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HomeMy WebLinkAboutCC June 5, 1990 DATE: June 5, 1990 '~ ITEMS GIVEN TO THE CITY COUNCIL Schedule of Bills Special City Council Minutes (5-17-90) Regular Planning & Zoning Minutes (5-22-90) v Bond Election Brochure Letter from Metropolitan Council (5-25-90) Memo Anoka County Sheriff's Letter Suburban Rate Authority (5-22-90) v Letter from Charles R. Lefebvre (5-21-90) Regular City Council Minutes (5-15-90) v Letter from Ester Haas (5-14-90) Letter from TKDA (5-17-90) Comprehensive plan Task Force Minutes (4-26-90) Regular Planning & zoning Minutes (5-8-90) PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. - ,~ THANK YOU. .~ , ) 1708SS Nlf\J 'J8^OPU\f MN 'P^18 UMO.j.SSOJ:) S89l eJ3^OGNV :10 All:) PREPARED AND PAID FOR BY THE CITY OF ANDOVER THE RESULTS ARE IN: ~ . 78% of the homes arc too far from the Fire Station (Insumnee Service Omce Study, 1985) . In order to maintain proper response Urnes, Andover must build 2 more fire staUons (I3RA Study, Nov" 1987) . The current location of one centrally located fIre station is inadequate to meet even current needs (Aldrich & Associates Study, Dee" 1989) . The City has doubled in size sInce the last fIre bond issue in 1978 wflh no substantial changes in fire protection . Average response lime to structure fires exceeds 9 minutes: maximum sL"lndard response Ume should not exceed 7 mlr/lSO and Aldrich) . The: present apparatus inventory Is aging and lnadcquate to nlcet the needs of present population and building units. ~ 'P' O,CI ~ i I l 'S6611noqB ~ms M;:JU 01 X;:Jldwo:J HBH All:::> WOJJ ;:JAOW 01 b UOflB~S} pUB '0661 UI mnq ;:Jq 01 Z; 1i} 1 SUOnB1S)SMoqs dBW slqJ. .. 4I;:JdoJd pUB ;:JJH 01 ){SJ.I P;:JSB;:JJ:JUI . ;:JSB;:JJ:JUI SriSSOI SB S;)lBJ d::JUBJnSUI UJ S;}SB;:J.I:JUI . ,SWdllfJ.rnddP d.Il] .I;:Jllfo q1IM PlY '[Bnlnw JO ssol ;:Jlqlssod . (PIO S.IA 01 J;:JAO sllu;:Jwdlnb;:J ~uJdwnd 1'[B) S;:J.InUBJ l'u;:JwdJnb3: . SMO.I~ AlP ;:Jllf SB s;:Jwn dsuodsd.1 .1dMOIS . 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':JdQ 'l.Iodd.I l!:JJ.IPIV dql Ol ~UIP.10~?Y_ '; .lr.J l.U~U3~N SI .LVHA\ CO U N TY OF ANOKA Office of Coullty Auditor COURTHOUSE ANOKA, MINNESOTA 55303 612.421-4760 May 21, 1990 CHARLES R, LEFEBVRE County Auditor EXl,1134 Ms. vicki Volk, Clerk City of Andover Community Center 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Ms. Volk: Enclosed for your information and file is a copy of Resolution 90-46 passed by the Anoka County Board of Commissioners at its most recent meeting held May 15, 1990. This resolution provides authority under Chapter 282.01, Subdivision 7A of Minnesota Statutes for private sale of lands situated in Anoka County which have forfeited to the State of Minnesota for nonpayment of taxes. Also enclosed are lists of the forfeit land parcels within your municipality to be sold by sealed bid on July 10, 1990, at the office of the Anoka County Auditor. If you have any questions or need additional information, please don't hesitate to call. Very truly yours, ~&J~ Charles R. Lefebvre Anoka County Auditor klr Enclosure ."J Affirmative Action / Equal Opportunity Employer .$.',1 BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota '\ '-J DATE: May 15, 1990 OFFERED BY COMMISSIONER: Kordiak RESOLUTION #90-46 AUTHORIZING THE SALE OF CERTAIN NON-BUILDABLE TAX.FORFEITED LAND PURSUANT TO MINNESOTA STATUTES, CHAPTER 282,01, SUBD, 7A, ALTERNATE SALES PROCEDURE; SETTING THE TERMS OF SALE; AUTHORIZING THE COST OF THE ALTERNATE LAND SALE TO BE CHARGED AGAINST THE PROCEEDS OF SAID SALE; AND AUTHORIZING 20 PERCENT OF THE PROCEEDS OF THE ALTERNATE LAND SALE TO BE DISTRIBUTED TO THE PARK FUND WHEREAS, certain lands have forfeited to the State of Minnesota pursuant to Chapter 282 of the Minnesota Statutes, which lands are described in Exhibit C, which is attached hereto and incorporated by reference; and, WHEREAS, the Anoka County Board of Commissioners has determined that it is advisable to sell said lands and has set appraised prices for said lands as set forth in Exhibit C; and, WHEREAS, the Anoka County Board of Commissioners has previously classified appraisal lists No, 87, 88-B, and Classification List 89, which include the lands described in Exhibit C, as non-conservation and approved them for sale under Chapter 282 of the Minnesota Statutes by Resolution Nos, 87-54, 88-56 and 89-13; and, WHEREAS, the classification and sale of any tax-forfeited land lying within the bounds of any organized town, with a taxable value in excess of $20,000, or incorporated municipality, has been approved by the town board of such town or governing body of such municipality, insofar as the lands located therein are concerned; and, WHEREAS, the lands in Exhibit C being authorized for sale cannot be improved because of noncompliance with local ordinances regarding the area, shape, frontage or access; and, WHEREAS, the County Auditor has determined that a non-public saie of the lands listed in Exhibit C will encourage the approval of the saie of the lands by the city or town and promote their return to the tax rolls; and, WHEREAS, the County Auditor may restrict the saie to owners of lands adjoining the lands to be sold, and shall conduct the sale by sealed bid, or other means of sale, as provided for in Chapter 282,01, subd, 7a of the Minnesota Statutes; and, WHEREAS, Chapter 282,09 of the Minnesota Statutes provides that the County Auditor and County Treasurer shall place all monies received from a land sale conducted in accordance with Chapter 282,01, subd, 7a of the Minnesota Statutes in a fund to be known as the forfeited tax sale fund, and all disbursements and costs of such sale shall be charged against said fund when provided for by the County Board; and, WHEREAS, it is the desire of the Anoka County Board of Commissioners to avail itself of the authority contained in Chapter 282,08 (3)(b) of the Minnesota Statutes wherein the County Board may set aside 20% of the balance of the proceeds of a forfeit land sale conducted under the provisions of Chapter 282,01, subd, 7a of the Minnesota Statutes for park purposes: NOW, THEREFORE, BE IT RESOLVED that the lands listed in Exhibit C and classified as non-conservation are approved for sale by sealed bid; and the lands shall be sold only to owners of property adjoining the lands to be sold, to the highest bidder for no less than the appraised price set herein in Exhibit C; and owners of property adjoining the lands to be sold shall be given 30 days written notice of the sale by the County Auditor as provided for in Chapter 282,01, subd, 7a of the Minnesota Statutes, \ J BE IT FURTHER RESOLVED that the sale shall be made subject to the condition that after the sale, the County Auditor shall combine each parcel acquired with the purchaser's adjoining property in the Auditor's official tax records, BE IT FURTHER RESOLVED that in accordance with Chapter 282,09 of the Minnesota Statutes which provides that the County Auditor and County Treasurer shall place all monies received from the sale of tax-forfeited land conducted in accordance with the provisions of Chapter 282,01, subd, 7a of the Minnesota Statutes, alternate sales procedure, in a fund to be known as RESOLUTION #90-46 Page 2 '\ '-J ,the forfeited tax sale fund, and all disbursements and costs of such sale shall be charged against said fund when provided for by the County Board; the County Auditor is hereby authorized to charge all appropriate expenses from the saie of tax-forfeited land conducted in accordance with the provisions of Chapter 282,01, subd, 7a of the Minnesota Statutes, alternate sales procedure, to the forfeited tax sale fund, and further, that said expense amounts shall be paid from the forfeited tax sale fund and credited to the County Auditor's general account. BE IT FURTHER RESOLVED that the sale shall be made for payment in full or upon the following terms: that sales amounts of $500 or less shall be paid in 'cash at the time of the sale and all other sales amounts may be paid in cash or paid on an installment basis provided that at the time of the sale a down payment of $500 shall be paid on sales amounts over $500 but not over $2,000, and a down payment of one-fourth of the sales price shall be paid on sales amounts in excess of $2,000; that the unpaid balance shall be paid in annual installments over a three- year period prior to October 31 st of each year and shall accrue interest at the rate prescribed by Minnesota Statutes, Chapter 549,09, and is subject to change each year on the unpaid balance; that no principal installment payment shall be less than the amount of the original down payment unless it is a final payment on the contract and each installment payment shall include the amount of accrued interest to date, At the time of sale of a parcel of tax-forfeited land the County Auditor shall collect in full an amount equal to 3 percent of the total sales price of the parcel, said sum to be deposited with the State Treasurer in the real estate assurance account pursuant to Minnesota Statutes, Chapter 284,28, subd, 8; an amount equal to the State Deed Tax, and the cost of obtaining the Deed and recording the same, which amounts are in addition to the total sale price of the parcel. That all property remains subject: to any existing leases; to easements obtained by governmental subdivisions or agencies thereof for any public purposes; to restrictions appearing of record; to all existing laws and ordinances; and to the condition that the total appraised value does not represent a basis for future taxes; and that amounts of special assessments cancelled because of forfeiture may be subject to reassessment. Each sealed bid shall be accompanied by a check made payable to the Anoka County Treasurer in the minimum amount of the down payment set forth above, BE iT FURTHER RESOLVED that after distributing the appropriate amount of the sales receipts from the alternate land sale conducted in accordance with the provisions of Minnesota Statutes, Chapter 282,01, subd, 7a, pursuant to Chapter 282,08 (1), (2) and (3)(a) of the Minnesota Statutes, if applicable, the County Auditor shall set aside 20% of the balance of said receipts for use by the County in the maintenance and acquisition of County parks, pursuant to Minnesota Statutes, Chapter 282,08 (3)(b) and statutes cited therein, BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the County Auditor, County Land Commissioner, the Minnesota Department of Revenue, and all affected municipalities and town boards, BE IT FINALLY RESOLVED that the Anoka County Board of Commissioners reserves its right to withdraw from sale any or all parcels listed in Exhibit C, "oJ RESOLUTION #90.46 Page 3 YES NO District # 1 - Haas Steffen X Haas Steffen ) District #2 - Burman X Burman -- District #3 . Langfeld X Langfeld District #4 - Kordiak X Kordiak District #5 - Cenaiko X Cenaiko District #6 - McCarron X McCarron , District #7 - Erhart X Erhart STATE OF MINNESOTA ) SS COUNTY OF ANOKA ) I, John "Jay" Mclinden, County Administrator, Anoka County, Minnesota, hereby certify that I have compared the foregoing copy of the resolution of the County Board of said County with the original record thereof on file in the Administration Office, Anoka County, Minnesota, as stated in the minutes of the proceedings of said Board at a meeting duly held on May 15, 1990, and that the same is a true and correct copy of said original record and of the whole thereof, and that said resolution was duly passed by said Board at said meeting, Witness my hand and seal this 15th day of May, 1990, ~~~ --- J N "JAY{lM IND COUNTY ADMINISTRATOR '"J PRIVATE LAND SALE LIST - 1990 EXHIBIT C :-J Appraised Sec. or Twp. or Value of Subdivision Lot Block Range Land City of ANDOVER Contact the Municipalitv for Local BuildinQ and ZoninQ Ordinances. UNPLAlTED 1. 07 32 24 22 0001 Plat 65907 Parcel 3000 Key 546948 That prt of the NW1/4 of the NW1/4 07 32 24 $100 Sec 07.32-24 desc as fol, com at the inter of the Nly extn of the Wly line of the plat of Grow Oak View Estates & the N line of sd 1/4, 1/4; th S 0 deg 26 min E alg sd Wly line & extn 1287 ft to the pob; th W prll/w sd N line 338.46 ft; th S 0 deg 26 min E to the S line of sd 1/4, 1/4; th Ely alg sd S line to the Wly line of sd plat; th Nly alg sd Wly line to the pob; ex rd subj to ease of rec 2. 09 32 24 31 0020 Key 1067473 The East 33 feet of the NE1/4 of 09 32 24 $100 SW1/4 of Sec 09-32-24; ex N 1023 ft thereof; subj to ease of rec 3. 12 32 24 11 0009 Key 845615 That prt of the NE1/4 of the NE1/4 12 32 24 $100 of Sec 12-32-24 desc as fol: Com at the NW cor of sd 1/4,1/4, th E alg the N line thereof 205.25 ft th S 12 deg 51 min 02 sec W to the Nly RfIN line of Butternut St th NWly alg sd r/w line to the W line of sd 1/4.1/4, th N alg sd W line to the pob; ex rd; subj to ease of rec ,) - 1 - Appraised Sec. or Twp. or Value of Subdivision Lot Block Range Land ~-J City of ANDOVER (Con't) 4. 29 32 24 42 0006 Plat 65929 Parcel 8020 Key 559229 prt of NW1/4 of SE1/4 sec 29-32-24 29 32 24 $2,000 desc as fol: com at the SE cor of Govt lot 4 sd sec th N alg E line thereof 598,25 It to C/l of South Coon Creek Dr th NWly alg sd C/l 229.7 It th SWly at rt ang to sd C/l 217,8 It to pob th NWly at rt ang & prll/w C/l of South Coon Creek Dr 400 It th SWly at rt ang to a pt being 720 It Nly at rt ang to S line of said Govt lot & 722.9 It W of the SE cor thereof th SEly & prll to sd C/l of South Coon Creek Dr 400 It th NEly at rt ang to pob; ex rd; subj to ease of rec CEDAR CREST ESTATES 5. 05 32 24 33 0003 Plat 66785, Parcel 0220 Key 900261 lot 2 Blk 3 Cedar Crest Estates 2 3 $400 (subj to ease as shown on plat) NORDEEN ADDITION 6, 24 32 24 24 0003 Plat 67809, Parcel 1850 Key 574961 lot 8, Blk 5 Nordeen Add - Subj to 8 5 $3,000 drainage and utility ease over S 10 It and W 5 It, .J - 2 - ',... E''''- ~"',t-,:; .;...- I tl 1'1 I~ ,. ',~ ~ u ,~ .~F~'"", ~ .~ ~ ~f" ~..,.,. '" t1 iLa ~ !iG~~-~;-9;l ~~ CITY OF !\NDOVER 2109 161st Ave. N.W. r.noka, ~1N 55304 '1av 14,1990 Andover City Council 1685 N~W. Bunker Lake Blvd Anodver, MN 55304 Dear Sirs: I have noticed the new water tower built at the city hall. Since it hasn't been painted yet, I would like to suggest a paint scheme or design and colors. I know there already is one tower by Bill's on Round Lake Blvd, and it is already painted. In my many travels I always seem to notice the water towers, and it draws attention to that city or community. For instance, Spring Lake Park is known for it's water towers and even have celebrations know as Water Tower Days. In travelling to Texas recently I noticed a water tower in the same shape as ours and I liked the color and design. It was red, white, and blue; like the American flag which I think is really nice. The bottom (trunk) was in red and white stripes and the top in white with blue stars. I am no artist by any means but I will try to sketch what I had in mind. Just thought I would sug~est this and I don't know what it takes to get something like this done but I thought I would start here. I would greatly appreciate a reply, Thank you. Sincerely, ~~v~ Esther Haas _ .J- ). tl ~~'~~~'C\.- -J ...r~ " ~ r ....' ,f -----+-J:l-/,:': (; 4' -:--.l~ ,;}{.< ~J '~.:':~-:-- ~' i I c....... 1 C' -- ,) '~' <." t...... ~ .' " \,... iL. \ ". i " /- /0 L-2.'.' ;",' /.1 / , , , ) " MEETING &/0/90 AGENDA ITEM :#: I :J SUPPLEMENT TO: FEASIBiliTY REPORT LOT 1 WATTS GARDEN ACRES SANITARY SEWER AND W A TERMAIN IMPROVEMENTS PROJECT 90-6 o ANDOVER, MINNESOTA JUNE 5,1990 COMM. NO. 9748 TKDA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 612/292-4400 FAX 612/292-0083 ,.J SEWER AND WATER IMPROVEMENTS "J LOT 1 WATTS GARDEN ACRES CITY PROJECT 90-6 ANDOVER, MINNESOTA Land Acquisition Costs - Phase I Cost Owner PIN Acres per Acre Total H. Haluptzok 34-32-24-42-0006 0.070 $10,000 $700.00 W. Batson 34-32-24-42-0005 - W. Batson 34-32-24-42-0004 0.106 $10.000 $1.060.00 Total $1,760.00 Land Acquisition Cost - Phase II Cost Owner PIN Acres oer Acre Total W. Batson 34-32-24-42-0001 0.220 $10,000 $2,200.00 :J Total Land Acquisition Costs - Phase I and Phase II $3,960.00 Preliminary Assessment Roll, Including Land Acquisition - Phase I Sanitary Owner PIN Sewer Watermain Acquisition Total H. Haluptzok 34-32-24-42-0006 $3,972.79 $9,753.00 $700.00 $14,425.79 W. Batson 34-32-24-42-0005 W. Batson 34-32-24-42-0004 $2,652.79 $6,323.00 $1,060.00 $10,035.79 Summary - Phase I Total Project Cost $48,560.00 Less Assessment to PIN 34-32-24-42-0006 $14.425.79 Total City Participation $34,134.21 ",J -1- 9748 '\ , ) ,J '\ ) Preliminary Assessment Roll. Including Land Acquisition. Phase II Owner Sanitary Sewer Land Watennain Acquisition Total PIN W. Batson 34-32-24-42-0001 $6,053.58 $16,085.25 $2,200.00 $24,338.83 Total City Participation. Phase I and Phase II City Participation - Phase I Less Batson Assessment (PIN 34-32-24-42-0004) Total Un assessed Amount - Phase I Total Future Cost - Phase II Total Unassessed Amount - Phase I and Phase II Less Batson Assessment (PIN 34-32-24-42-0001) Total Unassessed Balance (Trunk Area) Area Charges Previously Assessed Net City Share -2- $34,134.21 -$10.035.79 $24,098.42 $19,900.00 $43,998.42 -$24.338.83 $19,659.59 -$6.932.64 $12,726.95 9748 ,.J CA.... CITY of ANDOVER Regular City Council Meeting-June 5, 1990 7:30 P.M. Call to Order -J Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Public Hearing/90-6, Cont. 2. Supplemental Assessment Hearing/86-19 3. Assessment Abatement/86-19 4. Ordinance 44 Discussion 5. Special Use permit/Jay St. Auto Dealers Sign 6. Woodland Creek Easement Amendment 7. Final Payment/88-1/Crosstown Blvd. 8. Crosstown Watermain Extension 9. Award Quote/Altitude Valve 10. Petition for Stop Sign/169th & Quay st. Area Staff, Committee, Commission 11. Approve Burn Agreement/Fire Department 12. AAA Building Lease Discussion 13. Receive Quotes/AAA Bldg. Electric Service 14. Capital Budget, Cont. 15. Approve Kennel License Renewal/P. Prior 16. Day Rescue Request 17. Lions Club Street Dance Discussion 18. Park Dedication Requirements 19. Rural Development Policy Non-Discussion Items 20. Approve Hokanson Resolution 21. Approve Fields Lot Split Resolution 22. Amend Motion/Computer Terminal Purchase 23. Approve Joint Powers Agreement/University Ave. 24. Approve Resolution/PIR Fund 25. Release Escrow/13380 Hidden Creek Drive 26. Approve Resolution/Loaning PIR Funds 27. Approve Plans & Specs/90-2/164th & Jonquil 28. Approve Assessment AbatementjWoodland Terrace 4th 29. Declare Adequacy of Petition/176th Ave. & Black- foot Area/90-14 Approval of Claims Adjournment ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE June 5, 1990 ITEM NO. Approval of Minutes BY: v. volk APPROVED FOR AGENDA-}~ .Jl ,/ AGENDA SECTION NO, 1 f M t s Approva 0 inu e ORIGINATING DEPARTMENT Admin. The City Council is requested to approve the following minutes: May 15, 1990 May 17, 1990 Regular Meeting (Perry absent) Special Meeting (Perry absent) MOTION BY . .'\ '-./ TO COUNCIL ACTION SECOND BY J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO, DATE ORIGINATING DEPARTMENT June 5, 1990 Di- 'nn.L Engineering -f~'" APPROVED FOR A~ BY: ~ ITEM NO.1. Public Hearing/ 90 6, cont. BY: ~,_L, ~ The Public Hearing was continued from the last meeting of May 15, 1990 to allow staff to discuss the item with the property owners affected by the proposed improvement. In a phone discussion with Mr. Batson, he indicated that he is not interested in the improvement and will not attend the meeting of June 5, 1990 under any circumstance. Mr. Batson's feeling is that his septic system is functioning properly and the well has been tested and approved by the State of Minnesota. Mr. Haluptzok will be attending the meeting. Attached is information regarding the easement acquisition from TKDA. Other information regarding this item is in your packet from May 15,1990. MOTION BY COUNCIL ACTION SECOND BY \ '.J TO .) '\ ,J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN, PROJECT NO. 90-6 IN THE LOT 1, WATTS GARDEN ACRES AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. the 1st day of May hearI"ilgi' and 052-90 of the City Council adopted on , 19~, fixed a date for a public WHEREAS, pursuant to the such hearing was held on the 19~; and required published and mailed notice, 15th day of May WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 90-6 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA 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 the City Council at a Regular Meeting this 5th day of June , 19 90 , 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 June 5, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT FOR A Engineering ITEM NO, 2. Supplemental Hearin 86 19 BY: The city Council scheduled a public hearing for a supplemental assessment for PIN 30-32-24-43-0001, Rosella Sonsteby (the 40 acres lying east of County Road 7 and along County Road 116), project 86-19, Dehn's Pond. The City Council is requested to approve the attached resolution. The area of assessment on the original assessment was in error. Therefore, we are recommending that the assessment be reduced by the amount of $3648.00. The supplemental assessment provides for principal paid through 1990 of $1566.07 and interest in the amount of $939.01 resulting in a balance of $7034.92. The $7034.92 in the supplemental assessment is amortize~ over 12 years at 8.1%. The 12 years is the remaining number of years on the original assessment which was for 15 years. Enclosures: TKDA Letter Proposed Roll Resolution Attached is information from Mrs. Sonsteby stating her intent to appeal the assessment. COUNCIL ACTION MOTION BY ,J TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. , '\ ,_./ MOTION by Councilman to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM DRAINAGE FOR IMPROVEMENT PROJECT 86-19 FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of Storm Drainage for PIN 30 32 24 43 0001 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 12 years, the first of the installments to be payable on or before the first Monday in January, 1991 and shall bear interest at the rate of 8.1 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1990 To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, ~t any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of , 19 with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER , ,.J ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk ."?KDA -- TOLTZ, KIHQ, DUVIILL, IINDERSON IIND A$ElOOII\TE8, INOOFlPOFlAUO ENGINEERS ARCHITECTS PLANNERS 2800 I\MBRlOI\N NATIONI\L !ANK BUILDING ,SAINT PAVL, MINNliSaTA 11101 e11l111Q~0 FAX e11l1Q9Q.OOn May 16, 1990 Mr. James Schrantz City Administrator 1685 Crosstown Boulevard NW Andover, Minnesota 55304 Re: Detm's Outlet City Project 86-19 Pundover,~esota Dear Mr. Schrantz: Attached is l\ breakdown sheet for the Supplemental Assessment for PIN 30-32-24-43-0001 (Rosella Sonsteby) showing the original assessment and the supplemental assessment based on an abated amount of $3,648,00, principal paid through 1990 of $1,566,07, and interest on the abated amount through 1990 of $939.01, resulti.ng in a balance of $7,034.92. A separate breakdown shows the amortization of the $7,034,92 over 12 years at 8.1 %. Please call if you have any questions. 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A-'n ~d 0 tI e-v-~IIiJ~L,,~.:{J~ ~- , \ ,--",/ < ' '~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 5, 1990 ITEM NO. Assessment Abatement/ 86-19 3. BY: V. Vo1k APPRI<?XE~R AGEN,,~ ( II BY: lv ,/ AGENDA SECTION NQ Discussion Items ORIGINATING DEPARTMENT Administration If Council decides to abate a portion of Ms. Sonsteby's assessment for Project 86-19 (item 2 of this agenda), a motion is required for the abatement. Attached is an abatement form that will go to the County for their approval. We will abate the entire original assessment and reassess the new amount beginning with the 1991 taxes. MOTION BY \ -J TO COUNCIL ACTION SECOND BY Form No. 2504 IRe. 3.2.82) Commissioner of Revenue Abatement Form 7 (Rev. 3/74) APPLICATION FOR ABATEMENT MILLER-DAVIS CO.. MINNEAPOLIS GENERAL FORM F or Taxes Assessed in Year ,. c , . o 00 Z U Z o ,. c ~ o U Complete in tripIicilte if ta" reduction exceed~ $500; otherwi...e complete in duplicate. Please print or type. and Payable in Year of Andover on behalf of Rosella School District No. Oat. of Application 11 6/5/90 Zip Code 1685 Crosstown Boulevard N.W. APPLICANT'S STATEMENT OF FACTS: Andover 55304 Property was incorrectly assessed. APPLICANT'S REQUEST Abate the total amount of the assessment ($13,188.00) under Fund 1449. Property identification number 30 32 24 43 0001. Applicant's Signature Date NOTE: Minnesota Statutes 1971, Section 609.41 "Whoever in making C1ny statement, orol or written, which is required or authorized by low to be mode os Q ~~Si5 of imposing, reducing or abating any tax or assessment, intentionally makes any stotement os to any moterial matter which he knows is folse may be se!'"\tenced, unless otherwise provided by Jaw, to imprisonment for not m'ore thon one year or to payment of 0 fine of not more thon $1,000, or both. REPORT OF INVESTIGATION (by County Assessor or City Assessor in certain cities) I hereby report that I have investigated the statements made in the foregoing application and Find the facts to be as follows: ') CERTIFICATE AND RECOMMENDATION BY COUNTY BOARD AND COUNTY AUDITOR I, the undersigned, County Auditor of the within nomed county,do hereby certify thot 0 careful examination into the allegations and statements set forth in the within application has been mode by the County Boord of said county and by myself and that from said examination we ore convinced and believe that said allegations and statements ore true. I further certify that, at 0 meeting held , 19_, said County Boord, by official action upon motion duly adopted and entered upon the minutes of its proceedings os 0 public record, showing the names of the taxpayers and other persons concerned and the amounts involved, mode the following recommendation, wherein I hereby concur, upon said application: That the assessed value of said property be reduced to and fixed at $ hereby certify the result of the adoption of said recommendation will be os follows: Amount of reduction of assessed value $ Amount of reduction of taxes $ Signature of County Auditor Dote ORDER OF THE DEPARTMENT OF REVENUE - STATE OF MINNESOTA .19_ REJECTION ACCEPTANCE Upon due consideration of the within application it is ordered .nat the same be and it is hereby rejected. Upon due consideration of the within application it is o"rdered that: Commissioner of Revenue o the recommendation of the County Board and County Auditor be granted. o By Reason for Rejection: The auditor and treasurer of said county are hereby C1ulha" rized and directed to make such changes intherecords and books of their respective offices 0$ may be necessary to corry out this order. Commissioner 01 Revenue By ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 ITEM Ordinance #44 NO, Discussion DATE ORIGINATING DEPARTMENT Planning ~ BY, Jay Blak~ity 4-. Planner APPR~VO FOR AGENDA BY) V AGENDA SECTION NO. Discussion Items REQUEST The Andover City Council is asked to discuss several sections of Ordinance 44 (Junkyard Ordinance). BACKGROUND Due to concerns raised by some property owners south of the auto salvage yards regarding the condition of the fencing facing the residential properties, staff has been asked to bring this item to the attention of the City Council. There are several glaring holes in the fencing requirements for auto salvage yards. 1. The fencing requirements are more stringent for fencing along streets than along residential property. A "living fence" of pine trees is only required along the frontage of a street. 2. The fence is required to be eight (8) feet in height. Junk vehicles may be stacked up to ten (10) feet high. Approximately two months ago, staff approached the Council with the possibility of amending the Junkyard Ordinance to assist adjacent property owners with developing and/or selling their property. The Council did not give direction for the Planning Commission at that time. Staff has been waiting for additional direction from the City Council regarding fencing and screening before any major additional enforcement efforts are undertaken. An example of this problem would be the condition of the fence along the south side of Andover Auto Parts facing the Hurst property. The Hursts have taken photos of the fence and will present them at the meeting. COUNCIL ACTION " ''-J MOTION BY TO SECOND BY Page 2 Ordinance 44 Discussion June 5, 1990 ,J staff felt that it was unreasonable to ask the property owner to reconstruct the fence if the fencing standards were being amended. Only the south side of Andover Auto Parts and the west side of Anoka Auto wrecking are immediately adjacent to property zoned residential. OPTIONS Council is asked to give the Planning Commission additional direction for a possible amendment to the Junkyard Ordinance updating fencing standards. 1. Direct the Planning Commission to prepare an ordinance amendment updating fencing standards in Ordinance 44. 2. Direct Staff and Legal Counsel to begin investigation into alternative solutions to the visual blight problem in the area, including inside storage requirements, etc. 3. Direct Staff to enforce existing ordinance, assuming that no ordinance amendment is imminent. ~ ~~ Regular City Council Meeting Apri I 17. 1990 - Minutes Page 13 ACCEPT WORK. DIRECT FINAL PAYMENTS/IP87-6 AND 88-1 MOTION by Jacobson, 87-6 as presented. unanimously. Seconded by Knight, the Resolution for Project <See Resolution R047-90) Motion carrIed MOTION by Jacobson, Seconded by Orttel, the ResolutIon for Project 88-1 as presented. <See Res. R048-90) Motion carried unanimously. ORDER ASSESSMENT ROLL/ACCEPT ROLL. WAIVE PUBLIC HEARING/ADOPT ROLL/ 89-15 AND 89-18. KIRBY ESTATES Kav Olson - stated the assessment roll contains water connection charges and sewer connection charges. It Is her ImpressIon that the WAC and SAC charges are contractor charges, not the developer's. Also. those charges are 1990 charges; however, two of the building permits were pulled In late 1989. She wondered If that Is inconsistent. Mr. Schrantz stated when the roll was done, everythIng was done equally. He stated those charges Increased 5 to 6 percent over last year on January 1. This Is for water and sewer connection charges, the City's costs, not the SAC charge. Those charges have been assessed since 1985. Attorney Hawkins noted if the 1989 charges are used for those two permits, Interest would be paid on It. So the net result may be the same as leaving It as It Is. Mr. Koollck was also concerned about setting a precedent of keeping track of when building permits are pulled in each subdivision to factor out assessments. He felt that would be a tremendous job. Council agreed to the roll as prepared. MOTION by Perry, Seconded by Jacobson, introducing the ResolutIon declaring cost and directing preparation of assessment roll for the improvement of watermaln, sanitary sewer, streets and storm drain for Project No. 89-15, Kirby Estates and 89-18, Southeast part of Watts Garden Acres. <See Resolution R049-90) Motion carried unanimously. MOTION by Orttel, Seconded by Perry, a Resolution adopting the assessment roll for the Improvement of watermain, sanitary sewer, storm drain and street construction Project No. 89-15, Kirby Estates and 89-18, Watts Garden Acres; as prepared. <See Resolution R050-90) Motion carried unanimously. ! FHA LETTER/MEETING WITH METROPOLITAN COUNCIL REPRESENTATIVES Mayor El ling noted the letter from FHA regarding their positIon on neighborhood standards. He felt something should be done to address \ the problem such as those mentioned In the letter: rules for ',~ acceptable separation distances from salvage yards or on-sIte containment of materials in buildings, requiring landscaping and fencing to reduce adverse visual Impacts. Regular City Council Meeting Apri I 17, 1990 - Minutes Page 14 \ ' \ - '--) (FHA Letter/Meeting with Metropolitan Council Reps., Continued) Council discussed some suggestions such as providing funds for screening, buying the Hurst property to provide a buffer with multiple housing, and require inside operation of salvage yards. Mayor El ling thought an ordinance requiring inside operation of the salvage yards could require that compliance over a 24-month period. Attorney Hawkins thought there was some precedence for amortizing uses of a nuisance to an area as long as there is evIdence that they are having an impact on the surrounding area. Mayor Elling noted Deerwood Estates was turned down for FHA financing because the Met Council requires 10-acre sItes. He also dIscovered the Met Counci I Staff is makIng the final updates on the Rural Development Guidelines wIth no Input from nor knowledge of It by the affected communities. So he cal led a meeting of many of the mayors and supervisors of the surroundIng communities and Steve Keith of the Met Council about those Guidelines and the 4-for-40 development concept of the Met Council. Nothing was done, but It was productive In that they did exchange a lot of ideas. The Mayor suggested the City's Comp Plan update be stopped untl I the Rural Development Guideline Is completed by the Met Council. Also, FHA is now refusing to finance rural. developments on less than the 4-for-40 density because of the Met Counc i 1 po I icy. Discussion continued on the effects these policies have on the City and what action is open to the City. Mr. Blake explained they are about a fourth of the way through the Comp Plan update. Councllmember Orttel suggested doing nothing with the City's Comp Plan as it relates to Met Council guidelines for at least 90 days when the Met Council guidelines will be developed. Council agreed. Discussion returned to the proposal of requiring salvage yards to operate inside. JoAnn Wilber. iunkvard operator - didn't feel they are the cause of the problem. She suggested someone study their operation and how they work. She didn't think there were many offers from developers to develop next to them, nor did she think It was proper to be discussing a requirement for salvage yard operators without everyone in attendance. She also telt that other options need to be looked at. No Council action was taken. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Knight, Checks Numbered 5129 through 5220 with the note that Checks Numbered 5173 and 5210 are void, tor a total of $707,778.07. Motion carried unanimously. MOTION by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. Meeting adjourned at 11:30 p.m. Respesctfully submitted, '-~_)r\~t~L Ma?cella A. Peach, Recording Secretary CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~ ORDINANCE NO. 44 AN ORDINANCE REGULATING AND LICENSING JUNKYARDS DEALERS AND REPEALING ORDINANCE NO.9. The City Council of Andover does hereby ordain: SECTION 1. DEFINITIONS. Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this ordinance: 1.1 "Person" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. 1.2 "Junk" shall mean old iron, steel, brass, copper, tin, lead, or other base metals; old cordage, ropes, rags, fibers, or fabrics; old rubber; old bottles or other glass, bones; wastepaper and other waste or discarded material which might be prepared to be used again in some form; and any or all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; but "junk" shall not include materials or objects accumulated by a person as by-products, waste, or scraps from the operation of his business or materials or objects held and used by a manufacturer as an integral part of his own manufacturing processes. 1.3 "Junkyard" (Auto Reduction Yard) shall mean a yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing junk as defined above, upon which occurs one or more acts of buying, keeping, dismantling, processing, selling, or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity. 1.4 "Junk Dealer" shall mean a person who operates a junkyard, as defined above, within the City. 1.5 Natural Screening shall mean vegetation or topography which, at all times, prevents visual contact with stored materials from neighboring businesses, residences, public roadways or public lands. (12-4-79( 1.6 Security fence shall mean an unclimbable fence with a minimum of 6 feet in height. (12-4-79) SECTION 2. LICENSE REQUIRED. o 2.1 No person, firm or corporation shall engage in the occupation of junk dealer or operate a junkyard, as defined above, without first having secured a Special Use Permit and a license in a manner hereinafter set forth. SECTION 3. APPLICATION. 3.1 All applicants desiring to secure a license, shall make a written application to the City Clerk, upon forms supplied by the , City, accompanied with a fee set by the City Council. ~~ 3.2 In addition to the above requirement, the applicant shall file with the City Clerk policies of public liability and property damage insurance which shall 'remain in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without ten (10) days written notice to the City. Public liability insurance shall not be less than one hundred thousand ($100,000) dollars for injuries including accidental death to anyone (1) person and subject to the same limit for each person in the amount of not less than three hundred thousand ($300,000) dollars on account of anyone (1) accident and property damage insurance in the amount of not less than fifty thousand ($50,000) dollars for each accident and not less than one hundred thousand ($100,000) dollars aggregated. No license shall be granted until said insurance policies have been filed and approved by the City. 3.3 No license shall be issued until the applicant has executed under the City of Andover and deposited with the City Clerk a corporate surety bond approved by the Clerk in the sum of two thousand ($2,000) dollars guaranteeing the compliance with the provisions of this ordinance. Such bond shall remain in force and must be executed for a period of one (1) year except that on such expiration it shall remain in force as to all penalties, claims, and demands that may have occurred thereunder prior to such expiration. 3.4 Applications for a junkyard license shall be filed with the City Clerk and shall be reviewed and subject to approval or denial by the majority vote of the City Council within 60 days of the application date. SECTION 4. GENERAL OPERATING REQUIREMENTS. The following general operating requirements shall apply to all junk dealers and junkyards licensed in accordance with the provisions of this ordinance: 4.1 The junkyard, together with things kept therein, shall at all times be maintaIned in a sanitary condition. 4.2 No space not covered by the license shall be used in the licensed business. 4.3 No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises. 4.4 No junk shall be placed or piled within forty (40) feet of the traveled portion of any public street, walkway, or curb, or allow to be blown off the business premises. 4.5 Junk shall not exceed ten (10) feet in height, except for \ snow accumulation and shall be arranged to permit easy access to ,~~ all junk for fire fighting purposes. Page 2 ,J 4.6 No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises not shall the premises be allowed to become a fire hazard. 4.7 Gasoline and oil shall be removed and disposed of in an approved manner from any scrapped engines or scrapped vehicles on the premises. 4.8 No processing of jurik or any other noisy activity shall be carried on in connection with the licensed business on Sunday, any legal holiday, or at any time between the hours of 6:00 P.M. and 7:00 A.M. 4.9 The licensee shall at all times retain on file and shall permit inspection, by a number of the Andover city Councilor it's authorized representative, of the following: a. A copy of the Bill of Sale or Title Card or Dealer's Purchase Receipt as prescribed by Minnesota Department of Public Safety pursuant to Minnesota Statutes, Chapter 168.11, Subd. 2, and or Chapter 168.013, Subd. 6, with motor vehicle serial number contained thereon, for each motor vehicle purchased by the licensee within the previous thirty-six (36) months. (2-5-80) b. The name, address and telephone number of each person who has sold a motor vehicle to the licensee within the previous thirty-six (36) months and attached thereto or filed therewith shall be the license number of the motor vehicle the seller rode in when he/she sold the motor vehicle to be junked and, in addition to the foregoing, information shall be filed containing the description, license number and serial number of the vehicle that was sold to the licensee. 4.10 No junkyard shall be allowed to become a nuisance; no junkyard shall be operated in such manner as to become injurious to the health, safety, or welfare of the community or of any residents close by. SECTION 5. INITIAL LICENSE FEES AND REQUIREMENTS. The initial annual fee to be paid for any junkyard license application shall be set by Council resolution, in addition, (1-5-82) the following requirements shall be met: 5.1 Where junk is kept outdoors, the area shall be enclosed by a solid vertical wall or fence of uniform material and color which is at least eight (8) feet high, as measured from street level, to be erected according to the following schedule: \ ,..-J a. Thirty (30) days following the approval of a Special Use Permit for such purpose but prior to the issuance of the Junkyard License, the property owner shall fence the entire premises pursuant to the requirements of this Ordinance. During the period said license is in effect, the fence shall be kept in adequate repair to comply with the intent of the ordinance. b. In addition to the fencing requirements, the licensee shall be required to plant a living fence of evergreen trees Page 3 ,J or other suitable species of plant approved by the City Council. Such living fence shall require trees of at least four (4) feet in height at time of planting and spaced not more than ten (10) feet apart. Such living fence shall be planted by May 1, 1982. Such living fence shall be maintained; any plant which dies or is destroyed shall be replaced by May 1 of the following year. A living fence need only be planted on the portion of the property abutting a public street. ' (2-2-82) c. Variances. 1. The Council may grant a variance from the fencing provisions of this ordinance for one of the following reasons. a. The portion of the property which abuts another junkyard. b. The portion of the property which has sufficient natural screening. A variance for natural screening would require a security fence for the purpose of safety. Fencing shall be nonclimbable fence with a minimum of 6 feet in height. Revocation of Variance: If screening changes in such a manner that stored materials come into view of neighboring residences, businesses, public roads and public lands, upon such change the variance will be revoked immediately and an applicant has 30 days from date of notice to provide screening as in compliance with this ordinance. (12-4-79) SECTION 6. RENEWAL OF LICENSE AND REQUIREMENTS. 6.1 The annual fee for any renewal license application shall be set by Council resolution. (1-5-82) 6.2 Before renewal the requirements of this Ordinance shall have been completed. 6.3 The renewal license period shall be from January 1 through December 31 of each year. No fees shall be pro-rated. In 1980, the applicant shall on or before July 1, include a fee of $112.50 for his renewal license. This 1.5 times the fee required in Section 6.1 shall be for a period of July 1, 1980 through December 31, 1981; at which time the fee pursuant to Section 6.1 shall then and thereafter be paid on or before December 31 of each year to cover the operations for the following year. (6-3-80) SECTION 7. INSPECTIONS. , 7.1 The City Councilor it's duly authorized representatives, ,~ shall inspect the junkyard of all junk dealers licensed under this ordinance at least once a year to determine whether such yards are being operated in accordance with the provisions of this ordinance Page 4 and other applicable prov~s~ons of law. One such inspection must have been made within two (2) months prior to renewal of any junkyard license. ~J 7.2 premises any time The licensee shall permit inspection of the business by any member or representative of the City Council at during regular business hours. 7.3 Each junk dealer shall display his license in a conspicuous place on the business premises. SECTION 8. TRANSFERABILITY. 8.1 No license issued under this ordinance shall be transferred or used by any person other than the one to whom it was issued except upon approval of the City Council. As a prerequisite to said approval, the transferee must meet all qualifications required by this ordinance of the original licensee. No junk dealer license shall be used at any location other than the one described in the application and for which it was issued. SECTION 9. HEARING ON GRANTING, DENIAL, RENEWAL, OR REVOCATION OF LICENSE 9.1 a. Any person aggrieved by an Order of the City Council granting, denying, renewing, suspending, or revoking a license for a proposed or existing business or activity subject to the provisions of this ordinance, may file a written request for a hearing before the City Council within ten (10) days after issuance of such order. The City Council shall give notice of a public hearing upon this request to be held in not less than five (5) days after service of the notice on the person requesting the hearing. The City Council may also give notice of the hearing to other persons directly interested in the Order in question. At such hearing, the City Council shall determine whether the granting, denial, renewal, suspension, or revocation or the license was in accordance with the provisions of this ordinance and shall issue a written Finds of Fact, Conclusions of Law, and Order to carry out it's findings and conclusions. Those Findings of Fact, Conclusions of Law, and Order shall be filed with the City Clerk and shall be mailed to all interested parties appearing or represented at said hearing. b. The City Attorney shall furnish such assistance and advice to the City Council as said Council shall request. ~J 9.2 When the City Council determines that the public interest so requires, it may revoke or suspend the license of any junk dealer when it finds, after due investigation and a public hearing, that: a. The licensee or any of his employees or agents have concealed the receipt of stolen property or have knowingly received stolen property. Page 5 b. The licensee has failed to comply with the provlslons of law applicable to the premises, equipment or operation of the licensed business. ~ c. The licensee has obtained his license through fraud or misstatement. d. The licensed business or activity is being conducted in a manner found to be detrimental to the health, safety, or general welfare of the public or is a nuisance, or is being operated or carried on in any unlawful manner. e. The licensed business or activity has not been operated or carried on for a period of six (6) months. SECTION 10. COMPLIANCE. 10.1 Any person acting as a junk dealer within the city of Andover on the effective date of this ordinance shall have a period of ninety (90) days after such effective date to comply with provisions of this ordinance. SECTION 11. PENALTY. 11.1 Any person violating any provision of this ordinance shall be guilty of a misdemeanor as defined by State Law and subject to the penalties thereof. SECTION 12. VALIDITY. 12.1 If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not effect the validity of the remaining portions of this ordinance. SECTION 13. REPEALER. 13.1 Ordinance No.9, adopted November 9, 1971, is hereby repealed. SECTION 14. EFFECTIVE DATE. 14.1 This ordinance shall take effect and be in force upon it's passage and publication as required by law. Adopted by the Andover City Council on the 16th day of January, 1979. CITY OF ANDOVER JERRY WINDSCHITL Mayor ATTEST: PATRICIA K.LINDQUIST Clerk \ , ) Page 6 ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION I M ,,~,iu\ J5 5. Jay Street Auto\~ , Dealers SUP Request BY: d I Arcy Bosell (}j J BY: The Planning & zoning Commission at its meeting on May 8, reviewed the request of Andover Auto Parts, et aI, for a ecial Use Permit (SUP) to allow them to erect an advertising sign on the property located at 13678 NW Jay street. Said sign would replace the sign which is currently on this site advertising Commercial Auto Parts. DATE ORIGINATING DEPARTMENT Planning & Zoning 5 June 1990 AGENDA SECTION NO. Discussion Items It is the recommendation of the Commission that this request be denied. Attached are the Planning Commission packet materials and corresponding minutes which reflect the discussion of the Commission in this regard. As you will note from the comments following the motion, there is some concern because the existing sign could be renovated and updated and remain exactly where it is without any action by the City. It is only when the sign is moved and the use intensified (to include other advertisers) that it falls under the criteria of Section 8.07 of Ordinance'No. 8. Staff has not prepared a Resolution for this item as it is not clear which direction the Council will act. COUNCIL ACTION " MOTION BY TO SECOND BY '-./ t'i;;P-2r' 19'30 14: 43 FROi'! -C I TrOF -AI,IDO',EF: ~u '(:=:1401'j -":-U,:, ~ CITY of ANDOVER .t'\ 1685 CROSSTOWN BLVD. N.W. ANCOV~R. MINNESOTA 55304 SUP ;t ~~) SPECIAL USE PERMIT' REQUEST FORM Property Address h.%78 /JtU v'ay d-b't'/',i;- Legal Description of property: (Fill in whichever is appropriate) Plat Parcel Addi tion tU.'1..t:tS &l./'clc/i /#y(..J PIN .34- _..z:? - ,M - -;7,.?, -c't.?cb" Lot / Block (If metes and bounds, attach the complete legal) Reason for Request ..#.:3, , Section of ordinance 8,01 Current Zoning ~uI~67~ *************************************..******************************* Address Name of Applicant !t/J/)orJe.(2 Aum flll1t:l5 eofl1lY1e~~ MID ~ 1"3~2-Co 1357f.o I /3bO~ =JAY 61. 75'-/- 32. ~7 ~:uJ)ness Phone 'lS"5~bcf/o 4~(}rj/~ ' Date ;;-s-90 *********************************************************~************ tv ILP€ft fit<1D Home Phone Signature property Owner (Fee Owner) (If different from above) ( "3570 :::J A '1 ~OI-H.{crL.elAd- ~11l) fM2..-TS Home phone SignatureL?/~ Business Phone AtJ{jol1&K'-. 15'7-6/0/.3 Address -::31. ~A~ Date ********************************************************************** Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. ~ , The names and addresses of all property owners within 350 feet of the (~subject property must also be provided. Application Fee: $150.00 Filing Fee: $10.00 Date Paid b-<f~c'/ ''/0 Receipt * ,n~'7'l TC~T~~ ;='. l=~-= ry o OF CENTER SEC. 34 ANDOVER @ ,..., ,eu~E-Sl:\Ln::""~s.:~~'52fd-.,-::-'~'" _"68.",08 -' : " y-u;-: ~: ~'. I . . ,.' . (3) ff-8~O) ':'~:;.:Jh f K.'n~ - :!.oe.708 ,.... .!p/7'" I ,~ - - -.... " . ,.J :' , , , . ~-'" 33 \l "- <t ~ 1 ~ ~ 'l' " ~ "'r " " " '" I I , I I I , , , , "1 1- , " , " " ~ ~ \ , \ \ , I , , , , , , f , , I ,,~~;\ I / I (4) I f ~I /1 :' ~l ~' . .' i ": ji " I , , , ~ ' I . .... , oj 1...... "- <I ,-..f"v ...._,~P-.=... ,;{~., (1V-'&4J') M I //.N'} ~'fj $Als Auri ,AIt/'3 ~ ::;'c.' .s.7,Z-'t'. /3(;'7/3 /Id/ "'7f:?7 -ftYGi,C- 3-1 ~ 3d ---i-?t - ")1:,,;j -Ci ()od , dif;z, fry, -.jCI./--' d.!J' - "l _ _...:J'z/-..", ...;",....,/"f/..... ....-3#.... /~?' ---.::oouN F' ,0 /I) r/d) (3) (~4) /.) dtAi,.v ~.:/4A,JV"'N'" /..~H '" ::'! :6CO) ."?_:ph ',\'::r ;(a..+hr-y0 .1-(, 7'"'0./;"0+ //? 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"'N .'; , C! rTlr Z ::0, ~ . < , ''2 ~ ~:~ , ~ ~l! .Q 'I: I ..r.a. ./ .JI,) , .::U . .'--j ~~:/"; ~ ~ ~ ~ ~ (j ~/7Z..,t. :;..-1 ....,." ~ "~-tf'~ ~/,i- . - .' I ~r"'".. <H:; ,f I : J 2 j-" I 9/ /, ~: I I /78(. ~ .. ~ " ,: /7/t- '~, ~. ~ ......' ,~ " \., ~ /7/4- ," - :s'--~~<;;;.. c...t::. ~rm.~ ~'lUJ 2G I -:u'<:lJ ~T , ~ I _ ~v~O'L 1-.1:<:;:, ~ ed(f-ofJ (f~Qd " '-. , ) ; y 4 .; " ~' \ .~. , !. ;) ",,--- ' " , ' .: . ""1. " 1# II 12-0 I " 5-0 10'-0' , tr Wilber ~# , ~ ~ COMMERCIAL . ~ ANDOVER ~/ AU" iI!' O:~ ~ , c. ....~.... .,' . P~ilTS II: 151.:" ," , I 15>'/' , ~ . , ,;:' { L!" I :;/~ ~ , 1 I 51-t" , ,1' , ',5.>2" ~ , ) , . .' ' I .,- <J ~ CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSSION MEETING May 8, 1990 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission Meeting was called to order by Chairperson Rebecca Pease on May 8, 1990, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Bill Coleman, Bev Jovanovich, Randy Peek, and Wayne Vistad Commissioners Absent: Ron Ferris and Don Spotts Others Present: d'Arcy Bosell, City zoning Administrator; and Todd Haas, Assistant City Engineer; and Ray Sowada, City Tree Inspector APPROVAL OF MINUTES MOTION by Peek and seconded by Pease to approve the minutes of the Planning and zoning Commision held on April 24, 1990. VOTE ON MOTION: Yes--peek and Pease. PRESENT--Coleman, Jovanovich and Vistad. Motion carried. PUBLIC HEARING, SPECIAL USE PERMIT, JAY STREET AUTO PARTS DEALERS, ~DVERTISING SIGN AT 13678 Jay Street, N.~. Bosell reviewed this item with the Commission and stated that the site on which the sign is requested to be located is owned by Commerical Auto Parts, although Commerical Auto Parts does not do business at this location. There is currently a sign on this parcel which advertises Commercial Auto Parts, and the request is to remove this sign and erect a new sign advertising the three auto parts businesses who are a part of the application. Bosell reviewed a sketch of the proposed sign and it meets all guidelines established by the City. Bosell stated that the sign currently located on the premises is becoming somewhat faded and worn, and a new sign would not detract and may enhance the scenic views of the surrounding area. However, this business is a lawfully existing, non-conforming use of the area; and under Section 4.03 of Ordinance No.8, an intensification of the non-conforming use is not allowed. Staff requested Attorney Bill Hawkins review this request :J ,) Regular Planning & Zoning Meeting Minutes--May 8, 1990 Page -2- and a copy of his supporting opin~on was reviewed. His opinion also stated that a new sign would intensify the non-conforming use and is not allowed under the ordinance. Both Staff and City Attorney Hawkins stated that the existing sign may be maintained and repainted with whatever wording the owners wanted. PUBLIC HEARING JOANNE WILBER, WILBER AUTO PARTS, stated she did not see any difference between installing a new sign or advertising in the media. She stated it was her feeling that they would probably just redo the existing sign. MOTION by Peek and seconded by Jovanovich to close the Public Hearing. Carried unanimously. Bosell stated the applicants have been good stewards as far as the City is concerned. All of their permits are in place, and they have met the fencing requirements. MOTION by Vistad and seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of the Special Use Permit requested by Andover Auto Parts, Commercial Auto Parts and Wilber Auto Parts for a sign at 13678 N.W. Jay Street, legally described as Lot 1, Watts Garden Acres. The proposed request, as it pertains to Ordinance No.8, Section 5.03, does not pose any threats to health, safety, morals and general welfare of occupants of surrounding lands; would not increase parking conditions difficulty; would not have a negative effect on either the property values of the surrounding properties nor would it impair the scenic view of the surrounding area; and is not contrary to the Comprehensive Plan and is not in conflict with the overall development of this area. The existing sign and any other advertising signs that may be on the property are to be removed. The Special Use Permit shal16e subject to an annual review. A Public Hearing was held and there was no opposition. VOTE ON MOTION: Yes--Peek, with comment. No--Jovanovich, with comment; Vistad, with comment; Coleman, with comment; Pease, with comment. Motion did not carry. ~) Jovanovich stated she believed the request intensifies the non-conformiU9 use and agrees with the comments of the City Attorney. , ) Regular Planning & Zoning Meeting Minutes--May 8, 1990 Page -3- Vistad stated he thought it was, very well worded by the City Attorney: "under Ordinance No.' 8, auto salvage yards are considered non-conforming uses since they are no longer allowed in the zoning district within which they are located. Section 4.03 deals with the operation of non-conforming uses. Under Subsection 8 of 4.03, an owner of property or buildings, which are considered non-conforming may conduct normal maintenance of the building or other structure related to the non-conforming use, however, such maintenance must not extend and intensify the non-conforming use." It is my understanding that this is definitely changing location and it is a definite increase of non-conforming use. Coleman stated that he concurred with Vistad. Peek stated that since it has been demonstrated that existing sign could be used and virtually replicate the same thing, I don't follow the logic that this represents intensification. I think this would be an improvement to the property, and improve the situation. Pease stated that she thinks this is a true dilema for the Planning and Zoning Commission, because there is a good case for allowing this, but I believe it is up to the City Council to make that decision. I can see this as that something could occur with the existing sign, but due to the fact that it is a non-conforming use for business, it creates the problem. This request will go to the City Council on June 5th. ORDINANCE NO.8 AMENDMENT, PARKING LOT STANDARDS, SECTION 8.08 This is a continuation of a discussion regarding amendments to the Parking Section 8.08 of Ordinance No.8. Bosell and Haas reviewed a side-by-side comparison of the existing Andover Ord1na~ce~an~ draft of a proposed ordinance adapted from the City of Maple Grove. Staff and Commission made the following revisions and comments"on the draft: Under (D, 4.) incorporate the language in Andover's current ordinance, inserting R-1 into the first paragraph and change automobiles to vehicles in the third paragraph. Under (D, 6.) consider that including the words "across the street" may make the regulation too extreme. ~-) Under (E, 1.) eliminate the words "perpendicular design". Under (E, 3., a.) change forty feet to sixty feet so that it is in compliance with Ordinance 10. ~~-) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE 8 May 1990 AGENDA ITEM 3. 13678 UW Jay Street Andover Auto Parts, et aI, Special Use Permit (Advertising Sign) ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning/Zoning '!'ot\-\ \,\ l.. BY: BY: d I Arcy Bosell The Planning & zoning Commission is requested to consider the Special Use Permit application of Andover Auto Parts, Commercial Auto Parts and Wilber Auto to erect a Business Advertising Sign on the property located at 13678 NW Jay Street. The following conditions currently exist: 1. The site on which the sign is requested to be located is owned by Commercial Auto Parts, however, the business of Commercial Auto Parts does not occur on this parcel. There is a building on this parcel but it is currently not used. 2. There is currently a sign on this parcel which advertises Commercial Auto Parts. This request would include the removal of this sign and the erection of a new sign advertising the three (3) auto parts businesses who are a part of this application. 3. An application for a sign Permit has been received but not issued and included therein is the proposed sign and message, proposed location, etc. The permit, however, will not be completed until a SUP is granted as requested. To date, no fees have been collected for the sign. Ordinance No.8 regulates the issuance of Special Use Permits as well as Sign Permits. In Section 7.03 of this Ordinance it provides that an Advertising Sign is permitted in an Industrial District upon issuance of a Special Use Permit (SUP). Section 3.02 of this same Ordinance defines an Advertising Sign as "a sign which directs attention to a business, profession, commodity, service or entertainment not sold or offered upon the premises where such siqn is located or to which lt is attached." Sectlon 8.07 C (~) outllnes the types of slgn permltted ln an Industrial District, the dimension restrictions, setbacks, etc. Section 8.07 D (2) details which signs require a SUP and sets out the criteria for the City to consider when presented with a request. Section 5.03 of Ordinance No.8 details what is to be considered when issuing a SUP as it relates to the use. Those things to be considered include: o Page Two In Re: 13678 SUP: 8 May 1990 NW Jay Street Andover Auto Parts, et al a. , morals s. The request before you does not pose any threats to health, safety, etc. and would have no negative effect on the general welfare of the occupants of surrounding lands. b. Existing and anticipated traffic conditions including parking facilities on adjacent streets and land. There would be no increase as it pertains to parking facilities on this parcel as there are none provided at the present moment and none proposed along with this request. The request in and of itself would not cause difficulty as it pertains to traffic conditions, however, the applicants are hopeful that the sign will increase their exposure and thus create additional business for them. c. The effect on values of property and scenic views in the surrounding area. The sign that currently is located on this parcel has been there for some time and is becoming somewhat faded and worn. The request before you to allow for a new sign to be erected would have a positive effect as it would eliminate this worn sign and replace it with a "shiny new sign". The site where the sign would be located is along Bunker Lake Boulevard at Jay Street and on all quadrants of this intersection, the property is zoned Industrial or Limited Business. Such signs are an inherent part of a business portion of a City and contributes to the success of those businesses. The sign would not have a negative effect on either the property values of the surrounding properties nor would it impair the scenic view of the surrounding area. d. The effect of the proposed use on the Comprehensive Plan. At the time the Plan was adopted, this property as a part of the Industrial Center of the City. for a SUP is not contrary to the Plan nor is it with the overall development of this area. was included The request in conflict ) ~.~ Page Three In Re: 13678 SUP: 8 May 1990 NW Jay Street Andover Auto Parts, et al At the time this property was developed, it was regulated under the jurisdiction of the Grow Township Board of Supervisors. In 1971 the Township Board adopted Ordinance No.8, the zoning Ordinance, and this use was allowed by SUP in a General Industrial District. With the adoption of amendment 8F to this Ordinance, the use became non-conforming. 8F deleted "sale or storage of used auto parts in GI only". This amendment was adopted on January 19, 1980. Amendment 80 further amended this section and deleted "Junk yard or auto reduction in GI only provided all outside storage is completely screened from adjacent streets and properties in accordance with Section 8.03". This amendment was adopted on December 1, 1981. With the adoption of amendment 8YY on November 3, 1987, the district was renamed to "Industrial" and the uses permitted by SUP were amended but does not include an auto reduction yard/junk yard. It was and is the intent of the City that no additional auto reduction/junk yards be established in the City and those that currently exist fall under the term "lawfully existing non-conforming uses"~ Section 4.03 of Ordinance No.8 sets out the following standards for such uses: A. Any structure continued upon suc u on the effective e eration existin The question in regard to "size and manner" has been referred to City Attorney William Hawkins for his opinion. It is the belief of staff that this would be an intensification of this use and thus not allowed. Attached is a letter from Mr. Hawkins in response to our inquiry. Therein he concurs that "the construction of a new sign ... intensifies the non-conforming use and is not allowed under the ordinance". The Planning Commission can make one of the following recommendations to the City Council for consideration: 1. That the request as presented be approved based on the Ordinance and the criteria set out therein. The language in the motion should be specific as to the rationale for this recommendation. '~ 2. That the request as presented be denied based on the Ordinance because it does not meet the criteria set out therein. Again, the language in the motion should be specific as to why the request does not meet the ordinance. 3. That the request be tabled for additional information and rl~rifir~rinn. ',j :) Page Four In Re: 13678 SUP: 8 May 1990 NW Jay Street Andover Auto Parts, et a1 It is the recommendation of staff based on the ordinance and the supporting opinion of the city Attorney, that Option No. 2 be the recommendation of the Commission to the City Council. . MAY- 4-9G FRI lG:G3 FO.€12 LAW O'I"lCU Of' ,.J Hurke IlHd JlIlWkiH$ .UITI: 101 att COON II"~DS ~ULEV"I\O COON IIlAI'IOS, M1NNESOT" B5~33 P'HOHt lilt 217~,2tGll JOMN M, .UIIKE WILU",.. G. H"WI(IH& May 4, 1990 Mr. Jay Blake Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Dear Jayz The following letter is written in response to your request concerning my opinion of the applicability of Section 4.03 of Ordinance No. 8 as it deals with the application by several auto salvage dealers on Jay Street to construct a new advertising sign on property owned by Charles Miste1ske. Under Ordinance No.8, the auto salvage yards are considered non-conforming uses since they are no longer allowed in the zoning district within which they are located. Section 4.03 deals with the operation of non-conforming uses. Under Subsection 8 of 4.03, an owner of property or buildings, which are considered non-conforming may conduct normal maintenance o. the building or other structure related to the non-conforming use, however, such maintenance must not extend and intensify the non-conforming use. It is my understanding that the proposal is the construction of an entirely new advertising sign for the non-conforming businesses. I believe the construction of a new sign structure to advertise non-conforming uses is not allowed under the present zoning ordinance. Furthermore I do not believe this could be considered normal maintenance to a structure since the structure does not currently exist. The landowners would have the ability to maintain existing signage but the construction of a new sign, in my opinion, intensifies the non-conforming use and is not allowed under the ordinance. If you have any questions, please contact me. Sincerely, '\ .---' William G. Hawkins WGH:mk ~) '\ ) i~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 ';.' . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, May 8, 1990 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Andover Auto Parts, Commercial Auto Parts and Wilbur Auto Parts for an Advertising sign in an Industrial zoning district on a portion of the following described property: Lot 1, Watts Garden Acres, Anoka County, Minnesota. Written and verbal comments will be received at that time and location. U~[d Victoria Volk, City Clerk Harold wilber 13608 Jay street Andover, Mn 55304 William Batson 1331 - 45th Avenue NE Minneapolis, Mn 55421 J,...l,n Imre 1, )4 Sycamore Street Andover, Mn 55304 Edward Prater 1786 Bunker Lake Blvd Andover, Mn 55304 .J Kottkes 5us Service 13625 Jay Street Andover, Mn 55304 Harold Jellison 1657 Bunker Lake Blvd Andover, Mn 55304 ,.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 ITEM NO, Woodland Creek Ease- ment Amendment DATE ORIGINATING DEPARTMENT Planning ~ r+;~(y BY: Jay Blak~1\ Ci ty 'J 1.0. Planner ~~~~~E~1~OR '- U' BY: AGENDA SECTION NO, Discussion Items / REQUEST The Andover City Council is asked to review and approve the amended easement description for the Woodland Creek Golf Course sign originally approved on March 21, 1989. BACKGROUND The Council approved an easement for sign purposes that measures 15 feet by 20 feet (see the attached deeds and drawings). The easement would allow for the placement of a sign, however, it does not allow enough area for the sign location desired by Woodland and still meet the 10 foot sign setback requirement. Woodland Development has prepared a revised deed for the sign area. Staff recommends that the City Council approve it subject to staff review and approval. COUNCIL ACTION MOTION BY ,-J TO SECOND BY . ~.' 0') ... ;; .... .~ ~ 'Q t' "'f.r~, f:'o ~ ....,,,IA.. .:: '.~ \t' ~ ;.~.... 1," -"':-clI' I ."It ... ".-.:-.... :~ \ """ <'".... '~ :. ~..:'.:, .-. --..... .. }" L ...) ":....~.. " ,.. ...... '" I" ~,_ "'" ~~ -~. ~, ~~ ,r c..o c..~ :i.. . C) ...r.. ..... S..... ....4. ,",,~.t r-- '''_~oI "'I h= .1''/,..,,, p\. 2'!_... ....... . .. > / I , , I ' '. i , 1 surv~y.... 2630,672.... .J ~ 7" /" / -;;;. ~ ~ i' I I I I I I / ...;:"" ~ ~ \~ --- " .....c.. It ...._ .. -'~.~....... . ~--.... t.,. '- N.W. ~' ... ... I, ~. 'lI.J. '''',' , , "- '.' '. " ...... 9I'~__ -:-.;,".".~... .- ~ ~ J..., ~.. ~ VI ~ -'J .: -. 0) ~':, ,~ 4 ...... - . ~.;.., -"? ....... 4~,. __e- ...... ,~ "tl ~ '. 111-'_ h. :tJ :ll; ,.... ." , , -l , "- ., " ~ "- I. " ~ ~1' r I ~.....4 ~.:.. ... f~'-'" " , 0,' "'" '. ~. """'- .... ...... , ~f\):~ U-l ~~(...- ';.:' , (~ "L- ~-- .~:.- -. 'J" t. " <f,'. "~'." i_"~" ., '.~ ....... " . ......,..- .:: .~. . "4 :~~:'....... ~, ....... "... ,... .....~\. . 0') ~ ';14.. U. ~. ~ ,. : i,'~ .~ . <.0"'" ~. . ~ ~ \, ~ . .. . ...... ,. ~.... "" " ... '. t ~ ' , ... .:> " r.; ~ ",.4' ... .' ',N.W. r. . J.~ f. " ~......' ... "'.. I ~ "'.~ ~, ~:.~ ES T A;T ES ; \0 ~ ~. ,,' .~\~t:....'~.d~~.~.; O)"""I~"", t. ~":e~'- i...' ~ "~:d "~.. ....:'AI.... : ."-...~. ............j J/w.... . ........ ~~: ;.:.:~:- ;. ;: ,~ ..::...... ..:;.::::::, ", (\ ....- Z- ,_J ~) ., -- - ~'lsh()(( r;o.~'\'~ l~sc ,r I f h C'Y\ WOOOrAND CREEK GOLF CXXJRSE DESCRIPTION FOR SIGN: '!hat part of the Park adjacent to Blocks 4 and 5 in CREEKRII:GE ESTATES, Anoka Q:lun ty, Minnesota, described as follows: Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of Section 29, 'lblo.1lship 32, Range 24, Anoka Q:lunty, Minnesota~ thence ~sterly on an assmned bearing of North 89 degrees 06 minutes 57 secOnds West, - along the southerly line of said Northeast Quarter of the Southeast Quarter a distance of 226.50 feet~ thence North 0 degrees 53 minutes 03 seconds East a distance of 88.29 feet to the southerly line of South Coon Creek Drive and being the actual I=Oint of beginning of the land to be described~ thence South 0 degrees 53 minutes 03 seconds West a distance of 15.00 feet~ thence North 89 degrees 06 minutes 57 seconds West a distance of 20.00 feet~ thence North 0 degrees 53 minutes 03 seconds East a distance of 15.20 feet to the southerly line of South Coon Creek Drive; thence easterly along said southerly line to the actual I=Oint of beginning. '" 'J z; 1~1-711t1-, ~ fl/{of /J Crak DoWL, (; 00/7 Ae.== '201.'2.4 $j'Q, o \ o '- 11) ,30 , \ 30 1347 '2.0,QO - l{j ~ ,- - " d '\ , I .- ,-' , r;j ~ -\ 1'- - ,...., ~ \ I ' , I \ (jJ , ~ , ~ 3c I 30 J 1345 {344 1343 '\ ) , "---- '- -- , .-,r'J.... t:::C I ,- '- \,v, ~ ' / / !/?&?.- ~ " f / 1-. {!OZ9- ~ ' -./." (U 0'::-1/(;,/ / ' > (jot c:.::-' )::l,d ) WOODLAND CREEK GOLF COURSE ~) DESCRIPTION FOR SIGN: That part of the Park adjacent to Blocks 4 and 5 in CREEKRIDGE ESTATES, Anoka county, Minnesot~, described as follows: Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of Section 29, Township 32, Range 24, Anoka County, Minnesota; thence westerly on an assumed bearing of North 89 degrees 06 minutes 57 seconds West, along the southerly line of said Northeast Quarter of the Southeast Quarter a distance of 226.50 feet; thence North 0 degrees 53 minutes 03 seconds East a distance of 88.29 feet to the southerly line of South Coon Creek Drive and being the actual point of beginning of the land to be described; thence South 0 degrees 53 minutes 03 seconds West a distance of 20.00 feet; thence North 89 degrees 06 minutes 57 seconds West a distance of 20.00 feet; thence North 0 degrees 53 minutes 03 seconds East a distance of 20.20 feet to the southerly line of South Coon Creek Drive; thence easterly along said southerly line to the actual point of beginning. ,J " ._) f~(';.,', I _'. _" :; ~:~. " , (loo/'? Crea.k Dn~ 1347 134 AeEl>.d\ c;l,2~ S1 \+. o N, ~ 1_'2.0Q0_ S",y'I \ ' ,. 0 G.~.........", <> ~ 30 \ I 36 - \-lJ - - c' '\ \ , :.'0 ~ , I , - .\ I' I.....' $ ~ \ I , , I \ I ~ ~ \) , ! ~ 3c I 3c I ,- 1345 '344 '~J 1343 "-- '-.. ~~~~ G ':""". C) -- . .....-. ~j k!.C /"} U // ' .1 cool I __I -- A ",! i ~ '" . I /~ , , ....... ','-,' , ". J:i, / ~ ' I I :/ . "~',' II n y- ,. ,-/~.C/C '\ '_J Regular City Council Meeting Minutes - March 21. 1989 Page 3 ACCEPT DEED/WATERMAIN DISCUSSION ~ WOODLAND CREEK Byron Westlund and Lary Carlson representing Woodland Development were present. Attorney Hawkins explained the easement description of 60 feet and the maintenance obligation of the developer. as he has agreed to cut the grass and remove the debris for 100 feet. Mr. Westlund presented a sketch of a proposed sign at the entrance to the golf course and park. They propose locating it to the west of the easement on park property. though they have not talked to the Park Boaed about it yet. Attorney Hawkins stated the specific location should be identified and the description written and included in the deed before it is signed. Also the size and design will be sUbject to City review and approval. Councilman Jacobson questioned whether the City can legally give an easement over park property for private purposes. Attorney Haw~ins stated the law is not clear: however the use is not inconsistent with the use of the park. It is an access road: and the City is giving the right of passage through it. There is also some benefit to the City. Therefore. it is his opinion that the City Is ,justified in granting the easement for that purpose. Mr. Carlson stated the intent is the parking lot could be used by residents who want to use the park during the periods of time that the golf course is open. The road and parking lot would be closed with a gate at the property 1 ine during the winter months. They wi 1 1 be cleaning up the park area, though now it is an unattractive. narrow strip of land. Mayor El I ing stated there has been a proposal to extend the water service to the Woodland Creek Golf Course Clubhouse. This would complete the loop when water service eventually goes through Green Acres and Northwoods. One of the concerns of the Fire Department is getting a fire hydrant closer to the Clubhouse and that they would have enough water pressure. Mr. Westlund stated the cost of bringing in water for just the Clubhouse. which is only a six-month operation, is prohibitive. faciJ ities have only two restc~~ms and they have their own wel] watering the golf course. They feel they can use that we] 1 for water needs they may have. The for any Mr. Carlson bel ieved they were given conceptual approval to developing their own septic system and wel] for the Clubhouse. The estimatec cost to extend the water line is s16.000. It Is very costly. ane it will not be usee. They plan to have bottled water for consumption. so the onlv use for water in the clubhouse is for the eestrooms. They ) have a free-standing well nearby to which the Fire Department will ce able to hOOk up to. At this point it seems the only reason for the ex:ensicn is to secve the Clubhouse. and they de net need i~. ( .) Regular City Council Meeting Minutes - March 21. 1989 Page 4 (Accept Dee~"Watecmain Dlsscusion'- Woodland Cceek. Continued) Council noted If the utilities are not put In now. they could be put In later as the area develops or neighbochoods petition for it. Then the golf course would be assessed. Mr. Rodeberg stated if the uti lities weLe brought in latec. they could be put behind the curb so the road would not be torn up. Councilmember Knight asked if Mr. Carlson ever foresaw the Clubhouse developing into a restaurant. Mr. Carlson stated not really. and it is not their intent. Their permit is strictly for pop in cans and food that can be microwaved. He also stated he reserved the right to talk about any assessment that might be imposed in the future to be sure it is fair: however. at this time. $16.000 is Objectionable when the service is not needed. At this time the Council generally agreed with Mr. Carlson's position to not to extend the uti lities along the road: however, they asked cO have the deed include the provision ror streets and utilities to be able to install them in the future. MC7:0N by Orttel. Seconded by Jacobson. that the Council authoclze the Mayor and Clerk to sign a aeed granting an easement to Wooaland Development Corporation through the Creekridge Estates Park as described with the following additions: that the use be amended to include municipal uti lities and sign usage in addition to road usage: and the Mayor would not sign the document until such time as WOOdland Development provides a description of the property to be used for signage of their golf course. DISCUSSION: Councilmember Jacobson stated he wil I vote in favor with the understanding that the legal opinion is the easement is for public purposes. Attorney Hawkins thought there is some benefit under the circumstances. Motion carried unanimously. MOTION by Jacobson. Seconded by Knight. that the City Council table any further action on the supplying of water to the Woodland Creek Golf Course Clubhouse off South Coon Creek Drive until some future date. Motion carried unanimously. TEST WELL Mr. Davidson stated since the last discussion on the test wel I. thece has been discussion of dril ling a test wel I that would be usable. that would tie into the pUbl ic works garage and would be potable. not Just an irrigation wel I. Al I that has increased the cost sUbstantially over the s10.000 estimate given for a test wel I. So be:ore going out , \ for bids. he is bringing it back to the Council for direction. ,~ ,~ CITY OF ANDOVER REQUEST FOR COUNCIL ACfION June 5, 1990 AGENDA SECTION NO. Discussion Items DATE ORIGINATING DEPARTMENT Engineering ITEM Accept Work/Direct NQ ~ Final Payment/88-1 BY: :r"m.." H' <:,...hr"nr APPROY, D OR AGENfA I '\, "\~~ BY: / v The City Council is requested to approve the amended resolution to R048-90 accepting the work and directing final payment for Project 88-1, Crosstown Boulevard from Bunker Lake Boulevard to 140th Avenue. The final quantities have finally been agreed upon and all certificates signed. At the April 17, 1990 meeting the Council approved a resolution accepting the work as at that time the contractor's vice president had verbally agreed. The final has been determined and agreement is in writing this time. The check will not be issued until next meeting as we may have to issue separate checks to the sub-contractor's that have claims against the contractor. The surety for Gammon has authorized the final payment to him. Enclosures: Amended Resolution 48-90 Previous Item COUNCIL ACTION MOTION BY <J TO SECOND BY ~ ~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048-90 REVISED MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO GAMMON BROS. FOR PROJECT NO. 88-1 FOR THE IMPROVEMENT OF STREET CONSTRUCTION IN THE FOLLOWING AREA: CROSSTOWN BOULEVARD TO 140TH AVENUE NW WHEREAS, pursuant to a written contract signed with the City of Andover on July 19 , 19 88, Gammon Bros. of Rogers, MN has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the city Council of Andover, Minnesota. The work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the city directed to issue a proper order for the contract, taking the contractor's receipt Clerk and Mayor are hereby final payment on such in full. MOTION seconded by Councilman City Council at a and adopted by the day Meeting this of , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk -City Clerk ,_J 9128 1'1 Cert. No. lOR (Fi na 1 St. Paul, MN, May 23, Owner To City of Andover, Minnesota TIlis Certifies that Gammon Brothers For Crosstown Boulevard Realignment (88-1) Fifty-Four Thousand Is entitled to Seventy-Three and 10/100-------------------------($ 54,073.10 lOR being ( Fi na ldstimate for partial payment on contract with you dated July 19, Conun. No. eceived payment in full of above Certificate. j. 'L\J~uL----- lP CON'ffiAcrOR '1\~ If 19 <10 , - I I 1990 I . - I I I I I I I I , I , I I I I I I I I I , . Contractor ) 1988 , - Tot TZ, KING, OW ALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS AND ARCHITECTS 2500 American NaUonal Bank BIdg, auf, Inn a 651 1 RECAPITULATION OF ACCOUNT ContrnctlJrice I1lus extras All previous payments All orevious credits llitra No. Change Order No.1 Chanoe Order No. 2 (Include Ouantities in Camp) Change Order No.3 Change Order No.4 (LiqUidated CnxtitNo. damages) Change Order No. 5R (Camp.) AMOUNT OF TInS CERTIACATE Totals Cnxtit Balance 1bere will remain unpaid on contract after payment of this Certificate .~ I I I 1 1 I 1+ I I CONTRACT I PLUS EX:~ 1 448,74 .: 23 i I I 14.124 :3fr I l~:~~i :~~ I 1i:~~~:~~ I I I I I I 486.936J64 I I , I I 486,936164 + + I PAYMENTS I : 432 .863154 ; I , I 1 : : : : ; I : , I 1 I 54.073110 1 486.936:64 1 0,00 , I 486,936164 CREDITS CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ '-..-/ DATE arril '7. lQQO ITEM NO, BY: AGENDA SECTION NO. ORIGINATING DEPARTMENT Engineering The City Council is requested to approve the resolutions accepting the work and directing final payment for projects 87-6 and 88-1. Project 87-6 \)1' On June 21, 1988 the Council approved a ,resolution accepting the work and directing final payment. The final was contested by the contractor. John Rodeberg wrote a letter explaining the final. Therefore, the resolution should be approved again with the attached final payment and compensating Change Order. Project 88-1 This project final quantities have been agreed upon. The City has deducted $5,000 for liquidated damages from the final payment. The check will be held until the seeding and some minor clean up work is completed which is expected to be accomplished soon. We will be issuing joint checks with Gammon's name on them and also with the sub-contractor's names as some of the subs have not been paid. Enclosed: Resolution, 87-6 Resolution, 88-1 COUNCIL ACTION MOTION BY TO P) 1)] 02~J) t;~7~-'1 ' SECOND BY L-~/ L~J~ , 1<-0 ~-) .,,)., .iJ .w I ) Cen.No. 10 (F1nallSt.Paul,MN, Aprl1ll, Mfnnesota -- 119~ Owner Por Crosstown Boulevard Real,ignll1ent (88-1) Fifty-Three Thousand Five Hundred Twenty-Three and 10/100--~-----~--_t$ 53.523.10 , Contractor .19_ . ANOASSOCIATSS,INCORPORATEO ENGINEERS AND ARCHITEOTS I 2IiOO Amerlaln Nal/onal Bank Bldg. Mlnn 6til01 CONlRACI'OR. P.E. RECAPITULATION OF ACCOUNT C~~trnct mice olu/J extras ~ ~~~:~~; ~~~nts I CONTRACT I PlUS EXmbs' r -r" '4Mt; 741 :?1: ; .:: I I I + , MYMENTS : '. ~ r 4~.2', 863 :54 : I , CREbrrs Credit No, Change Order No. If tf II tI .. .. I - 5,000 J 00 I I 11;257 1m J , I I I , I r I , I' I I J / J I I,. I I : '4 RIi I 1R(i : fi4 : I 1 f J , 1 I, I 486.386 ,64 I I : i i i J I 53.523 r 10:- 486.386 ! 64 i I I 0, 00: ' j I 1 486.386 f 641 n It If It . ..' .. .. ! . ~ .1 .. AMOUNTOFTH1S CBR'Im'C".ATE ~:~~~ Balnnce 'Illece will remaia unpaid 011 ealllnct at\er payment orlhl~ Cc!tlOC<\(e (- '\ ',J, ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 AGENDA SECTION NQ Discussion Items DATE ORIGINATING DEPARTMENT Engineering ITEM NO, 8. Crosstown Watermain Extension BY: The City Council is requested to authorize the preparation of plans and specs and authorize the ad for bid to extend the water trunk to the north side of Andover Boulevard at Crosstown Boulevard. Anoka County is planning to construct a new bridge across Coon Creek on Crosstown Boulevard and improve the intersection of Andover Boulevard and Crosstown Boulevard. Andover needs to construct the trunk line across Andover Boulevard so we don't have to dig up the new roadway in the near future when the trunk is extended up Crosstown Boulevard. The project will be financed from Water Trunk, Source and Storage Fund - Andover's area and connection charges. COUNCIL ACTION MOTION BY \ ~ TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 5, 1990 ITEM Altitude Valve NO, 9 BY: James E. Schrantz APPRI~VED FOR AGENr f (~< By{ / AGENDA SECTION NO. Discussion ORIGINATING DEPARTMENT Engineering The City Council is requested to discuss the two level system (altitude valve). staff reviewed the two level system with TKDA's Thomas Kirk, and we believe that we should stay with the two level system as originally planned rather than use the altitude valve at Tower U. We believe we can better operate the system with the two level system and use the water in Tower #1. We are concerned that with the altitude valve we will develop stagnant water in Tower #1. John Davidson will be at the meeting to answer any questions. MOTION BY '\ .J TO COUNCIL ACTION SECOND BY ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 AGENDA SECTION NO. Discussion I~ems ,.,~..~..~~~ ~~~ C'..~~ Sign/169th & Quay area DATE ORIGINATING DEPARTMENT Engineering ITEM NO, 10. ,(S~ Todd J. Haas ~~~rf~rR BY:~ / BY: The City Council is requested to approve the installation of stop signs at the intersection of 169th Lane NW and Quay street NW in the prairie Meadows area as requested by area residents. In addition, the residents would like a speed study to be done on 169th Lane between Tulip street NW and Round Lake Boulevard. Apparently, 169th Lane is being used as a short cut to get to Round Lake Boulevard. 'Under the state statute the area is not defined as an "Urban District". It is recommended to request a speed study along 169th Lane NW. This may help eliminate vehicles using this as a short cut to Round Lake Boulevard and force vehicles to use 173rd Lane NW which is a collector (MSA) street. MOTION BY ,J TO COUNCIL ACTION SECOND BY , " , -) ,) SJ-<.:lf Si3....1 ..p€T.~icJ .__WE w~uL.C> L:KE A- -n+R.Gl<; wA.,j Q-op 5i3N'$ .. __Frr IloerrY L,J. N. J. AtJi> a.UAA~ :5+. Tj..I.e PUl2..pcs@: " pO': -n+;,.:; ;s +0 .:5Lo...,,) dou.J.J -rHE +/2....~j::".'C!.. OIU .. il.oq~ L/oJ. tJ.vJ. WI:. ,-tue . {>€-cJpl.€. IN +~e AlEiSHDORWcod .. . LUoULd.bE:. W;LLo'-.J3-+u ..pA,j -t14-~ Cu::'T DP.T"/.IG5'S .. -.--. _$+-op .S "3^'S ,...j 300."":.F~~ . TI-l leGe -S;gNS ( \ . .~ ~~;;~~i2:~:~~. n . .. ~f vJ~ It 17;}- <%> u ~ 5r , .. ,~~ /?O/)9~A.tJ/,w , l(~.. 3']L(t.! 1~7 Ln"'F Af.VJ, . 3;2J}o /c"f It ..14-1"'- be...-. 'i "3.2 3L. i b~ L~ 7l.l.v, . 3"~ f-'-.' 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II I I '1 al J," ,~.f-:=- o I 0 "'I i """ ~ ' i ~I I !:l ; I I : I I 112 ""':;f~ rr-;- - 'II I '" ''':'' ' ' :,.~ \ I _ ~ '. ~. % : !/ ~ ~~lr;; I ;'" " j \~.\JN"" ',.110- ~ '7~~!' > . I :'-- I I I I . ", 3 I i~~ I! I J I [~ ' ~ I ~ _1_ ~ ~ I. - . ;~~,;j' I ~ I I~I 0:: i ! I :1 CT1~ -'~ 1, . J '1 : (. . II '1"11 .' I LlU il '[--I- f-P'/N~ r=: ..,..,- 1-7- -:-- __ ._. '" -"=<-= --.:...... . I' I H/dLS,~- , If-' I I tl H'-K~I'J i I I . I ;.-frAOv:-W' I I " -r n' :\ .~ J I . I ' I ! If-/ II : : V I, I II I , , Z . ~. l__m _ =~----r' u_-- I If "\ ~j J . - - - 1.mt, -~,{~" I I' :,' :, i ~ ",' I I I ' I I 1 _ : I ' 'I I I I I 1,1 , J'\hTII,V I : -. P -d : ~ c:V LLI ~ ~ ~~jREO I - - b {'-'. ~ LAN..o_ _s.l!.8.'t.~,( ~"",' - --,,' I A7f1 .-,u---NO'69_rl :~,~ ~ {' -..J; -. i \~$ h ..fl?y J~ : ItY;;;,'AD},V,;, W if-: 1 ,I \t 'r' ~ I \~ I - y'F!2,:~C:S,'\',,\ I 'II' - - ~1- -'../i 'J . ~ . I. ~9.-; ,L I : -;-rtY\-&. l~,\'\ ~' ,.,1- I " ;. I ~ f J 4 I IT 7- 'c,So,,:"'8/ .---, /d)(f / ' I, I:: I : : ; : I Ii : , . ',..,....-;.j. 'f--;- ~_.... ~- u7~AiE4b9WS.\' ')/-.. ':' , , I")....'! I--: ' '1 '7 f/' """, . ,$ . I J . - I 4 , ~ -.,; 1 . . \5,/ . , '\ \, __i CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE June 5, 1990 ITEM Approve Burn Agreement/ NO. Fire Dept. II. BY: V. Volk APP~R,~D, "OR AGE D ; 1 BY: I J AGENDA SECTION NO, Staff, Committee, Comm. ORIGINATING DEPARTMENT , Admin. Ed Fields and Ed Herman have signed an agreement to allow the Fire Department to burn for training purposes an old garage and trailer house located at 15421 Round Lake Boulevard. A copy of the agreement is attached. Council is requested to approve the agreement. MOTION BY '~J TO COUNCIL ACTION SECOND BY ~ THIS AGREEMENT made this day of 19 by and between Edward Fields/Ed Herman hereinafter called the "Owners" and the city of Andover, Anoka, County, Minnesota, hereinafter referred to as the "City", WITNESSETH: WHEREAS, the following are the owners in fee of the following described parcel: 15421 Round Lake Boulevard N.W. WHEREAS, a hazardous building is located on the above described parcel, such building being described as follows: Garage and trailer house WHEREAS, it is desired by the owners that the above described hazardous building be razed by the City's Volunteer Fire Department. IT IS HEREBY AGREED: 1. That the City of Andover Volunteer Fire Department shall forthwith raze the hazardous building described above. 2. That the owners will assume all liability for any damages which might be occasioned by the razing or destroying or removal of said building or buildings, and consent that the building may be destroyed by burning as a training project for the City of Andover Volunteer Fire Department, with the understanding that the City of Andover Fire Department will exercise reasonable caution in so destroying said building by fire. 3. That the City of Andover, its Volunteer Fire Department, its agents and employees, and anyone acting in behalf of the city or the City Fire Department shall not be liable, in any way, for any damage to or destruction of trees, shrubs, grasses, plants, other :~ structures, any items located or contained upon the property on which the hazardous building is located or any of the contents in the razed building or in any other structure located on the property. 4. That the owners assert, by executing this agreement, that they are the sole fee owners of the property and building to be razed, and that there are no others who have any interest therein, or lien thereon, and that should either the City of Andover, its :~) Volunteer Fire Department, any agent or employee, or any person acting in behalf of the Fire Department, become liable or exposed to liability in any way, to anyone else who may have an interest in the premises, that the owners shall save the City and others identified above harmless therefrom. IN WITNESS WHEREOF, each of the parties hereto have caused this agreement to be executed as of the day and year first above written. IN THE PRESENT OF: SIGNED: Qt, !lr;~ ~ 1Jz< !J MR.~ MR). ~.t ~' Owners IN THE PRESENCE OF: SIGNED: CITY OF ANDOVER Mayor City Clerk / . ) / '\ "~ CITY OF ANDOVER REQUEST FOR COUNCIL ACfION June 5, 1990 AGENDA SECTION NO. Staff, Committee, ,"" ',,(dnn DATE ORIGINATING DEPARTMENT ITEM /~. NO. Engineering ::~~9J; / AAA Building Lease Discussion .(S~ BY: Todd J H""" The City Council is requested to discuss the lease agreement which was approved by the City Council at the request of the Andover Athletic Association for the building that was recently constructed. Apparently the AAA is concerned with the way the lease agreement is written. At this time of writing, staff has not received specific comments from AAA. A representative from the board will be in attendance to discuss this item with you. Back-up material includes the lease agreement. COUNCIL ACTION MOTION BY ''\ TO SECOND BY '~J ) LEASE THIS AGREEMENT made this day of , ,) 19___, by and between the City of Andover, a municipal corpora- tion, hereinafter referred to as the Landlord, and the Andover Athletic Association, a nonprofit corporation, hereinafter referred to as Tenant. WITNESSETH: 1. LEASED PROPERTY. Landlord does hereby lease to Tenant the real property described in Exhibit A attached hereto and made a part hereof. 2. RENTAL PERIOD. The term of this lease shall be for a period of ten (10) years commencing on the day of , 1990 and terminating on the day of , 2000 unless sooner terminated upon mutual consent of the parties. 3. RENTAL CHARGE. Tenant agrees to pay as rental for the leased premises the sum of One ($1. 00) Dollar per year, payable in advance on the first day of each year of the term of this lease at the business office of the Landlord, or at such other places as may from time to time be directed by Landlord. 4. UTILITIES. Tenant shall be responsible for the payment of all utilities" including heat, air conditioning, electrical, water, telephone, and gas furnished to the premises. 5 . USE. Tenant shall be granted the right to con- struct a building on the leased premises for the purpose of maintaining and storing athletic equipment for use by Tenant. -1- Tenant shall obtain approval of any building construction plans '\ "'_/ and specifications from the Landlord prior to construction of any structures thereon. 6. REPAIRS AND MAINTENANCE. Tenant agrees to keep the leased premises continually in a neat, clean and respectable condition. Tenant shall be responsible for all maintenance and repair work during the term of this lease, including any struc- tural portions of the leased premises, as well as plumbing, heating, air conditioning systems and the roof. 7. REAL ESTATE TAXES. Tenant shall be responsible for the payment of real estate taxes allocated to the leased premises, if any. 8 . TENANT'S COVENANTS. Tenant covenants and agrees that during the term of this lease and for such further term as Tenant, or any other person claiming under it, shall hold the leased premises or any part thereof: A. Not to cause the estate of Landlord in the leased premises at any time during the said term to become subject to any lien, charge or encumbrance whatsoever, it being agreed that except as may be hereinafter specifically provided, the Tenant shall have no authority, express or implied, to create a lien, charge or encumbrance upon the estate of Landlord in the leased premises; B. To keep the leased premises in good condition and repair. Upon termination of the lease, either by lapse of time or otherwise, to surrender, yield or deliver up the leased premises in as good a condi- tion as when received, reasonable wear and tear and damage by the elements or other causes beyond Tenant's control excepted. C. Not to make or suffer any use or occupancy of the leased premises contrary to the purpose of the c.) -2- ,) .J lease or any law or ordinance now in effect or hereafter enforced; D. To comply with all zoning and local ordinances regarding the use, of the leased premises. 9. ASSIGNMENT AND SUBLEASE. Tenant shall not without the consent of Landlord, assign this lease or its rights here- under or sublet the leased premises. 10. In the event Tenant continues to HOLDING OVER. occupy the leased premises after the last day of any term herein created and Landlord elects to accept rent therefrom, a tenancy for month-to-month only shall be created and not for any longer. period. 11. NOTICE. If at any time after the commencement of this lease it shall be necessary and convenient for one of the parties to serve any notice, demand or communication on the party, such notice, demand or communication shall be in writing, signed by the party serving same and deposited in registered or certified United States Mail, return receipt requested, postage prepaid, and shall be addressed to Landlord at 1685 Crosstown Boulevard, Andover, Minnesota 55304 and to Tenant at IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF ANDOVER By Mayor By Clerk -1- . '\ ,.-.J :~ STATE OF MINNESOTA) ) 55. COUNTY OF ANOKA ) On this day of , 19___, before me, a Notary Public within and for said County, personally appeared James E. Elling and Victoria Volk, to me known to be respec- tively the Mayor and Clerk of the City of Andover, a municipal corporation, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA) ) 55. COUNTY OF ANOKA ) On this day of , 19 , before me, a Notary Public within and for said County, personally appeared and , to me known to be the and of Andover Athletic Association, a nonprofit corporation organized and existing under the laws of the State of Minnesota, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation. Notary Public This instrument was drafted by: Burke and Hawkins 299 Coon Rapids Blvd., #101 Coon Rapids, MN 55433 -<;- ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 AGENDA SECTION NQ Staff, Committee, rnmm; ",c,; nn ITEM 13. NO. Receive Quotes/AAA B1da. Elec "~r DATE ORIGINATING DEPARTMENT Engineering -("S* APPrnPRVE .1 FOR AGE BY: I / BY: -'-'.1 u~~~ The City Council is requested to approve the installation of single phase overhead from the existing pole on the west side tree line to the new storage building. The service line from the transformer to the building is included in the price. Total installation cost is $483.00. See attached for prices and location. Options 1. Require Andover Athletic Association to participate in the cost. 2. Take $483 from the contingency fund. 3. Use Park Capital Budget or dedication funds. 4. Do nothing. NOTE: The Andover Athletic Association has indicated any other wiring would be done as part of the construction of the building. " MOTION BY TO COUNCIL ACTION SECOND BY ,~ ~c...,,". ;~ -:-, :"l~O QUESTIONABU: fE:}{j'1ANENCJ:: - LIOllT LeAD t:HARGESI (memborship & new service fees not 1nc1) ~---..... ~ ) OH Cin~le Phafle Standard Fee / d-IO Total footagtl X 1.7$ L't:. Additional Special Charges Total Charees Refundable Portion: 1.7,.tt up to 3oo'r~. un Sinl!le Phllse Standard Fee - CH .'Source un Source Footage to 000' X 3.00 rt Footage after 800' X 1.00 it Additional Special Charles Total Charges Refundable Portion: ).00 ft up to 300 ft. OH Three Phase Standard rea Total footage X 2.,0 ft Adc1tional Special Charees Tohl Chllr~e8 Refundable Portion: 2.50 ft up to 600 ft. . un Three Phase Standard Fee Total rootage X L.oo rt Additional Special ChAr~e~ '\ .,J Total Charges Refundable Portion: 4.00 ft. up ~o 600 ft. . 100.00 36J?c.:E. /-:;5 Z~ -#.~P3 ~ # .56R.0:2. 100.00 500.00 (~n.oo) (2211.00 ) #.~c?3 C}E -.... .'.---- --..--- Q~ ?O..... ;t.OC'f. - ". . \ , ~ t'(' 0~ r I :_) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 AGENDA SSl!CJfQN Commi t tee, NO. Commission DATE ORIGINATING DEPARTMENT Administration APPROVED FOR AGEND ITEM 1'/-. NQ Capital Budget, cont. BY: BY: The City Council is requested to review the proposed 5 Year Capital Budget. Please bring Item 9 from the May 15th agenda. One item that is still unresolved is the voting machines. I didn't include them in the proposed 5 Year Capital Budget. The City hasn't purchased them to date. The City has a Primary Election in September. The County hasn't purchased a sufficient number of optical scan voting machines to enable Andover to lease them because Andover is part of the Joint Powers Agreement to purchase the machines. Keep in mind that the judges will need to be trained on the new machines and there is a lead time on the machines. We will check with Unisys to see if they need to build the machines or if they have some on hand. COUNCIL ACTION MOTION BY " TO SECOND BY ---./ \J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 5, 1990 ITEM Approve Kennel License NO. Renewa1/P.prior /6". BY: V. Vo1k APPROVED FOR AGE"UeA BY:j / AGENDA SECTION NO. Staff, Committee, Comm. ORIGINATING DEPARTMENT Admin. The City Council is requested to approve the kennel license for 1990 for Penelope Prior, dba Penny Lane Cairns. Ms. Prior has paid the renewal fee and all of her dogs are currently licensed. We have received no complaints regarding this operation. Attached is a copy of the renewal application. V:Attach. COUNCIL ACTION MOTION BY :,) TO SECOND BY -,J ~ CITY of ANDOVER DOG KENNEL LICENSE APPLICATION Name ~ ~~ Address /76 ~/ ~ ~ AI w. Telephone Number 70'\:J - 8/ tb Number of Dogs .~ ~ Kennel Name ~ ~ e~ Attach a scaled dr ing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. ***************************************************************** For New Licenses, please Provide the Following Information. Property Size Method of Waste Disposal Will facility be used for training dogs? Number of employees ***************************************************************** Fee: New License $160.00 - Special Use Permit Fee Renewal $25.00 Fee Paid: 5-01<1-7'0 Date ~.i/7..3 / Receipt Number Council Action: Approved/ Denied ) ;~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 5. 1990 ITEM NO. Daytime Rescue 16. BY: V. Volk APPROVr;::D FOR AGE PA~... I ' , BY: V AGENDA SECTION NO. Staff. Committee, Comm. ORIGINATING DEPARTMENT Fire Department/Rescue The City Council is requested to authorize the Rescue Squad to begin operating 24 hours per day. At the present time the rescue squad only responds between the hours of 6:00 p.m. and 6:00 a.m. The number of calls during the day has increased and the personnel feel that it would be a benefit to the city to have them on call 24 hours a day. Because of the decreased number of fire calls this year, the rescue squad feels there would be sufficient funds to cover the cost of a 24 hour operation. More information regarding the cost will be presented at the meeting. Frank Stone has given permission for a maximum of two public works employees to respond to calls during the day, which should be a sufficient number. Dale Mashuga and Dave Reitan will be present to discuss this with Council. COUNCIL ACTION MOTION BY ,.) TO SECOND BY ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Staff, Committee, Comm. DATE June 5. 1990 ORIGINATING DEPARTMENT Admin. V. Volk ~,~. BY: FOR ITEM Lions Club Street Dance NO. 17. Discussion The Mayor will discuss this item with Council. MOTION BY --J TO COUNCIL ACTION SECOND BY .' ') '-~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 AGENDA SECTION NQ Staff, Committee, DATE ORIGINATING DEPARTMENT ITEM NQ 18. Park Dedication Re uirements 4 BY: Engineering BY: The City Council is requested to continue the discussion regarding the park dedication for metes and bounds lot splits. The Mayor was going to discuss this with Bill Hawkins and others and may have more information at the meeting. MOTION BY ~ TO COUNCIL ACTION SECOND BY :) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 DATE ORIGINATING DEPARTMENT Planning ~~ BY: Jay BlakeQ'City Planner ITEM NO. Rural Dev. Policy /9. AGENDA SECTION NO. Staff, Committee, REQUEST The Andover Comprehensive Plan Task Force has requested that the City Council discuss the Metropolitan Council's Metropolitan Development and Investment Framework (MDIF) as it relates to the development of the rural service area in Andover. BACKGROUND The Andover Comprehensive Plan Task Force discussed development alternatives at their May 31, 1990 meeting. The Committee has outlined six (6) alternative development policies for the City Council to review. Four issues were identified as variables within the policy: 1) Rural Lot Density or Size - Will the City continue to use 2.5 acre parcels or will the 10 acre parcel be used for development in the rural service area? 2) Interpretation of the 1 per 10 and 4 per 40 Policy - Will the Met. Council allow the City to use an average Rural density of 1 unit per ten acres over the entire rural area (factoring in undevelopable property, etc.) or should the City use the actual density for future rural development? 3) Future Urban Expansion Area - Will the City of Andover establish a future urban service area (transition zone between urban and rural) based on the ultimate gravity sewer line? What will be the development policy if such an area were created? 4) Met. Council Control of MUSA Expansion - Will the Met. Council grant extensions of the MUSA area based on the City's rural development policy? COUNCIL ACTION MOTION BY '\ 'J TO SECOND BY ,) Page 2 Rural Development Policies June 5, 1990 The following chart depicts development alternatives: OPTION it RURAL LOT INTERPRETATION SIZE FUTURE URBAN AREA LOT SIZE MUSA EXPANSION ALLOWED 1. 1/10 Average Density 40 a. probable 2. 1/10 Average Density 10 a. probable 3. 10 a. Actual Density 40 a. probable 4. 10 a. Actual Density 10 a. probable 5. 2.5 a. N/A 40 a. Not Likely 6. 2.5 a. N/A 10 a. Not Likely The Task Force has suggested that there may be other alternatives, however they felt that these options represent the most logical possibilities and recommend that discussion start with the aforementioned alternatives. ALTERNATIVES 1 AND 2 Both options require Met. Council to change the current interpretation of the 1 unit per 10 acres from a 40 acre microcosm to an average density of 1 unit per 10 acres in the entire rural service area within a community. At the meeting on Wednesday night most representatives present felt that this would be a reasonable request to make of the Council. I had an opportunity to speak with staff from Met. Council and they explained that this had been the interpretation of the Council until the current MDIF was approved in 1986. Staff also suggested that this would be an easier route to allow for flexibility in the rural service area - although there is never a guarantee with the Met. Council. Calculations done by City Staff indicate that the City of Andover is currently beyond the 1 unit per 10 acre density in the Rural Service Area. (See the calculations at the end of the memo.) ) The Future Urban Service Area (FUSA), delineated by the ultimate sewered area, should be protected from the consequences of poor platting by requiring larger lots in this zone. These parcels may be subdivided further when sewer services are available. The Task Force has suggested either 10 acre or 40 acre parcels. ~J page 3 Rural Development policies June 5, 1990 ALTERNATIVES 3 AND 4 Alternatives 3 and 4 use a 1/10 density on new plats in the rural service area. Again the FUSA would be determined by the ultimate sewer area and be regulated in order to protect the City from the consequences of poor platting. The Task Force felt that the City should continue to protect the rural character of the City by allowing less development to occur in the rural area. The acceptance of the 1/10 and 4/40 density would almost guarantee future expansion of the MUSA to the limits established by the City for its future urban service area. The City would run the risk of having an onslaught of 2.5 acre developments, if a new rural development policy were established by the City - refer to the development patterns within the City of Ramsey over the past 12 months. Obviously, the City would not benefit from pre-mature or over-platting of the rural area. The City would need to take steps to ensure that a similar situation would not occur in Andover. ALTERNATIVES 5 AND 6 These alternatives would direct the City to continue to plat the rural service area using 2.5 acre lots, regardless of the overall or actual density (a policy that the City currently utilizes). The task force is again recommending that the City establish a FUSA line to guide the expansion of the urban service area. The choice of either of these alternative would mean that the City would remain out of compliance with Met. Council Policies. The City would be faced with the same consequences: probable FHA red- lining in the rural area, frozen MUSA line and probable limits on grant funding for parks, etc. The task force is not recommending either of these alternatives. COMPREHENSIVE PLAN TASK FORCE RECOMMENDATIONS The task force has recommended that the City of Andover establish a rural development policy that allows densities of 1 unit per ten acres in the rural service area based on an actual density interpretation and that the City establish a Future Urban Service Area in order to protect the areas under consideration for expansion of the MUSA area. The Committee made this recommendation based on the following points: ~ 1. The City has an established goal to protect the rural character of the community, and the 10 acre lot would enhance the rural quality of life. ~J Page 4 Rural Development policies June 5, 1990 2. The City's rural area currently has an average density that exceeds 1 unit per ten acres and if this interpretation were used, no additional lots would be allowed. The Metropolitan Council would be more expansion of the MUSA area if the City with their rural development policies. area to expand, yet protects the rural parts of the community. 4. The Comprehensive Plan Task Force is at a crossroads. No additional work should be completed until the City establishes a formal rural development policy. 3. likely to allow the comes into compliance This allows the urban character of large The Task Force also recommended that the Council formally establish a City Rural Development Policy and present any policy discussion points to the Met. Council, if necessary. <) .' ) '- Page 5 Rural Development policies June 5, 1990 ANDOVER RURAL DEVELOPMENT DENSITY ANALYSIS June 5, 1990 Total Acreage: 23,147 Acres 2,745 3,440 6,185 Acres 16,962 Acres 4,400 Households 2,100 290 * 2,390 Households * 2,010 Households Current Urban Area Acreage Future urban Service Area Acreage TOTAL Rural Service Area Acreage Estimated . of Households 1/1/90 . 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I IUlll ,.n !~r~ .--{W.... 0 , -:"~:: t' i Am;'l!}l" im,UdY/, , -::: " I ''']'IYi.-~,..., I -.-::. ~~~ i ' ~,~" I =..__ , ~ -"-" -...-- ~ -.._-. ,. :). -..-.. c, '.. . ~ .Jb..! -'I~-j i ~i L---- , m~r '-I<:t me: ~.I ..... " Ill!!' I UII,l I HHH '.. - -- .. ~ c:r . :}J <t. ~ 0 Qi ~ ~, ~ ~ - .~ ~ ~ ~ ~ .,..., ~ ! ~ - t= CC ~ & ~mo ct ~ E o ~ :J v :~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 ITEM NO. Approve Hokanson Resolution DATE ORIGINATING DEPARTMENT Planning It-U BY: Jay Blake~i ty c::< O. Planner APPROVED FOR AGEc~ BY: I \1 AGENDA SECTION NQ Non-Discussion Items REQUEST The Andover City Council is asked to review and approve the resolution denying the Special Use Permit for Hokanson Development for a Planned Unit Development in Section 1 of the City. The changes from the May 15, 1990 meeting have been incorporated into the enclosed resolution. MOTION BY .J TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST FOR HOKANSON DEVELOPMENT INC. TO ALLOW THE DEVELOPMENT OF A PLANNED UNIT DEVELOPMENT USING DENSITY ZONING PROVISION OF ORDINANCE 8, SECTION 4.20 ON THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, Hokanson Development has applied for a Special Use Permit to allow the development of a Planned Unit Development using the density zoning provision of Ordinance 8, Section 4.20; and WHEREAS, the Planning and Zoning Commission reviewed the request and held a public hearing at their April 24, 1990 meeting; and WHEREAS, the proposal calls for a overall density of one lot per 2.35 lots, which is greater than currently allowed in the R-1 Single Family Zoning district; and WHEREAS, the request does not provide for the protection of the natural features, including wetlands, through the creation of permanent open space or common property and therefore does not justify the significant variances from Ordinance 8; and WHEREAS, a public hearing was held and respondents opposed lots smaller than 2.5 acres in size, as surrounding lot sizes are five acres and larger; and WHEREAS, the City Council agrees with the findings of the Planning and Zoning Commission; and WHEREAS, the City Council has interpreted Ordinance 8, Section 4.20 to mean that no PUDs are allowed in Rural areas. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the Special Use Permit request of Hokanson Development Inc. to allow development of a Planned Unit Development on the following described property: The Southeast 1/4 of the Southeast 1/4 of Section 1, Township 32, Range 24, Anoka County, Minnesota. Adopted by the City Council of the City of Andover this 5th day of June, 1990. CITY OF ANDOVER \ ) ATTEST: James E. Elling - Mayor Victoria Volk - Citv Clerk () CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 ITEM NO. Approve Fields Lot Spli t Resolution DATE ORIGINATING DEPARTMENT Planning Lc.V BY: Jay Blak~Ci ty Planner AGENDA SECTION NO. Non-Discussion Items :U. ::~~l~R , REQUEST The Andover City Council is asked to review and approve the resolution approving the Lot Split Request for Ed Fields and Sons Inc. The changes from the May 15, 1990 meeting have been incorporated into the enclosed resolution. MOTION BY ') TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -90 A RESOLUTION APPROVING 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 AND APPROVING A LOT WIDTH VARIANCE FOR FRONTAGE ON A PUBLIC RIGHT-OF-WAY. 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 reviewed the request at their December 12, 1989 and April 10, 1990 meetings and recommended denial of the request; and WHEREAS, the Andover City Council finds that the lot split description has been altered so that it meets the minimum requirements for minimum lot size of 2.5 acres in an R-1 district; and WHEREAS, a 283 foot variance is required for lot frontage on a publically improved, dedicated and maintained street; and WHEREAS, the Council finds that a hardship exists on the property due to the assessments paid by the owner for the construction of a new street. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover, approves the request of Edward Fields and Sons, Inc. for a 2.5 acre lot split on the property described on the attached sheet, with the following conditions: 1. The southern most landlocked parcel be combined with the property owned by the Ed Fields and Sons Inc. and remain in Agricultural Preserve. (PIN # ) 2. The street right-of-way be dedicated to the City of Andover for future road purposes. 3. Park dedication fees shall be paid based on the recommendation of the Park Commission and approved by the City Council. -) 4. The property owner agrees to pay of the extension of Uplander Street when additional property to the south is developed. Page 2 Fields Lot Spli t Res. \~ NOW THEREFORE, BE IT FURTHER RESOLVED THAT, the City Council grants a 283 foot variance for lot frontage on a publically improved, dedicated and maintained street based on the fact that the road was constructed within the past 12 months and that the property owner was assessed for said benefit and is now demanding benefit therefor. Adopted by the City Council of the City of Andover on this 5th day of June, 1990. CITY OF ANDOVER James E. Elling, Mayor ATTEST Victoria volk, City Clerk \ ,~ () CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 ITEM ,zz. Amend Motion NQ Computer Terminal Purch DATE ORIGINATING DEPARTMENT Finance Howard Koolick ~ Finance Director BY: APPROV~D FOR AGEN~A " BY: AGENDA SECTION NO. Non-Discussion Items REQUEST The Andover City Council is requested to amend a motion made at the previous City Council meeting regarding the purchasing of two additional computer terminals to reflect the corrected prices and proper low bidder. BACKGROUND At the last City Council meeting, the Council authorized purchasing two color terminals from IBM for $1,120 plus cabling. The following morning, I discovered an error on my part which caused the prices shown to be incorrect. When the proper prices are reviewed, IBM is no longer the low bidder and the cost has increased slightly. I have included the memo which was delivered to each of you the May 16th and gives the information in greater detail. COUNCIL ACTION MOTION BY ') TO SECOND BY .:) ';"';::~:7"" \t}\) '--=-~/ MEMORANDUM CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Honorable Mayor and city Council TO: COPIES TO: FROM: DATE: REFERENCE: James E. Schrantz, City Administrator Howard Koolick. Finance Director May 16, 1990 Approval of Two Terminals At last night's city Council meeting, Council approved purchasing two color terminals from IBM at a cost of approximately $1,120. Due to an error on my part, the prices shown were incorrect. The price approved was for the monochrome version of the color terminal. The correct price should have been $1,431. Since there is a four to six week lead time on ordering these terminals and the aforementioned mistake results in a significant change in cost, I am asking City Council to reconsider this item at the special meeting on Thursday, May 17th. Reconsideration at this meeting will allow the City to receive the terminals prior to, or shortly.after installing the payroll package in mid-June. The following is a summary of the correct costs for the terminals. It should be noted that the City currently has one IBM 3476 and one IBM 3477 color terminal. The major difference between the two monochrome stations is the 3477 has a printer port and a slightly larger screen. COSTS OF TERMINALS IBM 3476 IBM 3477 IBM 3477 Monochrome Monochrome Color IBM $877 $1,120 $1,431 / Computerland $796' $1,067 $1,335 Business Records Corp. $935 $1,204 $1,490 '-) \ ~) '\ '~ with the correct prices, computerland is the lowest cost vendor for all three terminals. The cost of two color terminals from Computerland would be $2,670 plus cabling and connectors. The transfer to the General Fund after this purchase would then be approximately $10,850. If Council desires to keep the transfer over $11,000, may I recommend. purchasing one 3477 color and one 3477 monochrome terminal. This would allow the shifting around of terminals, so that the two full-time accounting clerks received color terminals, while the part-time person had a monochrome monitor. If you have any questions about this request. please feel free to call me at home this evening (phone number 557-0481) or at City Hall tomorrow. Thank you for your help in this matter. () CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT ITEM NO. ~a. BY: BY: Approve Joint Powers Agreement/ Universit Engineering The city Council is requested to approve the attached Joint Powers Agreement with Ham Lake for the improvements on the remaining uncompleted sections of university Avenue which is from about 152nd Avenue to Constance Boulevard. The Andover City Council has authorized staff to start the right- of-way acquisition for both sections. Ham Lake will propose plans on the section north of 157th and Andover will propose plans for the section south of 157th. The previous Joint Powers Agreement where we constructed the south and north end of University and the cities shared the cost of the right-of-way acquisition equally. The south part of University Avenue was off the section line and the right-of-way was acquired in Ham Lake to save the trees all along the section constructed. Because of the different assessment policies of the two cities Andover usually gets the right-of-way dedicated and Ham Lake has to acquire the right-of-way. It may be best that each city acquire the right-of-way on their respective city unless the road will be off the section line again. We should discuss this issue. Ham Lake did pay half of the right-of-way costs on the south part for the convenience of Andover. The agreements are the same except for the project description south part and north part which describes the proposed work. COUNCIL ACTION MOTION BY :J TO SECOND BY HAM LAKE/ANDOVER JOINT POWERS AGREEMENT II :.) AGREEMENT, made this day of , 19_, between the Cities of Andover (Andover) and Ham Lake (Ham Lake), both situate in Anoka County, Minnesota: RECITALS Andover and Ham Lake share a common border along the easterly corporate limits of the City of Andover, and along the we~terly corporate limits of the City of Ham Lake. This common border extends for approximately six miles. Portions of this common border contain a borderline road known as the University Avenue Extension. It is the desire of both communities to jointly cause the improvement of the University Avenue Extension for ultimate insertion as a Minnesota State Aid road serving both communities along or near their common border. This Agreement is made in furtherance of the implementation of certain portions of that overall project, as hereinafter described, pursuant to the provisions of Minnesota Statutes Chapter 471.59, commonly known as the Joint Powers Act. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Definitions. The overall project contemplated Co/ this Agreement shall be divided into two portions, to be defined as follows: "\ -.j A. Southern Portion. An improved roadway to MSA Standards, having as its southerly terminus the intersection of the centerline of University Avenue and the south line of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter (NW-l/4 of NW-l/4 of SW-l/4) of Section 19, Township 32, Range 23, Anoka County, Minnesota, and having as its northerly terminus the intersection of the common boundary between Andover and Ham Lake with the centerline of the present paved and travelled 0- XY ~) portion of a road named in the City of Ham Lake as "157th Avenue" (15 7th) . B. Northern Portion. An improved roadway to MSA Standards, having as its southerly terminus the northerly terminus of the southern portion, and having as its northerly terminus the intersection of the centerline of Constance Boulevard with the common borderline between Andover and Ham Lake. 2. Construction. Construction of the Northern Portion and the Southern Portion shall be done in the following manner: , .-J ;'\.:\ ~',) A. Southern Portion. Andover shall be responsible to implement any required feasibility studies, engineering and design work, bid procedures, selection of contractor, .and supervision and implementation of construction. When construction has been completed, Ham Lake shall reimburse Andover for one-half the costs thereof. Construction costs shall include all cost s incurred by Andover in association with completion of the Southern Portion, including but not limited to engineering fees, legal fees, right-of-way acquisition costs, publication costs, and contractors' fees. Construction shall be deemed complete when the City Councils of both Andover and Ham Lake have accepted, by resolution, the construction of the Southern Portion upon recommendation of the City Engineer of each respective community. B. Northern Portion. Ham Lake shall be responsible to implement any required feasibility studies, engineering and design work, bid procedures, selection of contractor, and supervision and implementation of construction. When construction has been completed, Andover shall reimburse Ham Lake for one-half the costs thereof. Construction costs shall include all costs incurred by Ham Lake in association with completion of the Northern Portion, including but not limited to engineering fees, legal fees, right-of-way acquisition costs, publication costs, and contractors' fees. Construction shall be deemed complete when the City Councils of both Ham Lake and Andover have accepted, by resolution, the construction of the Northern Portion upon recommendation of the City Engineer of each respective community. C. Roadway Location. The design engineers employed respectively by Andover and Ham Lake shall be responsible for the establishment of the roadway 2 .,-) location for their respective design responsibility, taking care to locate the roadway in a manner that is economically feasible and aesthetically acceptable. Roadway location shall be established as soon as practical for review by the governing bodies of both Andover and Ham Lake prior to advertisement for bids. 3. Special Assessment Procedures in Ham Lake. It is acknowledged between the parties that Ham Lake intends to utilize Minnesota Statutes Chapter 429 to specially assess benefitted properties on the Ham Lake side of both the Northern Portion and th e Southern Portion. To this end, Andover will cooperate in all respects in complying with the terms of Minnesota Statutes Chapter 429 in preparation of plans, feasibility studies, and any other required actions. Ham Lake shall be responsible to conduct such public hearings and to implement such other procedures as may be necessary to comply with the terms of Minnesota Statutes Chapter 429 in both the Southern Portion and the Northern Portion. 4. Bondinq. To the extent that either Andover or Ham Lake utilizes any general obligation bonding to wholly or partially fund any portion of the costs of either the Northern Portion or Southern Portion, both Andover and Ham Lake will endeavor to cooperate with each other in any statutorily required procedures necessary to implement such bonding. 5. MSA Fundinq. Both Andover and Ham Lake will cooperate ; in all respects in maintaining the eligibility of both the Northern Portion and Southern Portion to receive MSA funding from the Minnesota Department of Transportation. Furthermore, design "J standards for 1:oth the Northern Portion and Southern Portion shall be as required by the Minnesota State Aid ~ction of th e 3 o \:',} '~-) Minnesota Department of Transportation. 6. Riqht-of-Way-Acquisition. Both Andover and Ham Lake shall jointly employ their respective legal counsel, Burke & Hawkins for Andover, and Dorn & Edwards, Ltd. for Ham Lake, to acquire such right-of-way as may be necessary to implement the overall project. Both Andover and Ham Lake shall authorize their respective legal counsel to make whatever interoffice arrangements they deem appropriate in order to implement right-of-way acquisition, and the legal fees incurred in right-of-way acquisition shall be billed to Andover for right-of-way acquisition in the Southern Portion and to Ham Lake for right-of- way acquisition in the Northern Portion. These legal fees shall be considered a portion of the overall costs for eventual reimbursement by the corresponding party. By execution of this Agreement, Andover and Ham Lake do jointly employ the law firms of Burke & Hawkins and Dorn & Edwards, Ltd. for the purpose of acquiring, in the name of both Andover and Ham Lake, any right of way required for either the Northern Portion or the Southern Portion. In the absence of agreement between said law firms, Andover shall employ its counsel to acquire any right of way needed for either the Northern Portion or the Southern Portion and located within the corporate limits of Andover; Ham Lake shall employ its legal counsel to acquire any right of way needed for either the Northern Portion or the Southern Portion and located within the corporate limits of Ham Lake. In such event, the costs so incurred shall remain joint project costs ~) reimbursable as provided in Paragraph 2 above. 4 fS\ \;;J} 7. Maintenance. ~ A. Contractor's Bond and Guaranty. Andover shall be responsible to enforce any contractor's bond or guaranty on the Southern Portion. Ham Lake shall be responsible to enforce any contractor's bond or guaranty on the Northern Portion. The costs of any such enforcement shall be borne by Andover for the Southern Portion and Ham Lake for the Northern Portion, but if any such costs are incurred, one- half of such costs shall be reimbursed to the City incurring the costs. B. On-Going Structural Maintenance. Both the Northern Portion and the Southern Portion shall be maintained in such a manner as to comply with on- going maintenance requirements for MSA roads as established by the Minnesota Department of Transportation. Both Andover and Ham Lake shall share equally in the costs of future maintenance, subject to the condition that the governing bodies of each agree as to the need for specific items of future maintenance. C. Snowplowinq. Andover shall be responsible, at its own expense, for snow removal on the Southern Portion. Ham Lake shall be responsible, at its own expense, for snow removal on the Northern Portion. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written, pursuant to the provisions of Minnesota Statutes Chapter 471.59, commonly known as the Joint Powers Act. CITY OF ANDOVER CITY OF HAM LAKE By By Its Mayor Its Mayor By By Its Clerk/Treasurer Its Clerk \ ~ o \;,Y 5 o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION June 5, 1990 AGENDA SECTION NO. Non-Discussion Items DATE ORIGINATING DEPARTMENT Finance Howard Koolick \\t.... Finance Director ITEM Approve Resolution/ NO. cJ.f. PIR Fund BY: APPROVED FOR AGEND",. ~M BY: .tp REQUEST The Andover City Council is requested to approve the attached resolution establishing the Permanent Improvement Revolving Fund. BACKGROUND At the March 6, 1990 meeting, the City Council approved the concept of the permanent improvement revolving fund. Council asked that the resolution be redrafted to include needing a 4/5ths majority to expend money. Council also determined that $50,000 should be put into Fund B with the remainder to be put in Fund A. These changes have been made and are incorporated into the attached resolution. MOTION BY \ '-J TO COUNCIL ACTION SECOND BY .~ RESOLUTION RELATING TO THE PUBLIC IMPROVEMENT REVOLVING FUND OF THE CITY: ESTABLISHING THE FUND: DESIGNATING THE USES THEREOF: AND PROVIDING FOR ITS MAINTENANCE BE IT RESOLVED By the City Council of the City of Andover (City) as follows: Section 1. Backqround: Findinqs. 1.01 The City has issued and sold various series of general obligation bonds to finance the cost of various public improvements and other items of a capital nature, which bonds are now outstanding. 1.02 The City has called for redemption and prepayment on February 1 (Redemption Date) the following series of bonds (collectively the Redeemed Bonds): a) General Obligation Improvement Bonds of 1976, Series 1976Ai b) General Obligation Improvement Bonds of 1976, Series 1976Bi c) General Obligation Improvement Bonds of 1977 i and d) General Obligation Improvement Bonds of 1980. 1.03 On the Redemption Date there will be available in the debt service funds for the Redeemed Bonds monies not needed for payment of the Redeemed Bonds, which funds are surplus funds within the meaning of Minnesota Statutes, Section 475.61, Subdivision 4, and may be used for any authorized municipal purpose. 1.04 There exist now and there is anticipated to exist in the future balances in the debt service funds for various bonds of the City which are or are anticipated to be in excess of the amounts needed to pay the principal of and interest on those bonds and which amounts are or will constitute surplus funds. 1.05 The City/is authorized by Minnesota Statutes, Chapter 412 and 475 and Section 429.091, Subdivision 7A (collectively, the Act) to establish a revolving fund to finance the costs of any assessable public improvement or any utility described in Minnesota Statutes, Section 444.075 and 115.46, and to establish such other funds as it deems desirable. ~) -1- 1.06 The City Council finds and determines that it is ,. -'\ necessary and expedient to the sound financial management of the '-_/ City to establish a Permanent Improvement Revolving Fund as authorized by the Act to efficiently and economically finance various capital improvements in the City and to utilize for authorized municipal purposes the surpluses described above. Section 2. PIR Fund Established: Sources: Uses. 2.01 There is established as a fund of the City the Permanent Improvement Revolving Fund (PIR Fund). 2.02 The following monies are to be paid into the PIR Fund: a) balances in the respective debt service funds for the Redeemed Bonds remaining after the Redeemed Bonds have been redeemed and paid; b) balances remaining in any construction fund or debt service fund established for an assessable public improvement under Section 429.091, Subd. 4 of the Act when (i) all bonds or other obligations payable from that construction or debt service fund have been redeemed, paid or defeased and (ii) anticipated collections of special assessments and other revenues pledged to a debt service fund for an assessable public improvement are estimated by the City Treasurer to be adequate to produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on bonds issued to finance the improvements for which the fund was established; c) balances remaining in a debt service fund for any other general obligation bonds of the City when those bonds have been redeemed, paid or defeased; d) proceeds of any bonds or other obligations issued by the City pursuant to Section 429.091, Subd. 7 of the Act; and the and e) any other monies appropriated to City Council f~om time to time. / Monies in the PIR Fund are to of this resolution, for the the PIR Fund by the 2.03 provisions no other: be used, subject to following purposes :J a) the temporary or permanent financing of the cost of assessable public improvements under Chapter 429 of the Act; -~- ) b) the temporary or permanent financing of the costs of water, sewer or storm sewer utilities described in Section 444.075 and 115.46 of the Act; c) loans to other City funds for any purpose other than operating expense; and d) other lawful municipal purposes as authorized in this resolution. Section 3. PIR Fund: Accounts. 3.01 There are to be maintained in the PIR Fund the following accounts: a) The Publ ic Improvement Account. Monies in this account are to be used to finance the costs of assessable public improvements and water, sewer and storm sewer utilities described in Section 444.075 and 115.46 of the Act. Into this account are to be paid (i) all special assessments, interest thereon, and prepayments thereof, levied for such improve- ments, (ii) revenues of the utility so financed and (iii) the proceeds of bonds or other obligations issued to finance the public improvements described herein and payable from debt service accounts in the PIR Fund. The City Treasurer must establish sub- accounts within the account for each public improve- ment so financed. Any expenditures or transfers from this account which are not to be fully recovered by special assessments shall require a four-fifths vote of the City Council. The initial balance in this account is $ 417,758.93 plus 1990 interest and special assessment collections. b) The Capital Improvement Account. Monies in this account may be loaned or transferred to other City funds for any corporate purpose other than operating expense. No money may be loaned or transferred from this account except upon four-fifth vote approving same by the City Council. The initial balance in this account is $50,000.00. c) The Surplus Account. Monies in this used for any, authorized corporate initial balance in this account is $ account may be purpose. The -0- Section 4. Procedures: Appropriations. 4.01 Loans, expenditures and transfers from the PIR Fund must be authorized by Council resolution. : ) -"-- --/ -3- .J ~J 4.02 The debt service balances of the Redeemed Bonds remaining after the payment are appropriated to the accounts in the PIR Fund in the respective amounts indicated in Section 3. Other deposits of monies to the PIR Fund must be authorized by Council resolution. 4.03 The Finance Director shall prepare and submit to the Council a proposed budget for the PIR Fund, together with the recommendations of the City Administrator for the use of the PIR Fund in the next ensuing year. 4.04 Nothing in this Resolution is to be construed as limiting the discretion of the City Council in financing assessable public improvements or other public improvements pursuant to any provision of law or this Resolution. Mayor ATTEST: Clerk / -4- ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 DATE ORIGINATING DEPARTMENT AGENDA SECTION NO. Engineering ~~ ITEM NO. 25. Release Escrow/ 13380 Hidden Cr. Dr BY: BY: The City Council is requested to table this item. The project was a reqeust made by the property owner to extend the storm sewer 16 feet to allow for grading in the rear yard at 13380 Hidden Creek Drive. The pipe is complete but the staff is still waiting for the drainage swale between two properties to be constructed. COUNCIL ACTION SECOND BY MOTION BY '\ '.~ TO o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 Approve Resolution/ Loaning PIR Funds DATE ORIGINATING DEPARTMENT Finance Howard Koolick ~G BY: Finance Director ITEM NO. :l&, AGE AGENDA SECTION NQ Non-Discussion Items BY: REQUEST The Andover City Council is requested to approve the attached resolution loaning funds from the PIR Fund. BACKGROUND At the March 20, 1990 meeting, the City Council authorized "... the expenditure of $2,000 for updating bond issue materials for fire protection and explaining the impact of the proposal on the citizens of Andover, and that the money be loaned to the Safety Committee and Fire Department from the PIR Fund." Section 4.01 of the resolution establishing the PIR Fund, requires all loans from the PIR Fund to be authorized by Council . resolution. The above action was accomplished through a motion and not a resolution. We have received the invoice from Bonestroo, Rosene, Anderlik and Associates totaling $1,754.61 for the work performed. The attached resolution needs to be approved prior to making payment. If the resolution is approved this evening, the invoice will be presented to Council for approval at the next City Council meeting. COUNCIL ACTION '\ '-J MOTION BY TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~) RES. NO. R -90 A RESOLUTION AUTHORIZING A LOAN OF $1,754.61 FROM THE PIR FUND AND PROVIDING FOR THE REPAYMENT THEREOF. WHEREAS, the City Council of the City of Andover has scheduled a bond election to determine if the residents of the City of Andover desire increased fire protection financed through additional ad valorem taxes; and WHEREAS, the City Council of the City of Andover deems it necessary to expend funds to update bond issue materials and explain the impact of the proposal on the citizens of the City of Andover; and WHEREAS, it is City Council's intent that these monies be taken from the bond proceeds should the citizens of the City of Andover vote in favor of proposed bond issue; and WHEREAS, it is also City Council's intent that these monies be taken from a future bond issue for fire protection, should the citizens of the City of Andover vote against the proposed bond issue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that Capital Improvement Account of the Permanent Improvement Revolving Fund (PIR Fund) hereby loans to the Fire Station Construction Fund (1990 General Obligation Bond Construction Fund) the sum of $1,754.61, and this amount is to be repaid to the Permanent Improvement Revolving Fund should the bond election be successful. BE IT FURTHER RESOLVED by the City Council of the City of Andover that should the bond election not be successful, an interfund payable, in the sum of $1,754.61, is hereby established between the PIR Fund and the newly created Fire Station Construction Fund. This interfund payable will be reimbursed by any future successful fire protection bond issue. Adopted by the City Council of the City of Andover on this 5th day of June , 1990. CITY OF ANDOVER James E. Elling, Mayor ATTEST: ~ Victoria Volk, City Clerk ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 DATE AGENDA SECTION NQ Non-Discussion Items ORIGINATING DEPARTMENT Engineering -<'S\(C ~~~~esiD OOR BV, }l~ / ITEM NO. 27. Approve Plans & Spe ~~Y: 90-.2./164th & 'T u~~- The City Council is requested to approve the resolution approving final plans and specifications and ordering advertisement for bids for Project 90-2, 164th Avenue/163rd Lane/Jonquil street area. Plans and specs are available in the Engineering Department. " '-/ 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 APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-2, STREET CONSTRUCTION. WHEREAS, pursuant to Resolution No. 034-90 , adopted by the City Council on the 20th day of March , 1990, BRA has prepared final plans and specifications for Project 90-2 for Street construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 5th day of June , 1990. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 A.M. Wednesday, June 27 , 1990 at the Andover City Hall. MOTION seconded by Councilman by the City Council at a Meeting this and adopted day of , 19 , with Councilmen voting in favor of the resolution and Councilmen voting against same 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 June 5, 1990 ITEM ;2!j. Approve Assess. NO. Abate. Wood. Terr. 4th DATE ORIGINATING DEPARTMENT Finance Howard Koolick ~~ BY: Finance Director AGENDA SECTION NO. Non-Discussion Items APPRO~FOR AGE f( \ BY: I REQUEST The Andover City Council is requested to adopt a motion abating the unpaid portion of the assessment for delinquent utility bills for the property at 3552 134th Avenue Northwest (PIN 32-32-24-43- 0045) in the amount $113.25. City Council is also asked to approve refunding the first half payment of $113.25 which the property owner paid prior to the City discovering the PIN was incorrect. BACKGROUND The property owner, Woodland Development, contacted City Hall on May 23rd to inquire about an assessment. It was there belief that all assessments were paid in full during 1989. Research into this assessment disclosed that it was an assessment for delinquent water and sewer charges. Since this parcel is vacant land, it is not possible for the assessment to be correct. A review of the address and utility billing records showed the property at 3558 134th Avenue Northwest should have been assessed. The PIN number associated with this property on the utility billing records was incorrect, causing the improper assessment. The proper PIN number for this property is 32-32-24-42-0026. (Please note that the assessment abatement form that the City will file with the County will also inform the County of the correct PIN number). Larry Carlson made the first half tax payment prior to May 15th. This payment included $113.25 for the delinquent utility charge assessment. Sylvia Britton from Woodland Development did not have an opportunity to inquire about this assessment prior to the Mr. Carlson making the payment. COUNCIL ACTION MOTION BY / '\ '-../' TO SECOND BY Form No. 2504 (Rev 3-2-821 Commissioner of Revenue Abatement Form 7 (Rev. 3/74) APPLICATION FOR ABATEMENT MillER-DAVIS CO.. MINNEAPOLIS GENERAL FORM " \....../ . . ~ ~ ." 0 , . "" '0 . ,. E c >. e 0 , 0 c 0 0 :> U Z u Z 0 U For Taxes Assessed in Year Complete in triplicate if tax reduction exceed~ S500; olherwi!'~e complete in duplicate. . Please print or type. and Paycb Ie in Year NW. School District No. Applicant's Name and Social Security Number Cit of Andover Street Address 11 Date of Application 6/5/90 Zip Code 55304 1685 Crosstown Boulevard APPLICANT'S STATEMENT OF FACTS: Delinquent utilities were Number under Fund 1473 Andover certified to an incorrect Property Identification APPLICANT'S REQUEST Abate the total amount from PIN 32 32 24 43 0045 ($226.50) and reassess to the correct PIN 32 32 24 43 0026. Applicant's Signature Dote NOTE: Minnesota Statutes 1971, Section 609.41 "Whoever in making any stotement, oral or written, which is required or authorized by low to b. made os 0 b~sis of imposing, reducing or abating cny tax or assessment, intentionally makes any statement as to any material matter which he knows is false may b", sentenced, unless otherwise provided by low, to imprisonment for not more than one year or to payment of a fine of not more than $1,000, or both. REPORT OF INVESTIGATION (by County Assessor or City Assessor in certoin cities) I hereby report that I hove investigated the statements mode in the foregoing application ond find the facts to be os follows: ,j .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 AGENDA SECTION NO. Non-Discussion Items DATE ORIGINATING DEPARTMENT Engineering ITEM NO. Declare Adequ~cy of peti tion/90-14 2Cf. .(SVo BY: Todd.1 Aaal': ~~~ft; fR BY: ;(f j The City Council is requested to declare adequacy of the petition and order a feasibility report, Project 90-14, in the Cedar Hill River Estates/Cedar Crest 3rd Addition area. The residents have petitioned to blacktop Blackfoot street from just north of 175th Avenue to 177th Avenue and also 176th Avenue west of Blackfoot street. 47% of front footage have petitioned for the improvement. See attached information regarding assessable front footage. .., .-.....J MOTION BY TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA ~ ) '--' RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF PROJECT NO. 90-14, IN THE CEDAR HILLS RIVER 3RD ADDITION AREA. ORDERING PREPARATION STREET CONSTRUCTION, ESTATES/CEDAR CREST WHEREAS, the May 21, 1990 improvements; and City Council has received a petition, dated , requesting the construction of WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is -0- 3. The proposed improvement is hereby referred to BRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman and adopted by the City day of Council at a Meeting this 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk , ) PROJECT 90-14 ',J Assessable Properties Front that have PIN Footage Petitioned (yes) ( 1 ) 6-32-24-41-0001 342.18 (no) ( 2 ) 6-32-24-41-0002 283.70 283.70 (yes) ( 3 ) 6-32-24-41-0003 301.97 ? ( 4 ) 6-32-24-41-0004 56.97 56.97 (yes) ( 5) 6-32-24-42-0001 (6 ) 6-32-24-41-0005 112.3 112.3 (yes) ( 7 ) 6-32-24-41-0006 ( 8 ) 6-32-24-41-0007 250.00 (no) ( 9 ) 6-32-24-32-0008 200.00 ? (10 ) 5-32-24-32-0002 315.00 (no) (11) 5-32-24-32-0003 165.00 165.00 (yes) (12 ) 5-32-24-32-0004 165.00 165.00 (yes) (13) 5-32-24-32-0005 165.00 165.00 (yes) ( 14 ) 5-32-24-32-0006 165.00 165.00 (yes) (15 ) 5-32-24-32-0007 165.00 165.00 (yes) (16 ) 6-32-24-44-0001 19.30 ? 1277.97 2706.42 = 47.2% 8 yes 3 no 3 unknown :,J 'L 5 ~ M ~ ~ . ~N ~ (;:) ..."11",,1 . ~. 0~~) . '~n- J "- <:::lM (J) ~ ~ ./ 17{,,2I ~ "t (us) . ~'" ~ . ~ t. w " \, . '~l <....:" , '.- /! . { , , 'J '''''''~'. :/rll . . "\tY CITY of ANDOVER ,..-- . 1j ~ t L E ij \i i ,1 ~'r;i!~:-;';99o'lU Date: ,\ :j. No. Gentlemen: We, the undersigned, owners of real property in the following described area: .( J,u P:1VE0 ~"I . !Jonn-f 0.1- lHC ,/ . 7 (:, ,L-L, flUtE i ') /~L;;() IlJ /]..l (\fll:iI', do hereby petition that said portion of said area be improved by Construction of City IS i A-L rim pPtE1) \' rrffIC. L0tTI..,L. 4CL ~()11)iL(( Y CS)I iLl! I/-F:-F'"/!( n~M . ~.Bfc~l r-I OlV..()(t], and that the cost of said improvement be assessed against the benefi~~ng- property, as authorized by Chapter 429, Laws of Minnesota. Po \\ nO!) o () F- G,L1Kf\f-uo f 7/0-- LQ~T (' R I-I-l+-{) f v) " I !:- YES NO - - r(T\ X LEGAL DESCRIPTION .V " v ><-- / ,. / 5~. Nw ; I \ ,/ This petition was circulated by: Address: (; ~ ):), :~'''.-.>~':~f?,~r~~ ~~::;'~~~~*7I~\f~~~ .' ~' ~,,\/ C< -':0: ,,," -..;.'0' ','. ~~-;' . -,,' .. ~- ,-.~ . . 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