HomeMy WebLinkAboutCC June 5, 1990
DATE: June 5, 1990
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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.
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THANK YOU.
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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:
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. 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. ~
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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,
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Charles R. Lefebvre
Anoka County Auditor
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Enclosure
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Affirmative Action / Equal Opportunity Employer
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BOARD OF COUNTY COMMISSIONERS
Anoka County, Minnesota
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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,
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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
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,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,
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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,
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J N "JAY{lM IND
COUNTY ADMINISTRATOR
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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
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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,
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~~ 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,
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Esther Haas
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MEETING &/0/90
AGENDA ITEM :#: I
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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
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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
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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
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9748
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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
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$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
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CA....
CITY of ANDOVER
Regular City Council Meeting-June 5, 1990
7:30 P.M. Call to Order
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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
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
DATE June 5, 1990
ITEM
NO.
Approval of Minutes
BY: v. volk
APPROVED FOR
AGENDA-}~
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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.
Sincerely yours,
JLD:j
Enclosures
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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:
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'(:=: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
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OF
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SEC. 34
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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'
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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
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'\
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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
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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.
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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.
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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
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1990 I
. -
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,
. 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
.~
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1
1
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1+
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CONTRACT I
PLUS EX:~ 1
448,74 .: 23 i
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14.124 :3fr
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1i:~~~:~~
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486.936J64
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486,936164
+
+
I
PAYMENTS I :
432 .863154 ;
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: :
: :
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54.073110
1
486.936:64
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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 $5,000 for liquidated damages from the final payment.
The check will be held until the seeding and some minor clean up
work is completed which is expected to be accomplished soon.
We will be issuing joint checks with Gammon's name on them and
also with the sub-contractor's names as some of the subs have not
been paid.
Enclosed: Resolution, 87-6
Resolution, 88-1
COUNCIL ACTION
MOTION BY
TO
P) 1)]
02~J)
t;~7~-'1 '
SECOND BY
L-~/
L~J~
,
1<-0
~-)
.,,).,
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Cen.No. 10 (F1nallSt.Paul,MN, Aprl1ll,
Mfnnesota
--
119~
Owner
Por Crosstown Boulevard Real,ignll1ent (88-1)
Fifty-Three Thousand
Five Hundred Twenty-Three and 10/100--~-----~--_t$ 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
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orlhl~ Cc!tlOC<\(e
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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
, "
, -)
,)
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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
-....
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--..---
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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 .
Current Urban Area Households
Future Urban Service Area Households
TOTAL
Rural Service Area Households
* Based on estimates from 1/1/90
Rural Density = Rural Acreage / Rural Households
16,962 Acres / 2,010 Households
1 unit per 8.4 acres
)
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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
'-)
\
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'\
'~
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-
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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:
,
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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
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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
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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
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5
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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
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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.
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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;
-~-
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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.
: )
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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
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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
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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
'\
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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
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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.
"
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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
~ )
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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(
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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
/ '\
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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
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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:
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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
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CITY of ANDOVER
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Date:
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No.
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
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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!)
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YES NO
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LEGAL DESCRIPTION
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This petition was circulated by:
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