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Home My WebLink AboutCC February 6, 1990 ) " "-~ **************************************************************** ~~************************************************************~* ~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** :: WHAT'S HAPPENING? :: ~~ ** ~~ ** ~~ ** ~iC ** ~~ ** ~~ ** :~ ** ~~ February 6, 1990 ** ~~ ** iCiC ** ~~ ** ~~ ** ~~ ** ~~ - I mailed the Council the Union request for ** :: 1990. I have contacted Cy Smythe. Frank and I :: :: met with Cy on the 1st of February. We will :: ~~ prepare a response for the Council to review and ** :: approve. Ray is the new Union Steward. Scott :: :: is the alte rna te. :: ~~ ** :: - Request Council to set an Executive Work :: ~~ Session with Cy Smythe, Frank and I to . ** ~iC ** ~~ discuss Union Contract. Suggested dates are ** :: February 14th, 27th or 28th. It should :: ~iC take about 1 hour - 7:30 p.m. to 8:30 p.m. ** ~iC ~ ~iC ** ~iC - Note the Special Meeting wi th the Lower Rum ** ~~ ** ~iC River Water Management Organization is at ** :: 7:00 p.m. on the 21st of February in the :: ~... Communi ty Room in Anoka' S Ci ty Hall. ** iC~ ** ~~ ** ~~ - Staff meeting on police liaison at Roosevelt Jr. ** :: High. Notes on meeting to Safety Committee. :: ~~ ** ~iC ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~iC ** ~~ ** ~~ ** ~~ ** ~~ ** ~iC ** ~~ ** ~~ ** iC~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~:************************************************************~: ................................................................ CC C;t ~.J6 ~ / f :J/L';c; I I II. LAW OFFICES OF ('''~'1' roM. tJ.;.,;.,:" _ .,":J l!~p] (!:~: C ;~t;::. :;:~~]; , -~ Burke altd Jlawkilt$ SUITE 101 2g9 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA ~~433 PHONE 161 21 7B4-299B JOHN M. BURKE WILLIAM G. HAWKINS February 2, 1990 Alan G. Jontz, Esq. 299 Coon Rapids Blvd., t102C Coon Rapids MN 55433 RE: Andover Pumpkin City Investment Dear Mr. Jontz: I received your letter concerning a proposal by your client to clean up the property within the City of Andover on or before July 31, 1990. This matter will be considered by the Andover City Council at their meeting on February 6, 1990. It will be my recommendation that the City accept your proposal. I would require that your client submit a letter signed by him acknow- ledging that he will clean up the property by that date and that if it is not entirely cleaned up on or before that time, the City then will have the right to go on the property and remove the remaining junk thereon and assess the costs against the property pursuant to the City Ordinance. If this is acceptable, please provide such a letter of under- standing signed by your client. Sincerely, Is/ William G. Hawkins William G. Hawkins Andover City Attorney - '. ~H : mmg Jcc: Jay Blake ~ -'--./ '---/ "- 'J OBJECTION TO SPECIAL ASSESSMENT TO: City of Andover lUI~/ ;J/ {;l i--\' 0, 0 . Doug Johnson Built Homes, as owner of the following described real property, hereby formally object to the special assessments levied by the City of Andover for City of Andover Project 87-3B Crosstown Boulevard Storm Drainage: Legal Description: Lot 2, Block 1, Kensington Estates, 2nd Addition It is our intent to appeal the special assessments levied against our property to the Anoka County District Court pursuant to Minnesota Statute Section 429.081. Dated this I N- I '.V day of Feb., 1990. 1\'\\ 1J6..h....."-"~ Doug Johnson c. ..~" q D ~ ~,~ '. .~ OBJECTION TO SPECIAL ASSESSMENTS To: City of Andover Violet Erickson, as owner of the following described real property, hereby formally object to the special assessments levied by the City of Andover for City of Andover Project 87-3B and 88-1 Crosstown Boulevard Storm Drainage: Legal Description: Lot 1, Block 1, The Oaks It is our intent to appeal the special assessments levied against our property to the Anoka County District Court pursuant to Minnesota Statute Section 429.081. Dated this ,f)- v day of Feb., 1990 tu~ ~,~i~ Violet Erickson , I - ./ t (C5nJ~~ ~(]]ill , ') '-J - -- -- - -- - February 5, 1990 Andover Fire Department Roger Noyes Crosstown Blvd. Andover. MN 55304 Dear.IRoger. Following, please find the proposal specifications for the repairs and modifications to both of the Fire Trucks which we inspected at your station. The first spec is for the repairs to your 1979 Ford/General CaODO Pumper/Tanker.t't:he cost for the repai"rs as spec! fied would be $7,540.00. Please note that there are also several options for your consideration which are not included in the above price. The second set of specifications is for the refurbishing of your::Engine it 81. This is a much more comprehesive job and includes the disassembly of the apparatus body and removal of all exterior chrome trim as outlined. The pump compartment area would be disassembled and prepared for the construction of the fully enclosed crew cab, and other modifications would be completed prior to a total repaint of this unit. After your receipt of this information and review of the same. please call me with any other information of questions which you might have. Thank you for allowing us to provide you with these estimates and I look forward to hearing from you at your earliest convenience concerning the same. Sincerely. Roger Otto> ""- ,-~ W~~{~!~!{~ Alrporl Road P.O. Box 571 Osceola. Wisconsin 54020 (715) 294-2555 t 10 - d 3~I~ ~OLsno ~rO:~t NOW r06-~ -g3= 'CUSTOM FIRE-APPARATUS. INC. , ~~ Airport Road . P.O. Box 577 . Osceola, Wisconsin 54020 · (715) 294.2555 · FAX (715) 294-2168 BID PREPARED FOR: CITY OF ANDOVER, MINNESOTA REPAIRS AND MODIFICATIONS: TO 1979 FORD caooo TANDEM PUMPER/TANKER APPARATUS BODY REFURBISHING: original 4-way steel treadplate material including runningboards, side compartment floors, rear compartment floors, ~nd rear step/platform to be removed. 4-way steel treadplate components to be sandblasted to white metal with damaged areas being repaired, primed, and repainted prior to reinstallation. OPTION; For original 4-way steel components to be removed and discarded, new runningboards, side compartment floors, rear compartment floor, and rear step/platform to be fabricated of .125 polished 4-way aluminum and installed, please add; $900.00. AfCer removal of all runningboards and rear step platform areas, booster tank is to be removed from apparatus body. After tank removal all side sheets, front sheet, rear body skirt, and entire subframe ared to be sandblasted to white metal finish removing all rust/corrosion deposits. These same areas shall be prime painted, enamel painted. and. rust proofed prior to reinstallation ot original water tank. Customer to be advised of cost and necessity ot any additional repairs to side sheets at this time. Original 4-way steel rear con~artment face to be removed and discarded. New rear compartment face to be constructed of polished 4-way aluminum treadplate material bolted in position. New vertically hinged rear compartment doors to be fabricated of polished 4-way aluminum installed with polished stainless steel hinges. After removal ot runningboards all flanged runnlngboard attachment areas to be sandblasted to white metal, prime painted, enamel painted, and rust proofed prior to reinstallation of runningboards. At this time. Andover Fire Department to be advised ot' allY hidden damaged areas that would need to be repaired and the cost ot same. " , ---.J 1 ::":,,,",-1 3~I~ wo~sn~ ~0:~t NOW 06-~ -g3~ CUSTOM FIRE APPARATUS,INC. Airport Road , P.O. Sox 577 ' Osceola. Wisconsin 54020 · (715) 294.2555 , FAX (715) 294-2168 ~J BOOSTER TANK: After removal of booster tank from apparatus body, rear Newton dump valve to be removed. Area where valve attached to tank to be inspected. Corrosion damaged area to be cut out and replaced with new steel. After repairs are made, interior areas of repair to be properly prepared prior to coating and exterior to be sandblasted, prime painted. enamel painted. and rust proofed prior to reinstallation. One magnesium anode to be furnished per each baftle compartment. Anodes to be installed in tank cover so as to be removable .without removal of tank top. At this time tank interior to be inspected and Andover Fire Department to be notified as to condition of tank interior and necessity of any additional repairs. OPTION: original wood hosebed gratings to be removed and discarded. Interior hosebed area to be sandblasted. prime painted, and enamel painted. New aluminum extruded hosebed gratings to be furnished and installed. please add; $1.475.00. OPTION: New polished 4-way aluminum treadplate hinged hosebed covers to be furnished and installed tull length of hosebed area. equipped with full length pOlished stainless steel piano hinges. please add $1.850.00. Left rear compartment doors to be removed. new pOlished stainless steel hinges installed. and doors refitted and reinstalled. Atter tank is reinstalled. prior to reinstallation ot new rear body fdce, inside rear beaver tail areas to be plated with brushed stainless steel. ELECTRICAL: New Force 4 all-light bar with clear dome and red bulbs to be furnished and installed in exchange for Customer's old light bar. TwO Code III LP beacons furnished at rear beavertail. , "-~ 2 O;;:0"d 3~I~ WOLsn~ S0:Sl NOW 06-S -~3~ CUSTOM FIRE APPARATUS. INC. AIrport Road . P.O. Box 577 . Osceola, Wisconsin 54020 · (715) 294.2555 . FAX (715) 294.2168 ,) BID PREPARED FOR: CITY OF ANDOVER, ANDOVER, MINNESOTA ENGINE #81 CHASSIS CAB AND BODY: The entire chassis cab and apparatus body exteriors to be stripped ot all chrome, handrails, rear view mirrors, lights, sirens, doors and door hardware, front bumper, air horns, and other bolted non-painted accessories. All chassis cab windows/glass to be removed to allow repainting ot window setting channel covered areas. Original lett and right side front fenders to be removed. Fender scutt plates to be removed, cleaned, and reinstalled after finish painting. Original fenders to be repaired if necessary and reinstalled after finish painting using new welting. All body fabrications shall be assembled/holes drilled, disassembled with holes D-burred, and reassembled with all back flanges prime painted, rust-proofed, and caulked with Butyl non-hardening sealant. All stainless, smooth aluminum, 4-way polished aluminUln, and chrome accessories to be properly fitted, removed, and reinstalled atter finished painting. Areas where dissimilar metals come in contact shall be properly protected to prevent corrosion. Area between tire pump compartment and rear ot chassis cab to be stripped of original body compartmentation and walkway area. This area to be minimum ot 36 inches from back of chassis cab to front sheet ot fire pump compartment. This area to be stripped ot compartmentation and any trame-mounted accessory equipment. Existing 50-gallon "D-shaped" gasoline tank to be relocated in front ot rear wheels on left side of chassis trame area. Tank brackets to be bolted to frame and designed to allow removal of fuel tank from below left body runningboard/compartment floor. Left side compartment to be modified to accommodate above fuel tank including 4-way steel fuel tank enclosure and full shelf above gas tank. Fill cap to be easily accessible inside lett compartment. , -) Left and right side runningboard areas to be disassembled and discarded. New left and right side runningboards to be 1 -bo1Zl"d 3~I~ wo~sn~ ~0:~t NOW 06-~ -g3~ CUSTOM FIRE APPARATUS. INC. Airport Road . P.O. Box 577 · Osceola, Wisconsin 54020 · (715) 294-2555 . FAX (715) 294-2168 ,J fabricated ot polished aluminum treadplate in keeping with original design and attachment to existing body. Existing fire pump compartment to be disassembled to allow specified modifications and then reassembled to original condition. Atter runningboards are removed, rust damaged right front compartment corner to be cut out and replaced as necessary. Additional ruse damage runningboard attachment areas and parts to be replaced as necessary. Existing officer's cab seat back to be modified and reupholstered to allow for mounting ot ziamatic walkway airmask bracket. Bracket to be installed on a rigid steel support to the left ot the right of ticer' s seat and IltounCed at a 45 degree angle toward right seat position. Bracket is to accommodate MSA 30 minute composite ultralite II tank. original chassis cab floor mat to be removed and discarded with new floor mat being installed. OPTION: To fabricate and install new pump heater casing constructed Of galvanized steel with single bottom slide-out pump access pan. Heater casing to be bolted in position and easily removable, please .addi $450.00. DESIGN AND FABRICATION OF CReW CAB Crew cab to be fabricated ot galvanized or galvanneal cold rolled auto body sheet steel and be ot all-bolted construction. The chassis frame rails rear of chassis cab and front of tire pump compartment to be properly prepared prior to installation ot crew cab. '\ ,~ Sub-trame to be fabricated at 3 inch iron channels bolted crosswise to top ot chassis trame rails. Frame rails to be as long as possible without interfering with access to cab tilting mechanism. Sub-frame to be bolted in position with zinc plated Grade 8 fasteners. Crew cab front panel to be fabricated ot minimum 12 gauge galvanneal steel. Front panel to be minimum 96 inches wide and tull height ot crew cab compartment. Front sheet to be equipped with 3 inch radius corners left and right side. An 2 c:: c:. - .-I ~~T~ wo~sn~ 90:~~ NOW 06-~ -a3~ CUSTOM FIRE APPARATUS. INC. Airport Road . P.O. Box 577 . Osceola, Wisconsin 54020 · (715) 294.2555 · FAX (715) 294.2168 .- \ \.J integral front door jamb area panel to be bolted to specified sub-trame, upper and lower floors. and specified root. A 60 inch wide X 16 inch high clear safety glass window to be furnished and installed in front crew cab panel at same level as rear window chassis cab. Window to be properly supported with fabricated galvanized steel channel bolted to exterior panel immediately below window opening. Two hinged access doors to be fabricated and installed between crew cab front panel and rear of chassis cab. Panels furn~shed with polished stainless steel continuous hinge and chrome spring loaded latch assemblies. Panels to be fabricated to match contour shape of chassis cab and designed to provide streamlined appearance. Panels to be hingsd out to allow access to cab tilting mechanism and provide for necessary clearance to tilt chassis cab away from front of crew cab. rFUll width rear cab panel to be fabricated Of 12 gauge galvanneal steel bolted in position in~ediately ahead of existing tire pump compartment. Panel to be full width and height of crew cab furnished with integral full height rear door jamb areas. A 60 inch wide X 16 inch high sliding rear crew cab window to be furnished with anodized extruded aluminum frame mounted in rubber window setting channel. window to line up with front crew cab window. Full width crew cab roof shall be fabricated from single sheet of galvanneal steel designed with left and right side 3 inch radius outside corners. Specified root panel to be bolted to front side and rear panels. designed to overlap front and rear panels. Sides of root to be flush with left and right side top door jamb areas. Polished aluminum extruded drip molding to be furnished immediately below roof panel on lett and right sides. Drip molding to be installed. removed, and reinstalled atter finish painting. OPTION: sunroof. obstruct To furnish and install a 15 inch x 30 inch tinted Sunroot to be opening type and mounted so as not to interior headroom. please add; $400.00. '\ J 3 90"d 3~I~ WOLsn~ L0:S~ NOW 06-S -g3~ CUSTOM FIRE APPARATUS. INC. Alrpor1 Road · P.O. Box 577 · Osceola, Wisconsin 54020 . (715) 294-2555 . FAX (715) 294-2168 , ') '- -" Crew cab lower floors, floor risers, and upper floor to be fabricated of polished 4-way treadplate and installed on above specified sub-frame. Floors to be in line with original apparatus body runningboards dnd extend at least 1/2 inch beyond crew cab sides to act as protective rubrail. Interior crew cab risers to be bolted to lower crew cab floor and upper crew cab floor and poiitioned to be not more than 2 inches outside of chassis (rame rails, left and right side. Upper level polished 4-way treadplate floor to be braced and bolted into position, not more than 2 inches above chassis frame rail and provide necessary support for specified interior seating dnd seatbelts. Upper floor to be removable (without disturbing seating) for access to transmission and driveline. Lett and right side crewcab doors to be a minimum Of 26 inches wide and maximum height beginning at lower step runningboard extending to within 6 inches ot crew cab root. Panels to be V-formed, fabricated of minimum 14 gauge galvanneal or galvanized steel with removable interior door pans. Full length 1/4 inch polished stainless steel continuous hinge to be bolted to specified door and door jamb areas using cadium plated Grade 8 button socket head cap screws and selt locking fasteners. OSHA and DOT approved rotary latches to be furnished at rear center o( each door, complete with chrome plated interior and exterior lever latches. Doors to include an 18 inch wide X 22 inch high tinted glass sl iding window uni t with extrude aluminum frame. Interior door pans to be fabricated around window perimeter [or streamlined appearance and maximum rigidity. Alter finish painting, interior ot left and right side doors and door pans to be covered with Antip~on 13 sound dampening pad. CREW CAB INTERIOR SEATING: ,-) Furnish and install three black vinyl covered, crew cab seats, posiCioned so as to provide maximum interior stand up room in walk-thru area. Seat housings to be bolted in position and removable for future modification. 4 -' c:t - .-I ~~T~ wnl~n~ L0:~~ NOW 06-~ -g3~ CUSTOM FIRE APPARATUS. INC. AIrport Road · P.O. Box 577 . Osceola, WIsconsIn 54020 . (715) 294.2555 . FAX (715) 294.2168 ,~ Four DOT approved seat restraint devices furnished and installed on above specitied seats. Furnish and install 1-1/4" diameter polished stainless steel handrail with chrome plated brackets full width ot crew cab interior. Railing to be installed using minimum of four chrome plated brackets. Two additional chrome plated interior door pan grab handles. Furnished and installed above interior door latches, to prevent accidental opening. Above specified door pans to be reinforced tor mounting of grab handles. Furnish and install 20,000 BTU hot water type heater in specified crew cab. Piped to chassis engine cooling system "down-stream" closed ot interior chassis cab heater. Heater lines to be gated inside engine compartment. Above specified heater to be recessed into pun~ compartment front panel and fully enclosed for re-circulating of interior crew cab air only. Heater to be controlled by remote fan switch located and labeled inside crew cab. Furnish and install three Ziamatic style walk-way air mask brackets mounted inside crew cab area. Brackets must accommodate MSA composite tanks and include nylon strap reta.iners. SOUND PROOFING , '-) After tinish painting and assembly, the interior root ot crew cab to be lined with 1 inch thick black vinyl-covered foam sound deadening material. Headliner to be held in place with industrial grade adhesive and aluminum fabrications around the perimeter. Furnish and install two 7 inch diameter interior crew cab lights in lett and right side upper roof areas. Lights to be operated by automatic door switches, lett and right sides and individual mounted switches. Lighting to be wired to chassis cab tuse block and properly identified. After installation of crew cab and interior sound proofing, the crew cab will be "sound tested" with all emergency warning audible devices operating. Test to be taken from a seated position with vehicle operating from 0 to 55 mph. Results provided to Fire Chief, Andover Fire Department, upon delivery. 5 812l"d 3~I~ wo~sn8 812l:~~ NOW 06-~ -g3~ CUSTOM FIRE APPARATUS. INC. Airport Road - P.O. Box 511 - Osceola, Wisconsin 54020 - (715) 294.2555 - FAX (715) 294.2166 ': ) FIRE PUMP MODIFICATIONS: Original front bumper to be extended approximately 18" ahead of chassis grille. Area between bumper and grille plated with 4-way polished aluminum treadplate material top, rear, and ends. A recessed 4-way aluminum treadplate box to be furnished between frame extensions, designed to accomodate 150 ft. of 1-3/4" rubber hose. Box furnished with extruded aluminum hosebed gratings and vinyl coated nylon hosebed cover. Existing electric rewind booster hosereel to be removed and retained by Andover Fire Department. Existing 1/1 discharge to be removed and exchanged lor 2" valve and piping to specified front bumper hosebed with high pressure hose and reusable fittings and brass swivel discharge elbow. OPTION: For existing pump panel areas left and right sides to be disassembled and overlaid with no, 4 brushed stainless steel, trimmed with polished aluminum extrusions. Full width brushed stainless steel fabricated light housings furnished, left and right side with multiple 12-volt bulb elements, please addi $750.00. OPTION: For existing pressure and discharge gauges to be replaced with new liquid tilled Span freeze-proof gauges on new brushed stainless steel tilt-out style pump gauge panel with integral light housing and adjustable grip latches, please addi $600.00. , ) Fabricate and install new polished aluminum diamond treadplate door jamb and header at rear of apparatus body. Header to be louvered to provide ventilation to rear compartment. FurniSh and install aluminum anodized roll up style rear compartment door. Rear step/platform area to be fabricated of polished 4-way aluminum treadplate. FurniSh and install Hanson style 5EZ rOd/spring style stainless steel door holders on all vertically hinged compartment doors. Holders to be bolted in position and easily removable. 6 ':::"ilAI-""'" ~~I~ WOisn~ e0:8~ NOW 06-8 -g~~ CUSTOM FIRE APPARATUS. INC. \ ) AlrportRoad · P.Q.Pox577. Osceola,Wlsconsin54020 . (715)294-2555 . FAX (715) 294-2168 BOOSTER TANK: Booster tank to be removed from apparatus body so that interior area apparatus body side sheets may be inspected and repaired as necessary. Customer to be advised of cost of necessary repairs. Exterior wheelwell areas ot booster tank to be inspected and recoated as necessary prior to reinstallation. One rod-style removable magnesium anode to be furnished for each baffled compartment. Anodes to be located in tank top and removable without entering the tank interior. ELECTRICAL EQUIPMENT: Furnish and install an electrical distribution box of circuit breakers in the rear compartment near the generator and hot wire the Customer's furnished 1500 watt telelights to the junction box. Both lights are to be controlled by independent switches located on the pump panel. FurniSh and install neW Code III Force 4 XL full width all- light lightbar with clear lenses and red bulbs. Furnish and install a Federal model CP100 chrome pedestal mounted siren on above ,specified front bumper extension. Furnish and install a Federal model Q mechanical siren mounted on above specified front bumper extension. TWo Whelen model Mini-Grille Master strobe lights furnished mounted on front of chassis complete with UPS 2 power supply. PAINTING/FINISHING: " I /' Apparatus to be finished in fine coach colors of Fire Dept. red. Entire chassis cab, ~pparatus body, crew cab, etc. to be spray painted with acrylic enamel with urethene hardeners and gloss additives. All 4-way aluminum treadplate to be properly undercoated. installed after finish painting, properly caulked after installation. 7 121 t . d 3~I~ wo~sn~ 6121:gt NOW 1216-g -~3~ ~J '\ j CUSTOM FIRE APPARATUS. INC. AlrportRoad · P.O.BOl(577 · Osceola,WIsconsln54020 . (715)294-2555 . FAX(715)294-2168 TwO fUll quacts of original colors to be provided for future touchup. Lettecing to be hand painted, swirled, genuine Gold Leaf, installed on chassis cab crew cab door dnd chassis front per Customer's specifications. 2 inch wide Scotchlite reflective body striping furnished above runningboard level, lett and right sides fUll length at body with two gold body stripes, one below and one above reflective stripe. MISCELLANEOUS: Left rear compartment to be equipped with 24" wide roll-out tray with heavy duty Grant slides. Tray to be ot sufficient size to hold Customer's furnished Hurst power unit. Centec hosebed divider to be modified to accomodate hinge attachment of fabricated polished 4-way aluminum full length hosebed covers. Polished 4-way aluminum treadplate hosebed covers to be furnished. 8 t t . d 3~I~ wo~sn8 0t=gt NOW 06-g -~3~ DATE: February 6, 1990 ,) ITEMS GIVEN TO THE CITY COUNCIL "What's Happening" Park and Recreation Commission Minutes (1/4/90) Planning and Zoning Commission Minutes (1/9/90) City Council Assessment Hearing Minutes (1/10/90) Regular City Council Minutes (1/16/90) Feasibility Report~ Rum River Forest Area~ 89-19 Feasibility Report~ Lakeridge Area~ 89-26 Feasibility Report~ Njordmark-Dale Area~ 89-27 Letter from Jim Schrantz to Bill Hawkins (1/30/90) Letter from Jeff Spartz & Robert D. Sjogren (12/21/89) Letter from Bill Hawkins re: Tonson (1/18/90) EPA Fact Sheet , Letter from Karen Bridgeman (1/22/90) Minutes from TKDA (1/17/90) Letter from Todd Haas to Jerry Green (1/26/90) Report of Outstanding Indebtedness (12/31/89) Memo from Lower Rum River WMO (1/19/90) Letter from Bill Hawkins to Richard Sundberg (1/31/90) Letter from Steve Keefe (Met Council) to Karla Wahl (1/25/90) "Redefining" Newsletter PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. , ) THANK YOU. .... ./ / **************************************************************** ~~************************************************************~* iC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** :: WHAT'S HAPPENING? :: iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** :: February 6, 1990 :: iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC - I mailed the Council the Union request for ** :: 1990. I have contacted Cy Smythe. Frank and I :: iC: met with Cy on the 1st of February. We will :: :: prepare a response for the Council to review and :: iCiC approve. Ray is the new Union Steward. Scott ** :: is the alternate. :: iCiC ** iCiC ** iCiC - Request Council to set an Executive work ** iCiC Session with Cy Smythe, Frank and I to ** iCiC ** iCiC discuss Union Contract. Suggested dates are ** :: February 14th, 27th or 28th. It should :: :: take about 1 hour - 7:30 p.m. to 8:30 p.m. :: iCiC ** :: - Note the Special Meeting with the Lower Rum :: iCiC River Water Management Organization is at ** :: 7:00 p.m. on the 21st of February in the :: :iC Community Room in Anoka's City Hall. ** iC ** iCiC ** :~ - Staff meeting on police liaison at Roosevelt Jr. *~ iC~ . h *~ iC H1g. Notes on meeting to Safety Committee. ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** :iC ** iCiC / ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iCiC ** iC . ** iCiC************************************************************** ~~~~~~~~~~~~~~~~~~~~.~~...~~.~~~~~~..~~~..~~.~.~..~~~~~~.~~~..~~ I J A N - 1 8 - 9 .a T .!::!....U 1 2 : 5 6 P. .a 1 . '\ "_/ " ,~ I.AW 0I'1'lC;E.S 01' 1JlIrke IlHd .HllwkiHS aurrE '01 2.. C;:OON IV."'~ ~u~~V"'~P COON 1lA1'l0$. ~INNUOT'" ~~.U3 "HONt III 1217&4a1lD8 JOHN "". .U~KE WII..Ll""" G, HAWKINS FACSIMILE TRANSMISSION COVER SHEET DATE: 1-18-90 DELIVER TO: ,Jim ~~hr;mt':l! FIRM: FAX NUMBER: Andover PROM: 7S5"89B William G. }l.:lWK;n~ TOTAL PAGES (INCLUDING COVER SHEET): 9 OPERATOR: M;:!ry RE: Tonson, Inc. OUR FACSIMILE NUMBER IS: 612-784-2305 IF MESSAGE IS NOT RECEIVED, CALL 612-784-2998 NOTE: ~_ Y/,L-U . . ~. I rl.1 ;J.J 11"'--1 a.,c '}.11.. -If 7..1( .,!1___ (0) (,. ! J A N ::::.~~ ",:",_9 ,"!__.T.!-I U_..._!...~..:;'.>'5.?...._....__...._. p ".. "? .2 ..... .STATE OF MINNESOTA' ') , . -, Ann E. Cohen Special Ass1stant Attorney General S;1te 200 520 LaFayette Road ~ St. Paul, MN 55155 -, DISTRICT COURT TENTH JUDICIAL DISTRICT CLERK'S NOTICE COUNTY OF ANOKA ..J r William Hawldns, Attorney Ste 101 299 Coon Rapids Blvd. Coon Rapids, MN 55433 -, . l.. ..J RE: c6-88-9640 St'ate of Minnesota etal va. Milton J. I.aPanta etal . ,. . .. _,.._4.,4_ .-:..,",:, "_"" ........ ._.......... ......_ _--:---__.... ....- I, .._-.......-...-. You are hereby notified that- on '1-10-90 ,-. a Find1ngs of Fact, Conclusions of Law & Order for Jud~nt was duly flled in the elbove-ent:itled matter. (copy enclosed) , If yOu require a copy of this document the fee is $ for a certified copy and $ for an uncertified copy. If you request copies by mall, payment must: accompany your request. ,~ ~. . .. " 42S-REV.1016S'Cwp F-03) '. ' ,.. JANE F. MORROW Court Administrator Anoka County, Minnesota . . . Dated: 1-12-90 By Nq Deputy .' '...... ,,' .... /' " ..... .-' " ~ JAN-1e-9~ THU 12:57 P_~3 COUN'l'Y or ANon , . DISTRICT COURT " TEN'l'H. JUDICIAL DISTRICT . ') ....-../ S'l'A'l'E or MINNESO'l'A , , , I' j.'. . ------------------~---------------- state of Minnesota, by'its Attorney General, Hupert H. Humphrey, III, and its Pollution Control Agency, and the city of Andover, FINDINGS or rACT, CONCLUSIONS or LAW, AND ORDER fOR JUDGMENT plaintiffs, Court File NO. C6-88-9640 va. Milton J. LaPant8, Waste Recycling Inc., and Tonson, Inc., Defendants. ----------------------------------- ') 'J The above-entitled matter came on for hearing on December 12, 1989, before the undersigned judge of District Court upon motion'~of the plaintiffs, state of Minnesota and the City of , ~ I . ... . .,, Andovel;" .;ifor summary judgment. Ann E~ Cohen, special Assistant Attorney:General, appeared on behalf of plaintiff; state of Minnesota, Waste Management Board. William Hawkins, Esq., appeared on behalf of plaintiff city of Andover. Richard J. Sundberg ,E~~. ,appe.ar~a QI1..J::leha],(. of the defendants. Based on the files, records and proceedings in this matter, the Court now makes the following: fINDINGS OF FACT 1. That this action was commenced by a Complaint dated september 19, 198a, alle~ing that the defendants were violating the terms of a stipulation agreement governing the abatement of a waste tire dump located in the city of Andover (Andover Tire JAN-18-90 THU 12:58 ..... - ~.q. ....., \"".' ,~ Dump) and thereby creating nuisance conditions endangering public health and the environment. 2. That the Complaint sought an order requiring the defendants to cease to accept waste tires at the site, and to restore and add fire lanes needed due to the uncontrolled disposal of the waste tires. 3. That hearings were held on the motion of september 28 and October 3, 1988, during which both parties submitted testimony and evidence, aridon--october 6, 1988 the CoUrt inspected the site. 4. That December 23, 1988, the Court issued an order granting the relief sought by the plaintiffs. S. That in makinq this order the Court made numerous factual findings. . 6'," 'l'hat the Court found that the defendants had violated " ~. ' . " the termS of the stipulation agreement, applicable rules, and local ordinances. (Findings 12, 13, 14]. 7. That the Court found that the defendants were '. responsible for the violations of the stipulation agreement. [Finding is). . --. 8. That the Court found that the increased density of the waste tires in the stockpile area of the site and the loss of the fire lanes had created an extr~mely hazardous condition. (Findings 20, 21, 22, 23, 24]. 9. That the court found that the presence of hazardous wastes beneath the waste tires could e~danger emergency response '\ '-~ 2 J A N ,- 1 8 - 9..0 T H U 1:2:58 P.05 :., ........ ~..~' . .' ' ~) personnel and local residents in the event of a fire. (Finding 25]. 10. That the Court also found that the stipulation agreement made payment to Waste Recycling conditional upon waste Recycling being in compliance with the terms and time schedule in the agreement. [Finding 5J. 11. That on February 9, 1989, a hearing was held on the plaintiffs' motion to enforce the order issued December 23, 1986, and to ~OdifY that order to' provide the Minnesota'pollution Control Agency (MPCA) with access to the Andover Tire Dump to remove and process the waste tires. 12. That following the hearing, the Court issued an order which included factual findings. 13. That the Court found that on November 22, 1986, the . MPCA had issued an administrative order called an "abatement /. order. I~ .' [F ineling 2]. ", . 14 ..~. That the Court found that the abatement oreler authorized the Commissioner of the MPCA to enter the Andover Tire Dump to remove ana process the waste tires located there. [Finding 3J. 15. That the Court found that the defendants had refused to comply with the abatement order and had not given the MPCA access to the site needed to remove and process the tires. [Finding 4J. 16. That the Court found that, on the night of February 7, 1989, a fire began to burn at the Andover Tire Dump that continued to burn at the time of the hearing, and that residents "- '--) 3 P.06 JAN-l~-90 THU 12:59 :,) ~ ! , ,. \ , ) ;,,:~..' ,. "..,: ~.. .' '"'. . in the vicinity of the site had been advised to evacuate. (FindinCJ 5]. 17. That the Court found that the conditions at the site presented an imminent threat to human health, public welfare and the environment. [Findinq 6]. 18. That the Court concluded that Minn. stat. S115A.906, subd. 2 (1988) authorized the MPCA to issue orders to abate waste tire dump nuisances, and that such orders could authorize the MPCA to take control' of waste tires located'. in a waste tire dump and provide for their processinq and removal. [Conclusions 2, 3]. 19. That the Court concluded that the MPCA followed all procedures dictated by Minn. stat. S115A.096, Bubd. 2 (1988) and rules promulqated thereunder to obtain access to the Andover Tire Dump., [Conclusion 4]. ., , . . .. 20.,:: That the order issued by the Court February 9, 1989, ,~ . authorized the MPCA to enter the Andover Tire Oump to remove and process the waste tires located there. 21. That pursuant to a Oeclaration of EmerCJency siqned by the Commissioner.of th~ ~CA, o~ Feb~uary 9, 1989 ~nder Minn. stat. 5115B.17, subd. 1 (b) (198B), the MPCA took actions to mitiqate the release of hazardous substances caused by the fire at the Andover Tire Dump. 22. That the Andover Tire Dump is a "facility" within the meaninCJ of Minn. Stat. 5115B.02, subd. 5 (1988). 4 P.107 JAN-~e-90 THU 13:00 ~ , "1 . , , ,-) ;..';; '-;::';':<.,- -'. . ~'''< 23. That the substances released from the Andover Tire Dump were "pollutants or contaminants" or,""hazardous substances" as defined under Minn. stat. S11SS.02, suDd. 8 (1988). 24. That under Minn. stat. S115B.03 (1988) the defendants are "responsible persons" because they were operators of the Andover Tire Dump at the time the rel~ase occurred. 25. That the MPCA has certified its costs pursuant to Minn. stat. Sl15A.906, sued. 3 (1988) and Minn. Stat. S115B.17, subd. 6 ... .. ...-..- . . ...-" -.. ,.., (198B). 26. That the MPCA expended $67,323.63 to remove and process the waste tires located at the Andover Tire Dump, includinq leqal e)Cpenses. 27. That the MPCA expended $115,008.79 to extinguish the fire and to determine if any further action needed to be taken to addrea~~nY threats to human health and the environment created " ~' . , .,. by the,:wa:ste tire fire. ... 2B.~ That the city of Andover and other local qovernmental units expended $9,100 to fiqht the fire. 29. That the defendants did not appeal either the December 23, 1988 order.of the February 9, 1989 order. CONCLUSIONS 1. That no qenuine issue of material fact exists with reqard to the claims $et forth in the plaintiffs' amended Complaint, and the plaintiffs are entitled to judqrnent as a matter of law. Minn. R. Civ. P. 56. 5 JAN-18-90 THU . 13:00 P.12I8 :.::"~". iii' ;:..:-..... .' ,-;. - .,... ... .,._'.,'.... I.'" ) 2. That all facts material to the plaintiffs' requests for relief have been established in prior proceedinqs, or by affidavits submitted in support of the summary judgment motion. ~ Ernst v. Ernst, 2B7 Minn. 490, 178 N.W.2d 907 (1970);Rand v. ~uutti, 423 N.W.2d 715 (Minn. ct. Apps. 198B). 3. That because the defendants submitted nO evidence indicatinq that the costs incurred by the MPCA were not reasor.-\ble or necessary, the MPCA is entitled to a findinq that the costs were reasonable and necessary under Minn. stat. S115A.90G, subd. 3 and Minn. Stat. 5115B.17, subd. 6 (1988). 4. That the defendants are strictly liable, jointly and severally, for the costs incurred by the MPCA and local governmental units in respondinq to the fire at the Andover Tire Dump under Minn. Stat. 51158.04 (1988). .... .~". '. ' _". 0.,., .. "..4..' . 5'. 't- That because Waste Recycling was not incompliance with .'. ~' . I . .. the te~~ and,conditions of the stipulation aqr~ement, it had no right to:payment under the stipulation agreement and the counterolaims filed by Tonson and Waste RecyclinCJ against the MPCA should be dismissed. '\." ',. ORDER It is hereby ordered that: 1. Plaintiff shall have judgment against defendant in the amount of $61,323.63 to reimburse the MPCA for the costs it incurred in removinq and processing the waste tires located at the Andover Tire Dump. ,~ 6 JAN-18~90 THU 13:01 . " '\ o " ., 's ~ :J P.09 ..." ...' .","; ... 2. plaintiffs shall have judgment aqainst defendant in the amount of $115,008.79 to reimburse the MPCA for the costs it incurred in respondinq to the fire at the Andover Tire Dump. 3. plaintiffs shall have judqment aqainst defendant in the amount of $9,100 to the city of Andover for the costs incurred by the city of Andover and other local governmental units in respondinCJ to the fire at the Andover Tire Dump. The city of Andover shall ensure that the funds are distributed as needed to - reimburse costs to the other local qovernmental units. 4. The counterclaims filed by Waste Recycling and Tonson are dismissed with prejudice. s. The defendants shall be liable for any future costs incurred by the MPCA to investigate or respond to contamination arisinq from the Andover Tire Dump fire or related to the . processing and removal of waste tires from the Andover Tire Dump . :. . , " after the MPCA has established that the costs-were reasonable and necessary through appropriate procedures or proceedinCJs. Dated: ~~ N, I. f() I _ 7 .. United States Environmental Protection Agency Region 5 Office of Public Affairs 230 South Dearborn Street Chicago, Illinois 60604 Illinois, Indiana. Michigan. Minnesota. Ohio. Wisconsin i~~EPA '-J FACT SHEET 10 Co c.. 2/ t;,/ 10 TAG NEWS YOU CAN USE If you belong to a group of concerned citizens being affected by a Superfund site in your conmunity, the EPA has something very nice for you-ITOney! It's a tec:hnical assistance grant (TAG) of up to. $50,000! . TAG? WHAT'S ':!EAT, BESIDES A GNo1E? A game it is not. TAG is serious rroney. It is, in fact, an actual govemnent grant established in March 1988 that helps your group hire a tec:hnical advisor to interpret the techniCal data that evolves fran EPA investigations of toxic sites. 'lhe chosen advisor/consultant can also sit in on town meetings, to explain information and act as your eyes and ears. Your group can then become rrore involved in the site'S cleanup decisions and know what's going on. AND HCW MIKE M:NEY CAN WE APPLY FOR? 'lhe EPA can provide up to $50,000 of the total project costs to your group. Only one grant is awarded per site. so, WHAT'S 'lEE CATa1? Well, there are qualifications, but it's no big deal. Just look: 1. Your group nust be affected by the release or threatened release of hazardous waste at any site that is on, or propJsed for, EPA's NatiOnal Priorities List. 2. Your group needs to be :incorpJrated as a non-profit organization for the pJIpJse of administering the grant. Municipalities, pJtentially respJnsible parties and educational institutions are ineligible. DJESN'T SOUND 'IOO BMl, ANY'IHIN3 ELSE? As previOUSly mentioned, there's up to $50,000 available per site, which would be 65% of the total costs. 'lhe 35% balance nust come fran your group. This may be in the fom of cash (donations, fund raisers etc.) or in-kind contributions like attorneys, bookkeepers, secretaries donating their time; landlords, their office space or a Combillation of cash and "in-kinds". And, of course, your group will be required to fill out an aI;Plication, but. EPA will help you every step of the way. , \ oJ f SO, HCW IO WE APPLY? : ) '-- 1. 'Ihe first step is to get organized. Fom a group consisting of people who are affected or p::ltentially affected by a SUperfund site in the conmmi ty, either from a health, economic or environmental-enjoyment p::lint of view. 'Ihe rrore people, the merrier. EPA wants lots of citizen involvement and inforrration-sharing. 'Ihen work on becoming incorpJrated (this expense may be passed off as a pre-award cost). 2. send EPA a Letter of Intent. 'lhis would be a short note stating your group's desire to apply for a TAG and identifying the site(s) in which you are interested. 3. EPA will DID an ad in your local n8WSpaI:€r ann01.IDcing your group's interest in a TAG. Other groups then have 30 days to fom a coalition with yours or send EPA their own Letter of Intent. 4. After this 30-day wait, if another group joins yours, you can work together on requirements and fill out one application. Otherwise, we'll work strictly with your group. Meanwhile, start familiarizing yourselves with the Citizen'S Guidance Manual which describes the TAG program thoroughly and includes application fonns. WHERE IO WE GEl' TfITS CITIZEN'S ~ MANUAL? 'Ihere should be one in EPA's SUperfund inforrration rep::lsitory (usually found in a library or rmmicipal building) or write to us for location. AND HCW IO WE KN:W WHAT KIND OF T.EX:HN.ICAL ADVISOR WE NEED? You have a wide choice: toxiCOlogist, hydrOlogist, chemist, etc. 'Ihe EPA project manager will work with you on options. WHERE IO WE FIND mE? Local colleges, research facilities, hospitals are good places to check out. WHO'S OUR. CCNrACl' AT EPA.? Nancy Koop, TAG Outreach Coordinator u. S. Environmental Protection Agency, Region 5 Office of Public Affairs, SW 14th Floor 230 South Dearborn Street Chicago, Illinois 60604 Toll-free 800 572-2515 (Illinois) 800 621-8431 (Indiana, Michigan, Minnesota, Ohio, Wisconsin) Private line: 312 886-1660 " -/ IOESN'T IT MAKE SENSE...AND lXlLL'\RS 'IO GEAR-UP FOR A TAG 'IOIlAY? Co P 'I : ::rES- e ..0. ;<1 {,. ,,' E C E ~,j t ..- Hr:;~~';~U o 3754 161st Avenue NW Andover, ~1N 55304 January 22, 1990 CITY OF ANDOVER Andover City Offices 1685 Crosstown Boulevard Andover, MN 55304 Dear Jay, As a member of the Andover community, if not its Planning and ~oning Commission, I still take an active interest in my environment and its development. I'm sure you're aware of how automobile traffic has doubled over the past couple of years on Hound Lake Boulevard from CountyuRoad 20 south all the way to Main street. It's really rather incredible. And I'm sure you're aware, as City Planner for Andover, of many changes, additions, and reroutings planned for future development, perhaps already in the works, for both Andover and Coon Rapids. But with the creation of River Crossing and River Dale, I forsee a problem that might easily be addressed. The problem being an increase in foot and bicycle traffic along Round Lake Boulevard, of kids headed for the Mall to hang out, shop, and work. I cringe every time I see a twelve-year-old biking down to Tom Thumb or to the video games at Downtown Center after school or on Saturdays. It's only a matter of time before one is hit or run off the road. This bike traffic can only increase with the addition of a major shopping mall with all the trappings. Why not consider a mini bus shuttle, at selected peak times (eg. 4:00 PM daily or certain times on Saturdays) from, say, 178th on Hound Lake and south to the Shopping Center and back? Maybe a service from Anoka High School to the Downtown Center, to the Mall, etc. Keep it in mind. It's cost may outway it's usefullness, but in the interests of safety and entertainment for out youngsters, I think it warrants some study. ,,) TKDA lOLTZ. KING. DUVALl. ANDERSON AND ASSOCIATES, INCORPORATED '-ENGINEERS ARCHITECTS PLANNERS 2500 M.1ERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 612/2924400 FAX 612J2g2-00B3 January 17, 1990 Re: Council Minutes Andover, Minnesota Conunission No, 9140-990 -----.--... li..\1 1;- f' t:' ~ 't,d 1;;" ~l1. ! -Lil ~ ~-:.: l~;<= ~!I r:"::3 fi in, '--~-'''-''-''~-''.'-'-''-I.j (; U ~i!\f',.1 2 2 1990 pUJ CITY OF ANDOVER Honorable Mayor & City Council Anduver, Minnesota Dear Mayor & Council: The following are engineering matters discussed at the regularly scheduled Andover City Council meeting held on Tuesday, January 16, 1990, 1. 88-1 Crosstown Blvd.!Continued Assessment Hearing The public hearing was continued from Wednesday, January 10, 1990, TIlree options were presented: Option 1: Original proposal, combined with Project 87-3B ($1,340,13/AC) Option 2: "Stand Alone" option. without Project 87-3B ($2,064,78/AC) Option 3: Amount proposed in 1988 City Letter ($100/Lot) The City Attorney felt that the City was legally bound to assess the project at $100/lot, since a hearing was held where this amount was given as an amount not to exceed. The Council questioned where the funds would come from to cover the balance Mr. Hawkins stated that if funds were not cUlTently available, an ad valorem tax may be required, Council Action The Council approved Option 3, and requested that the City Staff explore funding options, 2. 90-3 Kensington Estates 5th Ad<lition The City Council approved the final plat, ordered and accepted the feasibility rep01i, and ordered plans and specifications for the above referenced project, 3, Approve Compliance Agreemenlfi',1n, Dept, of Health The Council reviewed shallow wells, well quality and possible solutions, " .J Council Action The Council approved the compliance agreement. '\ <) '1 J The Council meeting was aujoumed at approximately 10:30 p.m, IPR/sr .' /) ~.,.".,.r,..~,."".."'c:C::>:~~:'li'..\., I' 1 '. \~..L J/ '~:::-;!:;::-:r'c<;(/" CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 January 26, 1990 Jerry Green, Treasurer Hills, Inc. 854 East River Road Anoka, MN 55303 Re: Hills of Bunker Lake Dear Mr. Green: The City of Andover is concerned over items that have not been completed or addressed. 1. On May 18, 1988 the City sent your firm a m~n~ng permit for your project. In the permit, requirements were indicated (see attached) in items 1-5. It is the City's position that your firm is in violation of the permit. Item 1 states "safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders, snowmobilers, etc." The existing temporary stockpile/berm along Bunker Lake Boulevard is a hazard due to the very steep slopes and drop-offs. The City has, in the past, contacted Tony Emmerich and yourself regarding this issue. This situation shall be corrected immediately. Failure to correct the situation by February 23, 1990 will result in the City correcting the problem. Any correction work performed by the City will be invoiced to the developer. Also, prior to any material being removed from the site will require the renewal of the mining permit which expired May 18, 1989. 2. On August 30, 1988 the City sent a letter regarding updating the grading plan and preliminary plat for the Hills of Bunker Lake. To date, the City has not received these documents (per the City Council motion (see attached City Council minutes). Also, in addition to any changes to the plat, the finished proposed grade of all ponds shall be shown. There is also a concern from the City that the ponds have not been completed. As you are aware, the storm sewer inlets and outlets have been designed based on your intentions of excavating the ponds. The ponds have not been completed to the City of Andover's satisfaction. Due to ponds not being completed, the storm sewer outlets have caused serious flooding on City streets at the catch basin locations. It is your responsibility to complete these , ~ items by March 30, 1990. Failure to complete these items ,~ will result in further action by the City Council, :) , '\ ,~ Page Two January 26, 1990 Jerry Green 3. Again on February 21, 1989 the City sent a other items that have not been addressed. responsibility to respond to correct these 1990. letter regarding It is your items by March 30, Sincerely, If you have any questions, feel free to contact me at 755-5100. CITY OF ANDOVER 1H41 I ~ Todd J. Haas Assistant City Engineer cc: William Hawkins; City Attorney Tony Emmerich, Vice president; Hills, Inc. John Davidson; TKDA Engineer Mayor and City Council Frank stone; Andover Public Works Lynn Caswell; John Oliver and Associates TJH:kmt CERTIFIED MAIL iP 911 813 482 . ~. I /) ..1'fA"".............,...,."'.'.......... '-_ I ~\ r1 -I '\'l !,. .... .(.' .~~..,)o:-:.,.....:"'.. .,::.-l' t ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w, . ANDOVER, MINNESOTA 55304' (612) 755-5100 May 18, 1988 Hills, Inc. 854 East River Road Anoka, MN 55303 Attention: Jerry Green, Developer Re: Hills of Bunker Lake Mining Permit Dear Mr. Green: The city of Andover is responding in regards to the excess material from the project. To be able to remove soil offsite a mining permit needs to be obtained from the city of Andover. Attached is the permit. No fees are necessary for the permit because there is an approved grading plan. The mining permit restrictions are as follows: 1. Safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders, snowmobilers, etc. . 2. Signs be placed on both sides of Bunker Lake Boulevard near the entrance indicating trucks hauling. 3. Restoration of the site is required. 4. watering of the mining area and access road to control dust as necessary. 5. Truck hauling is allowed between the hours of 7:00 A.M. to 8:00 P.M., Monday through Friday. High traffic volume times on Bunker Lake Boulevard should be avoided. If you have any questions, feel free to contact me at 755-5100. CITY OF ANDOVER '\ ,-~ -t~ ./~ Todd J. Haas Assistant Engineer TJH:kmt ~) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Permit 1I MINING PERMIT PERMIT APPLICATION 1I HLl~_:, 0:': 12...111):2:::- LaJ~':: Pl.:i'C F,:.18 ISSUED TO: Je~ry G~een LOCATION: ~;:i.lL; of ,.jl:.n,~:::::: L.:t;:(~ PURPOSE: f.~:_ni!1q Soil " At their meeting on , the City Council of the City of Andover reviewed your permit application and the recommendation of the .Cit:y Engineer together with t.~e following exhibi ts: MAPS -. :'::ee 11 ~,.~C; (;; ,3U;L:',,::' .L,:';:.~ l_:'~<:L,:_,:g l'J,<:la They found the project as planned to be in accordance with the Rules, Regulations and Guidelines of the City and therefore approved the permit as requested, with the following stipulations: SEE RE.SP,L.J.J:r::W.N.: j,1"1';,(;;lE0 LE'::.':!.':::;R A followup inspection will be conducted at the project site to assure compliance with all agreements, terms and/or stipulations to this Permit. Failure to comply with the foregoing may result in recision of the Permit. This document is not transferrable, and is valid for one (1) year after the date of issuance. No construction is authorized beyond the expiration date. If Permittee requires more time to complete construction, a renewal of the Permit will be necessary. please contact us at 755-5100 when the project is about to commence so an inspector may view the work in progress. ;' Date of Expiration: i :d. '."M 1. ~~. . . i.. .:,-j I~) ./ Ci h ,~--l;" i i. f ( /\. '__ V _._, , '//~-t.? -z; ~/d-V'i l"I./;W:r- /James E. Schrantz .-,,---- / City Engineer Date of Issue: l!2V 1:3 r 19lJl1 , ) '\ '-~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304. (612) 755-5100 August 30, 1988 Jerry Green 854 East River Road Anoka, MN 55303 Re: Hills of Bunker Lake Grading Plan Dear Mr. Green: The City of Andover 'has not received an updated grading plan for the preliminary plat for Hills of Bunker Lake. This is to be submitted to the City of Andover. The request for the amended grading plan was due last January 5, 1988 at the City Council meeting. Sincerely, CITY OF ANDOVER I~ I !I-acUJ-- Todd J. Haas Assistant City Engineer TJH:kmt ; ,.J ~.J CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE January 5,1988 AGENDA SECTION NQ Discussion Item ORIGINATING DEPARTMENT Engineering .-(1 ~ APPR.9VVJjEQ- FOR AGEN\ ~ .\ ( , BY: / ' ,/ Sc ITEM Hills of Bunker Lake NO. Revised Grading Plan , . BY: Todd J. Haas The City Council is requested to approve the proposed pond of Phase III of the Hills of Bunker Lake. Attached is a drawing showing the proposed excavation of the pond. Part of the excavation would include a portion of the park and would be utilized as a skating rink facility. Marc McMullen, Park Board Chairman, will be at the meeting to answer any questions. The drawing is a concept plan. be submitted to the City. A revised grading plan will need to The developers are responsible for obtaining the necessary permits from the DNR, Corps of Engineers or any other agency which may be interested 1n the wetland. . 'to:. ,", . COUNCIL ACTION '\_---'" MOTION BY TO SECOND BY .~ '. ~~) Regula~ City CouncIl MeetIng Janua~y 5, 1988 - MInutes Page 5 (Old Colony Estates Sketch Plan, ContInued) .... The CouncIl p~efe~~ed to stay wIth the GO-foot ~Ight of way standa~d on the st~eet, though they we~e not opposed to a me~Idlan at the ent~ance If the develope~ so chooses. Council noted the~e is no plan fo~ a park system along the no~thern sIde of Coon Creek and that the Pa~k and Recreation CommIssIon will add~ess the pa~k issue. The develope~ was advised to proceed to the Planning CommIssion and Pa~k and Rec~eatlon CommIssIon. SENATOR GREG DAHL Senator Dahl add~essed the Council reviewing legislation he autho~ed In the last LegIslative session and some of the bills he Is wo~klng on for the upcoming session. The new bills include a lemon used-ca~ law, authority for the Metropoiitan Mosquito Control to cover the entire seven-county area, a safe cigarette bill, and an oak wilt pilot p~og~am ~o cont~ol oak wilt. Mayo~ Windschitl asked Senator Dahl to consider othe~ a~eas of concern ~ to Andove~ including the escalation formula for housing valuations which adversely affects Andover ~esidents, halting landfill sitings until a demonstrated need is made, requi~ing EIS/s be completed on all proposed landfill sites before a final selection is made, and prohibiting the placement of landfills in any regional pa~k. Senato~ Dahl asked to be p~ovided more information on the valuation formula for his consideration. He was also in agreement with the Council that a landfill should not be placed in the Bunke~ Lake Hills pa~k. Two othe~ areas briefly discussed were getting g~eate~ allocation of State Highway funding to the northern tier and watershed law in the seven-county met~opolitan a~ea. Ii HILLS -'OF'BUNKER"r.-AXE "REV fSED'~GRA'Dli,iG"PLA'N ':J ~., . .... . _. -.....-.. -' Ma~c McMullen, Pa~k Boa~d_Chairman, stated in poliing the members the~e generally was no problem with the proposed ~evision of the grading plan, though a concern was ~aised rega~ding the City/s liability of a deep pond on City prope~ty. .) - Tony Emmerich and Jerry Green, the develope~s, stated the intent is to run the lot lines to the mIddle of the pond, though a portion of the pond will be in the City pa~k. They understood the pond must be at least four feet deep in o~de~ to eliminate algae and weeds. TheI~ fi~st pond was fIve feet deep, M~. Sch~antz stated the wate~shed Is ~ecammending a minimum af a six-foot depth. ' " ~, \ ". .0 Regula. City Council Meeting Janua~y 5, 1988 - MInutes Page 6 (HIlls of Bunke. Lake Revised G.adlng Plan, Continued) ,. I Council ag.eed to the excavatIon of the pond but wanted the a.ea on CIty p.ope.ty sloped fo. safety. MOTION by O.ttel, Seconded by Apel, that the CouncIl app.ove the amendment of the g.adlng plan In the HIlls of Bunke. Lake to comply wIth the sketch p.ovIded the CIty on 1-5-88, and that any const.uctlon be completed wIth the p.Io. app.oval and on-slt~ InspectIons of the City engInee. and staff. MotIon ca~.led unanImously. HILLS OF BUNKER LAKE PLAT EXTENSION It was noted an extension Is not .equl.ed though the plat would then be subject to any o.dInance change made befo.e It Is fInalIzed. M.. G.een asked fo. a fo.mal extension. MOTION by O.ttel, Seconded by Knight, that we app.ove a Six-month extension of the p~elimina~y plat of Hills of Bunke. Lake fo. 180 days f~om its expl~ation date of Janua~y, 1988.' Motion can"ied unanimously. WINSLOW HILLS FINAL PLAT It was noted the pa~k dedication flgu~e in the p~epa~ed ~esolution Is lnco..ect. M.. Sch.antz ~ecalculated the amount, noting it should be $125/ac.e times 32.4 acr-es, fo~ a total of $4,315. . M~. Haas thought the deeds fo~ dr-ainage would be addr-essed with the feasibility stUdy of Winslow Hills. M.. Rodeber-g explained the develope~s ar-e conce~ned with the size of the dr-alnage easement shown. He has pr-oposed the pondlng a~ea Include the fi~st phase of the development plus the a~ea needed for- futur-e development to ensur-e the pr-ope. ac.eages would be available for- dr-alnage. In thIs case the ' easement is outside of the plat being appr-oved. Mr-. Holasek has pr-oposed a sma I Ie.. ar-ea. M.. Davidson explained the exact ar-ea needed will not be known until the fInal design for- the stor-m d.alnage system is completed. Gar-y Go~ham, the developer-, stated the pr-oposed ar-ea to be deeded Is over-sized for- what they need In Phase I of the development. If necessar-y, they would not object to deepening the initial pondlng ar-ea fo. this flr-st phase. He explained the easement ar-ea is r-eally two ponds with a r-idge between. The easte~ly po~tion is wIthin 50 feet of Mr-. Holasek's building and Is 1 1/2 feet higher- than the ~loor- of ") that building. '"-_./ , "COON CREEK WATERSHED ,-.J Bunker Hills Activities Center 550 NW Bunker Lake Blvd. Anoka, Minnesota 55304 May 26, 1988 Todd Haas City of Andover 1685 Crosstown Blvd., NW Anoka, MN 55303 RE: Hills of Bunker Lake Dear Todd, Last Monday I inspected Hills of Bunker Lake. I noticed sand in the gutters and adjacent to catch basins. There also appears to be large areas with little, or no, topsoil or erosion control. The terms of the Coon Creek Watershed District permit issued to the City (copy enclosed) require erosion control until permanent vegetation is established, Please look into this as soon as possible. Yours truly, ~~ Edward A, Matthiesen, P,E, EAM:ed Enclosure cc: Mel Schulte Al Sannerud Ken Slyzuk 'I , / May . c: ..."', 1987 RECEIVED MAY 1 8 :j COON CREEK WATERSHED DISTRICT Bunker Hills Activities Center 550 NW Bunker Lake Blvd. Anoka, Minnesota 55304 City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Permit application for City Project 87-2, Hills of 3unk:r Lak-:: Your p~rmi~ applica~ion was approved at ~he May 11, 1987 Coon Cr~ek Water~h:d Dis~rict Board Meeting. ~rosion control measur:s mU5~ be tak~n during cons~ruc~ion.and until perma~en~ vegeta~ion lS ~sta=:ished. I: you have any questions, please call the Coon Creek Watershed District e~gineer, Israelson, Reese, Ellingson, & Associates, at 944-0672 . 5' . l:J~ .1>... M. ;:ann€:_ ud T'\' . . , ;.JlS"!jr:c~ Ac.minis-tra..bcr AMS:mn cc: }-1el Sc~u':'"be 3:d Matthiesen i ,-) h'l~ ".' ~J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304. (612) 755-5100 February 21, 1989 Jerry Green, Treasurer Hills, Inc. 854 East River Road Anoka, MN 55303 Re: Hills of Bunker Lake Subdivision Dear Mr, Green: The City of Andover is concerned about a number of items that have not been submitted or addressed by your corporation. 1. An amended updated grading plan and preliminary plat has not been submitted to the City as required by the city ordinances. 2. The grading plan that has been submitted to the city was not reviewed by your engineer. A professional engineer registered by the State of Minnesota shall approve the grading plan that is to be submitted to the City, 3. The pond that has been constructed in the Park property (property surrounded by Block 7 of Hills of Bunker Lake 1st Addition) appears not to be excavated or graded according to the grading plan submitted to the City. Existing storm sewer drainage at the north end of the pond area is lower than the bottom of the excavation which has caused the storm sewer not to drain properly. 4. No material of any kind shall be buried or left on site as this would be a violation of the Zoning Ordinance #8 under Section 7.04 - Landfill. 5. The development appears to be in violation of the permit that was issued by the Coon Creek watershed District in regard to erosion control. SEE attached letter. ) 'J ~J Page Two February 21, 1989 Jerry Green 6. Any areas, including boulevards, in the Hills of Bunker Lake 1st, 2nd and 3rd Additions that have been disturbed by construction shall be graded according to the grading plan and seeded with a MNDOT specification seed mix of Number 900 which will be in need of mulch but not of any topsoil at this time. Also, the Development Contract between the City and Developers does indicate that the Contractor would make improvements to the boulevards (topsoil, mulching and seeding). Per your request, you have verbally told the City and TKDA Consultants the developers would do this to save yourselves money. 7. After completion of the grading of the 1st, 2nd and 3rd Additions, you~ engineer shall review the site and submit a letter to the City indicating the development has been graded according to the grading plan approved by the City. It is the City'S opinion the boulevards and other areas disturbed by construction in the 1st and 2nd Additions have not been completed. These items are required to be completed by June 15, 1989. If you have any questions, feel f~ee to contact me at 755-5100, Sincerely, City of Andover ~~/~ Todd J. Haas Assistant City Engineer P.E. cc: Jim Schrantz, Andover City Engineer Ed Matthiesen, CCWD Engineer, Hickock & Associates Tony Emmerich, Vice President, Hills, Inc. Frank Stone, Andover Public Works , "- I .~ " . '" . ' .~,:,. ~f:;J- T-P '. Mr, Jerry Green 854 E, River Road Anoka, MN 55303 -'. '" [' ;:;dk.n- tZ-;,'. ... ., f_ ~~4...~':,:'~:I'\,.:-,",4of ~c.h,_-:- _.,A-~\. :-,.. \1 .. " \"., .J)" . ;~"'< f'.--h.- S f><J ' , f ''''''', ' ." ,.~,. - COON CREEK 'WATERSHED DISTRICT ~)Bunker Hills Activities Center 550 NW Bunker Lake Blvd. Anoka, Ivlinnesota 55304 September 13, 1988 RE: Hills of Bunker Lake - 1st and 2nd Additions Dear Mr. Green: During an inspection in the watershed district on September 1st, I noticed- that turf is not established on a large portion of the development. Dirt is washing across the boulevards and into the storm sewers. Your permit, from this district, states that erosion protection around the catch basins is required until turf is established. Action must be taken to correct this situation immediately. The boulevards should have black dirt placed and be sodded before the end of the construction season to prevent further problems. If you have any questions, please call. S/7eIY; ) ~ , ' bk/ ~~k~ David W. Filipiak . Engineer DWF:ed cc: Mel Schulte Al Sannerud Todd Haas, City of Andover ; . \ ,~ ~ REPORT OF OlJTSTM:DII~G ll;IJEIlTEV: J:.SS I , I i , At December 31, 19~ Anoka County, Minncsota To: TI1C County Auditor of ,~~,FrOlU: o City of Andover (Reporting Governmental Unit) :0 Clft G,;r,..' I Fe-h t;., Jc('?, ,I::, BONDED INDEBTEDNESS OUTSTANDING - All Bonds Issued and Paid 1. 2. 3. 4. 5. Bonds outstan~ing Jan. I, 19~ . Issued during 19~ . . . . . . . . . Total. . . . . . . . . . . . . ..... Paid during 19 ~ . . . . . . . . . . . . Bonds outstanding Dec. 31, 19~ *Inc1ude af1 bonded debt in these except refunded bonds, which are defeased, and Industrial Revenue . . . . figures considered bonds. Type of Bond 7. General Obligation - Property Tax Supported. . . $ 8. General Obligation - Redevelopment (Tax 'Increment) 9. General Obligation - R~venue Supported. .,. . . 10. General Obligation-Special Assessment Supported . 11. Revenue . . . . . . . . . . . . . . . . . . . . . 12. Refund':' g (Identify by type of bond - G.O., - Revenue, etc.) ~p,~c~a.l .As.s~s~m.en.t. 13. Speci Assessment ............... 14. athe: ,Identify) . C~r.t i.f~c.~t~s. o.f .IlJd~b.te.d1Je~s 15. Bonds Outstanding Dec. 31, 19~ . . . . . . . . $ 16. STATE AID AND TAX ANTICIPATION CERTIFICATES OUTSTANDING DEC. 31, 19___ . . . . . .. $ 17. OTHER SHORT TERM INDEBTEDNESS (Identify) $ 18. INDUSTRIAL REVENUE BONDS OUTST&~DING Dec. 31, 19___ (Identify) '$ DEBT SERVICE FUNDS 19. Title 20. ~ Arnount* $ 26,872,100 3,310,000 _30,182,100 I, 191,700 . $ 28.CJ90,400 " -0- 1,270,000 710,000 24.183.400 -0- 2,557.000 270.000 28,990,400 G.O. Bonds of 1973 Tax Increment Financing State Aid Bonds G. O. Imorovement Bonds(1976-1989) Certificate of Indebtedness G.O. - Property Tax Supported G.O. - Redevelopment(Tax Increment) G.O. - Revenue Supported G.O. - Special Assessment Supp. Certificate of Indebtedness $ ~22. Escrow Account Balance , ~ 6. Ref(nded Bonds it any) $ $ 21. Un.aydj t e d Fund Bil. lance ,.. ~ Dec. 31, 19 89 $ 103,678 ---- 414,178 13.940 10,071,151 -0- I do hereby certify that this statement is correct. /i ' L/ ;) j 23. ,~(. it1d ncoXC/( P" 1 A . ff' 24 lCf!t. _ _ r~nc~p.'l ccount~ng 0 .~cer . T"nll"ry 30, ]990 Date Finance Director ( See instructions on reverse side of this form) ,-r /0 C.,C 2.. t. 16 -, //1 (> :J LOWER RUM RIVER WATER MANAGEMENT ANDOVER ANOKA COON RAPIDS 2015 1st Ave. Anoka MN ... ORGANIZATION RAMSEY 55303 M E M 0 RAN DUM TO: Lower Rum River WMO Member City Councils FROM: Jim Schrantz, Chai,rman Ox! -{ e January 19, 1990 DATE: SUBJECT: Joint meeting to discuss water quality management guidelines and the level of review At our January 17, 1990, regular meeting, the Lower Rum River WMO set the joint meeting for the member City Councils to discuss the water, quality management guidelines and the controversial level of review issue for Wednesday, February 21, 1990, at 7 :00 p.m. An information packet will be pro- vided prior to the meeting. The City of Anoka will host the meeting in the Community Room of Anoka City Hall, lower level. We hope that you will make every effort to attend in that the decisions arrived at will definitely affect your community to a great extent. We look forward to this joint gathering. '. \ ,~ .JAN-31-90 WED 15:~7 ~ ~'\ '-.l , i /' t"""'" . 1::,.1 J. L.AW OFfICtS O~ 7'c. c c- , 0/PD }JUfke altd Jlawl<.ill$ 6UlTt 101 200 COON R"'P1DS IJOUL(V...RO COON MI'IOS. MINNESOTA ~~~33 PHONE 11l1217e....2gge JOHN 101, SURKE WILLI...M G, HAWKINS January 31, 1990 Mr. Richard J. Sundberg Attorney at Law 122-123 West Parkdale Plaza 1660 South Highway 100 Minneapolis, MN 55416 Re: State of Minnesota, City of Andover, et al. V, Milton J. LaPanta, et al. Dear Mr. Sundberg: I am writing on behalf of the plaintiffs concerning the judgment which was entered in our favor in regard to the above referenced matter. I am writing to demand payment of these sums within seven (7) days from the date hereof, If you do not intend to make payment as ordered thereunder or intend to appeal I would appreciate a response immediately. In absence of any payment to the plaintiffs, it is our intent to schedul~ depositions to determine the nature and extent of the assets of the defendants against whom judgment has been entered. Sincerely, William G. Hawkins WGB:mk cc: Ms. Ann E. Cohen Mr. James E. Schrantz , 0: : (047/(' ( Clf3S . 8M:1 flau../cl/\S ,J METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St, Paul, MN, 55101 612291-6359 ; ,'.'..:. f~:;-o';,~.." . l~ . t. t' ....., ,.: ,..... .-.. 0'0 " .. i" /; 11/1 i!>o . '.- ,..N, ~ lW r.,. , t r;~~;;7U ~-----. CITY OI:" ANDOVER January 25, 1990 Ms, Karla R. Wahl 4717 IDS Center 80 South Eighth Street Minneapolis MN 55402 Dear Ms. Wahl: In a letter to you dated December 15, 1989, I indicated that staff of the Council were revicwing your request that the Council reconsider its action in the matter of Andover's request for a comprehensive plan amendment to extend the MUSA Iinc to include the Hay property. You requested that the Council reconsider its requiremcnt that the city of Andover comply with ,rural density policies of the Metropolitan Council as a condition for resubmission of its plan ' amendment. After reviewing the Council's past actions on plan amendmcnts of this nature, staff has recommended that the Council not reconsider its action. The Council has applied similar conditions for similar plan amendments. To reverse its actions for one community could seriously undermine the Council's credibility with other communities which have complied wilh the Council's rural density policies. Pursuant to the Council's authority under the Metropolitan Land Use Planning Act, Minn, Slat. Sec, 473,851-473-872, the Council reviews and approves or disapproves many plan amcndmcnts, including many amendments to the MUSA line, each year. The Council deals with these on an individual basis while applying consistent standards for review. These standards, policies and procedures are contained in the main policy document that guides Council actions: thc Metropolitan Development and Investment Framework. The criteria for MUSA expansion amendments are described on pages 54-57 of this document (pages enclosed). MUSA change amendment requests generally fall into three categories: 1) Those in which a community can demonstrate a regional need based on supply and demand. In these types of MUSA expansion requests, the Council compares its population and household forecasts with a community's available land supply. H the Council determines that additional land is justified to meet future demand, the amendment is approved. ~ 2) Those in which a community proposes a land trade, In these types of MUSA changes, a community may not be able to demonstrate a regional need for additional land. Instead it may propose a trade in which the community deletes some land from the MUSA in place of the land areas traded. If the Council agrees, the land tradc is approved. , '\ .~-) 3) Those in which a community proposes incremental changes without any demonstratioll of regional need. Under these types of MUSA amendments, a number of additional criteria are considered, which are not applied in the other two categories. These conditions are; a) The local government's rural area densities are consistent with Council policy; b) Local timing and staging corresponds to allocated usage rather than design capacity; c) The local government has an up-to-date comprehensive sewer plan, including on-site sewer management; and d) The local government has assessment practices that limit creation of vested development rights. The amendment submitted by Andover falls into this category, which is why the Council placed the condition on the plan amendment. I hope this letter addresses the issues raised in your letters dated December 6 and 7, 1989. If after having studied this information you have further questions, don't hesitate to call Anne Hurlburt (291-6501) or Richard Thompson (291-6457) in our comprehensive planning division or Brian Ohm (291-6638) in our legal department. Sincerely, ~.~ /L-{}- Steve Keefe, Chair Metropolitan Council -'., cc. Anne Hurlburt Richard Thompson Brian Ohm Jay Blake .. -_./' _~ ~('.(.fjj~..~ h1'\", , c".'... .. ."(,, ',.T~.""'"'''''7'''''' . 7:30 PM "- I J CITY of ANDOVER Regular C~ty Counc~l Meeting-February 6, 1990 Call to Order Resident Forum Agenda Approval Approval of Minutes Senator Greg Dahl Discussion Items 1. Continued Assessment Hearing/87-3B 2. Public Hearing/89-25/Moore's Estates 3. Lund's Evergreen Estates Building Permits 4. Declare Adequacy of Petition/Hidden Creek East 3rd 5. Coon Rapids/Andover Joint Powers Agreement/Site Q 6. Home & Business Alarm Ordinance 7. Accept Feasibility Reports/Order Public Hearings/ 89-19; 89-26; 89-27 8. Ordinance 44 Amendment Staff, Committee, Commission 9. TIF Procedures 10. Recycling Joint Powers Agreement 11. CDBG Discussion 12. Approve Sewer User Rates 13. Approve Fire Department Election Results 14. Day Rescue Request 15. Fire Department Equipment Repair 16. Reduction of Special Assessments/Forfeit Parcel 17. Establish Permanent Improvement Revolving Fund Non-Discussion Items 18. Approve Resolution/Establishing Permit Fees 19. Release Escrow/Red Oaks Manor 5th Addition 20. Approve Water & Sewer Budgets 21. Accept 157th Lane N.W. 22. Approve Resolution/88-1/Crosstown Storm Drain 23, Approve Change Order/Tower #2 Approval of Claims Adjournment ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ti'~"hT'E'ry r:.. I 1000 Administration APPROVED FOR AGENDA By,9a AGENDA SECTION NO, ORIGINATING DEPARTMENT ITEM NO, Approval of Minutes \\. BY' V' k' \ . ~c ~ Yolk / The City Council is requested to approve the following minutes: January 10, 1990 January 16, 1990 Special Meeting Regular Meeting MOTION BY '\ 'J TO COUNCIL ACTION SECOND BY :-.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE February 6, 1990 , " '-J AGENDA SECTION ORIGINATING DEPARTMENT APP~~ED FOR NO, AGEN . ~ Administration ITEM BY: Vicki Volk \ \ ' BY, {j NO, I Senator Greg Dahl will be present to update the Council on legislative items and to answer any questions. COUNCIL ACTION MOTION BY SECOND BY TO , '\ <.J CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE FeBE~ar} 6, AGENDA SECTION NO. ORIGINATING DEPARTMENT Engineering ITEM NO, {. Continued Assessment Hearin 87 3B BY: The City Council continued the public hearing for 87-3B Storm Drainage to the February 6, 1990 Council Meeting so the staff could prepare a separate resolution for 87-3B and exclude 88-1. Also, the Council asked staff to review the existing lots in the field to verify the topography. Attached is the resolution adopting the assessment roll for 87-3B Storm Drainage. Also, attached is a copy of the information sent to Jerry Windschitl's attorney via Bill Hawkins. MOTION BY \ -J TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. , '\ ,~j MOTION by Councilman to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF Storm Drainage FOR IMPROVEMENT PROJECT 87-3B FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of Storm Drainage NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1991 and shall bear interest at the rate of 8.5% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3, The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of , 19 with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER , I J ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk ,:J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Fphr11::.ry~. '990 BY: .(1~ ~ -, -':T R,.,.", APPROVED FOR AGal tJ BY: -iDL J AGENDA SECTION NO, ORIGINATING DEPARTMENT ni",,..,,,,,,,,inn T"~-~ ITEM cfl. NQ Public Hearing/89-25/ Moore's Estates Engineering The city Council has scheduled a public hearing for 7:30 P.M, to consider the construction of streets in Moore's Estates/l58th Avenue area. Attached are the following: *public Hearing Notice *Letter to Residents *Map showing area to be blacktopped *List of property owners *Resolution ordering improvement COUNCIL ACTION MOTION BY \ '-.J TO SECOND BY /' 0~\ ~ (te f~ 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 HEARING ON IMPROVEMENT PROJECT NO. 89-25 MOORES ESTATES/I 58TH AVENUE AREA NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on February 6, 1990 at 7:30 P.M, to consider the making of the following improvement: Street Construction The property to be assessed, pursuant to Minnesota Statutes Section 429, for such improvement is within the following described area: Moores Estates along Sycamore Street NW in the NE 1/4 of the NE 1/4 of Section 23; Sycamore Street NW north and south of l58th Avenue NW; Redwood Street NW south of l58th Avenue NW; and l58th Avenue NW between Sycamore Street NW and Crosstown Boulevard in SE 1/4 of the SE 1/4 of Section 14. All within the City of Andover, Anoka County, Minnesota. The estimated cost of such improvement is $97,410. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. CITY OF ANDOVER LL/~ Victoria Volk, City Clerk Dated: 1--17~fO ~~ ~J 8 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 · (612) 755-5100 January 25, 1990 Re: Proposed 1990 Street Construction Moore's Estates (158th Avenue Area) Dear Residents: A feasibility report has been prepared to determine the estimated cost to pave the streets in Moore's Estates (158th Avenue Area). Discussion: We are proposing to construct with 2" bituminous paving 24 feet wide, with a berm on each side for drainage, over 4" of gravel base course (Class V). This width is about what is graded there now. Estimated Cost: The estimated cost is $4450.00 per lot. This cost can be assessed over a 10 year period at about 9% interest or the assessment can be paid in full within 30 days with no interest. Assessment Period/Cost: The annual assessment payment over 10 years at 9% is $694.0Q per year. CITY OF ANDOVER -- ~ es E. Schrantz (~blic Works Director/City Engineer JES:kmt ~ "\ , ,J y , ~ ,< . '. ) " ?- .-l': .1' ,j ------------------ --------- 'ClI\19 HIlA '" ~ -.,. 0- ':-"1 e '" e " 'I '" ..... ~ " "l ~ ~).. ~ ,~ ~j ':-'). ., <:l )..'1 ~~ ~ ~ '>-.~ e "\l -:z "). " ~ ~ " .... V .., -~ r(~....) ") ').<'{ ~ " .... N ~;:~ "- ... ., - - ...." 0 ") ., ~':). ,::;. " 'lS ')..." ..... 0 ~ ~ 1 :;: I" ~ ~ '$; ~~ '); -l:' '::;. ~ ~=- '- ... ....." e ... 'l> C'l ~ '\ "< ~ '" " ~ ~ ... ~ "- .... .... .... ~ HH31ill1ON NO.WHmlrl8 R14 32 24 41 0006 Reynold & Sharon Orstad 16034 Crosstown Blvd. NW Andover, MN 55304 ~ ) 32 24 44 0022 Marjorie Bergman 15845 Sycamore NW Andover, MN 55304 R14 32 24 44 0015 William & Rose Braun 910 158th Ave. NW Andover, MN 55304 R14 32 24 44 0012 Mark & Lennea Trupe 921 158th Ave. NW Andover, MN 55304 R14 32 24 44 0006 John & Sheila Imre 15890 Sycamore NW Andover, MN 55304 R14 32 24 44 0003 V. & L. Golden 15734 Sycamore Nw Andover, MN 55304 R23 32 24 11 0017 Darcie Thompson Jensen 15650 Sycamore NW Andover, MN 55304 R23 32 24 11 0014 Roger Donat Jr. 15653 Sycamore NW Andover, MN 55304 E23 32 24 11 0011 City of Andover 1685 Crosstown Blvd. Andover, MN 55304 ,) R14 32 24 44 0024 Scott & Pamela Ulrich 887 158th Ave. NW Andover, MN 55304 R14 32 24 44 0020 Victor & M K Gerads 15726 Crosstown Blvd. Andover, MN 55304 R14 32 24 44 0014 Helen Swanson 841 Crosstown Blvd. NW Andover, MN 55304 R14 32 24 44 0009 John & Sheila Imre 15850 Sycamore NW Andover, MN 55304 R14 32 24 44 0005 Allard Reddington 15810 Sycamore NW Andover, MN 55304 R14 32 24 44 0002 Ray & Laura Chavis 15782 Sycamore NW Andover, MN 55304 R23 32 24 11 0016 Mark & Lisa Gandrud 15640 Sycamore NW Andover, MN 55304 R23 32 24 11 0013 Steven Gohla 15635 Sycamore NW Andover, MN 55304 R14 32 24 44 0007 John & Sheila Imre 15890 Sycamore st. Andover, MN 55304 NW R14 32 24 44 0023 Marjorie Bergman 15762 Crosstown Blvd, Andover, MN 55304 R14 32 24 44 0016 Ken & Darlene Jindra 15725 Sycamore NW Andover, MN 55304 R14 32 24 44 0013 Steven & Sally Kloos 15734 Redwood NW Andover, MN 55304 R14 32 24- 44 0008 V. & L. Golden 15748 Sycamore St Andover, MN 55304 R14 32 24 44 0004 Jerrold Mengelkoch 15710 Sycamore NW Andover, MN 55304 R14 32 24 44 0001 City of Andover 1685 Community Center Andover, MN 55304 R23 32 24 11 0015 Danny Chase 15630 Sycamore NW Andover, MN 55304 R23 32 24 11 0012 Steven Gohla 15635 Sycamore NW Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA '- ) RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREET CONSTRUCTION , PROJECT NO. 89-25 IN THE MOORE'S ESTATES/l58TH AVENUE AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS, WHEREAS, Resolution No. R007-90 of the City Council adopted on the 2nd day of January , 19~, fixed a date for a public hearI'iigT and WHEREAS, pursuant to the such hearing was held on the 19~~ and WHEREAS, all persons desiring to be heard were given such opportunity for same; and required published and mailed notice, 6th day of February NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement project No. 89-25 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate BRA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilman the City Council at a Meeting this and adopted by day of , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E, Elling - Mayor Victoria Volk - City Clerk ,) ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE F~hrl1;:llry ~ 100n . ORIGINATING DEPARTMENT Building/ Engineering AGENDA SECTION NO, ITEM NO, 3. Lund's Evergreen Estat sBY: Buildin Permits The city Council is requested to discuss with Jim Neilson, Attorney for Jim Lund, the denial by the City of Andover of building permits on Lot 4, Block 2 and Lots 1 and 2, Block 3, Lund's Evergreen Estates 5th Addition. Per the City staff review of these lots, Mr. Lund has not provided 39,000 square feet of buildable land area per requirement of Ordinance 10, Section 9.06a(3). Also, per the Development Agreement between Mr. Lund and the city of Andover, Mr. Lund agreed to excavate and fill those lots that have not met the requirements of Ordinance 10. From the staff review, it is apparent that Mr. Lund has constructed buildable pads areas for the following lots: Area needed to meet requirements Lot 4, Block 4 40' X 80' = 3200 sq. ft. 35,800 sq. ft. Lot 1, Block 3 45' X 50' = 2250 sq. ft. 36,750 sq. ft. Lot 2, Block 3 30' X 65' = 1950 sq. ft. 37,050 sq. ft. It is recommended by City staff to continue not issuing building permits until Mr. Lund has satisfied the requirements of Ordinance 10 and the Development Agreement. Note: Attached are two letters sent to Jim Neilson from Bill Hawkins regarding the development of Lund's Evergreen Estates 5th Addition. "- '-./ MOTION BY TO COUNCIL ACTION SECOND BY , "- " ,-J BABCOCK, LOCHER, NEILSON & MANNELLA ATTORNEYS AT LAW 118 EAST MAIN STREET ANOKA, MINNESOTA 55303 TEL: (612) 421.5151 FAX: 1612) 529-2273 EDMUND p, BABCOCK. of CouN<! LANDOL L LOCHER. 01 CounseJ JAMES M, NEILSON FEI.lX A, MANNELU. ROBERT F, MANNa.u. GARY T, LaFLEUR TIlOMAS A. KUNT STIPHEN J, NASH GREGORY J, HEWNGS COllEN J, CARLSTEDT-JOHNSON DEBORAH L COTTON RANDALL J, FULLER QlARlES W, PHIUPSEK F, ANTHONY MANNELU. CINDY M. ARNDT NORTHTOWN OFFICE NORTHTOWN CENTER 117 NORTHTOWNDRNE BLAINE. MN 55434 TEL: (612) 786-0250 January 19, 1990 City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 Attn: Vickie volk RE: James Lund Construction, Inc. This will confirm our telephone conversation of January 19, 1990. I hereby request to be on the City Council agenda for Tuesday, February 6, 1990 pertaining to the denial by the City of Andover of building permits on Lots 4, Block 2 and Lots 1 and 2, Block 3, Lund's Evergreen Estates 5th Addition, (Anoka County, Minnesota. Very truly yours, g?JJIh ~1/t:e~~ IJames M. Neilson I . JMN:ke] Enclosure cc: James Lund Construction, Inc. William G. Hawkins ; ; - "- 'J j7...'.' _. ., .' . ....... ~...' ,0. '.~'" . ".'," '. .,.;.~... . .... ~ ~ , "~ c..d~cr -~py DEVELOP!1ENr AGREEMENl' FOR LUND'S EVERGREEN ESTATES 5 th ADDITION -no : ,-..,'-'0 e1I&-Z ~~ ES~ ~Jt-o 5 -f-;' ~"'!~-;rL...+d.-.eY' .., .f II, . . 1hi.s agreement is made and entered into this If day of IJ, -Iri, ~,.. , 1988 by, and between James Lund Cons~ruction, Inc., a Minnesota corporation, hereinafter referred to as ''DEVELOPER-II, and the City of Andover; a nnmicipal corporation, situated in the County of Anoka, .State of Hinnesota, hereinafter referred to as IlcITY". mIEREAS, the DEVELOPER is the owner and developer of a subdivision, known as Lund's Evergreen Estates 5th Addition consisting' of Eighteen (18) lots, which is located northerly of Lund's Evergreen Estates 2nd Addition and northerly of Lund's Evergreen Estates 4th Addion, as platted and recorded, in the Southeast Quarter of Section 9, Township , ' 32, Range 24, County of Anoka, State of Minnesota. w"HEREAS, the' CITY' requires DEVELOPER to make certain improve- ments in the subdivision, and the parties hereto are desirous of entering into an agreement with respect to such, improvements, a list of which improvements is set forth, together w1.th the estimated cost thereof. I NOW 1HEREFORE, IT IS HEREBY AGREED BY AND BElWEEN 11iE PARTIES HEREI'O AS FOUOWS: ~ 1. Excavation'. DEVELOPER agrees to excavate the following six . (6) lots to provide 39,000 square feet of contiguos buildable land to meet the requirements of Ordinance 10, Section 9.06 a(3). DEVE10'pER further agrees to have .the e.,,<cavation observed and compac- tion and soil tests performed from the excavation to finish grade as required by the CITY'. ./,-) . '\ 'J wr/BLOCl< Lot 1, Block 1 Lot 4, Block 2 Lot 5, Block 2 Lot 1, Block 3 Lot 2, Block 3 Lot 5, Block 4 BUIlDABLE ELEVATION 891.5 892.5 892.5 891.5 for Westerly UO' X 230' section 892.5 for 150' X 76' section 8,92.0 895.5 " -f 2. Grading Plan. Upon CC<llpletion of the excavation of lots stated in Item 1, DEVELOPER will provide the em with a final As-< Built Grading Plan certifying there is 39,000 square feet ~bove the .J elevations as stated below. It is further understood that the lowest floor elevation for 'houses to be built on lots will be as stated below. wr/BLOCK Lot 1, Block 1 Lot 1, Block 2" Lot 2,. Block 2 ' Lot 3, Block '2 . Lot 4, Block 2 Lot 5, Block 2 Lot 6, Block 2 Lot 7, Block 2' Lot 1, Block 3 Lot 2, Block 3 .Lot 3, Block 3 Lot 1, Block 4 Lot 2, Block 4 Lot 3, Block 4 Lot 4, Block 4 Lot 5, Block 4 Lot 6, Block 4 Lot 7, Block 4 LOWEST FLOOR ELEVATION 890.0 890.0 890.0 890.0 890.0 890.0 891.0 891.0 888.5 .A BUTI.DABLE ELEVATION 891.5 895.5 895.s- 895.5 892.5 892.5 895.5 895.5 891.5 on Westerly Section 892.5 on 150'X76' Section 892.0 895.5 As .,Built' 10-19-88 As Built 10-19-88 .895.5 895.5- , 895.5 As Built 10-19-88 As Built 10-19-88. 889.0 890.0 Horne is Existing 892.5 892.5 892.5 893.0 893.0 Home is'. Edstiog '. . " 3. Culvert. DEVELOPER will install a culvert on Lot 2, Block 3 to extend the pipe from the stree.t right-of-way to the low area located to the west of said lot and place fill over said pipe area as shown on Echibit A, attached and incorporated herein. Said pipe is to include a manhole per attached Exhibit A. . . ,-2- '/ /- '\ 'J ~) " " Lf4t11h" r..v~'''' J;'Shci-~S:- rTH.:i.AP/)". '\'.' . .... 'o!"~,;j.~ .~ . LAW OFFtCES OF -ro t:.c.. ~t!rf'>; /181 Eurke and Jlawkins SUITE 101 299 COON RAP10S BOULEVARQ COON RAPIDS. MINNESOTA '5433 PHONE U51 217842998 JO><N M, 8URKE WU..UAM G. HAWKINS B,AARY M. ROBINSON August 24, 1989 COPy " INfOH:'A~~ YOUH ,70N Mr. James M. Neilson Babcock, Locher, Neilson 118 East Main Street Anoka, MN 55303 & Mannella Re: Lund's Evergreen Estates 5th Addition Dear Mr. Neilson: I have had an opportunity to review the information provided by Todd Haas concerning your client, Jim Lund, and his development of Lund's Evergreen Estates 5th Addition. I believe you have a copy of a letter dated August 2, 1989 wherein Mr. Baas, Assistant City Engineer, has set out his concerns with this plat. ' Under Item 1, the Development Contract states that the developer agrees to excavate and provide 39,000 square feet of contiguous buildable land to meet the requirements of Ordinance 10, Section 9.06 a(3). The developer was to have the excavation observed and compaction and soil tests performed from excavation to finish grade as required by the City. Mr. Baas advises me that Mr. Lund's excavator removed soil from several of the building lots and replaced salne but that this was not observed. The developer's own engineer will not certify that there are 39,000 square feet of buildable area on each of these lots and in fact, upon application for a building permit on one of them the soil tests indicated problems on the area where the proposed home was going to be constructed. Mr. Lund already has a house that is settling in the 4th Addition as the result of improper filling and the City will insist that he meet the requirements of Ordinance 10 and Section 1 of the Development Contract. Section 2 of the Development Contract provides that the developer will provide the City with a final As-Built Gr'ading Plan for the plat certifying there are 39,000 square feet above the elevation table. Mr. Lund had originally submitted a grading plan in 1984. Be has now only submitted plans for the individual lots and the City is not in a position to attempt to .I .. /~) , ') '---./ .,:....-. . J. ~ ,. I .' / Mr. James M. Neilson , August 24, 1989 Page 2 assemble the individual lot grading plans to determine whether or not the overall drainage of the plat will work. The grading as it currently exists appears to substantially deviate from the original plan submitted on May 21, 1984. Therefore we believe Mr. Lund has an obligation to comply with Section 2 of the grading plan. Item 3 of Mr. Haas' letter is a requirement under the present street standards adopted in Ordinance 10. As such, Mr. Lund as a part of his development must comply with this request. Item 4 is covered under Paragraph 4 of the Development Contract. Since the area between Lots 2 and 3 of Block 2 were filled and disturbed, topsoil and seeding needs to be completed in these areas. It is my understanding that the only way that the City is able to assure that all of these lots properly comply with the Ordinance will be for Mr. Lund to remove all of the fill material and have the 39,000 square feet inspected as it is refilled. Until such time as this has been complied with, the City will issue no further building permits on such lots. Sincerely, william G. Hawkins WGH:mk cc: Mr. Todd Baas 9 =8 9 T H U l. ~-:-'::'-.1. r- . "=.J":::' l.'W orl'lCts 0" o IJI/,kc I1nd Jll1wkins au.n 101 :11111 COON ""~c.IOUUVAllO C:OOH ""l'Ios. lollNHESOTA :l15-<~3 I'HOHE (5121 7&4-2D" JOHH M. IIU~E W1WAM Q, HAWKINS October 18, 1989 Mr. James M. Neilson Babcock, Locher, Neilson & Mannella 118 East Main Street Anoka, MN 55303 Re: James Lund Construction, Inc. - City of Andover Lund's Evergreen Estates 5th Addition Dear Mr. Neilson: I have reviewed your letter of October 6, 19S9 with the Andover City Engineering and Building Departments. I believe in the letter you have missed the po int of the Ci ty' s contention concerning the Development Contract. Under Paragraph 1 of the Development Contract, it provides that the developer must provide 39,000 square feet of contiguous buildable area on each lot. The City will accept soil borings to confirm this in locations as determined by the City. This is clearly allowed under Parag raph 1 of the ag reement. The documentation that you have provided us merely satisfies the requirements set out in Paragraph 2 but does not: deal with the problem that: has shown up in Lund's 4th Addition in that: the soil under the fill material that meets the 39,000 square foot area is not buildable. Accordingly I would recommend that your client contact the City Engineering staff to alee!: to obtain the locations of borings that the City would like in order to determine that the above lots ate buildable. After receipt of this information the City will consider your request for building permits and the release of the escrow. Sinceeely, William G. Hawkins WGH:mk ..~ cc:'Mr. Todd Haas . ~ . \ ~ '-~ 1\ ~ ~ a ~ ll' -- ~ I't\ ," II ~ -s; \I \l '" 5 .~ ~ ~ 'lI .. ~ '" ..!1 -- .. "- "'- X \I 11\ Iro ,...: G'" , W1,fo. i ~ ~ - --J :;:rn CJ ~ 't: ~ a <4 I'l () -J - \;l .... '> ~-::, Lt "'l~ ~ r..: 2 ~ ~ CI- ~ -- <S ~ CL ~ {2 ~ ,~) \l -.Q ~ ..,., ~ -<- ~ ~ ....c .~ -L ~ , ~ \1 J{ ~ .] 1:5 -+- ~ ....J ~ I '-9 I I i ! __I '" t) CI..... () '" ~ ~ ~ -' < " .> .... "^ ~ . r- 0- . J '^ :--- - (l '" <l.l ::Q os ~ oS -l:l ,- ~ ------? i ! J ! { I J '~ !~ V) ::- .~ I\i ~ "I '\ "-) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ORIGINATING DEPARTMENT DATE J:'oh..""..:." 9, l~~O AGENDA SECTION NO, ITEM NO'4, n~"...."",,~-- T"___ Declare Adequacy of Petition/Hidden Creek East 3rd Engineering BY: .'T"mo" 1<' . APPR~OtVE~FOR AGEND .1 . i BY: / ./ The City Council is requested to approve the resolution declaring the adequacy of petition and ordering the feasibility report for proposed project 90-5, Hidden Creek East 3rd Addition. The Addition includes the following lots as shown on the preliminary plat: Lots 1-7, Block 7; Lots 1-8, Block 9; Lots 5-8, Block 6; Lots 8-20 and 23-26, Block 2. Enclosed: Petition Resolution COUNCIL ACTION '\ '-./ MOTION BY TO SECOND BY Ii . .-Iii . . ii . . ii ~-"'- ~' .-i'",' ->II; -~ >!'~ ( I , " ';./ ~,,,jnL U\\~ \ I IllU is .. .. .. .. .. .. .. '" = N 10 J: iJ II , THRUSH Sf. NW (jl .... a. N , I 0 1II Il 0 m z () :0 ( I .., m m ^ m ~ \ CJ) -i :T 111 , !: 2 > ~ Z 0- m II 0 ~ ~ z )0 ::E .. A . ':l:: ..... I:> I:> ~ c-. >> n, !l\ 1\ en ~ .-1 :IJ ~ m 'i m ..0 -I 0 \II iJ . ,,,\ ~ r- c;) > ) Z -. ~ 0 <::1 '0 , '~ :j <:) ~ ;:" ~-) GOOD VAlDE HOMES January 30, 1990 Mr. James Schrantz City Administrator City of Andover Andover, MN 55403 vo-V"" " \jJ?J..<A , \ _~\.-qO ~ tL ~~ ~~ \j S~V'"' RE: Hidden Creek East ~ Dear Mr. Schrantz: ~~ Good Value Homes doe~ereby petition for improvements by the construction Q~t~rm sewer and streets with concrete curb and gutter.'?The cost of the improvement is to be assessed to the benefiting property. The petition is may be waived. assessments. unanimous and therefore the public hearing We may also waive our right to appeal the The lots for which we are petitioning are based on the Preliminary Plat of Hidden Creek East dated May 31, 1989. The lots petitioned are as follows: Lots 1 - 7 Block 7, Lots 1 - 8 Block 9, Lots 5 - 8 Block 6, Lots 8 - 20 and 23 - 26 Block 2. Please prepare a feasibility study for the above-mentioned lots. Sincerely, GO~D VALUE HOMES, INC. \ X\ ,A\i- ~ ~./\~~ Joh \ . Peterson vice\P esident of Development /j :,J GOOD VALUE HOMES, INC, . Registered Builder' 1460 93rd lane N.E., Blaine, MN 55434-4396 . Phone: (612) 780-55H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA .~J 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, SANITARY SEWER, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER PROJECT NO. 90-5 , IN THE HIDDEN CREEK 3RD ADDITION , AREA. WHEREAS, the City Council has received a petition, dated January 30, 1990 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% 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 to be 100% of owners of property affected, .thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 3. The proposed improvement is hereby referred to 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: James E. Elling - Mayor Victoria Volk - City Clerk , , o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE t:'~hr"::Iry k. '9on AGENDA SECTION NO, Discussion Items ORIGINATING DEPARTMENT Engineering ITEM NO,s: Site "Q" EIS Review Agreement & Amendment oBY: Andover Coon R . Joint Powers Agreement The City Council is requested to: (1) approve the agreement with the "review team" of Dorton Poquette Associates, JMM & Associates, ERM North Central, Inc" Hoisington Group Inc., Lynne Bly & Associates, Inc. and Lyle Bradley for professional services in review of the Anoka County Site Q EIS at a total cost not to exceed $156,200.00, and (2) approve the attached amendment to the Joint Powers Agreement between the City of Andover and the City of Coon Rapids, BACKGROUND Anoka County is in the process of preparing an environmental impact statement for the proposed siting of three Anoka County landfills. Sites being considered are Site Q, Andover and Coon Rapids; Site P, in the City of Ramsey; and Site D in Oak Grove. The City Council has approved that we proceed with the agreement with the "review team" that's been put together by working with Attorney Charles Weaver. Under State Law, Anoka County must select a landfill site in Anoka County, One of the sites being considered, of course, is Site Q located in the cities of Andover and Coon Rapids. The majority of the site is in Andover with a small part being in the City of Coon Rapids, The buffer around the landfill, of course, is in both ci ties. continued COUNCIL ACTION MOTION BY '\ '--../ TO SECOND BY Page Two ~-J The EIS for Site Q, as well as the other sites in Anoka County, is presently under preparation. The City of Coon Rapids, in conjunction with the City of Andover, has previously entered into an agreement with Attorney Charles Weaver and with James M. Montgomery and Associates (formerly Hickock and Associates) for the review of the EIS. At this time, it appears that additional consultant expertise is desirable to provide a more in depth review of the EIS. Due to that, Charles Weaver has put together a team consisting of Dorton Poquette Associates, who will do team coordination and socio-economic review; ERM North Central and JMM who will review facilities and technical issues; Hoisington Group Inc., who will review land use and related issues; Lynne Bly & Associates, Inc. who will review waste management and general issues; and Lyle Bradley who will review human and wildlife/plant life health risk issues. The attached Agreement is for retaining these consultants for the EIS review. The present Joint Powers also needs to be amended additional consultants. Powers Agreement). Agreement with the City of Coon Rapids to authorize the retaining of these (See the attached amendment to the Joint Financial Considerations under recently passed State legislation, reimbursement is available for landfill site evaluation up to the amount of $100,000 for each community. $200,000 would therefore be available to the combined cities of Andover and Coon Rapids for EIS review. The proposed not to exceed costs for the review team is $136,500. These costs will be reimbursed by the State of Minnesota. Note: Should the selection process progress to the Metropolitan Council, additional services not reimbursable by the State may be desirable. These services may have to be borne by the two cities and fees would be negotiated at such time as the services were deemed necessary. Note: Attorney's fees are not reimbursable by the State. The previous Joint Powers Agreement anticipated attorney's fees in the amount of $50,000.00 to be paid for by the two cities. Approximately $27,216.00 has been spent. We anticipate additional attorneys fees will amount to $ '2P,f)f9o , The County has told us that Coon Rapids is not eligible to have someone on the review authority appointed by the County which consists of the County Commissioners, 5 appointed members and a \ member from each of the site cities. Does Coon Rapids deserve a ~~ member on the site cities group? We've questioned this, continued Page Three (J Another thing that we're pursuing is, is the state of Minnesota, through the Metropolitan Council, willing to pay up to the $100,000 to the City of Coon Rapids. That's something that we're trying to verify. If they're not eligible, Coon Rapids would have to find another funding source for their share of the expenses that we will be paying the review team or at least the amount over $100,000. Coon Rapids has checked and has been assured that they are eligible for the funding. , ~~ k p"( and Post ,J TEL No.1-612-374-1603 Feb. 1,90 14:31 P.Ol FAX 'J'HAKS~lJ SSlO1\ Fcbl'UtJ "," ], 1990 1'0: Jl fl SClIllAKT?. CITY AL1HIKJB'I'H.'\'l'On C)'l'Y OF ANnoVJ.:I{ lC85 Cros~Lown naul~vard NW Andnvcr, MN 55304 755- 5100 FAX 7!i!i-8923 }'IWM: MOl<: llOnTOl\ !lOnTON l'OQUF.T'J'!; ^Sf;Ot.r ATES 19~2 nUl'Ol1l. AvenUe Soulh Hil1/1""Jlolis, H~ 55.IO:i 374- 49Hl FAX :17<1-1603 SUn,JFCT: AKOJ.:A EIS CO~SUI,TTNO TEA!,' AGllEEMF.N'J' .-Atll<~'hcd j~" I,hp. proposed ~IlL'e(_'m~n1. for til(' con!>tlll.i g Ol1m, Th.. /loL t.o '~"(,":'cd c:o"t. i" $150,200. J htly€. j""l\lde I I< "'1(\t.011..",t )imit.illl~ 0\11' w(.rk tlncler till. lI~l'CCUl"nt. to taalE" l,l ~Ibl{" fIn' l',~-i ItIhUl'snu"H'.t, from the Hetl'u"o! i l.~n COIJ{l(,il. J f YOt have tltly <j\lcoFi1.1n"!S. pl\'lls(,! gi\;,. roc (\ ('ull at. :l71-49(Jll, . .... ,.-J Pack and Post ~ , I '-J' TEL No,l-612-374-1603 Feb. 1,90 14:28 P.02 AlrMlment fa~ CD"~ulLing Scrvin~ Anol~a Count)' !.llncJfill Siting Environment Cities of Andover and Cuon RApid COllsuJ.t.it,g TO'"", I'dlf'lI'''',\" 1, 1990 A. Pu r'p(nH' "nnJ'1l Ce'utd~' h"", proposed tht,O'" site"" fal' t.IH' 1n 'lIli II'/)",te 1,IIndfiJ1 >In,! i>: ]lrcl'C\l'ing "" F:n\'ironrllcntn1 1mI' n',] S ) UIl l.},c tlncc slt c". 'l'h,~ ElR w,j 11 VI'ovide U . C< 1 "r('l'u.lItie'l. tu "O'lt,t,t n si1.c un..l<,,' t,h(. tlP!,I'':'!>l-; te N i IUlPHn1.r, Stc~t \.It.t~H. "he ci li~i:i: of At"Jr]tOIVt'l' (tuu. ;':C)() cnto.f!cd /l consulting 1..."," t,(, e.J)t"in U", ~l'pl' l'ri (,,':'lld\"~I. A t.,,,'hrde'tll revle''' lint! anl\l~'~iK of he !.>lI,dfil) ElR ",,,1 Siting pl'unn:<~. 'I'll" (:onMIl ting 1.("1" i nc] lld,~:!S: Tellln Conrdination 01111 ~<H,in-r:r:(lllOmic lmJ.I(Jl,t 110 l' 1. C1I1 PU\lu"l.l." A",",oc.i ales 19~{:! D'll'ont Avenue Rn\lt,h r-tilHI(:.{\poljf-~, NN 5fdoa 01:! / 374-4!l09 F",'ll i ty Teehn i enl I SSUC-El: Em1 N",..I.), Contral, ) ,,,,. ~470 l~t",ld"gl.o" l)l'i.vo - Suit.", 101 l':ngarl, HN 55122 C:il? / 454~0808 I.and Utle llnd n"l Rt.t'd l~l"'ll\:": RoiHingl,on Croup. Iue. 7300 M('I.I'O Boulevard - Rlli \." 5?f> Hjnnco.pa]i~, NN 55435 l:J 2 / 8:15-99GO W(\!-l.1.c: MnnngPlIlent. t\nd GcnerR.] lfisucs: L:vr,n(: lJI~' &. AfilH",iH\.t'~' ]nc.. 13201 n~IIrk Trail North St.illwater, Mil 55082 (iJ 2 / -139"9284 HumAn and Wildlifc/P1Rnt Life Deo.Ilh Risks: l,~'l,~ nl'/1.ci1(,~' 15202 - 7th AVRllue N,W. An(.JI~Il, HN fj5~10~~ fi12 / 421-10G3 H ."jfl'" n of a Solid ct Stal.clIIunl. "11.:v with t.he Iro" i K i OHM oJ' Hapids htl.vt' \... dRi.Il llnd \noku ~ollnt~. ...., Uyd1'o-G~olo~ic lssueR: ,HlfI - Jo.n;,.'s N. H".d ~oJl\crr, Con!<uJ tin.<: Ellbin ""0< Inc" 5,15 llldilltl Mnund ~nyz~t.a. MN 5539J (;J2 / 473-4224 ~ '-Y Pack and Post "- ,-) ',~J TEL No,l-612-374-1603 Feb. 1.90 14:28 P.03 2 Ht Scopo of S(~r'vic.()... ']'Iw <:C>II~"J ti Ill( t enm ..iJ 1. lllld~l'tak<:, \,he' 1'ollowl n~ 1<<1'yJ us t,) "'~'si"l, lilt' citic'lI In th.. ElS Ilnd f;ite f;e1c<:l.Ion Proe'c'>:>1, P!'lI<;" 1 - ~oo}'(linld,ion "lid novlew (If the' Blll 1. Co11<:..,t ulld r",vicl.' <lat" and ulIchgrOUIHI ill1'o lit -n 0.1) Solid Wh~to ~acilitiuu. slLes, NiS, Knd rela1.nrl tc~hnic 1 d,numcuts. (I UuLn Cal1nction o Review 1''''l'Ort~,. KIS. nnd sit.lng Iw.'k 011 An 11>1 nd 01.11<,1' rc,unty solid wo~Le fAciliLy slte~ Cl Revh.w n\lI\,o1'i:>1 l<it,h lh., cl1.l",u 2, Rc'vl"I.' pre1 indn(Il'Y drnft ,,,,,,1.101'" or t.h<.' E15. o Re'....Jc,,, pI'''] inJi",,1'Y dl'aft, f<'-'c.l..iollS of F:1S p ovi ,.ld b~1 Anoka Coun1.)' and (:e.lu;ul tnnt,s o Allvi ~:o cl i.enl.>l €Iud COUld,)' ahout I'('viol< COIlIl '~nt on tllr pl'e1iruilll\rY' draft Hlf; ". n,'~' j ('H Draft EJ S re.1' forml.ll rev; el.' l,'n1('c.n;, o HrvJew IIrnft ~IS o 1)rnf1. Ct)IIITIIPnt~ fOt. l'cvl~w wjth cil.ies u DI'f\ ft 1'e>rma 1 ~tt\L"menl,.. 1'01' ci ti es Cl Assi f<l, in p1'e"entnt.lcln.. nt. nj)pl'opJ'j,atc hen I ng:. line! 1>ub1ic 1Ilf.'f'tlng" 4, I{('vj",~ Fill,'11 Els rut' fOl'ma1 I'<,vi..'w proc:e$!' l) T\~\'i..:w finr.] Ell; I' 01' 1.lc!cquaq, " I>I'L,fl. commen1,.., for revl"" l.'ll.h cltio!\ o IJ"f\ft rOlriolUl sll1tem('llts fur eJ l.l',s o ^r.::<i:;t. in pl'H!<t'ntAiioIIF.l lit. apPl'ul'l'iaie hoat' ngs allll !,ublic: nl(o~'Ling" by (;ount.~', Mctropc,J.j tlln COil lei 1 nnd ::11\' i I'onlllentll.l Qun 1 i t.~. ROllnl 5, ~IS Rnview Projrct M~n~g~lIl~nt and CnnrdlllatiulI ". o Cuurdit'Il.t,l(," of R/;'pol'l." fc'r the' Glti"" o Consll1t.ill~ Team Heotlll!l!J to 1..'0ul'dinn1." nC"',l\1 :h II d AnaJy,dt' o MN:l.ines !;itb <,ity ",tafr" to 1I1'nfl. Hcpn"ts o M"t'tinIl'I> wi t.h Anoka CoulIt,;.' and Co.'I...;ul t,ante; n t, ., F.IS o Pl'ujl!ct Hanngem'~111. Joi nt Comlu] 1.\ n!': T"Am T..., 1:9 Pl."",: II - Sl'nc'inl 5tuili"R for th" InS k'wicw I>u,'ln~ lohe l'eyiC'w of tho EIS /\nd re1(d,~d l;LlldiC's 1.1., ~' nsulting 1....1111l l<.ilJ jrJc,ntify nddiUon...l l'",,"~~u'~h mill /Il...lp,i of Kpec.iflC' t(>f.'j<.:~\ f"elm tll" f.:'j(..iOll. The:. ~I',~~'l...1 stlldj~~ arc cl fin cl /1" extra \",T'I\ l\nd \d 11 l>~, e.nl~' bC' 11lldert....kcll upon apPl'nval , r. t, '" c.l ient. l\), \:.Y Pack and Post :J .~ .'; ~ . ~ '" " TEL No,l-612-374-1603 Feb. 1,90 14:29 P.04 :I J. J(I"I'1.i r~' ~dctitionlll, Id.\ldies to SlIl'pJ"III",d, th E1 L'~".J"W o Ilnd'{, t\COl'C of \0,'01'1. 1111,1 J,,'ol'oSEll o R"vl"w propo~nl wIth citiQ~ o Amt:-nd COBSlll ting agrc.'I:'nll.'ll1. fur' l:'lpoci.al slid)' <) COIIlIIl"L spcci~l f>t.ucly o Prcpo 1'\' l'E'port for 0 i l. i "" l'hl'l~f' 111 - I'll te Selr.:c.tion PI'U';~"'''' TIt<' "''''''\lll.ing lenm \~lll pro,'ido Mlcljl.ivnnl c'ities clu)~itlg ~it.e selection dl~ojHi{Jrl l'roccss. 0111)' b" \lIldertak<'f1 wj I.h tche approvl,l 0 r I.h" "it, s~i 1.HlIllCl I.n Th., work will C.oS, the I, Hf,>yi.r."~ f't'l'lUJI, \.'""dllion repol'\''' by Hetropo)i 1m ouneil (,lid Mj IIII<"<O La Pollution COII\.1'ol ^lScnoy () H~v1~w rcport~ o nraft~ r~~p~I'~C fuv ulLJMH () A~"j~t. in pl"~lwnl.lLl..ions at ElPl'l'OVl'iH(,e l' b11 me"t,lr',l(" 2. n,~vj(~\-: AnO]H' C("uJll~ r'Hpnrt on rccommcndHtions of '-, j t.~,,: BeloC't.i(lrJ o I-\ev i e.\<." Count.y rp.po.l'.t$ o IJl'Ilft. t'('flp(lns,=, for oi Lies () J\$.$ist in pJ'p~aH)l.tt.t.ions fit nPl.ll'u~lf'i.~tc D' bli nl(;~et.ings ~. 11"";"1< flctl'opoU\'~\n to\ltleil n'l""'1. on fiit.(, S. J.."" i'_'ll D Rc"iC'~ He revarl.s n llrll:ft, resr,ollee" for ci ti "I< o AHRi,t. itl proscnLHLlunM at approprlAte Ploli mccLifl~R c, COIlAl1Jtins Team CC>lIl'Hl,;on" I, The ""n~lllt.ing team wi J J p""pnl'(' t.'I ffie>llthly " ""0 idl\tcd 8t/\t.emont "I' d'"1'gC"l iIlOlLldill~: o Hourl)' 1'<11.",.;, hOllr'!} workcd. find chargc,s l,'I' ndividuaJ tlml f ir'm o DiN\c-t costs o 111')\-1' .:L>ll."nl(mt of fic\.lvities for the: 11101 t.h Cl lld,ni led bi 11 j "ll in formatloll will 11f, nva' 11\b c upon 1'\'',1''''.'1. (If th,~ c.l 1 on1.s 2. Th... consulting 1_".'<111 wil) bl11 dl "l'C:\ costs C\ llllt! HU\.OIl,obi.l~ milt,,-,/(p. will be biJl.,d lit. $0.' ill oice cu!..l l' " nd Ie. :1. 'rho ce,n:i<uJ \,j tl~ Ll'am \,'il1 bi 11 a leltc: "h"('~,, c ' fill. bill1nr,s lIot. l'"ld \dthin :~O da;;s. :"')" }J(tfo month ~ \.Y 4 4. The' l'nnf;ulti ng \Nlm '011 \ in~ J'/t.t..,'." I,ill b ~ n n~rLon V04u~tt~ As~oclatoH - R~tiroaled HOU~M 5HO Principals - $75 vcr hour AssoninlAM - $30 per haul' o l,ynr,C Dlll & As!<ociatc[;, Tll(;. .. Rf;timated Houro 124 I'I'\ncipal~ - $50 .,(,1' h'''I!' () Hed ~in~t()n Gr(HJ1) , 11lc;.. ... ~sl imnted liourM 410 8('I",'Cl1:'" 'Pruf(:ar.dc,lllt:\l r'I'nr(,~sioll,,1 }I Profes~iDnnl Starr Tcc:hllici"" St'<:retf' ,.j (\1 _ $ 90 \1(.'1' hol . _ $ 7 r, pe l' h11\ I' _ $43-105 pc ho I' _ S30 pCI' hot r _ $2~-$32 pc l'c) r o 1.)'1", Bradho}' - Estimated liOUI'M 200 :pu pel' hOlll' o ERN Narth central I lne. - RMtimnLed NourD 420 -.......~. S,'niOl' pl'oj"r;t. l::I1gineer/Gcoloei~. Project Rn~inAcr/GAnloGiML Buvport (5ccrwtoriR1/DrnftillY) 95 per hout. ,fir, per hOUI' 30 )>1'1' houl' o ,HIH _ Jame!; H. MonLgomery CC)lI"\lli,in' 1':1 !inC'CI'~;.. 111<:, f,. NllIlrir.;" D01-t,,,,, llol'l.on poque\.Lc' ^"'HOCi. I.C'!\ ,-;1 11. m/lnnge IIl1d and c:oc'l'di nllto the- !''' ,." i<~"''' of {,he COli ;11 t ng t,p,IlIll. R~tlmntcd MourN 354 Senior Prof~MA5onal I'r'n r(,'s~iOJHll A5S0nintu PrQf~~Rion~l _ $7~ pr:1 hlll'- _ $54 p"" he' r . $0\7 pel ho J- D. ConGulLing T~(lm SnrviceH and C051,M Thr conDult.ing t"am will on1r perform w t.!vd, is 1'1 igibl'" for' l'cimhlll'('CmAl1t fJ'On\ IIndcr proViMious of Hinnr.,:;nl.... St.l't.ute!;\ ,rk nden thlR (l~I~rmcnt hft Ictrovolit.~n co\u1nll 473 83). Subd, '(3), , ,J 0- ~ Pack and Post ~) ,~ TEL No,l-612-374-1603 Feb. 1,90 14:30 P.OS c, 1, 1'),I\S'~ 1 - '1"111' ch!lrgcs for con8-,') 1. i fig S(lr"; c,~,; 'j 11 b,~ bas"d on autunl hours anrl direct uusts ~~J nd! I hy tha the- c(.H1,,"1tin~ \',,,nm. The- chn"!lp.s f !' \. ,e Ph""" J .' EIS ]'('lvicw and Coordilll'ltioll will 1'101 "x ~ed t.hc- amount of $IGG,200 "ithoul. aPPI'ovli1 .,f lC cHenl..- ?. Pllo!;;(' 11 - Th€ "harge", fur consul t,ing A~l'\'ice~ wi 1 b" b(\s~.d Oil s;peci rie studies I>r(Jl'os~.d b,' I.he co !:<1l1l..ants t"'" (.lI>provt>d by tIlt., ..,,1 i'~llt . :I. Pha~e T TT 'l'h", char~e!l for """Hul ting servi '.'.1., W 11 bt' based on specdfic t.I-l."ks to lw I1ppl'(lverlly t e elienl,. t':. I'rojr',' t. I'lc.hedll1 (., The sc,hcd\ll e f"r' t.ho project j H d....l'1'''cl<.1I1. u ^nok~, County and Duuahue A:';Hociat{H~, In(~. l l'I'cljmiIIlJl'~ scct.ions of t.he 111'Ilft EI:;, the- t,hr. Fin/\l F.TS. 'J'h~ sCllC'clul" f(lr I.h" projcc: by the "ons\llU"(l team iH: rh"",,/l'll.sk D J F M A H J I'h,~"" J n"dq>;rc\II,"1 !;tudy l'rc]iluinary Review Droft KIS Revl~w Fitl:.\1 EI~ R.c~v1(.w C,wrdi Ill'll, i on/H!lmt phil!": 11 Sp,,~i::ll S~lIdies xxxxxxxxx XXXXXX XXXXXX XXXXX XXXXXXXXXXXXXXXXXXXX xxxxxxxxxxxxxx Phillie' 1]) Pel'nli t. Hc:-V;fn.. Anc,ka S; \,(' Se.leci. i ClI'. He A"pl'oval c: A~rccm~nt 2/1/90 n \;.Y OTl 1>1' n.r D.n he "")I'k "f' p....T'''' the g] fj J and idI,atcd A SON D ", .:xx XXX xxX XXXx FEB 01 '90 17:09 CITY OF COON.RAPIDS P.4/5., " ,0 AMENDMENT .TO JOINT POWERS AGREEMENT BY AND BETWEEN THE CITIES OF ANDOVER AND COON RAPIDS FOR THE RETAINING OF CONSULTING SERVICES IN REGARDING '1'0 ANOlQ. COUNTY, PROPOSED SANITARY LANDFILL SITE Q THIS AMENDED AGREEMENT, made and entered into this ----:....' day of I' 1990 by' and be.tween the City of Andover, a municipal . .corporation herein aftel; referred to as "Andover" and the city of Co'on Rapids a municipal corporation herein after referred to as "Coon , Rapids". .- , . , WITNESSE~: WHEREAS" the City of Andover and the City of Coon Rapids have previously entered into a Joint Powers Agreement' dated the 16th day of "June, 1987 for the retaining of consulting services in regard to Anoka f , County proposed Sanitary Landfill Site Q, and .. ." ,WHEREAS, it has been deemed desirable that the two conununities obtain additional technical. expertise to aid the cities in the EIS review process for Site Q, and WHEREAS, Minnesota Statutes Section 471.59 permits the parties hereto to enter into a Joint Powers Agreement for the purpose set forth " herein, and, mIEREAS, Minnesota Statutes Section 473.831 permit reimbursement of up to $100,0.00 per city for Environmental Impact statement review. NOW, THEREFORE, be it resolved that the cities of, Andover and Coon Rapids. enter into an agreement with Dorton-Poquette Associates, ERM North Central, Inc." Hoisington Group Inc., Lynne Bly & ASSCiciates, Inc., James M. Montqomery & Associates, and Lyle Bradley to provide : ~ . )fessional services and teChnical assistance through the communities, '--J ,and FEE 01 '90 17: 10 CITY OF COON RAPIDS P,5/5:'.----,. BE IT FURTHER'AGREED, that payment for said services will ,\ ' , ), . " . . . ~y th~ city of Coon Rapids on behalf of the two communities, and ,BE IT FURTHER AGREED, that the cost of said services will be be made shared equally between 'the two communities, and BE IT FURTHER AGREED, that the city of Coon Rapids ,will submit bills to the Metropolitan Council on behalf of the two communities.' BE IT FURTHER AGREED, that all other provis~ons of that certain . . . . ' " Joint Powers Agreement between the parties dated the 'i6th day of June, 1987 not amended hereby shall remain in full force and effect. IN WITNESS ,WHEREOF, the parties hereto have executed this ,agreement by, ,their duly authorized officers and have caused their' , respective seals to be affixed hereto as of the day and year first above written. , , CITY OF ANlJOVER CITY OF COON RAPIDS By By RiChard S. Reiter,.. Mayor By' , By Gary W. Jackson, City Manager " (SEAL) (SEAL) .' ,,~ " M E M 0 RAN DUM ,. '\ <) TO: James E. Schrantz Andover Public Works Director, and William R. Ottensmann Coon Rapids City Engineer CITY OF ANDOVER FROM: Gregory E. Korstad Charles R. Weaver DATE: January 22, 1990 RE: Anoka County Landfill Siting Project: Metropolitan Council Reimbursement for Technical Review Work This memo addresses strategy issues relating to the Consulting Team Work Plan for the review of the site Q EIS and follow-up matters. The main focus should continue to be on structuring the review work to meet the definitions for reimbursable activity contained in the statutes authorizing reimbursement. Statutory Framework. Minn. Stat. 5 473.833 obligates Anoka County to select and acquire a waste disposal facility site and buffer area consistent with Metropolitan Council Policy Plan and Development Schedule. The County is further obligated to assure development of the site in accordance with Metropolitan Council Plans. As part of the site selection process, an Environmetal Impact Statement is required to be completed. After the Environmental Impact Statement is declared adequate, the Metropolitan Council and the Minnesota Pollution Control Agency are obligated to issue a report to the County advising the County of probable terms and conditions of permits and whether a site is, in fact, eligible to be issued a permit. At the same time, the County is obligated to establish a site selection authority comprised of the seven County board members and one city or town representative for each inventory site. The city or town Site Selection Committee members are appointed by the city or town. The Site Selection Committee is obligated to make a technically based site selection decision for the County. In the course of preparing the environmental impact statement and making the site selection decision, the County will evaluate a number of technical issues requiring the County to assemble substantial amounts of data and to perform a technical analysis of that data. , "- o , , '-~ 1989 amendments to the site selection process authorizes each ". . . city or town that contains a solid waste disposal site identified by the Council . . ." to be reimbursed for up to $100,000 of costs for data collection, technical review, and analysis. Minn. Stat. 5 473.831, Subd. 2(3). This reimbursement is available only for costs of evaluation of technical issues. The intention is not to reimburse for advocacy of one site over another based on nontechnical reasons; hence, legal fees are not reimbursable. For this same reason, however, the reimbursement is not limited to the evaluation of the draft Environmental Impact Statement, but may also include evaluation of the site selection decision made by either the County Site Selection Authority or the Metropolitan Council. Reimbursement Authority for the Joint Review Project. A very technical reading of these statutes suggests only a city containing a waste disposal site (not buffer) is eligible for reimbursement. Based upon the site map we have reviewed, it appears that in the present configuration, only a small strip of land designated as part of the disposal facility is located in Coon Rapids, otherwise the Coon Rapids property is mostly buffer. I have confirmed with Paul Smith, the Metropolitan Council Solid Waste staff person responsible for administering the financial assistance program, that both Andover and Coon Rapids are eligible for financial assistance. I have also confirmed with Mr. Smith that financial assistance is available, not only for technical review of the EIS, but also for technical review of the site selection decision. Recommendations. We have reviewed the proposed scope of work for the consulting team as prepared by Dorton Poquette Associates. This scope of work contains three phases and appears to based upon an impression that only the technical review of the EIS is _ _~_ eligible for cost reimbursement. Because the technical reV1.':JW ) of the scoping decision is also eligible, it is our advice that the consultants' work plan be appropriately modified to maximize the available reimbursement. . ~ :~J GEK:F05s 2. , "- \J CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE Ft:ahr"~ rl" ~. 199Q ITEM NO, Home and Business AlarI Ordinance 0. ORIGINATING DEPARTMENT Planning () \, UV ~^"U) BY: Jay Blake';\\\Ci ty Planner APPROVED FOR ::Jd v AGENDA SECTION NO. Discussion Items REQUEST The Andover City Council is asked to consider the enclosed Home and Business Alarm System Ordinance. BACKGROUND Due to the large number of false alarms reported in the city of Andover, the Planning and Zoning Commission has, for the last six (6) months, been drafting an ordinance that regulates the operation of home and business alarm systems within the City of Andover. Copies of the draft ordinances have been reviewed by the City Attorney, Anoka County Sheriff's Department, and city staff. Section 1. Outlines definitions for the purpose of enforcing the proposed ordinance. the definitions were adapted from several community ordinances and modified for our purposes. Section 2. requires that all alarm users register the alarm systems with the City (see the enclosed Alarm User Registration Form). This section also outlines the fee process for false alarms. Section 3. outlines the false alarm review and appeal process, There are two fees that would be levied as a result of the adoption of the proposed Ordinance. A Registration Fee and Alarm User's Surcharge fee would need to be established by the City Council. COUNCIL ACTION , '\ 'J MOTION BY TO SECOND BY Page 2 Ordinance #92 :~ February 6, 1990 During the course of reviewing the draft ordinance, the Planning Commission learned that it would cost the City in the neighborhood of $5.00 for the registration of an alarm system, providing a copy of the ordinance and inputting the information into a data base. Also, The Anoka county Sheriff informed the Commission that it costs the City approximately $30.00 per false alarm call. Add to that the costs of administering the program, and the Commission recommended a surcharge fee of $40.00 per false alarm for the third and subsequent false alarm calls at an address. PLANNING AND ZONING COMMISSION RECOMMENDATION The Andover Planning and zoning Commision held a public hearing on December 12, 1989 and received public input on the Ordinance Regulating the Operation of Home and Business Alarm Systems. At their January 9, 1990 meeting, the Commission unanimously recommended approval of the proposed Ordinance #92. , , 'J ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE AN ORDINANCE REGULATING THE INSTALLATION AND OPERATION OF HOME AND BUSINESS ALARM SYSTEMS WITHIN THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Section 1 DEFINITIONS. A. Alarm Business - means the business by any individual, partnership, corporation, or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed, any alarm system in or on any building, structure or facility. B. Alarm System - means an assembly of equipment and devices, a single device such as a solid state unit which plugs directly into a 110 volt AC line or a group of such devices at a single location arranged to signal the presence of a hazard requiring urgent attention and to which police, fire or health personnel are expected to respond. C. Alarm User - means the person, firm, partnership, association, corporation, company or organization of any kind on whose premises an alarm system is maintained. D. False Alarm - means the activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his employees or agents. False alarms do not include conditions which are beyond the control of the alarm user such as utility line mishaps, tornadoes, thunderstorms, or earthquakes. E. Calendar Year - means the period January 1 through December 31 of each year. Section 2. ALARM USER REGISTRATION REQUIRED. , '--) A. The City of Andover shall require registration of existing alarm systems, for the installation of any new alarm system or the upgrading of an existing alarm system within the City of Andover. B. The alarm business shall be licensed with the State Board of Electricity and the City of Andover and shall be required to complete the alarm registration form for each alarm installed within the City. The City may inspect any installed alarm system. Page 2 Ordinance ~) C. All existing systems shall be subject to the provisions of this ordinance and shall be registered without fee within six months of the enactment of this ordinance. Failure to register the alarm system within six months of the enactment of the ordinance will result in an alarm user's surcharge fee being assessed upon the first and subsequent false alarms at that address until the alarm is registered with the city. D. No alarm user's surcharge fee will be charged for false alarms within the first two (2) weeks after installation. E. When a registered alarm user incurs a third false alarm at an address within a calendar year, the alarm user shall be charged an alarm user's surcharge fee for the system at that address. A separate surcharge fee shall be charged to the alarm user for each subsequent false alarm over three (3) within any calender year. F. The City of Andover shall maintain a record of all alarms installed within the City, including the following information: Alarm Business, property owner, emergency phone numbers and number of false alarm calls to the address within each calender year. G. The Anoka County Sheriff's office shall file a written report of each false alarm with the City Clerk, Upon receipt of the first and second false alarm reports at an address, the Clerk shall, by mail, attempt to notify the alarm user of the provisions of this ordinance. A notice of each false alarm will be left with the alarm user by the Anoka County Sheriff Deputy after each occurance. Upon receipt of a third false alarm report at an address, the Clerk shall notify the alarm user by certified mail that an alarm user's surcharge fee shall be paid after the third false alarm within any calender year. Within twenty-one (21) calender days after receipt of the notice the fee must be paid. The fee amount shall be determined by resolution by the Andover City Council. If the fee is not collected within 90 days after notification, the fee shall be certified to the property taxes for the upcoming year. H. The alarm user shall be required to post alarm monitoring phone numbers in a conspicuous place on the building, if applicable. I. As a property is sold or leased to a new alarm user, the new alarm user is required to register the alarm system with the City of Andover. '\ ,J J. An alarm user which is a governmental political unit shall be subject to this ordinance; but shall be registered without payment of a fee and shall not be subject to revocation, payment of additional fees or the imposition of any penalty provided herein. Page 3 Ordinance ,~ Section 3 DETERMINATION OF THE OCCURRENCE OF A FALSE ALARM, when the Sheriff's Department has determined that a false alarm has occurred at an address, the alarm user at that address may submit a written report to the City Clerk to explain the cause of the alarm activation. If the City Clerk determines that the alarm was caused by conditions beyond the control of the alarm user or the alarm user has not had adequate time to repair the system, the alarm will not be counted as a false alarm at that address. The decision of the City Clerk may be appealed in writing to the Andover City Council. The Clerk shall place the item on the next agenda after receipt of written appeal allowing time for proper publication requirements. The Council shall have the authority to affirm, modify or rescind the decision of the City Clerk. Section 4 ALARM USER INSTRUCTIONS. If an alarm business sells, leases or installs an alarm system located in the City of Andover to an alarm user after the effective date of this ordinance, then the alarm business shall furnish the alarm user with instructions that provide information to enable the alarm user to operate the alarm system properly and to obtain service for the alarm system. Section 5 CONFIDENTIALITY STATISTICS. All information submitted in compliance with this ordinance shall be held in the strictest confidence and shall be deemed non-public data and security information exempt from disclosure pursuant to state statute. Any violation of confidentiality should be deemed a violation of this ordinance. SECTION 6. PENALTY Any person who willfully violates this Ordinance shall be guilty of a petty misdemeanor and upon conviction thereof, shall be punished according to prevailing State Laws. Adopted by the City Council of the City of Andover this day of 1990, CITY OF ANDOVER James E. Elling, Mayor ,_) ATTEST Vicki volk, City Clerk :] , "- '-~ Andover Planning & Zoning Commission 1/09/90 Meeting Minutes Page Two Included are the following changes: City Attorney William Hawkins suggested Section J, page 2 of the ordinance, use the term "register" rather than "permit." Hawkins also suggested the addition of a penalty clause. Revised ordinance includes Section 6 - Penalty. Also included is a person who doesn't register would have first false alarm charged. Pease questioned how a petty misdemeanor would be enforced. Blake replied charge would be forwarded to City Attorney's Office if not paid, as are other zoning infractions. Vistad requested Section 2A be clarified to read "The city of Andover shall require registration for existing alarm systems, the installation of any new alarm system, or the upgrading of an existing alarm system within the City of Andover." Commissioner Peek recommended the second sentence of Section 2E be changed to read "A separate surcharge fee shall be charged to the alarm user for each subsequent false alarm over three (3) within any calendar year." Peek also questioned why penalty for alarm ordinance differs from penalty for other zoning infractions. Pease noted penalty could be upgraded from petty misdemeanor to misdemeanor if necessary. Blake explained that administrative costs were projected based on the number of false alarms anticipated for the upcoming year (350 - 400). The cost for time involved to produce a form letter will be approximately $5.00 - $10.00. Combined with the deputy time to respond to a false alarm (estimated at $30.00) ad ~inistative costs will run from $35.00 - $40.00. Ferris asked what response was received from sheriff in regard to alarm ordinance. Although a copy of alarm ordinance was sent to the Anoka County Sheriff Department, Blake reported there was no response. Commissioner Ferris recommended the last sentence of Section 2G be changed to read "A notice of each false alarm will be left with the alarm user after each " occurance by Anoka County Deputy. The process for collection of fees (not to escalate) is explained in the second paragraph of 2G. commissioner Vistad recommended the alarm user be given 21 calendar days (rather than 10 days) to pay the fee. All commissioners agreed to this change. Pease stated Planning and Zoning Commission should give recommendation to City Council on fee amount based on staff estimate of administrative costs combined cont 'd... Andover Planning and ZoningCommission 1/09/90 Meeting Minutes Page Three with sheriff's estimate of cost to respond. /~ , , '" \ '--.-I Peek recommended second sentence of section 2C be changed to read "Failure to register the alarm system within six months of the enactment of the ordinance will result in an alarm user's surcharge fee being assessed upon the first and subsequent false alarm at that address until registration. I; Commissioner Ferris recommended the surcharge be $40.00 and the registration fee be $5.00. Surcharge be based on the following: Deputy Cost Certified mail Administrative cost $30.00 2.00 8.00 $4~. 00 Registration fee of $5.00 is estimated break even for staff time. Blake explained the actual administrative cost would vary depending on which staff person (relating to their pay scale) registered the alarm user. A varied amount of time would be spent going through ordinance with alarm user and answering questions. Ferris recommends the registration form be drafted before the ordinance is presented to City Council. Blake noted a suggestion was to mail registration form with next newsletter. Newsletter is scheduled for February 1990. Blake also noted the City Council can set a specific effective date for ordinance. Fee can be examined in one year using history of costs involved. Commissioners agreed it would not be necessary to see corrected draft of ordinance before it is presented to City Council. MOTION made by Commissioner Ferris that the Andover Planning and zoning Commission forward for approval to the Andover City Council, the ordinance regulating the installation and operation of home and business alarm systems in the City of Andover. A Public Hearing was held on 12/12/89. Questions were asked but no serious concerns were voiced regarding ordinance as presented at Public Hearing. It is further recommended that City Council consider the following fees: Registration fee of $5.00 and Surcharge fee of $40.00. Second to motion by Wayne vistad. All commissioners favored'motion; MOTION passed. Motion will be forwarded to City Council 2/06/90. Hunting Ordinance Discussion The Andover planning and zoning Commission was asked to review the ordinance regulating the discharge of firearms. ') cont'd... ~ r:J CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING MINUTES JANUARY 09, 1990 The regularly scheduled meeting of the Andover Planning and zoning Commission was called to order by Chairman Rebecca Pease at 7:35 P.M. on Tuesday, January 9, 1990 at the Andover City Hall Offices, 1685 Crosstown Blvd., Andover, MN. Commissioners Present: Chairman Pease, Bev Jovanovich, Ron Ferris, Randal Peek, Gretchen Sabel, Don Spotts, Wayne Vistad Others Present: Jay Blake, Todd Haas, Jim Schrantz Re-appointment of Members Rebecca Pease, Bev Jovanovich, and Randal Peek were sworn in by Jim Schrantz as continuing members of the Andover Planning and zoning Commission. Rebecca Pease was re-appointed as Chairperson for 1990. Approval of Minutes Bev Jovanovich noted a spelling error on page five of the 12/12/89 Planning and Zoning Commission minutes. Error was on last line of seventh paragraph from bottom. Line should read "truck (rather than truch) transfer station." Also noted by Jovanovich was a spelling error on page eight, last line of fifth paragraph from bottom. Line should read "by Bev (rather than Vev) Jovanovich...." MOTION by Don Spotts to approve minutes as corrected of the 12/12/89 Planning and zoning Commission meeting. Second to motion by Wayne Vistad. All commissioners favor motion; minutes of 12/12/89 Planning and Zoning Commission meeting approved. Ed Fields & Sons Lot Split Request The Planning and zoning Commission was requested to table this item until such time the applicant requests it be rescheduled. MOTION made by Commissioner Ferris to table discussion on Ed Fields and Sons Lot Split Request until Mr. Fields requests matter be rescheduled on agenda. Second to motion by Wayne Vistad. All commissioners favored motion; item tabled. " J Alarm Ordinance A Public Hearing regarding alarm ordinance was opened and closed on 12/12/89. A revised alarm ordinance was presented to Planning and Zoning Commission 1/09/90 by Jay Blake. cont'd... DRAFT ALARM REGISTRATION FORM ..J (TO be kept on file at Andover city Hall) DATE: ALARM REGISTRATION i NAME: PROPERTY ADDRESS: DAYTIME PHONE:( P.I.N. NIGHT PHONE: ( ) ** ATTACH AREA MAP INDICATING LOCATION OF PROPERTY ALARM COMPANY (IF APPLICABLE) ADDRESS PHONE ( ) PRIMARY CONTACT PERSON: CONTACT PERSON OR KEY HOLDER INFORMATION (IF APPLICABLE) CONTACT PERSON ADDRESS PHONE ( ) FOR OFFICE USE ONLY: FALSE ALARM 1: NOTICE SENT FALSE ALARM 2: NOTICE SENT \ ATTACH SUBSEQUENT ALARM REPORTS TO THE FILE (INCLUDING BILLING '...../ STATEMENT) . o , o . DRAFT FALSE ALARM NOTIFICATION FORM (TO be left at home by the Sheriff' Deputy) DATE: TIME: ADDRESS: DEPUTY: This form has been left at the above noted address due to a false alarm call at that property. Please contact the City Clerk at Andover City Hall (755-5100) for a copy of the Andover Ordinance #92 Regulating the Operation of Home and Business Alarms. A third false alarm notification will result in the City charging an Alarm User's Surcharge Fee to the property. DRAFT FALSE ALARM NOTIFICATION FORM (TO be left at home by the Sheriff' Deputy) DATE: TIME: ADDRESS: DEPUTY: This form has been left at the above noted address due to a false alarm call at that property. Please contact the City Clerk at Andover City Hall for a copy of the Andover Ordinance #92 Regulating the Operation of Home and Business Alarms. A third false alarm notification will result in the City charging an Alarm User's Surcharge Fee to the property. ,-- '" CITY OF ANDOVER o REQUEST FOR COUNCIL ACTION DATE pohr"i":'Y ~, 1990 ITEM Accept feasibility NO-1' repo~ts, order public;: BY: AGENDA SECTION NO, Discussion Items ORIGINATING DEPARTMENT Engineering The City Council is requested to approve the resolution accepting the feasibility report and order the public hearing for the overlay Project 89-19 Rum River Forest area, 89-26 Lakeridge area, and 89-27 Njordmark-oale area. The City Council ordered the feasibility report by their own motion, that is, without petition to overlay the streets in these three areas of the city. Note: Lakeside Estates is included in the 89-26 report. Lakeside is a newer subdivision with 2" of bituminous surfacing. This part may be removed from project. The streets were paved with a 1" to 1-1/2" of bituminous,material by the developer a number of years ago and during the house construction in these plats, the streets have failed to the extent that they need more than a seal coat to prolong their useful life. In some areas, the subgrade was not properly prepared and the streets have alligatored severely. This appears to be due to some clay under the roadway. please note: 1) Proposed public hearing is at the March 6th regular meeting. continued COUNCIL ACTION '\ '-J MOTION BY TO SECOND BY :-J Page Two 2/6/90 -, , J 2) Revised schedule: Receive report Public hearing Order plans & specs Approve plans & specs Bid date Award bid Start construction Complete construction 2/6/90 3/6/90 3/6/90 4/3/90 5/8/90 5/5/90 6/1/90 8/10/90 3) These are Council initiated projects, so a 4/5 vote is necessary. 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 (OVERLAY), PROJECT NO. 89-19 IN THE RUM RIVER FOREST AREA. WHEREAS, pursuant to Resolution No. R054-88, adopted the 12th day of April, 1988, a Feasibility Report has been prepared by Bonestroo, Rosene, Anderlik & Assoc. for the improvements; and WHEREAS, such report was received by the City Council on the 6th day of February, 1990; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $148,800.00. 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. 89-19, 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 $148,800.00. 3. A public hearing shall be held on such proposed improvement on the 3rd day of March, 1990 in the Council Chambers-Df the City Hall a~7:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 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: James E. Elling - Mayor ,) Victoria Volk - City Clerk 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 (OVERLAY), PROJECT NO. 89-26 IN THE LAKERIDGE LAKESIDE AREA. WHEREAS, pursuant to Resolution No. R054-88, adopted the 12th day of April, 1990, a Feasibility Report has been prepared by Bonestroo, Rosene, Anderlik & Assoc. for the improvements; and WHEREAS, such report was received by the City Council on the 6th day of February, 192Q; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $266,570.00. 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. 89-26, 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 $266,570.00. 3. A public hearing shall be held on such proposed improvement on the 6th day of March, 1990 in the Council Chambers-Qf the City Hall a~7:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 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: James E. Elling - Mayor , , J ~_/ Victoria Volk - City Clerk 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 (OVERLAY), PROJECT NO. 89-27 IN THE NJORDMARK-DALE AREA. WHEREAS, pursuant to Resolution No. R054-88, adopted the 12th day of April, 1990, a Feasibility Report has been prepared by Bonestroo, Rosene, Anderlik & Assoc, for the improvements; and WHEREAS, such report was received by the City Council on the 6th day of February, 1990; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $35,100.00. 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. 89-27, 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 $35,100.00. 3. A public hearing shall be held on such proposed improvement on the 6th day of March, 1990 in the Council Chambers-Qf the City Hall a~7:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 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: James E. Elling - Mayor " "-J Victoria Volk City Clerk , \ ',-- ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE 1O'9Qp'ilr:.r V, l"~O ITEM '0. NO. Ordinance 44 Amendment BY: I ' Jay Blake', Ci ty '.., APPRO'{1 D~OR AGEN[ 'A I , "- Planner BY: AGENDA SECTION NQ Discussion Items ORIGINATING DEPARTMENT / Planning ~ IY I I REQUEST Staff has been asked to present an amendment to Ordinance 44 (Junkyard Ordinance) to prohibit the exterior storage of more than 10 vehicles. In essence, the amendment would require that the business be conducted entirely within a permanent structure. The enclosed draft amendment is just that - a draft. A copy was forwarded to Attorney Hawkins for his review. Also, an amendment to Ordinance 8 would be required to allow the construction of a building on a property with a non-conforming use. A copy of the Ordinance 8 amendment will be available at the meeting. MOTION BY "- ',.J TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA . '\ J ORDINANCE NO. 44 AN ORDINANCE REGULATING AND LICENSING JUNKYARDS DEALERS AND REPEALING ORDINANCE NO, 9. The City Council of Andover does hereby ordain: SECTION 1. DEFINITIONS. Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this ordinance: 1.3 "Junkyard" (Auto Reduction Yard) shall mean a yard, lot or place, eeYefea-ef-~ReeYefeaT-e~~aeefs-ef in an enclosed building, containing junk as defined above, upon which occurs one or more acts of buying, keeping, dismantling, processing, selling, or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, wbe~bef-ef-Re~-~be-~feeeeas- ifem-s~eb-ae~-ef-ae~s-afe-~e-Be-~sea-ief-ebaf~~Y. 1.4 "Junk Dealer" shall mean a person who operates a junkyard, as defined above, within the City. 1.5 Natural Screening shall mean vegetation or topography which, at all times, prevents visual contact with stored materials from neighboring businesses, residences, public roadways or public lands. (12-4-79) 1.6 Security fence shall mean an unclimbable fence with a minimum of 6 eight (8) feet in height. (12-4-79) SECTION 2. LICENSE REQUIRED. 2.1 No person, firm or corporation shall engage in the occupation of junk dealer or operate a junkyard, as defined above, without first having secured a Special Use Permit and a license in a manner hereinafter set forth. SECTION 3. APPLICATION. ", o 3.1 All applicants desiring to secure a license, shall make a written application to the City Clerk, upon forms supplied by the City, accompanied with a fee set by the City Council. 3.2 In addition to the above requirement, the applicant shall file with the City Clerk policies of public liability and property damage insurance which shall remain in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without ten (10) days written notice to the City. Public liability insurance shall not be less than one hundred thousand ($100,000) dollars for injuries including accidental death to anyone (1) person and subject to the same limit for each person in the amount of not less than Q u , , o three hundred thousand ($300,000) dollars on account of anyone (1) accident and property damage insurance in the amount of not less than fifty thousand ($50,000) dollars for each accident and not less than one hundred thousand ($100,000) dollars aggregated. No license shall be granted until said insurance policies have been filed and approved by the City. 3.3 No license shall be issued until the applicant has executed under the City of Andover and deposited with the City Clerk a corporate surety bond approved by the Clerk in the sum of two thousand ($2,000) dollars guaranteeing the compliance with the provisions of this ordinance. Such bond shall remain in force and must be executed for a period of one (1) year except that on such expiration it shall remain in force as to all penalties, claims, and demands that may have occurred thereunder prior to such expiration. 3.4 Applications for a junkyard license shall be filed with the City Clerk and shall be reviewed and subject to approval or denial by the majority vote of the City Council within 60 days of the application date. SECTION 4. GENERAL OPERATING REQUIREMENTS. ard The following general operating requirements shall apply to all junk dealers and junkyards licensed in accordance with the provisions of this ordinance: 4.1 The junkyard, together with things kept therein, shall at all times be maintained in a sanitary condition. 4.2 No space not covered by the license shall be used in the licensed business. 4.3 No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises. 4.4 No junk shall be placed or piled within forty (40) feet of the traveled portion of any public street, walkway, or curb, or allow to be blown off the business premises. 4.5 ~~R*-sAa!!-Ret-eHeeee-teR-f!G+-ieet-iR-Aei~AtT-eHee~t-ieF- sRew-aee~m~!atieR-aRe-sAa!!-Be-aFFaR~ee-te-~eFmit-easy-aeeessite- a!!-j~R*-ieF-iiFe-ii~AtiR~-~~F~esesT Not more than ten (10) junk automobiles or parts thereof may be stored outside of a structure on the property. 4.6 No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises not shall the premises be allowed to become a fire hazard. 4.7 Gasoline and oil shall be removed and disposed of in an approved manner from any scrapped engines or scrapped vehicles on the premises. Page 2 Q "J 4.8 No processing of junk or any other noisy activity shall be carried on in connection with the licensed business on Sunday, any legal holiday, or at any time between the hours of 6:00 P,M. and 7:00 A.M. 4.9 The licensee shall at all times retain on file and shall permit inspection, by a number of the Andover City Councilor it's authorized representative, of the following: a. A copy of the Bill of Sale or Title Card or Dealer's Purchase Receipt as prescribed by Minnesota Department of Public Safety pursuant to Minnesota Statutes, Chapter 168.11, Subd. 2, and or Chapter 168.013, Subd. 6, with motor vehicle serial number contained thereon, for each motor vehicle purchased by the licensee within the previous thirty-six (36) months. (2-5-80) b. The name, address and telephone number of each person who has sold a motor vehicle to the licensee within the previous thirty-six (36) months and attached thereto or filed therewith shall be the license number of the motor vehicle the seller rode in when he/she sold the motor vehicle to be junked and, in addition to the foregoing, information shall be filed containing the description, license number and serial number of the vehicle that was sold to the licensee. 4.10 No junkyard shall be allowed to become a nuisance; no junkyard shall be operated in such manner as to become injurious to the health, safety, or welfare of the community or of any residents close by. SECTION 5. INITIAL LICENSE FEES AND REQUIREMENTS. The initial annual fee to be paid for any junkyard license application shall be set by Council resolution, in addition, (1-5-82) the following requirements shall be met: 5.1 Where junk is kept outdoors, the area shall be enclosed by a solid vertical wall or fence of uniform material and color which is at least eight (8) feet high, as measured from street level, to be erected according to the following schedule: a. Thirty (30) days following the approval of a Special Use Permit for such purpose but prior to the issuance of the Junkyard License, the property owner shall fence the eR~i~e- fl~ellli5e5 area ~ermitted for exterior storage pursuant to the requirements 0 this Ordinance. During the period said license is in effect, the fence shall be kept in adequate repair to comply with' the intent of the ordinance. .~ b. In addition to the fencing requirements, the licensee shall be required to plant a living fence of evergreen trees or other suitable species of plant approved by the City Council. Such living fence shall require trees of at least four (4) feet in height at time of planting and spaced not more than ten (10) feet apart. Such living fence shall be planted by May 1, 1982. Such living fence shall be maintained; any plant which dies or is destroyed shall be replaced by May 1 of the following year. A living fence need Page 3 Q) only be planted on the portion of the property abutting a public street. (2-2-82) o eT--Va~iaReeST ~T--~Ae-€e~Reil-may-~-aR~-a-Ya~iaRee-f~em-~Ae-feRe~R~_ ~~eYisieRs-ef-~Ais-e~aiRaRee-fe~-eRe-ef-~Ae-fellewiR~_ ~easeRsT- aT--~Ae-~e~~ieR-ef-~Ae-~~e~e~~y-wAieAAb~~s-aRe~Ae~_j~R~ ya~aT . BT--~Ae-~e~~ieR-ef-~Ae-~~e~e~~y-wA~eA-Aas-S~ff~eieR~_ Ra~~~al-se~eeRiR~T--A-Ya~~aRee-fe~-Ra~~~al-se~eeRiR~_ we~la-~e~~i~e-a-see~~~~y-feRee-fe~-tAe-~~~~ese-ef_ safetYT--peRe~R~-sAall-Be-ReRelimBaBle-feRee-w~~A-a_ m~R~m~m-ef-6-fee~-~R-Ae~~A~T- ReYeea~~eR-ef-Va~iaRee~--~f-se~eeR~R~-eAaR~es-iR-s~eA-a- maRRe~-~Aa~-s~e~ea-ma~e~~als-eeme-~R~e-Y~ew-ef_Re~~ABe~~R~- ~esiaeReesT-B~siRessesT-~~Bl~e-~eaas-aRa-~~Bl~e-laRase-~~eR~ s~eA-eAaR~e-~Ae-Ya~~aRee-w~ll-Be-~eYekea-~mmea~a~ely_aRa-aR- a~~l~eaR~-Aas-~G-aays-f~em-aa~e-ef-Re~~ee-~e-~~eY~ae_ se~eeR~R~-as-~R-eem~l~aRee-w~~A-~A~s-e~a~RaReeT_ tl~-4-+9+ SECTION 6. RENEWAL OF LICENSE AND REQUIREMENTS. 6.1 The annual fee for any renewal license application shall be set by Council resolution. (1-5-82) 6.2 Before renewal the requirements of this Ordinance shall have been completed. 6.3 The renewal license period shall be from January 1 through December 31 of each year. No fees shall be pro-rated. In 1980, the applicant shall on or before July 1, include a fee of $112.50 for his renewal license. This 1.5 times the fee required in Section 6.1 shall be for a period of July 1, 1980 through December 31, 1981; at which time the fee pursuant to Section 6.1 shall then and thereafter be paid on or before December 31 of each year to cover the operations for the following year. (6-3-80) SECTION 7. INSPECTIONS. I , ~ 7.1 The City Councilor it's duly authorized representatives, shall inspect the junkyard of all junk dealers licensed under this ordinance at least once a year to determine whether such yards are being operated in accordance with the provisions of this ordinance and other applicable provisions of law. One such inspection must have been made within two (2) months prior to renewal of any junkyard license. Q Page 4 IC\ \Y 7.2 premises any time The licensee shall permit inspection of the business by any member or representative of the City Council at during regular business hours. , '\ 'J 7.3 Each junk dealer shall display his license in a conspicuous place on the business premises. SECTION 8. TRANSFERABILITY. 8.1 No license issued under this ordinance shall be transferred or used by any person other than the one to whom it was issued except upon approval of the City Council. As a prerequisite to said approval, the transferee must meet all qualifications required by this ordinance of the original licensee. No junk dealer license shall be used at any location other than the one described in the application and for which it was issued. SECTION 9. HEARING ON GRANTING, DENIAL, RENEWAL, OR REVOCATION OF LICENSE 9.1 a. Any person aggrieved by an Order of the City Council granting, denying, renewing, suspending, or revoking a license for a proposed or existing business or activity subject to the provisions of this ordinance, may file a written request for a hearing before the City Council within ten (10) days after issuance of such order. The City Council shall give notice of a public hearing upon this request to be held in not less than five (5) days after service of the notice on the person requesting the hearing. The City Council may also give notice of the hearing to other persons directly interested in the Order in question. At such hearing, the City Council shall determine whether the granting, denial, renewal, suspension, or revocation or the license was in accordance with the provisions of this ordinance and shall issue a written Finds of Fact, Conclusions of Law, and Order to carry out it's findings and conclusions. Those Findings of Fact, Conclusions of Law, and Order shall be filed with the City Clerk and shall be mailed to all interested parties appearing or represented at said hearing. b. The City Attorney shall furnish such assistance and advice to the City Council as said Council shall request. 9.2 When the City Council determines that the public interest so requires, it may revoke or suspend the license of any junk dealer when it finds, after due investigation and a public hearing, that: a. The licensee/or any of his employees or agents have concealed the receipt of stolen property or have knowingly received stolen property. b. The licensee has failed to comply with the provisions of law applicable to the premises, equipment or operation of the licensed business, --J c. The licensee has obtained his license through fraud or misstatement. Paqe 5 ~.' ~ , , ~ d. The licensed business or activity is being conducted in a manner found to be detrimental to the health, safety, or general welfare of the public or is a nuisance, or is being operated or carried on in any unlawful manner. e. The licensed business or activity has not been operated or carried on for a period of six (6) months, SECTION 10. COMPLIANCE. 10.1 Any person acting as a junk dealer within the City of Andover on the effective date of this ordinance shall have a period of ninety (90) days after such effective date to comply with provisions of this ordinance, SECTION 11. PENALTY. 11.1 Any person violating any provlslon of this ordinance shall be guilty of a misdemeanor as defined by state Law and subject to the penalties thereof. SECTION 12. VALIDITY. 12.1 If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not effect the validity of the remaining portions of this ordinance. SECTION 13. REPEALER. 13.1 Ordinance No.9, adopted November 9, 1971, is hereby repealed. SECTION 14. EFFECTIVE DATE. 14.1 This ordinance shall take effect and be in force upon it's passage and publication as required by law. Adopted by the Andover City Council on the 16th day of January, 1979. CITY OF ANDOVER ATTEST: JERRY WINDSCHITL Mayor PATRICIA K.LINDQUIST Clerk ~) Page 6 :) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE FPhrll",ry;; ,qqn AGENDA SECTION NO, Staff, Committee, ("nmm;C!C!;nn ITEM q. NQ TIF Application proces ORIGINATING DEPARTMENT Planning ,~ Jay Blak~'i ty BY: planner A~f~E) AG N6(l B/ : FOR ./ REQUEST The Andover City Council is asked to approve the enclosed Tax Increment Financing Application Process drafted by the Andover Economic development Committee (AEDC). BACKGROUND The AEDC has met over the past four months to review the current TIF process in the City and has recommended approval of the enclosed application process for Tax Increment Financing Requests. As a staff person, I do feel that the process will assist a developer in knowing what to expect in the way of time frames, expenses, process and the like. However, it is short in one major area: policy direction. The process statement (not policy statement) lacks a clear indication as to what level the City will participate with a particular development. The process does preserve the flexibility desired by the City Council. The process also places additional responsibility on the AEDC to weed out poor applications. I firmly believe that the committee is well equipped to handle this task. I do not feel that the City will be flooded with requests for TIF assistance, however, this process will assist staff in directing staff resources and channeling the requests for TIF assistance. COUNCIL ACTION , '\ \...J MOTION BY TO SECOND BY o TAX INCREMENT FINANCING APPLICATION PROCESS CITY OF ANDOVER, MINNESOTA 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. APPLICATION PROCESS After initial discussion with City Staff, a perspective developer is asked to submit a completed "Application for Tax Increment Financing" form to the Andover City Clerk. The form will include information on the location, type and size of the project. The application will be reviewed by the City Staff for accuracy and appropriateness. After staff review, the application will be sent to the Andover Economic Development Committee (AEDC) for preliminary review at their next regularly scheduled meeting. A fee in the amount of $500 will be paid prior to review by the AEDC to cover costs associated with the review of the proposal. As part of the review process, the AEDC may ask for input from other committees, such as the Road Committee, Planning Commission or other local, regional or state information sources. Upon completion of the project review, the AEDC will make recommendations to the developer. The recommended changes may include, but are not limited to: location or size of the project, amount of TIF participation or the design of project and the effect on future development. The request must receive positive review from the AEDC prior to Council review of the project. CITY COUNCIL APPROVAL Upon completion of the AEDC review, Council shall decide if TIF participation is appropriate within 30 days after completed AEDC review. The Council will direct legal and financial staff to prepare appropriate documents. PROJECT TYPES The City has overall City job creation established a participation potential and priority list for project types. The will be based on the project ranking, overall benefit to the community. () Priority High Medium Low project Type Redevelopment Commercial/Industrial Housing, Senior/Low-income (~ CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE F..hr""r~.' t:.. 1~9/) ITEM /0, NQ Joint Powers Agreement BY: Cindy APPROVED FOR AGENDA ,~ AGENDA SECTION NQ Staff, Committee, ORIGINATING DEPARTMENT Recycling REQUEST The Andover City Council is asked to approve the Joint Powers Agreement with Anoka County. This has to do with Andover's solid waste abatement program, The County has already received our recycling reports that they needed. 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'0 art...... ==; ......0. t-" ==; ...... t-" ...... ...... ...... -..J \D \D , '\ o JOINT POWERS AGREEMENT THIS AGREEMENT made and entered into on , 1989, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF ANDOVER, hereinafter referred to as the "MUNICIPALITY". WITNESSETH: WHEREAS, the County imposes a fee of $2,62 per cubic yard at all mixed municipal waste landfills located within its borders pursuant to Minn. Stat. Section 115A,919 and allocates a portion of said fee and a portion of the service fee imposed at the Elk River Resource Recovery Facility to fund local landfill abatement activities; and WHEREAS, Anoka County has applied for and expects to receive Metropolitan Council funds allocated to Anoka County pursuant to Minn, Stat. ~ 473,8441, Subd, 5 (c), to be distributed using a performance based funding formula for local recycling and composting programs; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals set forth in the Anoka County Solid Waste Master Plan; and WHEREAS, the parties are authorized and empowered to enter into this Agreement pursuant to Minn, Stat. Sections 471,59 and 473.811, Subd. 7. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement recycling and yard waste composting programs in the Municipality. 2. TERM, The term of this Agreement is from July 1, 1989 through December 31, 1989, unless earlier terminated as provided herein. 3. PROGRAM, The Municipality shall perform landfill abatement activities substantially as set forth in the landfill abatement work plans attached as Exhibits 1 and 2, which are made a part of this Agreement. The Anoka County Administrator or his designee shall have the authority to approve modifications to Exhibits 1 and 2 as requested by the Municipality as long as the amount payable under this Agreement for eligible activities set forth in Exhibits 1 and 2 does not exceed the project maximum established pursuant to Section 6 of this Agreement. 4. REPORTING. The Municipality shall submit the following reports to the County no later than January 20, 1990: - '\ , ) ~ A. An accounting of the amount of waste which has been diverted from landfills as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For community yard waste programs, an estimate shall be provided of the number of cubic yards or tons of yard waste brought , " ,~ to a composting site, together with a description of the methodology used for calculations. For recycling programs, documentation shall be provided showing the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation showing that the materials were recycled by the Municipality's residents. B, Information regarding any revenue received from sources other than the County for landfill abatement activities set forth in Exhibits 1 and 2, The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the Metropolitan Council. 5. BILLING AND PAYMENT PROCEDURE, The Municipality shall submit itemized invoices to the County for eligible abatement activities no later than January 20, 1990, Costs not billed by January 20, 1990 will not be eligible for funding, The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 6. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for activities listed in Exhibits 1 and 2 up to the project maximum of $14,140,00 if the Municipality meets certain performance standards, The actual project maximum for eligible expenses listed in Exhibits 1 and 2 shall be computed as follows: A. A base amount including any remaining interim funds totalling $7,820.00 for implementation of a residential recycling program as set forth in Exhibits 1 and 2; B, Up to $4,320,00 at the rate of $36,00 per ton of residential materials recycled between July 1, 1989 and December 31, 1989, by the Municipality or other community programs, drop-off centers or redemption centers to the extent that the Municipality provides documentation acceptable to the County that the recycled materials were recycled by residents of the Municipality; and C, A carryover of funds previously allocated to the Municipality of $2,000,00 to be used for the activities set forth in Exhibit 2. The Municipality may request, and the Anoka County Administrator or his designee may approve in his or her discretion, changes in the line items set forth in said budget so long as the project maximum computed as set forth in this Section 6A is not exceeded, If landfill surcharge monies, Metropolitan Council Grant monies, and other monies collected by the County and allocated to cities and townships for local landfill abatement activities are inadequate to meet the County's allocation to the Municipality under this Agreement, the County may reduce the maximum amount reimbursable under this Agreement after giving written notice to the Municipality, .- "- J 2 ~J 7. RECORDS, The Municipality shall maintain financial and other records and accounts in accordance with requirements of the county and the State of Minnesota, In accordance with Minn, Stat. 9 471.59, Subd, 3, the Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements, Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn, Stat. 9 115A.919 and Minn, Stat. 9 473.8441 for recycling/yard waste composting/waste reduction landfill abatement purposes, The Municipality shall also maintain records of the quantities of materials recycled or composted. All records and accounts shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of payment from the County pursuant to this Agreement. 8. AUDIT. Pursuant to Minn, Stat. 9 168,06, Subd, 4, the Municipality shall allow the County or other persons or agencies authorized by the County, Metropolitan Council and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours, 9. GENERAL PROVISIONS A, In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the Metropolitan Council for the use of funds provided to the Municipality by the County under this Agreement. B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder, The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation, The Municipality further agrees to take affirmative action to include the participation of women and minority business enterprises (W/MBE) in the performance of this Agreement, wherever possible, The Municipality agrees to obtain a Metropolitan Council list of W/MBE's and to make a good faith effort to include participate by W/MBE's and to make a good faith effort to include participation by W/MBE's for any contract to be let in performing the activities contemplated by this Agreement. , "- ---.) C, The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The 3 , ') "-- Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. D, It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. E. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties, F. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all applicable laws, rules, and regulations, G. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. 10. PUBLICATION, The Municipality shall acknowledge the financial assistance of the County and the Metropolitan Council on all promotional materials, reports and publications relating to the activities described in Exhibits 1 and 2. ' 11. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 12. TERMINATION, This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination, If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property oLthe Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. ,-) 4 u \ '-J IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates written below: COUNTY OF ANOKA CITY OF ANDOVER By: Dan Erhart, Chairman Anoka County Board of Commissioners Date: ATTEST: John "Jay" McUnden County Administrator Date: Approved as to form and legality: Assistant County Attorney By: Name: Title: Date: Municipality's Clerk " Date: . , Approved as to form and legality: 1:\PCH\RECYCL89.JPA 1:\PCH\RECYCL89. VAR 5 CJ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE!:'..h""ilr~: G, 1990 ITEM II. NQ CDBG Discussion BY: Planner FOR ORIGINATING Planning DEPARTMENT ,l~ lY AGENDA SECTION NQ Staff, Committee, REQUEST The Andover City Council is asked to discuss the 1988 and 1990 Community Development Block Grant programs. 1988 CDBG PROGRAM DISCUSSION Recent conversations with Anoka County have revealed that the City of Andover has approximately $59,000 remaining in the 1988 CDBG Neighborhood Revitalization program. This does not include the $12,000 received in the sale of the two lots in Nordeen's Addition. In other words, Andover has $71,000 to spend before June 30, 1990. These funds would not be available for carryover to 1990 or 1991 as they run on a three year funding cycle. The City has the ability to transfer these funds into any other existing project (as long as they are expended prior to June 30, 1990) or create a new project that meets the criteria for COBG programs. Also, the City should not be penalized if the funds are not expended, rather, the funds are used county-wide. Any of the following items might be possible uses for the funds: Acquisition of Property Public Facility Improvements (parks, flood improvements etc.) Demolition or Clearance of Structures Neighborhood Improvement Costs Removal of Architectural Barriers Housing Rehabilitation MOTION BY COUNCIL ACTION SECOND BY \ '-../ TO ~-) Page 2 CDBG Discussion February 6, 1990 Options continued, Code Enforcement Costs Historic Preservation Commercial/Industrial Rehabilitation Planning and Capacity Building Costs Special Grants to Community Service Organizations Time constraints might limit options for the City if they chose Commercial/Industrial/Residential Rehabilitation. The fact that no neighborhood in the City has been designated a low/moderate income area, neighborhood improvements would not be possible. Also, historic preservation would not be feasible. After reviewing options for the City staff recommends any of the following options: Acquisition of Property: The City may opt to acquire additional property in or near the existing commercial park. In association with the acquisition the city may also clear the property and prepare it for a new commercial development. I have done some research on available property and will provide additional information at the meeting. Code Enforcement: The City may opt to pay for part of the Zoning Administrator's time and benefits for clean-up efforts in a blighted area of the community. The Council may ask for additional time or pay for part of the existing time (up to 24 hours/week). Any additional time would be temporary through June 30, 1990. This item should be forwarded to the Personnel Commission for further discussion. Planning and Capacity Building: The City could pay for part of the Comprehensive Plan update or undertake specific neighborhood/district planning with these funds. This may also include the completion of a Capital Improvements Plan for the City. We would have to take immediate steps to begin and complete the process prior to June 30, 1990. 1988 PROGRAM SUMMARY , , ) Any of the aforementioned options would be feasible if undertaken immediately. The budget for these projects would vary significantly and would be difficult to estimate at this time. If the funds are not expended one of two events will occur. Either the County will direct the funds into Housing rehabilitation in Andover, or the County will distribute the funds to other communities for Low/Moderate income assistance, \ ~) Page 3 CDBG Discussion February 6, 1990 1990 CDBG PROGRAM DISCUSSION A major portion of the 1990 CDBG program is already committed to the completion of the update of the Andover Comprehensive Plan and Development Framework. this process is approximately four months into the process and we appear to be on schedule for a August 1991 completion. The actual amount of CDBG funding available to Anoka County (and therefore Andover) is subject to some change due to new direction in Washington. We can expect a decrease of between 2% and 8%. We should plan a flexible CDBG program that includes the completion of the Comprehensive Plan update (approximately $20,000). Again, any of the following items would be possible CDBG programs for Andover in 1990, recognizing that we should have in the neighborhood of $12,000 to utilize: Acquisition of Property Public Facility Improvements (parks, flood improvements etc.) Demolition or Clearance of structures Neighborhood Improvement Costs Removal of Architectural Barriers Housing Rehabilitation Code Enforcement Costs Historic Preservation Commercial/Industrial Rehabilitation Planning and Capacity Building Costs Special Grants to Community Service Organizations Staff recommends any combination of the following programs for 1990: Code Enforcement: The City may again opt to pay for part of the Zoning Administrator'S time and benefits for clean-up efforts in a blighted area of the community. This should be forwarded to the Personnel Commission for further discussion. \ '-~ Planning and Capacity Building: The City could pay for part of the Comprehensive Plan update or undertake specific neighborhood/district planning with these funds. This may also include the completion of a Capital Improvements Plan for the City. ,~ Page 4 CDSG Discussion February 6, 1990 Options continued, Public Service Grants: The City may choose to award 1990 grants to public service agencies that serve low to moderate income families or individuals. This process would be similar to that completed last summer. \ ) o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE F..hrll",ry I> 1 QQO AGENDA SECTION NO, Staff, Committee, "'~--'",,,,i~- ORIGINATING DEPARTMENT ITEM /~. NO, Approve Sewer Administration m~~OR BY: / \j BY: ,'l..,"..", F. 1=;,.h.....n+-.,. The City Council is requested to approve the attached resolution establishing the sanitary sewer rates. At the Enterprise (Water & Sewer) Budget meeting the Council increased the rates by $3.50/month/unit. The monthly charges are as follows: $8.00/month Fund A area; and $12.00/month Fund B area. The City Council knows my concern about the refunding to Fund A. COUNCIL ACTION MOTION BY "- 'J TO SECOND BY , '\ '-...../ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ESTABLISHING SANITARY SEWER RATES AND SANITARY SEWER CONNECTION CHARGES, TO BE EFFECTIVE JANUARY 1, 1990 PURSUANT TO ORDINANCE NO. 32, RESOLUTION NO. R68-81, AND COUNCIL ACTION MAY 28, 1987. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to Ordinance No. 32, Resolution No. R68-81, and Council action of May 28, 1987, Sanitary Sewer User Rates and Sanitary Sewer Connection Charges are hereby established to be effective January 1, 1990 as follows: Sanitary Sewer Fund A Connectlon Charges: $8.00/month/unit $698.15/unit connection Sanitary Sewer Fund B $12.00/month/unit $232.79/unit connection $912/acre Sanitary Sewer Area Charges A unit shall be as defined in Ordinance No. 32, or by determination of the Metropolitan Waste Control Commission. MOTION seconded by Councilman City Council at a and adopted by the Meeting this day of , 1990, with Councllmen voting in favor of the voting against, whereupon resolution, and Councilmen said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk , J '0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE February 6, 1990 Fire APPROVED FOR AGEND~ ~..' (,.i\ BY: / Ll / AGENDA SECTION NO. Staff, Committee, Commission ORIGINATING DEPARTMENT ITEM 1.3. NO. Approve Fire Dept. Election D. .1. BY. V' k' ~ \. . 1C 1 Volk ~ The Election Committee hereby submits for your approval, the following newly elected officers for 1990: Fire Chief - Assistant Fire Chief - Secretary - Glenn Smith Dale Mashuga Maris Schilling COUNCIL ACTION MOTION BY ." '\ 0...-/1 TO SECOND BY . '\ "0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION E February 6, 1990 DAT AGENDA SECTION NO. ORIGINATING DEPARTMENT mrl~D FOR By:JfP i/ Staff Committee, Commission Fire BY: Vicki Volk \ \. ITEM I~. NO. Day Rescue Request Representatives of the Day Time Rescue Committee will be present to discuss the possibility of the Rescue Squad beginning day rescues. This would mean that the rescue squad would be on duty 24 hours per day. Daytime fire personnel would then only respond to life threatening situations. COUNCIL ACTION MOTION BY ,", o TO SECOND BY .'~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Fphrn",ry" 1 QQn AGENDA SECTION ORIGINATING DEPARTMENT NO. Staff, Committee, Commiss on Fire ITEM Fire Department NO. /0. Equipment Repair V. Volk :~?J,~ .J; FOR BY: / / The Fire Department's Large Equipment Committee has requested time to discuss the refurbishing of Unit 4886. Costs for this work will be presented at the meeting. COUNCIL ACTION SECOND BY MOTION BY . '\ -J TO .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE February 6, 1990 AGENDA SECTION NO. Staff, Committee, Comm. ITEM NO. /6. Reduce Special Assess- ments/Forfeit Parcel BY: V. Volk APPROVED FOR ::~)~ v ORIGINATING DEPARTMENT Administration Gene Rafferty, Anoka County Land Commissioner, has requested the City Council consider either reducing the assessments or waiving them on a tax forfeit parcel of property. The property is located on 136th Avenue and Poppy street and was assessed under Project 80-3 (PIN 32 32 24 42 0064). According to the County, the special assessments due at this time amount to over $25,000. The city also has $366.00 to bill this property for cleanup costs done by Public Works. At the last land sale, the County did not receive a bid for this parcel and they would like us to consider reducing the assessments to $15,000 or waiving the assessments altogether. The County Assessor has assessed the lot at $20,000. The city could reduce the assessments to $15,000 which is approx- imately the principal and interest from 1982 through 1989 and then reassess the property after it has been sold. According to Bill Hawkins, state Statutes provide for this. A motion will be needed if Council chooses to either reduce the assessments or waive them. V:Attach. Additional Information: The forfeit lot had a lot split approved in 1983 provided the owner provide a survey and pay park dedication. To our knowledge, these items were not satisfied and the lot split hasn't been recorded. The ordinance doesn't provide an expiration period for these lot splits. COUNCIL ACTION MOTION BY "' -J TO SECOND BY \) .... ~ o -Om l>O :0 ^~ ::0 l>l'T1 :ol> m l>O m z o -f l'T1 en . '\ o I I I I - AM?KA co. HWr. T.'OF'.WAY PLAT No../O : .. ..l~ IH....i.~, Ii I II I.....' II ,'l:;O ,.... 'r.lsEsr~ ..+... ! 1 f-<..t)I~"i-'''~ ~..~ ~!'i.!:I , h ., '="!l ~",\~/;t.. I_t':: ..~....., ..~"b~.. .. ~.. :l~~ .,..~~ .. ''''~ --->~ t-:::! s.~ !>'>;~::R' ..5- ~...~ .. ~ fI ....t) ...~ ~~ 1~ 'L~;F",.. ~ ..,,rr$o _ ~ 'Iiiiii: 1I)'..l- "f"''-<3 ~I~~~~ ", " ~.., >~~ ' _~ II a' II t), II C)' , ... _ "1.;>'" ~.s>" ::!!.. t_.. ..~I~.. ..~~~ \ y "J ~~;- .. f--;:;;:::.. ~..oII .. .. I;t:.. .. I~ ..... "'"";l ~ 10 ~ ~...;;; 1 .. 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BACKGROUND This resolution was drafted the by the City Attorney and Bond Counsel. It was reviewed by the Finance Director and several minor modifications were made. The resolution establishes the fund and gives the City Council the authority to expend funds out of three accounts. The first account, known as the public improvement account, is to ~inance the costs of assessable water, sewer and storm sewer improvements. This account would be used on projects that the City intends to finance internally without issuing bonds, The second account, the capital improvement account, is to be used for any capital acquisition. The funds may be either loaned or transferred to another fund or expended directly out of the PIR fund. The third account, the surplus account, can be used for any legal purpose the City Council may desire. The are several conditions put on this fund that the City will need to adhere to. First, all expenditures of funds from the PIR Fund must be approved by Council resolution. Second, excess funds from any debt service fund must be deposited in this fund. This must also be done by Council resolution. The third condition is that the Finance Director and Administrator must report to Council the status of the fund prior to December 1 and include recommendations for the coming year. All three of these conditions are reasonable and good controls for the fund. COUNCIL ACTION MOTION BY '\ '...J TO SECOND BY City Council Meeting February 6, 1990 Establish PIR Fund \ ,~ The Finance Director, City Attorney and Bond Consultant discussed how much should be placed in each account. We believe that the majority of the funds should be placed in the capital improvement account, The following is a estimation of the funds available: Unaudited balance 12-31-89 Estimated interest to be allocated Bond Payments made 2-1-90 Expenses relating to bond call Estimated balance to be transferred to PIR Fund $ 1,803,085,61 125,000.00 (1,443,375.98) ( 8,000.00) $ 472,689,63 It should be noted that this balance is subject to audit and may change slightly, However, it is not anticipated that the change will be great. I would recommend that when inserting the amounts in the resolution, they be worded in such a manner that they can be adjusted without needing further council action. RECOMMENDATION It is recommended that the City Council adopt this resolution this evening. The only items in the resolution that are not complete are the amounts in Section 3,01. Council will need to determine these amounts prior to passing the resolution. It is recommended that council place the majority, if not all, of the money into the capital improvement account. ) '--./ ...Jr-tr'1--::'.L--::;Ot::,;'l ..."'t::.J...I .L-' ,.J RESOLUTION RELATING TO THE PUBLIC IMPROVEMENT REVOLVING FOND OF THE CITY: ESTABLISHING THE FUND: DESIGNATING THE USES THEREOF: AND PROVIDING FOR ITS MAINTENANCE BE IT RESOLVED By the City Council of the City of Andover (City) as follows: Section 1. Background: Findinqs. 1. 01 The City has issued and sold various series of general obligation bonds to finance the cost of various public improvements and other items of a capital nature, which bonds are now outstanding. 1.02 The City has called for redemption and prepayment on February 1 (Redemption Date) the following series of bonds (collectively the Redeemed Bonds): a) General Obligation Improvement Bonds of 1976, Series 1976A~ b) General Obligation Improvement Eonds of 1976, Series 1976B; c) General Obligation Improvement Eonds of 1977~ and d) General Obligation Improvement Bonds of 1990. 1.03 On the Redemption Date there will be available in the debt service funds for the Redeemed Bonds monies not needed for payment of the Redeemed Bonds, which funds are surplus funds within the meaning of Minnesota Statutes, Section 475.61, Subdivision 4, and may be used for any authorized municipal purpose. 1.04 There exist now and there is anticipated to exist in the future balances in the debt service funds for various bonds of the City which are or are anticipated to be in excess of the amounts needed to pay the principal of and interest on those bonds and which amounts are or will constitute surplus funds. 1. 05 The City is authorized by Minnesota Statutes, Chapter 412 and 475 and Section 429.091, Subdivision 7A (COllectively, the Act) to establish a revolving fund to finance the costs of any assessable public improvement or any utility described in Minnesota Statutes, Section 444.075 and 115.46, and to establish such other funds as it deems desirable. ") '----' " -l- JAN-31-90 WED 15:34--- P ---:-121-3 , "- I '~J 1.06 The City Council finds and determines that it is necessary and expedient to the sound financial management of the City to establish a Permanent Improvement Revolving Fund as authorized by the Act to efficiently and economically finance various capital improvements in the City and to utilize for authorized municipal purposes the surpluses described above. Section 2, PIR Fund Established: Sources: Uses. :2.0l There is established as a fund of the City the Permanent Improvement Revolving Fund (PIR Fund). 2.02 The following monies are to be paid into the PIR Fund: a) balances in the respective debt service funds for the Redeemed Bonds remaining after the Redeemed Bonds have been redeemed and paid; b) balances remaining in any construction fund or debt service fund established for an assessable public improvement under Section 429.091, Subd. 4 of the Act when (i) all bonds or other obligations payable from that construction or debt service fund have been redeemed, paid or defeased and (ii) anticipated collections of special assessments and other revenues pledged to a debt service fund for an assessable public improvement are estimated by the City Treasurer to be adequate to produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on bonds issued to finance the improvements for which the fund was established; c) balances remaining in a debt service fund for any other general obligation bonds of the City when those bonds have been redeemed, paid or defeased; d) proceeds of any bonds or other obligations issued by the City pursuant to Section 429.09l, Subd. 7 of the Act; and e) any other monies appropriated to the PIR Fund by the City Council from time to time. 2.03 Monies in the PIR Fund are to be used, subject to the provisions of this resolution, for the following purposes and no other: \ '-J' a) the temporary or permanent financing of the cost of assessable public improvements under Chapter 429 of the Act; -2- ~HN-~~-~~ W~~ 15:30 t-'---;-J..;.1-4 . '\ <) b) the temporary or permanent financing of the costs of ~ater, se~er or storm sewer utilities described in Section 444.075 and 115.46 of the Act; c) loans to other City funds for any purpose other than operating expense; and d) other lawful municipal purposes as authorized in this resolution. Section 3. PIR Fund: Accounts. 3.0l There are to be maintained in the PIR Fund the fallowing accountSI a) rrhe Public Improvement Account:. Monies in this account are to be used to finance the costs of assessable public improvements and water, sewer and storm sewer utilities described in Section 444.075 and ll5.46 of the Act. Into this account are to be paid (1) all special assessments, interest thereon, and prepayments thereof, levied for such improve~ ments, (ii) revenues of the utility so financed and (iii) the proceeds of bonds or other obligations issued to finance the public improvements described herein and payable from debt service accounts in the PIR Fund. The City Treasurer must establish sub- accounts within the account for each public improvement so financed. The initial balance in this account is $ b) rrhe Capital Improvement Account. Monies in this account may be loaned or transferred to other City funds for any corporate purpose other than operating expense. The initial balance in this account is $ c) The Surplus Account. Monies in this accOunt may be used for any authorized corporate purpose. The initial balance in this account is $ Section 4. Procedures I Appropriations. 4.01 Loans, expenditures and transfers from the PIR Fund must be authorized by Council resolution. 4.02 The debt service balances of the Redeemed Bonds remaining after the payment are appropriated to the accounts in the PIR Fund in the respective amounts indicated in Section 3. Other deposits of monies to the FIR Fund must be authorized by Council resolution. " I ~ -3- - r-I 1-... ~ ~ .... - -;;;;0 1:::1 ...... c::. ..1JI ~ ==- ;;; Q '=' ~~ .. '-) -t-"~I::J:::' 4,03 The Finance Director shall prepare and submit to the Council a proposed budget for the PIR Fund, together with the recommendations of the City Administrator for the use of the PIR Fund in the next ensuing year. 4.04 Nothing in this Resolution is to be construed as limiting the discretion of the City Council in financing assessable public improvements Or other public improvements pursuant to any provision of law or this Resolution. Mayor ATTEST; Clerk -4_ ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Fphrl1"ry n 199n AGENDA SECTION NO. N D' . on- 1SCUSS1on ORIGINATING DEPARTMENT Administration APPROVED FOR ::EN9U\ ITEMApprove Res. Establ ishing NQ p . F 8 erm1t ees 1 . BY: Vicki Volk \.~ . The City Council is requested to adopt the attached resolution establishing permit fees and service charges. Changes made include: Well and Septic Locates Ordinance 8 Ordinance 10 New 3o:DO/hr 3.00 2.00 1. 50 1. 00 Old The well and septic locates will be done with our Gopher State One Call System. Ordinance 8 and 10 have increased in size tremendously and we should be charging more than $1.50 and $1.00 for them. COUNCIL ACTION MOTION BY . '\ TO 'J SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. " ..) A RESOLUTION ESTABLISHING PERMIT FEES AND SERVICE CHARGES TO BE COLLECTED BY THE CITY OF ANDOVER AND AMENDING RESOLUTION NO. 029-87 SETTING FORTH SUCH FEES. The City Council of the City of Andover hereby ordains: The following permit fees and service charges are hereby established: PERMIT FEES Certificate of Occupancy Plan Check/Residential Heating Installations Air Conditioning Installations Plumbing (per opening) (minimum fee) On-Site Septic System Installation Sanitary Sewer Installation Septic System Pumping Water Installation (public) Agricultural Building Footing to Grade $ 4.00 20,00 15.00 10.00 4,00 10.00 25.00 25.00 2,50 50.00 5,00 10.00 The permit fee schedule for the Building Department for 1990 shall be as follows: 1. State of Minnesota Building Valuation Data, cost per square foot, dated February 1987. 2, Fees for Commercial Buildings shall be computed on the contract bid price, Plan check fee shall be 65% of the permit fee. 3. Permit fee shall be based on the modified 1982 Uniform Building Code Schedule 3A. (The above fees apply to repairs and alterations requiring inspections as well as all new installations.) SERVICE CHARGES Well & Septic Locate Special Assessment Searches City maps Zoning maps Copies (per sheet) Wage Assignments Ordinance 8 Ordinance 10 All other ordinances Notary Bad check fee $30,OO/hr. 5.00 1. 00 3.00 .20 3.00 3.00 2.00 1. 00 3.00 10.00 Adopted by the City Council of the City of Andover this day of , 19 90 . ~ CITY OF ANDOVER ~-' ATTEST: James E. Elling, Mayor Victoria volk, City Clerk ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION February 6, 1990 AGENDA SECTION NO. Non-Discussion DATE ORIGINATING DEPARTMENT Finance BY: Howard Koolick ~ BY: ITEM NO. /9. Release Escrow/Red REQUEST The Andover City Council is requested to approve the release of escrow pledged by Kenco for Red Oaks Fifth Addition (Project 88-17). BACKGROUND The City received a letter from Kenco on November 14th requesting release of the escrow. (See attached copy of letter). Also attached is a memo from the City Clerk to the City Treasurer verifying that all assessments were paid. The request was held until this meeting to allow the City Council to levy the assessments prior to releasing the escrow. The assessments were levied at the December 19, 1989 meeting. The following is a summary of the activity of this assessment roll: Total amount assessed: Payments: April 20, 1989 October 20, 1989 October 20, 1989 Total Payments Overpayment by Registered Abstractors $297,399.00 6,360.00 207,993.10 83,197.24 297,550.34 $ 151. 34 =========== Payments exceeded the amount assessed because the payments were based on an estimate of the assessments. COUNCIL ACTION '\ '-../ MOTION BY TO SECOND BY o " o CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Shirley canton, Treasurer rl..rk V' vi,..ki Volk . November 17, 1999 ( ....:n-r1 ') Rcd Oak3 "aner 5th ~dditien Asscssments . ' All of the assessments in Red Oaks Manor 5th Addition have been paid in full. They were paid on October 20, 1989. Receipt *'s 32729, 32730, 32731. o ~- ) 2384 136th Ave. N. W. . Andover, MN 55304 .757.4052 Ci ty of Andover' 1689 Crosstown Blvd. NW Andover, MN 55304 November 14, 1989 Dear' Council, We request the release of our certificate of deposit on Red Oaks 5th Addition. The project is complete and all special assessments have been paid. Please release certificate # 410-1050536 and #410-1050657. Sioc '.'Y~ f<ent Roessler' F'resident Kenco Construction o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE F"'hrn"'ry /; 1QQn AGENDA SECTION NO. Non-Discussion ORIGINATING DEPARTMENT Finance Howard Koolick ~ BY: APPROVE FOR AGEN~ ~ BY:~ / ITEM ':<0. NO. Approval of Water and REQUEST The Andover City Council is requested to approve the 1990 Water and Sewer Budgets, A resolution approving these budgets is attached, BACKGROUND At the last meeting the City Council approved the following changes to these budgets: Water Fund Sewer Fund Remove Backhoe from Sewer Fund and Finance it Entirely Through the Water Fund Authorize Transfer from Connection Fund to Sewer Fund Increase Sewer Rates $3.50 Per Month Adjust Estimate of User Fee $(12,500) $ 12,500 1,525 30,500 83,748 These changes have been made and are reflected in the summary amounts on the next page as well as in the approved column on the detailed budgets, ,- '\ MOTION BY TO COUNCIL ACTION SECOND BY '--../ , '\ 'J Revenues: Water Sales Interest Total Revenue Revenues: Sewer Charges Transfer Interest Total Revenue " ) 1990 ENTERPRISE FUNDS SUMMARY BUDGETS $237,525 500 $238,025 =_=-1:1211::1181: $287,857 30,500 1,000 $319,357 ======== WATER FUND Expenses: Source, Storage and Treatment $ 70,800 Distribution 131,035 Administration 36,190 Total Expenses $238,025 . _aa:=__=_ SEWER FUND Expenses: Collection Admini s tra ti on $291,029 28,328 Total Expenses $319,357 ======== o ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -90 A RESOLUTION ESTABLISHING THE 1990 WATER AND SEWER FUND BUDGETS. WHEREAS, the City of Andover water and sewer systems are supported primarily by users through the payment of user fees; and WHEREAS, the City of Andover has the desire and responsibility to appropriately and efficiently manage the use of these fees; and WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice and a proven method for planning and monitoring financial progress. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby establishes the 1990 Water Fund budget as submitted with revenues and expenditures totaling $238,025. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 1990 Sewer Fund Budget as submitted with revenues and expenditures totaling $319,357. Adopted by the City Council of the City of Andover on this day of , 1990. 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"'..:t-:t 1+' I,.,j 14 I ~I ~':.:;(~;~tT~~ _t ~~ : I,~ I~ I I 1 , 10 10 I~ !~i I I I I i i I ':.0 !...., lig r3i ,.; 1_1 I ! , I I ~~ 101 I'~ I 11 I,,;, II I i , I I , L'..! f-"i z. ti 0)1 '.'), ~I h Cj [L, ~,! e:.. C' '- ,,, i-', I I II ,~ I'] I~ I!I I I I,-,j I-I II I 1 GJ U .~ 4- 4- o " ,.., ;: ., a. I.~ ; -' r cr -' ..... ::J o -' cr ..... ~ 0. cr U -' Q !-: r, L:. : O. 'W i~ ~, , ~,"*t" ~r;;i:,: -, ,~, g! .' ~, r. G:: ..J: .....1 :=Ii 01 cr H L!.I U :> c: !..'J Cry ~ !~ ~ I...... Q! I;:! (0. I ~ ~ 'I"~ ~ 0.- i , , if'1 r" is ~ ! H, 0..: cr U -' c: ..... o ..... ..... e'.) l!J Q 100 , 100 I I I 1-::' C- oo .~ - ... I i,-, r,' I:: "' 10 l[) i ... ;"'Ij () t-.. a:;t-- CO '!J ", ,;.::; r';; o o In -.) '" G: ;:'1 " :Jl :.;1 :::J '.0 ,~ ,~ W U :> " !..l! r.lJ ..... i::q ~ _J ~ c: o ..... :-!,., ....) " '.' 0 I ' " 1 m: .....' zl u1j E ~JI '~i ~! eei EI ~ w' " , Q Z ::J LL: '" - ,'1 ~ ; o .-:. '- -::;. f'-, ,~ ~, () 00 Ul " ~ c..C!: ,di !:'2 D x Ili tU +> ' ~-'-' u .) Il' ~ ~ .---.I ~l (0)";":' 5::: i: ::J~ OJ ~, 'J1 ... ..., 100 15 1 i 10 I , 00 OJ f'l '11 :~'J :']< '.::7 i '~'J !:~ !" I I ! i , ":0) C', :'-0 i:~ ,.. ,0 ,,' ~ ~'... ';' '."'J ,.-' I i I , ! I , "-' ; "(~. I~ I ! i. :'.'J '" ,0 I I I I , I , T'J (8 '- "' ~ '.U '" '" ::J CQ E ~ ~ n' Q ::J " _J (I D '- Q ;... c.::; ,- ff' z ~ E Q c: Q '- ~ ....) \..../ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE J4't:lhrll::t1rr Q, 199Q AGENDA SECTION NO. ORIGINATING DEPARTMENT "Tnn,_n~ c:,..."c:c:~ nn Tl-..= ITEM o}/. NO. Accept 157th Lane NW Engineering .{,x\' 'T'nrlrl.T R,.,.c: ::~(~[OR ,J BY: The City Council is requested to approve the attached resolution accepting the final grading and street construction of 157th Lane NW in the South half of the Southwest Quarter of the Southeast Quarter of Section 15-32-24. This was tabled from the last meeting so staff could prepare a resolution. I have talked to Maynard Apel regarding the permanent easement. Maynard has indicated that he would have no problems dedicating the easement, Staff is currently working on these documents for Maynard to sign. ',J MOTION BY TO COUNCIL ACTION SECOND BY o " ,) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE FINAL GRADING AND STREET CONSTRUCTION OF 157TH LANE IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15-32-24, WHEREAS, the street has been constructed to the City of Andover'S specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final grading and street construction of 157th Lane NW. Adopted by the City Council of the City of Andover this day of , 1990. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE li'~nrl1::il 1'"1" (;. 199Q AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. ,;;:< . Approve Resolution/88- / BY: Cros w . Engineering The City Council is requested to approve the resolution adopting the assessment roll for the improvement for storm drainage for Improvement Project 88-1 for certification. The City Council approved the roll last meeting assessing each parcel $100 and asked staff to prepare the resolution. Attached is a memo from Howard discussing how the City will find the $8000 amount that wasn't assessed. Enclosed: Resolution adopting roll. COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. '\ J MOTION by Councilman to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM DRAINAGE FOR IMPROVEMENT PROJECT NO, 88-1 FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of Storm Drainage, Project No, 88-1, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1991 and shall bear interest at the rate of 8.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1992. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3, The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of , 19 voting with Councilmen in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J ATTEST: James E, Elling - Mayor Victoria Volk - City Clerk fl~-:J'.",,:;;",>',,- 0~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304. (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Honorable Mayor and City Councilmembers Jim Schrantz, City Administrator Howard Koolick, Finance Director ~ February 1, 1990 Funding of project 88-1 Unassessed Amount .... At the January 16th City Council meeting, the question was raised if there were unexpended bond proceeds which could be used towards the unassessed amount of $8,012.84. I have reviewed the status of the projects funded with this bond and the available funds remaining. Based on this review, it is my opinion that there are unexpended bond proceeds available to cover this unassessed amount of $8,012.84. Should the City Council desire to use the unexpended bond proceeds, I would recommend a motion be made authorizing the transfer from the construction fund to the debt service fund for this amount. / ) <.) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE It'ch.,.1t::arlF?. 1990 AGENDA SECTION NO. ORIGINATING DEPARTMENT Engineering ITEM eo< 3. NO. Approve Change Order/ Tower 2 BY: The City Council is requested to approve Contract Change Order #2 for Project 88-35, Water Tower #2 in the added amount of $3,067.00. The change order was requested so we can keep the entire system at a higher pressure level and not just the system east of Coon Creek; and so that we can utilize Well #3 and future Well #4 more and at the higher pressure off of Tank #2, Tower #1 will provide lower level reserve for the system and Tower #2 will provide the normal higher level pressure to the entire system and not to just the part of the system east of Coon Creek. We have had pressure complaints near Tower #1 as well in the new area in Bunker Hills, Winslow Hills up to the school, Therefore, we will be operating the entire system at the higher pressure level. I recommend approval. COUNCIL ACTION ~J MOTION BY TO SECOND BY '~~) CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOOATES, INCORPORATED Engineers-Architects- Planners S1. Paul, Minn, January IS. 19212... Comm. No. 9368 Change Order No,-L To Pitt-Des Moines, Inc. for Construction of a 1.000,000 Gallon Elevated Stora~e Tank for City of Andover, Minnesota You are hereby directed to make the following change to your contract dated AUlplst 1. .l2a2. The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (dtlcr-ease)-(not ehangc) the contract sum by Three Thousand Sixty-Seven and 00/100- - - - - - - - - - - - - -Dollars ($3.067.00 ), Change the specified control system so Well Pumps No. 1,2 and 3 are controlled off Tank No, 2 and Tank No. 1 level will only be alanned and recorded per TKDA letter dated November 3, 1989. Add $3,067.00 Amount of Original Contract Additions approved to date (Nos. 1 ) Deductions approved to date (Nos. ) Contract amount to date Amount of tills Change Order (Add) (Dedl1ct) (Net Changed) Revised Contract Amount $ 992,250.00 $ 2.888.00 $ 0.00 $ 995.138.00 $ + 3.067.00 $ 998.205.00 Approved CITY OF ANDOVER, MINNESOTA Owner TOL~G, DUVALL, ANDERSON ~ SO~~D Jt1./Z By Date By White - Owner Pink - Contractor Blue - Office Yellow - Field '\ .J .'0._ ,.;- . "__._', _'_'_~'~~"''''_'__'' _'"'_~.._"._.'_,_ H4._ ,_. _',_ )11 c c .ec:- ~KDA . . TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUilDING SAINT PAUL. MINNESOTA 55t01 5121202-4400 FAX. 612/292.0063 November 3,1989 Mr. Darwyn Witte Pitt-Des Moines, Inc. P.O. Box 1596 Des Moines, Iowa 50306 Re: 1.0 M.G. Elevated Storage Tank Andover, Minnesota Commission No. 9368 Dear Mr. Witte: The plans (Sheet 5 of 5) and the specifications (Section 16760-3) under your contract require that the existing control systems be modified so that Well Pumps 1 and 2 are controlled off Tank No. 1 level ami that Well Pump 3 and future Well Pump 4 are controlled of Tank No. 2 level. This was to be accomplished by providing a new control panel for Tank 2 and relocating the controls for Well Pump No.3 from the existing Tank 1 control panel to the new Tank No.2 control panel. The City has proposed to change the above specified control system so that Well Pump Nos. 1,2 and 3 are to be controlled off Tank No. 2 level and Tank No. 1 level will only be alarmed and recorded. This results in the following changes to the control system: 1. Delete the new control panel for Tank No.2 and all devices thereon. 2. Delete relocating controls for Well Pump No.3 from the existing control panel for Tank No.1 to the control panel for Tank No.2. 3. Remove incoming Tank No. 1 level signal from the D-ill monitor in the existing panel and connect the incoming Tank No.2 level signal to the D-III monitor in the existing panel. This will result in Well Pumps 1,2 and 3 being controlled by the Tank 2 level. 4. Remove the existing single pen chart recorder from the existing panel and furnish and install a two pen recorder, one pen for Tank 1 level and one pen for Tank 2 level. 5. Furnish and install in the existing control panel the required equipment to provide high alarm mmunciation of Tank No. 1 level and indication ofTm1k No. 1 level on the two pen recorder. , I ./ , , 'i '--./ , '\ I '-~ , Mr. Darwyn Witte November 3,1989 Page Two 6. Re-Iabel nameplates and annunciator to reflect above changes. Please furnish a credit cost estimate for change order per the above described change. Please note that we have received shop drawings from Aero Electric for the control system as specified. We will hold these shop drawings pending receipt of your change order quote. If there are any questions, please call. U~-f~ David L. Moore, P.E, DLM/mha cc: Mr. James Schrantz Mr. John Davidson Mr. Tom Kirk Mr. Frank Lane