ~ '....(1 ?~;,__,i;-; '1~,,~,! 1If,?i: ...."-.,,,,-...~-,.. ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 ITEM NO. ,(. ~T. Approve Plans & Specs/ 91-2/Creekview Crossin ~ AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Engineering BY: Todd J. Haas The City Council is requested to approve the final plans and specifications and order advertisement for bids for project 91-2, Creekview Crossing for sanitary sewer, watermain, streets and storm drain construction. The plans and specs are available in the Engineering Office. COUNCIL ACTION MOTION BY ,- TO SECOND BY () ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 91-2, CREEKVIEW CROSSING FOR SANITARY SEWER, WATERMAIN, STREETS AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 041-91, adopted by the City Council on the 2nd day of April , 19 91, TKDA has prepared final plans and specifications for Project 91-2 for Sanitary Sewer, watermain, Streets and Storm Drain construction; and WHEREAS, such final plans and specifications the City Council for their review on the 7th May , 19 91 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . were presented to day of BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. Friday May 31 , 1991 at the Andover City Hall. MOTION seconded by Councilman and adopted day of by the City Council at a meeting this , 19 , with Councilmen voting in favor of the resolution and voting against same Councilmen whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk :_) ':"""~":"'~':''''''~ CtA) t;, J~" '~"~~"-"_:l'.--,r-~;!l;'j fpj!<P"'itJ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1991 DATE Non-Discussion Items ~J.M~ Approve Final plat/ ~o. Genthon ponds Engineering ,'/ .# '. ~ ~'-- , ~~~~~\D t)-J Bft: / FOR AGENDA SECTION NO. ORIGINATING DEPARTMENT BY: Todd J. Haas The City Council is requested to approve the resolution approving the final plat for Genthon ponds Addition. The final plat is in compliance with the preliminary plat. It is recommended that the plat be approved subject to the following: 1. The City Attorney presents a favorable title. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer will be required to escrow for the uncompleted grading (it is part of the Development Contract) of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. Street light costs to be paid to Anoka Electric Cooperative. 5. The final plat is not to be signed by the Mayor and City Clerk until there is an executed Development Contract, escrows are paid and the letter of credit have been received by the City. 6. Park dedication as determined by the Park and Recreation Commission. COUNCIL ACTION MOTION BY TO SECOND BY () CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE FINAL PLAT OF GENTHON PONDS ADDITION AS BEING DEVELOPED BY ROGER A. HOKANSON OF HOKANSON DEVELOPMENT, INC. IN SECTIONS 1 & 2, TOWNSHIP 32, RANGE 24. WHEREAS, the City Council approved the preliminary plat of Genthon Ponds Addition; and WHEREAS, the developer is responsible to obtain all necessary permits from the U.S. Army Corps of Engineers, the DNR, the Lower Rum River Watershed Management Organization or any other agency that is interested in the site. WHEREAS, the developer has presented the final plat of Genthon Ponds Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Genthon Ponds contingent upon receipt of the following: 1. The City Attorney presents a favorable title. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer will be required to escrow for the uncompleted grading (it is part of the Development Contract) of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. Street light costs to be paid to Anoka Electric Cooperative. 5. The final plat is not to be signed by the Mayor and City Clerk until there is an executed Development Contract, escrows are paid and the letter of credit have been received by the City. 6. Park dedication as determined by the Park and Recreation Commission. ~) ,_/ /-'.., ----.) - " ;' ) ',J BE IT FURTHER RESOLVED citing the following: 1. Lot 3, Block 2 in that it does not meet the minimum 2.5 acres requirement in that it is only 2.2 acres in size as required by Ordinance 8, Section 6.02 R-1 Single Family Rural Area and Ordinance 10, Section 9.06 a.3. 2. Lot 2, Block 1 does not meet the minimum width requirements at the setback lines as required in Ordinance 8, Section 6.02 for R-1 Single Family Rural Area and Ordinance 10, Section 9.06 a.3. Adopted by the city Council of the City of Andover this day of , 19 CITY OF ANDOVER ATTEST Kenneth D. Orttel - Mayor Victoria Volk - City Clerk CA/ ~"",~- /.," '-.\, -( ..,,:. ~/.::)~ D3 I ~J H ,) \ l "i~_~~'''''c''''''.".,.r_'lII!;,;!:'i;.:4j~'''Jiy1 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 AGENDA SECTION NO. ORIGINATING DEPARTMENT Non-Discussion Items Engineering .(K ITEM NO. 26. Approve Developmen Contract/Genthon Ponds BY: Todd J. Haas The city Council is requested to approve the attached Development Contract for Genthon Ponds as presented by the City Attorney. An escrow for the development improvements (page 5) will be required. The escrow will be in a letter of credit or cash in the amount of 150% of the total estimated cost of developer improvements. This contract is very similar to Woodland Meadows where the developer was allowed to record the plat prior to the completion of the lot grading and streets. , MOTION BY TO COUNCIL ACTION SECOND BY ~) DEVELOPMENT CONTRACT (Developer Installed Improvements) THIS AGREEMENT made this day of 19____, is by and between the City of Andover, whose address is 1685 Crosstown Boulevard N.W., Andover, MN 55304, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City", and Hokanson Development, Inc., whose address is 9174 Isanti Street N.E., Blaine, MN 55434, hereinafter referred to as the "Developer". WHEREAS, the Developer is in the process of platting certain property known as Genthon Ponds; and WHEREAS, the Developer desires final plat approval prior to completion of all on-site improvements as required under the Subdivision Ordinance of the City of Andover; and WHEREAS, said Subdivision Ordinance authorizes the City to enter into a performance contract secured by a bond, cash escrow or letter of credit to guarantee completion of all such improvements following final approval and recording of the final plat; NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO that the Developer will provide all labor and materials to construct the improvements described below within the plat of Genthon Ponds according to the plans and specifications attached hereto and (J made a part of this Agreement. -1- IT IS ALSO AGREED: () ARTICLE ONE DESIGNATION OF IMPROVEMENTS Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer's Improvements". ARTICLE TWO DEVELOPER'S IMPROVEMENTS The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: A. The Developer shall do all site grading including common greenway and open spaces, storm water storage ponds and surface drainage ways including sodding of boulevards all in accordance with the approved grading, drainage and site plan. Furthermore such grading shall provide for thirty- nine thousand (39,000) square feet of buildable area on each lot, with a minimum width of one hundred fifty (150) feet and a minimum depth of one hundred fifty (150) feet. Upon completion of all grading, Developer's engineer shall certify in writing that the plat is graded to the plans and that all unbuildable soils are removed within the street right-of-way and within the thirty-nine thousand (39,000) square feet of buildable area cited above. The yard shall be graded to allow the construction of a driveway. A grading plan with maximum two foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. B. The Developer shall control soil erosion insuring: 1. All development shall conform to the natural limitations presented by the Topography and soil of the subdivision in order to create the best potential for presenting soil erosion. The Developer shall submit an () _ -2-- () 2. erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as con- struction progresses. The smallest practical area of land shall be exposed at anyone period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respread- ing over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to develop- ment. C. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. D. The Developer shall pay for the installation of all standard street name signs at all newly opened intersections within the development. The City shall install all such signage and Developer shall reimburse the City for the cost thereof by payment in advance to the City of the estimated cost thereof. E. The Developer shall remove all dead and diseased trees before building permits will be issued. F. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until the subdivision is completed. Warning ':) -3- () signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street become impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the developer shall maintain a smooth driving surface and adequate drainage on all temporary streets. G. The Developer shall furnish street lights in accordance with the City's Street Lighting Ordinance No. 86. The Developer shall conform to Ordinance No. 86 in all respects. The City shall order the street lights and Developer shall reimburse the City for such cost. General Requirements: 1. Residential street lighting shall be owned, installed, operated and maintained by the electric utility company. City and electric utility company shall enter into a contrac- tual agreement on the rate and maintenance of the street lighting system. 2. It shall be the responsibility of the Developer to: a. Advise all lot purchasers of their responsibility for street lighting operating charges. b. Pay for street light charges for all lots owned by the Developer. H. The Developer shall dedicate and survey all storm water holding ponds as. required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the develop- ment. I. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. ~J -4- J. The Developer shall make provision that all gas, telephone and electric utilities shall be installed to serve the development. ~) K. Cost of Developer's Improvements, description and completion dates are as follows: Date to be Completed Description of Improvements Estimated Cost 1. Site Grading and Erosion Control. 2. Street Maintenance. 3. Street Construction. 4. Storm Sewer Construction. 5. Lot Stakes. 6. Diseased Tree Removal. 7. 8. Total Estimated Construction Cost For Developer's Improvements: $ Estimated Legal, Engineering and Administrative Fee (30%) Total Estimated Cost of Developer Improvements $ Security Requirement (150%) $ $ L. Construction of Developer's Improvements: 1. Construction. The construction, installa- tion, materials and equipment shall be in accordance with the plans and specifications approved by the City. 2. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. ~J -5- CJ 3. Easements. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer's Improvements as determined by the City. All such easements required by the . City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 4. Faithful Performance of Construction Contracts and Bond. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improve- ments and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, Irrevocable Letter of Credit, or a Performance Bond, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements as indicated in Paragraph K. An Irrevocable Letter of Credit or Performance Bond shall be for the exclusive use and benefit of the City of Andover and shall state thereon that the same is issued to guarantee and assure per- formance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and speci- fications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit or Performance Bond for the purpose of guar- anteeing the terms and conditions of this contract. The Irrevocable Letter of Credit or Performance Bond shall be renewed or replaced by not later than twenty (20) days prior to its expiration with a like letter or bond. 5. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit, Performance Bond, or cash deposit (J ---6- r . \...) based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of reduction will be determined by the City and such recommendation will be submitted to the City Council for action. ARTICLE THREE RECORDING AND RELEASE The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. ARTICLE FOUR REIMBURSEMENT OF COSTS The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited, to the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. The Developer agrees to deposit with the City such sums as required by the City Administration. Said amount shall bear no interest and the City shall have the right to pay all fees ,-",\ and expenses and costs which are the obligations of the \J' -7- ~) i:~) ~ Developer under this contract from the aforementioned escrow deposit. Any monies remaining after the payment of said fees and costs shall be returned to the Developer. ARTICLE FIVE OCCUPATION OF PREMISES The Developer further agrees that they will not cause to be occupied, any premises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone, streets to Class 5 subbase, unless the City has agreed in writing to waive this requirement as to a specific premises. ARTICLE SIX CLEANUP Developer shall promptly clean dirt and debris from streets that has resulted from construction by the Developer, its agents or assigns. ARTICLE SEVEN OWNERSHIP OF IMPROVEMENTS Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. ARTICLE EIGHT INSURANCE Developer and/or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the - -8-- '~ ;~J private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than Two Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. ARTICLE NINE REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees. -- -9- ARTICLE TEN ~) VALIDITY If any portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. ARTICLE ELEVEN GENERAL A. Bindinq Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1.until changed by notice given as above. C. Final Plat Approved. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and of all required petitions, bond and security. D. Incorporation bv Reference. All plans, special provisions, proposals, specifications and con- tracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. (J ~-10- ~) (J ARTICLE TWELVE BREACH OF CONTRACT In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the plat until such time as such default has been corrected to the satisfaction of the City. DEVELOPER HOKANSON DEVELOPMENT, INC. CITY OF ANDOVER By By Mayor By ATTEST: By Clerk -11- STATE OF MINNESOTA) r-) ) SS . '--../ COUNTY OF ANOKA ) On this day of , 19___, before me, a Notary Public within and for said County, personally appeared Ken Orttel and victoria Volk, to me known to be respectively the Mayor and Clerk of the City of Andover, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA) ) SSe COUNTY OF ANOKA ) On this day of , 19___, before me, a Notary Public within and for said County, personally appeared and , to me known to be the and of Hokanson Development Inc., a corporation organized and existing under the laws of the State of Minnesota, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation. Notary Public This instrument was drafted by: <\ 'J Burke and Hawkins 299 Coon Rapids Blvd., #101 Coon Rapids, MN 55433 --12- - ~) _..,-"..,'-''''"''',''.'->, ~,~ ,.. '~ (~' "1 'M, ,.~ "\'""""l-/ -;~I~~~_".....~,'I<'''"~~.J!' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 Non-Discussion Items Engineering \ APfl~o~ VEt)OIR AGiN A "'-- 0 " BY,( / J l/ AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO'1 (J.. Receive Petition/91-10 159th & Quinn Area ..($Il< BY: Todd J. Haas The city Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvements of streets, project 91-10 in the 159th Lane NW, Swallow Street NW and Quinn Street NW area. Attached is the map of the project area shown in orange. proposed total number of lots - 42. Number in favor of improvement - 23. Number against - 6. Number unavailable - 12. Note: It is proposed that the property at 2032 159th Lane NW be assessed 2 units. The property owner has approximately 7.0 acres. I talked with John Fields at 15787 Swallow Street NW and he has indicated that he is not interested in the improvement. Staff did not include his lot in the total. The proposed project for Swallow Street would end on the south property line of 15859. COUNCIL ACTION MOTION BY \ -- TO SECOND BY ~) ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman A RESOLUTION DECLARING ADEQUACY OF A FEASIBILITY REPORT FOR THE PROJECT NO. 91-10 IN THE 159TH STREET NW AREA. to adopt the following: OF PETITION AND ORDERING PREPARATION IMPROVEMENTS OF STREET CONSTRUCTION, LANE NW, SWALLOW STREET NW, QUINN WHEREAS, the City Council has received a petition, dated April 18 , 19~, requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to BRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman and adopted by the City day of Council at a meeting this 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor victoria Volk - City Clerk o _ J~~. 99 J2~, 99 ~;\ _. /N<t ,~ '. _..6,)79.., ofl'; ~ (2~ \ , ',,----- CENTER S II1"f'Jia-c. -..-:-: ,,' . _ _m.o, RIGHf::c ,'-.u'''.-- '-'-il:t>. ~ ~'-' .,;:-- i I I ~ t @ , ,t __COUNTY ISIST AVE..d,-N.W. ~ !/) ~ :,- ~ {,usa, ~ :-~: .. 0 . .. ~ (4)0 .s, ""'~''''''J! '10 ~ '1.... ' ,. _ (ssao) , (,2) ,-"," ,~'.;f/ .c ~~ ~.. ." fiiJHWAY ~~... r 4.;.z @ i/.) r$"74aJ "8f'-/O~/.'" ~-B~_~I ~~. I (",zcJ o (3) ~ 7~":;":;,1.. F";~r..t/' ~ ,1\ , . ~ ~ ,'.r~' (7) (Ho.,; (1) (L."od i .,!-/J.", f4) r \..:. " ~ '- ";r--~ .~1 (;),<1 ","l. !~ :;: ~~ r .!~~ i N -- -l ~ ~~ _ _--=-_ L-.o~"~-.;.!J ~: -f"~". :~:l M ] (t) ,.~ fI,) ($736) ~ i/..) rrfJ2J ~ 'I (<'J) (JzI (su#l ~ 0\ ~ , , I (;6) (r-8La) , , '.. ~ ,,) (;J) (572Sj ~ (is) (f,) (5"71<6) ~ : (p) (>8~'f") ,~- ."1 ,'.ct.... ~- ~ ~ ~ (1"11) t~., '- (<900!-IJ) (01') (~7oe) (J4) rnJGoJ .:; ~...... ~;:;o ~w Ie) : J:! (14) (zd., . f.u) (~3) (.2~~~ ~;i !~" (;+) .....'" "l'" ] "" , ~ (3,) ~... . .,":-~ .. ~~ _.,t.4. ____"'..... ~): ~~ .l".'. ~... (2) ~ - ~ -. -,0...".. , , ~ ",: So.. ~ ~ ;,. Ii.. ~o .~ ~ :\ ' ~ :" , ' f , ,-- " ~ ~ ,~ ;t:' (!) :t ~) ( 1"eso) ~ ~~, ,... J ~""J. ..~ ~ '- ~ '- (;792) '" ~,,> (z41 .~_I' ,~ " "~i;'" '- ",,0 ~ (rt92J' ...', '- ~"'" , r'1"8ij,t) .?#, ,." ..t." ~ ~ "-. J..r~." r- 61il]~I1f i.fD'l1.:~<!. /J) ,~&?./ ...' I "" ... ",q, I '-, ~ I . ~.....~ I .""..... I .. : M ~, (<0/25) i I ..... _ .J;.(.".4.i.:p~I;.."'.F,CJcJs f : , , , , , , f , ^ ~ I , I !~'. I ,'" I,! , :! I :~ I I I_ i I i~ : I!; I I 10 -21. ,:t!_!".7o 4;.., , , '- ,-.-J ~ "'-- t, ~ 8 ~_'!T.<7<; "'-. ~- Oo~"~, ~)~ ,ii, b~" '] . ..L .. , ~ . -/' ~~ .." .. ~.. .... ,,", ""D" -. ~",' , .', ,. - ... ^4 ,\, ~3' '1 ~>1. n.. ',1 o,ij!i .,., 'j ~-. w ~ ',- ~7 ~.. ~ '1~~-1--~1-9~~"l,'[ J l.:: .'./,', . ~. ,,0 , ., q(__(O CITY of ANDOVER IT nr:- .^I\!1j"W'7:-l Date: '/-1 <)'9/ No. <J/-/C feU-II . Gentlemen: We, the undersigned, owners of real property in the following described area: / -c..--<'Z / './ .~ , //, /...i. n' 2i7' ./-/ .' - ft/ ' !:, (' :,,,<,"-. /{. H /' -/---u/--._ /J/"/7?~'-A /<:2--/0 /C./ fL, .0' L</L-(.~-"--"'/A .,')/ /"'.-c.J. 0- t' .,./.J C; .t-l..o-"" /'1/ /!.-tu,.?, .-n/ 1c;P.:4-L...,,-<..- d~/Z:: C-.//!..y;?~ ;c~.r/:4/:-~? J/;;~: ,,?;'./..:~'-'~~._o / . J : _.;1 do hereby petition that said portfon of said area be improved by Construction of City /Lt'v/f A-r~",'.2.''''~'''''-''''''''.'-A' 0, . / /0 )j .Cc<.-cL Tc /) ,;i.'7v//../1o //::.<:..7 ..---;;;'ot.c-,;.--~c:..~ , ....-,/ ,.I .../ 0--' and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. ADDRESS LEGAL DESCRIPTION YES NO /\)1,,). " }..) .'v'-.J J..)\j...;,. ..).../ ;1/ /./ / X. v , p oev--' fJ.\';'..l. 1// :) This petition was Address:.2 /C;-,..:j- - /) / circula ted by: /;"/ 7-- r/' 01~ /' -- /' /.... 7 ~c:/-::~...-c-.:......- L ~. ... ,Z7?l /' --.... I~./CJ--A. " ",/0 --?/?~- ,-,'-..,-:;( j ;;'-'h~/ ~..:~<"~ ....,."'~, CJ ~~./,Q>"~, '1;1 . 6 ~ '-~ ,/ ..~ CITY of ANDOVER I _._--~... ,~. _ l~- ':'1;.1 ~d ~,"04., \\~<"'l'!1o .,;.!'{~~~ j /1 ~:~ ~j~ t:.. \.; ~~:~ ~ \ :..,../,J. _.,~...0<'0_-_....~....1,' " o....i 'j I ,1 .. \ !'1 . O'j',', . '0....., 1 -. 1001 1,0.1 [J , 1:~ .:".;"';,"\ :: ..J~... ~ 0' ~ ~-' . -. - ~- qlJ t D '-" , Date: I..j- / C; - 9/ No. 'fl-lo!1f-// Gentlemen: We, the undersigned, owners of real property in the following described area: /sr;U~'J0/Z./tc;-?..__)l,,-c~ ~..l)V!O/t., ~r~7~../. .J/-/;Yi(J ~/;. _..d./A4;V I:;.~~n!-S<; ",~./}"h'../l~/..c: (', 1/"" :u :,~..~.//VL/~j/,::,. '/U Jl/t?,/.?,/~~ /~?/9I/.--i~ L~. ';<~_:;L..)O . ,/ J" / ,/' do hereby petition that said portion of said area be improved by Construction of City ~ ..ku -;/ ~/). ~'-<'_~__~) " ,- g: )..L. / J. "'. ~(,',-') /1 I 0 Ao ,(I-/~ .6 I~d k/' /7~'7/'Z.'L~jrCJ .. ;l[ff.7f;;,f/,04.~ and that the cost of said improvement be assesse ag~i. t e ( ,enefi~g property, as authorized by Chapter 429, Laws of Minneso a. (.~'7 /57 ~ '~ G>~,-~ NO ADDRESS LEGAL DESCRIPTION I)~ ,'. I' . I ,-L .)LV'i It.:",r- 0, ~ YES ~/ y' /J-i...i ~~ ~' /1...-'<:'" " ./ /Z-'c'c..i V '\0\-0. J / <:'~ ~ .. :...~..:.~ /!...~' '-';, ~. 'r ,--', '..J O ! 7: L' . .. '. _I'. // ~ Th1.S pet1. t1.on was' c1.rcula ted by: /-;,. /-- ./, /.O-..-;Y'~ /.....",...~ (/--, .- - cr ~ ~,'" .-' ' /. -. . Address:-.--;" I <'.'y / <; /' -Z<:- r.~-J /1./ L,' /' .0/'0""/.---'0. ./7/. .~_ c.~ ~'c \0' CITY of ANDOVER L "" r........ J'-" " ,_~. , I,' ~ '1 ,', .. 0,- ",0,"'.",,- I :~ ,':\.I ~ J~ ;l ;., ,~ :::: ~ ; d It- ,.., _ ....r' .1.:1 :1 ~ ,.~~.~}; ~::.:.~~~-.~. :'~-, ".; L:r j ;1 I ~; ',\,1 ' ..' .~-.,- ,..,,"-.'....l,i ,',I q V, .1 ij I :. ,;: . !',,... -.;') -,"J ,. oj It, '0;"",) 1,; ,b91 JlCl .',1 ~ 1 r- V f"Ir- ft, '::::~ .';.." I ql_'O I ../".~ · C) ,\,0/ C(;\ ,J . ~ . . A . . ."""-,,F" Date: </- /5 J} / 'II - J() / q '-11 . No. Gentlemen: We, the undersigned, owners of real property in the following described area: c) ~ l~,/.' ~ do hereby petition that said portion of said area be improved by Const.l:'uction of City ......<::01'1'''';+ J:.,()-Prov'<"-Ir1;;.",Ts g Jc,\{ k- 10 P Gt,if'lct S:+'..>cL+ LI'Ih-t\~1 .. and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNA'l'TfRE OF OWNER ADDRESS I.EGAL DESCRIPTION YT~S NO '.lor! /.!;,/f/.. !o:'J<J.A/cJ- 66-915 5 /0 X / t' C"~': ! '...' '/ .-./- /]/",,/ Iii / IU /.; / / / '2" '11 - ,..'1 tJ.. 0 L..",,, e. NvJ / :;-] LI 1 ~~ (,\/ 0 Y- ;X '\'J I 1 \ / '--'---', {_ I L- . . -~.' , .{.....;(..J1........Jc.:L-, _~ ~ ~~: 3/' - ,/j.-:' ---:.'.;,;;.---- )(..~J- x X \( -, /~'IYy) _ .::J/:;;.? /:s9Z?f ~7 '7'/ ~ A. 0 '.. 71' / , I 11)/,; ,7~ II 0 C'7//:""'-r.// ;! /1J;/-/L, '7 .c:i!d /--./\ 'u~ .... I . , This petition was circulated by: (j',-?/,r:/ /-1 /~ ,I" ,4-' Address: -; (,:,C( /::5-9//:/ i(?/J~- /(ji/v. /i,.;".--l7'/JlLr //'1'/1/.- ;---'---:>0' / :~ '\ ~ '"l/ .' ~~- "1 '"" ~) "C}\" '" ,-i" 'c:,. -' ,'~ , - ~' ~ 1\ /,1 ~ ~ '~'''''''~;I!!O~'~'''jfi''':(1P;'F CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 Non-Discussion Items Engineering ~>lC AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO, (f ;J.lr Receive Petition/91-11 street Lights BY: Todd J. Haas The city Council is requested to approve the resolution declaring the adequacy of petition and ordering the preparation of a feasibility report for street lights, project 91-11, in the 159th Lane/Quinn Street/Swallow Street area. See attached petition and diagram of area to be considered for street light installation. Total * of lots - 42. Number in favor - 23. Number against - 6. Number unavailable - 12. It is proposed the property at 2032 159th Lane NW to be assessed 2 units. The property owner has approximately 7.0 acres. - MOTION BY --- TO COUNCIL ACTION SECOND BY / ' o (~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF A FEASIBILITY REPORT FOR THE PROJECT NO. 91-11 IN THE 159TH AREA. OF PETITION AND ORDERING PREPARATION IMPROVEMENTS OF STREET LIGHTS LANE/QUINN STREET/SWALLOW STREET WHEREAS, the City Council has received a petition, dated April 15 , 19~, requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to AEC and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman and adopted by the City day of Council at a meeting this 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor victoria Volk - City Clerk o ~~],1J~~~ . 6 .. ',~ -~/ ..~ '-;,"', ~" ,f,. ie ',1, t~if r,:" .,0,',' " ( II ~ " 'j o'~ .J' .:... ",jJ .,..., ,,' " i:!."" 0 r,~ .~_.._----~._.l'. l 'J" I ' , ,h o,):~ 1 '109Q'1 '. . .:"" ~5 ,A_ r \', " .....' I_ '" I ' ~-/ ... q ( --Iff' CITY of ANDOVER IT n~ (l1\1r"\r')\17~ I Date: '7-/ <)'9/ No. Cfj-/o hHI . Gentlemen: We, the undersigned, area: / !, -7/~- owners of real property in the following described /1 . ~/' . V . . -1, <,r/ ' t.C:l.-L..:.c ./.)T/~o-c.)J S .u,o-"A-<LI A.Iv h ,,-n_ /c;f=L,;--- /ltL/T: C~/t..':I,)(.. ;C;--n.../~-:t/.,..,~~ J/;;i_'o?;,-J~,-),- 4~__ I ' J d do hereby petition that said port~on of said area be improved by Construction of City ~ -1';;.../ A-,~""~'L'"",-<:.......,...'~A' . 0:;' / ' IS -C-CdL Tc /:J C?-~,-//' A /~7 ,-2-t. c__Lt:~ and that the c~st of said improvement beo~sesse:~gainst the benefiting property, as authorized by Chapter 429, Laws of Minnesota. ADDRESS LEGAL DESCRIPTION YES NO I\oh,), }..) \,.'-.J DtN. ....).../ ;1/ i/ v eX / v V (J /l/ This petition was circulated by: ~r~/- ~ ) / ' _ (-7::.: 0]' /~ , /'1 Address :....: ..S-,-ir / /..-7"c...-~v ~ ' L Lo k/7L I~^~.-- ~'/, o c\ If I "'-:2:.-r~,~ 1-:.:-",< ,.-"~, ", CJ ~~./,.fJ~', ", ' '\;1 . 6 ~ ',~~1 CITY of ANDOVER ; ---:---r.... ,eo ,.. ~ .I ..... ,"""' I "A >>,. ,1 h~ c'iI U-' '~ ,i); - ~";~,,::~---~~o_'~~l',i If,'" ;1 ,\ , j I ';1 <,.'; . '0,.-, 1 - 1 aQ' . ~kj ~~ ~ .t...i-.',..... _ ;: ..J__1 I~ ; ~- - -~- ql-{ v. , Date: i;!-/c:; '9/ No. "II-Io/e,l-II Gentlemen: We, the undersigned, owners of real property in the following described area: , jSY -4 / n,/ /./ 0 0 ,i j) H' ~~. /'./.. ./ ,L. . 0 0 I / . . '7' ,?4'/7C_I'& ce. -?->_",..,.,..//l/p~Lc'/t." A-:I'/u:lo/Z.-' % r/'''';-7- I" ./(~/(,;" 1'/_,_. .d/d.-?L/ . , o,j .,~ J h~-n? !-s'Y ...0'7t...,. /ljr:L/...z:. ('. ~,o)' 'Jr. : ./~-;.,_~/f/./ ~./r-::~, .iI J?/,z/.c::,/~~ /.,--y/}//,h;: L~, /7i<,-..;;.< ..)0 ( . ./ .../ <' ..-' do hereby petition that said portion of said area be improved by Construction of City ~ _~/ /:-/ ~/:!, ~'-<"_~.'_ ~., , ;; /~r-/ ~ ,/'J t'/~// .--d~'/-1P~//-D ' Ifu., /2rYw.fd:.cPl0il?L ./ :' J.':J L;')<'l..~' 4_0~., / ^ and that the cost of said improvement be assessecr agai tne 1::!enefit}3lg property, as authorized by Chapter 429, Laws of Minneso a. c'--7'7 /5'7;L-. l- 6/~ NO ~~ ADDRESS LEGAL DESCRIPTION :Xl '--I i J G ! S;L 5LV';j Ire) '..J' 0' ~ l')q,,rf Qt, YES ~/ ~ v ,\\)\>J J ~ --.. ,.",. j ~ ;/ w:.-:..-..,~ /L/ l..':", \,/". 0/ ~J This petition was circulated by: /?~ Z~, .....(~~o:_ Address:--<'/s'05 Ie./' 'cc...,-;;;{....--,(' 12/<1/ ,<./1V~"-_ /7?.c...~_'L-< o'cv. o '~",b~'"~ ,6 . '.~ .,/ ..,.,.,.."...... CITY of ANDOVER h r l~ 11.Jo.~:~"~ :'~'~-' ~ :, C' ~ - :r':1 "] r"1 ~ I q I J't?' I ;.::,~<;,~t~-=~'~'H' ~.~ _~--. ;; ~ ~-~ ~ l\ ;," \1/" " '-",-,'""-'-"'~"i '1 .; ',;, ~j Ii I ;1 :'i ...~ ,.- - ,"' ,'j '~I .j '" ," ,.F I': 1 ,~ l::i 91 ,l,j N , ~ i ,,- TV f"'r- "...''''''.......,- I ...-. . I..-,~ Date: )/-/5Jf/ No. 'll-Ib / '11-1/ . Gentlemen: We, the undersigned, owners of real property in the following described area: . // J--" / 51T1J V)//:" iL!!;j )'1\ --- . -HI 't rru~". I::{; ) L(M-<... ;\J {lv' . ' ,I. " ,- i (1/ '., r) ,~. Sl ,,\ I'} ~ /u/'TI).Yi,-"lh () r. /v 1/ -' :, U II" IJ r ;',;' I ; C'J)oJhJ! 2() ~ O,.1r1 Sv.;fl.{/nLv3f. 1~)l")F fro.'", jsg Av 1(- c~) ~l''''t4-. do hereby petition that said portion of said area be improved by Const.~uction of City ___,0\"11';+ ;:Lm-ProV"-~h\Ts g )(,\{ k- lOp C(!'ct S.h'Q.L+ LI'lh11~1' and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNN1'TfRE OF OWNER ADDRESS LEGAL DESCRIPTION Yr~s NO 66-915 50/0 X . . I I t' c'...<; " -__, 7 ,...,./- /,,/~<./ Y- 'ZD'11 - Is>J 11-. 0 L..4M e.. "vi ..x / ~J ... -, / _ / .- Z....;.:....../ .~.'j(....J'\...~.<::'7'~'--:- ~c::...,..:..J( :::> ?'-/",-.r~ Jl"J- / S- 7 LI 1 V.,,'. This petition was circulated by: Address: :: c.~; (j /0-911;; ((i)) ~ ()',-v//"C! J-I /~,/" /~ ,;L/VJ_ A""Tj~I/.YLr //1'/(1. L~c3o (J - I "),,, "'- '", '~") ;,~"- - ~"!Ir.~ ..,.,~lijI<!E<. !;F,"' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT May 7, 1991 Non-Discussion Items Engineering <Y APPROVE3(' ",.,FOR AGEf~A \ ~' BY: / / ITEM NO. ;;.q. Receive Petition;91-12 Red Oaks ManorjWater BY: Todd J. Haas The city Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of watermain, project 91-12 in Red Oaks Manor area. The area petitioned is outlined in blue (2 areas). staff recommends the feasibility report be prepared for those areas that are served with private wells in the entire Red Oaks Manor, most of which are in the 1st - 4th Additions. Once the feasibility report has been reviewed by the City Council, the City Council could hold a public hearing for the entire area or just those areas where the petition has been circulated. City staff has received calls regarding this improvement due to the number of private wells that have failed or are failing or that currently have low water pressure. Total number of lots in the area of Quinn st.;138th Ave. - 63. Number in favor - 29. Number against - 17. Unavailable - 17. Total number of lots in the area of Uplander St.;140th Ave.;139th Ave. (includes Fire Station #1) - 24. Number in favor - 5. Number against - 5. Unavailable - 11. COUNCIL ACTION ) MOTION BY ,~ TO SECOND BY ~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, PROJECT NO. 91-12 IN THE RED OAKS MANOR 1ST - 4TH ADDITIONS AREA. WHEREAS, the City Council has received a petition, dated April 22 , 19~, requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman and adopted by the City day of Council at a meeting this 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk ') " 2'47 ~ J5, . ~?6b ~ ~l71 J 'f ~'16 , 'r, oVw. zt!>fl Zl~ , Zl~ ~ - - lc6z. - - .D lJ\ () <Y ~ - i'l H~(,1 tJ - -.-- ;::: Ol g - . o . '" '( / / -0 XJ'4~~,j)' ~'~ Zbl~ Zl>\4- ~~~; VoTes l~ z~ ~~ ' ,~'~~l~~; q; ~ ZbOI !bDlz il>o~ ~_ <ta ~ -?~~ " .'4<': .~~~~~" ~t-5bO ~ ZSb~ ~ ~ ~551 1~5 !7c:.1" ~.~ ~ ~ (' 'l- ~t, ~~ ~ ~51] ~!! Z511 ?'6 ~ ---=..:. l5~1 o. I I "" &-~t lS'4~ Z5~7 l5~ ZSYJ ~ ~~~~l~ '::', , ' '.' ~ ~ ~llft~IF\'J/t J Ifft ~~, ,I' _lal~& ~ \ L------ (AVI~1~~IL-16~- t "I /-----;UisV:r,) ~ ,'l '"' ~ - ~L --L--- L..>::" ,...... -V ~ hi 50f g G\ 1-11'- I. /. 1Q . ~ &>o,t- l th !t ~'/ .""y I \ /) l ~yl~ c-E . ,<: " ~/ ./' (14{Je, If ~~... 0,oVv S e.. / . I ~lcW) . 0 i (.,/~J. ~.......~ - os, ~ A .\.<ep ad I:' ,I . '---., g .~ ~I ~:b td . .Ci: ~ I 01 ~.,_~' _.!_18~ J L101LUJ '~/l..e'l. ~ .('\.' '.: i' ,,,(,:' i . -1?J, ~ll~~iB'n~ ~ '-:~~ ~t 'j " (. to, '. . ~'--, fjrLA~~~'~~/, ~ q ~ , .'4 .,..', I .2~l!_ ,1 i'~~ 'i. ~ l" "-'- ..: ",.1 f.t. ..1 It, .11_~~e.L. f .d/}t.t,r~ lt~~~~ J;, ~,~,~J'.~ . I,. ','0 ", " -Q_ZJ ~~<:j7 ~~l~\~' ,~~ . t.f-. . ..' ~l 4 -~~, f'l - ~~\'~dO~~ '-if 'Ii ':. -....... ....... o_~..c ~ -~~I ho,o <~\d~' ~ :4' '~> ~ m4'l~~~l1~lll~ f zt~~-~ ~~: ~. Sbl '". ~~ iffo ~ $ ~ 1110 ~~I~!?l....]~~~~ ~~..r ~ tl!l I~ ~iTE(. j ~ ~;~ ~~1" ~ ~ ttf~ !I ~ ~ ~ ~ i m~ ~H ~ 7Z'1I ~ ?3iZ ~~ i rz..~, \\\lkl\.; .QJ .. ~ lJ ~:: l ~ ~ ~ i ~ il~_~@U~ ~~~f~ l;gII~If1.~~;l~/\tJ ~~~~ illt~ ,G ~~!~IJ.J.~-~~,~~~~ ';Z:I~ '-jr3l(f ;r;.l;;;:W~~ ~~~ ~ ~111Jli1il~ 1t.Lt1 'fl~~"-e.. ~'O--'u ~ ~ ~ ~ I-I ,\;~ ~ '.'''- J ~v. I~ I~"~ Iii 1< ~ 1'J:J ~-; lj.~~tl~ ,~~~~_ :: i ~7 r L-' '.lE'~I~iml\i! ~ ~ ~~t';: ~!~ ~ \J\~lQ ,w..oUI./ r;~ ~ *~ ~ 1~ ~Hill( ~i f~ ~o~ ~ ~ (~~~i 8,iC.4 "" f-- ~ Il5 ~ {> ~5/~ J'f.;# 'i , to it ~ llJ'~ 1'4 U o : IZO :t ~1I5 ..s ~~~ 'tJ .?,IllS '~~tf Z t 0 l~: z ~ ?~!!: II ,If ::: ll~ :/01 : ~.~/ jl~rJlf~:l~r:~'M :.~ ~_~ z ~~I~ I' - P !tN../ 17, Itl /, ,/1.,' ~ U>> ~ uOJ", I 11>< _ IDS I :31\ ~~C{;~"\,~~C;~ ;;:k\ ~\~ ~ ~ ~ lb1~ t~v ~ I~A-4~;~l~ ~" ~ ,~ ==l~Ji~' ~~/,~ :lhJc '(" <;;:'. .: ,,.... k - l ~?, au, rll1.....;g W :.. . ~ 1,1- ~r~ l:R. It. ~. )U'~... t:i i~ ~ -f . lo~ 0~1>l~' ~~iffr~l.!:.,T~ ~~.I ~ I /~g I~ ~ ~ ~11&!I!J111~ d \~): .!.'.' ~ 1 IS" f/O Z3' OJ r <:: a I , (. C . ' f II '0 JJ I. ~" . I . : ' f . . I , I I. I' .'.'. -: . 4 I ' '.!. I I ' , ' I - I , , CITY of ANDOVER 0-' ---~-._. - - - -- ~lo~, ~... ff.. it' ".,I,t, ",','?~'" '~l' " ;:1 ~1 P' ,.. - it.. '1 '-,',N ~~ ;J ~j /_ tSJ: ".t:{' ~'..-=,~: ~1t ~ '-~ . ".~'J '1 (1 \ ~-~:, -2"~"lO~-9"~"l,,;j P J 111 "'!I ,,-'.). riJ ,- .- .d crIY OF ANDOVER Date: /0.... No. Gentlemen: We, the undersigned, owners of real property in the following described area: Ked Od~S Mo.~ol' A.,eo., do hereby petition that said portion of said area be improved by Construction of City wQter ~ o.il"l and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO 1'-3 e 3& ." 20 fiG lO 5'fO Os ,,>. 9T Sf ~~ '2..12.8 0' ') ....,-/ This Address: _."-'~ j~'-;'''' ".- ~" ' ~ CITY of ANDOVER ----.--.' ~. ~.- \".- ,:.- ~_.t ~.~ ,. _ L~ \ ". J >, 0'>'" .~. ,'0' '" it lI\ , .:' ~ .....;J aD';j! :.../.)' ~~<lp. .;.-..... ...-~ .. ~..:~ : - 0 f--"....-'.__._~~.. -"''"1' L ,I t, I I ;:: --, . 2 1 a d 1 /' ! J ~1f ",.-,- - ~ .l.0..._ :~'? j ,-- .' ~ \ /- Date: CITY OF ANDOVER 8-d-~'1 7 No. Gentlemen: We, the undersigned, owners of real property in the following described area: R.e.d O~KS Ma.rtOf At'eD,. do hereby petition that said portion of said area be improved by Construction of City wQ'te.rf""a.l'''' and that the cost of said improvement be assessed against the benefiting property, as authorized by ~Chapter 429 ,J Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO ! I I ~ I .'~ , " '-" /387/ J 3870 /3859 13&68 Qu. i !J.' S r .u.:~' , \ ..)u,'AJIJ Sr ,UC..I Qu;v\j ~r Nv~ I3lifJ'7 ,tJW ,'I;'; 5, IV.J - ~,J \ " IJ,.} Sr ,~/.J ,N"; 5 l' /IJ~.;, x This petition was circulated by: Address: -a.. \:30 1'3. g :Av~'--<./ ~D () 1 H.e c\-s.:::1. 7.55~S <j-;;..C{, Be ;'Z..cj" CITY of ANDOVER '---"--~- ~-- -. -. -. . I · :- ~,.:t, Ii "? f" :..), I : .t ., 1:;'" H 'r ;,,' ,,~ ,~ }J tt.~ ~~t I~.~ .~; ~..."2 ~ : \ ,,:;""'l--"""'---~-~--"""" ", r,l . I ~~~ \, - u:~ ~1 ',J \,; ,-~:)':, 2') lOCj II'LiJ .~ ~1 .-,1 i; '_ v__ ,:.bI j 1 ,- (1-; ""' \.1\ ~ CI Date: 7-31- "2{ 8 No. Gentlemen: We, the undersigned, owners of real property in the following described area: r{e.d 0,,1'5 Mo.Y10f A.,eo.. ~;~~~a;t~~~o: :lA area be_ ~m"",---' ", .~~~~~~~~~~v~~< LEGAL DESCRIPTION NO \ r 2/3.5 /38 Ih'O!..()~J /58//1-. . <--".J 13Brll Ii ~;,) k x ~/2!-J 2/20 /3e7/l-l1ve..A}(.,) x i 38 '/,P A v-e JJ r,) /3S ("I<' Ihe ,-vcJ This petition was Address: QL3v ~.' circulated by: ~\c;DD i BQ~~"-< \ 3 <6 _ ~~0L. 1 95 G -5Cf,;). 'i \. GR-~' @ I ~ ---. I j t~;; i:- .:? ~ .,.f....... I 'j ~ '>' H ''- ";' '1" 'l ) - J"' t:'R ~---.., ~J.o:"" ~~ ~.1 "- I :,t(('I'-,,' '--"--'~-~'-'-,~,; ,i.i . " .. l1 ~ ; .... . '" r- .", s;] ,. 'I" !."J., 2') 1u91 'L" '''; ~f ..' I'. .'_...,J... J: :. ! l~ ~- ~~- CITY of ANDOVER Gentlemen: tR Date: ~-1-f5( c; No. We, the undersigned, owners of real property in the following described area: ~e.d Od::S Ma.110f Af'eD.. do hereby petition that said portion of said area be i<tIpre....e::.d bi" -CQRc;tl::~....LJ_ull uf. Ci.t-y-'? WQTe,r/'f\ClI\"l f?.n~e.iJ-G~,\',.S S~tb.:i () ~1 \~ Lo and +-n"t- +-hQ ClOS+- n~__:ai.-d-imf.::v~ment.b~__a~ssed-. ~.i:-n,st--the-bene-f-i..ting ~~---eJ" _->~ d~ho-:r:'::r:ted-br@ L ~~I.a.ws-D-f-M~Qota. l () , lIDDRESS LEGAL DESCRIPTION NO 20.5-/ ' 2.00'1'-1 2oCf/ 3~ I/~ 11.... lJeJ '203Y. ':38- ;-// A ~-e J/ CJ 20;;''1/ J 3.0 :-' A Ih'_ A},':' 2oi0' 3) r~ IJN lJ0 /3807.. /3 So ~ /3803 i38/8 /38/Z J 3~28 0 /.,. ,'- ~ , 5, .$-;- vcu:JI<-:5 - lOD~ \:x?.."4-s'--i &ru:'f \. =:::f '7~S5'~ S 1-;l.9 This petition was circulated by: Address: 'O.L3o . \'3 ~ JfVe- ~ ,..:<-~, c;'CA ) .~ CITY of ANDOVER . !~~- 1" \~. i i~~; ,~.,:~ i ! ~ tt.( ~~. ~ .......~ ;i ,'~~ ~ \ 'I ~l e"" ;,"; ~~.., i':.....',:1 ~ '-f' ... ~ - ~ ;. .-;";\ 'I'_~'"_.n__..., ,'"o,"'l~ \~,1 ~ \; ~ " ,-- 2' J ,,--, ....11 ."" ..J I.'! "0; I ' .,' " '- 1 '" ~ l:.b' " :~-:-~, ; '~'~~~~R II I V /. '- ... .-. Date: No. "'" ..:> Gentlemen: We, the undersigned, owners of real property in the following described area: Re..d OQKS Ma.t10f Afeo.. do hereby petition that said portion of said area be improved by Construction of city wQter ""o.i~ and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. OWNER ADDRESS LEGAL DESCRIPTION YES NO /3')00 a x, 'It. "I X' This petition was .-, / t:J91.{O i 3'150 u I 3 '-)b-J 4--Lcvt-- I J~)GO ---. 23:-3 '-I z32,C, NO 71-' /h-e 1/w (J 7orJJ( 0. 23 Zz. /Jno 1,-/0 T JJ- Ihe IJtJ No IIi/hit! 1.);;: u (JU""!Hr SL Address: CITY of ANDOVER ;---::-:--ti""';"" :'~';" "''''00''--:\ 'I ! ,t ;.t.i. t:-~'-! M ;:... ,., >~ "1 :~ 1 j ::~l J! !f.~, ~;'": ~~:-,..~ C~~ ~ =1 I \ :ff ,--.: - ~. ') , , '-, 1 -r \1 \ i '1 ": - ~ ~~: :~.'! L~..J 1 I 0" "; 'i \ .. / d. I .. :17'/ :~ ," ...:~^\I'-"" \ Date: No. "7 - Gentlemen: We, the undersigned, owners of real property in the following described , area: Re.d O~KS Ma.l'lOf A.,eo. do hereby petition that said portion of said area be improved by Construction of City. wQte.r (\'\ 0.1'\'\ and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO Ao-e- xl 2....2.. '7 I 2.2.32- 2.2. '3J1 /3'7 /J.w/ 22. 2.2. '3 ~11 fI Ih-e- 02.2. 2. / /3<1111 !l- v< .. i {~ 22// 2330 lefo f1 ,111e ..(,lev (J This Address :_ CITY of ANDOVER ,..... .;.~_t~l' . \.:. f!(~ $".. I ' I '1 m -'-"" ",; ,j., ~1' ~a .-, " Ii. ~... ~,).'",. _I:" I ,;:.J ~_ fL,,: '.:i~ - . ii.;.,":I '., F '::lr 1'-'''-.'' '0' ...0_.' "11 m. 'I 1 i: .. ,....,.. 1 ~ ",- '-I 10,,~! ",:)~ 2 ;:;Jl 11b;J I ...,.,."..,.....,.,..,....,...-". Cl I Date: J t../ No. I Gentlemen: We, the undersigned, owners of real property in the following described area: Red OQKS Mo.~Of Af'eD. do hereby petition that said portion of said area be improved by Construction of City. wo.-ter ",,0.,'\'1 and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO 2.07'7 I g '11'ir 4,.... ,l./,J 2.0.<;;3 /' '"1 tH ;1 it<' 1/ J ~A~~J Y 13~/O ~W Zc:JZC 3'l T/-lo LA 'Z()3(, /3'1l1f LIl 20S2. loCO lo~' LII "2tJc,r;" J 37 - J lc S- 3 :') '.J This petition was Address: 2137 ,..""~, f~""''' ,,-L', . '- ..J :J ~ \ ~~l t~:li.:.~? t~j l ! ,.! ,\;\ ;,y;.: 2:~ d~l li-'3 . , ~....-... CITY of ANDOVER CiTY OF /\i'!!JOVr:::1 Date: 8:-d-~~1 -- No. )6 Gentlemen: We, the undersigned, owners of real property in the following described area: Red O~KS MClr'lOf AfeD. do hereby petition that said portion of said area be improved by construction of city wQte.r ('I'Io.i\'l and that the cost of said i~rovement be assessed against the benefiting property, as authorized by(Chapter 429\ Laws of Minnesota. SIGNATURE OF OWNER \\ ADDRESS LEGAL DESCRIPTION YES. NO ~ "-"-" .c- 0 ' " o,~ro~''i.- /3907 AJie,j..lnCC,;;!J'" ':'r , . ~c.;' (J l/ 'J 131/7 NIC",~,v)"/-<!. ~'r '>< U c V /372- IIJ..'..."rOIJ ,,-r , I I ) 'x ... This Address: I CITY of ANDOVER I :1 ;!' E t.. ~:.; .. E fll I rt'ij 10~-' -- .. o. . ,,"-, "li !II' II'] '\'1 ;0':::-0 22 1921 iLv I ~ ". ~----""""'"'-~""" (""try 0C' "f\I,-,n\li:':1 t Date: No. (/.? Gentlemen: We, the undersigned, owners of real property in the following described area: R.e.d OQKS Mo.I10f A(eD,. do hereby petition that said portion of said area be improved by Construction of City wQter,."o.i~ and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO / '162.7 0 /40/(.; i '/0 J7 NfJo,;, J3L7iCJ J3L)IB i 3')ciCJ Qi./.}';I) $..- ct.J 13 ~o6 Q '~~ 5r )Jc:J (J This petition was circulated by: Address: CITY of ANDOVER Gentlemen: 15- '..... ~ ,'"'.:1 . -..:...., p., ~:: ~ . :j~.:.; ;_: .';..-:1 .:: ~ \ ';:.K' ;:'_:~ o:~".: ~,,',o~~\l'~ ~ ! " \,' I o. ,.".." 2 : i e''"l ,. .,j \i \T~ 0' ~\,~,~:;~~ \ \ I I I Date: No. /2.. We, the undersigned, owners of real property in the following described area: R~ 0""'5 Mo.W'lOf Af'eo. do hereby petition that said portion of said area be improved by Construction of City, welter f\'\ 0.1'''' and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO j 39/0 13')2/ !3lJZ2. 1373/ Sr i393Lf NoDI '3, i 4 002- f'A s, i'l ()o8 PA/Z. NON i'-l(}/~- lObE S, No to,! N026 (J i if 0 38 s( - This petition-was circulated by: Addre~s : - '''F~ /(7\ \n; CITY of ANDOVER I r.' ,:,&,. ..."1 -.::->- I ;1"~ E L U.~, - - ~j \'-;' ._~ _qoO __ . . -..... . ":j-i, :1 I :,i \\~! ." r" ~ .:~ !"! I l ' 2 '2 i C~ c 1 ~ - ;) 'Io'! \;1 ,'.,-', ,,, ~. ,.=': ~ ;I"'" Ci I Y vI- i\I':'..iUV,~.; Date: No. i3 Gentlemen: We, the undersigned, owners of real property in the following described area: R~ O~KS Mo.l'lOI" A'f'eD,. do hereby petition that said portion of said area be improved by Construction of City, WelTer f'l'\o.l'''' and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO / '10 43 /110'" .- 7' ~~ ,~' i 40 3 i , I i./(}~1 L._ / ifoli o (1)0 jifJ 1/ .,/~ 5',- J}W 1'!{joG / LI 00 i i39$<) n'1 61:3 )31'1<1 '<>41....0 S'f' ()4l i )'7 '-1.';- , 1'.(,.1'-" /~ \J ;3137 ,1.,- Sf' -"'c:.J This petition was circulated by: Address: CITY of ANDOVER i ',; ~:.. ~ ~ t j ... ~ ;:: ::' .,_:,:'; ~ '~~.~:;j,l' I ~-~ ~~'~ tl::;:!, ''':':_~. L'.~.' ~~., ; I",' ,." oj I :,.F:_o ,~-'~-""'-"'~----" ,.""" H I ~ ~ ; \ ti ~ 0:1 !:t \ 0:) '~t:.:yo: 22 1991 FLY \ :~~-;-" ;~ ';';~\~~D vi I _ ,\ . Date: /:j No. 7... Gentlemen: We, the undersigned, owners of real property in the following described , area: Re.d O~KS M~.,or Af'eD. do hereby petition that said portion of said area be improved by Construction of City wQter n'\ o.ir. and that the cost of said improvement be asse~sed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO 231b. /C1i'>-rr4- /.l"" 1/(,' 2.3/1 /'IO'1'IJ- t1L/:.- !/tJ 2. 3 10 /'/0 i/--- /J(Xo I.}>oJ 2 q) "J i'lO Tu- ;1 ~'e d)lJ L3o'-j 11/17.,-" Ih'G-lJ;.} I 2262- Nom IhetJ:..:;, 22"3 i'-lO-m f} tt!. II:'; 2. 2.52. NO III !J v:- Ai r,J 22. ~ '1 1'107';; /J'LI./i,,) 2...2 t..f 0 NOTI} /ft'l'(lfJ Z2.Y1 lif071} Ave.l./{;...l '/.230 j'1tJ77f- ftw //l-J - , ') '- 2.22.,,/ ii4'-r;~/h. oA.i eJ This petition was circulated by: Address: CITY of ANDOVER i . l~ -:"'l'I ':'.~ I :J '~1 ~: [; lE. t:1 ~ I'" '" '" ,. I ,..T~ ""_oc__ _.. ..._~.....,~. ..... ,N -..<',~:~ Pi ! ~.:.\ j ,~ q ! ',' II, 'Y:; 2') FOl 'jiJ I, J \,! ,"" ',\ .- ~~ 1'-'=" ., ~ ....-,1'- Ci I Y VI'" rll::L.iVV c..l Date: No. / I Gentlemen: We, the undersigned, owners of real property in the following described area: Red OQKS Mo.~Of A.,eo.. do hereby petition that said portion of said area be improved by Construction of city wQter ~o.l'l'\ and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO ?2/J. J'it!! 1'1' L Au!. I,)~ 22-0S" /1.{0 TI-l L,l,) ,AJU "2./1S- !1I0m 1-.) JJO 2/5J-Sf5 No 'j}-} L ,0 tJ c..J 2/'1/ -':;3 1'10-"14 LN1JcJ 2. 1'10 1..{7 / of'f') '-I;' l. ,() JJ ,J 1..IJI 3~ / '10 TH LIJ AJc) !lzB 3() /t{or/~ LIJ JJ~J 2I'1I 23 JlIOTH ( IJ OhJ '7_1/& W ji/(J -ru LiJ ;t)LJ 1../iI- 13 J{M,H LN }JcJ vof; it) If/Om {,JJ ;.hJ '1.10/ -e>9 j'l(},l/ i. P N0 '2c&2. ,(, '-I I l..olo) ~r,J - '\ \~) / l!O TI This petition was circulated-by: Address: ,..:<-~ ~~ ~ . ~. _ [t' l~'" il~' ~?ro1 ,~,,"~~' 1 , ~~ ~.." M;';' :;:~=J ;~ \ 1;;~? f~::,2::~:',_.,...~~, _E:_,; j ~ I ,- "., 0 ...,", 2' r'''' 1, C' !! \;!,.,;O'i-; . 2 j~l rJ 'j CITY of ANDOVER "'-..... Gentlemen: CITY OF r'\NDOV!:.R Date: No. '-~ We, the undersigned, owners of real property in the following described area: Red OQKS Mo.l"lOf A.,eo.. do hereby petition that said portion of said area be improved by Construction of city WQi'er f'l'\o.il'\ and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. lio t!& /40 3~ liD .30 ~ 'e...J g~ I '(0 3 f,- Ro.wIJ 51 o N622 IttO/~'" l'l00S" f!a lIe.<J .3 (' SIGNATURE OF OWNER ADDRESS /'1085" ;'IOo!:(;, 1'10'11 LEGAL DESCRIPTION YES NO C) e~ 51 / 3"}j C; /3'OC] f!cI''eAJ 51 /', '.J This petition was circulated by: AQ9,ress: " '\ '-./ i(~" ",",',0,,,,,",,\,,\ ;..1, ~~ ~""",jl '\ ,:1 'Ii';';" /JifF '!'!I;'i!"lar.~"....,...!eIi'ii"""",,~ ~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO, 30. Receive Petition/91-13 wobegon Woods ~ DATE May 7, 1991 AGENDA SECTION NO, ORIGINATING DEPARTMENT Non-Discussion Items Engineering BY: Todd J. Haas The city Council is requested to approve the resolution declaring the adequacy of petition and ordering the preparation of a feasibility report for wobegon Woods for street lights. See attached petition and diagram of area to be considered (area in orange) for street light installation. The petition was also circulated to the Goodridge Acres (area in blue) area. It is recommended to not include Goodridge Acres as part of the petition due to the number of "No" votes. Total lots that benefit from street lights in wobegon Woods - 18. Number in favor of street lights - 13. Number against - 3. Unavailable - 2. COUNCIL ACTION \ MOTION BY TO SECOND BY () ~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET LIGHTING , PROJECT NO. 91-13 IN THE WOBEGON WOODS AREA. WHEREAS, the City Council has received a petition, dated April 25 , 19~, requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to AEC and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman and adopted by the City day of Council at a meeting this 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor victoria Volk - City Clerk ----~ t.~,l".J" E,' t tE ~ V E :0',' " ~ ' ---'~''''''l' 1'1 9,: 2? 1991 J CITY OF ANDOVER () , , .! CITY of ANDOVER ii '. , Date: lj , Atm' ( 1'l<J ( No. '11-13 Gentlemen: We, the undersigned, owners of real property in the following described area: ~ I Wabe.~n <.Pc:rod~ do hereby petition that said portion of said area be improved by Construction of City .stYe.e.+ "'ahts and that the cost of said improvement be. assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. () OWNER ADDRESS LEGAL DESCRIPTION YES NO x ~~., A<-res . This petition was circulated by: Address: . t/f:5..~, ~.v. 75~~ 3 C;yS- , <) :..) {~ r:t;~)Vt~l I1rAPR~ 5 ~;'lU ,- CITY of ANDOVER CITY OF ANDOVER Date: No. Gentlemen: We, the undersigned, owners of real property in the following described area: ~~ Wo'ceaon Wood.s do hereby petition that said portion of said area be improved by Construction of City S+ree t- I 'en-rS . and that the cost of said improvement be. assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. ADDRESS LEGAL DESCRIPTION o~ =<51;, d.-tf - /7'-1 J:i L ;1tJ~ ~) ~ 1,)' ~v. YES NO ~/' .;/ -~.... (.,..k,... llcas s+. 600:ir,t'lC kn: ,,-,~ Aue's' ~rl~' ~s ./ / x This petition was circulated by: 0 Addres s : c>'-- I -fI. L"., 7S;,' 7-L/~S- ,r'~"'" "'""""~".""\ :r ." H 0 ,:j ::~, _ ~1 ~i .} ~ ): , \. \"",.",,,,",,,,,.,,,,e,,,,,i CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AGENDA SECTION NQ Non-Discussion Items May 7, 1991 ORIGINATING DEPARTMENT Finance Howard D. Koolick ~ Finance Director BY: APPRO{FEl., FOR AG S'-J,D \ f- BY: / Ii ITEM NO, 3(, Release Partial Escrow Northglen 2nd Addition REQUEST The Andover City Council is requested to release the unneeded portion of the escrow for Northglen Second Addition. BACKGROUND City policy requires the City to hold escrow covering 15% of the original amount assessed. If the balance is less than the escrow, the City can release the unneeded amount. Good Value Homes was required assessments on this project. totaling this amount. During were released. to post $125,608 as escrow for the In 1983, they gave the City cash 1987 and 1988 portions of the escrow The original amount assessed was approximately $895,000. The current balance of the assessments is $18,183. Since the outstanding balance on the assessments is less than 15% of the original amount assessed, the City only needs escrow equal to the outstanding balance. The following is a summary of the escrow: Escrow Deposited with City Plus: Interest Earned thru 5-7-91 Less: Escrow principal Refunded Interest Earnings Refunded Escrow Available Less Escrow Needed at 5-7-91 Escrow to be refunded $125,608.00 39,795.36 96,028.80 27,508.60 $41,865.96 18,183.00 $23,682.96 A check for $23,682.96 is included with the disbursements for approval this evenina. COUNCIL ACTION MOTION BY "-- TO SECOND BY "",; "0 """"Io-,~ u(~) \"~- .j,?~' ~.."" "",.".,.",' ~ 1)[' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7, 1991 ITEM Release Perf. Bond NO, .3~, Business Records Corp ORIGINATING DEPARTMENT Finance Howard D. Koolick rO<- BY: Finance Director AGENDA SECTION NO, Non-Discussion Items REQUEST The Andover City Council is requested to approve the release of the performance bond supplied by Business Records Corporation relating to the purchase and installation of computer hardware and software. BACKGROUND In December of 1989, the City Council entered into a contract with Business Records Corporation to purchase computer hardware and software. The bid documents required the vendor chosen to supply a performance bond covering the full amount of the contract to assure faithful performance. The contract included hardware, software, and training. The hardware was delivered in February of 1990. The three components of the software were delivered as training was completed. The financial package was delivered in March of 1990 and has been running for over one year with no problems. The payroll system was delivered in July and has been running since September. The utility billing system was delivered in October and we have done our first billing on the system. In addition, since we are covered under a maintenance contract, we have received periodic updates on all three packages as improvements and modifications are made. COUNCIL ACTION \. MOTION BY TO SECOND BY () (\ ,_/ CITY COUNCIL OPTIONS 1. Authorize the release of the performance bond and request staff to return the bond to Business Records Corporation. 2. Do not authorize release of the bond, spelling out the reasons for denial and the steps required for the vendor to complete the contract and thereby have the bond released. 3. Other options as determined by Council. STAFF RECOMMENDATION The Finance Director recommends the bond be released. Business Records Corporation has met all aspects of the contract and has been extremely helpful in implementing the system. The software is working as described in BRC's bid and has been fully installed. Attached is a copy of the letter that will be sent to Business Records Corporation. () o/~ . . \....._,i r;\ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 May 8, 1991 Ms. Alaine Aysta Business Records Corporation 7227 Third street South P.O. Box 1082 st. Cloud, MN 56302 Dear Alaine: Enclosed please find the performance bond supplied by ,Business Records Corporation to the City of Andover. Since BRC has met all bid and contract requirements, the City of Andover is hereby releasing the performance bond. I would like to again let all the staff at BRC know how pleased the City is with the software. The training received by the City made the installation process run smoothly and resulted in very few problems. Thank you again to all of the staff at BRC for their help. Sincerely, Howard D. Koolick Finance Director Enclosure Kk Rep. Teresa Lynch /0 c C- IJJ/t/L ~/~ Minnesota House of Representatives District 50A Anoka County May 6, 1991 Mr. Kenneth Orttel Mayor City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mr. Orttel, Thank you for the City of Andover's resolution opposing Governor Carlson's budget proposal to cut aid to local governments. I am sympathetic with your concerns about the effect the Governor's proposed cuts will have on your community. Let me try to explain the reason for these proposed cuts. As you well know, our state faces a projected $1.1 billion revenue shortfall in the next biennium which must be reconciled. State spending climbed at a rate two to three times the rate of inflation throughout the Perpich years, The state is now in a full scale fiscal crisis and everyone must share the pain. Governor Carlson had three possible ways to address the shortfall - raise taxes, use the budget reserve, or cut spending. Since the state has a spending problem - not a revenue problem - the Governor chose spending cuts as his primary solution. Unfortunately, cuts in local government aid represent the lion's share of the Governor's proposed spending cuts. It is the belief of the Governor, my Republican colleagues, and I that state government can no longer afford to send as much money to local governments as it has in the past. Minnesota has been on a dangerous path of overspending and the Governor intends to put a stop to it. Local governments have virtually had a carte blanche with respect to government aid. The Governor wishes to change this and introduce more accountability into the system. His is a new approach which will require living within our means. The Governor has asked mayors, county board members, township officers and others to work together and with him to find ways to save money. The House Omnibus Tax Bill which passed this week does not include cuts in LGA payments. The Senate tax bill, which has not yet been passed, does include some LGA cuts, but not as much as the Governor has proposed. These tax bills will be negotiated in conference committee. It is difficult at this time to say what the end result will be. 4681 161 st Lane NW, Andover, Minnesota 55304 State Office Building, SI. Paul, Minnesota 55155 (612) 421-3522 (612) 296--5369 s~; .. Mr. Kenneth Orttel Letter May 6, 1991 Page 2 You may find some comfort in knowing this fiscal pain is being shared across the board and at all levels of government. It is our sincere hope that the end result of this impending belt- tightening will be a state and local governments which provide and deliver more efficiently the services our people need. Thanks again for sharing your thoughts with me. If I can be of further assistance in any other state matter, please let me know. Tere ch State Representative c z ~ LO ~ - 0 0 <( ~ I Cf) I m W CO a: ,.... <D 0) z \ z w C") ~ 'O^l8 NOSN'lH 3: ~ I- ~ 0) 0 () ~ 0 ~ w a: I- ...., W Z en ~ 0 > . (J) z a: 0 ~ (9.l. 'ON A'lMH9IH 01'1 31'11S A1NnO:l) 0 ::> a.. 0 ~ a: a: z 0 (.) I- <( () N N 0 <J) Z - z I' :.: z <t ~n~ \ / , - - ~ / :!!E Z a.. ~ :!!E ~ 0 => f- a..q- C\I CI) O' CI) wo 0 0 Cl)z N w a:: ow ~ CI) (,) a..CI) 0 o=> a.. 0 a:: 0 a:: a..:z: a.. (X) 0 r<') z ~ 0 <t :E 0 a:: ~ <t >- to ~ f- Z 0 => 0 w (,) CI) 0 10 a.. ~ 0 a:: a.. a> ~ CD ~ , , c z ~ LO :; - 0 0 <( I ~ CJ) m I W CO 0: or- Z CD Z W 0') - C') 3= ~ t- ~ 0') 0 ?: () ~ 0 t- W 0: Z en J W ~ 0 > . en ~ 0 Z 0: 0 ~ ::::> a.. 0 a: 0: 0 0 I- Z (.) <( ci :i CD z ~ o I- (J) (J) o a: (,) N (\J . ,', '. . .. . . . :.: .i . :'" ." .' . '.z, . :.... . . " . . . ..... !: : ..... r<'l (\J <;to :!: . . I .. . 3: ..... ~ ..... ...... ex> . . Lt) ..... = . .. . ., d to .... Z ,', .' . . ..... I . . . 0 1.\.: W (J) . . .' 0 0 . . co a... . . . <t 0 ;,.:.: 0 a:: a: a... / (D >- I- Z :::l 0 (,) - .... ~ / J;/ I r<'l MN 'OA1S ~3AOONV ,( ~I 'ON OVO~ A.lNnO:>) J J 1 L.J 1 u r-, J J J J J J 1 w n u J J 1 LJ 1 u r'l U r"\ J n 1 d FEASIBILITY REPORT '1~G' f5.'l-;Ckl ~. .. AGENDA ITEM :;# _F' HARTFIEL'S ESTATES CITY PROJECT NO. 91-6 UTILITY AND STREET IMPROVEMENTS ANDOVER, MINNESOTA MAY 7,1991 COMM. NO. 9943 TKDA TOLTZ, KING. DUVALL, ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 612/292-4400 FAX 6121292.0083 n LJ 1 u '1 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS-ARCHiTECTS-PLANNERS SAINT PAUL, MINNESOTA MAY?, 1991 u "l ..j J FEASIBILITY REPORT FOR HARTFIEL'S ESTATES '\ :.....I CITY PROJECT NO. 91-6 '4 J UTILITY AND STREET IMPROVEMENTS rl ANDOVER, MINNESOTA w COMMISSION NO. 9943 '1 :.J .., , L.J !"""""':I L..4\ "1 u ~ I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. r; 1 U olin L. Davidson, .E. Registration No. 8480 ~J 1 LJ 'I :..J n u ,...., 9943 I L...J r'1 J TABLE OF CONTENTS J Overview Description Page Location Hartfiel's Estates and Heil's Addition 1 r, SE 1/4 of NW 1/4 of Section 26-32-24 U Improvement 64 Single Family Lots 1-3 rl Sanitary Sewer, Watermain, Storm Sewer , Street Construction and Restoration u n Initiation Petition of Property Owners/City Council Action 3 J Feasibility The Project is feasible 3 r--1 J Right-of-Way/Easement Platted; Additional utility and drainage 3 easements may be required, 'l Permits MPCA, MWCC, Anoka County, Department 3 Ll of Health, DNR, Corps of Engineers, n' Coon Creek Watershed District , L.J Completion 1991 Construction Season 3 ~1 Abutting Parcels North: Oak Bluff 2nd Addition 3 u South: Andover Boulevard '1 East: Bluebird and unplatted land West: Hanson Boulevard (CSAH 78) w J Estimated Project Cost $587,781.00 ($452,181.00 Construction Cost) 4 Assessments Unit Basis 4 ""1 $8,695,02 Lateral Assessment Rate $10,936.45 Lateral and Trunk Rate u Assessment Rate Lateral and Trunk Costs, 5 n Calculations including typical lot assessments LJ Preliminary Assessment Roll 7 J Proposed Project Time 1991 Construction Season 8 Schedule 1 ,~ Estimated Construction Sanitary Sewer, Watermain, Storm Sewer, 9-12 Costs Street Construction and Restoration 1 w Location Maps Sanitary Sewer. Watermain, Storm Sewer and Street ...., J h I L.l ..--, d ,..., J J ,..., Li HARTFIEL'S ESTATES CITY PROJECT 91-6 ANDOVER, MINNESOTA n J Location 1"'1 u The proposed improvement covers utility and street improvements to Hartfiel's Estates and Heil's 1 st Addition in the City of Andover, Minnesota. A total of 56 lots in Hartfiel's Addition and 8 lots in Heil's 1 st Addition. Bluebird Street NW fronts along the SE 1/4 of the NW 1/4 of Section 26-32-24 east of Hartfiel's Estates. Nine (9) lots equivalent were assumed for platting east of Bluebird Street for Street Improvements only. n J ,..., I U Proposed Improvements 1. Sanitary Sewer ,..., J Sanitary sewer will be extended by connecting into an existing drop connection located in Bluebird Street at the intersection of 146th Avenue NW and 146th Lane .., NW. u 8" PVC will be extended along 146th Lane NW from the stub located at the ,..., intersection with Bluebird westerly to a deadend manhole at Drake Street NW. L.J 8" PVC will be extended along 146th Avenue NW from Bluebird to Drake Street. J 1 LJ Drake Street NW will be served by an 8" PVC lateral extended northwesterly from a proposed manhole located at the intersection of Drake Street NW and 146th Avenue NW. This extension will deadend at the first lots south of 146th Lane NW. 'l d Drake Street NW will be served by an 8" PVC lateral extended southerly from a proposed manhole located at the intersection of 146th Avenue NW/Drake Street NW. This extension will deadend at the first lots north of Andover Boulevard. J 1 LJ Heil's Addition will be served by an 8" PVC lateral from 146th Avenue NW southerly to the dead end cul-de-sac (Crane Street). All residential lots will be served by 4" PVC services, with a 4" PVC vertical c1eanout located at the property line. Wyes are in place along Bluebird Street, to be extended to Lots 1 through 6, Block 4, Hartfiel's Addition. 'l L.J ,..., u r~ , LJ n U -1- 9943 , 1 I LJ J 2. Watermaln ~ 8" DIP watermain will be extended from a stub located at the intersection of Bluebird Street NW/146th Lane NW. This extension will run westerly along 146th Lane NW to Drake Street NW. At this point, the 8" line is proposed to be extended southerly along Drake Street NW to 146th Avenue NW, From the intersection of 146th Avenue NW and Drake Street NW, one 8" line will be extended south to the north line of Andover Boulevard, a second 8" line will extend east in 146th Avenue NW to tie back into the 12" trunk watermain in Bluebird Street. LJ J ...., J l L.J Heil's Addition will be served by an 8" line south from 146th Avenue NW in Crane Street NW. The 8" line will extend from the Crane Street cul-de-sac west to tie into the 8" line in Drake Street NW. J J All residential lots will be served by 1" copper services with curb stops located at the property line. Fire hydrants will also be placed at appropriate locations. 1" services will be extended from the inplace trunk watermain in Bluebird Street NW to Lots 1 through 6, Block 4, Hartfiel's Addition. M I Ll 3. Storm Sewer l L.J 146th Lane NW will collect stormwater at two locations. The first area is a low point midway between Bluebird and Drake Streets NW and at the west intersection with Bluebird Street. J The intersection of 146th Avenue NW/Drake Street NW will drain east to the existing 27" storm sewer in Bluebird Street. Additional pickup points will be the intersection of 146th Lane NW/Crane Street and the west intersection with Bluebird. 1 LJ The pond within Heil's Addition shall be controlled to elevation 884.5 and the pond protected to flooding at elevation 886.0. An overflow control is suggested to be extended through easements west from the pond in Heil's Addition to the wetland at the northeast corner of Hanson Boulevard and Andover Boulevard. J ~ I U Emergency outlets must be provided at all low areas to provide for protection of homes for storms larger than that designed for the pipe, usually a ten-year design storm. As noted by major flooding in the southwest suburbs, these overflow outlets must provide for stormwater outlet during 1 OO-year and larger storms to eliminate, or at least minimize, the risk of potential flood damage. ~ LJ 1 L.J All construction adjacent to wetlands must be approved or reviewed by the Corps of Engineers, the Department of Natural Resources and/or the Coon Creek Watershed District. ...., i L1 " , I U " u -2- 9943 ,.., , LJ 1 LJ 4. Streets :I Streets are proposed to be the standard 32-foot face-to-face width with 2" of asphalt, 4" of Class 5 gravel and concrete surmountable curb and gutter. The road shall have a 6" crown with 0.5% minimum grade and 8% maximum grade. Boulevards are proposed to have a 2% grade, unless a special design is presented showing proposed slopes, so the service and hydrant depths and typical sections can be noted on the plans. rl L...l r, d Initiation r1 d The project was initiated by petition of property owners within Hartfiel's Estates and Andover City Council action. ,.., LJ Feasibility 1'1 LJ The project is feasible. ,., , Rlght-of-way/Easements u All right-of-way and easements are platted. Additional utility and drainage easements for pond outlets may be required depending upon final design. 1" u 'l LJ Permits 'l , I..J Permits will be required from the Anoka County Highway Department for work within the County highway right-of-way, from the Minnesota Pollution Control Agency (MPCA) and the Metropolitan Waste Control Commission (MWCC) for sanitary sewer extension, from the Minnesota Department of Health for watermain extensions, and from the Coon Creek Watershed District and from the Department of Natural Resources and/or Corps of Engineers for drainage improvements and work within watershed control or wetland protection areas. ,., I IJ " , I..J Completion '-, I I..J 1991 Construction Season. 'l .J ..., Abutting Parcels Oak Bluff 2nd Addition North; Bluebird and unplatted land east; Andover Boulevard south and Hanson Boulevard (CSAH 78) west. ...J .., u ,..., , u -3- 994~ n L.J n L.J Estimated Project Cost n Included in this report is a detailed estimate of construction costs for the street and utility improvements. The costs quoted herein are estimates only and not guaranteed prices. Final contracts will be awarded on a unit price basis. The contractor will be paid only for work completed. The costs are estimated based on current construction costs. No costs are included for easement or property acquisition. L.J ,..., :...... n The estimated lateral costs for Hartfiel's Estates and Heil's Addition, Project 91-6 are as follows: LJ' ,.... Sanitary Sewer Watermain Storm Sewer Streets & Restoration Hartfiel's & Heil's Additions $105,815.00 103,375.00 47,366.00 195.625.00 Heil's Addition Onlv. $7,690.00 8,270.00 10.055.00 ....' LJ' L.,I L..I Estimated Total Construction Cost $452,181.00 $36,200.00 76,900.00 4,500.00 4,500.00 13.500.00 $26,015.00 2,100.00 4,420.00 260.00 260.00 780.00 L.I Contingencies Engineering Legal Fiscal Administration L.,: r-I , '""I L...I Total Estimated Project Cost $587,781.00 33,835.00. r-I r L...i · Future Cost without Crane Street lateral. Estimated Assessable Cost :I :I :I ] The assessments are proposed to be based on a per unit cost for all lateral and trunk benefit. The assessable project cost includes the estimated project cost for sanitary sewer, watermain, storm sewer and street construction. Trunk sanitary sewer and watermain connection charges are proposed to be assessed under this project using the 1991 rates established by the City of Andover: Trunk Sanitary Sewer Connection Charge Trunk Watermain Connection Charge $244.43/Unit $1,OS5.00/Unit Trunk sanitary sewer and watermain area charges were not previously assessed. ....\ Li ,....\ Ll ] -4- 9942 n i U n u Bluebird Street NW ~I Unplatted property east of Bluebird Street NW lies outside present M,U.S.A. boundaries. The owner of the property in 1987, when trunk utilities were extended in Bluebird Street, rejected service. The trunk sewer is deep (30':t) and outside drops were provided with manholes at 146th Avenue NW and 146th Lane NW. It is suggested that 8" sanitary sewer extensions be constructed easterly out of these manholes prior to improvement to Bluebird Street NW. r" LJ' ...... I '-1 I I LI ,-, Lateral sanitary sewer and lateral watermain benefit along Bluebird Street will be assessed at a rate of $44.00 per front foot for lots directly connected to the trunk sewer and trunk watermain. Ll :I Rate Calculations - Hartfiel's Estates and Hell's Addition :J 1. Sanitary Sewer Rate Lateral Benefit ($105,815 x 1.3) = $137,559.50 Lateral Sanitary Sewer Rate = $137,559.50/64 Lots = $2,149.37/Unit 2. Watermain Rate Lateral Benefit ($103,375 x 1.3) = $134,387.50 Lateral Watermain Rate = $134,387.50/64 Lots = $2,099.80/Unit 3. Storm Sewer Rate Lateral Benefit ($47,366 x 1.3) = $61,575.80 Lateral Storm Sewer Rate = $61,575.80/64 Lots = $962.12/Unit 4. Street and Restoration Rate Lateral Benefit ($195,625 x 1.3) = $254,312.50 Lateral Street and Restoration Rate = $254,312.50/73 Lots = $3,483.73/Uni1 rl d :1 r'1 LJ ,.~ d ~, d 'l LJ Estimated Cost Per Lot - Hartfiel's Estates and Hell's Addition :J Sanitary Sewer Lateral Watermain Lateral Storm Sewer Lateral Streets and Restoration $2,149.37 2,099.80 962.12 3.483.73 $8,695.02 'l .J " ,J Total Lateral Benefit Per Lot '1 I I.J '-, I , ...J -5- 994~ u n u Sanitary Trunk Connection Charge Per Lot Watermain Trunk Connection Charge Per Lot Sanitary Trunk Area @ $9121Acre x .50 acre/lot Water Trunk Area @ $972/Acre x .50 acre/lot $244.43 1,055.00 456.00 486.00 n u ,., Subtotal - Trunk Charges Per Lot Total Lateral and Trunk Benefitted Per Lot $2,241.43 $10,936.45/Unit u n u Hell's Addition n u The work within Crane Street NW (Heil's Addition) would reduce the assessment to Parcel 26-32-24-23-0001 by $33,835 if delayed. " Assess with Crane Street Improvements $87,491.52 at $1 0,936.45/unit u n Assess without Crane Street Improvements $53,656.52 $6,707.07/lot u '1 u Future Cost Crane Street Improvements $33,835*'" $4,229.38/lot ,..., u ** Subject to cost adjustment at time of construction based upon ENR Cost Index. ,..., u ,.., u n u ,..., u n u ..., u n u ,..., u ,., u .6- 994~ J PRELXMXNARY ASSESSMENT ROLL ------- ,.., ! HARTFXEL'S/HEXL'S ADDXTXONS U CXTY PROJECT 91-6 ANDOVER, MJ:NNESOTA n COMMXSSXON NO. 9943 U SEWER SEWER WATER WATER UUL STREET AREA CONN AREA CONN LATERAL LATERAL PXN UNUS @456.00 @244,43 @486.00 @1055.00 @5211.29 @3483,73 TOTAL n ---- ---- -- --- ------- --------- U 26-32-24-24-0001 9 0 0 0 0 0 1 $31,353,48 26-32-24-23-0001 8 1 1 1 1 1 1 $87,491.52 ,.., 26-32-24-23-0003 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0004 1 1 1 1 1 1 1 $10,936.44 W 26-32-24-23-0005 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0006 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0007 1 1 1 1 1 1 1 $10,936.44 """ 26-32-24-23-0008 1 1 1 1 1 1 1 $10,936.44 I 26-32-24-23-0009 1 1 1 1 1 1 1 $10,936,44 Li 26-32-24-23-0010 1 1 1 1 1 1 1 $10,936,44 26-32-24-23-0011 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0012 1 1 1 1 1 1 1 $10,936.44 r-I 26-32-24-23-0013 1 1 1 1 1 1 1 $10,936.44 I 26-32-24-23-0014 1 1 1 1 1 1 1 $10,936.44 L..i 26-32-24-23-0015 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0016 1 1 1 1 1 1 1 $10,936,44 ] 26-32-24-23-0062 2 1 1 1 1 1 1 $21,872.88 26-32-24-23-0019 1 1 1 1 1 1 1 $10,936,44 26-32-24-23-0020 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0021 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0022 1 1 1 1 1 1 1 $10,936.44 :I 26-32-24-23-0023 1 1 1 1 1 1 1 $10,936,44 26-32-24-23-0024 1 1 1 1 1 1 1 $10,936,44 26-32-24-23-0025 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0026 1 1 1 1 1 1 1 $10,936.44 :I 26-32-24-23-0027 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0028 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0029 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0030 1 1 1 1 1 1 1 $10,936,44 26-32-24-23-0031 1 1 1 1 1 1 1 $10,936.44 :1 26-32-24-23-0032 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0033 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0034 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0035 1 1 1 1 1 1 1 $10,936,44 26-32-24-23-0036 1 1 1 1 1 1 1 $10,936.44 -1 26-32-24-23-0037 1 1 1 1 1 1 1 $10,936.44 LI 26-32-24-23-0038 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0039 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0040 1 1 1 1 1 1 1 $10,936,44 r-, 26-32-24-23-0041 1 1 1 1 1 1 1 $10,936.44 , 26-32-24-23-0042 1 1 1 1 1 1 1 $10,936.44 LJ 26-32-24-23-0043 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0044 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0045 1 1 1 1 1 1 1 $10,936,44 r, 26-32-24-23-0046 1 1 1 1 1 1 1 $10,936,44 26-32-24-23-0047 1 1 1 1 1 1 1 $10,936.44 LJ 26-32-24-23-0048 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0049 1 1 1 1 1 1 1 $10,936.44 ] 26-32-24-23-0050 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0051 1 1 1 1 1 1 1 $10,936.44 26-32-24-23-0061 2 1 1 1 1 1 1 $21,872,88 26-32-24-23-0054 1 1 1 1 1 1 1 $10,936,44 26-32-24-23-0055 1 1 1 1 1 1 1 $10,936,44 .., 26-32-24-23-0056 1 1 1 1 1 1 1 $10,936.44 I 26-32-24-23-0057 1 1 1 1 1 1 1 $10,936.44 d 26-32-24-23-0058 1 1 1 1 1 1 1 $10,936.44 --- --- --- -- --- ------ ..., TOTAL 73 56 56 56 56 56 56 $731,285. 6~ , STREETS LJ LESS 9 UNUS 64 "1 UTXLXTXES LJ -7- 9934 ., ! d 'l I ~ 1 L.J PROPOSED PROJECT TIME SCHEDULE n Hartfiel's Estates Utility and Street Improvements City Project 91-6 Andover, Minnesota Commission No. 9943 : L.J 'l I L.J r'l , LJ L...;.; 1. City Council Receives Feasibility Report May 7, 1991 2. Public Hearing May21,1991 3. City Council Orders Project and Authorizes Engineer to Prepare Plans and Specifications May21, 1991 4, Engineer Submits Plans for Council Approval and Receives Authorization to Advertise for Bids June 18,1991 5. Advertise in Official Newspaper June 21 & 28, 1991 6. Advertise in Construction Bulletin June 21 & 28, 1991 7. Open Bids, 10:00 AM July 9, 1991 8. City Council Receives Bids and Awards Contract July 9, 1991 9. Contractor Begins Construction July 15, 1991 10, Contractor Completes Construction 1991 Construction Season r1 u r1 u r1 u r1 u n u ...., .....1 L..I r-j L..I ,I J :I :I r-1 LI r, Ll ..-, I d -8- 9943 n J 1 PRELIMINARY COST ESTIMATE LJ Hartfiel's Estates and Heil's 1 st Addition n City Project 91-6 LJ Andover, Minnesota Commission No. 9943 'l I SANITARY SEWER u n Item Unit U No. Description Quantity Price Amount n 1. Mobilization 1.0 LS $5,000.00 $5,000.00 , LJ 2. Connect to Existing Outside Drop 4.0EA 1,000.00 4,000.00 3. 8" PVC SDR 35 SS 0-10' 135,0 LF 13,00 1,755.00 '1 4. 8" PVC SDR 35 SS 10-12' 1,835.0 LF 15.00 27,525.00 L.J 5. 8" PVC SDR 35 SS 12-14' 1,240.0 LF 17,00 21,080.00 6. 8" DIP Class 50 SS 12-14' 80.0 LF 25.00 2,000.00 'l 7. Standard 4' Diameter Manhole 0-10' 10.0 EA 1,000.00 10,000.00 I 8. Extra Depth 5.0 LF 85.00 425.00 L1 9. 8" x 4" PVC SDR 35 Wye 59.0 EA 50.00 2,950.00 J 10. 4" PVC SDR 35 Vertical Clean Out 64.0 EA 55.00 3,520,00 11. 4" PVC SDR 35 Service Pipe 2,200.0 LF 8.00 17,600.00 12. Televise Sanitary Sewer Lines 1.0 LS 1.500.00 1.500.00 n , J Estimated Construction Cost - Sanitary Sewer $97,355.00 'l Trunk Lateral Sewer Benefit - Bluebird Street, J Lots 1-6, Block 4 1 $221Ft x 500 Feet $8.460.00 u 1.3 'l Total Construction Cost - Sanitary Sewer $105,815.00 , L..J 'l Heil's Addition Only LJ 1. 8" PVC SDR 35 SS 10-12' 230.0 LF 15.00 3,450.00 n 2. Standard 4' Diameter Manhole 1.0 EA 1,000.00 1,000.00 U 3. 8" x 4" PVC SDR 35 Wye 8.0EA 50.00 400.00 4. 4" PVC SDR Vertical Cleanout 8.0EA 55.00 440.00 n 5. 4" PVC SDR 35 Service Pipe 300.0 LF 8.00 2.400.00 LJ Estimated Construction Cost - Heil's 1 st Addition Only $7,690.00 n u 'l U n LJ -9- 9943 1 LJ 1 PRELIMINARY COST ESTIMATE d n Hartfiel's Estates and Heil's 1 st Addition , U City Project 91-6 Andover, Minnesota n Commission No. 9943 LJ WATERMAIN n J Item Unit No. Description Quantity Price Amount n I 1. Connect to Existing 8" Gate Valve 4.0 EA 250.00 $1,000.00 U 2. 6" DIP Class 50 Watermain 300.0 LF 12,00 3,600.00 r; 3. 8" DIP Class 50 Watermain 3,760.0 LF 13.00 48,880.00 I 4. 6" MJ Hydrant 7.0 EA 1,100.00 7,700.00 LJ 5. 6" MJ Gate Valve 8.0EA 400.00 3,200.00 r; 6. 8" MJ Gate Valve 5.0 EA 500.00 2,500.00 J 7. 1" Corporation Stop 64.0 EA 40.00 2,560.00 8. 1" Curb Stop and Box 64.0 EA 75.00 4,800.00 r; 9. 1" Type K Copper Service 2,400.0 LF 6.50 15,600.00 , 10. Fittings 2,450.0 LB 1.50 3,675.00 u 11. Rock Trench Stabilization 350.0 LF 4.00 1.400.00 n Estimated Construction Cost - Watermain $94,915.00 J Trunk Lateral Watermain Benefit r; Bluebird Street Lots 1-6, Block 4 J 1 $22/Ft. x 500 Feet $8,460.00 1.3 u Total Construction Cost - Watermain $103,375.00 r; LJ r; Hell's 1st Addition Only LJ 1. 8" DIP Class 50 Watermain 300.0 LF 13.00 3,900.00 2. 6" MJ Hydrant 1.0 EA 1,100.00 1,100.00 1 3. 6" MJ Gate Valve 1.0 EA 400.00 400.00 L.J 4. 1" Corporation Stop 8.0 EA 40.00 320.00 5. 1" Curb Stop and Box 8.0 EA 75.00 600.00 n 6. 1" Type K Copper Service 300.0 LF 6.50 1 .950.00 I LJ Estimated Construction Cost - Heil's 1 st Addition Only $8,270.00 1 w J ,.., I L...J -10- 9943 1. 12" RCP Class 5 Storm Sewer 2. 15" RCP Class 5 Storm Sewer 3. 18" RCP Class 3 Storm Sewer 4. 18" Flared End Section wlTG 5. Build Manhole over Exist. Storm Sewer 6. Standard 4' Diameter Catch Basin 7. Rip Rap Class II 8. Geotextile Fabric 9. Rock Trench Stabilization Subtotal - Storm Sewer J 1 d PRELIMINARY COST ESTIMATE 1 Hartfiel's Estates and Heil's 1 st Addition lJ City Project 91-6 Andover, Minnesota ~ Commission No. 9943 L.J n J J J STORM SEWER Item No. Description fl J J n J fl U n , u ~ I L..J J J r'l J J J ] -11- Quantitv 180.0 LF 1,000.0 LF 360.0 LF 2.0 EA 2.0 EA 13,0 EA 4.4 CY 18.0 SY 300.0 LF Unit Price $17,00 18.00 19.00 500.00 2,000.00 1,000.00 40.00 5.00 4.00 Amount $3,060.00 18,000.00 6,840.00 1,000.00 4,000.00 13,000.00 176.00 90.00 1.200.00 $47,366.00 9943 ] Lr) PRELIMINARY COST ESTIMATE r"r Hartfiel's Estates and Heil's 1st Addition I J City Project 91-6 Andover, Minnesota n Commission No. 9943 u STREETS AND RESTORATION n LJ Item No. Description 1 u 1, Common Excavation 2. Common Borrow 3. Concrete Curb and Gutter 4. Class 5 Gravel 5. Bituminous Mixture 2331 Type 41 6. Bituminous Driveway Patching 7. Remove Culvert 8. Topsoil Borrow 9. Sodding J n J ,.., I U Quantity 6,400.0 CY 3,500.0 CY 9,900.0 LF 4,400.0 TN 2,050.0 TN 450.0 SY 14.0 EA 1,600.0 CY 9,000.0 SY Total Estimated Project Cost - Streets and Restoration J Heil's 1 st Addition Only r1 J 1, 2. 3. 4. 5. 6. Common Excavation Common Borrow Concrete Curb and Gutter Class 5 Gravel Bituminous Mixture 2331 Type 41 Topsoil Borrow 1 LJ rl ; L..l 100.0 CY 100.0 CY 600.0 LF 325.0 TN 145.0 TN 100.0 CY Estimated Construction Cost - Heil's Addition Only ,..., I u J ..., J J n LJ ,.., LJ -12- Unit Price $2.50 4,00 4.75 7.00 24.00 15.00 75.00 8.00 2.00 2.50 4.00 4.75 7.00 24.00 8.00 Amount $16,000.00 14,000.00 47,025.00 30,800.00 49,200.00 6,750.00 1,050.00 12,800.00 18.000.00 $195,625.00 250.00 400.00 2,850.00 2,275.00 3,480.00 800.00 $10,055.00 9943 (f) ~ w 0 z (f) . ~ <( (/) w 0') . ..J z ~ Z -.::::t a.. <C (/) (f) <D Z Q) a: t) (/) W I - Q) w > ~ 3: 0- Z ~ <C (f) Q) . . ~ 0 W 0- (/) .-J a: CJ) 0 . ~ Z a: x W W '0- W - 0 > . >- u.. w ~ a: ~ J 0 ~ ~ a: 0 0 - <t: a: z 0 z z -- 1-= <( U') I 0... <( 0 CJ) ~wo -uo:: 1--- U')>CD -o::W XW=> WU')-.I o CD I-ffi~ I-:i:Z UwO wU')-.I Z <! ~ow UZz w_ 01--.1 I-X W)- 0::01- Ozo:: " I-<!w U 0- <!CI)o 0::0::0:: I- Q. .. ZW Wo~o I-UO:::I- 0 z ~ to ~ SI S,ll3H 0 Z -00 :J: <! (fj U ~ 0 ~ CD 0::: ~ Z <! c:r t- o -l t- ~ ::l 0: 0 c:r a.. E=l E=J , 1 E=::] E::::.] E::::.] E::J r 1 L=l E:......:J E=J E.:.=.l E=::J E::::.] r=" E:..:....J r= 1 L:::3 E::::J (f) w ~ r-.: (f) w (f) .....I W - LL r- a: <t: I co I or- 0) r- o w J o a: 0.. ~ o CJ) w z z - ~ - a: w > o o z <t: ('I') ~ 0) (j) ::E :: a. Q z <( ....J a. z <( :::2 ex: w ~ ~ a: w ~ ~ c ~ 8 N I ,,21 . o z . a. o g: I - I >< w I I 8 o - " .. W ..J c:( ~ (!)o: ZW -I- I-<{ en:?; Xc . WZW oW~ 1-1-.....1 ZX>- -w I- a. co: ~zw <{a. oz~ I--a. <{ O::'!:o 00:1- I-w UI-W <{<{U 0::>_ 1->> ..z 0: wo= w I- U C\I ,n o - v, Z w o Z ::I: <{ en u ~ o ~ m a::: W > 8 Z <{ E:::::::l E=J ~ E=] E:::3 E::::3 E::::::) E::=:.:J L..J L....J r 1 L:::::J E=:] E=l C=J C:=l E=:] r I E::=J . ~ ~ o o z T I ,:21 ~ Z [!: ~ :(Xl ~ z W ::l W > c:( I ,,8 MN )l\;(HO <! t- o ..J t- ::l o :.: a:: <! a.. S,lI3H ~ c Cf) w 0 ~ Cf) w Ct') z U) 0 II r-.: z ~ <( 0 ~ U) C\J .. Cf) <0 Z 0) -J a: w a.. 0 ~ -l W I - 0) .- a: 8 ct ~ U) 0 u ,...- 0: .- (f) Cf) 0) . . ~ 0 W 0- U) ......J a: ~ 0 . r- z a: x 0 W W W 0- W - 0 > . (/) LL W 0 2 2 r- J ~ a: 0 0 0: Z - <( a: z 0 0 t- I 0.. <( 0 Cf) O~ II : ~ F to Z ~ S,ll3H 0 / Z :I: <! en u ~ MN 0 ~ al a::: w > 0 Cl Z <! <r t- o -l t- :.: => a:: 0 <r Cl. E=J [:=-J E:::::3 C:::::3 [=3 E:::3 E:::3 r= 1 L=] C-=-J L=:] E=l L:::::) E:::::3 E:::::::l [.=J r 1 E:::::3 E::::::::l (f) ~ w 0 ~ (f) w Cf) r-: z ~ (f) <0 Z (j) W I - (j) z ~ ~ ~ <( Cf) (j) . ~ 0 ....J a: 0.. II .....J ~ Z z - w 0 W r- oo - > . w w LL W .J 0 ~ w 8 <( r- u J ~ a: Vl a: 0 0 r- <{ a: z 0 CJ) 0 I a.. <{ 0 . , .-. :'}"::;~~:;:<W)/\'::.";. '0". ,;;,,' :\":'::O}=:=\/"";';;::': ..."'.". I ) E..=J L...J E....=l r '1 L.J L=.] E-J c...J L.J L.J L=..J E:=J L.......J r 1 CJ L.......:J L...=.J ~ E=l a -0 n u u a a o D o o u a D a o -0 D o Report Njordmark Dalel.178th Avenue NW. Area Street Improvements City Project No. 91-5 Andover, Minnesota 1991 File No. 17149 /1 f1/1 Bonestroo ~ Rosene \1\lil Anderlik & ~ \j ~ Associates EngIneers & ArchItects St. Paul. MInnesota ----- 1, Ll J J ~ TABLE OF CONTENTS J J Page No. 1 LEITER OF TRANSMITTAL 1. u TABLE OF CONTENTS 2. J INTRODUCTION 3. J DISCUSSION 5. J PROJECT COSTS AND ASSESSMENTS 7. CONCLUSIONS & RECOMMENDATIONS 8. ~ L.l J APPENDIX - COST ESTIMATES FIGURE NO.1 - TYPICAL SECTIONS 1 FIGURE NO.2 - STREET CONSTRUCTION LJ 1 L.l r'1 U ,..., J ..., u ,..., u J ~ Page 2. J ~ u "'1 i L.J J "'1 i L.J n I LJ n L.J '1 LJ ,...., , LJ n , U "'1 I U n u ,.., INTRODUCTION The City of Andover has requested this report to determine the feasibility of constructing 178th Lane N,W. from Tulip Street (County Road No. 58) to Quay Street and reconstructing 178th Lane N.W., Orchid Street N.W. and 178th Avenue N,W. in the Njordmark Dale Addition. The City received a petition from property owners requesting street improvements in the area. 178th Lane N,W. to the west of Quay Street presently exists as a 24 foot wide rural section roadway with approximately four inches of contaminated gravel. The remaining roadways in the Njordmark Dale Area were surfaced in 1974 and the existing pavement has deteriorated considerably. The roadways presently exist with two different sections, beginning ~th an urban section and transitioning into a rural section. The existing urban section begins approximately 100 feet west of Quay Street and terminates past the high point in the roadway, u approximately 450 feet east of Quay Street. The existing urban section consists of three inches u ,.., of Class 5 aggregate base and two inches of bituminous surfacing with bituminous berm,curb, ,.., LJ ,.., u "1 u ,.., i J "'1 L.J "1 : u The existing urban section is 28 feet wide. The remainder of the roadways in the Njordmark Dale Addition, 178th Lane N.W., Orchid Street and 178th Avenue N,W., have a rural section, The existing rural section consists of three inches of Class 5 aggregate base and two inches of bituminous surfacing. The existing surfacing is twenty feet wide with grassy shoulders and ditches, The surfaced roadways in the Njordmark Dale Addition have reached a point where rehabilitating the existing pavement would be nearly as costly as constructing a new roadway. Page 3, 17149.RPT r'l U r'l LJ ,..., LJ J n , w n LJ n LJ ,.., LJ ,.., L.J n u n u n u n u ...., LJ n u ,..., LJ ,..., I L.J r'l u ,..., u We have proposed that 178th Lane N.W. be c,?nstl1,1cted as an urban section from Tulip Street (County Road No, 58) to approximately 450 feet east of Quay Street. The urban section would blend into the existing topography in this area with little disruption. The proposed urban section would be 24 feet face to face with bituminous berm curb similar to that constructed in other parts of the City recently. The section is in accordance with the City standard for temporary urban residential streets. The remainder of 178th Lane N.W., Orchid Street and 178th Avenue N.W. are proposed to be constructed with a rural section similar to that which exists presently. The rural section would have considerably less impact on the area adjacent to the roadway than an urban section would. The proposed rural section would be a 24 foot wide pavement with three foot wide shoulders. The rural section would utilize the existing ditches and culverts in the area with improvements where necessary, There are no recent traffic counts available for the area. An estimate of approximately 200 vehicles for the average daily traffic count may be made assuming that twenty of the lots in the area will use the roads and each will have 10 trips daily, The streets presently serve a confined residential area and are not anticipated to be necessary for through traffic in the future, Soil borings have not been taken in the area. Preliminary investigation indicates a fine sand subgrade, but we anticipate additional soils investigation will be necessary prior to construction. The storm water runoff presently drains to ,the ~ow areas along the roadways and percolates into the soil. Existing corrugated metal pipe culverts and bituminous spillways fa,cilitate the drainage in the area. Page 4. 17149.RPT r'l J r'l I LJ n u DISCUSSION ~ i LJ The construction of the road base for 178th Lane N.W. to the west of Quay Street will n LJ first consist of grading and shaping the roadway to the design grade and crown, Four inches of ,...., Class 5 aggregate base will then be placed over the prepared subgrade, The construction of the LJ n road base for the existing paved roadways in the Njordmark Dale Addition will first consist of w rota-milling the existing bituminous pavement. The rota-milling, with either a road rec1aimer ,..., w or a mill, will crush the bituminous pavement and mix it with two inches of the existing base ,..., materials, This mixing process is used to strengthen the existing aggregate base, The mixed w bituminous/aggregate base will then be graded and shaped to the design grade and crown. The ,..., roadways will then be surfaced with two inches of 2341 bituminous wear course. The proposed w ,..., urban section will have a 4" bituminous berm curb with four foot wide concrete spillways at the w low points in the road. The proposed rural section will have three foot wide shoulders that n , w consist of topsoil. ,..., The existing centerline and driveway culverts along the roadway will be utilized for LJ drainage and will be improved with metal pipe aprons to control erosion. Additional 12" ,...., u corrugated metal pipe culverts with aprons will be necessary under some of the driveways in the n rural section to allow proper ditch drainage. A 15" corrugated metal pipe culvert with aprons w is proposed under 178th Lane N.W. approximately 150 feet west of Quay Street which will act n U as an equalizer between the two low areas adjacent to the roadway. ,...., u ,...., w Page 5. ,..., ! U 17149.RPT J '1 LJ ,., J We assume that a 15" or 18" corrugated metal pipe culvert with aprons will be furnished 1 by Anoka County to be installed under 178th Lane N.W, at the intersection of Tulip Street to LJ allow proper ditch drainage. This assumption is consistent with previous City projects that have ,.., , LJ abutted County roads, .., J The drainage in all areas will be directed to low areas that presently have storm water .., draining to them. LJ All existing driveways will be matched with gravel base and/or bituminous surfacing, The ,.., i LJ construction of ten foot long bituminous driveway aprons off the edge of the pavement is .., , proposed for all existing gravel driveways. LA Sodding with topsoil is proposed for the majority of the lawn areas that will be disrupted "l I LJ due to the road construction. All other disturbed areas along the roadways will be seeded, '1 u utilizing only salvaged topsoil, For the purpose of creating an alternative with a reduced project cost, we have provided a cost estimate that excludes all sodding. This alternative provides for '1 J the restoration with seeding and mulch, utilizing only salvaged topsoil. .., , u "'1 u ,.., u ,.., u .., u .., I , u Page 6. ,..., 17149.RPT u ~ I L..J ~ L..J r'1 I L..J ~ tJ r""1 u r'1 i U r'1 I U ..., U r'1 L.J '"l I u ""1 I U 1 u '1 I U ""1 u '"l u '"l I U r'1 I L..J ,., I , U r'1 u PROJECT COSTS AND ASSESSMENTS The project costs for the street improvement are outlined in this section. The itemized cost estimates are provided in the appendix and include a 5 percent contingency; 18 percent for legal, engineering and administration and 5 percent for bonding and capitalized interest, The indicated unit prices are as projected for the 1991 construction season (ENR 4770 Mpls.). Estimated Project Cost $74,950.00 Alternate: Project Cost with seeding (in lieu of sodding) $67,790.00 The project costs are proposed to be assessed to the benefiting property owners adjacent to the street on a unit basis. There are 18 lots along the street which are proposed to be assessed. The cost/lot for the improvement is $4,160, the cost per lot for the seeding alternative is $3,760, Page 7. 17149.RPT ,..., u ~ u ,..., LJ CONCLUSIONS AND RECOMMENDATIONS r""1 u The project as reviewed herein is feasible as it relates to general engineering principals '1 u and construction procedures. Based on information contained in this report, it is recommended r""1 that: u 1. This report be adopted by the City of Andover as a guide for construction of the '1 I U street improvements. ~ L.J 2. The City conduct a legal and fiscal review of the proposed project prior to a ,..., public hearing. L.J 3, A public hearing be held to determine further action to be taken. The property ,..., owners adjacent to the roadway should be notified for hearing purposes. L.J ,.., u 4. The following schedule be implemented for the project: Receive Preliminary Report May 7, 1991 ""'! L.J Hold Public Hearing June 4, 1991 ,..., Order Plans & Specifications June 4, 1991 L.J Approve Plans & Specifications July 2, 1991 July 31, 1991 ,..., L.J Bid Date ,..., I Award Contract August 6, 1991 L.J Start Construction August 12, 1991 ,.., L.J Complete Construction October 26, 1991 '1 I U ,..., u Page 8. ,..., 17149.RPT L.J r; I LJ ,..., L.J r; , L.J r; , L.J ,..., u n , , LJ ~ LJ ,.., u ,.., L.J ,.., L.J ,.., , u ,.., u ,.., L.J ,.., L.J ..., LJ ,.., L.J ..., L..J ..., LJ ..., LJ APPENDIX STREET COST ESTIMATES PROPOSED IMPROVEMENTS NJORDMARK DALE/178TH LANE N.W. AREA Unit Estimated Estimated Item Unit Price Ouantity Cost Clearing & grubbing trees Each $ 100.00 5 $ 500.00 Roto-milling existing bituminous Sq.yds. 0,75 6,600 4,950.00 Common excavation Cu.yds. 3.00 500 1,500.00 Class 5 aggregate base Ton 6.00 650 3,900.00 2341 Bituminous wear course Ton 16.00 1,200 19,200.00 AC-l Bituminous material for mixture Ton 150.00 72 10,800.00 Driveway replacement Sq.yds. 6.00 400 2,400.00 12" CMP culvert Lin.ft. 16.00 120 1,920.00 15" CMP culvert Lin.ft. 18.00 50 900.00 Install culvert furnished by County Lin.ft. 010.00 76 760.00 12" CMP aprons Each 60.00 18 1,080.00 15" CMP aprons Each 100.00 4 400,00 Ditch grading Lin.ft. 4.00 100 400.00 Concrete spillways Sq.ft. 4.50 200 900.00 Sod w/3" topsoil Sq,yds, 2.00 3,500 7,000.00 Seeding w/topsoil & mulch Acre 2,000.00 0.5 1.000.00 Estimated Construction Costs - Part I $57,610.00 5% Contingency 2.880.00 Total Estimated Construction $60,490.00 18% Legal, Engr., Admin. 10,890.00 Total $71,380.00 5% Bonding and Capital Interest 3.570.00 TOTAL PROJECT COST $74,950.00 ALTERNATE: TOTAL PROJECT COST WjSEEDING (IN LIEU OF SODDING) $67,790.00 Page 9. 17149.RPT U n U n u ,...., , LJ ,...., 1 I j ~( SLOPE 1/4" /ft 2" 2341 BITUMINOUS WEAR 4" ROTO-MILLED BITUMINOUS & AGGREGATE BASE 2" TOPSOIL lYPICAL SECTION - RURAL 178TH LANE NW - STA. 13+50 to 19+70 ORCHID STREET, 178TH AVE. NW 33' 33' 13.5' 13.5' 13' 13' 12' 12' / SLOPE 1/4" /ft 4:' --- 4" TOPSOIL AND SEEDING ...., 4" BIT. SHOE SHOE L.J FORMED CURB t' 2341 BITUMINOUS WEAR 4" CL. 5 AGGREGATE BASE OR 4" ROTO-MILLED BITUMINOUS/AGGREGATE BASE PLACED ON APPROVED SUBGRADE ~ u lYPICAL SECTION - URBAN 178TH LANE NW - STA. 0+00 to 13+50 CUL-DE-SAC 50'MIN. RADIUS AND 40'MIN. BITUMINOUS RADIUS n , u 5 TON, 30MPH DESIGN ESTIMATED ADT 1-400 SINGLE FAMILY, RURAL R-1 n u n ANDOVER, MINNESOTA NJORDMARK DALE/178TH LANE NW FIGURE 1 n Bonestroo Rosene 'It Ander'ik. & .\1. Associates Engineers & Architects 2335 West HIghway 38 St Paul, AAfnnelola 115113 lYPICAL SECTIONS n , u LJ 17149REP MAY 1, 1991 COMM. 17149 . I ., .. {. ... z o ~ ..... z Oz "'"' 1-0 .q- 0_ ~ ~ "" I"') WI- "'"' l() ......... (/)u 00 0 W ......... z(f) ~ 0 N <(-l rn<( L 0:::0::: J.33~lS 3= :::J:::J W OIH~~O lLO::: "'"' Z "'"' Z Oz t:.""" :5 0 "" ~ . l() 0 ......... 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