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Home My WebLink AboutCC May 1, 1990 ~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R A RESOLUTION CERTIFYING TO THE COUNTY AUDITOR FOR COLLECTION, UNPAID SPECIAL ASSESSMENTS. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to Paragraph D of a Development Contract between the City of Andover and the Developers, the following charges on attached Exhibit A, less escrows held, are hereby certified to the County Auditor to be placed on the tax rolls and collected with the 1991 taxes. Adopted by the City Council of the City of Andover this o day of 1990. CITY OF ANDOVER Attest: James E. Elling - Mayor Victoria volk - City Clerk ) EXHIBIT A PHil # PRINCIPAL INTEREST TOTAL \32 24 42 0005 4,308.37 403.03 4,711.40 .1 3,,- 32 24 42 0006 10,816.58 1,011.83 11,828.41 33 32 24 42 0048 9,754.92 912.52 10,667.44 33 32 24 42 0049 9,754.92 912.52 10,667.44 33 32 24 42 0050 10,744.92 1,005.13 11,750.05 33 32 24 42 0051 10,744.92 1,005.13 11,750.05 33 32 24 42 0052 10,744.92 1,005.13 11,750.05 33 32 24 42 0053 10,744.92 1,005.13 11,750.05 33 32 24 42 0054 10,744.92 1,005.13 11,750.05 33 32 24 42 0055 10,744.92 1,005.13 11,750.05 "\ ,~ '\ J \ ) ,-) \ 'J ~. tl > o ,y' n ,\}I ..;P~ ~ ov (- '^;.,' \ \,Jr :/, --~. STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT CASE TYPE: Other Civil ------------------------------ In the Matter of the City of Andover, Minnesota, Special Assessments for Improvement Project No. 87-3B NOTICE OF APPEAL ------------------------------ PLEASE TAKE NOTICE that the following persons are appealing, pursuant to Minnesota Statute Section 429.081, the special assessments assessed against each of their respective properties for the City of Andover, Minnesota, Improvement Project No. 87- 3B: Gerald Windschitl and Carol Windschitl Legal Description or Property Identification Numbers: See Exhibit "A" which is attached hereto and made a part hereof by reference herein. William Rademacher Legal Description and Property Identification Number: Outlot A, Block A, Kensington Estates 3rd Addition, Anoka County, Minnesota PIN No. 27-32-24-33-0072 Doug Johnson Built Homes Legal Description and Property Identification Number: Lot 2, Block l, Kensington Estates 2nd Addition, Anoka County, Minnesota PIN No. 27-32-24-33-004l R.J. Schultz Builders Legal Description and Property Identification Number Lot lO, Block I, Kensington Estates 2nd Addition, Anoka County, Minnesota PIN No. 27-32-24-32-0065 Joseph Kabacinski J Legal Description and Property Identification Number: Lot 9, Block 1, Kensington Estates 2nd Addition, Anoka County, Minnesota PIN No. 27-32-24-32-0064 Dated this I ~ 1" day of fV1 "'u--I , 1990. BABC6cK, LOCHER, NEILSON & MANNELLA By: <:;:( (~~ St/eppen ;J/. Na Attorney I.D. #l5l567 ,(Attorney for Appellants ll8 East Main st. Anoka, MN 55303 (6l20 42l-5l5l ACKNOWLEDGEMENT The Petitioners, by their attorneys, BABCOCK, LOCHER, ,) NEILSON & MANNELLA, hereby acknowledges MINN. STAT. ~549.21, providing that litigants in civil matters may be liable to an opposing party for an award of costs, disbursements and attorney and witness fees in the event that the Court may determine that such an award is warranted pursuant to the provisions of said statute. Dated this lst day of May, 1990. BABCOCK, LOCHER, NEILSON & MANNELLA ~J ~d C'\ /l~, By: )\ 1 I . ( __ S~en J/.:" Nashc Attorney for Petitioners Attorney ID No. l5l567 ll8 East Main st. Anoka, MN 55303 (612) 42l-5l5l \ ) .J ''\ '.J .. STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT CASE TYPE: Other Civil In the Matter of the City of Andover, Minnesota, Special Assessments for Improvement Project No. 87-33 ,PETITION Petitioners, Gerald Windschitl and Carol Windschitl; William Rademacher; Doug Johnson Built Homes; R.J. Schultz Builders; and Joseph Kabacinski, respectively represents and show to the Court: l. That Petitioners Gerald Windschitl and Carol Windschitl are the fee owners of the real property described on the attached Exhibit "A" which is made a part hereof by reference herein. 2. That said Petitioner's property referenced to in paragraph 1 hereof have been assessed by the City of Andover, Minnesota, for Improvement Project No. 87-3B in the amounts shown on the attached Exhibit "A" which is made a part hereof by reference herein. 3. That Petitioner William Rademacher is the fee owner of the following described real property: PIN No. 27-32-24-33-0072 LEGAL DESCRIPTION: Outlot A, Block A, Kensington Estates 3rd Addition, Anoka County, Minnesota 4. That said Petitioner's property referenced to in paragraph 3 hereof has been assessed in the amount of $6,076.67 by the City of Andover, Minnesota, for Improvement Project No. 87-3B. 1. \ ) ,J r -" '-J ~ 5. That Petitioner Doug Johnson Built Homes ls the fee owner of the following described real property: PIN No. 27-32-24-33-004l LEGAL DESCRIPTION: Lot 2, Block l, Kensington Estates 2nd Addition, Anoka County, Minnesota 6. That said Petitioners' property referenced to in paragraph 5 hereof has been assessed in the amount of $474.46 by the City of Andover, Minnesota, for Improvement Project No. 87-3B. 7. That Petitioner R.J. Schultz Builders is the fee owner of the following described real property: PIN No. 27-32-24-32-0065. LEGAL DESCRIPTION: Lot 10, Block l, Kensington Estates 2nd Addition, Anoka County, Minnesota 8. That said Petitioners' property referenced to in paragraph 9 hereof has been assessed in the amount of $474.46 by the City of Andover, Minnesota, for Improvement Project No. 87-3B. 9. That Petitioner Joseph Kabacinski is the fee owner of the following described real property: PIN No. 27-32-24-32-0064. LEGAL DESCRIPTION: Lot 9, Block l, Kensington Estates 2nd Addition, Anoka County, Minnesota lO. That said Petitioners' property referenced to in paragraph II hereof has been assessed in the amount of $474.46 by the City of Andover, Minnesota, for Improvement Project No. 87-3B. 2. \ ) ~ :J ~ COUNT ONE ll. Petititoners reallege paragraphs 1 through ll. l2. That of the above-described special assessments are unauthorized by the applicable Minnesota statutes and are prohibited by Minnesota law. l3. That the past practice and policy of the City of Andover for similar improvement projects has been to not assess properties for the alleged benefit received by this type of improvement. l4. That the improvements pursuant to Improvement Project No. 87-3B were ordered by the City of Andover and were completed prior to the City of Andover changing their policy to allow for the assessment of individual lots to finance said improvement project. l5. That Petitioners relied upon the City of Andover's past assessment policy in not objecting to the improvements ordered in Improvement Project No. 87-3B. l6. That the City of Andover did not adopt a new assessment policy for improvements such as those ordered pursuant to Improvement Project No. 87-3B until the night the assessment roll for Improvement Project No. 87-3B was approved by the City of Andover. l7. That the City of Andover has waived their right to levy the above-described special assessments by their failure to adopt their new special assessment policy and their failure to hold the 3 . ~ necessary hearings pursuant to Minnesota Statute Chapter 429 prior "- ) to the award of the construct contract for Improvement Project No. 87-3B. l8. That since all of the above-described special assessments are unauthorized by Minnesota Statutes and Minensota law, said special assessments must be removed from the City of Andover's assessment roll. COUNT TWO 19. Petitioners reallege paragraphs 1 through l8. 20. That all of the above-described special assessments exceed the amount of benefits each of the above-described parcels of land received from said Improvement Project No. 87-3B. 2l. That pursuant to Minnesota Statute Section 429.05l and '\ .J the appliable Minnesota law, said special assessments cannot exceed the benefits each parcel received as a result of the improvement. 22. That said special assessments, therefore, must be reduced so as to not exceed the benefits each of the above-described parcels of land received. COUNT THREE 23. Petitioners reallege paragraphs 1 through 22. 24. That certain parcels of land that benefited from Improvement Project No. 87-3B were assessed at a flat rate of $lOO.OO per lot regardless of the size of the lot while other lots were assessed based upon an acreage formula. 25. That all of the lots that were benefited by Improvement :_) Project No. 37-3B were the same class of property. 4. . , -~ 26. That the method for computing and determining the assessments for each parcel within Improvement Project No. 87- 3B was arbitrary and unreasonable. 27. That said method for computing and deter~ining the assessments for each parcel within Improvement Project No. 87-3B resulted in some parcels being assessed a flat rate of $lOO.OO per lot while other parcels which were of the same type or class were assessed at the rate of $474.46 per lot, even though many of these parcels are smaller than the parcels being assessed at the rate of SlOO.OO, all of which violates the applicable Minnesota law and Article 9, Section 1 of the Minnesota Constitution. 28. That the City of Andover has assessed similar parcels for similar improvement projects at a lesser rate then the special ,~ assessments levied in Improvement Project No. 87-3B, all of which violates the applicable Minnesota law and Article 9, Section 1 of the Minnesota Constitution. 29. That since all of the above-described special assessments violate Minnesota law and the Minnesota Constitution, said special assessments must be removed from the ,City of Andover assessment roll. COUNT FOUR 30. Petitioners reallage paragraphs 1 through 29. 3l. That the assessment roll for Improvement Project No. 87- 3B was approved by the City of Andover on April 3, 1990. 32. That immediately prior to approving the assessment roll for Improvement Project No. 87-3B, the City of Andover adopted a , ~ ~.~ 5 . .. new and different policy for levying special assessment for '\ ) improvements such as were completed in Improvement Project No. 87- 3B. 33. That said revised policy is as follows: That all parcels of land within the benefited area which are buildable on the date of the ordering of the storm water improvement by the City Council shall be assessed One Hundred and no/lOO ($100.00) Dollars per parcel. All remaining property which is not buildable but for the storm water improvment shall be assessed based upon the special benefit such property receives. 34. That Petitioners' lots were "buildable" on the date that the City of Andover ordered the storm water improvement pursuant to Improvement Project No. 87-3B. 35. That pursuant to the City of Andover's new special assessment pOlicy, Petitioners' parcels, as they existed at the " ; .J time the City of Andover ordered the storm water improvement pursuant to Improvement Project No. 87-3B, cannot be assessed at greater than $lOO.OO per lot. 36. That said special assessments, therefore, must be reduced so as to not exceed the sum of $lOO.OO per lot that existed at the time the City of Andover ordered the storm water improvement pursuant to Improvement Project No. 87-3B. WHEREFORE, your Petitioners pray that a hearing be held to determine whether said special assessments were authorized by law and/or to adjust said special assessments so that they do not exceed the benefits that each of the above-described parcels of land received from Improvement Project No. 87-3B. ) 6. \ J '\, ~ , ) ... Dated this lst day of May, 1990. MANNELLA ACKNOI'lLEDGEMENT The Petitioners, by their attorneys, BABCOCK, LOCHER, NEILSON & MANNELLA, hereby acknowledges MINN. STAT. ~549.21, providing that litigants in civil matters may be liable to an opposing party for an award of costs, disbursements and attorney and witness fees in the event that the Court may determine that such an award is warranted pursuant to the provisions of said statute. Dated this lst day of May, 1990. BABCOCK, LOCHER, NEILSON & MANNELLA ~J'.. /J' ~/ By: /,\ C V I ~t-ep/hen/.:r. Nas ~orney for Petitioners Attorney rD No. l5l567 ll8 East Main St. Anoka, HN 55303 (612) 42l-5l5l 7. '. r PiP'.- NU:71bers 27-32-24-33-0067 :7-32-24-31-0015 \32-24-31-0015 .:, ~32-24-32-0050 2/-32-24-32-00<19 ::- 7 - :; 2 - 2 4 - 3 2 - 0 (1 ,1 S ::7-32-2';-32-0039 -2/-32-24-32-0035 2 -; - 3 2 - 24 - 3 2 - 0 0 3 ,1 2/-32-24-32-0033 27-32-24-32-0031 27-32-24-33-0037 27-22-24-33-0017 27-32-24-33-0016 27-32-24-33-0014 27-32-24-33-0013 2:-32-24-32-0067 27-32-24-32-0071 27-32-24-32-0070 2/-32-24-32-0069 27 - 3 2-::., - 3 2 - 00 6 B 27-32-24-33-0056 , . 1"/ - :. 2 - 2 4 -.3 3 - 0 0 6 3 27-32-24-33-0062 27-32-24-33-0061 2/-32-24-33-0060 27-32-24-33-0059 - ".32 - 2.; - 3 3 - 0 0:; 7 - .~~.~, 000. ..;.. / L. - .!. "..: - _., ""% - ~ ~;-32-24-33-0055 27-32-24-33-0054 27-32-24-33-0053 27-32-24-33-0040 2 "; - 2 2 - 2 .; - 3 3 - 0 0 4 2 27-32-24-33-000 ;::7-32-24-33-0~~4 2:-32-24-33-0045 27-32-24-33-0046 27-32-24-33-0049 ~'7-:L-~4-33-0C50 :7-32-24-33-0051 2"7-32-24-33-C052 27-32-24-33-0055 :;-32-24-34-0034 27-32-24-34-0033 27-32-2~-34-0032 27-32-24-34-0031 27-32-24-34-0021 :7-::2-24-34-0020 : 'i - :.:; 2 - 2 4 - .3 4 - 0019 27-32-24-34-0016 : 7'.32-24-34-0010 27-32-24-34-0009 . ." '- ~, ." 0 0 0 8 ~ ..!-.!.o.:-..J"":%- , 2/~32-24-34-0007 27-32-24-3<1-0006 Leqal Desc~iotions* Lot Lot Lot Lot Lot Lor. Lot Lor. Lot Lot Lot Lot Lot. Lot l.,ot ~ct Lo~ Lot :'ot Lot Lot LCJt. Lot La: Lot I..ot Lo~ Lot. Lot Lot :Sot Lot :Sot Lot I.:ot. La:: Lot Lot Lot i ""'~ ~~'- Lot Lot Lot Lot Lc:: "I' _.... .;..JU _ Lo:. Lot Lot Lot. Lot Lot Lot Lot Lot Lo~ 2, Block 5, 9, Block l, Bloc~ I, Block I, Block l, 310ck 1, Block l, Block 1, Block I, Block l, Block l, a "' 3, 3 , 3 , 1 - , 12, 15, l5, l4, 13, 1 - , la , , 1 3 , 12, 1 ' _J.., lOt B, l, 4 , 5, 6 , 7 , l8, 1 , ? - , 8 , 39, 36, 37, 25, 24, 23, 22, 20, ~ -' , ~31ock 5, Block 4, Block 2, Block 310ck Blo:::k Elock Block Block 310ck Bloc)~ Bloc}: BlocY.. Elock 310ck Block Bloc!: Block 7, Elock 5, Block 4, 510ck 1, Block ~ -' , Bleck Block Bleck Block Block :Slock Block "'. . ....1 OC:.~ .::;, Elock 6, Block 4, Bleck 3, Block 2, Block l, Block 7, Block 6, Eloci: 5, Block 2, Block 6, Elock =-, Block 4, Block .), Block 2, Sloek Kensington Estates 3rd Addition 7he Oaks The Oaks Kensington Estates Kensington Estates Kensington Estates Kensington Estates Kensington Estates Kensington Estates Kensington Estates Kensingr.on Estates Kensington Estates Kensington Estates Kensington Estates Kensington Estates 3, Kensington Estates I, Kensington Estates 2nd l, Kensington Estates 2nd l, Kensington Estates 2nd l, Kensington. Estates 2nd 1, Kensington Estates 2nd 5, Kensingtcn Estates 3=0 2, Kensington Estar.es 2nd 2, Kensington Estates 2nd 2, Kensington Estates 2nd 2, Kensingto~ Estates 2nd Addition 2, Kensington Estates 2nd 2, Kensington Estates 2nd 1, Kensington Estates 3rd 2, Kensington Estates 2nd 2, Kensington Estates 2nd 2, Kensington Estat2s 2nd 1, Kensin9to~ Estates 2n~ 1, }~ensington Estates 2nd l, Kensington Estates 2nd I, Kensington Est~~es 2nd 1, Kensin;~on Estctes 2~d Acd:tio~ 1, Kensing~c~ Estates 2nd Addition 1, ^e~sington Estates 2nd Addition 2, l<ensingto~ Esta=es 2nd 2, Kensington Estates 2nd 2, Kensington Estates 2nd 2, Kensington Esta~es 2nd 4, };ensington Estates 3~d 4, Kensington Est~tes 3~d 4, Kensi~gton Est~tes 3=0 ~, Kensingto~ Esta~es 3rc Additic~ 2, Kensington Es~a~es 3~~ Adci~ion 2, Ke~sinston Est2Les 2rd Ad=i~ioD 2, Kensington ES~CLes ~=a Acdition 2, Kensington Es~aLes 3rd Additio~ 1, Kensing~on Es~~~es 3rc Addition 1, Kensin;~on Estates 3~d Acji~ion 1, Kensington Estates 3rd AdditlO~ 1, Ke~singto~ Estates jr= A=cltion I, Kensi~g~on ESLa~es j=~ Ad~~tion *All property is located in Anoka County, Minnesota Exhi!:Jit "iO." Adcition Addition Addition Addition J..ddi tion Addition Addition Addition Adc.ition Addition l~ddi tion Adcition Ad6itio:1 AC:1ition AdeE :.ion ;'.ddi tion Adc.ition Addition 1-.odi tion AI::a i ti on Additio:1 ;.doi tion Addition Addition Adciit:lon fI.dci tion Amount Assessed $474.46 $lOO.OO S100.00 $474.46 $474.46 $332.12 $ 99.64 $474.46 $474.46 5474.45 5213.51 $.ll8.6l 5237.23 5223.00 $223.00 $ 80.66 $474.46 5474.46 5474.46 $474.46 $474.46 S474.46 $474.46 $474.46 5474.46 5474.46 $474.46 $474.40 5474.46 $474.46 $474.46 $474.46 $474.45 $474.46 $474.<15 $474.46 5474.46 $474.46 $474.46 5474.46 5474.46 $474.45 5474.46 $l80.29 $237.23 5204.02 S298.9l 5474.46 $474.46 $474.46 547';. <16 $161.32 5185.04 5474.46 $474.45 $474.46 ..-k'" ~~ .'f ~ .' NORTHWEST REALTY RESIDENTIAL-LAND-COMMERCIAL 708 Main Street Suite 3 Elk River, Minnesota 55330 (612) 441-6600 PURCHASE AGREEMENT This form approved by the Minnesota Association of REAlJORS": Minnesota Association 01 REALlORS" disclaims any liability arising out of use or misuse of this form. 1. Date Avril 30. 1990 2. Page 1 of 3 Pages , '\ './ ,J 3. RECEIVED OF Northwest Steel Fabricators. Inc. 4. the sum of One Thousand ------------------------------------------ Dollars ($1 J 000 00 ) 5. by(CHECKJcASH-NOTE as earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on or (Circle one) 6. before the next business day after acceptance, In a trust account of listing broker but to be retumed to Buyer If Purchase 7. Agreement Is not accepted by Seller. Said earnest money is part payment for the purchase 01 the property located at: 8. Street Address: League to Govern 9. City of . County of , State 01 Minnesota, 10. Legally described as: Lots 2 & 3, Block 3 Andover Commercial Park. 11. City of Andover. Countv of Anoka. MN 12. including the following property, if any, owned by Seller and used and located on said property: garden bulbs, plants, shrubs, and 13. trees; storm sash, storm doors, screens and awnings; window shades, blinds, traverse and curtain and drapery rods; attached lighting 14. fixtures and bulbs; plumbing fixtures, water heater, heating plants (with any bumers, tanks, stokers and other equipment used in 15. connection therewith), central air conditioning equipment, electronic air filter, Water Softener OWNED , ~~~JJD ~ONE) built-in humidifier 16. and dehumidifier, liquid gas tank and controls (if the property of Seller), sump pump; attached television antenna, cable TV jacks 17. and wiring; BUILT-INS: dishwashers, garbage disposals, trash compactors, ovens, cook top stoves, microwave ovens, hood fans, 18. intercoms; ATTACHED: carpeting; minors; garage door openers and all controls; smoke detectors; fireplace screens; doors and 19. heatolators; AND: the following personal property: None - Land on1 y 20. 21. 22. all 01 which property Seller has this day agreed to sell to Buyer for sum of: ($ 70.000.00--------------------------:)- 23. Seven t y Th 011 R'" n rl---------------------------------------______________-------Owwo Dollars. 24. which Buyer agrees to pay in the following manner: Eamest money of $ 1 ,nnn nn 25. and $ 69.000.00 cash on or before Sevtember 1. 1990 , thedateofclosing,and 26. the balance 01 $ ------ by financing in accordance with the attached addendum: ZT. Conventional FHA VA Assumption Contract for Deed Other: Cash {c,rclealltNJIl!ppIy' 28. This Purchase Agreement IS ,.<sNOflcontingent upon the sale of another property. (II answer is IS, see attached addendum.) (c~ 29. Attached are other addenda which are made a part of this Purchase Agreement. (Enter page or pages on line 2) 30. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a Warranty Warranty Deed 31. joined in by spouse, if any, conveying marketable title, subject to: 32. (A) Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use or improvement 01 the property without 33. effective Iorfenure provisions; (q Reservation 01 any mineral rights by the State of Minnesota; (D) Utility and drainage easements which do not 34. interfere with existing improvements; (E) Rights of tenants as follows (unless specified, not subject to tenancies): N / A 35. 36. (F) Others (Must be specified in writing): ~ TITlE & EXAMINATION: Seller shall, within a rea9JI1ab1e time after acceptance of this agreement, fumish an abstract of title, or a registered 38. property abstract, certified to date to include proper searches coverinq bankruptcies, state and federal judgments and liens, and levied and 39. pending special assessments. Buyer shall be allowed 10 business days after receipt 01 abstract for examination of tnle and making any objections 40. which shall be made in writing or deemed waived. If any objection is so made, Seller shall have 10 business days lrom receipt of Buyer's written 41. tnle objections to notify Buyer of Seller's intention to make tnle marketable within 120 days from Seller's receipt 01 such written objection. If notice 42. is given, payments hereunder required shall be postponed pending correction 01 tnle, but upon correction of title and within 10 days after written 43. notice to Buyer the parties shall perform this Purchase Agreement according to its terms. If no such notice is given or if notice is given but 44. title is not corrected within the time provided for, this Purchase Agreement shall be null and void, at option of Buyer; neither party shall be liable 45. for damages hereunder to the other and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign cancellation of Purchase 46. Agreement. Buyer agrees to accept an owner's title policy in the full amount of the purchase price in lieu of an abstract of tnle if the property 47. is subject to a master abstract or if no abstract of title is in Seller's possession or control. If Buyer is to receive such policy (1) the tttle examination 48. period shall commence upon Buyer's receipt of a current title insurance commitment and (2) Seller shall pay the entire premium for such policy 49. if no lender's policy is obtained, and only the addnional cost 01 obtaining a simultaneously issued owner's policy if a lender's policy is obtained 50. (Buyer shall pay the premium for the lender's policy). 51. REAL ESTATE TAXES shall be paid as follows: 52. Buyer shall pay, prorated from day of closina, L12ths, all, none real estate taxes due and payable In the year 19....2L. I_J J 53. Seller shall pay, prorated to day of closin!!. R12ths, all, none real estate taxes due and payable in the year 19...2L. In the event (drcIe'OO8l 54. the closing date is changed, the real estate taxes paid shall, il prorated, be adjusted to the new closing date. Seller warrants 55. taxes due and payable in the year 19 90 will be FULL-PARr-NON -homestead classification. In the event 19 91 real estate - (cilt::leone~- 56. taxes are part or non-homestead classification, Seller agrees to pay Buyer at closing $ N I A toward the non-homestead 57. portion of the real estate taxes. Buyer agrees to pay any remaining balance of nOrHlomestead taxes when they become due and payable. 58. Netther Seller nor Agent(s) make any representation conceming the amount of subsequent real estate taxes. 59. SPECIAL ASSESSMENTS shall be paid as follows: 60. BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING tSELLER SIiALL PAY ON DATE OF CLOSING) all installments of (cirdltOl1lll) _ 61. speCial assessments certified for payment with the real estate taxes due and payable in the year of closing. 62. BUYER SHALL ASSU~ /(SELLER SHALL PAVon date 01 closing all other special assessments levied as of the date of closing. 63. BUYER SHALL ASSUME tSELLE~_~.!!~LL PROVIDE FOR PAYMENT ~special assessments pending as 01 the date of closing ro; 64. improvements that have been ordered by the City Councilor other assessing authorities. (Seller's provision for payment shall be by payment into 65. escrow of 2 times the estimated amount of the assessments, or less as required by Buyer's lender.) 66. BUYER SHALL ASSUME LtELLER SHALL PAiln date of closing any deferred real estate taxes or special assessments payment of which is (cr.:tII_. fiT. required as a resu~ of the closing of this sale. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any 68. unpaid special assessments payable therewith and thereafter, the payment 01 which is not otherwise provided. 69. POSSESSION: Seller shall deliver possession of the property not later than 3 Days after closing. 70. All interest, homeowner association dues, rents, fuel oil, liquid petroleum gas and all charges lor city water, city sewer, elerrtJicity, and natural 71. gas shall be prorated between the parties as of Date of Closing . 72. Seller agrees to remove ALL DEBRIS AND AlL PERSONAL PROPERTY NOT INCLUDED HEREIN from the property by possession date. /". "':,.:-- .. ... 11IUI\ t I H.LJ I HLHL.' RESIDENTIAL-LAND-COMMERCIAL 708 Main Street Suite 3 Elk River, Minnesota 55330 (612) 441-6600 PURCHASE AGREEMENT 73. Date April 30. 1990 74. Page 2 of 3 Pages ,) , ./ 75. SUBDIVISION OF LAND: If this sale constitutes or requires a subdMsIon of land owned by Seller, Seller shall pay all subdivision expenses 76. and obtain all necessary govemmental approvals. Seller warrants the legal description of the real property to be conveyed has been or will 77. be approved for recording as of the date of closing. 78. GENERAL WARRANTIES: SELLER WARRANTS THAT THE BUILDINGS, IF ANY, ARE ENTIRelY WITHIN THE BOUNDARY UNES OF THE 79. PROPERTY. SELlER WARRANTS THAT THERE IS A RIGHT OF ACCESS TO THE PROPERTY FROM A PUBUC RIGHT OF WAY. THESE eo. WARRANTIES SHALL SURVIVE THE DEUVERY OF THE DEED OR CONTRACT FOR DEED. 81.SELLER WARRANTS THAT PRIOR TO THE CLDSING PAYMENT IN FULL WILL HAVE BEEN MADE FOR ALL LABOR, 82. MATERIALS, MACHINERY, AXTURES OR TOOLS FURNISHED WITHIN THE 120 DAYS IMMEDIATELY PRECEDING THE ClDSING 83. DATE IN CONNECTION WITH CONSTRUCTION, ALTERATION OR REPAIR OF ANY STRUCTURE ON OR IMPROVEMENT TO THE 84. PROPERTY. 85. SELLER WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY GOVERNMENTAL AUTHORITY AS TO VIOLATION 00 OF ANY LAW, ORDINANCE OR REGULATION. IF THE PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS, SELLER WARRANTS fIT. THAT SelLER HAS NOT RECEIVED ANY NOTICE FROM ANY PERSON OR AUTHORITY AS TO A BREACH OF THE COVENANTS. ANY 88. NOTICES RECEIVED BY SELLER WILL BE PROVIDED TO BUYER IMMEDIATELY. 89. SPECIAL WARRANTIES EXCEPT AS NOTED ON REAL ESTATE TRANSFER DISCLDSURE STATEMENT: 90. SEUER WARRANTS THJlJ THE PROPERTY IS DIRECTLY OONNECTED 10: CITY SEWER IiIYES DNO CITY WATER GiYES DNO. 91. SEUER WARRANTS THAT ALL APPLIANCES. HEATlNG, AIR OONDmONING, WIRING AND PLUMBING SYSTEMS USED AND LOCATED 92. ON SAID PROPERTY WILL BE IN PROPER INORKING ORDER ON THE DATE OF CLOSING. BUYER HAS THE RIGHT 10 INSPEcr 93. PROPERTY PRIOR 10 CLOSING. BUYER ACKNONlEDGES THJlJ NO ORAL REPRESEN1JlJlONS HAVE BEEN MADE BY EITHER SEUER 94.0R AGENT(S) REGARDING POSSIBLE PROBLEMS OF WATER IN BASEMENT, OR DAMAGE CAUSED BY WATER OR ICE BUIlJ).lJP 95. ON THE ROOF OF THE PROPERTY AND BUYER RELIES SOLELY IN THAT REGARD ON THE FOLLOWING SlJIJEMENT BY SEUER: 96. SEUER HAS I HAS NOT HAD A WET BASEMENT, AND HAS I HAS NOT HAD ROOF, WALL OR CEILING DAMAGE CAUSED BY - (adlton&' - - (cin::IlI one) - 'JT. WATER OR ICE BUIlJ).lJP' (If answer is HAS, see Seller's explanation on the real estate transfer disclosure statement, if applicable.) Buyer 98. HASlHAS NOT received and accepted a real estate transfer disclosure statement. (If answer Is HAS NOT, Buyer relies solely on Buyer's ) 99. own I~on of the property and the wananties of Seller expressly set forth In this agreement.) BUYER HAS RECEIVED THE TRUTH l00tN HOUSING INSPECTION REPORT, IF REQUIRED BY MUNICIPALITY. 101. BUYER & SELLER INITIAL: Buyer(s) N / A Seller(s) N / A 102. RISK OF LDSS: If there is any loss or damage to the property between the date hereof and the date of closing, for any reason Including 103. fire, vandarlSm, flood, earthquake or act of God, the risk of loss shall be on Seller. If the property is destroyed or substantially damaged before 104. the closing date, this Purchase ~reement shall become null and wid, at Buyer's option, and earnest money shall be refunded to Buyer; 105. Buyer and Seller agree to sign cancellation of Purchase ~reement. 106. BUYERlSELLER ARBITRATION SYSTEM: 107. ANY CLAIM OR DEMAND OF SELLER(S), BUYER(S), BROKER(S) OR AGENT(S), OR ANY OF THEM, ARISING OUT OF OR RELATING 108. TO THE PHYSICAL CONDITION OF THE PROPERTY COVERED BY THIS PURCHASE AGREEMENT (lNCWDING WITHOUT 109. UMITATION CLAIMS OF FRAUD, MISREPRESENTATION, WARRANTY AND NEGLIGENCE), SHALL BE SETTLED BY ARBITRATION 11o.IN ACCORDANCE WITH THE RULES, THEN IN EFFECT, ADOPTED BY THE AMERICAN ARBITRATION ASSOCIATION AND THE 111. MINNESOTA ASSOCIATION OF REALTORS~ THIS IS A SEPARATE VOWNTARY AGREEMENT BETWEEN THE PARTIES AND 112. BROKERS/AGENTS. FAIWRE TO AGREE TO ARBITRATE DOES NOT AFFECT THE VAUDITY OF THIS PURCHASE AGREEMENT. 113. THIS DISPUTE RESOWTION SYSTEM IS ONLY ENFORCEABLE IF ALL PARTIES AND BROKERS/AGENTS HAVE AGREED TO 114. ARBITRATE ;;;.,~~ . ~~GED BY INITIALS BELDW. 1>f15. BUYER(S) / - J ER(S) USTING BROKER/AGENT SELUNG BROKER/AGENT 116. TIME OF ESSENCE: ~ is of the essence in this Purchase ~reement. 117. ENTIRE AGREEMENT: This Purchase ~reement, any attached exhibits and any addenda or arnendments signed by the parties, shall constitute l1a the entire agreement between Seller and Buyer, and supercedes any other written or oral agreements between Seller and Buyer. This Purchase 119. ~reement can be modified only in writing signed by Seller and Buyer. 120. ACCEPTANCE: Buyer understands and agrees that this Purchase ~reement is subject to acceptance by Seller in writing. ~ents are na 121. liable or responsible for any covenants, obligations or warranties made in this Purchase ~reement, except the agents are liable to retum or 122. account for the earnest money and to arbitrate, if so agreed. The delivery of all papers and monies shall be made at the listing broker's office. 123. DEFAULT: If title is marKetable or is corrected as provided herein, and Buyer difuul1s in any of the agreements herein, Seller may tenninate 124. this Purchase ~reement' and payments made hereunder may be retained by Seller and ~ent, as their respective interests may appear. 125. This provision shall not deprive either Buyer or Seller of the right to recover d8f,ll?ges for a breach of this agreement or of the right of specific 126. perfonnance of this agreement, provided this Purchase ~reement is nct terminated, and further provided, as to specific perfonnance, such 127. action is commenced within six months after such right of action arises. 128.AGENCY DISClDSURE: Michael tv. Learv STIPULATES HE OR SHE IS REPRESENTING (SolIing1qlnt) 129. THE Buver IN THIS TRANSACTION. THE USTlNG AGENT OR BR 1:Jl REPRESENTING THE SELLER IN THIS TRANSACTION. BUYER & SELLER INITIAL: Buyer(s) 131.1, the owner 01 the property, accept this agreement and authorize 132. the listing broker to withdraw said property from the market, 133. unless instructed otherwise in writing. 137. (Sollor'. PrinIed Name) I agree to purchase the property for the price and on the tenns and conditions set forth above. ': ~~~ (r:etFS) (Date) ~ \ ~tlL. c:: O~'L L dAl '~f:'/1l:~ f/// " SignaIuru , -r.tYtJ/YTIl(;1 fJ/l..loJ (M_ Status) (~'. Printed ~eme) ~~ (M- S1eIuo) SELLING AGENT ~~ THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER' AND sa. - IF YOU DESIRE LEGAl OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL (0010) 134. (SelIor'. Signalln) 135. (SelIo<'. _ Name) (M_Stalusl 136. (SelIo<'. S;gnaure) (Date) (MarilaI S1eIuo) ~ /t (:~ , Date) 138. DATE OF FINAl ACCEP'r.'oNCE 139- 140. MN:PA (&'88) 35. (50110'1 36. (Seller) 'J7. 38. MN:APA (5188) ~.. / 5. 6. 7. 8. 9. 10. 11, \ 12. J 13. 14. 15. I 16. 17. 18. 19. 20. 21. 22. 23. 24. r ;25. '--- ~. 26. 27. 28. 29. 30. 31. 32. 33. 34. NORTHWEST REALTY RESIDENTIAL-lAND-COMMERCIAL 708 Main Street Suite 3 Elk River, Minnesota 55330 (612) 441-6600 ADDENDUM TO PURCHASE AGREEMENT BLANK This form approved by the Minnesota Association 01 REALlORS"': Minnesota Association 01 REALlORS'" disclaims any liability arising out 01 use or misuse 01 this lorm. 1. Date April 30. 1990 2. Page 3 of 3 Pages 3. Addendum to Purchase Agreement between parties dated April 30 , 19~ pertaining to the purchase 4. and sale of the property al Lots 2 & 3. Block 3. Andover Conmercial Park. Ci ty of Andover. Countv of Anoka. MN. Purchase shall be sub; ect to sellers exceptance and approval of proposed buildinq plans and issuance of a buildinq permit. Purchase shall be sub;ect to a letter of cammittment to be issued by lender wi th terms sui table to buyer. Seller aqrees to remove all test wells from sub;ect property. Seller aqrees to fill. level and properly compact to 95% proctor. the drainaqe ditch currently existinq at the property line and dividinq lots 2 & 3, Block 3. If qround contariJination is found on the premises, the seller shall correct such condition to the satis'faction of, the Pollution Control Aqencv, and any other state or local requlatorv body without cost to buyer. Declaration of covenants, conditions and restrictions containinq 11 items on record with the county recorder shall apply. (Date) (Dal.) (Buya~ THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER~ ELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. @ ) , \ ) *************************************************~************** ~~************************************************************~* ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** :: WHAT'S HAPPENING? :: ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** :: May 1, 1990 :: ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ - The City of Andover Recycling Program has ** ~~ ** ~~ received a $2,250 yard waste reduction grant ** :: from Anoka County. Cindy has just received a :: ~~ contract from "On Land Environmental ** :: Opportunities" to haul leaves and yard waste for :: :: land spreading. A copy of the contract was :: ~~ forwarded to Bill Hawkins for comment. The ** :: first neighborhoods to receive this pilot :: :: program are the Grow Oakview Estates and :: ~~ Russell-Stack neighborhoods. Additional ** :: neighborhoods will be offered this service :: ~~ during the fall. ** ~~ ** ~~ ** :: - Recognition Event for Earth Day, 1990. Please :: ~~ read the attached invitation to a special event ** :: at 10: 00 A.M. May 5th at the Anoka County :: ~~ Fairgrounds. Andover is eligible because of our ** ~~ ** ~~ recycling program. We have responded that one ** :: or two of the Councilor staff will attend. :: ~~ Please contact me if you will be attending. ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~.jc ** ~.jc ** ~~ ** ~~ ** ~.jc ** ~.jc ** .jc.jc ** ~~ ** ~~ ** ~.jc ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~.jc ** ~~ ** .jc~ ** ~~ ** ~~ ** ~~ ** ~:************************************************************~: ~~~~~~~~~~~~~~.~....~.~......................................... . II C 0 U N TY OF ANOKA Offier of II", Coullty Board of Commi5siollrrs COURTHOUSE ANOKA. MINNESOTA 55303 612-421-4760 April 18, 1990 TO: Organizations, Businesses, Churches, Schools, Individuals RE: Recognition Event for Earth Day, 1990 Earth Day/Arbor Day 1990 Celebrations are occurring throughout the county this spring with some very exciting results, including a renewed appreciation for the world in which we live. The Anoka County Board of Commissioners would like to recognize the efforts you and/or your group has made in working together to protect our earth. We would like to invite you to participate in a special event at 10 a.m. on May 5, 1990, at the Anoka County Fairgrounds. At that time you and/or your group will be recognized with Earth Day/Arbor Day certificates from Anoka County and later you will receive certificates from the Governor's Office. The event will conclude with a tree planting ceremony and refreshments. .. .- ..........., '.'-' -,. If you would like to be a part of this fun and exciting event, please fill out the enclosed form by April 30th and return it to the Anoka County Board of Commissioners at the Anoka County Courthouse, 325 E. Main, Anoka, MN 55303. We look forward to hearing about the variety of Earth Day/Arbor Day 1990 activities '..vhich have and v:ill be occurring. It \vill be cur pleasure to recognize these efforts on May 5th. We hope to see you there! The Anoka County Board of Commissioners '\ .J DATE: May I, 1990 , ) ITEMS GIVEN TO THE CITY COUNCIL Park and Recreation Minutes (4-19-90) Regular City Council Minutes (4-17-90) Feasibility Report Lot 1 Watts Garden Acres 90-6 Water Restriction Notice Letter from Robert Hutchison (4-17-90) Board of Review Minutes (4-12-90) Planning & zoning Minutes (4-10-90) Memorandum from Terry O'Connell PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. ~ THANK YOU. "J CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Cit Council James E. Schrantz, Public Works Director 1990 Waterinq Restrictions Watering restrictions for the City of Andover go into effect May l, 1990 and continue through September l, 1990. The "Odd-Even" procedure will be used. We have informed the television stations (Channels 4, 5, 9 and ll) and newspapers (Anoka Union and Shopper) of this restriction. , ) ~-J ) ~ ID C C j---,_ .s-0/9D ',. t'.' ','--, . ,'. r --. '__ R"~ LFi~J-t~ t ~ tI~, ; . APR 1 9 1990 -)1 J IV CITY OF AND - OVER MEMORAND!lM TO: City Administrators FROM: Terry O'Connell DATE: April 16. 1990 RE: Cable Commission Minutes The Directors of the Quad Cities Cable Commission have ask me to remind each of the Administrators to make sure that the minutes of the Cable Commission meetings are fowarded to the respective City Councils for their review. Currently I am providing you with the minutes. If you want to receive the complete packet. please let me know. I can be contacted at 427 -1411 '\ '.../ AlflOOlil)A QUAD CITIES CABLE COMMUNICATIONS COMMISSION ANOKA CITY HALL Aprl1 19,1990 1. CAll TO ORDER: 5:00 P.M. 2. ROll CAll 3. APPROVAL OF MINUTES: 3/22/90 4. APPROVAL OF BillS 5. NORTH CENTRAL ACTION ITEMS: A. SUBSCRIBER REPORT B. CABLE USEAGE REQUEST C. 1990 LINE EXTENSION REPORT D. 1989 ANNUAL REPORT 6. COMMISSION ACTION ITEMS: A. TREASURER'S REPORT -MARCH- 1. REVIEW OF FRANCHISE FEE PAYMENT 2. APPROVAL OF QCTV-33 FUNDS TRANSFER B. FRANCHISE FEE REPORTING FORM C. REVI EW OF ACTION PLAN ( 1990 GOALS & OBJECTIVES) D. 1990 SCHOLARSHIP FUNDS 7. ADMINISTATOR'S REPORT: A. 1 ST QUARTER 1990 FI NANCIAl REPORT -FREDERICK'S 8. ATTORNEY'S REPORT: 9. NEW BUSINESS ,.J , '\ '-) AGENDA MEMORANDUM 1. CALL TO ORDER: Chair Cotten will call the meeting to order at 5:00. 2. ROLL CALL: Mava will take the roll for the benefit of the home viewers 3. APPROVAL OF MINUTES: Minutes of 3/22/90 4. APPROVAL OF THE BILLS: The bills this month are as follows: * Spring Clean, * U.S. West Comm., * AlV Wholesalers, #34419- #34420 - #34720 - #35060 - #35123 - #36007 - #36131 - * Collins Comm., * Dartek, * Channels Mag., * City of Ramsey, * Frederick's ACCt'g., $ 225.00 - March cleaning $ 113.10 - Phone service. $ 606.43 (invoice breakdown below) 350.00 - Two Andover microphones 20.00 - Barrel Connector 143. 93 - I hour 3/4" tapes 191.72 - 20 min. 3/4" tapes 21.70 - Camera repair 45.00 - Camera repair 90.00 - Tape deck repairs $ 82.50 - Phone outlet activation $ 299.95 - Macintosh modem $ 45.00 - Annual subscription $ 68.36 - Computer Classes $ 200.00 - Quarterly services 5. NORTH CFNTRAI ACTION ITFMS: Chair Cotten has requested that I changed the order of agenda to break up my responsibilities of reporting as much as possible. Therefore I have moved the company's report up on the agenda. A. Subscriber Report--Enclosed is Kathi's company reports and the statistics for the previous month's activity. Please review and direct any questions you may have to her. B. Cable Useage Request--In the packet is a copy of a letter written 3/28/90 to Chair Cotten from Kathi, it requests a change in the cable the company uses in underground construction. Both Kathl and I will give further detai 1s on the reasons for request at meet ing. :,) \ , j ~. - Page Two - C. 1990 Line Extension Report--On March 7th the cable company provided me with the 1990 build schedule for the Quad Cities. i do not believe Kathi will be able to add very much to the list or explain the areas, as they are given to her by the constructIon department. However, I will meet with the City planners to check if they concur with this build plan and discuss updating our plant maps. Also, I would like to start discussions regarding any possible change we may want to consider to the line extension policy. D. 1990 Annual Report--On AprJl 6th Cable TV North Central delivered its 1989 Annual Report. This document accompanies the agenda packet, however, due to the size of this report we wi 11 discuss in detail at the May meeting. 6. COMMISSION ACTION ITEMS: A. Treasurer's Report--Report is included in the packet. I have reviewed the report with Melinda Coleman. I will give the oral report for the Treasurer. 1. Review of the Franchise Fee Payment: Enclosed is a copy of the franchise fee payments received from Cable TV North Central for the 4th quarter of 1989. The commission receIved two checks because the first report received omitted any revenues from Advertlsing/Misc. 2. Aooroval of OCTV-33 Funds Transfer: The Commission will need to approve the transfer of both the company's support payment and one half of the franchise fee into the account of OCTV. Those amounts are: $13.624.36 - 1/2 franchise fee - 261.97 fee 13.624.56 - support payment - 261,97 support $27,248.72 - Total 1 st check 523.94 - Total 2nd check TOT AL PAYMENT = $27,808.66 ') .I B. Franchise Fee Reporting Form--Enclosed is a copy of the reportIng form proposed by the cable company. It Is my belief that the form they are proposing is still inadequate as far as breakdown within the categories. Also in the packet are copies of two article which appeared in the most recent issue of CHANNELS. I have passed these articles along to you to demonstrate the Industry trend explaining the tremendous increase in advertIsing revenues which are goIng to take place In cable television. Please review this Information carefully and be prepared to discuss In detai 1 at our meet lng . \ ,j , ) - Page Three - C. Review of Action Plan--As instructed, I have converted the 1990 goals and objectives discussed at the meeting of 3/22/90 into a action plan which is broken into a completion schedule by quarters. The plan 1s divided between tasks for both the Commission and QCTV-33. In addition, this plan is meant to serve as a means to measure staff perf ormance. D. 1990 Scholarshlp-- The Commission w111 need to decIde again this year if it chooses toward the scholarship to one person and have them perform duties for QCTV-33. or, to graduating seniors of the Quad ClUes area high schools. 7. ADMINISTRATOR'S REPORT: A. 1st Quarter Financial Report--Enclosed are the forms and information put together by Frederick's accounting service. I will explain the forms and review the information with the Commission. Further, I wi 11 provide a budget camparison report of the 1 st Quarter. 8. ATTORNEY'S REPORT: Tom Creighton will provide any pertinent update or other information at this point in the meeting. 9. NEW BUSINESS: Any bus1ness which 1s not directly addressed by the agenda items can be brought up 'and discussed at this point in the meeting. \ -) ANDOVER'. ANOKA', CHAMPLIN, RAMSEY"'- Q............. 2015 1st Avenue, Anoka, Minnesota 55303 . 421-6630 UAO CITIES CABLE COMMUNICATIONS COMMISSION QUAD CITIES CABLE COMMUNICATIONS COMMISSION March 22, 1990 CALL TO ORDER Chairman Gerald Cotten called the meeting to order at 5:00 p.m. ROLL CALL Commissioners present were Chairman Gerald Cotten: Melinda Coleman: Jerry Dulgar (5:05-5:48 p.m.): William Haas, Jr. (5:05 p.m.): Randy Johnson: Richard Netzloff: Gary Reimann (5:02 p.m.): and Gerry Wegner. Others present included Terry O'Connell and Tom Creighton, Commission staff: and Joe Perrin, ABC Newspaper. APPROVAL OF THE MINUTES Motion was made by Wegner, seconded by Johnson, to APPROVE THE FEBRUARY 15, 1990, MEETING MINUTES AS PRINTED. VOTE: 5 ayes - 0 nayes. Motion carried. (Reimann and Dulgar arrived immediately following considera- tion of the minutes.) APPROVAL OF THE BILLS O'Connell reviewed the bills presented for consideration of payment, with corrections to the O'Connor & Hannan and City of Anoka's January and cFebruary bill totals which should be $1,667.20 and $3,466.88 respectively. The bill from Spring Clean should be $225.00, not $200.00. Creighton explained the mileage costs shown represent approximately one and one half year's expense. Every attempt is made to cut legal costs wherever possible. '\ -~ Motion was made by Johnson, seconded by Wegner, PAYMENT OF THE BILLS AS PRESENTED: SPRING CLEAN, to APPROVE (MARCH) QCCCC March Page Meeting Hinutes 22, 1990 2 . , \ -j $225.00~ U.S. WEST COMMUNICATIONS, $123.10~ DON RICHARDS ASSOCIATES, INC., $138.00; A/V WHOLESALERS, (INVOICES OF $175.00 AND $144.00) $319.00~ O'CONNOR & HANNAN, (JANUARY AND FEBRUARY)"$L667.20~ M.A.C.T.A" $150.00~ PIERCE REFRIGERA- TION, $48.00; AND CITY OF ANOKA, (JANUARY AND FEBRUARY) $3 , 466. 88. VOTE: 7 ayes - 0 nayes. Motion carried. O'Connell reported meeting with a representative of Chase Building Maintenance, the cleaning service hired to clean Cotten's store at 735. East River Road, who indicated in his February 26, 1990, letter that the monthly cost to clean the specified areas of the QCTV offices would be $214.00. O'Connell felt Spring Clean has been reliable and recommended their continued contract for services. (Haas arrived at 5:08 p.m.) Motion was made by Cotten, seconded by Dulgar, THE SPRING CLEAN CLEANING SERVICE. to STAY WITH VOTE: 8 ayes - 0 nayes. Motion carried. COMMISSION ACTION ITEMS Treasurer's Report O'Connell presented ending February 28, month of $38,507.72~ the Treasurer's Report for the periOd 1990, showing total expenses for the with an ending balance of $22,373.00. Motion was made by Cotten, seconded by Wegner, to ACCEPT THE TREASURER'S REPORT AS PRESENTED. VOTE: 8 ayes - 0 nayes. Motion carried. Proposals for Accounting Services O'Connell reported the only proposal for accounting services received was from Frederick's Accounting and Tax Service. Because of Frank Frederick's extensive experience with the Commission's books, O'Connell recommended his accounting service be retained for one year at his proposed price: No charge for set up~ flat fees for quarterly bases $200.00 per quarter~ and an hourly rate of $30.00 for over and above the described work as outlined in' Frederick's March 7, 1990, letter to O'Connell. " I j Motion was made by Cotten, seconded by Coleman, to HIRE FREDERICK'S ACCOUNTING AND TAX SERVICE TO UNDERTAKE THE ACCOUNTING SERVICES FOR THE QUAD CITIES CABLE COMMISSION. QCCCC March Page Meeting Minutes 22, 1990 3 ') -J VOTE: 8 ayes -0 nayes. Motion carried. Cable Company Audit O'Connell reported the selection committee recommended the firm of McGladrey & Pullen be hired to perform the Gross Revenue Audit of North Central Cable Communications at a total cost of $13,200. QCCCC's portion of the cost will be 8 per cent, or $1,056.00. O'Connell recommended the Commission agree to participate in the audit as proposed. He further recommended Don Richards be retained, at a cost not to exceed $3,800, QCCCC's share being 8 per cent of that, to coordinate with the cable company and the auditors.' Motion was made by Dulgar, seconded by Haas, to ENTER THE AUDIT WITH THE OTHER CABLE COMMISSIONS AND TO EMPLOY RICHARDS TO TAKE US THROUGH THIS PROCESS, AS RECOMMENDED. INl'O DON VOTE: 8 ayes - 0 nayes. Motion carried. Review of Goals and Objectives (The Commission approved the February 21, 1990, QCTV-33 meeting minutes at this time in order to expedite discussions relative to 1990 goals and objectives for both boards. See the QCTV-33 March 22, 1990, meeting minutes for details.) The Commission the 1990 goals the benefit of brief history Staff received ences relative a second draft and staff reviewed the preliminary outline of and Objectives for the Cable commission. For new Commission members, Creighton presented a of the QCCCC from its 1979 inception to date. the Commission's comments and priority prefer- to the goals and objectives and would present at a future meeting. Haas recommended the Commission as a two to three year action Objectives, tieing them in with and staff consider this more plan rather than as goals and performance reviews. (Dulgar left at 5:48 p.m.) Cotten suggested the tasks be broken out according to Commis- sion and staff responsibilities. Upon discussing the goal to Improve Cities/Commission Rela- tions, the Commission and staff concurred this is an ex- tremely important task. Creighton recommended Commissioners present Cable Commission reports back to the City Councils in order to keep communications open. Cotten concurred, adding that the QCCCC agendas and meeting minutes should be included in the City Council's agenda packets, with the understanding '\ '-.-/ QCCCC March Page Meeting Hinutes 22, 1990 4 ) that the responsibility for their duplication and distribution would lie with each City Manager. The Commis- sion concurred the "assessment of audio and video needs of each city" should be a high priority. Coleman fel t city staff training should be a higher priority also. Johnson recommended there be communication from the cities on what is being planned within the cities, thereby, maintaining communication interaction with resulting better programming. ADMINISTRATOR'S REPORT None. NORTH CENTRAL ACTION ITEMS Subscriber Report O'Connell reported Kathi Donnelly-Cohen was unable to attend due to conflicting schedules: however, their subscriber report was duly noted and accepted. NEW BUSINESS None. There being no further Commission discussion, a made by Haas, seconded by Netzloff, to CLOSE MEETING AND MOVE ON TO THE QCTV-33 AGENDA. motion was THE QCCCC 7 ayes - 0 nayes. Motion carried. Time of closing: 6:16 p.m. Respectfully submitted, i\.~ ~~ Mava Mikkonen Recording Secretary ~ :~ '-) ~(i)rn~oo~ @~li'W;;a~~ APRIL 19. 1990 1. OPEN 2. APPROVAL OF MINUTES: 3/22/90 3. REVIEW/APPROVAL OF BILLS A. FINANCIAL REPORT 4. EXCECUTlVE DIRECTOR'S REPORT: ' A. LOCAL PROGRAMMING REPORT B. 1ST QUARTER FINACIAL REPORT -FREDERICK'S B. EQUIPMENT PURCHASE REVIEW 6. CLOSE 7. ADJOURN QCTV & COMMISSION MEETINGS J @S~~~ ~~ 1. OPEN--ChairCotten will declare meeting openattheclose of the Commission Meeting. 2. APPR OVAL OF MINUTES-- The minutes from the meeting held 3122/90 will be reviewed and approved. 3. REVIEW I APPR OVAL OF B ILLS-- There are no bills this month which need to be submitted for approval. A. Financial Report: A report similiar to the Commission's Treasurer's Report is enclosed far review. It details ac:tuals of the March expenditures of OCIV-33. 4. EXCEUTIVE DIRECTOR'S REPORT- A. Local Programming Report: Enclosed in the packets is the report of the hours of playback time on Channel 33 for the months of February and March. Also, during the goals and objectives discussions. some Directors were interested in how are weekly schedules were listed and developed. Enclosed is a copy of this week's schedule and nen week. I will explain how we use these forms at OCIV. B. 1st Quarter Report: Thismaypossiblybe covered during the commission meeting, but there are two separate budgets and checking accounts. I will give the pertinent information on budgets and forms for OCIV. C. Equipment Purchase Review: I will review the purchases made and plan far in 1990. s. NEW BUSINESS--Anyitems not covered by the agenda canbe discussed at this point in themeeting. 6. CLOSE-- 7. ADJOURN THE COMMISSION MEETING-- The Chair will askfar motion to adjourn. ,J ANDOVER --. .-.-...--- ANOKA CHAMPLIN .~--_.- RAMSEY'" """ Q ".''-., 2015 1st Avenue, Anoka, Minnesota 55303 . 421.6630 , U' , , ""., AD CITIES CABLE COMMUNICATIONS COMMISSION " \ ) QCTV-33 March 22, 1990 CALL TO ORDER Chairman Cotten called the meeting to order at 6:16 p.m. immediately following the regular QCCCC commission meeting. ROLL CALL Commissioners present were Chairrran Gerald Cotten: Melinda Coleman: William Haas, Jr.: Randy Johnson, Richard Netzloff: Gary Reimann: and Gerry Wegner. Commissioner Jerry' Dulgar was absent. Others present included Terry O'Connell and Tom Creighton, Commission staff: and Joe Perrin, ABC Newspaper. APPROVAL OF MINUTES (Minutes approved during the QCCCC Cable Commission meeting.) Motion was made by Haas, seconded by Dulgar, to APPROVE THE February 21, 1990, MEETING MINUTES AS PRINTED. VOTE: 8 ayes - 0 nayes. Motion carried. REVIEW/APPROVAL OF BILLS None. Financial Report The Financial Report for the period ending February 28, 1990, showed tbtal expenditures in the amount of $8,189.94; with an ending balance of $29,778.00. EXECUTIVE DIRECTOR'S REPORT 1990 Goals and Objectives \_J The Commission and staff reviewed the preliminary outline of the 1990 goals and objectives for QCTV-33. Comments were QCTV-33 Meeting Minutes March 22, 1990 Page 2 .) received by staff who goals and objectives meeting. would be bringing an updated list of back for further review at a future Haas stated the highest priority is the school board meetings. Haas added department training needs are a high priority, suggesting perhaps the school district people would take care of that. O'Connell reported the school district is installing their own video equipment tomorrow. Cotten felt playback scheduling is a high priority also. Haas queried whether the ABC Newspaper would publish a playback schedule directly under the published meeting agenda notifications. Perrin agreed with the suggestion. Upon discussing ways to Improve Technical Performance of QCTV-33, Cotten suggested whenever possible meetings should take place in a specific meeting room where cameras are properly set up for the best coverage. Reimann cautioned that programming not cover just all meet- ings but rather stress the importance of specific meetings. O'Connell indicated it is imperative that staff receive direction on how the Commission wants to Prioritize Program- ming Activities Within Categories. It is very important that city staffs update their reader boards properly. Haas suggested perhaps each city should be allocated certain programming needs per month or per week. Netzloff suggested some camera assistance could be obtained through the use of knowledgeable high school students. (Haas left at 7:41 p.m.) The Commission and staff agreed to meet informally prior to the next regular meeting to continue discussions on the 1990 goals and objectives and to establish priorities. The actual meeting to be scheduled at a later date. Newsletter Article The Commission noted O'Connell's draft of an article, "Aiming To Serve", written for' each of the four city newsletters, suggesting it be condensed before publication. CLOSE None. -) QCTV-33 Meeting Minutes Harch 22, 1990 Page 3 ) ADJOURNMENT Motion was made by Wegner, seconded by Reimann, THE MEETING. 6 ayes - 0 nayes~ Motion carried. Time of adjournment: 6:45 p.m. Respectfully submitted, V\QL~ ~b~ Mava Mikkonen Recording Secretary ,J to ADJOURN "1 '_I ~<(]>. ^~. "".~'> , ,\ /'\ \, i) ,,6 :./ ., . ..& ~t .\...,~~~~~!);r 7:30 P.M. '- ) CITY of ANDOVER Regular City Council Meeting May 1, 1990 Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Ordinance 62 Amendment (Hunting) 2. Ed Fields Lot Split 3. Assessment Abatement/86-19 4. Approve Quotes: Altitude Valve/Water System 5. staff, Committee, Commission 6. Park Dedication Requirements, Cont. 7. Park User Fee 8. City Hall Tennis Courts 9. SAC Rebates, Cont. 10. Sidewalks/Creekridge; Bent Creek; MSA, Cont. 11. Public Works Capital Equipment, Cont. 12. Gopher State One Call Computer, Cont. 13. Discussion: Unpaid Developer Assessments 14. Approve Financial Projection/Fire Dept. Bond 15. Approve Lease/AAA Building Non-Discussion Items 16. Order ROW plans/University & 165th Ave. 17. Approve Speed Limit Authorizations/Stenquist- 159th Ave. Area 18. Approve Grading, Release Escrow/Red Oaks 6th 19. Receive Feasibility Report/90-6 20. Accept Outlots/Hidden Creek 2nd & 3rd Additions 21. Approve Ilse Resolution 22. Approve Resolution/Fire Dept. Bond Election Approval of Claims Adjourn :~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mav 1. 1 qqO --", , j AGENDA SECTION ORIGINATING DEPARTMENT APPROVED FOR I NO. Approval of Minutes Administration AG~DA~ ITEM NO. BY, , ~ BY: V. Volk / The Ci ty Council is requested to approve the following minutes: April 12, 1990 Board of Review (Elling absent) April 17, 1990 Regular Meeting COUNCIL ACTION MOTION BY SECOND BY TO ,.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 AGENDA SECTION NQ Discussion Items DATE ORIGINATING DEPARTMENT Planning ITEM Firearms Ordinance NO. Amendment I. ~>i< Todd Haas, Asst. Engineer BY: Jay Blake, City ~~.~~r l{y' APPROVED FOR ::~~J ~ / REQUEST The Andover City Council is asked to review the enclosed amendment to Ordinance 62 (Discharge of Firearms). A public hearing was held on April 10, 1990. BACKGROUND Due to changing development patterns along Hanson Boulevard and the rapid increase in new home starts ln the Urban Area, the City is considering an amendment to Ord. 62 to redefine the prohibited hunting area within the City of Andover. The last change to the hunting map was passed in 1985. William Gallagher, Andover School Principal, has sent a letter expressing concern over the current location of the hunting boundary. The letter is included in the packet. The following items have been included in the amendment: 1. BB guns were added to the definition of firearms. 2. Bow and Arrows definition referred to State Statutes. 3. A provision added that prevents the discharge of rifles and handguns within the City of Andover. 4. Revised Firearms Map and proposed Hunting Map. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Andover Planning and Zoning Commission held a public hearing on April 10, 1990. Some public input was received. Most of the comments were in support of the proposed changes. One individual was concerned about excessive restrictions on small game hunting. However, he currently lives in the restricted area. The Commission recommended approval on a 5-1 vote. Commission Member Vistad felt that the regulations became overly restrictive. COUNCIL ACTION ) MOTION BY TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~J ORDINANCE NO. 62 AN ORDINANCE REGULATING THE DISCHARGE OF FIREARMS AND BOW & ARROWS WITHIN THE CITY OF ANDOVER AND REPEALING ORDINANCES 12, 12A, 12B AND 12C. The City Council of the City of Andover hereby ordains: SECTION I DEFINITIONS: The following definitions shall apply in the interpretation and enforcement of this ordinance. a) RIFLE - a shoulder weapon with a rifled bored barrel and discharging a single shot or pellet at a time. b) SHOTGUN - a shoulder weapon with a smooth bored barrel or barrels and normally discharging more than one pellet at a time, except when using a single slug. c) HANDGUN - a hand held weapon with a rifled barrel and discharging a single shot or pellet at a time. d) BOW & ARROWS - for the purpose of this ordinance to mean all long bows used for target and hunting purposes as regulated and defined by Minnesota Statutes, Chapter 97B. e) FIREARMS - for the purpose of this ordinance this shall mean rifles, shotguns, handguns, BB and pellet weapons, whether C02 or pneumatic powered. SECTION II REGULATIONS: No person shall discharge at any time any firearm or bow and arrows upon or onto any lands within the City of Andover except as provided by this ordinance. a) No person shall discharge a firearm or bow and arrow within 500 feet of any residence. b) No person shall discharge a firearm or bow and arrow in the City of Andover except for the following conditions: 1) Landowners may discharge firearms or bow and arrows upon their property provided the property is 10 acres or more ~n size and the projectile eaRRe~ does not carry beyond the property line. ~J 2) Landowners may discharge a firearm upon their property for the purpose of slaughtering animals provided the property is 5 acres or more in size and the projectile-eaRRe~ does not carry beyond the property line. ,~ 3) No person shall discharge any firearm or bow and arrow upon the property of another person, in an allowed area of 10 acres or more in size without written permission of the owner or lessee. 4 ) Recreational target shooting of firearms and bow and arrows in an allowed area of 10 acres or more in size shall be directed at a target with a backstop of sufficient strength and density to stop and control the projectile. The discharge of a rifle or handgun shall not be allowed wit in the city of Andover. c) No person shall discharge any firearm or bow and arrows within the city of Andover shown on the attached map as "Prohibited District"-e*ee~~-a~-ae~he~iHed-~aR~es. 5) d) The provisions of this ordinance shall not apply to the discharge of firearms when done in the lawful defense of persons or property. No part of this ordinance is intended to abridge the constitutionalright to keep and bear arms. SECTION III PROHIBITED DISTRICT: The attached map shall become a part of this ordinance. SECTION IV PENALTY: Any person who violates any provision of this ordinance shall be guilty of misdemeanor and upon conviction thereof, shall be punished according to prevailing State Laws. SECTION V VALIDITY: The validity of any section, clause or phrases of this ordinance shall not affect the validity of any other part. Adopted by the City Council of the City of Andover this of 1990. day CITY OF ANDOVER 'James E. 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L =i :!:Fl )_: . _J=-= I ,( \' I j ! 1'- ~~-n'r:\ --- I ''\ ~ i \.....j---) :.. r' . / i I I . f." . I - i ',1:' - -- -----,. ';: =.-. -fl ~qi9tN J.14,-" ~~,-",/,"~,",J X __"= m~'~~~lllih~ = -- ill'.:Ef1"... ,-LI J_, ----~ .--, s..J~ _n . \r;~ I ~ i J1: j.: :-. I r--F-~ ; tt'i V-r i Jl'.....:~ 1.& ' -I ' '1 --- . ~F-r: ~l;~JJ: :'~DE'7(=f~t~jrrlr0 mfffi'~ -" ,- . ----j, II.li-:~)L'::~} i';+'H:=~:,~J.]IjlllJ~ ~'~i'j:l~~.f- _I -'-~,Ir . ~ ! ~ ! : ! ! ! ! ! ; ! ! ! : ! !! !!:!:::!!!!! 1 I ! : ! ! (") -I -< o '1'" ,. "0 l>o z" o o < fl1 :;u h lllllll , I~- I - 1 :. - I I.JII- llr , ... I / Andover School William Gallagher. Principal 14950 Hanson Boulevard NW Andover. Minnesota 55304 1-612-754-2663 April 4, 1990 . '\ '- j Planning and Zoning Commission City of Andover 1685 Crosstown Blvd. NW Andover, Minnesota 55304 Dear Commission: I offer this letter to you in support of the proposed reVISion to change the present city ordinance, related to hunting lones. It is obvious that any hunting activities within the present zoneing, could be in serious conflict , with the welfare and safety of children, staff, and community members who use Andover School. Further, it is my understanding that the proposed change would redirect the hunting zone somewhere north of the School and City Hall properties. Such a decision is encouraged and would constitute prudent planning and concern on the part of the Commission. Thank you for this opportunity to express my sincere concern on this issue. Sincerely yours, }t~t/~:rrz/ <4 ~dLa ~h(;J William Gallagher c/' Andover School Principal ) "Every Student Will Learn" cJtnoka-d-fF.nnF.pin. ilndF.pF.ndwt ~=h.oo[ :Dij.hid dVo. 11 11299 Hanson Bculevc::: NW . Ceo:; [(acids. MN 55433 Dr LewIS ,=;r,cn. Suoenr,rer.cenr (0~)\ ,~ '\ l'\., \, .' ~:tt-~ CITY of ANDOVER PLANNING AND ZONING COMMISSION REGULAR MEETING--MINUTES April 10, 1990 The regular bi-monthly meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Rebecca Pease on April 10, 1990 at 7:32 p.m. at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Ron Ferris, Bev Jovanovich, Randal Peek, Don Spotts and Wayne Vistad Also Present: Jay Blake, City Planner; d'Arcy Bosell, City zoning Administrator; and Todd Haas, Assistant Engineer APPROVAL OF MINUTES Minutes for the March 13, 1990 meeting. MOTION by Ferris and seconded by spotts to approve the minutes for the March 13, 1990 meeting. Carried unanimously. Minutes for the March 27, 1990 meeting. MOTION by Ferris and seconded by Spotts to approve the minutes for the March 27, 1990 meeting. Carried unanimously. ORDINANCE 62--DISCHARGE OF FIREARMS Blake stated this item is in response to concerns expressed by some residents and school officials of the Andover Elementary School. Due to changing development patterns along Hanson Boulevard and increases in new homes, the Commission examined the possibility of revising Ordinance 62. Blake reviewed with the Commission a map showing the current boundary lines that divide the City into areas labeled "Prohibited" and "Allowed". He also reviewed a proposed map which would extend the "Prohibited" area to include the Athletic Field Complex, the City Hall and the Andover School areas. It also changes the heading from "Allowed" to "Restricted". Finally, Blake reviewed a map of the City with properties of less than ten acres and prohibited areas shaded in yellow. The proposed changes to the ordinance are as follows: ,J Section I, (d) --add the words "as regulated and defined by Minnesota Statutes, Chapter 97B." PLANNING & ZONING COMMISSION MINUTES--April 10, 1990 ) Page -2- Section I, (e)--Add the word "BB" Section II, (l)--Replace the word cannot with the words "does not" . Section II, (2)--Replace the word cannot with the words "does not" . Section II, Add (5)--"The discharge of a rifle or handgun shall not be allowed within the City of Andover. " Section II, (c}--eliminate the words "except at authorized ranges. Blake stated that the State of Minnesota Statutes clearly regulate bow hunting and that DNR officials feel that a range of 500 feet from a residence ,is' a proper 'recommendation. The language regarding ranges was eliminated since Andover no longer has a practice range within the City. Ferris and Peek suggested that the wording for Section II, (5) include the words "using a solid projectile" so that people could use their twenty-twos with shot. Chairperson Pease then opened the meeting for public hearing. PUBLIC HEARING Sophie Kozlowski, 1021 Crosstown Boulevard owns 72 acres and wanted to be sure that her friends and family would still be able to hunt on her land. Blake assured her that the proposed changes in the ordinance would not affect her. Ryan Krull, 880 - 140th Lane N.W., states that he and his friends use rifles to shoot fox, squirrels, and birds. He expressed concern that the proposed changes in the ordinance would affect his ability to do this. Keith Jensen, 14705 Palm St. N.W., stated he is looking at the proposed changes as a homeowner who has been pelted with shotgun debris in his own yard. He is in favor of the changes but questioned why the line not be drawn to include the area where hunting would be prohibited that abuts the line. Blake stated the reason was that the line was drawn using well-known roads and landmarks to make enforcement easier for the sheriff's deputies. , " '-) ~) PLANNING & ZONING COMMISSION MINUTES--April 10, 1990 Page -3- Winslow Holasek, 1159 Andover Blvd., stated he could understand what Blake was saying regaraing Section II, (5) but it seems to him that target shooting with rifles should be okay. He also stated his wife would like to see the "Prohibited" area encompass prairie Road. Peek asked if this meant he was or was not in favor of the proposed changes. Holasek said that he was in favor of the changes and would support the banning of rifles, since somebody's got to give. Bob Dillon, 4995 - 159th Avenue N.W., stated they have a history of things happened in their area of 54 acres, including field parties and uncontrolled,target shooters from Anoka. He did not feel the 500 foot restriction from homes was enough. He stated that he has an old box of ammo which states 1,000 ft. as the safe distance. Blake stated that the Department of Natural Resources recommends that 500 feet is appropriate. Dillon also stated that he supports the ban on rifles and handguns and would like to see it include varmit: rifles. He felt that Andover may be erring on the side of privlege rather than safety. He also stated he would like to see buffers added to your boundaries. Reuben Erickson, 15486 University Extension, stated that he is a bow hunter and questioned the distance for arrow projectiles. He feels that the bow hunting restrictions should be set out separate from the rifle restrictions. He stated that ten acres to target shoot with a bow and arrow doesn't seem realistic. Vistad is a bow hunter and discussed the different types of arrows and their distances. Spotts stated that the rifle and bow and arrow shooting have always been defined together. Erickson said that doesn't mean it's a good law. Bosell stated that the City has received complaints about arrows going through the backstop and into people's yards. MOTION by Ferris and seconded by Jovanovich to close the Public Hearing. Carried unanimously. The Commission discussed the map with the yellow shadings. Bosell stated this map would be for informational purposes only, otherwise it would have to be changed constantly if it were made a part of the ordinance. The other map with ~) PLANNING & ZONING COMMISSION MINUTES--April 10, 1990 Page -4- ) the line giving the "Prohibited" and "Restricted" areas vJill be part of the ordinance and must be attached to any copies of the ordinance given out, or the ordinance cannot be enforced. Bosell will review the ordinance with the Sheriff's Deputy to make sure the language is enforceable for their purposes. Blake will make sure the map with the yellow shadings is completely accurate before it goes to the City Council. MOTION by Ferris and seconded by Peek, I would recommend that the Andover Planning and zoning Commission recommend to the Andover City Council approval of a modified Ordinance No. 62, which makes the following changes to the existing ordinance: Section I, (d) which adds the words "as regulated and defined by Minnesota Statutes, Chapter 97B; Under Section I (e) that it adds BB guns; Under Section II, (b), numbers (1) and (2) that it changes the wOrd cannot to does not; that it adds the following terminology (5) under part (b) of Section II--"The discharge of a rifle or handgun utilizing solid projectiles shall not be allowed within the City of Andover."; and Under Section II, (c), the wording "except at authorized ranges" be eliminated; that a Public Hearing was held on April 10, 1990, and that there were six respondents, of which there was one respondent that was in objection to the regulation of the solid~p~ojectileSic that there were several that supported it from a public safety issue, on the solid projectiles; that~there was some concern on the utilization of bows and arrows being included in this ordinance; that attached to the ordinance would be a copy of the map which would show the expanded prohibited areas; that in addition to this as a public service and for the purpose of enforcement, there will be an additional map which will show all areas to which the discharge of handguns and hunting is now allowed. ) PLANNING & ZONING CO~1ISSION MINUTES--April 10, 1990 Page -5- .J After discussion of the motion, Ferris moved to modify and Peek considered the following modification to the motion: Under Section II, (b) 3 and 4 replace the word "allowed" area to "restricted". The second was held, and the vote stayed at Ferris, Jovanovich, Peek, spotts and_p~ase-~yesi~Vistad~~no. The Commission discussed the signs posted regarding hunting within the City, particularly the ones worded "No hunting south of here". MOTION by Peek and seconded by spotts, that the Planning and zoning Commission of Andover recommend to the City Council to be reviewed at the same time that the Council reviews the proposed changes to Ordinance No. 62, a recommendation from the Planning and Zoning Commission that we remove the signs about the City that say "No hunting south of here" and that we look at placing at the entrance to Anodver signs which would say words to the effect of "Discharge of firearms and bows and arrows are restricted in the City of Andover". Discussion of the motion included Peek suggesting that staff do a study of the total sign package for the City. Blake stated there are approximately 6 signs now at the entrance signs of the City and expressed concern that people could read that many signs. Blake will have the staff draft some potential language. Motion carried unanimously. ED FIELDS & SONS LOT SPLIT REQUEST, contd. 158XX Uplander STREET N.W. Bosell reviewed with the Commission this request which was first considered at the December 12, 1989 meeting and continued until this date. The request is to split off from a 28.61 acre parcel a parcle lwhich is 2.5 acres in size, including the road easement. I The property is in the Agricultural Preserve Overlay District which restricts development to a density of not less than 1 for 40. The request meets the criteria of Ordinance 57 as it pertains to the Agricultural Preserve Ordinance, but Ordinances 8, 10 and 40 must also be considered. 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'" r:r n 'g ~R~::r'1U ~~~ ~ ~ ~;;" g. g' g S-~ 00 .....n'=:' g:::r: ~~~ .~ ~ 0.3. a~ :;;:: Q. -8-e: . n ::.cr:E ~S~ ~ ~~= ....;} "2, <: ~[ ~.. ~-< CJ)3 < Err ... .:.. -<; N .; ~ "1 'J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 ITEM 2. Ed Fields Lot NO. Split DATE ORIGINATING DEPARTMENT Planning d' Arcy Bosell d':I13 BY: Jay Blake~~ In Re: 158-- NW Uplander Street Edward Fields & Sons, Inc. Lot Split Request APF R' VE~FOR AGI NPlA '-~ BY: / (J AGENDA SECTION NQ Discussion Items REQUEST The request before you is for a 2.5 acre lot split (including road easement) from a 28.61 acre parcel. The property is zoned R-l and is also in the Agricultural Preserve Overlay District which restricts development to a density of not less than 1:40. The request before you meets the criteria of Ordinance 57 as it pertains to the Agricultural Preserve Ordinance. BACKGROUND Pursuant to Ordinance No. 40, Sec. 1, "a residential lot split is any division of a lot, parcel, or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district." Subd. A further provides that "No residential lot ... shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located." Ordinance 40 directs your attention to platted lots and the criteria for platting is set out in Ordinance No. 10. The district requirements are set out in Ordinance No.8. All three Ordinances must be considered in relation to this request. Ordinance No. 10, the Subdivision Ordinance, at Section 9.02(c) provides that "no preliminary plat shall be approved wherein lots continued COUNCIL ACTION MOTION BY :J TO SECOND BY "- ; Page Two May 1, 1990 Ed Fields Lot Split front on the right-of-way of State, County, or City Arterial or Collector roads...." At Section 16.02 is also provided that "no permit for the erection of any building shall be issued unless such building is to be located upon a parcel of land abutting a public street right-of-way which has been accepted and is currently maintained by the City, or which has otherwise been approved by the City Council...." Ordinance No.8, the Zoning Ordinance, at Section 6.02 provides that the Lot Area Per Dwelling Unit (square feet) in an R-1 District is 2.5 acres and that the Lot Width at Front Setback Line (feet) shall be 300'. The request as it is presented does not meet the criteria set out above in the following respects: 1. The lot area is 2.24 acres when the 33' road easement is subtracted from the total area of the lot (Ord. No.8, Sec. 6.02 requires 2.5 acres). 2. The lot proposed does not meet the frontage requirements of 300' for a platted lot (Ord. No.8, Sec. 6.02 and Ord. No. 10, Sec. 16.02). To complicate this matter further, the City just completed a street improvement project in late 1988 and as a part of that project was the construction of a bituminous cul-de-sac at the south end of Uplander Street. This cul-de-sac provides access to this proposed lot and the lot to the west by the inclusion of the area of the cul-de-sac (approximately 50' on each lot). At the time the western-most lot was created, there was a 33' road easement along the eastern side of this lot to the south for road purposes. This parcel was originally a 5 acre parcel and prior to 1982 was divided into two (2) 2.5 acre parcels, each of which has this 33' road easement along the east side. When you subtract therefrom the 33' of road easement, neither lot meets the 2-1/2 acre requirement. '-) Our records indicate that the southern-most property was anticipated to be a building site, however, those plans have changed and the property has been given back to the corporation, however, a check with the County shows that it is still a free- standing parcel of land. At the time of the street improvement project, the issue of assessment was discussed and it was determined that even though the property was in the Agricultural Preserve Overlay District, it would still be assessed for road purposes. This is the reason for the request for the lot split is to allow for the creation of a lot for building purposes and to recoup the assessment against said lot. At the present time, however, this lot is part of a 28.61 acre parcel. continllpn ~ Page Three May 1, 1990 Ed Fields Lot Split OPTIONS A. That a metes and bounds lot split be requested which requires 5 acres in area and 300' of width. Because this proposed lot abuts Uplander Street, it would have access for building purposes and would require no further action by the City except to review the deed and certify that it is compliant prior to recording. B. To allow for the lot split to be completed with the following conditions: 1. That the dimensions and legal description of the parcel be redone so that the area requirement of 2.5 acres is met. 2. That the road be constructed to the southern edge of this proposed lot to meet the 300' frontage requirement. The issue of some sort of cul-de-sac or temporary turn-around would also have to be discussed and resolved. C. To consider granting a variance for this proposed lot split request as it relates to area and frontage. The variance would be pursuant to Ordinance No. 40, Section 4; Ordinance No.8, Section 5.04, and Ordinance No. 10, Section 17.01. The recommendation for a variance would also have to include the specific provisions outlined above from which the variance is granted. D. Deny the lot split requested because it does not meet the criteria of several ordinances as set out above. The lot split request is also subject to Park Dedication fees. PLANNING COMMISSION RECOMMENDATIONS At their April 10, 1990 meeting the Planning ad Zoning Commission reviewed the request and made the following motion: , , ,~ MOTION (Ferris/Peek) ... recommend approval of the lot split for 158-- NW Uplander Street legally described as: "That part of the West half of the Southwest quarter of the Southwest quarter of Section 15, Township 32 North, Range 24 West, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of the W1/2-SW1/4-SW1/4, Section 15; thence westerly, along the north line of the W1/2-SW1/4-SW1/4, a distance of 322.99 feet; thence southerly, parallel with the west line of the SW1/4-SW1/4, a distance of 337.57 feet; thence easterly, parallel with the north line of the W1/2-SW1/4-SWl/4, a distance of 322.37 feet to the east line of the W1/2-SW1/4-SW1/4; thence northerly, along said east line, a distance of 337.55 feet to the point of beginning. continued ,J Page Three May 1, 1990 Ed Fields Lot Split Subject to a roadway easement over the westerly 33 feet. Including a roadway easement over and across a 33-foot strip of land the easterly line is described as follows: Commencing at the northeast corner of the W1/2-SW1/4-SWl/4, Section 15; thence westerly, along the north line of the w1/2-SW1/4-SW1/4, a distance of 322.99 feet to the point of beginning; thence southerly, parallel with the west line of the SW1/4-SW1/4, a distance of 339.75 feet and there terminating. motion continued... and granting a variance for road frontage less than 300' and allow access to said lot from the existing frontage on the cul-de-sac on uplander Street. The Commission has reviewed this request pursuant to Ordinance No. 57, 40, 10, Section 16.02, and 8, Section 6.02. The 10t split would be subject to Park Dedication fees as set out in Ordinance No. 10, Section 9.07. Further, completion of the request and required action shall be within one (1) year. Motion fails O-Yes; 6-No. Wayne Visted wanted the record to reflect his reasons for voting against the motion - Pursuant to Ordinance No.8, Section 5.04 and Ordinance No. 10, Section 16.02, a hardship was not shown. There is more than adequate land adjacent to this parcel to provide the needed acreage; it would be landlocking an existing 2.5 acre parcel to the south; it would be contrary to the Ordinance requirement for 300' of frontage, pursuant to Ordinance No.8, Section 6.02 and Ordinance No. 10, Section 16.02; and it would be very unfair to other residents who may apply for lot splits if the Commission must abide by all requests and meet the requirements of the Ordinance. A hardship cannot be granted strictly upon financial consideration. Ron Ferris noted in regard to the variance that without the 300' frontage, it will totally landlock parcel (4) which is poor planning for a parcel that has only one access point; there is no reason to landlock this parcel and prohibit future development. The metes and bounds process is available to the property owner but he does not wish to consider another type of lot division. Becky Pease agreed and noted again there was no hardship and there are other alternatives. Bev Jovanovich agrees with the reasons set forth above. , , ) ~ ~y CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER, MINNESOTA 55304 Lot Split # \ o LOT, SPLIT REQUEST FORM , property Address Reason for Request , . . ent zoning ~.-L.//~v=-f' ********************************************************4'************* Nam, of Applicant ~d~~4 ~ Address /.5""ij;;'~ ~ _~~-' HO';' PhO~~ Bu,in,ss phon, 2:!.~j ~'f;::1 %.2 Signatur _ ~ Date /C;/ dJif/%7 ********************************************************************** ~ property Owner (Fee Owner) (If different from above) Address Home phone Business phone Signature Date ****~***************************************************************** Attach a scaled drawing of the proposed split of the property showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent street names; location and use of existing structures within 100 feet. The date the 'property became a lot of record, the names and addresses of all property owners within 350 feet of the property proposed to be split, and the complete legal description of the subject property must also be provided. I hereby certify that this property has not been subdivided within the last three years. ~JS- ') ,~ Lot split Fee: Filing Fee: ' $50.00 $10.00 Date paid t/~~7 Receipt # 3.1 Park Dedication: Date paid Receipt # .. ~ (\1' ,- -3: 3: en ~ ~'I o:W 8~ ::>z - '\f-:i:W3: , t<!. W z. en ~---' z a.. . zO: 0: ~d f-u ~U) zg / /" vii MS - vii M'S'" ' - G/I M 3 , ' ,~~;C'l.<;:<;: Nil 3 : ,.. n' .. !: ; .; : .i-* ,- -, :-'-' '=' :H = i .,,<:>'0 , ".' -- , , . . ! . ! , I :.!+N,~W~$'\f3 l1Jl M5.:J</1 L<;'~~~ . ' , - . . , :, ' Jt.S 3NlJC}d.JM wuw . I' ."ovd " !. a\fOH ," I ..__.1.. , i I "'- ~~ ~,~ sI ~. ,~ , . \1 l~;'~ V]! ~- , , t\:,;~ " :~ ..,'- '(J '~' <\1,'- ! f. ;: i " ! I' ... -. ,. r:' :_.h.. ! , '. ", !' ~ , ! 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' '. . . .... .' . .... ,:":~z~;t~>?~;~(~~~J; DESCRIPTION OF: ':-:2.5 Acre parcel"located in section l5/':;:Ando;'Effii' ~~;~R~=~~o~f the :st half of the Southwest quarterOf:'~~:~~:;;:;'ff:' Southwest quarter of section l5, Townshi~ 32 North,Range 24:~)~i ,West, Anoka County, Minnesota, described as follows: ...;~,;'l..:~;']f';<E: Beginning at the northeast corner of the ~l/2-SWl/4-SWl/4,' ~',~ section 15; thence westerly, along the north line of the Wl/2':':' '" SWl/4-SWl/4, a distance of 322.99 feet; thence southerly, " parallel with the west line of the SWl/4-SWl/4, a distance of 337.57 feet; thence easterly, parallel with the north line of :the Wl/2-SWl/4-SWl/4, a distance of 322.37 feet to the east line of'.' the Wl/2-SWl/4-SWl/4; thence northerly, along said east line ,; ,a distance of 337.55 feet to the point of beginning. I - . ~ .,,",-;,1: ...~?,.._~ . . .. subject t6 a ~6adway:easement 6ver the westeily,33 feet. . .. ~. .' -,' , .' i ~~~ U~~~g e:s ~ ~;f ;a; i::s ~;~~;s~: ~ ~ e~n: s a ~~ ~~~w:,~ ~- f~~~ ,:~~~~~~t~f;", . . .' '. ..... '.' _. ...., .. ... .:' . " '. . .....:,: ::' ....;.~.:.<:-....:;I__~~.;).:14~0~~i;:j;:~~.;::~~. '. '., Commencing at the: nor the as t 'corner of the . Wl/ 2 "':SWl/ 4-:"SWlf4 /,:<'::i[};fi~'t:.~:... ,Section 15;' thence westerly, along the 'north ,line oftheWlI2.,:~;;?;:.;:'::'> SWl/4-SWl/4,a distance'of ,322.99 feet to the:point"::of'beginning;,;:i~::;-.' thence 's.outherly, ,parall elwi th the' west line of ,the SWI/4~SWlI.4/,;';;::,;:.'., a distance of 339;75 feet and there .terminating~ -,...' :/iii::.iFt:?;,.:",' '. . .' . ..' . '. .::~:".~~~;::;:\?~}~{;,i"(-.: subject ,to and together with any other ~alideaseinents, ,..:;'",:'','';,:':' ' restrictions and reservations. ..i:.. I..-"!" ~- ) /0 725 Superior. 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UPLANDER .J[1j Bone.troo r:1WI~. , .Arc:f'tll.-c:la STREET Ro.-ne i\j; And.r II Ie " IMPROVEMENT A...x:lal- .L,....... "w..-tA 88 - 14 Dale: 6 / 21 / 88 ( Fig. No. I J Camm. 17134 Asse~ R-~ " CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304' (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, December 12, 1989 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Lot Split application of Edward Fields and Sons Inc. on the following described property: That part of the west 1/2 of the Southwest 1.4 of the Southwest 1/4 of Section 15, Township 32, Range 24, Anoka County, Minnesota, beginning at the northeast corner of the W 1/2 of the SW 1/4 of the SW 1/4, thence westerly along the north line of said SW 1/4 of the SW 1/4, a distance 322.99 feet; thence southerly, parallel with the west line of said SW 1/4 of the SW 1/4, a distance of 337.57 feet; thence easterly, parallel with the north line of said SW 1/4 of the SW 1.4, a distance of 322.37 feet to the east line of the W 1/2 of the SW 1/4 of the SW 1/4; thence northerly, along said east line, a distance of 337.55 feet to the point of beginning. Subject to roadway easements over the westerly 33 feet. (Approximate Property Address: 158XX NW Uplander street) written and verbal comments will be received at that time and location. &~h victoria Volk, City Clerk --) CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING MINUTES DECEMBER 12, 1989 The regularly scheduled meeting of the Andover Planning and Zoning Commission , was called to order at 7:30 P.M. by Chairman Rebecca Pease on Tuesday, December 12, 1989 at the Andover City Hall Offices, 1685 Crosstown Blvd., Andover, MN. Commissioners Present: Chairman Pease, Ron Ferris, Bev Jovanovich, Randall Peek, Gretchen Sabel, Don Spotts, Wayne Vistad Others Present: Jay Blake, d'Arcy Bosell Approval of Minutes The Andover Planning and Zoning Commission was requested to review minutes of their November 28, 1989 meeting. MOTION made by Bev Jovanovich to approve minutes. Second to motion by Gretchen Sabel. All Commissioners but Ron Ferris voted in favor of motion. Mr. Ferris was not present at 11/28/89 meeting; therefore he abstained from vote. Lot Split Public Hearing, Edward Fields & Sons, Inc. Request for lot split was presented by d'Arcy Bosell. Request is to split off from a 28.61 acre parcel a parcel which is 2.5 acres in size (including a road easement.) Property is zoned R-l and is in the Agricultural Preserve Overlay District which restricts development to a density of not less than 1:40. Ordinances 40, 10 and 8 relate to this request. The reason for the request for the lot split is to allow for creation of a lot for building purpose and to recoup the assessment for street improvement against said lot. Lot split request is subject to Park Dedication fee. Detailed information regarding request is outlined in 12/12/89 Request for Planning Commission Action memo. Commissioner Ferris questioned why easement is not taken down to southern end of lot. Bosell replied it is unlikely lot could be used for residential. Two variances would be necessary if request is granted as proposed. Lot area does not meet criteria of Ordinance 8, Section 6.02. Frontage requirements of Ordinance 8, Section 6.02 and Ordinance 10, Section 16.02 are not met. ') , ./ cont'd... , Andover Planning and Zoning Commission December 12, 1989 Meeting Minutes Page Two ,J If request is approved as requested, Bosell recommended city yacate edges of existing cul de sac. Bosell outlined five options for the Planning and Zoning Commission to consider: 1) A metes and bounds lot split be requested which requires five acres in area and 300 feet of width 2) Allow for lot split to be completed with these conditions: Dimensions and legal description of parcel be redone so that 2.5 acre area requirement is met Road be constructed to southern edge of proposed lot to meet 300 foot frontage requirement. A cul de sac or temporary turn- around would need to be resolved. 3) Consider granting a variance including specific provisions from which the variance is granted 4) Table this matter 5) Deny lot split request Proposed lot split is adjacent to an area to the north that is zoned R-3 and restricted to lots being buildable on every other lot. Mr. Fields preference, as stated to Bosell on 12/12/89, is to construct private street and have two and one half acre lot. A metes and bounds lot split is not acceptable to Mr. Fields. Assessments to Mr. Fields for improvements on Uplander were $2700.00. Ms. Bosell stated it is preferred to cluster density in an Agricultural Preserve as long as in compliance with 1:40. Mr. Ferris asked Blake if he recommends against running easement to southern edge of lot line. Mr. Blake recommends easement extend at least 300 feet down, but final distance should be determined by Mr. Field's plan, if parcels to south are buildable. It was determined that natural gas easement. easement. when calculating acreage, area is not taken out for Restrictions prohibit placing permanent structures on Ferris questioned if proposal is for easement or actual road construction to extend 300 feet down southern edge of lot. Bosell stated actual construction of road is proposed. Blake noted an option would be to split off two and one-half acres and allow access from cul de sac. This option would require a variance. '; ~ J cont'd.. . Planning and zoning Commission December 12, 1989 Meeting Minutes Page Three Vistad stated a variance is allowed for a hardship. In this case there is no hardship because there is ample land. ~ Ferris asked if (in regard to lot being split out) potential for expansion to east is as feasible as expansion to south. Bosell replied expansion to east would be feasible. Bosell stated land can be under separate ownership to meet 1:40 requirement. The eight year covenant is an agreement between city and landowner that for a minimum of eight years there will be no development. The eight year clock begins with landowner request for decertification. Chairman Pease opened the Public Hearing at 8:00 P.M. Terry Boe, l5924 Uplander inquired if cost of cul de sac will be assessed to landowners. Bosell replied cost will be borne privately. Boe asked if street will be a through street. Ferris re;lied there are not immediate plans for a through street. He believes city should take easement for possible future construction of road. Boe stated his opposition to developing road to become a through street. Mr. Fields stated it is not right to assess a landowner for improvements that are of no benefit to said landowner. Assessment to Mr. Fields for road improvement was costly. Mr. Fields wants to create a lot for his granddaughter. Mr. Fields is very opposed to a cul de sac opening to his farm land. Commissioner Vistad stated two options that comply with Ordinance: l) Create street for two and one-half acre lot 2) Metes and bounds lot split (five acres) Blake explained that due to change in interpretation of Ordinance, the two and one-half acre lot is a legally existing, non-conforming parcel. Mr. Ferris asked !1r. Fields what option he prefers. Fields would prefer a two and one-half acre lot, private street, with no cul de sac opening to farm land. Bosell noted a private street is not allowed. Fields stated a city street is not acceptable to him nor is metes and bounds lot split. cont'd... , ~ Andover planning and Zoning Commission December 12, 1989 Meeting Minutes Page Four ~ Mr. Blake explained that the fire department makes recommendations on cuI de sac length based on urban streets. City ordinance does not distinguish between urban and rural streets. Commissioner Ferris noted that situation is a Catch 22 in that if cuI de sac is extended a variance has been granted, without a variance request. If cuI de sac is not extended, variance has likewise been granted. Blake explained that in past, hardship justifying variance of cuI de sac has been that non conforming cuI de sac prior to existing Ordinance is brought up to Ordinance. Sabel suggested a five acres metes and bounds lot split extending over to Swallow Street be divided into two, two and one-half acre parcels. Parcel on east would be along Swallow Street which is an existing road with 300' feet right of way. Blake replied that parcel to west would not have adequate frontage and would still require a variance. Vistad believes that in fairness to other residents who may apply for lot split, commission must abide by Ordinance in all cases and not grant variance when hardship cannot be defined according to Ordinance. Ferris noted that this request brings to light the problem that Ordinances do not play together in every case. Blake acknowledged problem and explained that efforts by city are being made to improve and clarify Ordinances. Ferris doesn't believe it is sensible to extend street at this time because it will force emergency vehicles further down cul de sac. Ferris stated Planning and Zoning recommendation will have to include variance, because street limit has already been exceeded. Bosell said the real concern is not the length of the cul de sac but the accessibility. Pease suggested Planning andZoning Commission make recommendation based strictly on interpretation or Ordinance; while providing detailed narrative of discussion in minutes for City Council perusal. Vis tad asked Fields which of the options discussed for a Planning and zoning recommendation he prefers. Mr. Fields stated he does not want a public street running into his farm. Mr. Ferris suggested the possibility that lot split be done taking two and one- half acres to east of Swallow. Variance would not be necessary and road is already there. Mr. Fields will consider this possibility. , \ ~ cont'd... Andover Planning and zoning Commission December 12, 1989 Meeting Minutes Page Five Ferris reminded Mr. Fields to bear in mind the restrictions caused by gas easement. . \ ~__) Vis tad also stated that parcel will be subject to assessments if/when Swallow upgraded. MOTION made by Commissioner Ferris to continue Public Hearing and table agenda item until 1/09/90 or until such time Mr. Fields requests discussion be continued. Item to be tabled to allow Mr. Fields time to consider two and one-half acre parcel to the east of requested parcel as an alternative site. Second to motion by Wayne Vistad. All commissioners favor motion; MOTION passed. Meeting recessed from 8:55 - 9:00 P.M. Public Hearing Commercial Vehicles R-l Districts Ordinance 8 Amendment The Planning and Zoning commission was asked to discuss Ordinance 8 amendment regulating the storage of commercial vehicles in residential districts. A Public Hearing was scheduled and published for this meeting. Request was presented by Mr. Jay Blake. At previous meetings, ordinances from neighboring communities were reviewed. Section 3 Definitions are taken from state statutes. Current Ordinance allows three different gross weights for commercial vehicles in three different sections. Proposed amendment uses gross weight of 12,000 pounds throughout Ordinance. Proposal allows for storage of one semi tractor on three or more acres. Acreage limitation was chosen to coincide with pole barn requirements. Restrictions include the parking of semi trailers nor shall it include the operation of a truch transfer station. A change in parking requirement for RV's is included in amendment. Side yard parking will be allowed as long as vehicle is lO feet from property line. Improvements in wording of Ordinance are part of amendment. Bev Jovanovich questioned Section 8.01. A problem could occur if RV is owner's only mode of transportation. Blake replied that an RV could be excluded if the only mode of transportation. Ferris noted amended Section 8.01 does not include a length limitation. He feels a limitation to zoning should be included. Vistad asked if there have been complaints against RV's parked in residential areas. ) / cont'd... " D) PLANNING & ZONING COMMISSION MINUTES--April 10, 1990 Page -5- After discussion of the motion, Ferris moved to modify and Peek considered the following modification to the motion: Under Section II, (b) 3 and 4 replace the word "allowed" area to "restricted". The second was held, and the vote stayed at Ferris, Jovanovich, Peek, Spotts and .P~ase-~yes;_Vistad~~Do. The Commission discussed the signs posted regarding hunting within the City, particularly the ones worded "No hunting south of here". MOTION by Peek and seconded by spotts, that the Planning and Zoning Commission of Andover recommend to the City Council to be reviewed at the same time that the Council reviews the proposed changes to Ordinance No. 62, a recommendation from the Planning and Zoning Commission that we remove the signs about the City that say "No hunting south of here" and that we look at placing at the entrance to Anodver signs which would say words to the effect of "Discharge of firearms and bows and arrows are restricted in the City of Andover". .~ Discussion of the motion included Peek suggesting that staff do a study of the total sign package for the City. Blake stated there are approximately 6 signs now at the entrance signs of the City and expressed concern that people could read" that many signs. Blake will have the staff draft some potential language. Motion carried unanimously. ED FIELDS & SONS LOT SPLIT REQUEST, contd. 158XX Uplander STREET N.W. Bosell reviewed with the Commission this request which was first considered at the December 12, 1989 meeting and continued until this date. The request is to split off from a 28.61 acre parcel a parcle lwhich is 2.5 acres in size, including the road easement. The property is in the Agricultural Preserve Overlay District which restricts development to a density of not less than 1 for 40. The request meets the criteria of Ordinance 57 as it pertains to the Agricultural Preserve Ordinance, but Ordinances 8, 10 and 40 must also be considered. ~) ,-J PLANNING & ZONING COMMISSION MINUTES--April 10, 1990 Page -6- Bosell states that the request as it is presented does not meet the criteria as set out in that the lot area is 2.24 acres when the easement is subtracted out, and Ordinance No.8 requires 2.5 acres. Also, the proposed lot does not of 300 feet for a platted lot; No. 8 and No. 10. meet the frontage requirements as set out in Ordinances In addition, this lot split would land-lock one of the lots for the time being. Bosell and Blake met with Fields and explored some of the options available, including a metes and bounds lot split or completing the lot split with the stipulations that the parcel be redone so that the area requirement of 2.5 acres is met and the road be constructed to the southern edge of the proposed lot to meet the 300 foot frontage requirement. Fields has indicated his willingness to escrow for the construction of the road, but that it be built at a later date. He has requested that the Planning and zoning Commission consider the~):"~Hu"~st as originally presented. .~ HOT ION by Ferris and seconded by Peek that the Planning and Zoning Commission of Andover recommend to the City Council approval of a lot split for 158XX Uplander St. N.W. in granting one variance of the frontage of 300 feet and allowing .entrance to come in off of the existing cul-de-sac on Uplander. In looking at this request the Planning and Zoning Commission has looked at Ordinance 57 on Agricultural Preserve, Ordinance 40 on lot split, Ordinance 10 on platted lots, Section 16.02, and Ordinance 8, Section 6.02, on the size requirement. The lot split would be subject to park dedication fees as set forth in Ordinance 10. Also, a sunset clause that there must be reasonable progress on this lot split within 12 months. After discussion, the vote was zero--yes; six--no, with reason by Vistad, Ferris and Pease. ) Vistad stated that according to Ordinance 8, Section 5.04 a hardship was not shown. There was more than adequate land to provide the needed acreage. To grant the variance would be to extend the cul-de-sac beyond recommended footage and extending that problem and would be land-locking the other 2.5 acre parcel to the south of it. It would be in violation of the required 300 feet frontage for lots. It would be very unfair to other residents who may have applied for lot splits if the Commission does not abide by ordinances in all cases if hardships cannot be defined. , 0) PLANNING & ZONING COMMISSION MINUTES--April 10, 1990 Page -7- Ferris stated the variance in the motion was the elimination of the 300 foot frontage. I am opposed to that for a number of reasons: 1) without the 300 foot frontage or easement set aside for that frontage it will totally land-lock the parcel shown on the map as No.4. That would be poor planning and a mistake on the City's part to further land-lock a parcel of land that only has one remaining access point. 2) there is no hardship. 3) a metes and bound split is possible with five acres without any hindrance. The owner does not wish to do that, and furthermore, the owner does not wish to entertain any lot split whatsoever that would cause proper frontage. Peek stated he had nothing additional to say, other than he agreed with the reasons given. Also, he stated that the motion did not include extension of the cul-de-sac and was not a reason for denial. Pease stated her reasons agreed with everyone else in that a hardship was not demonstrated because there were other alternatives available and the land-locked lot. ORDINANCE NO.8, PARKING/CURBING REQUIREMENTS ',- The next item discussed by the Commission was curb requirements in non-residential areas. Staff did a survey with the cities of Coon Rapids and Blaine_and presented the Commission with another draft of a proposed ordinance. Haas reviewed this draft with the Commission and stated that the City needs some specific language as far as materials used for curbing. Blake and Haas will prepare a new draft of this proposed ordinance to include specific set of standards on curbing and verb age on parking lot islands for traffic control. This will be ready for the Planning and Zoning Commission to review at April 24th meeting. ORDINANCE NO.8, HOME OCCUPATIONS Blake reviewed a redraft of the proposed ordinance with the Commission. It was decided to reword the verbage in Section 0, entitled "Vested Rights". Also, under number 8 (c) it will be reworded that the home occupation portion of an outside storage area shall not exceed 800 square feet. ~) This ordinance will be redrafted with these changes and scheduled for a Public Hearing at the April 24, 1990 meeting of the Planning and Zoning Commission. ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -90 A RESOLUTION DENYING THE LOT SPLIT REQUEST OF ED FIELDS AND SONS INCORPORATED FOR A 2.5 ACRE PARCEL IN SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA WHEREAS, the City has received a request for a lot split per Andover City Ordinance 40 for a 2.5 acre parcel in Section 15 of the City of Andover; and WHEREAS, the Andover Planning and zoning Commission has reviewed request at their December 12, 1989 and April 10, 1990 and recommended denial of the request; and WHEREAS, the Andover City Council finds that the lot split does not meet the minimum requirements for lot size and lot frontage on an improved street and variances for lot size and frontage would be necessary in order to approve the request; and WHEREAS, the Council finds that no hardship exists on the property due to the unique shape and/or topography of the parcel and that several alternative lot configurations exist; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover, denies the request of Edward Fields and Sons, Inc. for a 2.5 acre lot split on the property described on the attached sheet. Adopted by the City Council of the City of Andover on this 1st day of May, 1990. CITY OF ANDOVER James E. Elling, Mayor ATTEST Victoria Volk, City Clerk ,) LEGAL DESCRIPTION FOR ED FIELDS LOT SPLIT :,) "That part of the West half of the Southwest quarter of the Southwest quarter of Section 15, Township 32 North, Range 24 West, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of the W1/2-SW1/4-SW1/4, Section 15; thence westerly, along the north line of the W1/2-SW1/4-SW1/4, a distance of 322.99 feet; thence southerly, parallel with the west line of the SW1/4-SW1/4, a distance of 337.57 feet; thence easterly, parallel with the north line of the Wl/2-SW1/4-SW1/4, a distance of 322.37 feet to the east line of the Wl/2-SW1/4-SW1/4; thence northerly, along said east line, a distance of 337.55 feet to the point of beginning. '~ -,..-.,-- I Subject to a roadway easement over the westerly 33 feet. inc~Ud~ng a roadway easement over and across a 33-foot strip of an t e easterly line is described as follows: Commencin t h northeast corner of the Wl/?-SW1/4-SW1/4, Section 15; then~ea t e westerly, along the north llne of the Wl/2-SW1/4-SW1/4 a d. t of 322.99 ~eet to the point of beginning; thence south~rl ,1S ance parallel wlth the west line of the SW1/4-SW1/4, a distanc~ of 339.75 feet and there terminating. ) , ) ,-/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 1, 1990 Engineering DEPARTMENT (l~ AGENDA SECTION NO. ORIGINATING ITEM NO. 3. Assessment Abatemen / BY: 86 19 The City Council is requested to discuss the concerns Rosella Sonsteby has on her assessment for Project 86-19, Dehn's Pond, etc. Background In 1989 Rosella Sonsteby gave the City Council a drawing prepared by Jeff Caine where Jeff indicated that an area along County Road 116 doesn't drain toward Dehn's Pond but rather to the west toward County Road 7. This information was sent to Bill Hawkins and to TKDA on September 7, 1989 for their review. John Rodeberg of TKDA sent me a letter on 12-15-89 agreeing that the area addressed by Jeff Caine does drain to the west and not to Dehn's Pond. (See attached letter). We discussed this with the Mayor and we agreed that Bill Hawkins should relay this information to Rosella Sonsteby and ask her to agree to amending her assessments. Mrs. Sonsteby attended the March 20, 1990 Council meeting where she disagreed with TKDA's calculations. She also discussed other aspects of the assessment for 86-19 that have been litigated. The City Council referred this back to staff to review the calculations and discuss them with Mrs. Sonsteby. I met with Mrs. Sonsteby and the following are her concerns. I will answer each concern as I go. continued COUNCIL ACTION MOTION BY ,j TO SECOND BY . , o Page Two May 1, 1990 Most of Mrs. Sonsteby's concerns were litigated and appealed after the assessment was made and the City's portion sustained. Concern: Mrs. Sonsteby is concerned that she is paying for some of the engineering cost that would apply to Good Value's area. Answer: This issue was dealt with during the litigation, not relative to the proposed adjustment in the assessment. Concern: Parcel 29 32 24 33 0001 (Church 40) Mrs. Sonsteby questions the area calculated. Answer: This issue was dealt with during the litigation, not relative to the proposed adjustment in the assessment. Concern: Mrs. Sonsteby also questions the assessing of the two smaller areas (32,801 s.f. and 28,800 s.f.) saying they aren't buildable. Answer: This issue was dealt with during the litigation, not relative to the proposed adjustment in the assessment. Concern: Parcel 30 32 24 44 0001/40 Her house and shed are on. Did we deduct for the highway right-of-way? Answer: No. We assess on the gross area basis (policy) so the assessments for raw land and developed land are equal. Concern: The area where her house sits - does it drain to Anoka or to Andover? The area that was included is 30,400 s.f. Answer: This issue was dealt with as part of the litigation, not relative to the proposed adjustment in the assessment. Concern: Road 7). have the Parcel 30 32 24 43 0001 - (this is the 40 next to County Mrs. Sonsteby believes the area to be 522,820 s.f. We proposed adjustment determined to be 636,000 s.f. Answer: Most of the difference is that her calculations do not include the County Road 116 right-of-way. Our calculations do as we assess gross area. The difference has to be the interpretation of the contour map. " ,~ Concern: Did we allow twice the area for Anoka County 116 right- of-way? Answer: Twice the County right-of-way times 1.5 cents per s.f. is the $9300 the County paid plus the County paid for the study by SEH, Inc. This study was used to negotiate with Anoka. Anoka did reduce their buy in cost from $300,000 + to about $120,000. continued '- 1 'J Page Three May 1, 1990 Concern: Parcel 29 32 24 41 0001 - (Sea horse parcel - just south of the Hay property and east of Dehn's Addition). First, can she build on the meandering strip of land without access from the Hay property and will the DNR and/or Corps allow her to fill, etc.? Also, in this 40 acre parcel there is an 18,400 s.f. island of higher than 870 property between two ditches - she is sure it is unbuildable. Answer: This issue was dealt with as part of the litigation, not relative to the proposed adjustment in assessment. Concern: Mrs. Sonsteby wants the City to assess park land. She appeared at the public hearing for improvement to the streets in Dehn's reciting the Statute. Answer: We did assess the park for one unit for street but, in this case (the storm drainage Project 86-19), we didn't assess any land below 870 of which all the park land in the Dehn's Addition is below 870. Concern: Woodland Creek. Concerned that some of Woodland Creek drains into Good Value, then west to the Good Value Pond. Answer: No. Woodland Creek has storm drainage that carries the storm water to Coon Creek basin (golf course). Not relative to the proposed adjustment to the assessments. ) 0J (J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 AGENDA SECTION NO. Discussion Items DATE ORIGINATING DEPARTMENT Engineering ITEM 4. Approve Quotes: NO. Altitude Valve;Water S stem BY: BY: The City Council is requested to authorize the Engineer to take quotes for the altitude valve for the water system. The altitude valve will allow the water system to be operated at a higher pressure off the new tower (#2); then phase in Tower #1 for lower pressure periods and for fire and sprinkling demands. The altitude valve was part of the overall plan. It is being bid separately to avoid the mark-up (administrative costs) the tower contractor would need to charge to provide a sub-contractor to provide and install the valve and appurtenances. We have disagreed with Tom Kirk over the desirable pressure for the Andover system. We have always had expectations tha~ the system will operate at about 60 lbs. pressure for the majority of the time. The existing system, Tower #1 area, operates at less than 57 lbs. which is the maximum pressure the system can reach without overflowing the tower. The City gets a lot of complaints on the pressure in the water system in the North Glen Area. We expected, when we got off the old pressure system at Well #1, we would be providing a more constant pressure of plus or minus 60 lbs. We are not able to do this at this time. The staff has asked TKDA to consider using Tower #2 for the entire system which will provide the entire system at a higher pressure around 60 lbs. plus. Tower #1 will be used during the higher useage period supply needs. The principal concern is how to circulate fresh water into Tower #1. continued COUNCIL ACTION MOTION BY ) TO SECOND BY ~ ~ .~ Page Two May 1, 1990 We also want to use Well #3 to its maximum because of its much lower radium content. This means that we need to operate off Tower #2 as a primary source. We are discussing how we can best get the higher pressure over the entire system yet keep the water in Tower #1 fresh. If we get the useage we expect during the sprinkling season it may not be a problem. We need to have a work session to discuss Well #4 so we can find an alternate water source and/or discuss the possibility of treatment of Wells #1 & #2. Enclosed: Letter from Tom Kirk, TKDA ) :JKDA TOL TZ. KING. DUV ALL. ANDERSON AND ASSOCIATES. INCORPORATED April 24, 1990 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101 612/292-4400 FAA 61=2.0083 ENGINEERS ARCHITECTS PLANNERS Mr. James E. Schrantz City Administrator City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55304 Re: Altitude Valve Installation Elevated Tank No.1 Andover, Minnesota Commission No. 9368 Dear Mr. Schrantz: We are herewith transmitting ten (10) copies of the plans and abbreviated specification for the referenced work. These are sent to you for review by yourself and/or the City Council, and for soliciting flnn pricing for the work. As you know, the installation of an altitude valve for Tank No. I will have the effect of isolating this tank from the overall system pressure established by the new elevated tank, Tank No.2. At the City's request, the control of all of the well pumps is being transferred exclusively to Tank No.2, so that the older 500,000 gallon capacity Tank No.1 will serve only as a water reserve; it will not function to normally supply the water system. This method of operation is not in conformity with the two-level pressure system which we proposed, with a pressure control valve located adjacent to Coon Creek, but rather unifies the entire water system on the pressure derived from Tank No.1, in accordance with the City's direction. While this latter method of operation will serve to increase the overall system pressure, care must be taken to insure that water in Tank: No.1, as inactive storage, is of acceptable quality to be introduced into the system if, and when, Tank No.2 is drawn to so Iowa level that the altitude valve opens to admit water from Tank: No. 1. We hope that the attached are acceptable. If there are any questions, please let us know. Sincerely yours, ~~L:::,~ " JTK:j ) Enclosures cc: Mr. Davidson Mr. K. Johnson ~ - .. '.. <_J L SCOPE OF WORK This work consists of the installation of a new lO-inch altitude valve at the City's elevated water storage tank No.1. The new valve will be located within an existing valve vault, designed to accommodate the valve. The valve vault is located within the tank foundation. II. SPECIFICATIONS A. Pipin~ Ductile Iron, ANSI A21.51, Class 51 Flanged Cement Mortar Lined (ANSI A21.4) Exterior Coating to Match Existing Vault Piping B. Fittin~s Cast Iron, Short Body, ANSI A21.10 Cement Mortar Lined (ANSI A21.4) 150 psi Working Pressure 100 psi Water Harruner Allowance C. Butterflv Valves Cast Iron Body, Rubber Seated, A WW A C504, Class 150B Two Flanged (ANSI BI6.1, 125lb) Type Handwheel Operator Pratt, Dresser or Equal D. Altitude Valve Cast Iron, ASlM A48, Body and Cover Brass, Bronze or Stainless Steel, Trim Cast Brass or Stainless Steel, Pilot Two-Way Flow with Minimum Adjustment Range of 50 to 150 feet Golden-Anderson, CIa-Val or Equal . ) "11"" ! ~ 1 t I I II I .0 " :< ~ I!r iJil fll' t 'l illi r I'll . J ~t-3 ~~ ;~ I OJ ~p ~ ~g ~ ~~ ~ Ii z ~ m .> r-.~,~ ~c~ >-'- ~m~ (g~ i!,~~ z _> "'~z ~z'> S)'G>.4 .... - ~ 6 m ~ z o ~ m ;D 3: z z m en o i! ~) tJ) m ~ a c: ~ z: [Tl. ~ \J r ~ z:. I ! ! "1 ! III ~ ~ ,.. .. ,.. Ii" ...~n M,..! ~-= = _.n -0_" :,!=2 Iori.ct ,.. .,..~ !:..li ,.. - ~..'" 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'\. \ '--..J -l .,. elf) R"'~ o~ ?~f- fTl-o -:-:..~ ~~ ;:~if- C' ....... j -i::i ~-9 =::., f~ ?-._'''::~ .~...:.. ;\J ~.;~ ::.t.l.:' ,.;~:,,,<; >1" ~ 'm:>' '~:i. ..' "I'" ',l' ~ ~. ~~ -, ,",' ~t. "Iii I m lJ\X (') - )>d"J fD-l .. z .b: G\ 1\ ,- lJ C?r J;> r:.. ~.~'.--:-7~ >?;:: : ....' .' ")' '::'{:i:. \ ;"'V S- '; ;" ~ '. .:It-...... t--- . I" . ~ II ~ ~ .' '. \',' '~1: --7: I >t'~ IE ':: ':'! ~.!=:-;;: .1-';'e'~ ~,.'. ~ ,e ,< ~ "0; ..:.! ~~~~ .~. ';:'1 .;:: . /"- .~..:.' ,:.;. - '. , ,. rJ'. ....... r-...... '--' .' ~- C ) . , I . '. .' ~ t' ']1 ~!... c. .: \." I" .- , "J." , ,~ .' ~. :, m >~ x f\)(- t- lJ\ ~-t. ~ - If) ,- ~ (j)O _ . I ~ rq 0 0 0 . \.....; JJ - - \"'... ;~ \:9" !Jl I I ~ . , U\ :'. ~ .:n 'j ,- e I ';i " ~ \ '" '.' \) -.,. ') . , E='=2':i '. '. - .. - - /' td.....:;.:~.. ,:.,".I.,,,;,,~'~ = '~:J.."-!"'~:"1~':)1'~'.'. ......... -'~ -T1T~ . :iQ. .:::. - ~~ . ?, m '.~' x - "~ ~ ,.~ 4 'j. . :f !a' " ~ ~~ 7" / + 1; -, J>, I " T \. k.__ _ _~:~~ '.. r- " ~~ ,I, '. " .' .~\ \.t . . '.- ~. ... " '. ;) ~ 't. " '!"'-'. ,:..,';...~; ,'.'./. :;<!..:"~'- '. ",,'.' .,~. .... '.; ". ..:-ty-.- T.. " __l--, - - It\~ - ~~ , ,- &'-0" ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACfION May 1, 1990 AGENDA SECTION NO, Staff, Committee, DATE ORIGINATING DEPARTMENT Engineering .($. FOR ITEM NQ 6. Park Dedication Re uirements cont BY: The City Council is requested to discuss the park dedication requirements. This item was tabled from the last meeting to allow staff to discuss the requirements with the Park and Recreation Commission. At the last Park and Recreation Commission meeting of April 18, 1990 staff presented the current ordinance to the Commission. The Commission is correct in interpreting the ordinance as to how to determine the market value of the land by hiring the appraiser. This will give consistency in urban versus rural, low land versus high land, etc. in determining the market value of the land. Attached is a Motion by the Commission to the City Council to continue the process the staff is currently using. The last ordinance amendment dealing with park dedication require~ents was December 19, 1989, Section 9.07.11 Metes and Bounds Lot Splits. The amount shall be determined through the same process as outlined in Section 9.07.05. See attached Ordinance 10, Section 9.07 relating to parks, playgrounds, open space and use. COUNCIL ACTION MOTION BY _) TO SECOND BY :---. h. shall water which area. Natural Features. In the subdividing of land, regard be shown for all natural features, including tree growth, courses, historic places and similar amenities of the area, if preserved will add attractiveness and stability to the ~) ':..i i. Lot Remnants. area or dimension must be rather than be allowed to Lot remnants which are below minimum lot added to adjacent or surrounding lots remain as an unusable outlot or parcel. 9.07 Parks, Playgrounds, Open Space and Public Usel. 9-13-74) ( lOA, 9.07.1 Lands of Public Use or Other Provisions. Pursuant to Minnesota Statute, Chapter 462.358,~as amended, the City Council of the City of Andover shall require all owners or developers, as a prerequisite to approval of a plat, subdivision or development of land, to convey to the City or dedicate to the public use, for park or playground purposes, a reasonable portion of the area being platted, subdivided or developed as hereinafter specified. Said portion to be approved and acceptable to the City or in lieu thereof, the owners or developers shall, at the option of the City, pay to the City for the use in the acquisition of public parks, open space and playgrounds, development of existing public park and playground sites, and debt retirement in connection with land previously required for public parks and playgrounds, an equivalent amount in cash based upon the undeveloped land value of that portion of said land that would have otherwise been required to be dedicated. The form of contribution (cash or land) shall be decided by the City based upon need and conformance with approved City plans. 9.07.2 Dedicated Land Requirements. Any land to be dedicated as a requirement of this section shall be reasonably adaptable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, tree cover, access and location. " 9.07.3 Standards for Determination. The Park and Recreation Commission shall recommend to the City Council adoption of the Comprehensive Park Development Plan for determining what portion of each such development should reasonably be required to be so conveyed or dedicated. Such Comprehensive Park Development plan may take into consideration the zoning classification assigned to the land to be developed, the particular proposed use for such land, amenities to be provided and factors of density and site development as proposed by the owners or developers. The Park and Recreation Commission shall further recommend changes and amendments to the Comprehensive Park Development Plan to reflect changes in the usage of land which may occur, changes in zoning classifications and concepts and changes in planning and development concepts that relate to the development and usages to which the land may be put. j Page 15 \ .~ 9.07.4 Park and Recreation Commission Recommendation. The Park and Recreation Commission shall, in each case, recommend to the City Council the total area and location of such land that the Commission feels should be so conveyed or dedicated within the development for park, playground, open space and public use purposes. 9.07.5 Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the owners or developers in lieu of a conveyance or dedication of land for park, playground, open space or public use purposes, the Park and Recreation Commission shall recommend to the City Council the amount of cash said Commission feels should be so contributed. Such recommendation shall be based on the market value of the undeveloped~ land that would otherwise have been conveyed or dedicated. 9.07.6 purposes of the final following: Market Value this Ordinance plat without of Lands. "Market Value", shall be determined as of the improvements in accordance for the time of with the a. The Park and Recreation Commission and owners or developers may recommend as to market value. b. The City Council, after reviewing the Park and Recreation Commission's recommendation, may agree with the owner or developer as to the market value. If agreement is'not reached in this manner, then the market value shall be determined by an accredited appraiser chosen by the Park and Recreation Commission, at the expense of the owner or developer. Such appraisal shall be accepted by the City Council and the owner or developer as being an accurate appraisal of "market value". (lON, 3-07-89) 9.07.7 Density and Open Space Requirements. Land area so conveyed or dedicated for park, open space and playground purposes may not be used by an owner or developer as an allowance for purposes of calculating the density requirements of the development as set out in the City Zoning Ordinance. The land shall be in addition to, (except for 9.07.8), and not in lieu of, open space requirements for Planned Unit Developments pursuant to the City Zoning Ordinance. 9.07.8 Credit for Private Open Space. Where private open space for park and recreation purposes is provided in a proposed non-residential development and such space is to be privately owned and maintained by the owner of that non-residential development, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so and that the following standards are met: ) Page 16 ,'--" a. That yards, court areas, setbacks and open space required to be maintained by City Ordinances shall not be included in the computation of such private open space; o b. That the private ownership and maintenance of the open space is adequately provided for by written agreement; c. That the private open space is restricted for park and recreation purpose by recorded covenants which run with the land in favor of the owners of the property within the non-residential development and which cannot be eliminated without the consent of the City Council; d. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space; e. That facilities proposed for the open .s~ace substantial accordance with the provlslons recreational element of the Comprehensive Plan, approved by the City Council and; are of and in the are f. That where such credit is granted, the amount of credit shall not exceed one hundred (100%) percent for the non- residential development of the amount calculated under Section 9.07.10. 9.07.9 Park and Recreation Commission Administrative procedures. The Park and Recreation Commission shall establish such administrative procedures as they may deem necessary and required to implement the provisions of this Ordinance. 9.07.10 Dedicated Land, Minimum Area. Developers of land within the City of Andover shall be required to dedicate to the City for park, open space and playground purposes as a minimum that percentage of gross land area as set out below: a. Residential Dwelling units/Acre (Gross Density) Requirement 0-3 10% Over 3 Add two (2%) percent to dedication requirements for each additional dwelling unit over three (3) units per gross density. ) b. Commercial-Industrial (10D, 8-07-79) 10% Page 17 ~ 9.07.11 Metes and Bounds Lot Splits. The Park and Recreation Commission may recommend cash payment in lieu of park land on metes and bounds lot splits less than twenty (20 a.) acres in size. The amount shall be determined through the same process outlined in Section 9.07.05. (lOP, 12-19-89) SECTION 10. CONSTRUCTION OF IMPROVEMENTS. 10.01 General Conditions. Upon receipt of preliminary plat approval by the Council and prior to Council approval of the final plat, the subdivider shall make provision, in the manner hereinafter set forth, for the installation, at the sole expense of the subdivider, of such improvements as shall be required by the City, which improvements may include, but are not limited to, streets, sidewalks, public water systems, sanitary sewer systems, surface and storm drainage systems, and public utility services. The installation of said improvements shall be in conformity with approved construction plans and specifications and all applicable standards and Ordinances. 10.02 Performance Contract. Prior to the installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a contract with the City which contract shall require the subdivider to construct said improvements at the sole expense of the subdivider and in accordance with approved construction plans and specifications and all applicable standards and Ordinances. Said contract shall provide for the supervision of construction by the Engineer; and said contract shall require that the City be reimbursed for all costs incurred by the City for engineering and legal fees and other expenses in connection with the making of such improvements. The performance of said contract shall be financially secured by a cash escrow deposit or performance bond as hereinafter set forth. 10.03 Financial Security. The performance contract shall require the subdivider to make a cash escrow deposit or in lieu thereof to furnish a performance bond in the following amounts and upon the following conditions: a. Escrow Deposit. The subdivider shall deposit with the Treasurer a cash amount equal to one hundred fifty (150%) percent of the total cost of such improvements as estimated by the Engineer, including the estimated expenses of the City for engineering and legal fees and other expenses incurred by the City in connection with the making of such improvements. (lOA, 9-10- 74) , \ / b. Performance Bond. In lieu of a cash escrow deposit, the subdivider may furnish a performance bond, with a corporate surety satisfactory to the City in a sum equal to one hundred fifty (150%) percent of the total cost of such improvements as estimated by the Engineer, including the estimated expense of the City for engineering and legal fees and other expenses incurred by the City in connection with the making of such improvements. (lOA, 9-10- 74) Page 18 Andover Pall: .md Recreation Cornmision '1/19/90 Meeting Minutes, pa,ge 'I ,) MOTION by Mamlock. seconded by by Woods to acoept application of Grace Lutlleran Dlurdl to reserve 2 softball fields looated next to Andover's City Hall on June 16, 1990 from 8:00 a.m. to 2:00 p.rn. Passed unanimously. Discuss/on: Cornrni:;;::ioner Linclahl suggested telling tile AAA ancl other groups using the fields. to police the area and clean it up before leaving. Frank :3tone suggested a required $100 deposit even for nonprofit groups. Commissioner Mamlock amended the motion. to include a $100 deposit on ground clean-up, tllat would be reimbursed upon inspection of grounds. Seconded by Linljalll; passM unanimously. D/sc['!;~si()n: Cnairman I<ieffer felt that another registration form for nonprofit organizations. such as .AAA and ohurdles, should include a required $100 deposit for ground dean-up, ttlat would I)e reimbursed upon inspection of same. He also adde(j t/lat tile MA shoul,j fill out application for tournaments. Todd Haas "1/111 contact Grace Lutheran Church concerning the field usage. .1i- PARK DEDICATION tvlr. Tocfcj Haas, assistant engineer, e)<pressed City Council ooncern on 110',11 parl<. dedication is collected, centering on tIle issue of appraisal. Currently.. lie is under direction of the Par1-< Board to hire an appraiser for every property that is bein'] split or sub-dMded. Ancfover City Council proposes using somebMy else's appraisal for the next parcel. The problem. according to council.. appears to be that an appraiser is being hired every time someone wants to split or sub-divide lots, including lot splits of less tl18n 5 acres. n-Ie appraiser charges $200 e8.0I1 time. This issue, aeoorcling to Haas, is on the a.genda of tile May 1 st meeting of the ei~f Gouncil. Commissioner Kieffer requested reco(ds to SllOW tllat the appraisals are fluctuating. He said that pre\/10usly, policy \vas formed on advice of tile city attorney; that assessments Sllould be $200 plus 10% of ra','{ marl':.et value. I<:ieffer then requestecl records of t11at meeting. Difficulty lies in each piece of property being different. OJmmissioner Lindahl expressed concern that the parl<. fee might deter some grovitll. but oost could be p8ssed on to the nev" owner. Haas said .Appraiser Curiis Larson is familiar with the area., and had been selected from a list , and is used exclusively in order to preserve oonsistency in appraisal. \ / , / , , I , /~) I , '\ ~ Andover Pa.r~; and Recreation Cornmision 4/19/90 Meeting Minutes, pa,ge 5 Motion by Lindahl, seoonded by Mamlook. that the Park Board oonours with tile park dedication ordinance as \vritten and accepted by the Andover Ci~r' Council 12/1 9/B9. Passed unanimously. FOX MEADOWS Motion made by Mamlock. seconded by DeLarco to approve spending of $13.319.20 to be taken from park dedication for the cost of seeding Fox Meadovls Parl<. anlj to transfer these funds to the general fund. D/sc!..lssi017: Franl<. Stone said that about $20.000 is remaining in park dedication funds. and that with a neVi computer. read-outs of available monies would I)e readilY available. , Motion passed witll five ayes and one na)'. Commissioner Anderson. (jissenting. TENNIS COURTS/CITY HALL Frank Stone stated that plans had been approved last fall. but tl""le courts could not be put in beoause of tIle weather. Todd Haas said minutes indioated to "bring it back for discussion" ancf that there ...vas to be "no price increase from tIle proposal from fall of 1989 to spring of 1990". Motion made by Mamlock. seoonded by Anderson; to pay $3.760 to Blaoktop Repair Service for two tennis oourts at en)' Hall. of 'Nhioh funding is to ()ome out of park dedication. Passed unanimously. Motion made by Mamlock. seconded by Woods; to transfer fees from tile general fund that are oollected for tournaments. to the parl<. maintenance budget to be used to replace and repair equipment namely. bases for .Andover Oty Hall. If the $450 from Blue Line can't be transferred into tile par~ maintenance budget funds will be taken out of park dedication. a maximum of $450 for ci~/llall bases. Motion passed unanimously. .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 AGENDA SECTION NQ Staff, Committee, f"nmm;<:<:;nn DATE ORIGINATING DEPARTMENT Engineering o(S~ 'T'nnn:r H"" <: APPROVED FOR AGENr fA BY: J / ITEM NQ 7. Park User Fee BY: The City Council is requested by the Park and Recreation Commission to consider the park user fees to be placed in the Park Maintenance Budget. Currently, the City requires applicants to pay a fee for the use of softball fields ($150 per field) for tournaments that are out to make money. These fees will belong to the City and be installed into the General Budget. The Commission would like to earmark the user fees to purchase bases, ag lime, etc. Chairman Jeff Kieffer will be at the meeting to discuss this item with you. COUNCIL ACTION SECOND BY Ando,"er PoJ~; and Recreation Commision 4/19/90 Meeting Minmes. pa,ge 5 . \ , ~) Motion by Undahl. seconded by Mamlock. that the Park Board ooncurs with the park dedication ordinance as written and aGcepted by the Andover Ci~{ Council 12/1 9l89. Passed unanimousl\{. , . ' FOX MEADOWS Motion made by Mamlock. seconded by DeLarco to approve spencling of $13,319.20 to be taken from park dedication for the cost of seeding Fox Meadows Park and to transfer these funds to the general func!. DiSf..;!Jssion: Frank Stone said that about $20,000 is remaining in park dedication funds, and that with a nevI computer, read-outs of available monies vloulcl be readitv avajlable. , Motion passed with five ayes and one nay.. O)mmissioner Anderson, (jissenting. TENNIS COURTS/CITY HALL Frank Stone stated that plans had been approved last fall. but the courts could not be put in because of the weather. Todd Haas said minutes indicated to "bring it bacv, for discussion" and that there was to be "no price increase from the proposal from fall of 1989 to spring of 1990". Motion made by Mamlock. seconded by Anderson; to pay $3.760 to Blaoktop Repair Service for i'NO tennis Gourts at Ciiy Hall. of which funding is to come out of park dedication. Passed unanimously. , Motion made by MamlocK. seconded by Woods; to transfer fees from the general fund that are collected for tournaments. to the pari<. maintenance t,udget to be used to replaGe and repair equipment namely, bases for .Anljover Oty Hall. If the $450 from Blue Une Gan't be transferred into the pali< maintenanoe budget fun.js will be taken out of park dedication, a maximum of $450 for city hall bases. Motion passed unanimousrr " / ~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 AGENDA ~N Commi t tee, NO. Commission DATE ORIGINATING DEPARTMENT Engineering BY: Todd J. Haas ('S'" APPROVED FOR AGEND~S '\\ ITEM 8. Ci ty Hall Tenni s NO. Courts BY: I The City Council is requested to reconsider refinishing the City Hall Tennis Courts per the request of the Park and Recreation Commission. City Staff has contacted the contractor, Blacktop Repair Service, to determine if he would agree not to increase from the proposal. Attached is the proposal to repair and refinish the court and a statement that Blacktop Repair Service agrees to extend the price to the spring of 1990. Options: 1. Use park dedication funds to repair the tennis courts. 2. Do nothing. COUNCil ACTION MOTION BY ) TO SECOND BY A-.d.vel' (..,'7: ffot.l\ Telln IS C_r+~ :~ Regular City Council Meeting Minutes - October 17, 1989 Page 9 , WARMING HOUSE CONVERSION Mr. Blake reviewed his findings on converting the warming house to storage versus renting storage space off site. He found It would cost from $1,000 to $2,000 to convert the warming house, plus the cost of an additional warming house for the hockey rink. The additional warming house is In the 1990 budget, but there Is nothing budgeted until December of this year. RentIng storage space off site will be from $300 to $600 per year. He had no recommendations for the CouncIl. Council was concerned about storing flIes, feeling to preserve them they must be In a special clImate-controlled environment. Mr. Blake stated he did not look into that optIon. The problem will become more serious when the City starts generatIng reports from the FInance Department when the computer is up and runnIng. Mr. Koollck noted the computer will not be functIoning before sometIme in 1990. Discussion was on other options of mIcrofIlming records, convertIng the conference room Into a storage room, or rentIng storage facIlitIes that are archIves for files. Staff noted the storage problem will be between November through February 15 when the exIstIng warmIng house will be used, because many maps and flies are stored In there now. CouncIl felt that some place wIthin the CIty Hall could be found to store those items now In the warmIng house untIl February 15 when the warming house can be used agaIn. In the long term, Mr. Blake was asked to InvestIgate the costs of microfilmIng, of renting archIves for storage, or other options to store on sIte. ~ REFINISH CITY HALL TENNIS COURT Mr. Stone stated the contractor would no longer work on the tennIs court beyond the end of September because of the weather. They are askIng to carryover the contract for 1990 at the same cost. The Council asked that the Item be brought back agaIn In 1990 for discussIon at that tIme. LOCATOR/PUBLIC WORKS MOTION by Orttel, Seconded by Perry, that we approve the purchase of the utility locator for an amount not to exceed $1,795, subject to the approval from the Finance Director that budget funds remain in that bUdget from the Enterprise Fund. MotIon carrIed unanImously. ) ( , ) Jroposul Page No. of Pages BLACKTOP REPAIR SERViCE 16340 Nowthen Blvd. Anoka, MN 55303 Phone 753-1127 CATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: 1.,12 H tJ-U ZI~~ ~);:-~ - 0..- I(~ r;uf ~ It> ~ -' d')~~f7 ~ ~ J. Sh."7;~~ ~ ~ ...... --zt.E:~..-t-: ~ 4 ~ taP ~ to;:;J, M 0A-jz.iJJ i ~ -l- /-0 3c" /V.....e... "f tcJ::u. /Yf:.E:d /(~ ~j7~' fo)..~ e>-{ ~. JJ ..' -: 1J1f- 4aJ ~ p~ ~, u)J-i ~ (L4~ ~ ~ ~ ~ ...r fl> ~ ~- S"~ oJf~"'" fD 0" 0.1 ~ /jhp ~/J'. t.. r: X'~ ~, 4if $- R~~ 1- L'/2,....~ ~ ~ . ~-rtrM~) ~ ~ ~ jd-C--/4 a ~ _.d. ....?7~p7 /4 ..3. {!~ t--P. ~ C--t? - f-fl-+ C;;~A' /7 ~d;~' . -y . I~ C-;t 4~ .!)tl),..... ~ ~ /' t1~ :J.- ~ p~ Cl~ z=~ ~~- //o/I>D ~ ~~ . /l.-.f$~'j': ~/~. &} 8" -.tz..~.F-'1~ me JropOlll' he,eby to furnish material and labor - complete in accordance with above specifications. for the sum of: Payment to be made as follows: dollars ($ c:S ;7.6611 Cld ). . , ~ All materIa' is iU.I,anteed to b~ as specified. All work to be compleol:l!d in .. workmanlike manne, Kcordina: to standard practices. Any alteration or deviation from above sp...c.f,ca- lions involVing eatra costs Will be executed only upon written orders. and WIU become an extra charge over and above the estimate. All agreemenls contlngenl upon strikes, aCCidents or delays beyond our control. Owner 10 carry fir,. fnrn-l,itt ",,,<t nth.., n~cessary inSUrance. Authoflzed SIgnature Note: This proposal may be Withdrawn by us If not accepted Within ';;0 days. ) Slgnat'ure Date of Acceptance: Signature // "=~==~=~~~.c,=~=.,~~.,~="J JropO!i,t! Page No. of Pages r " ) BLACKTOP REPAIR SERVICE 16340 Nowthen Blvd. Anoka, MN 55303 Phone 753.1127 PHONE JOB NAME CITY. STATE AND ZIP CODE ~ ARCHITECT JOB leCA nON ~. 5':;-~" 3-.. DATE OF PLANS JOB PHONE We hereby submit specIficatIons and estimates for: fr&.- 4~. ~ of..> .~ oft ~cuV ~ ~ ~ e-( ~ /fJ?7- J ~~-< ~ af //.-Lf/. ~~cL~ f~(l:-) fa!/v ~ c{ /'170 JJk~ ~.F~~' JIll' JruJlUSl' hereby to furnish material and labor - complete in accordance with above specifications. for the sum of: Payment to be made as follows: dollars ($ ). , All material is gu.a,anteed to be as spe(:,fied. All work to be compl~ed in a workmanlike manner accordina: to standard practices. Any alteration or deViation from above sp~lfic.' !ions .nvoh'lnll: ..tra costs \l1li'111 be eltecuted only upon wntten orders, and ......11 become an .dr. charge over and above the estimate. All agreements contingent upon strikes, acc.dents or delays beyond our control. Owner to carrv forf" tnr"~rl" "'"It nth,., "~cessary Insurance. AuthOrized Signature Note: This proposal may be Withdrawn by us If not accepted WithIn days.) Atttp1alUt of Jropo.aal- The above prices,speclflCallons and conditions are satisfactory and are hereby accepted. You are authOrized to do the work as specified. Payment will be made as outlined above. Slgnafure Date of Acceptance: Signature .=.==:=o=~.~,~~~~~~=.="=/. , "- <J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 AGENDA SECTION NO. Staff Committee Comm. DATE ORIGINATING DEPARTMENT Finance BY: ITEM NO. 9. SAC Rebates o BY: Howard Koolick ~ REQUEST The Andover City Council is requested to review the enclosed research regarding the status of SAC Charges collected between January 1, 1973 and December 31, 1977. BACKGROUND At the regular City Council meeting on February 20th, the Andover City Council requested research be done regarding the status of SAC payments for the period of 1973 through the passing of a resolution in 1977. The research was requested to determine what was done with SAC charges collected during this time for. properties not yet on the City sewer system. Attached to this memo is a copy of resolution ~57-7 which was adopted in May of 1977. This resolution established the City policy of holding in escrow the SAC charges and not remitting them to MWCC. (See Exhibit A) DESCRIPTION OF PROCESS USED Based on this resolution, staff attempted to reconcile actual receipts for SAC charges to the monthly SAC report for the period prior to the resolution. The results of this reconciliation are shown on the two-page table entitled "SAC HISTORY". (See Exhibit B) The major difference occurs in 1977 where there are 17 SACs collected which were not reported. This appears reasonable when viewed in light of the audit results from MWCC in their letter dated August 15th, 1979. To my knowledge and MWCC's, this amount was never paid. COUNCIL ACTION ,) MOTION BY TO SECOND BY \ -) Once the monthly reports were reconciled, staff attempted to obtain addresses for all properties which paid a SAC charge during this period. The addresses were taken from the actual receipt, books containing building permit listings and copies of sewer connection permits. Out of the approximately 725 properties that paid a SAC charge, only 5 addresses could not be found. At this point, these addresses have been left out of all further research. A comparison of the address listing to the list of SACs the City has collected for those properties not yet connected to the sewer system resulted in the listing entitled "SEWER AVAILABILITY CHARGES REMITTED TO MWCC." This list shows the properties and amounts remitted to MWCC from 1973 through 1977 for properties not currently connected to sewer. It is my belief MWCC owes the City these amounts. NOTES ON AMOUNT OWED TO CITY Several items on this list need to be noted. First, this listing includes properties within the City year 2000 MUSA line. Should MWCC be willing to refund the amount we say they owe (which is not guaranteed), there is no doubt that they would refund all of it. Since they began the refund program, it has been their policy to refund all or nothing to a city within various areas. Since the properties within the 2000 MUSA are scattered, I believe that they would also refund those amounts. Secondly, of the five unknown property addresses, two are on the the list of properties which do not yet have sewer service. These two addresses are 550 Bunker Lake Boulevard and 1451 146th Lane. It appears that the latter of the two was sent to MWCC while the first address is included on the list of 20 addresses withheld in December 1977. DISCUSSIONS WITH MWCC I have contacted Lois Spear, Controller at MWCC about this issue. While we did not talk actual numbers, we did discuss the issue and she is looking into it. I have attached a copy of a 1988 letter from MWCC to the City indicating that it was there opinion that MWCC was holding no money for the City. It should also be noted that the period for refunds from MWCC has expired. This may make it difficult for the City to recover this money. If MWCC does not refund the money, the residents would be paid in full if they hook up to sewer. As of the writing of this memo I have not heard back from Ms. Spear. I will attempt to get additional information before the meeting. However, based on our discussion, it sounds like the process will take some time since it will involve MWCC performing an audit to determine what properties and amounts are involved. STATUS OF REFUND LETTERS ) / At the February 20th meeting, Council instructed staff to send the refund letters to the effected properties. A number of these properties fall into the 1973 thru 1977 timeframe. (The total is approximately $20,000) While the City has offered to refund their money, the research indicates that MWCC has their money, not the City. City Council will need to address this topic and provide direction to staff on how to proceed. \ ~J A second topic which requires direction from Council is how to proceed with those properties that have not responded to the refund letter. Of the approximately 210 letters sent, approximately 55 have not responded as of April 25. The deadline in the letter was April 30th. Options could include refunding the money if the City can get the name of the property owner, holding the money until sewer is hooked up (i.e. no refund made), send a second request or other options as City Council may see fit. Please note that the SAC refund checks included with the claims for approval this evening include only amounts paid after December 31, 1977. ITEMS COUNCIL NEEDS TO DISCUSS The following is a summary of the items City Council needs to discuss: 1. How to handle refunds to those people who paid SACs in 1973 thru 1977? Options include having the City front the money assuming MWCC will refund it, waiting on their refunds until we hear from MWCC or waiting until we know if the money will be refunded. 2. If City Council decides to wait, should the affected residents be notified of the delay and possibility that the money may not be refunded. 3. How to proceed for those property owners who have not responded to the refund letter? 4. How to respond to any additional information available at the meeting. ) ./ ....... -.,.- ,;.:;:.': .----------- .~- ,~ '~ ....._J.: ".' .~_.,-....< EXHIBIT A CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA '~ NO. ,R57._ 7 WHEREAS, the Metropolitan Waste Control Commission did establish in 1972 sewer service areas in that part of the metropolitan area primarily served or to be served by sewer interceptors; and WHEREAS, the sewer service areas established in 1972 presently serve as the basis for sewer availability charges (SAC) for allocation and collection of interceptor and treatment plant costs attributable to reserve capacity; and WHEREAS, the Waste Management Chapter of the Metropoli- tan Development Guide Plan adopted by the Metropolitan Council recommends the shrinking of the outer perimeter of the present metropolitan sewer service areas to conform with the urban service area designated by the Development Framework; and WHEREAS, the Metropolitan Council has not taken action pursuant to repeated requests by the Andover City Council to amend the sanitary sewer service areas to conform with the Waste Manage- <€f~ ment Chapter as a basis for collection of service availability ~ charges; and \ ~ l.- WHEREAS, the City is of the opinion that the Metropolitan Council ..if; without legal authority to impose the service availabil- ity charges in those rural areas for which no excess capacity exists; and WHEREAS, the City of Andover believes that they have no other recourse in fairness to their residents having to pay a service availability charge for reserve capacity which does not exist; NOW, THEREFORE, BE IT RESOLVED by the City of Andover, to hereby establish an interim which coincides with the urban service area for collecting the sewer availability charge. City Council of the sewer service area, _ .f'~ ~...""{..i.~(V' r the purpose of .,,::....>Id '.:- ),. , FURTHERMORE, BElT RESOLVED, that the City of Andover shall collect and deposit into an escrow account those service availability charges collected from that area outside the urban service area and within the original sewer service boundaries. That it is the intent of the City to refund to all residents those SAC charges collected for homes not included in the final sewer service areas to be established by the Metropolitan-Waste Control Commission as a part of the Waste Management Chapter. ~'~"'\ _....-. ". "0' ) ,""-- EXHIBIT A FURTHERMORE, BE IT RESOLVED, that the City Council hereby requests that the Metropolitan Waste Control Commission refund all SAC charges collected from residents of Andover residing in those areas for which no reserve sewer capacity has been allocated. Adopted by the City Council of the City of Andover this::5 ~ day of MAY , 1977. CITY OF ANDOVER ~. "-'-~ Je y Wi schitl - Mayor eJ (<'2.~ -....-....., ~ , \ ~ EXHIBIT A CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R57 - 7 (Amended) A RESOLUTION AMENDING RESOLUTION NO. 57 -7, ADOPTED ON MAY 3rd, 1977, SETTING FORTH COLLECTION AREAS FOR SAC. The City Council of the City of Andover hereby resolves: To establish an interim sewer service area,w~~hi:r;J- ~~ ,Metropolitan Waste Control Commission District No.2, which .falls:.within ".the urban service area for the purpose of collecting the sewer availability charges. ~Corresponding paragraph in Resolution 57 -7 is hereby deleted. Adopted by the City Council of the City of Andover this 20th day of Deeember , 1977. CITY OF ANDOVER ~ / (;) . t2-./A:O J rysChitl - Mayor ATTEST: I I I I EXHIBIT B CITY OF ANDOVER SAC HISTORY 1973-1977 .,-) SACs Remitted per SACs Collected Reserve Capacity Year Month per Receipts Monthly Report 1973 January 6 6 February 8 8 March 9 9 April 6 6 May 8 8 June 8 8 July 6 6 August 9 9 September 5 5 October 9 9 November 1 1 December 3 3 Total 78 78 1974 January 1 1 February 5 6 March 9 9 April 4 4 May 10 9 June 2 3 July 1 1 August 12 12 September 1 October 1 1 November December Total 45" 47 1975 January 1 1 February 1 1 March 1 1 April May 2 2 June 5 5 July 1 3 August 3 2 September 1 1 October 2. 2 November December 14 13 Total TI TI '\ , ) ~) Year 1976 1977 EXHIBIT B CITY OF ANDOVER SAC HISTORY 1973-1977 Month SACs Collected per Receipts SACs Remitted per Reserve Capacity Monthly Report January February March April May June July August September October November December Total 9 9 19 15 5 6 16 16 19.5 52 53 114 333.5 9 9 20 15 5 6 16 16 19.5 52 53 110 330.5 January February March April May June July August September October November December Total 9 13 29 42 31 17 18 23 30 32 10 25 279 9(plus 5 13 from '76) 28 40 26 16 15 23 28 30 9 5 242 The difference in each year is as follows: \ ) 1974 - Unknown 1976 - Five SACs received in December 1976 paid in January 1977; Two SACS unknown difference 1977 - Twenty SACs in December withheld and rebated to residents (See attached list); Seventeen additional SACs received which are unknown difference \ ~) EXHIBIT B CITY OF ANDOVER SAC HISTORY 1973-1977 LIST OF ADDRESSES WITHHELD IN DECEMBER OF 1977 15880 University Avenue 16421 Ward Lake Drive 15327 Nightingale Street 134 - 146th Lane 16680 Crosstown Boulevard 15830 University Avenue 14861 prairie Road 16440 Ward Lake Drive 260 Constance Boulevard 15380 prairie Road 15340 prairie Road 15921 Swallow Street 331- 157th Avenue 15875 Nightingale Street 15534 Kumquat Street 140 Andover Boulevard 971 Constance Boulevard 450 -156th Aveneu 15614 Kumquat Street 550 Bunker Lake Boulevard . \ ) .....-- ~ ~~ ., . :=::::::::::::: ~ ~~ t010 Metropolitan Waste Control Commission Me:l!; Puk Centre, 230 E:tst Fifth Street, St. P:lUl. Minnesota 55101 -, 612 222-8423 November 16, 1988 ,. Mr. James Schrantz City Administrator City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Dear Mr. Schrantz: This letter is to confirm the understanding of the Commission regarding Service Availability Charge (SAC) refund to your community. Prior to the Commission changing the policy to collect SAC only if connecting to the sewer system, the city remitted SAC only as if the amended policy was in force at that time. While the city collected SAC in accordance with the previous policy (within the Se~"er Service Area) they only remitted SAC to the Commission for those permits where connection to the sewer system was made. On this basis the city actually retained in escrow the SAC collec~ed which would be eligible for refund under the current policy. Therefore the Commission has the understanding that because SAC was remitted only for sewer connection permits, the city has already received the refund for eligible units under the policy change. Henceforth the city is responsible for payment of SAC for any new per- mits issued for connections to the sewer system whether or not they had been previously paid by the property owner. This letter confirms that the City of Andover has not remitted SAC collected on permits not connected to the sewer and therefore has no units eligible for refund. If you have any questions ~n this regard, please let us know. Sincerely, ~~ James J. Hiniker _ Acting Administrator JJH:RAO:jle cc: E. J. DeLaForest C. R. Payne L. I. Spea!=". , R. L. Berg ) ~ 0 'f;:"l7"', ~ .. .""'....-- i :' - ~ t () ..~ ~ ~ _~ _' ) - 1 ./ :J - .... '\ ,"_ 4 .;-} ;.: :'nT~~.::;L ""f"i':;-t' ! "c"-.n .....! I . I .. J ~ ....'"- ", . ')0. , " ~~~~ =~. ~~;:; ~~'~~l " I I i \ I j ~ mETRO fOURRE BLDG. 7TH & ROBERT fTREETI IRlnT PRUL mn 55101 612222.8A2l nr\--~D')0t * U~ .~~~ ~I f} ,7 ~ ""'- ~ fn-r August 15, 1979 Ms. Pat Lindquist City Clerk City of Andover 1685 Crosstown Blvd. N.W. Andover, Minnesota 55303 Oear Ms. Lindquist: This is in reference to the recent audit conducted by the Comptroller's office of SAC Charges for the period 1-1-77 thru 6-30-79. The audit indicates that the following SAC Charges are due the MWCC by the City of Andover: Year Number of Units SAC Rate Amount Due for Year J I" i'~ /~u~/ II S \ ..v./j, ~~.~ r.},(j .)- . Interest will continue to accumulate at six percent (6%) per annum plus \Y 0/7 a one-half of one percent (1/2 or 1%) per month delinquency service charge \1\~ for administrative expenses until the $18,900.00 plus accrued interest and 1\ . delinquency service charged is remitted to the MWCC as per policy VI (Page 1-3) of the reserve capacity charge manual. If these monies are not remitted to the Commission, the Commission may instruct the Metropolitan Council to certify to the auditor of the county in which the Local Govern- ment unit is located, an ad valorem tax to be levied on all taxable property in said Local Government unit in the amount required for payment of such delinquency. 11 4 31 $375 400 425 $ 4,125.00 1,600.00 13,175.00 $18,900.00 803.73 846.01 1977 1978 1979 (thru June) Total SAC Charges Interest due as oer attached schedule Carring charges as per attached schedule Grand total due the MWCC $20,549.74 " " ~js. PatLllluquist City Clerk City of Andover August 15, 1979 Page Two . '1 ,----J The Commission wou1d rather meet with you to discuss the SAC charge procedures we are presently mandated to follow rather than initiate the certification to the County Auditor. Please contact this office so as to arrange a meeting at a mutually convenient time. Sincerely yours, ~~)E?9() Chief Administrator RJD:RLB:hy cc: R.L. Berg M. 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" " '" ~ ~ ~ ~ ~ .0 ~ III 11.1 +-' E Ill.o ..Q ..c ~ (f) aJ..Q E E u.-c Q) ~::J'" 0 <1J QJ '"' '"' >.C,....{ tIOO,+-, > u ~~~..;..;~~8g~ '" ~~ 1O::J..c ,....{ ;:l s.. U...... Q) C..Q~~>'C 10 <1J 10 a. 10 :l '":lc.....Z<Z'":l '" " '" .... ~ '" -" ~ '" E '" en "'"' >. ;:l ..... 0 ...-i tJ} 0. ..... :l ::I 0) U "':l<UlO ~ ~ '" '" -"-" E E '" '" > U o '" ZO '" >.~ ~ '" n:l ::l.c ,....{ ::l ~ u...... l1J c:.o~,",>,c ro III I'tl 0. n:l ::I '":It...:I:<C:X:~ roO " en ~ ~en "'~ ~ "' ~ Ol~ ",0 """' "'~ '" II 0/'" 00 "''' "'''' " 1/ "',.... '" "' :r "' "'''' " II II II II CIl ...J "'" f- o f- Cl Z "'" '" '-' ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 DATE ORIGINATING DEPARTMENT ITEM NO. 10. Sidewalks/Creekrid Bent Creek; MSA, cont. BY: Todd J. Haas .{~ AGENDA SECTION NO. Staff, Committee, Engineering e; The City Council is requested to approve the resolution ordering preparation of a feasibility report for the improvement of sidewalks, 90-12 and 90-13, in the area of Bent Creek Estates along Bunker Lake Boulevard and in the area of Creekridge Estates along Coon Creek Drive. This item was tabled to allow staff to discuss this item with MNDOT District Engineer. In discussion with MNDOT, the City is required for sidewalks to submit the same type of plan sheets that are for MSA street plans. It is recommended to hire BRA to prepare the feasibility reports. MOTION BY .) TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~) RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF SIDEWALKS, PROJECT NO. 90-12, IN THE BENT CREEK ESTATES ALONG BUNKER LAKE BOULEVARD AREA. WHEREAS, the City Council of the City of Andover the need for improvements, specifically sidewalks described area: Bent Creek Estates along Bunker Lake is cognizant of in the following Boulevard; and WHEREAS, the City Council proposes to assess the benefitting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to BRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman Meeting this and adopted by the day of City Council at a , 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 ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF SIDEWALKS, PROJECT NO. 90-13, IN THE CREEKRIDGE ESTATES ALONG SOUTH COON CREEK DRIVE. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically sidewalks in the following described area: Creekridge Estates along South Coon Creek Drive; and WHEREAS, the City Council proposes to assess the benefitting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to BRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman City Council at a Meeting this and adopted by the 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 , I j Q CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 DATE --!'.r..,....;-i-7"7-;-i.~ ORIGINATING DEPARTMENT A)lr?,~E~,I\:R B:~bl::a::'::one ~ B~ -tf-J AGENDA SECTION NQ Staff, Committee, ITEM NO. 11. Public Works I would like to know if we are going to purchase any capital Equipment for 1990. As you know, all capital Equipment was removed during the budget meetings for 1990. A. We are in bad need of a Combination Vac-All Jetter to maintain sanitary sewers, storm sewers and watermain gate and curb stop valves. This combination unit can also be used in the street Department. Right now, we have to enter each manhole and shovel out debris. Before entering, I have to check the manhole for air quality and write a permit for each manhole entered and list the safety equipment to use for each manhole. This is very time consuming for the crew and myself. But, this only creates better safety for the crews working in contaminated areas. With the Vac-All Jetter unit very few manholes would have to be entered because debris would be vacuumed out of the sewer system from the street surface. The Vac-All Jetter would increase safety and health protection and will double production. This unit would replace two old units we have and would take less space for winter storage. The estimated purchase price is $120,000.00. B. Truck Front Plow wing and Sander! (Added streets) We are still running one truck behind on snow plowing schedules and need more sanding equipment. We are five years behind on getting this truck. This year we should have been replacing the 1980 unit we have. Plowing and sanding trucks should be replaced at the age of 10 years. So, to stay in step with equipment we should purchase one new additional truck now for 1990; replace our 1980 truck in 1991; and replace our 1983 truck in 1993. The estimated price per truck is $55,000.00. continued COUNCIL ACTION ) '-- MOTION BY TO SECOND BY ~ \::::: Page Two April 17, 1990 Public Works Capital Equipment C. Replace fuel tanks at Public Works Building. In our Capital Budget we have $15,000.00 for replacement of tanks and that's just what it will do; replace the tanks. We will need in the area of $15,000.00 more to redo all piping, wiring, automatic tank gauging, vapor monitoring, spill-over prevention, installation, disposal of old tank and gas pump rebuilding. Also, I would request that we have TKDA write the specs because of all the EPA and PCA regulations. If it's going to be done, we don't want any mistakes. We have $15,000 budgeted and we need $15,000 more. $30,000 is based on quotes from Zahl, Griggs and Pump & Meter Companies. ,) "--- ' J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 DATE Ap.if-i7~-iii~- Public Works AGENDA SECTION NQ Staff, Committee, . . ORIGINATING DEPARTMENT ITEM NO. 12. Computer/Gopher BY: At the November 7, 1989 City Council Meeting we discussed with the Council Minnesota Statutes Law S216D or Gopher State One Call. At that meeting we decided to pay $2.50 per location call from Gopher state thinking we would not receive too many calls per month. Sorry to say we were wrong! January 1990 42 calls @ $5.00 per call 21 calls @ $5.00 per call 67 calls @ $5.00 per call 23 calls @ $5.00 per call TOTAL $210.00 $105.00 $335.00 $115.00 $765.00 February 1990 March 1990 April 1st to 11th 1990 We are charged $2.50 per call plus another $2.50 per same call for them having telephone use. If we purchase a PC and receiving equipment through Gopher State and they will install, our bill above would be one-half - $383.00. The extra money we are paying per call would pay for the equipment in 2 years and free up 3/4 of the office staff time. This equipment would automatically receive the calls. Locators could just take the printout and do locates. Instead of calling back a "No Locate" by phone and waiting his turn, he simply returns the "No Locate" with the PC on receiving equipment. continued 1 MOTION BY TO COUNCIL ACTION SECOND BY Page Two . \ Computer/Gopher state One Call ~ April 17, 1990 A. Equipment Pricing 1. Trac's software 2. Trac's PC 3. Hayes 2400 Modem 4 . Printer purchase Yearly Shipping/ Lease/ Price Maintenance Installation Purchase $2,425.00 $875.00 $275.00 $196.00/mo. B. Receiving Printer Purchase Yearly Shipping/ Lease/ Price Maintenance Installation purchase $750.00 $225.00 $50.00 $70.00 We have to remember there was no money budgeted for Gopher state One Call. Payments are coming out of the Sanitary Sewer & Water Distribution Budgets. So, there is no money earmarked for any of this for this year. But, what we are spending could be used for less staff time and PC software. The following are the bids from October 17, 1989: "- ) '- 1. IBM PS/2 Model 70/E61 80386 processor, 16MHZ 1 Megabyte RAM 1 - 1.44 3.5 Diskette Drive 60 Megabyte Fixed Disk Drive with Integrated Controller Video Graphics Display 1 Serial Port and 1 Parallel Port DOS 3.3 Analog Display Monitor (Enhanced Quality Text and Graphics) Price $4,674.00 2. Compao 386S Model 40 8038 ST Processor, 16 MHZ 1 Megabyte RAM 1 - 1.2 MB Diskette Drive 40 Megabyte Fixed Disk Drive Video Graphics Controller Compag Enhanced Keyboard DOS 3.3 VGA Color Monitor Price $4,069.00 continued o Page Three Computer/Gopher state One Call April 17, 1990 3. IMTECH 20/386 80386 Processor, 20 MHZ 1 Megabyte RAM 40 Megabyte Fixed Disk Drive 1 - 1.2 Diskette Drive 101 Enhanced Keyboard Multiscan Color Monitor Price $3,473.00 " ) ~ . 11 ~~ ~ ~ ~ ~~ ~~ ~ ~~ ~~ I u ~~ ~ N ~~ O~ N Nro ro~ ~ i riM M M~ MM ~ ~ . 00 0 0 00 00 0 gg 00 I. ~~ ~ ~ ~ gi ~~ ~ ~E ~~ ~~ 8~ . ~~ ~ ~ ~ ~~ ;~ ~ ~~ ~~ ~~ ~~ ! n n i~ gg g g g gg gg ~ ~~ ~i ~~ ~~ ~ i ~ ~~ ~~ ~ ~~ ~~~! ~ gri z ~~ B~ [g~ ~~ g g g gg gg g ~8 ~g ~ ~ ~ ~~ ~~ ~ ~g i - ~I ~ I U I [ . ~l ~ ~l ~~ ~ ~ ~,~~ ~ ~ ~ ~II ~gg ~I ~gg ~ \ t:J ~ I I I I tJ I ffi I J ~ ,J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 AGENDA SECTION NO. Staff Committee Comm. DATE ORIGINATING DEPARTMENT Finance ITEM NO. 13. Disc: Unpaid Develoner ".,..,.~.,..,. Howard BY: 1<'i , Koolick \\- ni .r ~~~~n FOR BY:! (j:) II REQUEST The Andover City Council is requested to review the enclosed information and provide direction to staff. BACKGROUND On January 30, 1990, the City mailed the attached letter to all developers requesting the semi-annual assessment installment. This request was sent out two and one-half months before the due date to allow the developers adequate time to make payment. On April 17th, the developers who had not made payment were sent, via certified mail, notice that ten days from the date o( receipt the assessments would become payable in full. As of April 26th, the developers for Bent Creek Estates and Kensington Estates 1st, 2nd and 3rd had not paid the assessments due. Paragraph D of the development contract states that the City may seek recovery of such special assessments from the escrow held. In the event that the escrow is insufficient, the City may certify the outstanding assessments in full to the County Auditor. Also, the City, at its option, may commence legal action against the developer to collect the entire unpaid assessment balance. Another option the City has is to refuse to issue building permits to any property within the plat on which assessments have not been paid. COUNCIL ACTION MOTION BY '\ J TO SECOND BY ~-) REQUEST FOR COUNCIL ACTION staff requests direction from City Council on how to proceed with this issue. The options are as outlined above. City Council may also choose to do nothing. Staff will prepare the necessary resolutions should City Council choose to certify the assessments at the meeting. \ ) --- 'Fii~'\ ,-~(Cf\) '~~6' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW.' ANDOVER, MINNESOTA 55304. (612) 755-5100 January 30, 1990 Good Value Homes 1460 - 93rd Lane NE Blaine, MN 55434 Pursuant to the terms of your development contract, we are requesting payment of the semi-annual installment of the special assessments for Hidden Creek East. The enclosed printout shows the properties that have assessments due and the amount of principal and interest due for each. The payment due reflects one-half of the principal payment for the year 1990 and interest from January 1, 1990 to April 15, 1990, plus interest from 1989. Payments are due on April 15, 1990. If any installment of special assessments is not paid, the city may declare all of the special assessments due and payable in full, with interest. The second installment of special assessments will be billed in July and will be due on September 15, 1990. If you have any questions, please feel free to call me. Sincerely, CITY OF ANDOVER L'~ Vicki Volk City Clerk '. I ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 April 17, 1990 We have not received your semi-annual payment of the special assessments due on Therefore, pursuant to the terms of Paragraph D of your Development Contract, please consider this notice that ten days following receipt of said notice, all unpaid special assessments in will become payable in full with interest. If you have any questions, please feel free to call me. Sincerely, CITY OF ANDOVER ~I# Victoria Volk City Clerk VV:hh ') / lend ing institutions, or persons involved in the sale of the ,,) individual lots within said plat, and to direct such lending institutions or persons to pay the City out of the proceeds of the sale on or before the date of closing on each individual lot, that lot's outstanding assessment. If any transfer of a lot is made before the special assessments have been levied, the Developer shall pay the City the sum of cash equal to the Engineer's estimate of the special assessments for such improvement that would be levied against the property so transferred. The Developer shall be, liable to the City for any deficiency and the Ci ty shall pay to the Developer any surplus arising from the payment based upon such estimate. (D) ACCELERATION UPON DEFAULT. In the event Developer violates any of the covenants and agreements herein contained and to be per formed by the Developer, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its rights and remedies hereunder, after ten (10) days' written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The Ci ty may see k recovery of such special assessments due and payable from the security provided in Paragraph (B) hereof. In the event that such security is insufficient to pay the outstanding amount of '\ ) -5- such special assessments plus accrued interest ,the city may , ) certify such outstanding special assessments in full to the County Auditor pursuant to M.S. 5429.06l, Subd. 3 for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pur- suant hereto, with inter est, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. Also, if any payment is not made by the Developer pur- suant to this agreement the City, at its option, may refuse to issue building permits to any of the property within the plat on which the assessments have not been paid. 4. DEVELOPER'S IMPROVEMENTS. (A) Developer agrees to perform and complete all grad- ing and other improvements required to be constructed by Developer as a part of the preliminary and final plat approval of the City. Developer shall post as security for the comple- tion of such improvements the sum of rov('<- TI!~o and no/100 ($ 4tXXJ.--) Dollars with the Andover City Clerk. Upon satisfactory completion of such Developer Improve- ments such security deposit shall be returned to Developer, without interest. In the event Developer fails to complete such Improvements, the City shall have the right to use such security deposit to complete same at Developer's expense. If such deposit is insufficient Developer shall pay such additional cost to the '\ ) -6- , '--) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 AGENDA SECTION NQ Staff Committee Comm. DATE ORIGINATING DEPARTMENT Finance ITEM NQ 14. Approve Financial Proj./Fire Deot. Bond By". Howard KOOliCk~ F'in"n,.", nir",,.t-nr APPROV~FOR AGENDA C BY: / / REQUEST The Andover City Council is requested to review and provide comments and direction regarding the financial projections prepared for the fire department bond issue. BACKGROUND At the regular City Council meeting on April 17th, the Andover City Council requested the financial projections for the fire department bond issue be fine tuned. Council requested that the projection be based on a 10 year bond issue for $2,500,000. Council also requested that a growth factor be included in the projections. Attached to this memo are four projections, each with varying assumptions. Scenarios *1 and *3 assume increasing yearly principal payments. Scenarios *2 and *4 assume equal yearly payments. Scenarios *3 and *4 include a growth factor of two percent. In all other respects the scenarios are the same. The assumptions made in interest rates and principal payment schedules resulted in a net interest rate of approximately 6.45%. The principal payment schedule and rates were discussed with the City Attorney, who believed them to be reasonable. It should be stressed that while these are reasonable, until the bonds are bid, we can not be sure of the payment schedule or interest rates. The factor used for growth was difficult to determine and work with since there is no history available of growth in net tax capacity. I discussed this problem with the County Auditor's Office, the County Assessor's Office and the County Treasurer's Office. All three indicated that there was no way to equate previous growth trends to the current property tax system. To attempt to do so would simply be guessing. COUNCil ACTION MOTION BY '\ ) TO -~ SECOND BY Regular City Council Meeting May 1, 1990 Fire Dept. Bond Projections ~ Since the City Council requested a projection using a growth rate, I selected two percent growth in net tax capacity. The two percent growth equates to approximately 100 new $100,000 houses per year with no growth in current home values, assuming no change in homestead and agricultural aid credit (HACA). (PLEASE NOTE THAT THIS IS AN OVERSIMPLIFICATION OF HOW THE TAX SYSTEM WORKS.) Based on the financial problems at the state level, it is my belief that HACA and local government aid programs will be changed, most likely resulting in higher taxes and less state aid. It is possible, and maybe probable, that these changes may occur as early as 1991. For this reason, projections were also prepared assuming no growth. ANALYSIS OF SCENARIOS A review of the four scenarios indicates the following trends: 1. Equal yearly payments (Scenarios i2 and i4) result in lower total payments over the life of the bond, although the paymentts are higher in the early years. 2. Using the growth factor of two percent of net tax capacty results in lowering the total payments by approximately five to ten percent depending on the catagory of house. The dollar value of this difference is between $52 and $272 over the ten year life of the bonds. STAFF RECOMMENDATION Based on the above trends and the uncertainty that exists in the HACA and local government aid programs, it is my recommendation that the projections used in advertising the bond issue include no growth factor. Whether the increasing yearly payments or equal yearly payments are used is a policy matter that Council needs to decide. Both have advantages and disadvantages as outlined above. REQUEST FOR COUNCIL ACTION City Council is requested to review this material and give direction to staff on the following issues: 1. What, if any, changes need to be made to the projections prior to the fire department using the data in their informational brochure? ) 2. Which projection should be used in the informational brochure? CITY OF ANDOVER ESTIMATED TAX EFFECTS OF PROPOSED $2,500,000 FIRE DEPARTMENT BOND ISSUE SCENARIO #1 ,,) +-------------+ I ASSUMPTIONS I +-------------+ Amount of Bonds Issued $2,500,000 Increasing Yearly Principal Payments Net Rate of Interest 6.45% Length of Bond Issue 10 years Principal Payment Date December 31 City Net Tax Capacity is Constant at a Value of $6,086,820 Increase in INTEREST LEVY AT City Tax YEAR RATE PRINCIPAL INTEREST TOTAL DUE 105% Capacity Rate ------ ------- ----------- ----------- ----------- ---------- ------------- 1991 5.60% 160,000 140,000 300,000 315,000 0.052 1992 5.80% 180,000 135,720 315,720 331,506 0.054 1993 6.00% 200,000 129,600 329,600 346,080 0.057 1994 6.10% 220,000 119,560 339,560 356,538 0.059 1995 6.25% 240,000 108,750 348,750 366,187 0.060 1996 6.40% 260,000 96,000 356,000 373,800 0.061 1997 6.60% 280,000 81,840 361,840 379,932 0.062 1998 6.70% 300,000 64,320 364,320 382,536 0.063 1999 6.75% 320,000 44,550 364,550 382,777 0.063 2000 6.80% 340,000 23,120 363,120 381,276 0.063 ----------- ----------- ----------- ----------- ----------- Total 2,500,000 943,460 3,443,460 3,615,633 0.594 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- CALCULATION OF INCREASE IN TAXES Market Value of Property --------------------------------------------- Year 85,000 125,000 150,000 200,000 ----------- ----------- ----------- ----------- $1,020.00 $2,070.00 $2,820.00 $4,320.00 $53.04 $107.64 $146.64 $224.64 $55.08 $111.78 $152.28 $233.28 $58.14 $117.99 $160.74 $246.24 $60.18 $122.13 $166.38 $254.88 $61.20 $124.20 $169.20 $259.20 $62.22 $126.27 $172.02 $263.52 $63.24 $128.34 $174.84 $267.84 $64.26 $130.41 $177.66 $272 .16 $64.26 $130.41 $177.66 $272 .16 $64.26 $130.41 $177.66 $272 .16 ----------- ----------- ----------- ----------- Net Tax Capacity 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 Total $605.88 $1,229.58 $1,675.08 $2,566.08 Note - Net Tax Capacity is calculated as 1% of the first $68,000 of market value, 2% of the next $32,000 and 3% of the market value over $100,000. " \ ~ CITY OF ANDOVER ESTIMATED TAX EFFECTS OF PROPOSED $2,500,000 FIRE DEPARTMENT BOND ISSUE SCENARIO #2 o +-------------+ I ASSUMPTIONS I +-------------+ Amount of Bonds Issued Equal Yearly Principal Net Rate of Interest Length of Bond Issue Principal Payment Date City Net Tax Capacity is Constant at a Value of $2,500,000 Payments 6.45% 10 years December 31 $6,086,820 Increase in City Tax Capaci ty Rate INTEREST RATE LEVY AT 105% YEAR PRINCIPAL INTEREST TOTAL DUE 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 5.60% 5.80% 6.00% 6.10% 6.25% 6.40% 6.60% 6.70% 6.75% 6.80% 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 140,000 130,500 120,000 106,750 93,750 80,000 66,000 50,250 33,750 17,000 390,000 380,500 370,000 356,750 343,750 330,000 316,000 300,250 283,750 267,000 409,500 399,525 388,500 374,587 360,937 346,500 331,800 315,263 297,938 280,350 0.067 0.066 0.064 0.062 0.059 0.057 0.055 0.052 0.049 0.046 ----------- ----------- ----------- ----------- ----------- Total 2,500,000 838,000 3,338,000 3,504,900 0.576 =============================================================================== CALCULATION OF INCREASE IN TAXES Market Value of Property --------------------------------------------- Year 85,000 125,000 150,000 200,000 ------ ----------- ----------- ----------- ----------- Net Tax capaci ty $1,020.00 $2,070.00 $2,820.00 $4,320.00 1991 $68.34 $138.69 $188.94 $289.44 1992 $67.32 $136.62 $186.12 $285.12 1993 $65.28 $132.48 $180.48 $276.48 1994 $63.24 $128.34 $174.84 $267.84 1995 $60.18 $122.13 $166.38 $254.88 1996 $58.14 $117.99 $160.74 $246.24 1997 $56.10 $113.85 $155.10 $237.60 1998 $53.04 $107.64 $146.64 $224.64 1999 $49.98 $101.43 $138.18 $211.68 2000 $46.92 $95.22 $129.72 $198.72 ----------- ----------- ----------- ----------- Total $588.54 $1,194.39 $1,627.14 $2,492.64 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ) CITY OF ANDOVER ESTIMATED TAX EFFECTS OF PROPOSED $2,500,000 FIRE DEPARTMENT BOND ISSUE SCENARIO #3 , \ '-...) +-------------+ I ASSUMPTIONS I +-------------+ Amount of Bonds Issued $2,500,000 Increasing Yearly Principal Payments Net Rate of Interest 6.45% Length of Bond Issue 10 years Principal Payment Date December 31 City Net Tax Capacity for Taxes Payable in 1991 $6,086,820 Yearly Percentage Increase in City Net Tax Cap. 2.00% INTEREST YEAR RATE PRINCIPAL INTEREST TOTAL DUE ------ ------- ----------- ----------- ----------- 1991 5.60% 160,000 140,000 300,000 1992 5.80% 180,000 135,720 315,720 1993 6.00% 200,000 129,600 329,600 1994 6.10% 220,000 119,560 339,560 1995 6.25% 240,000 108,750 348,750 1996 6.40% 260,000 96,000 356,000 1997 6.60% 280,000 81,840 361,840 1998 6.70% 300,000 64,320 364,320 1999 6.75% 320,000 44,550 364,550 2000 6.80% 340,000 23,120 363,120 ----------- ----------- ----------- Total 2,500,000 943,460 3,443,460 Increase in LEVY AT City Tax 105% Capacity Rate 315,000 331,506 346,080 356,538 366,187 373,800 379,932 382,536 382,777 381,276 3,615,633 0.052 0.053 0.055 0.055 0.056 0.056 0.055 0.055 0.054 0.052 CALCULATION OF INCREASE IN TAXES =============================================================================== 0.542 Market Value of Property --------------------------------------------- 85,000 125,000 150,000 200,000 ----------- ----------- ----------- ----------- $1,020.00 $2,070.00 $2,820.00 $4,320.00 $53.04 $107.64 $146.64 $224.64 $54.06 $109.71 $149.46 $228.96 $56.10 $113.85 $155.10 $237.60 $56.10 $113.85 $155.10 $237.60 $57.12 $115.92 $157.92 $241.92 $57.12 $115.92 $157.92 $241.92 $56.10 $113.85 $155.10 $237.60 $56.10 $113.85 $155.10 $237.60 $55.08 $111.78 $152.28 $233.28 $53.04 $107.64 $146.64 $224.64 ----------- ----------- ----------- ----------- Year Net Tax Capacity 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 Total $553.86 $1,124.01 $1,531.26 $2,345.76 Nnte - Net Tax Capacity is calculated as 1% of the first $68,000 of market .) value, 2% of the next $32,000 and 3% of the market value over $100,000. CITY OF ANDOVER ESTIMATED TAX EFFECTS OF PROPOSED $2,500,000 FIRE DEPARTMENT BOND ISSUE SCENARIO H . '1 '"j +-------------+ I ASSUMPTIONS I +-------------+ Amount of Bonds Issued $2,500,000 Equal Yearly Principal Payments Net Rate of Interest 6.45% Length of Bond Issue 10 years Principal Payment Date December 31 City Net Tax Capacity for Taxes Payable in 1991 $6,086,820 Yearly Percentage Increase in City Net Tax Cap. 2.00% INTEREST YEAR RATE PRINCIPAL INTEREST TOTAL DUE ------ ------- ----------- ----------- ----------- 1991 5.60% 250,000 140,000 390,000 1992 5.80% 250,000 130,500 380,500 1993 6.00% 250,000 120,000 370,000 1994 6.10% 250,000 106,750 356,750 1995 6.25% 250,000 93,750 343,750 1996 6.40% 250,000 80,000 330,000 1997 6.60% 250,000 66,000 316,000 1998 6.70% 250,000 50,250 300,2513 1999 6.75% 250,000 33,750 283,750 2000 6.80% 250,000 17,000 267,000 ----------- ----------- ----------- Total 2,500,000 838,000 3,338,000 Increase in LEVY AT City Tax 105% Capacity Rate 409,500 399,525 388,500 374,587 360,937 346,500 331,800 315,263 297,938 280,350 3,504,900 0.067 0.064 0.061 0.058 0.055 0.052 0.048 0.045 0.042 0.039 CALCULATION OF INCREASE IN TAXES =============================================================================== 0.531 85,000 125,000 150,000 200,000 ----------- ----------- ----------- ----------- $1,020.00 $2,070.00 $2,820.00 $4,320.00 $68.34 $138.69 $188.94 $289.44 $65.28 $132.48 $180.48 $276.48 $62.22 $126.27 $172.02 $263.52 $59.16 $120.06 $163.56 $250.56 $56.10 $113.85 $155.10 $237.60 $53.04 $107.64 $146.64 $224.64 $48.96 $99.36 $135.36 $207.36 $45.90 $93.15 $126.90 $194.40 $42.84 $86.94 $118.44 $181.44 $39.78 $80.73 $109.98 $168.48 ----------- ----------- ----------- ----------- Market Value of Property Year Net Tax Capaci ty 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 Total $541.62 $1,099.17 $1,497.42 $2,293.92 Note - Net Tax Capacity is calculated as 1% of the first $68,000 of market ) value, 2% of the next $32,000 and 3% of the market value over $100,000. ,~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 AGENDA~QNCommittee, NO. Commission DATE ORIGINATING DEPARTMENT Administration ITEM 15. Approve Lease/ NO. AAA Building BV: James E. Schrantz ~~Glg FOR B vi'"" ' I The City Council is requested to approve the lease with the AAA for the building in the park north of City Hall. Bill Hawkins has prepared the lease agreement. MOTION BY \ ) TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 AGENDA SECTION NQ Non-Discussion Items DATE ORIGINATING DEPARTMENT Engineering ITEM 16. Order ROW Plans/ NO. Univ. & 165th Ave. BY: James E. Schrantz ::~~O~R / The City Council is requested to order the preparation of right-of- way plans for two state Aid Projects: 1) 165th Avenue from Valley Drive to Round Lake Boulevard; and 2) University Avenue from 152nd Avenue to Constance Boulevard. Andover's Engineers will prepare the right-of-way plan for 152nd Avenue to l57th Avenue and Ham Lake's Engineers will prepare the right-of-way plan from 157th Avenue to Constance Boulevard. The University Avenue project is scheduled for 1991. In the past the City Council has asked staff to start the right- of-way process for l65th Avenue. 165th Avenue is an important link for the proposed fire ~tation. COUNCIL ACTION ) MOTION BY TO SECOND BY ,-.J '\ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ORDERING THE PREPARATION OF RIGHT-OF-WAY PLANS FOR PROPOSED PROJECT NO. 90-9 IN THE l65TH AVENUE FROM VALLEY DRIVE TO ROUND LAKE BOULEVARD AREA. WHEREAS, the City of Andover is cognizant of the need for improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order preparation of right-of-way plans for Project No. 90-9. 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 and adopted by day of the City 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 ORDERING THE PREPARATION OF RIGHT-OF-WAY PLANS FOR PROPOSED PROJECT NO. 90-10 IN THE UNIVERSITY AVENUE FROM l52ND AVENUE TO l57TH AVENUE AREA. WHEREAS, the City of Andover is cognizant of the need for improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order preparation of right-of-way plans for Project No. 90-10. 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 and adopted by day of 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 , \ ~J RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ORDERING THE PREPARATION OF RIGHT-OF-WAY PLANS FOR PROPOSED PROJECT NO. 90-11 IN THE UNIVERSITY AVENUE FROM 157TH AVENUE TO CONSTANCE BOULEVARD AREA. WHEREAS, the City of Andover is cognizant of the need for improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order preparation of right-of-way plans for Project No. 90-11. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Ham Lake's Consultant Comstock-Davis 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 , ) :---) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 AGENDA SECTION NQ Non-Discussion Items 17 ""''''..",,,,, '" -" T' ITEM Authorizations/Stenqui NO. 159th Ave. Area . DATE ORIGINATING DEPARTMENT Engineering t BY: ~ Todd J. Haas ~~~R161l0R .v,/t / The City Council is requested to approve the attached resolution which allows the speed limit to be reduced in the Stenquist - 159th Avenue NW area. Attached is a location map and the authorization from the Minnesota DOT. This item was tabled from the April 3, 1990 meeting to allow staff to investigate the situation in more detail. Public Works is moving the existing signs to the appropriate locations as requested by Minnesota DOT using the Manual on Uniform Traffic Control Devices. The installations are nearly completed. ) MOTION BY TO COUNCIL ACTION SECOND BY . \ " ) CITY OF ANDOVE::\ COUNTY OF ANOKA ST!,'rE OF i1INNESOTA RES. NO. A RESOLUTION APPROVING SPEED LII1ITS IN THE STENQUIST ADDITION _ 159TH AVENUE AREA IN SECTION 18-32-24 PER ATTACHED SPEED LIMIT AUTHORIZATION FROM MNDOT. WHEREAS, speed limit signs are to be placed per the attached MNDOT authorization. WHEREAS, MNDOT has given authorization to lower the speed limit. NOW, THEREFORE, BE IT RESOLVED the speed limits be placed in the Stenquist Addition - 159th Avenue area contingent upon placing appropriate advance warning signs and dead signs. Adopted by the City Council of the City of Andover this day of , 1990. CITY OF ANDOVER James E. Elling - Mayor ATTEST: Victoria Volk - C~ty Clerk '\ / /' MHD 2':213 ST;,TE OF MINNESOTA CEPP,RTi'IiEi'lT OF HIGHWAYS Page~of.LPages - '~~ LOCi-\L 5TRE~T OR' HIG2J\VAY SPEED tUVHT AU-rHORIZP(f!ON RO:ld Authority City of /lndover Date Hay 7.0, 1980 Road Name or ~o" Scv~n :st:reots in the Stenquist Add! tion as da:;cribed helow Termini of Zone: From Date of Request October a f 1979 To . ----.- .-.".---. Kindly make the following chan~es in speed limits on the above.referenced section. Changes authorized herein are in accordance with Minnesota Highway Traffic Regulation Act, M.S. Chapter 169.14 and applicable subdivisions thereof. 159th AvcnucN.W. "3""0 nliles per hour betweml tho intersection with County State Aid Highway 7 and the intersection with RonI1,oko StTcet. 1GOth" Lane H. 'tl'. 30 miles per hour between a point.a'Ppro:1::iMately250 feet east of Oneida Street and a point nppro~i~atp.ly 350 feet west of. Quapau Street. . 16151: I..'lno H. 1'1. . 30 rales per hour betl/cen a point approximately 850 feot 1fest and t.O ,n point approximately 750 feet east of Potrnmtol'li Street. 162nd Lane N.i'l. .)0 UlJ,lcs ~ per hour between n point ap'Proximatoly 850 feet west and to a point appro~i~ntely 750 fect east of potnwatomi Street. Oneida Strec~ 30 miles per hourbet:\:ce~l the. intersection with 159t1\ Avenue N.1'l~ and the intersection 1.,ith 160t11 Lane H.W.'~ Potawatorni Street 30 miles per hour between the intersection with 159t11 Avenue !l.W. and tho int01,'section ,,1t11 IG2nd Lane H.W. QuapaH Street .)0 miles per hour be t-,.;eell' the intersection "lith 159t1\ Avenue H.';!. nntl the intersection with 1GOth Lane H.H. (3) White. Road Authority (1) Pink. Central Office Traffic (1) Blue. District Traffic Engineer e,/tI< d~~J Traffic Engineer '1 ,~ for Road Authority use only Date traffic control devices changed implementing this authorization ,19_ Signed Title '" I ~ ':'.";" / ~."'JI t'~......cc.ll . ~..........,- u.__.., l-\l"NESO" ~ .,.d~_,., 4 ...., ~ "r'''' ;;c,"-:'>, '0 ..:.; .~..~~.: ~f' ~';.J, _ $ ;':,~~ ~:;r.. ~-"J' r; -- .~~.. . ~.' "\-." ""'" ~ \.-".. (;r:.....:;J!o-,; ~ ';~-~~ _ ~f':~;_~'~1,$: ~ .....;l~~ ,~..._~"',~ \.,-..1 ~ ~"'V:::" ~.J r OF T~,,"~ Mil'lr;'<):~i)la n;?;J2nm'~r.t of TraMporlation Metror;/)Htan District Tn,:1sponation Building 51. Pewl, i\lmnesota 55155 Oakd,,;e Office, 34S5 Hadley .\venue North, Oakdale, Minnesota 55U8 Golden Valley Office, 2055 North LiJac Drive, Golden Valley, 1vlinnesota 55422 Reply to :5801 Duluth Street, Golden Valley, al 5542.: Telephone No. S91-'4WS February 6, 1990 Todd J. Haas, Asst. city Engineer City of Andover 1685 CrcsstC'NTI Eculeva..'"Ci N. W. Ardover, MN ~5304 Re: Speed Lir:lit Signing - steriquiStuAddition" 8ear Mr. Haas: Lccation of t..--affic control devices, including speed limit signs, must be determined. by the road authority. '!herefore, since the seven streets referred to in your January 23 letter are under the authority of Andover, we must decline to specify sign locations. '!he answer to your question of what signs are necessary to rrake the speed li."llit enforceable, must ultilnately corne from the judicial syste.'1l. We would suggest you contact the Anoka County Sheriff's office since they would have knowledge of past cases in the local courts. From our contacts with local police agencies, it would appear that there are variatiol"s from area to area in what the courts are likely to require an:l what policies are used by the police. (For instance, the state patrol and some other agencies will often not issue citations until the motorist has passed the second sr:eed.limit sign within a zone.) After recei v:in;r your letter, we did review the streets in the stenquist Addition. If the streets were under MnjI:XJr j.urisdiction, we would probably install signs as follows: 160th Lane, 161st Lane, 162nd Lane - "SIOP" signs at the intersection with Potawatomi street - "DEAD END" warning signs' fac:in;r traffic tur:in;r onto 161st Lane or l62nd Lane from Potawatomi street - also fac:in;r westbound 160th Lane traffic west of Oneida street an:l eastbound 160th Lane traffic east of Quapaw Street . - We wculd not install speed limit signs on these three streets ,because their very short length an:l local traffic would rrake such signing of rather questionable value. '1 / .--(/~:--- "': e-'/ / ' ! \ ;".;- MINNESOl"A ~ 1990 An Equal Opportunity Employer , . . :_J ':'cC.d J. Haas Feb~J 6, 1990 Page Two p.:,tawatomi street - A "STOP" sign at 159th Avenue - "SPEED LIN!T 30" sigr.s facing northbound t.."'"affic just nort..'l of l59t.'l Avenue and southbound traf::ic just sout.'l of 161st lane. (n:e sign for scuthJ:ound traffic could have a different location and/or a second sign could J:e adde:i south of 160th lane.) - A large arrr::M sign or other suitable '.vanllng device facing north- l:cund traffic apprcaching the "T" intersection at 162r:d lane. Oneida street. Ouaoaw street - "STOP" signs facing southbound traffic at l59th Avenue - "SPEED Lll1IT 30" sigr.s facing northbound traffic just north of 159th Avenue and southbound traffic just south of 160th lane. ('n1e value of poste:i speed limits on these streets is also doubtful but there could J:::.e some non-local traffic.) 159th Avenue - A "STOP" sign and "STOP AHEAD" sign facing eastbound traffic approaching CSAH 7 - "SPEED LIMIT 30" signs facing eastbound traffic just east of Roanoke street and at one other location (possibly just east of Oneida street). Also facing westbound traffic just west of CSAH 7 and at one other location (possibly just west of Makah street). - An "END 30 MIlE SPEED" sign facing westbound traffic at Roanoke St..-reet. After installing the al:cve signs, we would add supplemental signs u police agencies found them to J:e necessary for traffic law enforcement. I hope the al:cve infornation will J:e of some help. If you have additional questions, please contact me. Sincerely, , .---- , ,( C\/ '___'O~ \.;.:y J. s. Katz, P.E. District Traffic Engineer " , , 'J JSK:pl:EB ___ 30 I<1fH Il~ 1]+-- , ''-,j / I ---=-..:..=-= , -------~~7 ------~ . ., , ) '.--------- ~ --- i i - I I I ~ I I I I I I OJ o <0' ~: I I Ii O~: ~I I "', -, ____ I ' -1---- " --- I I I rS~I,~'ER\ <;Or~N ,/ I I U I I , . ~ ~ .." ~ 0:: t!- o Au.tharr'~eJ Sped LIM,'1-, N , ,~ '-) , ) ~r"#;:r ~/ ~N-~f -,4., 157ft. 4v-e- ArY .,~ F:e9uj=.~ Cic'y' C0uncil Neeting .:\ p c ~ I 3. 1 990 - t'j 1 nut e s Page ~ ???Ol}::- S?::2D STUD.y"/~,;f\.l~~ ? I DGE.. COU~~T:::':(V 1_2\'/ r::ST.; T::S. V:.:?~ I n ~.C? ~S t'!OTI01J by Or-tte1, Seccndea by t'er-r-y, that we defer- iilstallaticn of speed signs in Ha~~k Ridge! Ccunt~yview Estates. and Ver~ln Ac~es until such time as the sign b~cget a] lews fc~ Instal laticn. Mo~!cn c2~rie~ ui1animously. A???OV2 S?~~D STrJDY/U~ITV~?SITY AV2~'U~ L'!OTIor'l by Kn i 9;; t.. Secc:nceG c~/ J2.cccscn. t8 so Gove.. Ui:.=:.n Imcusl ':/.. ~'lc t i Oil C2.C'[" i eC A???CVE S?~~D STUD~/BA?~1ES 2~JD ~DJITION MOTION by Knight. Seconded by ?er-r-y, to defer- the plaCing of signs in this subdl~islon until such time as ~he sicn bucget 21 lows ta~ lr;s~3.112.~lcn. I~ction car~lec unanimously. AUT~O?IZ;TION FOR WA?~rING A~ID ADVISORY S?~~D SIGNS/157TH AVE & X~~IIA MCTIer,] by Jac=bscn~ Seconded by Pe~~y~ authoriZing the ~arnlng and advisory speed signs en lS8th Avenue and Xenia area. move that we dete~ any instal lation of sIgns unti 1 atteL the first ct the ye2C. Motion carried unanimously. IX AUTHORIZATION FOR INSTALLATION OF STREET SIGNS/STENOUIST ADDITION MOTIO~'1 by Knight~ Seconded by Pe~ry, the same as the pcevlous mction. DISCUSSION: Mr-. Haas Seated they may be able to sign that acea within the bUdget by moving scme othe~ signs around. CouncIl asked him to come back with another- r-ecc~T;er.dation and r-evised ccst figu~es. Moticn ca~~ied unanimously. ANDOVE~ AT~LETIC ASSOCIATION STORAGE BUILDING Mayo~ E1] ing explained the Andcve~ Athletic Asociaticn has or-coosec to construct a storage shed on the pCLk gLcuncs in the City Hall Complex. contr-ibuting it to the City and leasing it back fc~ the stor-age of thei~ equipment. P~esently their- equipment is being stcr-ed in the Publ Ic Works storage bUilding. Attorney Hawkins advised the p~oposal is legal. When it is leased. the AAA wculd have ccntr-cl cver- the building and wculd be liable rcr- its conten:s. Roce~ Sh2~cn. A0ccve~ ~thletic ASSCC!2tior - stated the ~uilding wculd be 24 x 24 feet~ block with scucco C~ the cutsi~e. woed t~usse5 ~lth no ~llnccws. He also noted they nave i~su~ance on all ot ~hel~ equlpmer1t. ~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 DATE AGENDA SECTION NO. Non-Discussion Items 1 A Ann""",,,o r-,.,.,.l;...,., ITEM Release Escrow/Red NO. Oaks 6th ORIGINATING DEPARTMENT Engineering 11\\ A~rOVED FOR AG \PA . Y'; ,: / BY: Todd J. Haas The City Council is requested to table this item until the developer has completed the erosion control measures, remove debris and sand from the development that has been placed on a City sanitary sewer manhole. MOTION BY ,J TO COUNCIL ACTION SECOND BY ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACfION May 1, 1990 AGENDA SECTION NQ Non-Discussion Items DATE ORIGINATING DEPARTMENT Engineering ITEM NO. 19. Receive Feasibilit Report/90-6 ~~ BY: BY: Todd J. Haas The City Council is requested to approve the resolution accepting the feasibility report and order a public hearing for Lot 1, Watts Garden Acres for the improvements of sanitary sewer and watermain, 90-6. The public hearing is proposed to be held May 15, 1990 at 7:30. MOTION BY ___) TO COUNCIL ACTION SECOND BY ,J J ) -~ 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 SANITARY SEWER AND WATERMAIN, PROJECT NO. 90-6 IN THE LOT 1, WATTS GARDEN ACRES AREA. WHEREAS, pursuant to day of March , 19 prepared by TKDA Resolution No. R039-90, adopted the 90 , a Feasibility Report has been for the improvements; and 20th WHEREAS, such report was received by the City Council on the 1st day of May , 19 90 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 46,800.00 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. 90-6 , for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 46,800.00 A public hearing shall be held on such proposed improvement on the 15th day of May , 19 90 the Council Chambers of the City Hall at 7:30 t.m. and Clerk shall give mailed and published notice 0 such hearing and improvement as required by law. 3 . in the MOTION seconded by Councilman and adopted by the City day of Council at a Meeting this 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk City Clerk ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Engineering ~ BY: ITEM NQ 20. Accept Outlots/ Hidden Creek 2n The City Council is requested to accept the warranty deeds which transfer property from Good Value to the City of Andover. The City of Andover is requested to pay the real estate taxes due on these parcels. Outlot A, Hidden Creek 3rd Addition - $116.95 PIN 33-32-24-44-0074 Outlot C, Hidden Creek 2nd Addition - $4.70 PIN 33-32-24-41-0069 :_) Attached is a location map of these parcels. MOTION BY ) TO COUNCIL ACTION SECOND BY LAW OFFICES OF ~ H/lrKC nnd JlnwKins JOHN M. BURKE WILLIAM G. HAWKINS SUITE 101 299 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA 55433 PHONE (612) 784-2998 April 4, 1990 Ms. Vicki Volk Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Re: Hidden Creek 2nd and 3rd Additions Dear vicki: ) Enclosed herein please find a warranty deed between Good Value Homes, Inc. and the City of Andover wherein Outlot A, Hidden Creek 3rd Addition, Outlot B, Hidden Creek 2nd Addition and Outlot C, Hidden Creek 2nd Addition have been deeded over to the City of Andover. Please complete the acceptance paragraph on the the reverse of the original and copy of the deed and return them to my office so that I may record it with the County Recorder and return a copy to Good Value Homes. For your information the following is a list of the real estate taxes due on these parcels: Outlot A, Hidden Creek 3rd Addition - $116.95 PIN ff33-32-24-44-0074 Outlot B, Hidden Creek 2nd Addition - Exempt PIN ff33-32-24-44-0019 Outlot C, Hidden Creek 2nd Addition - $4.70 PIN #33-32-24-41-0069 G. Hawkins ,) WGH:mk Rnt""_ Form No. 9.M-WARRANTY DEED C;;;p~rllion or Partnership to Corporation or Partnership Mlnnnotl UnUorm Conveylnc!n. Bllnkl (1978) Mdler-Ditvi~ Co" Minnea{loli~ ) No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19_ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ J. 65 Date: March 27th ,19~ (reserved for recording data) FOR VALUABLE CONSIDERATION, Good Value Homes. rnc. ,a corporation f.1innesota ,Grantor, hereby conveys and warrants to the ci tv of municipal corporation Anoka under the laws of Minneso ta County I Minnesota, described as follows: under the laws of Andover , Grantee, a , real property in Outlot A, Hidden Creek 3rd Addition Outlot C, Hidden Creek 2nd Addition Outlot B, Hidden Creek 2nd Addition The total consideration for this transaction is $500.00 or less. [If more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: , I ./ \, (I;. i:.. rl "!":r~, ';:.:J];,pll,'n' r.nnn ~~~ By It~~. x~pr By Its STATE OF MINNESOTA } ss. COUNTY OF Anoka 27th day of March .19~ NOTARIAL-STAMP OR SEAL (OR OTHER TITLE OR RANK) "j I I ~~.."..., LAVQNNA C. NEWSTROM ~.~: NOTARVPU~LIC_M'NNESOTA a..:,~~~~~.. ANOKA COUNTY l My Comminion e.p;,el J AN. 1. 19')2 l Till: Sllllmlntl lor thl r...l property dllt:rlbld In thll Inltrumlnt ahouJd be lint to (Int:ludl naml Ind IdduII 01 Grlnt..): City of Andover 1685 Crosstown Blvd. Andover, MN 55304 THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):I Burke and Hawkins 299 Coon Rapids Blvd., #101 Coon Rapids, !IN 55433 ) :~ NOTICE IS nEREBY GIVEN that the of lIinnesota, has accepted on described property. 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':"';: "~I, tJ,d.i~i A j.1-i.4J e 11 Cr '" L" /< ) 3~.) A..I..l,'-teON ..- ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 1, 1990 AGENDA SECTION NO. Non-Discussion Tt-..mc:: ITEM 2'. NQ Ilse Variance Res. DATE ORIGINATING DEPARTMENT Planning . r~ () (;t ()JJ , BY: Jay Blake J Ci ty Planner APPROV~FOR AGE~A ( ~ BY: / , v REQUEST The Andover City Council is asked to review and approve the enclosed resolution for the Don and Joyce Ilse variance. This will be forwarded to the DNR for final review. ~.J MOTION BY J TO COUNCIL ACTION SECOND BY , , ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -90 A RESOLUTION APPROVING THE VARIANCE TO ORDINANCE 52, SECTION 5.02 REQUEST OF DONALD AND JOYCE ILSE TO ALLOW THE SUBDIVISION AND COMBINATION OF PROPERTY LESS THAN FOUR ACRES WITHIN THE RUM RIVER SCENIC DISTRICT ON PROPERTY DESCRIBED AS LOT 6, BLOCK 3, CEDAR CREST ESTATES SECOND ADDITION, ANOKA COUNTY, MINNESOTA. WHEREAS, Donald and Joyce Ilse have requested a variance to Section 5.02 of Ordinance 52 to allow for the subdivision and combination of property within the Rum River Scenic District; and WHEREAS, the Andover Planning and Zoning Commission reviewed the request at their March 27, 1990 meeting, and recommended denial of the request; and WHEREAS, The City Council reviewed the request at their April 17, 1990 meeting and found that the slope and unique lot shape create a hardship by making the property inaccessible and difficult to maintain properly; and . , WHEREAS, the hardship is based on the unique physical features ) of the property including topography, shape or condition of the parcel; and WHEREAS, strict enforcement of the regulations would preclude reasonable use of the property; and WHEREAS, the proposal would reduce the number of non- conforming parcels within the Rum River Scenic District; and WHEREAS, granting the variance is not contrary to the intent of the Ordinance and would not alter the essential character of the neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the variance request of Donald and Joyce Ilse from provisions of Ordinance 52, Section 5.02 to allow for the subdivision and combination of property less than four acres in size in the Rum River Scenic District on property described as: Lot 6, Block 3, Cedar Crest Estates, Second Addition, Anoka County, Minnesota, subject to approval from the Minnesota Department of Natural Resources, Division of Waters. Adopted by the City Council of the City of Andover this 1st day of May, 1990. ) CITY OF ANDOVER ATTEST: James E. Elling, Mayor Victoria Volk - City Clerk ') \.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE M~y 1. lqqO ITEM Approve Resolution/Fire NO. 22.Dept. Bond ORIGINATING DEPARTMENT Administration \\. BY: V. Volk APPROVED FOR AGEN?f\ BY: )J~ I AGENDA SECTION NO. . . It Non-D1scuss1on ems The City Council is requested to approve the attached resolution to issue bonds for the purpose of acquisition of land and the construction and equipping two fire stations and providing for an election. V:Attach. ,) MOTION BY .J TO COUNCIL ACTION SECOND BY , " ,-j " ) , ) A RESOLUTION DETERMINING TO ISSUE BONDS FOR THE PURPOSE OF ACQUISITION OF LAND AND THE CONSTRUCTION THEREON AND EQUIPPING OF TWO NEW FIRE STATIONS AND PROVIDING FOR AN ELECTION THEREON BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. It is hereby determined to issue general obligation bonds for the purpose of providing money for the acquisition of land and the construction thereon and equipping of two new fire stations. 2. The amount proposed to be borrowed shall not exceed Two Million Five Hundred Thousand and nollOO ($2,500,000.00) Dollars. 3. The proposal to issue such bonds shall be submitted to the voters of the City at a special election to be held on July 17, 1990. The polls shall be opened at 7:00 o'clock a.m. and shall close at 8:00 o'clock p.m. 4. required by newspaper. The City Clerk shall give notice of election as law two weeks' published notice in the official 5 . The Clerk shall cause ballots to be printed in substantially the following form: OFFICIAL BALLOT SPECIAL ELECTION CITY OF ANDOVER ,19_ Instructions to Voters: Voters desiring to vote in favor of the following proposition shall put an (X) in the square before the word "Yes". Voters desiring to vote against the proposition shall put an (X) in the square before the word "No". I_I Yes Shall the City of Andover issue its general obligation bonds in an amount not exceeding $2,500,000.00 for the purpose of providing money for the acquisition of land and the construction thereon and equipping of two new fire stations? I_I No , "- , '. .J ') ~, ) (Back of Ballot) OFFICIAL BALLOT SPECIAL ELECTION CITY OF ANDOVER City Clerk Judges 6. The City Council shall meet at the City Hall on July 18, 1990 at 7:30 o'clock p.m. to canvass the returns and declare the results of the election. Adopted by the Council this day of , 19 Mayor Clerk -2-