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HomeMy WebLinkAboutCC March 6, 1996 \ / CITY of ANDOVJ:R Regular City Council Meeting - March 6, 1996 -', Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Discuss Senior Development Proposal/Bunker Lake Blvd. 2. Adopt Resolution/Intent to Bond/Capital Improvement Projects 3. Authorize Juran & Moody/19% ClP Bonding/Refunding GO Bond 1989A 4. Discuss Possible Lift Station/Shadowbrook 5. Consider MSA Designation Through Crown Pointe/Crown Pointe East 6. Park and Recreation Director Discussion 7. Discuss Street Lighting/94-33/Commercial Blvd. 8. Commercial Park/So Andover Site Street Layout EDA Meeting 3. Authorize Juran & Moody/l996 TIF Bond Reports of Staff, Committees, Commissions \ 10. Report on Met Council / 11. PCD Tower Update 12. Approve Hiring of 2 Temporary Building Attendants/Field of Dreams 13. Change Status/Mechanic 14. Approve 1996 Park Capital Budget Non-Discussion/Consent Items 15. Approve Resolution/Trail Fee 16. Approve Resolution/Fee for Removal of Debris from Streets 17. Approve Kennel License RenewalfL. Olson 18. Six Month Probationary Period/Construction Inspector 19. Declare CostfOrder Assessment Roll/Crown Pointe Eastf94-22 20. Waive Hearing/ Adopt Assessment Roll/Crown Pointe Eastf94-22 21. Declare Cost/Order Assessment Roll/Foxberry Farms/94-8 22. Waive Hearing/ Adopt Assessment Roll/Foxberry Farms/94-8 23. Declare Costs/Order Assessment Roll/Hills of Bunker Lake 5th/93-12 24. Waive Hearing/ Adopt Assessment Roll/Hills of Bunker Lake 5th/93-12 25. Declare Costs/Order Assessment Roll/Fox Woods/94-9 26. Waive Hearing/ Adopt Assessment Roll/Fox Woods/94-9 27. Declare Costs/Order Assessment Rolls/95-7, 95-9, 95-10, 95-22 28. Order Plans & Specs/%-6/Misc. Concrete Curb & Gutter Repair 29. Approve Final Payment/95-7, 95-9, 95-10, 95-22 30. Approve Purchase of Half Section Books Mavor/Councillnput Payment of Claims Adjournment ;, . j CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE March 6, 1996 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED f'.O Approval of Minutes FOR AGENDA ITEM City Clerk f'.O BY: Approval of Minutes V. Yolk ~.~. The City Council is requested to approve the following minutes: February 20, 1996 Regular Meeting (Kunza absent) February 20,1996 EDA Meeting (Kunza absent) February 20, 1996 HRA Meeting (Kunza absent) ) February 20, 1996 Special Closed Meeting (Kunza absent) - February 20, 1996 Special City Council Meeting (Kunza absent) \ ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACfION March 6, 1996 DATE AGENDA r-n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item Senior Housing Development Proposal- Bunker Lake Blvd. NW Plming ~ David L. Carlberg Planning Director BY: ITEM r-n /. The City Council is asked to review the concept plan and proposal of Adolfson and Peterson/Presbyterian Homes of Minnesota to develop and construct a senior housing project on the north side of Bunker Lake Boulevard NW between Quay Street NW and Marigold Street NW. The property is the general location of "The Round Barn". This item is being brought to the Council for preliminary approval of the proposal as to the proposed use of the property. The proposal would most likely be developed under the provisions of a Planned Unit Development (PUD). \ J The Proposal Staff understands the project would be done in two phases. The first phase would include the construction of a 54 unit assisted living apartment complex and six (2 unit) townhomes. The Round Barn would remain and would be used for either a senior center or for commercial purposes (retail trade and services). The second phase would include the construction of an 89 unit unassisted living apartment complex with an underground garage and the construction of two (2 unit) townhomes. The developer has also planned for greenspace areas which include pathways, ponds, gazebos and fountains. Again, the developer is looking for preliminary approval of the use and concept. The layout and design of the development will be reviewed at a later date as a part of the platting of the property. A representative of the developer(s) will be present at the meeting to address the Council. \ J MOTION BY: SECOND BY: / / ...,-; . 1.. .J.!"" ; -' :-<--- . .- ;:. -----.. .,~' - ( 1~'E.C:-..'4TES - ~ -. ) . . ,.. '4 I I I I J. ROUND LAKE c.:- r~ t.. ~~ A.. (~.~~~ ... R-I ~1~~~=== =.. "'- .. ..- ~-" t "':ODE: AREA DENOTES PARK AREA , j ;t~ , ) '- ) ~ '\ / ~ 'f,.~.,..o /"" --....\ k",,'O ""\ ~ .... o .. " ~ ~ <= ...- o '" ., , E o " :t. ~ I C _ 1 d... I _ o,JV I 30- S'T' I ~ _ ~ I +' t.... \) I ""u() I -: €'~ I "~4: : tt ~ ~ 1 -.>lg , .j ~ \.. I ~~U I ~ > u.. IS:. I ~... s: I ~ ~ 0 I · 3 f I -'; U I ~ $:t:l. I 0 .,.. ~.. I " 1 :d"J ~::I:.. I .... .... I --;; ~.c I ""'l:l' _ V I .c:(:: ~ , ..~ I .n.. tJ l\...... 0- j tJ oJ G I ~\J U I 2~~ I ~.s= '$: I :> ~ tS I ~.c(~ 1 ~ :~~ ., 0 "", s:; .1 I .. , {.- ! ,'.. :. IO~ , Os: '~O ? :~\,) ~ I" , , \l ;"': '<l) 1 1 1 I ~ f .. I Illl" 1 C ll-L: , L 1 - , C ~ I 1: 0 s: I - '" ,) I - c.+-,> I -.)_ 0 , 0'" .. <: L.t;o:!. \ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE March 6.1996 Discussion ORIGINATING DEPARTMENT Finance ~ Jean D. McGarm AGENDA SECTION lITEM NO. o? Adopt ResolutionlIntent to Bond/Capital Improvement Projects REOUEST: The Andover City Council is requested to adopt the attached resolution regarding the reimbursement of expenditures by financing the specified capital improvement projects with special assessment bond proceeds. \ , ) / RESOLUTION NO. 050-96 '. I -' RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: L Recitals. (a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of the City's bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. i (b) The Regulations generally require that the City make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (I) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). (c) The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions ofthis Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itselffor previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the City Clerk or Finance Officer to make the CitY's declarations. (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to j ) and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. " (b) Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect to issue reimbursement bonds to finance the subject projects costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Council shall be advised from time to time on the desirability and timing ofthe issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3. Reimbursement Allocations. The designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or / procedures adopted by the City for compliance \vith the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Adopted this 6 t h day of Mar c h , 1996, by the Andover City Council. , , / \ ) CERTIFICATION The undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, hereby certifies the following: The foregoing is true and correct copy of a Resolution on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly adopted by the governing body of the City (the "Council") at a regular or special meeting ofthe Council held March, 1996. Said meeting was duly called, regularly held, open to the public, and held at the place at which meeting of the Council are regularly held. Councilmember J a cob son moved the adoption of the Resolution, which motion was seconded by Councilmember De h n . A vote being taken on the motion, the following members of the Council voted in favor of the motiontoadopttheResolution: McKelvey, Dehn, Jacobson, Kunza, Knight and the following voted against the same: Non e Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full force and effect and no action has been taken by the Council which would in any way alter or amend the Resolution. / WITNESS MY HAND officially as the City Clerk of the City of Andover, Minnesota, this ~day of March, 1996. J. E. McKelvey Victoria Volk, City Clerk \ / EXHIBIT A \ j Declaration of Official Intent The undersigned, being the duly appointed and acting City Clerk of the City of Andover, Minnesota, pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: I. The undersigned has been and is on the date hereof duly authorized by the Andover City Council to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed: SEE ATTACHED EXlllBIT B 3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued by the City after the date of payment of such costs. As of the date hereof, the City reasonably expects that $ 58 1 , 382 . 5 I is the maximum principal amount of the Bonds which will be issued to finance the Project. / 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150-2( d) (3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: Mar c h 6, ,199 ~ Victoria Volk, City Clerk \ .I EXHIBIT B CITY OF ANDOVER 2/29/969:32 AMPROJECTS.xLS CAPITAL IMPROVEMENT PROJECTS 1996 BONDING / Proiect name Project No. Contract Cost Prepayments Estimated Bonding Woodland Creek 5th Sharon's 2nd Addition Oak Hollow, Forest Meadows, Hawkridge/Country View Verdin Acres 95-01 94-7 95-7,95-9, 95-10,95-22 133,000.00 30,617.49 75,000.00 404,000.00 102,382.51 75,000.00 404,000.00 612,000.00 30,617.49 581,382.51 Total / / \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 6.1996 Discussion ORIGINATING DEPARTMENT Finance ~~ Jean D. McGarm AGENDA SECTION I ITEM No.3 . Authorize Juran & Moody/1996 CIP Bonding and Crossover Refunding REOUEST: The Andover City Council is requested to authorize City staff to proceed with the 1996 Capital Improvement Project financing and the crossover refunding ofthe GO Improvement of 1989A. J BACKGROUND: The capital improvement bonds will be general obligation special assessment bonds used to finance the construction of only the residential development projects listed in the previous agenda item. By doing the crossover refunding of the GO Improvement bonds of 1989A the City will realize a savings in interest of approximately $85,000. " I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE AGENDA f\O. SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson, ~t Engineering APPROVED FOR AGENDA ITEM f\O. Discuss Possible Lift Station! Shadowbrook BY: ~l As previously noted during the sketch plan review of the Shadowbrook development, a sanitary sewer lift station was identified to service the northeast corner of this plat. Although this area is a part of the 2nd phase of this project it is a consideration of the overall preliminary plat. As additional information has been provided the details regarding the possible lift station have been better defined. , ) In order to provide a gravity flow sewer main to this area of the subdivision the area would need to be clear-cut of any mature trees and approximately 6 feet of fill brought in over this area. This would be necessary in order to provide adequate cover over the sanitary sewer line and provide enough depth for the construction of basements for the homes and townhomes in this area. If an adequate amount offill could not be placed due to wetland encroachments, etc., it may limit this area to homes with slabs on grade (no basements) or possibly split level structures. The installation of a lift station would allow for the construction of a "typical" home or townhome with a full basement. The lift station could also be constructed at a lower elevation to provide future service to the area north of the creek, thus providing some economies for future deep trunk service to this area. This particular item is being discussed at this time as it will have an impact on the submittal of the preliminary plat and its related grading plan. I MOTION BY: SECOND BY: ~ o , \t1 '1 ;) 'J ':? Cj "'-I.. o ~ ~ II ~... 1.1 I ';~!:'r;:~"':U~.. ~~~ 1H~~.;;~ ~,hhti!~::"L!i! ~;q1 I Ilii1f, ': -..( _ .. ~ ;~,.;:~...~ \'~ :'\..:.;: i b t! ~ ~;i:: C'l tit ,-l,' ~ ',I: 'I I...', ...~,. ; :: """!"III(..z. 411[ ~V""'V ~ .,:,..: ~'lt~ f.tI .. '"'- _ac ...-.: f 1.~..-'" - ,t. I.. ':-I. ",' -z= - .. - C-. - ': ~::JE~~ ~ lli~ I~ ~=~ 1: f:~ ~~~ I I ;1. n... : i~ 1111 '" ~I I /!' '. -. ~ ;;;jJ~ :J~~ ~.~ ~-~1.-'. - . fll I I ' I I 1 c ,'u I ~t~s~ iiPii! ji;; ! I Hi; .-: i!lll,'V '.,1 J. .~.. 118/1~': > .~~ee ..fl d ~ (; u ..... U Iii '. 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'.);;!i/~. iT';; : \ j I 2;1(~; -< ;~~-~_j,:-~:il,!i>~1}.,?,;(\. \\ i : . .., '.' .'.:.. ....;..;........'\.\.... '-" f: -::::....-. ...:~" :. ....'\ ::, CD I "'.:::.:~:i.:)r::. (~~~{}:.~.) .;:~.....:,~. .~ j:~;-i:::(:eif7())~i~}~.:;~:.~'i:r.. \::--... ! ..-.,....,. . 'I '" ,'..'-..-., . ...' : "::' :.' ',~.:...! ~., .' ,---:...:...,:..J!..:....~ d,........ ,... I . ) ::'(~... j1\{LZ;9.r1, ~~~))E~~~g~;U~(:6:~~~~)ty;::;. :i4~.~. 1! .".." '~:~. -::. ~~'. '~.'6 .i~~~-:..7-..~-+-,;:.~~.!/~.I~~....~... ..--.------ .. ..) -.-:.} ::---..j=-:....-.. ::;lM --i:i';~ ..-.-...........-::::- '"...,..- ~.' ......:.... ,,--....:..;.."fJ.....i/i \..^ ':~~"" ........ '. ".,-; 1 ~.Fi.~_:.:~I;j ~;;;, ;......:-:.......--.=:=': r' ..' /.::''';'.//1': "':j "',"- ". I . !Ii} mmmmmmmmm ! i i ~ . . I 'I I I~ ~ .................,...!.......,...r.:-::..;:.r.:r.: I ! Ii ..-... . -. ... .. .. . . r.: . '- / ~ o OZ .~.j m!l.. ~~ 'OU QE-< <(Cil ::r::~ (j) j 1I i I I I, , ~ I is : . ~l lE ;t '. . ~ -~I .... ' 1- ,j ~ ~'I .. ~ ~ ~ ~~ ~ ~~~:;I :r:::i ~.iJ!.:I: ::i~:J I I I . . II ~ : 4, I, I' I i I j t' i .. . ~ ~fl;. I.:. ... CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE AGENDA SECTION 1'0 Discussion Item ORIGINATING DEPARTMENT Scott Erickson,~t Engineering APPROVED FOR AGENDA ITEM 1'0 Consider MSA Designation Through Crown Pointe/Crown Pointe East BY: s. The City Council is requested to consider approval of the resolution designating a Municipal State Aid Street through the Crown Pointe and Crown Pointe East developments between Andover Boulevard (County Road 16) and Prairie Road (City. MSA). The Metro State Aid Office has reviewed this designation and if approved by the City Council will submit the designation to the Central Office for approval. \ / \ J MOTION BY: SECOND BY: \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. whereas, it appears to the City Council of the City of Andover that the streets hereinafter described should be designated as Municipal State Aid streets under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that these roads described as follows, to wit: . 143rd Avenue NW between Andover Boulevard NW (Co. Rd. 16) and Prairie Road NW (City MSA): be and hereby established, located and designated as Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration and upon his approval of the designation of said , / streets or portion thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Andover and to be known as Municipal State Aid streets. . 143rd Avenue NW between Andover Boulevard NW (Co. Rd. 16) and Prairie Road NW (City MSA) Adopted by the City Council of the City of Andover this -2!!L day of March 1996. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on March 6, 1996. , I Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 6,1996 AGENDA SECTION NJ. Discussion Item ORIGINATING DEPARTMENT ~ Dick Fursman, Administration APPROVED FOR AGENDA ITEM NJ. Park and Recreation Director Discussion Todd J. Haas, ~ Engineering BY: 0. The City Council is requested to discuss the position of a Park and Recreation Director. This is a position that has been discussed with the Park and Recreation Commission over the last 6 months quite extensively. We have also met with most of the associations and with the Anoka Hennepin School District #11 community school representatives. \ , It is our recommendation of staff that the position of a Park and Recreation Director be put on hold for the remainder of 1996. The City will be working more closely with Nancy Knop of the community school on the present and expanding programs. The community school is also willing to work closer with the associations with coordination of programs. Attached is a memo that was sent to the Park and Recreation Commission dated February 15, 1996 outlining duties that will be assigned to City staff. , ) MOTION BY: SECOND BY: (" c \ / P ARK AND RECREA liON COMMISSION Date: February 15, 1996 Subject: Park and Rec Director From: Richard Fursman Todd Haas " Staff is recommending the position of Park and Recreation Director be put on hold for the remainder of 1996. Information exchanged in joint meetings with school district personnel has revealed an administrative infrastructure seemingly capable of handling a gradual expansion of park and recreation activities in Andover. , , ./ Note: Facilities at City Hall would be available beginning in 1997 for meetings, storage, offices, and training for the various associations. , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 6, 1996 AGENDA SECTION f'.O Discussion Item ORIGINATING DEPARTMENT Scott Erickson, ~ Engineering an. APPROVED FOR AGENDA ITEM f'.O Discuss Street Lighting/94-33/ Commercial Boulevard BY: '7. At the December 5, 1995 Council meeting, the City Council briefly discussed street lighting for the Commercial Boulevard project (additional information was requested regarding this item). As the Council has indicated the desire to provi.de an aesthetically pleasing commercial park, one method to enhance the appearance is with ornamental lighting. Generally, we have two (2) options for lighting: 1) Contract with AEC for their standard lighting fixture which includes energy and maintenance. \ ) 2) Install a private lighting system that would be maintained by the City. The following is a comparison of installation costs and the maintenance costs for both scenarios. City Installed & Maintained AEC Standard Liqhtinq Installation Costs Maintenance & Energy $2,935/Light (Estimate) $1 DO/Light $12.50/Month/Light (Estimate) $10/Month/Light As you will note, the up front installation cost of the City installed ornamental lighting is the largest cost differential. The maintenance and energy costs are basically the same and are paid for by each property within the park. The estimated cost of the street lights for Commercial Boulevard between Hanson Boulevard and Thrush Street is $55,757 (based on 19 lights) for ornamental lighting as compared to $1,900 for AEC standard lighting. If the City Council would like to include ornamental lighting for this area, we will need to direct the City's engineering consultant to include it with their preparation of the project plans. If it is not included, the standard AEC lighting will be used. ) MOTION BY: SECOND BY: , / 1:::;'..c"5"7 ..;-l1c...~/. ~oj"f &!..;..jr .J:c..- O......<c"..~~f~ / L'St..l';"5 Pol. Tvpe A - 70 W HPS Slnale Lanlarns No of Units Cost Interval lImeslyear Annual cost Energy - 70 Wan HPS 1 $1.35 monlh 12 $1620 Wash and Relamp Malerials 1 $16.69 4 years 0.25 $4 17 Labor 1 $25.00 4 years 025 $6 25 Painting: , $40.00 7 years 0.14 $5 71 Knockdowns (1 pole in 15 per year, 16 poles: 1/15-.07) Materials 0.07 $1.219.60 year 1 $81 32 Labor(Removal. hazard mitigation and installation) 0.07 $400.00 year 1 $26.00 Lens Replacement (1 in 50 per year. 1 poles: 1/50 _ .02) Material 0.02 $57.78 year 1 $1. 16 Labor 0.02 $25.00 year 1 $0.50 Annual CosULantern Pole with 70 HPS $143.31 Pole Tvpe B - 100 W HPS Slnale lanterns No of Units Cost Interval tlmeslyear Annual cost Energy - 100 Wan HPS 1 $1.90 month 12 522 80 Wash and Relamp Malerials 1 $16.69 4 years o 25 $4 17 Labor 1 $25.00 4 years 0.25 $6 25 Painting: 1 $40.00 7 years o 14 $ 5 71 Knockdowns (1 pole in 15 per year. 16 poles; 1/15-.07) p...taterials 0.07 $1.219.60 year 1 $6132 Labor(Removal. hazard mitigation and installation) 0.07 $400.00 year 1 $ 2 8.00 lens Replacement (1 in 50 per year. 1 poles: 1/50-.02) Material 0.02 $57.76 year 1 $1.16 Labor 0.02 $25.00 year 1 $0.50 I: 4Jal CosULantern Pole with 100 HPS $149.91 \. / ~2.s.:>/n" [Pole Type C - 1$0 W HPS lum. on sianal pole No of Units Cost Interval limestvear Annual cost i Energy - 150 Wan HPS 1 $2.75 month 12 $3300 Wash and relamp: Materials 1 $16.69 4 years 0.25 $4 17 Labor 1 $25.00 4 years 0.25 $625 Paintina: 1 $40.00 7 vears 0.14 $5.71 Annual eost 150 W HPS on Slanal Pole $49.14 " '. / ~PrGr--.i /. 'I 7' kO~ .I '" Z ~ '" ::J tu w \II: f- JU? '" w > 8 Z .. / . + ..I .!J ~ ~ lr_ .""N io I- OOCOOOOID.... "'1 ~ ~~ ~~~~~~~ ~ ~ ~o~<<~~ ~m~;~~~ g ~ I-CDOOoZ. . "- ~~o~~~ Q~~~~ .... ~ g -J - -~e-::Eooo~ --: +. <( uJ OOOClOIOOO C1 <l.ffi-tftcc~'2 ~a~~~~~ ~ f- 5i!oz, ."l. 0 ~!;(o ~!:2 ~ ,..: MC\I" g '" ,~~... . __ __ L~:- __..~~--- f- ~I ~It;~~~! !o,o a:: '-\"i I-'o:r~wi f- "1__ - - .; - - - - ~~~"'t:1 . ~ ~1~lo~~i ....10-10-. _nLe.- ffi~ "'I - ~~~~I~lgl:l - I ~I~I~ ~ ~l *I!::I oj :;I:;jl~.; : :)1~F5 I~;..~ t 1 I!!a 1 ~I;~~i~ - ' , - I I<Clt.Jt~lt~.J' Wow OOW "'"' .1- IDNIO).....e>.i co (.) :g ".: ~ I I d d I~I~ ~ 8"~ ~ - 05 O~"'O~O~ ~fj:i~r::acoi 'i_ - ...: ~ Z o Ii ~ o I"' I~ - - - I~, W I i~ Iw i~ l~ 10 I I~:; ~fil - I~I~ I't; 11;;1"' "' 10:,0: ,~~ 'li~I'~ I~i:; ~I~ ~io ~~ ~~ 1'7,'7tu IWlti~~I~IZ I~I~ ;1~1~1~ I'~I'~ ~i~i~lm,,,, ~OI~!blt;I~'~ .F ~1515 5 Flo ~ i:I:~O'z'zlzl:I: ili ; Qr:tIOIOOC)a: ----.:.- ...JCJooO:Jt- f--t ' -~:!!g.\(l-i~-- I · - I. I r { e .i.., \) -') , n~ \) .~ , ....... J ~ -i:!.. \I) )~ '* W 0. ~ ~ ~ " .~ J \ . ) '1 , ~ .j 5 , " V) .~ ..;: .., , ~ \ ~ ~ -1:! ...: ... . V'l . V'l -..( '" \1' VI " ... ::to '"' , , , TYPICAL ORNAMENTAL LIGHTING OPTION . , / . / ., / ) Each light unit .hall con.i.t of two round globe luminaries mounted baee up on 180 degree. curved .rm. at 180 degree.. to ..ech other on an .1uminWII pole. Each globe shall have a 100. watt, 55 volt, high pr...ur. .odiuM lamp .uch .. General Electric Companies LV-IOO or equal. The globe. .hall have mogul multiple .ocketa. The globe. .hall be 20 inch diameter. whit. polycarbonate pla.tic with polye.ter felt ga.ket.. The ballast. .hall be 240 volt. r.gulator, high power factor type and .hall be mounted in the ba.e of the aluminum polaa. The aluminum pole. shall have a minimWII wall thickne.. of 0.125 inches end shall be round tapered with two individual curved arm. at 180 degrae. to .ach oth.r suitable to mount the luminairas. The pole. ahall be welded to a ca.t aluminum base. The arm. shall be 1n.talled perpendicular to ths street or curb line. The bass .hall have an access hole and cover located 90 degrees from the curved arm.. A grounding lug .hall be easily acceesible to the ace e.. hole. The pole height shell be SUCh that the bottom of the globe. will be 12 feet above the ground line.. All lighting poles .hall have a shallow grounding typa weatherproof duplex receptacle mounted just below where pOle splits or reduces in .ize at 90 degrees from the curved arms. If the receptacl. 1. located below 8 feet from th. ground the receptacle .hall be the GFI type. At each lighting unit the hou.e .ide luminaire .hall be conn.ctad to the midnight lighting circuit and the .treet side luminaire connected to the all night lighting circuit. The lighting unit. .hall have a dark brown/bronze finish. The l1aht1na un1t~ shall be similar and @qual to; Sternberg Lanterns. Inc. Model No. 2-G18/S07/4412RRT or Sterner Lighting Systems Inc. Model No. 3PD-3285S-01 or the approved aqual. 2/2/92 SHEET NO.1 ROBERT A. ELLER ASSOCI~ TES, INC. CONSULTING ENr.INEERS (ELECTRICAL) 14001 EXCELSIOR IlLYn.. MTXA, MN 35JCS. (612) "..0190 STREET LIGHT STANDARD . CITY OF FRIDLEY , .I STANDARD AEC LIGHTING OPTION , .I , , j . '_-,.._c.".-";'_F-"''O.r.l:o- -...;:-~...,~---.:-.~~-,.<.~.....,.....,,,,,..,,........., ...- --.....-.-..,.-.-<:........-.- ..~ ..,........".-,.~ .-- -- I \ ......... <i. ~ 0 , -J~ U. . ... J .. .& ,..., 'l\. ~ I: ... .o.oe } \t - . ~ ~ ~~1Il . - :i ~ l~ ~ '::t ~~ ~ ~~~~ "I ~........'1 I I I I I " "...........1 '" ~\.o)...,V) ~ ~.::l:::sa --- ~ . . . " .~ ...~_........-_........ ..... ..........-.....-..... ........... --..... I: / I : ... .o.oC ~ 1 .- :i l~ ~~ ~'::l:: ~Q) ~ ~ .... ~ , . .... ..... '" '" :s :s .." ~~ '::a;:":t ~ ~ ~ ~ .... .... , I ~ ~ - ::E '. il ~ I! ~ I : ~ ~ " "1 ~ " ~ I ~ '::S , J. .. ,. ~ .~ ~ tW~~ m MtJD A U$"L- ~.. .; ,.-- ..y'"'/ .:T / / I ... ." / ~ .-...--.-- ... .... .. ." ".' '.al .~..., J ZJ' ". 11\ 18' I I , I 1 I I I , I I . I 1 I I I I 1 I 1 I 1 I I I I I I I u_ ..-.--0- - .". ..0 :....-. ...:--.-., ii'-~"'~--'':_-''':.~':;--''_._---- . \ .- . J :: W . I I J'" Slack 0, ..- Ground 1I n. \\\- \\'\-\\\t\\'\-\ 2'\" Min to ;.. L- '6U~~^1 ~ ~ Sour-c. of poword JAN 1991 -.0._., :"':"-'-,-_~...:.:.-:::=~,;~-_- -:C-:::.-:,-:.-:::-.~_ __-c; .".=::::::=.~,.............. 120 Voll. USL-1()(])HPS USL-15ODHPS llSL. ;;>'';OOt-}PS STREET LIGHr.,ASSEMBLY AEC USL-( ) -~~~:.... ..-=~. - Regular Andover City Council Meeting Minutes - December 5, 1995 Page 7 / (Preliminary Plat/Rolling Meadows Estates, Continued) MOTION by Jacobson, Seconded by Dehn, that the Council table the preliminary plat of Rolling Meadows Estates until the resolution of the following points: 1) Council and the Building Department obtain more information on the mound system for septic disposal. Council was not aware that there were as many lots to be considered for mound systems. 2) That the north/south roads be built to the property line both on the north and south sides of the plat. 3) That the 15-foot strip crossing the plat at the northern boundary be eliminated and combined in some fashion with the lots there. 4) Lot I, Block 4 be reconfigured. 5) The Building pad for Lot I, Block 1, be indicated. 6) Renaming of the streets. 7) Reconsideration of the status of Outlot A. DISCUSSION: It was determined by legal counsel that some action must be taken on the plat because of the time period since it was first submitted. Discussion continued on several points in the motion. Mr. Merila - stated the 15-foot strip across the northern boundary would be designated as a street and could be included as a part of Lot 9, Block 2. Councilmember Jacobson suggested the developer work with Staff and the Attorney on these issues before the Council takes action. Malcom Allan, one of the developers - did not recall the exact date the plat was submitted. He agreed to grant an extension for action on the ) plat until the December 19, 1995, City Council meeting. Councilmember Jacobson amended the motion to state preliminary plat of Rolling Meadows Estates until the meeting (December 19) ...". Motion carried unanimously. "table the next Council COMMERCIAL BOULEVARD DESIGN UPDATE/IP94-33 Mr. Erickson asked the Council to consider including the grading of properties purchased in the commercial area along with the street construction project and to consider including ornamental lighting and a concrete sidewalk along Commercial Boulevard. If a sidewalk is included, it would also have to be constructed along those portions of Commercial Boulevard that are already constructed using either MSA or TIF funds. There should be enough right-of-way to include sidewalks without obtaining additional easements. Mr. Fursman pointed out the only two parcels the City does not own are owned by Rick Heidelberger and Mom's Auto. Council discussion noted the issues of concern for decorative lighting are the cost versus the standard lighting and vandalism. Also, is the wiring is the same so it can be installed now and lights put in as development occurs? While there was a tendency to question the need for decorative lighting in a commercial area, Mr. Erickson stated he would check into the cost differences and report back to the Council. , / No decision was made on the sidewalks, though the comments were generally in favor of the suggestion. Regular Andover City Council Meeting Minutes - December 5, 1995 Page 8 / (Commercial Boulevard Design Update/IP94-33, Continued) Councilmember Jacobson suggested TKDA consider traffic control in the design of the street to eliminate the problem of speeding. He asked that the cost of painting the speed limit on the street be researched. In addition, he wondered if the storm water ponding areas would be suitable for skating rinks in the winter. Off-street parking would have to be provided. Mr. Erickson stated he will look into those items. CONSIDER PARK AND RECREATION DIRECTOR Mr. Fursman asked that the Council consider expanding park use with the hiring of a Park and Recreation Director. Over the past few years, there has been an explosive growth in the park system. There are additional programs, especially for the youth, the concession building, and a demand for adult programming. He recommended the Park Board, Athletic Associations and the Council begin a dialog to look at hiring a Park and Recreation Director. The intent would be to develop programs to generate funds so the position would be self-sufficient and even generate excess funds. He has drafted a preliminary description of the position and typical duties. He and Staff have looked at similar positions in other communities, but the programs and duties vary widely from simply coordinating events to being involved with everything. / Councilmember Jacobson asked for more details on the duties, how the position will be paid for, and the program that will make it self- sufficient in time. He also thought that once it has gone through the Park and Recreation Commission, it should also be discussed by the Personnel Committee. Councilmember Knight was concerned that with the posi tion comes the need for supporting personnel, secretaries, etc. Mr. Fursman agreed, though the community is rich in volunteerism that should continue to be utilized. The intent would be to coordinate the volunteers, not replace them. With the new facility, the space should be available for the new person. Mayor McKelvey stated he has talked with representatives at the school district, and they are anxious to work with the City to determine what programs the City will take and which ones they will keep. Also, the Andover Athletic Association is very concerned about this proposal that the emphasis will be on adult leagues to justify the position rather than on the youth leagues. After talking to the Park and Recreation Commission, he suggested Staff then meet with representatives from all of the youth athletic organizations in the City and from the school to explain the proposal and receive input. Mr. Fursman agreed, noting at this time it is just a developmental concept being shared with the Council. \ - I Councilmember Dehn wanted more realistic figures for the costs of the department, including the cost of the director, secretaries, maintenance, etc., as well as monies that would be generated from the various programs. No specific Council action was needed at this time. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 6, 1996 , AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t-n Discussion Item FOR AGENDA Scott Erickson, ~ L- ITEM Engineering . t-n Commercial Park/So Andover Site BY: Street Layout f This item will be presented to the City Council at the meeting. \. ; \ ) MOTION BY: SECOND BY: ,~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE March 6.1996 AGENDA SECTION EDA Meeting ORIGINATING DEPARTMENT Finance ~~ Jean D. McGann lITEM NO.9. Authorize Juran & Moody/1996 TIF Bond REQUEST: The Andover Economic Development authority is requested to authorize City staff to proceed with the 1996 Tax Increment Financing Bond for the further redevelopment of the Salvage Yard area. / BACKGROUND: In 1995 the City of Andover Economic Development authority issued a Tax Increment Financing Bond in the amount of $6,055,000 out of the $8,000,000 authorized for the Salvage Yard Redevelopment project. Subsequently, the Andover Economic Development Authority indicated the appropriateness to issue the remaining $2,000,000. ADDITIONAL INFORMATION: Staff will be preparing information and resolutions for the April 2, 1996 and/or the April 16, 1996 meeting unless otherwise directed. / I J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE MARCH 6. 1996 AGENDA SECTION ADMINISTRATION ~ Richard Fursman \) '\ Reports of Staff, Committees, Commissions I lITEM NO./O. . Report on Met Council BACKGROUND: City Staff and the Mayor met with Met Council representatives to discuss data collected on Andover's Septic Systems. Met Council representatives expressed their disappointment at all the information requested on Septic Systems was not available on each individual instance. / Staff explained that the material they requested was not available, was not required, and would be difficult if not impossible to locate. The study had asked that the City identify all of the Septic Systems in the City by sub-division as well as a description as to the cause of failures on the past 230 system replacement or upgrades. The City has been able to produce infonnation on approximately half of the failures. Met Council representatives indicated that they would share their findings with the Met Council and that the City acted in its best faith to provide the information requested by Met Council staff. " , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION . March 6, 1996 DATE AGENDA SECnON 1'-0 Staff, Committees, Commissions ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM 1'-0 Planning BY: Construction and Maintenance of Antennas and Supporting Towers Jeff Johnson Planning Department / /, The newest generation of wireless telecommunication technology may come to Andover soon and the City will play an integral role in its implementation. \ , ,_ I Two companies, Sprint Telecommunications Venture and American Portable Telecommunications are preparing to enter the Twin Cities market and have approached staff as recently as a week ago and have asked questions in regards to antenna placement on our water towers. City staffwants to assure that Andover is favorably positioned to deal with this new technology. Staffhas obtained copies of procedures, specific zoning requirements pertaining to antennas, towers, and other related telecommunications infrastructure, as well as examples of currently available lease agreements (copies attached). Attached is a copy of our current antenna ordinance - Ordinance No.8, Section 7.03 - Special Uses. Staff is in the process of preparing an ordinance. Staff is requesting input from Council on the issues that need to be addressed in this new ordinance. \ ) MOTION BY: SECOND BY: Ordinance No.8, Section (-~~ . , Advertising Signs (8JJJ, 5-16-89) Liquor License' (8L, 7-21-81) / outdoor display, storage and sales Public utility structures Repair garages " Retail trade and services Sale and storage of new and used auto parts within a building only (8Y, 6-05-84) IN ALL DISTRICTS: ~ Antennaes in excess of thirty-five (35') feet in height. Area identification signs in all projects of five (5 a.) acres or more. (8JJJ, 5-16-89) Blacktop or crushing plant for highway materials. Commercial animal training. Decorations, banners, and other temporary signs advertising a bazaar, special sale, sporting event or other similar situation. (8JJJ, 5-16-89) , , , / Excavation, except when a building permit has been issued. Marquees of any type, with or without signs. (8JJJ, 5- 16-89) planned Unit Developments meeting the requirements of Section 4.18 and minimum standards required by this Ordinance. Public utility structures or uses except when conducted upon public right-of-way. (8ZZ, 3-15-88) Real estate signs over thirty-two (32 s.f.) square feet per lot frontage and exceeding other sign area limits in business and industrial areas shall require a special Use Permit. (8JJJ, 5-16-89) Signs on benches (not in City Parks), newsstands, cabstand signs, bus stop shelters and similar places. (8JJJ, 5-16-89) The use of search lights, banners and similar devices. (8JJJ, 5-16-89) 7.04 Uses Excluded , I In A1l Districts: Auto reduction yards Page 59 145 University Avenue West St. Paul, MN 55103-2044 League of Minnesota Cities TOWER/ANTENNA SITE SELECTION & LEASE AGREEMENTS FOR PCS SYSTEMS TOPICS FOR DISCUSSION 1. Responding to growing demand for new sites/densities 2. Elevation requirements 3. Alternatives to water tower siting 4. Zoning regulations discouraging residential siting 5. Potential for interference with other tv/radio or other telecommunications users of city water tower space 6. Control of site safety, aesthetics 7. Co-location: new and/or existing communications towers 8. Tower construction standards for future co-location ~H~. 9. Value of sites to pes providers 10. Site rental fees 11. Zoning ordinance items a. Insurance b. Fee schedules/payment 3~ c. Removal of obsolete equipment d. Ownership changes/lease transfers e. Revisions / AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)281-1200 (800) 925-1122 TDD(612)281.1290 Fax(6121281-12: 145 University Avenue West St. Paul, MN'55103-2044 League of Minnesota Cities GLOSSARY OF TERMS PCS - personal communications services providing new digital wireless communications products and services such as personal digital assistant two-way voice and data communications services, wireless PBX, mobile data transfer and paging services, text and voice messaging, potential video and telepoint services. Cellular - two way voice and data communications in large coverage areas through either hand-held or motor vehicle mounted phones and wireless modems in lap-top computers and electronic notebooks . ESMR . Enhanced Specialized Mobil Radio _ two-way voice and data communications to offer enhanced services such as voice mail and call waiting in large coverage areas Imaging - two-way wireless communications of text, voice (and potentially video) messages among computers, personal digital assistants and databases through mobile satellite and EMSR as well as networkS built for pata PCS applications . I Mobile Satellite - two-way voice and data communications server using satellites, himd- held phones and wireless modems with enhanced services including call waiting and voice mail with very large geographic coverage - even global .~;!~ Paging - one-way voice and data communications or data transfer to pager or laptop computer with built-in pager with some nation-wide coverage areas Personal Digital Assistant - device that both takes phone calls and performs computer functions including data entry and retrieval Personal Mobility - the capacity to track and make calls and relays information to a specific person rather than defined locations .:"' Personal Number - telephone number assigned to an individual and not to a location Personal Telecommunications Services (PTS) - two-way voice and data communications offering many enhancements such as voice mail and call waiting and covering counties and entire states Telepoint - either one- or two-way voice and data communications that will cover smaller areas, offering fewer features than other PCS services at lower price taken from LMC Cities, January/February 1996, "What is PCS technology and how does it impact - / cities ?"pages 14-15. I AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)281-1200 (800) 925- 1122 TDD(612)281.1290 Fax(612 i 281- 12~ l... TELECOMMUNICATIONS 'l W hen U.S. Cellular wanted II WI H.I N G nies' use of the public rights of way-for I to build another antenna example, by demanding a share of the tower in Alachua County, companies' revenues. Not swprisingly, F1orida, a couple of years the phone companies have asked federal ago, it didn't expect much regulators to ban that kind ofIevy. i'l the way of resistance. . Today there are .:! ~~~yO~lr:~~~gh~~es~~;~ C I NIH I V I H S II S. ~:tt:Ci~~~o~~ .. antennas in the north phones. By the year 2000, Florida county. For the industry estimates, another, the new tower there will be 115,000. was slated for an undevel- That means close to six ~~ed~~ =~~~~ the kind of place one Some communities are trying to keep cellular now standing, not count- IItight expect to find the phone companies from crowding the ing the ones that handle occasional water tower or paging and data-transrnis- radio transmitter. landscape with towering antennas. Others sion services. The cellular To county officials, are trying to get a cut of the action. antennas will be replaced !:\<W: ~o<;;~:~J~~c~~~;fll: (/~~'((t ~W~\~ ~~~e~~~t:: ::~ . . ',- . ... a sore thu~b again,st an uni?terrupted skyline. It \~ ) J)} IJ of the ones going up now are ISO to 250 feet tall. seemed particularly mappropnate next to the upscale \ '.1 The proliferation of antennas sterns in part from horse ranches planned for nearby lots. When property '- .-' J new technologies and newly authorized seIVices. The owners near the site complained that the appeal and value of two cellular companies in each market soon will be joined by their land would drop, the county commissioners rejected the half a dozen new competitors, all of them needing to install company's application for a special-use pennit. 'ibis com- antennas. Some of those competitors--the companies offer- mission has for years tried to protect our ing a more advanced furm of cellular tech- , residential neighborhoods from the incur. I nology known as "personal communications /'sion of commercial development,n says service5,n or PCS-have already paid the County Commissioner Leveda Brown. "We didn't think federal government close to $8 billion fur their frequencies; there was anything unusual about that." so the pressure to get the services up and running as 'l;:;~';ll~ The commission thought wrong. The company took the quickly as possible is fonnidable. board to state court, where a judge ruled that the residents' "I don't think you want to be the jurisdiction that stands testimony was not "competent, substantial evidence" on in their way,n said E. Eugene Webb, assistant director of which to base a decision. He ordered the county to grant infunnation systems for St. Petersburg, Florida. "If you get the special-use pennit. The only thing stopping the com- into a war with one of these outfits, they're going to use pany now is the paperwork for the building pennit. atomic bombs. They're not going to start out with rifle The situation in Alachua County is hardly typical, given shots.n that the vast majority of antenna applications in the United Industry officials say that new antennas invariably fullow States are approved with little delay. But as the number of the demand for portable phone service, which increased applications increases and the towers start casting shadows 58 percent from mid-l994 to mid-I995. Thus, the losers in over residential neighborhoods, more local governments the disputes over antenna sites are not just the phone com- are likely to find themselves in the same position as panies, they say, but also the residents whose mobile A1achua County: caught between a phone company and a phones won't work as well without the extra antennas. group of angry homeowners. Antenna strategies vary from company to company, but At the same time, the courts and Congress are making it the basic needs are the same. Each service area is divided harder for local governments to say no to antennas. The into "cells." A1; the number of users increases, the cells 1111ings have some local officials wondering if they will be have to be split into smaller and smaller units, each at the mercy of the phone companies' technical e};perts, served by its own antenna. The antenna must be tall unable to stop or slow the proliferation of antennas in enough to be seen from any point in its unit, but low their communities. enough to be hidden from the signals in neighboring Rather than trying to block the antennas, some juris- units. dictions are looking for ways to profit from the compa- When service is just beginning, a company can usually , I';mlrit/ Kflnn illusrmlion 'r I ~l . ~. .-i '-~~ v ..~ ,ilW~ :~h~~: . I / H:~i# \ / ,. j get by with one or two tall towers. They also have a lot of flexibility in placing the towers because there usually are plenty of technically suitable sites. As the cel1s are split into smaller and smaller fragments, however, a lot of that flexibility is lost Some local officials complain that mobile-phone companies have adopted a take-it-<lr-leave-it strategy. Backed by in- house engineers and consultants, some companies have insisted that their chosen sites are the only ones that are technically suitable. This kind of approach puts small towns and rural counties without the resources to hire their own experts in a tough position when residents complain about a proposed antenna. Such was the case in Blairstown Town- ship, a bedroom community of about 5,000 residents in the foothills of north- western New Jersey. Looking to elimina~ gaps in its coverage, Pennsylvania Cellu- lar proposed in 1994 to put a 180-foot antenna tower on a hill in an industrial zone that had yet to attract any industry. A handful of property owners in the area argued that the antenna would drive down the value of their homes, and the Blairstown board of adjustment denied the company's application for a variance. Pennsylvania Cellular then sued in state Superior Court, accusing the board of acting arbitrarily. A state judge ruled in mid-I995 that the tower was a "beneficial use. of property, so the local board had to allow it to be built somewhere in the township. Despite several alternatives offered by local officials, the company insists that its originally proposed loca- tion is the only suitable one. That doesn't sit well with Elwin V. Barker, chainnan of the board of adjust- ment. 'They're asking people to make a sacrifice for their benefit,. Barker says. 'They're coming along and saying, "This is the way it's going to be because we want it to be that way, so we can make money: . Industry officials have their own set of complaints. While most local zoning boards are fair and reasonable, says industry spokesman Mike Houghton, companies are running into an increasing number of roadblocks stemming from superficial or irrational objections. In West Hollywood, California, for example, the city council turned down Los Angeles Cellular Telephone Co: s bid to upgrade an antenna after residents complained about health risks. One woman claimed that cellular antennas -H 38 Q 0 V ERN I N Q February 1996 ;";~:' .~.~~ ~{~~~;~ ." .. "'~';'~a;, \" .." While local govern- ments approve the vast majority of antenna applications, the indus- try wants to take them out of the picture. had killed one of her dogs and given her other pets headaches. Rather than going to court, though, the company has redou- bled its public-relations efforts in the community as it keeps trying to build new antennas. To ease concerns about health and safety, the mobile-phone companies often mount grassroots campaigns touting the . strength of their antenna poles and the comparatively low power of their opera- tions. Lisa Bowersock, a spokeswoman for US West's cellular-phone division, says the company's typical antenna oper- ates at roughly 100 watts-the power of a strong light bulb. Responding to residents' complaints about aesthetics, many wireless compa- nies are placing their antennas with other companies' antennas or camouflaging them to blend in with their sunuundings. Antennas have been made to look like tall pine trees, church steeples or street lights. So far, the companies have been largely successful in their antenna-build- ingefforts. A survey in November 1995 by the American Planning Association found that 92 percent of the applications for cellular antenna towers had been approved in 230 U.S. cities and counties. Almost three-quarters were approved in less than two months. Nevertheless, the industry's trade asso- ciation has tried in Washington to take local governments completely out of the picture. The association has asked the Federal Communications Commission to curtail local zoning power over antennas, but the FCC is not expected to grant that request The industry also lobbied Congress to limit zoning powers as part of the massive telecommunications-overhaul bill under consideration last year. Lawmakers came down largely on the side oflocal govern- ments, but they. did propose to prohibit local officials from taking any action that effectively blocks mobile communica- tions services, imposes IInreasonahll' delays or discriminates IInrcasonahh- among competitors. . To prepare for the increase in . antenna applications, some commu- nities are writing ordinances to address the most common public con- cerns. Blairstown Township ordered companies seeking new antennas to pro- vide a master plan for all antenna sites in the community. That way, the township can factor the future antenna needs into its land use plans and possibly avert dis- putes down the road, says Richard T. Coppola, the township's planning consul- tant. But industry officials say it is hard to predict how much the demand will gro\\' and where growth will be concen- trated-two key elements in determining the need for and placement of antennas. St. Petersburg has taken a different approach, trying to steer antennas onto public property. Webb predicts that as companies rush to build towers, cities and counties will cut deals allowing thl' towers to be built on public property; . exchange for part of the revenue. Typically, cellular companies pay fixed rents to lease antenna sites rather than paying a percentage of their income. Under an ordinance adopted in 1990, Sl Petersburg plans to charge PeS service;. 5 percent of their gross revenues, in addi.tion to a $50 permit fee and a $ll'll annual fee for each antenna. The phone companies argue that this kind of regulation was outlawed by Con- gress in the Onmibus Budget Reconcilia. tion Act of 1993. A provision of that law prohibits state and local governments filllll regulating the rates or ent!)' of nlO},i',' communication services in their mark,.' . After Roseville, Minnesota, adoptl"; ., series of ordinances that demandl'd .-. percent of the local PeS companies' n'" enues, the companies appealed to tl... Federal Communications Commis,j,," for preemption. The commission b _r,1I reviewing the companies' petition. Nevertheless, Webb ~ll'S tlmt " public property is the best \\~IY filr ; governments to get a handle on OUlh'III..' .YOII cannot attempt to mana,.:,' II"." technology,~ he says. IOU h",ve i",1 ,;.ol to manage what you control. ;uul 11...1. the rights of wav and the rt'a1l'nll',.,h that the jurisdiction tI\\11S. (kYllIul I! ",I you're just asking fur t.n...!.I,', ''': going to he SUl-d aud ~u~ re ","un..: tll I~ And probahly righrly so. ~ 145 University Avenue West St. Paul, MN 55103-2044 League of Minnesota Cities February 7, 1996 TO: City officials interested in ordinances and lease agreements pertaining to personal communications services (PCS) facilities FROM: Ann Higgins, IGR Representative RE: Materials collected from Minnesota cities enclosed; meeting announcement request for meeting agenda itemS The League has now received the following materials from member cities: City Item Terms Fees Afton ordinance pertaining NA to antennas, towers,. and related telecom- munications infrastructure / Bloomington lease agreement 5 yr/renewable 2 additional 5yr terms Brooklyn Park transmission tower 1 yr/renewable zoning height (150') and performance requirements; lease agreement and amendment Bumsvill" ordinance on placement of antennas; standard lease agreement; antenna rates, site application 5 yr/renewable additional 5 yr terms " , / CenterviIle telecommunications and zoning ordinances NA NA $750/mo 1st yr; $900/mo 1st renewal; $1,080/mo 2nd term $405/mo variable depending on single or multi-use, repeater, etc.; 3% increase based on CPI NA AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER '~1?\?QL1?nn IRoo) ~?!i.1122 TDD (612) 281-1290 Fax(612\281-1m ) Circle Pines lease agreement C. yr/renewable $ amount blank :, additional 6 yr annual iii advance terms 3 % times the number of yrs in expiring term Dellwood telecommunications NA NA ordinance Eden Prairie zoning regulations NA NA Edina lease agreement 4 yrs/renewable $12,OOO/yr in equal four additional 5yr monthly installments terms + $500 option. Formula increase over extension periods. . Falcon Heights letter re: PCS antenna NA NA zoning requirements Golden Valley ordinance pertaining NA NA / to telecommunications towers (120') Jordan ordinance pertaining NA NA to telecommunications towers (45.') Lake Elmo current zoning NA NA antenna height regulation (65') Lino Lakes zoning conditional NA NA and permitted use for transmission towers Little Canada ordinance pertaining NA NA to essential services Minneapolis building code, zoning NA NA ordinance \ Minnetonka form agreement; 5 yrs/renewable $ amount blank, '--) zoning ordinance for 3 additional 5 % increase per yr 5 yr. terms + other terms . ~ \ ) Oak: Grove zoning ordinance NA NA prohibiting towers or antennaS Plymouth zoning regulations; NA NA conditional use permit Prior Lake lease agreenlent 5 yrs/renewable $700/mo. in advance four additional renewal increases based 5yr. terms on CPI (5% cap) Richfield zoning regulations NA NA pertaining to antennas and towers Robbinsdale zoning code re: 3 yrs/renewable $ 833.33/mo ht. limits, antenna; four additional 3yr increase based on CPI lease and right of entry agreement \ Spring Lake Park lease agreement; 5 yrs/renewable $500/mo. renewable 'J ordinance require- for 4 additional terms based on CPI ments for teleconl- 5 yr terms (Capped at 20%) munications towers Waconia zoning ordinance NA NA pertaining to towers/ antennas Enclosures ." I am enclosing samples of ordinances and lease agreements representing some of the more extensive planning, zoning, and lease arrangementS throughout those submitted to date. If your city would like a copy of any of the additional materials listed, please contact me. \ j MAMA February 15 meeting.on PCS The second item of importance relates to the upcommg meeting of the Metropolitan Area. Managers Association on Thursday, February 15, from 12 Noon - 1:30 p.m., at the Sheraton Midway in St. Paul. Representatives of Sprint Telecommunications Venture (STV) and American Portable Telecommunications (APT), the two PCS licensees currently requesting tower sites in the metro area, will be on hand to discuss their undertakings. Please let me know the agenda items you would like to have them address. I will be moderating the presentations and hope to get a lot of topics on the table for discussion. If you would like to attend. please call Laurie Jennings at the Association of Metropolitan Municipalities at 281-4004 as soon as possible. Memorandum re: CityTel alliance with cities . / I am also enclosing a copy of the memorandum prepared by Clark Arneson, Manager of Planning and Economic Development for the City of Bloomington. Please pay particular attention to his discussion of the approach underway in Huntsville, Alabama (as well as in cities in Florida and Tennessee) regarding CityTel. I will bring copies of CityTel material with me to the MAMA meeting on February 15 and will send out materials to those who call. I would like to know whether cities believe such an approach would be of interest. I have not contacted CityTel representatives, but I have talked with Ray Sittig, former Executive Director of the Florida League of Cities, who is working. extensively on this approach on behalf of the Florida League and a core group of cities which met and agreed to work with CityTel. Where Do We Go From Here? The League is eager to work with cities to identify common strategies and concerns to assure. that cities are not pitted against each other or hampered in their authority to manage the increased demand for tower siting. Some city officials have inquired about the formation of a task force to identify and recommend actions and common approaches for the placement, leasing, and design of towers that will be needed as more wireless telecommunications service providers request sites over tile next several years. I would like to determine if there is sufficient interest in pursuing this approach. Since I am often out of the office at the legislature. please leave me a voice mail message if you or somebody from your city is interested in serving on or working with a task force on telecommunications facility siting. leasing et. aI.. or fax me a reply on the form printed below. Given the current fast pace of legislative activity, I am concerned about possible delay in getting the task force underway. I welcome your suggestions on how to overcome that immediate difficulty for League staff. / Name of City I, , title, , am interested in serving on _/working actively with _ a task force created to identify and make recommendations regarding matters of common interest to cities related to the siting, regulation, leasing of space, etc., for personal communications service (PCS) and other wireless telecommunications service providers. Fax to Ann Higgins: 281-1299 .. SITE LEASE AGREEMENT / AGREEMENT, made this day of , of Minnetonka, 14600 Minnetonka Boulevard, ("Landlord"), and , organized and existing under the laws of ("Tenant") . THIS SITE LEASE 199 between City Minnetonka, MN 55345 a For good and valuable consideration, the parties agree as follows: 1. Propertv. Subject to the terms and conditions of this lease, Landlord hereby grants to Tenant the right to use a portion of Landlord's property, located at , Minnetonka, County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto (the "Property"), subject to any and all existing easements. Landlord also grants to Tenant the right to use a portion of the Water Tower (hereinafter the "Water Tower"), located on the Property, as more particularly shown in Exhibit attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's Director of Operations and Maintenance. The entire of Landlord's property is described in the attached Exhibit A. / 2. Fee. As consideration for this Agreement Tenant shall pay Landlord an annual fee in the amount of for the initial year, which shall be increased each year on the anniversary date of this Agreement by 5%. The annual fee shall be paid in advance on the anniversary date of this Agreement commencing on the commencement date as described in paragraph 3. For each additional antenna installed by Tenant beyond the initial array referenced in Section 5 of this Agreement, Tenant shall pay an additional fee of $100.00 per month which shall increase annually under the same terms provided hereinabove. In addition to the annual fee, Tenant agrees to pay any real estate taxes or payment in lieu of taxes required as a result of this Lease. 3. Term. The "Initial Term" of this lease shall be five years commencing on the date of this Agreement. Tenant shall have the right to extend this Lease for three additional automatic five year renewal periods ("Renewal Term") commencing on the successive day following the termination date hereof or of any subsequent Renewal Term. This lease shall automatically be renewed for each of successive renewal term unless one of the following events occurs: (a) Tenant notifies Landlord of Tenant's intention not to renew the Lease at least 90 days prior to the expiration of the Initial Term or any Renewal Term; or (b) Landlord notifies Tenant of Landlord's intention not to renew the Lease at least 90 days prior to the expiration of the Initial Term or any Renewal Term. ./ 4. Continuation of Acrreement. If, at the end of the third five-year extension terms, this Agreement has not been terminated 1 \ ) by either party by giving the other written notice of an intention to terminate it at least 180 days prior to the. end of such term, this Agreement shall continue in full force upon the same covenants, terms, and conditions, for a further term of one year and for annual terms thereafter until terminated by either party giving to the other written notice of its intention to so terminate at least 180 days prior to the end of such term. . 5. Tenant's Use. Tenant shall use the Property for the purpose of installing, maintaining, and operating a communications antenna facility and an accessory building, and uses incidental thereto. This use shall be non-exclusive, and Landlord specifically reserves the right to allow the Property to be used by other parties and to make additions, deletions, or modifications to its own. facilities on the Property. Tenant's communications antenna facility shall consist of antennas on the side of the Water Tower stem along with cables and appurtenances connected to an accessory building located adjacent to City's well house. Tenant may erect and operate an antenna array consisting of six directional panel antennas in accordance with its submitted application attached as Exhibit _ Tenant may expand to a maximum of 14 antennas but only after Landlord has obtained an evaluation indicating that each additional antenna will not interfere with existing antennas or proposed antennas with a higher priority and the Water Tower can structurally support the additional antennas. The cost of each evaluation must be paid by the Tenant within 30 days after written notice of the amount. " All improvements shall be at the Tenant's expense and such improvements, including antennas and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on the property, and secured by Tenant. Tenant shall ensure that its use of the Property is consistent with all ordinances, statutes and regulations of local, state and federal government agencies. 6. Advances J.n Technolocrv. As technology advances and improved antennas are developed which are routinely used in Tenant's business, Landlord may require in its sole discretion the replacement of existing antennas with the improved antennas if the new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of the improved antennas are technically feasible at this location. 7. Access to Propertv. Tenant shall be entitled to access to the Property seven days a week, 24 hours a day for the purpose of inspecting, maintaining and repairing its antenna facility and related equipment. Only authorized personnel, employees or agents of Tenant shall be entitled to such access to the Property. 8. Governmental Approval Contincrencv. It is understood and agreed that Tenant's ability to use the Property is contingent upon its obtaining, after the execution date of this Agreement, all the certificates, permits, zoning and other approvals that may be 2 \, , I I required by any federal, state, or local authorities. This shall include an engineering study on the Water Tower to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by Tenant. In the event that any of such applications should be finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in its sole discretion, will be unable to use that Property for its intended purposes, Tenant shall have the right to terminate this Agreement. The termination right shall also apply in the event that Tenant is otherwise, within its sole discretion, precluded from using the property for its~intended purpose. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Upon such termination, this Agreement shall become null and void and all the parties shall have no further obligations to each other. 9. City Reauirements. Tenant shall be bound by the requirements and standards contained in City Council Policy No. 1-35 (the "Policy"), attached and made a part of this Agreement as Exhibit ___, except those requirements and standards which are not applicable to Tenant or are waived by Landlord. Tenant acknowledges that, under the provisions of the "Policy", Landlord may permit additional buildings to be constructed on its property described in Exhibit At such time as this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant's building and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise the structural integrity of Tenant's building. Tenant further acknowledges that the license for an access road, as described in Exhibit of this lease, is a non-exclusive license and users of the above-referenced additional building(s) shall also be permitted to use this road. Landlord and Tenant mutually agree that Tenant shall have the right to collect an annual fee from any said users (the amount of which shall be determined at a later date) to offset Tenant's cost for construction and maintenance of said access road. Before obtaining a building permit, Tenant must submit to Landlord, at Tenant's expense, a radio frequency interference study indicating that Tenant's intended use will not interfere with any existing communications facilities on the Water Tower and an engineering study indicating that the Water Tower is able to structurally support the Tenant's facilities without prejudice to the City's primary use as a water tower. 3 \ / / , / 10, Indemnification. Tenant agrees to indemnify, defend, and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable, which arise from the negligence, willful misconduct, or other fault of Tenant or its employees, agents, or subcontractors in the performance of this Lease or from the installation, operation, use, maintenance, repair, removal, or presence of Tenant's transmission facilities and accessory building, and related facilities on the Property and the Tower, and specifically including the representations and warranties of Paragraph 19 of this Lease. 11. Insurance. Tenant shall carry adequate insurance to protect the parties against any and all claims, demands, actions, judgments, expenses and liabilities which may arise out of or result, directly or indirectly, from Tenant's use of the Property. The policy shall list the Landlord as an additional insured and shall provide that it will be the primary coverage. The policy shall have coverage limits of at least $600,000 for anyone occurrence of property damage and $600,000 per person and per occurrence for personal injury or death. Tenant shall also maintain the worker's compensation insurance required by law. Insurance meeting the requirements of this paragraph shall be maintained for the entire term of this Agreement. Tenant shall provide a certificate of insurance on the Landlord's approved from before installing and using the communications facility. Tenant shall thereafter provide current certificates of insurance upon Landlord's request. Tenant shall not cancel the required insurance unless 30 days' prior written notice has been given to Landlord. 12. Damaae or Destruction. If the Property or the Tower are destroyed or damaged so as, in Tenant's judgment to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of Rent paid subsequent to the date of damage or destruction in an amount that is proportional to the amount of damage or destruction incurred to the area of the Tower occupied by the Tenant. 13. Revocation. Landlord may elect to revoke the grant provided for in this Agreement in accordance with the provisions of Section 5 of the Policy. In the event that Landlord shall elect to exercise its revocation rights hereunder, it shall first provide Tenant with written notice of the intended revocation, the reasons for it and provide Tenant with a 30-day opportunity to resolve the situation which caused the notice of revocation to be transmitted, which opportunity shall include the right to address Landlord's City Council regarding the situation and its proposed resolution. 4 14. Termination. In the event that this Lease is revoked by / Landlord, or otherwise terminates, Tenant shall have 30 days from the termination date to remove its antennas and accessory building, and related equipment from the Property and restore the surface of the Water Tower structure. Upon the commencement of this lease, Tenant shall deposit with Landlord the sum of $750.00, which shall be fully refunded to Tenant upon the timely removal of the antennas and accessory building, and related equipment and the restoration of the Water Tower surface to the reasonable satisfaction of the Landlord. In the event that Tenant's antennas and accessory building and related equipment are not removed to the reasonable satisfaction of the Landlord, as it may be extended by Landlord, the antennas and accessory building and related equipment shall become the property of the Landlord and Tenant shall have no further rights thereto, provided however, that any delays beyond said 30 days that were out of the reasonable control of the Tenant shall extend said 30 day period for a period of time to be agreed to by Landlord and Tenant. 15. Default. If either Landlord or Tenant fails to comply with any of the provisions of this Agreement, including any of the requirements contained in the attached exhibits, or default on any of its obligations under this Agreement, either Landlord or Tenant may at its option terminate this Agreement. The termination shall be effective only after the terminating party has given to the other written notice of the default and the notified party has failed to cure the default within 20 days after receiving the notice. If the default is not reasonably capable of being cured within 20 days, the notified party shall commence to cure the default within 20 days and shall diligently pursue the cure to completion within a reasonable time thereafter. 16. TemDorarv InterruDtions of Service. When Landlord determines that continued operation of Tenant's communication facility would cause or contribute to an immediate threat to public health and/or safety, Landlord may without prior notice to the tenant cause discontinuance of Tenant's communication facility or may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If prior notice is not given to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its communication facility, except as may be caused by the negligence or willful misconduct of the Landlord, its employees or agents. If the discontinuance shall extend for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Agreement within its sole discretion without any prior notice. j 17. interfere cease all Interference with the Water Tower. Tenant shall not with Landlord's use of the Water Tower and agrees to such actions which unreasonably and materially interfere 5 with Landlord's use of the Water Tower no later than three business ./ days after receipt of written notice of the interference from Landlord, provided that in the event that Tenant's cessation of action is material to Tenant's use of the Property and such cessation frustrates Tenant's use of the Property, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Agreement. 18. Interference with Communications. Tenant shall comply with the standards specified in attached Exhibit . Tenant's use and operation of its communication facility shall not interfere with the use and operation of other communication facilities on the Water Tower which have a higher priority pursuant to the Policy or which pre-existed Tenant's facilities on the Water Tower. If Tenant's .faciliBY causes impermissible interference, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its facility and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord may at its option terminate this Agreement immediately. 19. Representations and Warranties. a. Landlord represents that: (a) it has good and marketable title to the Property, which it owns in fee as described in the attached Exhibit ,subject to the easements of record, and that (b) Tenant shall have the quiet enjoyment of that Property during the term of this Lease, or any renewal thereof, in accordance with the terms of this Lease. Landlord further warrants that its Mayor and City Manager have the full right, power, and authority to execute this Lease on behalf of the Landlord. b. Tenant represents and warrants that its use of the Premises, herein, will not generate and it will not store or dispose on the Premises nor transport to or over the Premises any hazardous substance except as specifically described hereafter: Tenant will locate one or more electrical storage batteries, temporary diesel generator and related fuel on the Premises to be used for power which may be constructed of or contain a hazardous substance and any damage, loss, or expense or liability resulting from the breath of this representation or from the violation of any state or federal law by such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of Landlord, its employees or agents. 20. Assionment. This Agreement may not be sold, assigned, or ,/ transferred at any time by Tenant except to Tenant's affiliates or subsidiaries. As to other parties, this Agreement may not be sold, 6 assigned, or transferred without the written consent of the j Landlord, such consent not to be unreasonably withheld. This lease shall run with the Property described on Exhibit . This lease shall be binding upon and inure to the benefit Of the parties, their respective successors, personal representatives and assigns. 21. Waiver of Landlord's Lien. Except in the event of "Default", "Revocation", or "Termination" as described in those paragraphs 13, 14, and 15 under the terms of this lease, Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof, regardless of whether or not same is deemed real or personal property under applicable laws, and Landlord gives Tenant the right to remove all or any portion of same from time to time in Tenant's -sole discretion and without Landlord's consent. 22. Enforcement and Attornevs' Fees. In the event that either party hereto shall institute suit to enforce any rights hereunder, the prevailing party shall be entitled to recover court costs and reasonable attorneys' fees incurred as a result of such appeal. 23. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like I notice) : ;' If to Landlord, to: City of Minnetonka 14600 Minnetonka Boulevard Minnetonka, Minnesota 55345 Attention: City Manager If to Tenant, to: with a copy to: 24. Bindina Effect. This Lease shall run with the Property described on Exhibit This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 25. Miscellaneous. '\ / 7 , / a. Each party agrees to furnish to the other, within ten days after request, such truthful estoppel information as the other may reasonably request. b. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. c. This Lease shall be construed in accordance with the laws of the State of Minnesota. d. If any term of this Lease is found be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: CITY OF MINNETONKA J By: Mayor And: City Manager TENANT: STATE OF MINNESOTA) )S8: COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 199__, by Karen J. Anderson and David M. Childs, the Mayor and City Manager respectively of the City of Minnetonka, on behalf of the corporation. / Notary Public 8 , ) STATE OF ) )88: ) COUNTY OF The foregoing instrument was acknowledged before me this day of , 199__, by the of I on behalf of the corporation. Notary Public / I 9 S~NT BY:Xerox Telecopier 7021 2-20-96 :11:52AN 6127B4363B~755 8923 :# 2 1199939 , ~ ) After recording please return to: Ann: Technical Services AdminiStnltor AT&T Wirele.5$ Services 2515 24th Avenue South Minneapolis, Minnesota 55406 . ,'''' Drnfted By: AT&T Wireless Services . 2S 15 24th Avenue South Minneapolis, MN 55406 MEMORANDUM OF LEASE BETWEEN CIty ot Spring Lake Park, Minnesota, . a Minnesota mumc:ipal corporation ("LESSOR") AND. ACCfMCCA W CELLULAR OF MINNEAPOLIS, (as successor in interest to Minnesota Cellular Tele{lhone Company, a Minnesota Corporation (d/b/a Cellular One)) ("LESSEE") A Lease between the City of Spring Lake PlU'k, Minnesota, II Minnesota municipal corporation, 1301 81st Avenue N.E.. Spring Lnke Pnrk, Minnesota. 55432 ("Lessor") and ACC/McCaw Cellular of Minneapolis, (as successor in interest to Minnesota Cellular Telephone Companl' a Minnesom Corporation (d/b/a Cellulllt One)) a joint venture organized and existing under the laws of WlI.Shlnglon Stlm~. and registered in MilUlCsota as a partnership consisting of At'filillted Cellular Company of Minnesota, a coryoration organized and existing under the lllWS of Minneso!ll, llnd McCaw CommunIcations of MinneapoliS, Inc., a corpol'lltion organized and existing under the laws of Minnesota ("Lessee"). with offices ot 2515 24th Avenue South, Minneapolis, Minnesota 55406 was made regarding the following premises: / SEE ATIACHED EXHIBITS Exhibit A. Exhibit B. and Exhibit C The date of execution of the LellS8 was 1anuary 3. 1989. Subject Lease is for a term of five (5) years and shall commence on the 18th day ofJanuu.ry 1989 (the "Commencement Date") and shall tenninllte af midnight on the last day of the month in which the fifth annual anniversary ofthe Commencement Date shall have occurred. Lessee' shall havo the right to extend this Lcll.SC for four (4) addidonal the-year renewal termS. IN WITNESS~HEREOF. tile parties hereto have respectively executed this memorandum this ..lZ.'\:iny of O( fnk:Jt'..:r... 1995. o I - '3 0 - ~ y -- / c/ - 00 '" 4 00 ~ $'" OO~1 OOt.{'OI,( / ;# 3 SENT BY:Xerox Telecooier 7021 ; 2-20-96 '11'53AN . . . l~. I;UN~Ik.U"'lll,1" /'Inu 1:,"J.nll.ll~''':''' Ul '1.................~H.7.~~~~.3.8~755 8923 '. TELEV1SION AND RADIO ~T~NAS ~D SU~PORTING TOWERS 18B.01 '1 j 186.02 '. '. .... ~ Definitions. The following words and terms shall have the fo'lowing meanings in this ordinance: . (1) Antenna. Equipment used for transmitting or receiving tel~ communication, television or' radio signals, which is located on the exterior of, or outside of. any building or structure. (2) Tower. Any pole, spire, or structure, or any combination thereor, to which an antenna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables. wires and braces. permit Required; E^emptions. No antenna or tower of any kind shall hereafter be erected, con. structed or placed. or re-erected, reconstructed, or re-placed, anywhere within the City without first making an application far and obtaining from the City a permit therefor. (1) Exemptions. No permit shall be required for the following: (a) All towers and antennas which do not exceed six (6) feet in height. .. (b) Antennas and towers used by the City of Spring Lake Park for City purposes. (c) Antennas or towers erected temporarily for test purposes. emergency communication, or for broadcast remote pickup operations. provided that all requirements of Seetion 188.04, 188.05 and 188.06 are met, with the exception of 186.04(6) which is waived. Temporary antennas shall be removed within 72 hours. /18B.03 Application for Permit~ Building Permit. All applications for a permit required by this ordinance shall be by building permit and shall be accompanied by a fee of $25.00. 186.04 / General Requirements. All antennas and towers for which a permit is required shall comply with the following requirements: . (1) Antennas and towers shall be grounded for prote~t;on against a direct strike by lightening and shall comply, as to electrical wiring and connections, with all applicable City and State statutes. regulations and standards. (2) No antenna or tower shall exceed a height equal to the distan~e from the base of the antenna or tower to the nearest overhead electrical power line (except individual service drops), less five (S) feet. ' (3) Antpnnas and towers shall be prot~cted to discourage climbing by unauthorized ~ersonS. (4) rIa antenna or tower shall have affixed to it in any way any lights, reflectors, flashers or other illuminating device. or any signs, banners or placards gf any kind, except anG'sign not over ten (10) square inches indicating th~ name of the manufacturer and/or installQr. (5) No tower shall have constructed thereon. or attached thereto, in any way, any platform. catwalK, Crcw'5 nest or similar structure. (6) All towers shall be canstructad of corro~1ve-resistant steel or other ~orrosive-resistant, non-combustible materials. Towers shall not be constructed or made of wood, including timber or lags. . .62a- New: '6/88 . NO ,.,' "M' .'._ '. .. -'. -... SENT BY:Xerox Telecop~~r .70~1,;.. ,2~~~~:96 :Jll~~~~l}"i.,;.;,: '. '. ~;12?B~.~;~~t7,55 B.9g: (7) No"part'bf'any~'a~teiina or~~t~~~~."n~~'ar\y lines, eaiiles'~' . equipment. wires or braces used in connection with an~ tower. or antenna shall. at any time. extend across or over any part of a street, sidewalk or alley. (S) Each tower or antenna erected within.the City of Spring ) Lake Park shall be inspected at least every five (5) years to insure continued maintenance and safety of the structure. An inspection fee of $25.00 shall be charged for the inspection. (9) Any person erecting an antenna or tower within the City of Spring lake Park shall show proof of liability insurance covering personal injury or property damage in the event that such damage or injury is caused by the sttilcture. . 188.05 LocatiOn. (1) No part of any tower or antenna shall be constructed. located or maintained, at any time, permanently Or temporarily, within any setback required by the zon1ng ordinance for a principal or accessory structure for the zoning district for which the antenna Or tower is located. (2) No antenna or tower shall be constructed, located or main~ tained at any time, permanently or temporarily. in the front yard of any residential district. . (3) No person shall erect more than one (l) antenna Or tower on a residential parcel within the City of Spring Lake Park. 188.06 Height Restrictions. (I) No ground mountad antenna, tower or tower with an antenna shal1 exceed seventy-five (75) feet in height, rneas~red from the base of the tower or antenna, whichever is lower, to the hi9hest point of the antenna or tower, whichever is higher. . (2) Towers mounted on a bui1ding or structure shall not extend . -' over twenty-five (25) filet above the highest point of the roef of the. building or structure. 1B8.07 Varian~es. Variances for the literal provision Of this ordinance shall be processed and granted Or denied in the same manner as var1ances are handled under Chapter 31.05. lSB.OS Abandonment. At such time as the antenna or tower erected shall not be used for its intendQd purpose for I period of one (1) year, it shall be deemed to be abandoned and' must be removed within ninety (90) days of notice by the City. . lBB.09 Violation; Penalty. t (1) Misdemeanor. Any person who shall violate any proVision of this ordinance shall be guilty of a misdemeanor and subje~t to a fine of S700.00 or 90 days in jail, or both. (2) Other Remedies. In addition to the penalties imposed by this ordinance. the City may exercis~, with or separately from such penalties. all and any other legal and equit~ble remedies then available to the City by this ordinance. or by statute, or by other ordinances of the City. or by applicable rules or re~ulations. to enforce this ordinance, includfng, without limitation, injuct1on. " -62b- New: 6/88 '., :.~... ...- ...... :# 4 " ... . (r'" "'W l\,. SENT BY:Xerox Telecopier 7021 ; 2-20-96 ;11:54AN ; 6127B4363B~755 B~23 / (3) Costs of Enforcement. The person or persons violating this ordinance shall be Jointly and severally liable for all costs inc~rred by the City in enforcing this ordinance against such persons. including. without limitation. attorney~' fees~ witness fees and administrative expensQS. with inte~st on such fees and expenses from the dates incurred until paid at the highest rate then allowed by law, and shall also be jointly and severally liable for all costs. including attor~eys I fees, of collecting such fees, expenses and interest~ with interest on such costs and collection from the dates incurred until paid, at thG same rate as is payable on such fees and expenses. I, ) / -62c. New: 6/88 ;# 5 SENT BY:Xerox Telecopier 7021 2-20-96 :11:54AN . ..... '." l 6127843638~755 8923 :# 6 ~ . . . ,. ) After recording, return to: McCaw Communications Lega1 bepartment 5808 Lake Washington Blvd. Kirkland, WA 9a033 Attn: Leasing Department BUR 'l!OnR L2U~ AG1U!lUU'r THIS WATER TOWER LEASE AGREEMENT ("this Lellse") is entered into this 3rd day of January, 1989, by and be~ween the CITY OF SPRING LAKE PARK, Minnesota, a Minnesota municipal corporation (IlLandlord") and MINNESOTA CELLULAR TELEPHONE COMPANY, a Minnesota corporation (d/b/al cellular one) ("Tenant'I). In consideration of the terms and condi~ions of this agreement, the parties agree as fo~lows: 1. Leased Premises. SUbject to the terms and conditions or this Leaso, Landlord leaseS to Tenant and Tenant leases from Landlord a certain portion of the real property owned by Landlord which is located at 8249 Arthur Street in Spring Lake Park, Anoka county, Minnesota, an~ legally described in ExhiD1t A attached hereto (the "Property"), subject to any and all existing ,/ easaments. Landlord also leases ~o Tenant and Tenant leases trom Landlord certain space on .Landlord's water tower (the "Towerll) located on the Property, as more particularly described in Exhibit B attached hereto. The actual location ot the leased premises on the Tower an~ on the ~roperty shall be as depioted in Exhibit C attached hereto. 2. Term: Renewals. The term of this Lease shall be five (5) years, commencing on the date Landlord receives written notification from Tenant whioh confirms Tenant's receipt of all required government~l approvals, including any necessary building permits (the "Commencement Datell), and terminating' at midni9ht on the fifth annual anniversary of the Commencement Date. Tenant shall have the right to extend this Lease for four (4) additional five (5) yaar ~arms subject ~o all of ~he terms and conditions of this Lease. This Lease shall automatically be renewed for each successive renewal term unless Tenant notifies Landlord of Tenant's intention not to renew the Lease at least thirty (30) days prior to the e~iration of the initial term or any renewal term. 3. Rent. (01) Upon the Commencement Dato, Tenant shall pay Landlord, as rent, the sum of Five Hundred ($500.00) Dollars per month ("Rent). Rent shall De payaDle on the first day of each month in ,) 1 6127B4363B~755 8923 J# 7 SENT ,BY:Xerox Telecopier 7021 2-20-96 ;11:55AN i / . .' \ advance to the city of Sp~inq Lake Park at Landlord's add~e55 specified in Paraqr~ph 12 below. (02) On the fifth anniversary of the commencement date of the term Qf this Lease, the rent payable by Tenant shall be inQreased based upon the inorease in the cost of living index (CPI) during the five (5) year period. The amount of the adjustment shall be determined by using the u.s. Department of Labor, Bureau or Labor Statistics, Consumer Price Index, Minneapolis-st. Paul, for all urban consumers. (CPI-U) The cost of livinq adjuGt~ont provided for herein shall bo compounded for the five (5) year period. In no event shall the rent be increased to reflect an increase in the CPI for any five '(5) year term by more than twenty (20%) percent. This rental adjustment ohQll take place at the commencement ot'every five (5) year Laase period. (03) If this Lease is terminated at a.ti~e other than on the last day ot a month, Rent shall be prorated as of the date of te:t'll\ination and, 1n the event. ot terminat.ion for any reason other than nonpayment of Rent, all prepaid Rents shall be refunded ~o Tenant. / (O~) Tenant. ~h~ll provide t.o Landlord, within thi4ty (30) d8YS of the Commencement Date, three (3) Uniden CP2000 transportable cellular telephones with one extra battery each or equivalent units at Tenant's discretion.' Said phones shall become the property ot Landlord, including all manUfacturers warrant.ies that. apply. Landlord agrees t.o execut.e one year minimum subsoriber agreements with Cellular One for Aaeh phone. Landlord shall be charged for use of said phones at the currently available Government rate or succeeding rate structure that may ~upercede said Government rate during the term ot this Lease or s8id Subscriber aqreements. 4. Use. Tenant may use the leased premises for the Installa~lon, operation, and. maintenance of facilitie~ for the transmission and recept.ion of radio communication signals in such frequenci9S 8S may be assigned to Tonant by the FedGral COIllIl\unications COIn1l1ission (the "FCC") and for the stor:age of related equipment in accordance with the terms of this Lease. Tenant shall use the leased premises 1n co~pliance with all federal, st~t.e, and local laws and ~e9Ulat.ions. LandlQr~ aqree~ to reasonably cooperate with Tanant in obtaining, at ~anant'8 expense, any federal licenses and permits required for Tenant's usa of the leased pre~ises. 5. Inst.allation of Equipment. and Leasehold Improvements, Access; Utilities. (01) Tenant shall have the right, ,at its sole cost and expense, to inst.all, operate, and m~int~in on the lea5e~ portions of the Tower described in Exhibit B attached hereto, all of the equipment, personal property, and facilities described in Exhibit ,I 2 6127843638~755 8923 :# 8 SENT BY:Xerox T~lecopier 7021 2-20-96 ;'1:55AN " . . / D attached hereto, which facilities include radio transmitting and receiving' antennas (the "Antenna Facilities'I). 'l'enant's installation of all such equipment, personal property, and facilities shall be done accor~lng to plans approved by Landlord, and no Q~ipmant or property shall be subsequently moved withQut Landlord's approval with such approval not to be reasonably withheld. The Antenna Facilities shall remain the exclusive property of Tenant, subject to the provisions of Paragraph 7 of this Lease. / Tenant may update or replace the Antenna Facilities from time to time with the prior written approval of Landlord, provided that the replacement faci11ties are not greater in number than the existing facilities and that their location on the leased portions of tho TOWer is satisfactory to the Landlord. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities, and any supplemental materials as may be reasonaQly requested, tor Landlord's evalua~lon and approval, which approval shall not be unreasonably withhold. (02) Tenant shall have the rig'ht, at its sole cost ana expense, to install, operate, and maintain on the leased portions of the Property the improvements described 1n Exhibit E attached here~o, whioh improvemen~s ineludo buildinq to housa Tenant's equipment (the "Equipment Building"). All such improvements shall be constructed in accoraance with Landlord's specifications and according to a site plan approved DY Landlord. The Equipment Buildinq and all equipment stored or operated therein shall remain the exclusive property of Tenant, subject to tho provisions of Paragraph 7 of this Lease. No equipment shall be stored on the Property outside of the Equipment Building. Tenant may delete or remove all or portions at the Antenna Faoilities at its sole discretion. However, any additions to or movement of the Antenna Facilities shall be done only with Landlord's approval, which shall not be unreasonably withheld. Any additions, alteration~ or deletions of Antenna Facilities ~hall not alter the terms and conditions of this Lease. (03) Tenant, at all times durinq this Lease, shall have vehicle lnqress and egress over the Property and access to the Equipment Building' and the Tower by means of the existing and proposed accass rOBd described on Exhibit E att~ched hereto. (04) Tenant, at all times durinq this Lease, shall have access to the Property and the Equipment Building in order to install, operate, and maintain its trans~ission facilities. TQnan~ Shall have acoes~ ~o the Tower only with the approval of Landlord and in the presence of an employee of Landlord who can admit Tenant through landlord's security system on the Tower. Tenant shall request accass to the Tower twenty-four (24) hours in advanoe, and Landlor4'$ approva1 ther~of shall not be unreasonably withheld. / 3 SENT .BY:XerOx Telecopier 7021 2-20-96 ;11:56AN 6127843638~755 8923 :# 9 . ", J (05) Tenant shall separately meter charges for the consumption of electricity and other utilities associated with . its use of the leased premises and shall pay all costs associated therewith. ' (06) Tenant shall provide LandlQrd with as-built drawings of the equipment installed on the Tower and the improvements installed on the property, which show the actual location of all equipment ~nd improvements. Said drawings shall ~. accompanied by ~ eomplatA and dotailad invQntory of ~ll aquipmant, personal property, and Antenna Facilities actually placed on the Tower. (07) Tenant shall have sole responsibility tor the mainten~nce, repair, and security of its equipment, personal property, Antenna Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 6. Intorfereno$. Tenant's inst~llation, operation, and maintenance of its transmission facilities shall not damage or interfere in any way with Landlord's water tower operations or related repair and maineenance act1v1e1es. Landlord, at all time~ durin~ thiB Lea5e, rc~crve~ the ri~ht to take any action it deems necessary, in its sole discretion, to repair, ttaintain, alter, or improve the leased premises and to temporarily interfere with ~enant's transmission operations or remove any of Tenant's personal property, equipment, or Antenna Facilities as may be neoessary in order to carry out any of such activities. Landlord aqrees to give reasonable advance notice of any such activities to ~enant and to reasonably cooperate with Tenant to carry out such activities with operation. Landlord in no way guarantees to Tenant noninterference with Tenant's transmission operations, ~rovidedr however, that in the event any other party requests permission to place any type of additional ~ntanna or eransmission facility on the Tower or the Property, the procedureB of thiB Pereqraph G ahall govern to determina whethar suoh &ntQnna or transmission facility will interfere with Tenant's transmission operations. If Landlord receives any such request, Landlord shall submit the proposal to Tenant tor review tor noninterference. Tenant shall have ~nirty (30) daye following reoeipt of said propoeal ~o make any objections thereto, and failure to make any objection within said thirty (30) day period shall be deemed consent by Tenant to the installation of antennas or transnission facilities pursuant to said p~cposal. Any dispute between ~ndlord and Tenant regarding the proposed additional inatallation(s) and its potential tor interference with Tenant's transmission operations shall be resolved by submitting the issue for decision to an independent third party mutually agreed upon by Landlord ana Tenant, whose deoision regarding interterence shall ~e bin41hg on both parties hereto, and whose expenses shall be borne equally by both parties. / 4 6127843638~755 8923 }#10 SENTBY:X~r9x Telecopier 7021 2-20-96 ;11:57AN , . . J In the event Tenant's transmission operations interfere with any type of electronic reception or transmission of o~ner parties in the sqrrounding area, Tenant agrees to remedy 8uch interference in accordance with applicable regulations and standards of the PCC. Tenant warrants that it shall maintain all of its Antenna Facilities in full compliance with all applicable regulations ot the FCC. 7. Termination. Except as otherwise provided herein, this Lease may be terminated by one party upon sixty (60) days written notice to the other party as follows: (a) by either party upon a aefaqlt of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant of any other provisions hereot) r (b) by Tenant it it is unable to obtain or maintain any lioense, permit, or other governmental approval necessary for the construction and/or operation of the transmission or becomes unacceptable under the Tenant's design or engineering specifications for its Antenna Facilities or the communication 5Y5tem5 to which the ~tenna Facilitie5 belong; (c) by Landlord if the Spring Lake Park city council decides, in its sole discretion and for any reason, to redevelop the property and/or discontinue use of or remove the Tower; or (d) by Landlord if it determines, in its sole discretion and for any reason, that the Tower is structurally unsound for use as a water tower, inclUding but not limited to considerations ot aqe of the structur@, damage or destruction or all or part ot the Tower or the Property from any sourca, or factors relating to condition of the Property. Upon termination of this Lease tor any reason, Tenant shall remove its equipment, personal property, Antenna Facilities, and leasehold improvements from the Tower and the Property within sixty (60) days after the date of termination, and shall restore the Tower and the Property to the condition it wa5 in on the Commenoement Date of the term of this Lease, all at Tenant's sole cost and expense. Any such property which is not removed by the end of said sixty (60) day period shall become the property of Landlord. \ ) 8. Insurance. , (01) Tenant shall provide ComprQhensivQ General Liability Insurance coverage, including premises/operations coverage, independent contractor'G liability, comple~ed opera~ions coverage, and contractual liability coveraqe, in a combined single limit or not less than One Million Dollars ($l,OOO~OOO) per occurrence, subject to One Million Dollars ($1,000,000) ~qq~egat.. Tenant m~y a.tiaty tbia r8~ir8m8nt by gnd8rlyinq insuranoe plus an umbrella liability policy. (02) Neither party shall be liable to the other (or to the o~ner's successors or assigns) tor any loss or damage caused by fire or any of the risks enumera~ed in a standa~4 .tAll RiakD / 5 SENT BY:Xerox Telecopier 7021 2-20-96 :11:57AN 6127B4363B~755 8923 :#11 , / \ ) insurance pOliey, and, in 'the event of such insured loss, neither party's insurance company shall have a subrogated claim a9ainst the other. (03) Tenan~ shall p~ovide ~o Landlord, prior ~o the Commencement Date of the Lease term, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company 11censea to dO ~us1ness in the state of Minnesota, which includes all CQveraqes required in ?araqraph 8(01) above and con~ainB evidence of the waiver of subroqa~ion contained in Paragraph 8(02) above. Said certificate shall also provide that the cover~qe may not be cancelled, nonrenewed, or. materially changed without thirty (30) days' prior written notice to Landlord. \ ) 9. Camaqe or Destruction. If the Property or the Tower are destroyed or damaged so as, in Tenan~'s judgment to hinder its effective use of the Antenna Facilities, Tenant may elect or termina~Q ~his Lease upon thirty (30) dayc' writton no~ioe to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement or Rent paid subsequent to the date of damage or destruction in an amount that is proportional to the amount of damage or des~ruction i~curred. 10. Condemnation. In the event the whole of the Property is taXen by eminent domain, this Lease shall terminate as of the date title to the Property vests in the condemning authority. In the event a portion of the Prope~y is taken by eminont domain, either party shall have the right to terminate this Lease as of said data or title transter, by qlvlnq thirty (30) days' written notice to the other party. In the event of any taXing under the power of eminen~ domain, Tenant 5hall not be entitled to any portion of the award paid for thQ takinq and Landlord shall receive the full amount of such award, Tenant hereby exPressly waiving any right or claim to any portion thereof. Although all damaqes, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Property, shall belonq to Landlord, Tenan~ shall have the right to Claim and recover from ~he cond~~lnq authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business ~y reason of the taking and for or on accoun~ of any oost or loss to which Tenant miqht be put in removing its equlpment, personal property, Antenna Facilities, and leasehold improvements. 11. Xndemni~ication. Tenant agrees to indemnity, defend, and hold harmless Landlord and its e1ected o~ficials, officers, e~ploYGe., agents, and representatives, fro~ and aqainst any and all claims, costs, losses, expenses, demands, actions, or causes ot action, including reasonable attorneys' fees and other costs and expenses of litigation, wn10h may bo asserted aqain3t or incurred by the city or for which the city may be held liable, which arise from the negligence, willful misconduct, or other fault of Tenant or its employees, agents, or subcontractors in , 6 SENT BY:Xerox Telecopier 7021 2-20-96 :11:58AN 6127843638~755 8923 :#12 , \ / the performance of this Lease or from the installation, operation, use, maintenance, repair, removal, or presence of Tenant's transmission facilities on the Property and the Tower, and specifically including the repre3entations and warranties of Pa~aqraph 13(02) of thia Lea~Q. 12. Notices. All notices, requests, demands, and other communica~ions nereunder Shall be in writing and shall be deemed given if personQlly delivered or mailed, Qertitied mQil, return recoipt requested, to the following addresses: If to Landlord, to: city of spring Lake Park 1301 Blst Ave. N.E. Spring Lake Park, HN 55432 ATTENTION: Clerk-Treasurer with a copy to: Minnesota Cellular Telephone Company (dba Cellular One) 7900 Xerxeg Ave. S., Suite 1300 Bloomington, MN 55431 ATTENTION: Dlr. of Engineering McCaw Cellular communications S808 Lak~ washington Blvd., H.E. Kirkland, WA 98033 ATTENTION: Legal Department If to Tenant, to: / 13. Represontations and Warran~ies. (01) Landlord represents that (a) it has full right, power, and authority to execute this Lease; and (b) it has good and unencumbered title of the Property free and clear of any lien~ or mortqages. Landlord warrants that Tenant shall haVe tho quiet enjoyment of the Property during the term of this Lease in accoraance with its terms. (02) Tenant represents and warrants that its equipment, personal property, and Ant~nna F3cilitias, and any of their component parts or byproducts, do not constitute hazardous wastes or substances under state or federal laws. Tenant further represents and warrants that, in the event or breaXage, leaxage, inoineration, or other calamiFY, neither its equipment, personal property, or Antenna Facilitias, nor any of their component parts or byproducts, would constitute such hazardous wastes or substances 14. Assignment. Tenant may not assign or sublet this Lease without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Any approved sublease that is entered in~c by Tonan~ shall be sUbjoot to all of the provisions of this Lease. 7 SENT BY:Xerox Telecopier 7021 2-20-96 il1:59AN 6127B4363B~755 B923 15. Successors and Assiqns. This Lease shall run with the property described on Exhibit A. This Lease shall be binding upon and inure to the benetit ot the parties, their respective successors, personal representatives, an~ assigns. 16. Miscellaneous (01) Each party agrees to furnish to the other, within ten (10) d~ys after request, such truthful estoppel information as the other may reasonable roquest. (02) This Lease constitutes the entire agreement and understanding of tne parties, and supersedes all ofters, negotiations, and other agreements of any kind. There ere no ropresentations or understandinqs of any kind not set forth herein. Any modification of or amendment to this Lease must ~e in writing and executed by both parties. (03) This Lease shall be "construed in aocordance with the laws of the state of Minnesota. (04) If any term of this lease is found to be void or invalid, such invalidity shall not ~ffBct the remaining terms of this Leaso, which shall continuo in full force and effect. (05) Tenant aqrees to pay Landlord all reasonable expenses incurred by LandlOrd 1n rev1ew1nq eh1s Lease agreement. These I expenses include engineering, legal and other administrative sxpenses, but not to exceed $1,000.00. This lease was executed as of the date first set above. LANDLORD : By: A1(hf-'V d!. t&~ Donald Busch Its city Clerk -Treasurer TENANT: M1nnesota cellUlar Telephone Co. B~~~~ v1d Thaler It. General Manaqer , / 8 :#13 , . SENT BY:Xer~x Telecopier 7021 2-20-96 :11:59AN 6127843638~755 8923 STATE OF MINNESOTA ) ) SS / COUNTY OF HENNEPIN ) u~ The foregoing instrument wa~ exeouted ba~oro me this ~ day of January 1989, by Don Masterson and Donald Busch, the Mayor an~ City Clerk-Treasurer of the city of Spring Lake Park, Minnesota, a Minnesota munieipal corporation, on behalf of the corporation. ~. .;;(-r~ Notary PU))l1c GARrl~RA L NELSON ij\';~R~ Pu911C. MINNESOTA M~OAA CO~NTY My Co:nl'llai.. tx~l... 9-28-89 / :#14 SENT BY:Xerox Telecopier 7021 2-20-96 ;11:59AN .. " . . 6127843638~755 8923 . " / STATE OF H,(\(',t....~ county of ~Y"'f"'\lt.flll '") ) ) ss: ) H19J:l\ before me, a \n('\f c.(')\N. , , ot , the orporation ~at GXGcuted the within and fore inq nstrumant, and acknowledqed tha said instrument to be tha free and voluntary act and deed of said corporation for the uses and purpose~ therein mentlone~, and on oath state~ that rf, was authorized to execute said instrument and that the coal affixed thereto, if any, is the corporate seal of said corporation. WITNESS my hand and the official seal affixed the day and year first above written. dwAk 9~ NOTARY PUBLIC in and for the state of residing at My commission expires: , , / ~~~1>.I..,...~\;!;I:'-.'o!'{1Il.~~"""'~~' 1; l..~:::::.t:~.~.. ~.~.r-l~!r'J':', ~', i:':,:,,'r~'!'n~'~.l : ~J~~i~!~'i~~::;J :#15 . SENT BY:Xerox Telecopier 7021 2-20-96 ;12:00PN 6127843638~7~5 8923 ZXBXB%'f 1& / LEASED PREMISES ON THE ~PER'I'Y Pursuant to that certain Water Tower Lease Aqreement dated January , 1989, between the city of Spring Lake park, as Landlord, and Minnesota cellula~ Telephone Co.pony, as Tenant, Tenant is 1ea.in~ from Landlord a certain portion of the real property owned by Landlord (the "Propertyll), which is legally described as follows: Property Description! Lots 40 and 41, WARREN ADDITION, according to the plat thereot on file ana of record 1n tne off1ce ot the County Recorder in and tor Ancka County, Minnc3ota. / / :#16 , SENT BY:~~cox Telecopier 7021 .. 2-20-96 :12:00PN 6127843638~755 8923 :#17 . ~)(H!8IT ~ Antonna Facili~iQs on Toyer Up to .Ut ('I DIUJF utannu 0.. equtvalant anteMu "'1:1.4 .1'P~l_tell' 84\1*111' ~ _ o.l.".....:wano:. ..f the 'lO"e.. on tM ClUu!4o of the camlk .0 .. 1ICt. t.a "'lo~ uint.enance .ce.... 'l"bell. &M.nnall &'Ce ~Ql J:.. ploG.d gn u. 'tQV.r ~.t.v..n Q _nd. 18 IllUlths fZ'OlIl the C:_~t. lI&t.e of the tA.... Howeve.., t.bey aM11 Dot Ira ap""e~ .." pleced on ~e tcntu' concurrently wlth tha twa ent,nne. de.=ribecS below e~cept .a n,ee.eatY to Qhan~e tro. QD. antenna ~.nflvYr.tjDn O~ the o~D.r. "1...._ :fo.. Il .ad_ at e1,IIt.Hft _a. fl'Oll o_neamant cSUe Of 'p ~.. two fa) Ka~ln '.0-1.. Galli ant.anna. or eqQ1v.Jent. __.. pleoed on 01' near the 'up of the t.llVQ', U1 OlIblee, 1l1l11,OA, OOIlllIlC'l:Or., .nd atbar ouch ha1'dW.re .. aay be required to att4Ch .11 ant.Ilnn<<. to Tenant.'. Oqu1~.llt eh,lter, caDl.. ehell be run Ilorl.ontllly around the bori.ontll portian of the OlItvalk and vutloelly Uon,~ the vartical porti"" ot tha cat.vlllX to anc1 ClOVl'\ the 1.., elr the Tewer nnnat '1'lnant' e e~iPGlUIt .helter. e"XlsrlNG WAr~R TOWQi/' G/J10E' S~/DGIr F'ROPOSCD n:'1/ ~.' SH~'- TeR (to' HIQ.H) PROPOSED IZ' G.oOTE' .... .. SENT BY:Xerox Teleco ier 7021 ; 2-20-96 :12:01PN : f ' .'- ------, 1 1 6127843638~755 8923 ..... ..f:"'\~'. ". ~ ., ....., ~~ll~ . ~ !J, I r I to C 1 I ml / / / / , / '" 0 ....."" r 11,5=- L ~a r ~ U=~ Co If I'[':.! .t II~ .. if ~ " I r · ~ II!! aia n ;- lfi .::; ~ liT. i i~ Z '> . ~ li'!l t r [Ii i j fll l=~ .. II ,~ ~a i~n 10 ie.l .... I II} i . n ~ ... 1 1\ 11'01( ;-I~ -(I ~!= I. . JIr~ II, 0 . ... oS ~! g i . ~I . f :'1 .. '. . l!i! r ~i i [i i~ I , t Ii / :#18 rn ?< ::c: ~ OJ - -j lJ () t . - ~ ~ ~ SENT BY:~~rox JeJecopier 7021 2-20-96 :12:01PN . ~ . f 6127843638~755 8923 :#19 . . . . ) EXHIBIT .Il PERMITTED EQUIPMENT, PERSONAL PROPERT~, AND ANTENNA FACILITIES ON THE TOWER Up to six (6) DB833F antennas or equivalent antennas spaced approximately equally around the circumference of the Tower on the outside of the catwal~ so as not to ~lock maintenance acce~5. These antennas are to be pl~ced on the tower bGtwaan 0 and 18 monthg from the Commenceman~ Date of the Lease. However, they shall net be'operated or placed on the Tower concurrently with the two antennas described below except as necessary to change from one antenna c.o~riqur~tion at the other. Placement for a maximum of eiqhteen months from commencement date of up to two (2) Kathreln 740~198 omni antennas or equivalent antennas placed on or near the top of the tower. All oab1es, hanqors, oonnectors, and other ~uch hardware as may be reqUired to attach all antennas to Tenant's equipment shelter. Cables shall be run horizontally around the horizontal portion of the catwalk and vert1cally along the vertical portion of the catwal~ to ~nd down the leq of ~he Towe~ nearest Tenant's equipment sholter. I . / SENT BY:Xerox Telecopier 7021 2-20-96 ;12:02PN ... ,. , 6127B4363B~755 8923 . " " EXHIBIT E / ~ twelve (12) foot by twenty-eight (28) foot by eleven (11) foot. high prefabricat.ed concrete equipmant shelter with 8 washed rock finish to be placed at the south side ot the Tower. A twelve (12) toot wide, qr~veled Ol;' dirt access road running west from thQ oquipment shelter to the pUblic Right- of-Way. An ..underground electrical power 5ervica an~ unde~94ound telephone service frolll tho nearest NSP transformer ,to thQ equipment shelter. I ) .. ... .. . .. :#20 INFORMATION SERVICE League of Minnesota Cities 183 University Ave E. St. Paul. MN 55101 , , j \ J ,". / Classification II LfIoDA Huni ci pal i ty --':1opkhrs Date 4-/0-Q/ ---- Subj ect "\ ,-,~\. lCity of H. o.pkins _ tLOf. .~... 1_ <ofncb.l PubUc.tktD) '1 \It tl ~\ . aTY OF HOPKINS _. - tI o. P J IkaMpIa Qlunty, MIa...... ',' , "ill) _' ORDINANCE NO. 1l-47Z . . _ . AN ORDINANCE AMENDING HOPKINS ZONING ORDINANCE . '-:i'SEC110N5eOPERTAIN1NG.'IOANTENNAS.,.,-. ..... ..' ."". BE IT.ORDAINEIl, by !be aty CoonciI of tbeatYuHopIdns aslollows: -... _,L . - - ~.~ .' - .." . Tha~ tbe HO{lkins ~ning Ordinance No.. 515 be"'!'i lbo same II hereby~ by adding u;., ,.;. f~ .~~~:,,!~(:'J-':"~ 5U:'~Zoamg:~;:,,~~W:::' ....:.<S.'~ .., ...~~;r(:'"!YZ~i;-jI?-((:< :J SUbd: a. ""I.....' a system of ~ po1es. ~ reIIec:llDg discs,.... SiiniIar._ uoed lor.ID>i . lbe lnDsmissioa... ~oa of ~c J"8""'" ~ "Y*m is,extemaI.l? "'-~~cI!ed__,;;... . Jo the extericr 0( any stz:ucture.. ~.....c .0-.... _' -- ,+. ....."'" :..r_-I__ '__' ,_~~,,,,,,'.'.. -; - '\;.>:.I~ h:X"'-"i", ~,Subd.Il5.1\'aasml..1oa 'IbMr'comm.rdah a Structure. situat.edoaa ~..ddtdlaI&ile tha1:;;'.~.. J is iDImded for traDsmilling... re<:eivlng -. radio, ... tdeIlboae ~m'm""'~ 0lll:IudlDt """ l!x*' uoed _y ~publiC. ~ ~uoi<;flioas. An AM radio - is its """1IiIilmIIti~ t~~~.~ ~""be~~'~t~~ a-'~~i~icii.to;;;~-tlhd~tO&f"4h"';'! maximum to which it is capable of beiDg l'Jlsed,lUId IbaIl.be measured fnm lbo !Jl8best-point: m' of !be fiaisbed grade ad~ to lbe atructure ir;ground-riuJunle ... roof-<llOUllleiL. . ... , .~~All subsectioos followi;nl thiese'SuhsectIoos a:f.beft:by ~ ," :;.;err...:.!:', "(.101<;1 s:.:~~~7;1tr~~is{~~~~';.:;.;iii"f~i 'f.., b),.~. '..._.. '..~.- " . Sub~to =_5oo~ 3t..""'~~m il.,,~~a- 1 That !be ~ ZooIag 9\'diIJaDce IjO,.';i60.~~~.amet.dlld as.foIIows:, ,,:';". 't,-;>; ",.r-;' 5OO.OLAddIlIoaaI...qalremeaIL Subdivislonl. H 'I. IiDiIlatioD'as s.tcorthlilan zilaing ~ districls may be inCmisedby 50%. -. tok ' ,'I" .'.~,,.., '''.'; '=y~,. ........~~~~~~ ?~~~~'~~~~~~~~ ) sm~cks .. ....~_:.;t ~... ..-. ~-j,..~.._..,..."'" -:.;:.:...a._~~~~_ ~) water ~ .... . .Ec!hiif. ti~u:e =Heighlsinexcesstben!oflor ~ma~.~lIed'}JY,!~A 560.02. '!naSmlssloa 'IbMr . Commercial . lnDsmissioa ~ shaD be 'lIed with a coaditioaaJ use permit in !be indus. . bicls subiedc to !be ~ :::.c':. , . -a) COlDIDercialli'aDSmiSsioa """"'"Shall . ain~with an"ty bIiiIding-aM'If.i'G. I el~~~~~~~' beeu:~~:;-;;;;..~~-~; rr ~. -: _ . c)--mcatioa lha1lbe ~ S)5lem inslaILiticn!>aYe been approved bya pro-.-m" ' f~:~i:"~'written autbOm.ation ftom ~ ~ ~:~--:~ ~t! ~.t!' ~!:thf~ ~I' e) DO advertising message shall be. 00 the t.ower-structure:-- r'ir"~."'t'f. -H'\:') ~;....... o shaDCOlIlplywithselbaclr:~tsif...priDcipaJslrucllIresandiDDO~'shaD . -. . be located _ !be pri1>cipalslluclure~!be trout Iolline~.:' ,,,.' .,-; ,:;. . g) lransJDissiOlfIOYieJs lhlltareDOl seu - . shaD be supported by objects wilbia,.. . _ .. ;.. ~r~~.y.~~~~.nt-a;;s~'~;~.. '~~~.~:;,:;:;":~; I tures shaD be screeaed to !be greatest extent practicable to IIl1lIIJIlI7.e visual iJ!1pacls oa ;'".;., .. .:" .." sumlWIdingc=: 5cr'ee<IinlI shaD ~ude landscape maleriaJs... ar'cbil<<tllraI,....",. _ .. _ features that - with !be elements and cbaraclerislIcs of !be """"'"' for ground: ~e, r; . mounled -. and materialS compatible W1~'_ uliIized oa lhlierlericrcllhe bUildiq(-'';: r f~)~~tedan~a pluperty tiDe ".V ~i:~~1~::thet~~~~-;:~~:~ i andeagineeredtocollapoeprngressively . . !bedislaDce_lbe_. lbe..."..'. . property line except if there is a .... that aty Council indicates will DOl be affected ..byil==;~=~t~ ~~~~~.~-.;,~ . sica (~~:.:.~~~~.'i}~~:"'::' . kl toomi sbil.ll be in _liancl!with 'federal &Via ,":'CFAA) ~eats; ".v)~~' ~ . ~".:.s'~ .~~ 'l!.;,..n .~" . I) ~ shaD require security fenciDl! ,beigbhiouDd ~ - .-. m) !.owen shaD DOl be artificially light.ecf 1DIIess...pred by lbe FAA <r state di~i~ieast two off-street parking spaces~\. ODe additiooa1 space ror each two on.ate--: personnel will be pl'OY1ded; . . ' " 0) all transmiSSion towers shaD be built at:ruCtm-ally accommodate the max1niuni'_~ number of [_bl. uses t.ecimicaUy cticabIe; . _ -. p) DO cooditioaaJ use permit will be gran:.t;for a traasmissioa _ until !be existing ! lranstnissioa tower is fully utilized. . q) that one commerdal transmissioo ...1saIkMedpersite..~;" :;-"'!;-,f.jF..... r) that !be maximum heighl of a COOlIIJj%ciaI traasmissioa tower is 75 feet. . ". :.. 500.03. ""......... Anleaaas used for a COO1lI1eI'C!lJ .... may be allached to existing slructures in residential and business dislricts . . ding DO jilllemla is :!1l feet taUer than lhe existing - lure. Only two anteonas may be.~ 00 anfexisting slroclure.' .'. ,..:', "'." : First Rea~' >,': ~:..-~:::'_ 'c..,. . ~.. FelJruarY. 5, 199t Second Reading. ... I - ... April 2. 199t. . Date of PubUcatioo,. -April 10. 199t i \ Date Ordinance is Ef[ective: ,_ ~~'~y;.~ . ... JAMES A. GENElLIE ,;. . '; .-' ~:~::k -. . , IAprillO.,l9911.HOP r-- . , / [ I , t- ORDINANCE NO. 506 CITY OF BURNSVILLE DAKOTA COUNTY MINNESOTA AN ORDINANCE AMENDING TITLE 10, CHAPTER 29 OF THE BURNSVILLE CITY CODE ALLOWING ALL SATELLITE DISHES AS PERMITTED ACCESSORY STRUCTURES THE CITY COUNCIL OF THE CITY OF BURNSVILLE ORDAINS AS FOLLOWS: Section 1. Burnsville City Code Title 10, Chapter 29, Section 10-29-2 is hereby amended in its entirety by the following: '. CHAPTER 29 PRIVATE AND COMMERCIAL ANTENNAS SECTION: / .10-29-1: 10-29-2: 10-29-3: 10-29-4: 10-29-5: 10-29-6: Purpose Definitions Conditional Uses, Connection to Municipal Antenna Site Location Standards Existing Transmitting and Receiving Facilities 10-29-1: PURPOSE: It is the purpose of this Chapter to regulate antennas in the City. ., 10-2.9-2: DEFINITIONS: ANTENNA: A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures. COMMERCIAL RECEIVING and/ or TRANSMITTING ANTENNA: Any antenna erected for the commercial use of the information. r ORDINANCE No. 506 Page 2 , / SATELLITE DISH ANTENNA: A combination of (1) a dish-shaped antenna for receiving communication or other signals from orbiting satellites and other extraterrestrial sources; (2) a low-noise amplifier (LNA) situated at the focal point of the receiving component for magnifying and transferring signals; and (3) a coaxial cable for carrying the signals into the interior of the building. MUNICIPAL ANTENNA SITE: " A location in the city on which is located one or more radio or television antennas available for connection and use by any person, firm or corporation in accordance with the provisions of this Title. [ PRIVATE RECEIVING AND/OR TRANSMITTING ANTENNA: Any antenna erected for the noncommercial use of the information. '/ 10-29-3: CONDITIONAL USES, CONNECTION TO MUNICIPAL ANTENNA SITE: (A) Private receiving or transmitting antennas more than twenty feet (20') in height above a man-made structure or more than fifty feet (50') in height above the ground if constructed on the ground, are a conditional use. (B) Commercial receiving or transmitting antennas regardless of height or size with the exception of satellite dish antennas shall connect to and use the Municipal antenna site if use of such facilities is technically feasible. (C) Commercial receiving or transmitting antennas not located on the Municipal antenna site shall require a conditional use permit. (D) The applicant shall present documentation of the possession of any required license by any Federal, State or local agency. 10-29-4: LOCATION: For the purpose of regulation, all '. antennas shall be considered accessory structures and be subject to the appropriate requirements of Section 10-7-4(A), (D), and (E), and the setback requirements established for accessory structures in the applicable zoning district. \ / r / r il It !' ORDINANCE No. 506 Page 3 10-29-5: STANDARDS: All antennas shall be designed and situated to be visually unobtrusive, shall be screened as appropriate, shall not be mUlti-colored, and shall contain no signage, including logos, except as may be required by any State and Federal regulations. 10-29-6: EXISTING TRANSMITTING AND RECEIVING FACILITIES: Existing transmitting and receiving facilities at the time of the adoption of this Title may remain in service. However, at such time as any material change is made in the facilities, full compliance with this Title shall be required. No transmitting or receiving antennas may be added to existing nonconforming facilities. section 2. E(fective Date. This ordinance shall be effective immediately upon its passage and publication according to law. PASSED AND DULY ADOPTED THIS 8.th day of December, 1993, 'by the Burnsville City Council. I CITY OF BURNSVILLE ATTEST: ~ . ~1-" I? c&~~ .-/ Susan P. Olesen, City Clerk 10-7 ) 10-7-3: LOT PROVISIONS: (A) A lot of record lawfully existing upon the effective date of this Title in an R Residential District which does not meet the requirements of this Title as to area or width may be used for a single family detached dwelling purpose provided the measurements of both the area and width are each within seventy percent (70%) of the requirements of this Title. The lot of record shall not be more intensively developed unless combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of this Title. (B) Except by the use of a conditional use permit or planned unit development, not more than one principal structure shall be located on a lot of record. 10-7-4: ACCESSORY BUILDINGS AND STRUCTURES: / (A) No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. (B) No accessory building or structure shall exceed the height of the principal building or structure. However, in no case shall such accessory building exceed twenty feet (20') in height in the R District. (C) In all R Districts no accessory building or structure shall exceed one thousand (1,000) square feet of floor area except by conditional use permit. (D) No accessory structure or building except detached garages shall be located nearer the front lot line than the principal building or structure on that lot. (E) All accessory building on through lots located in R Districts, except attached garages and shall require a conditional use permit. (F) No cellar, basement, tent, trailer or accessory building shall at any time be used as an occupied dwelling. (G) No accessory building or structure, unless an integral part of the principal building, shall be erected, altered or moved within five feet (5') of the principal building. / t / SECTION: 10-29-1: 10-29-2: 10-29-3: 10-29-4: 10-29-5: 10-29-6: 10-29-1: 10-29-2: ANTENNA: CHAPTER 29 PRIVATE AND COMMERCIAL ANTENNAS Purpose Definitions Conditional Uses, Connection to Municipal Antenna Site Location Standards Existing Transmitting and Receiving Facilities PURPOSE:. It is the purpose of this Chapter to regulate antennas in the City, DEFINITIONS: A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures. / COMMERCIAL RECEIVING and/ or TRANSMITTING ANTENNA: Any antenna erected for the commercial use of the information. SATELLITE DISH ANTENNA: A combination of (1) a dish-shaped antenna for receiving communication or other signals from orbiting satellites and other extraterrestrial sources; (2) a low-noise amplifier (LNA) situated at the focal point of the receiving component for magnifying and transferring signals; and (3) a coaxial cable for carrying the signals into the interior of the building, MUNICIPAL ANTENNA SITE: A location in the City on which is located one or more radio or television antennas available for connection and use by any person, firm or corporation in accordance with the provisions of this Title. PRIVATE RECEIVING AND/OR TRANSMITTING ANTENNA: / ~ -:~ Any antenna erected for the noncommercial use of the information, ) 10-29-3: CONDITIONAL USES, CONNECTION TO MUNICIPAL ANTENNA SITE: (A) Private receiving or transmitting antennas more than twenty feet (20') in height above a man-made structure or more than fifty feet (50') in height above the ground if constructed on the ground, are a conditional use. (B) Commercial receiving or transmitting antennas regardless of height or size with the exception of satellite dish antennas shall connect to and use the Municipal antenna site if use of such facilities is technically feasible. (C) Commercial receiving or transmitting antennas not located on the Municipal antenna site shall require a conditional use permit. (D) The applicant shall present documentation of the possession of any required license by any Federal, State or local agency. 10-29-4: LOCATION: For the purpose of regulation, all antennas shall be considered accessory structures and be subject to the appropriate requirements of Section 10-7-4(A), (D), and (E), and the setback requirements established for accessory structures in the applicable zoning district, / 10-29-5: STANDARDS: All antennas shall be designed and situated to be visually unobtrusive, shall be screened as appropriate, shall not be multi-colored, and shall contain no signage, including logos, except as may be required by any State and Federal regulations. 10-29-6: EXISTING TRANSMITTING AND RECEIVING FACILITIES: Existing transmitting and receiving facilities at the time of the adoption of this Title may remain in service. However, at such time as any material change is made in the facilities, full compliance with this Title shall be required, No transmitting or receiving antennas may be added to existing nonconforming facilities. / - 2 - POLICY NUMBER 5.240. I RADIO ANTENNA RENTAL RATES I. PURPOSE AND NEED FOR POLICY The City-owned elevated water tanks are ideal sites for installation of antennas for private radio systems. The City Ordinance 10-2f-l restricts the erection of private antennas within the City and refer- ences the City-owned antenna field." The City retains a professional consultant to manage the sites and to review the technical specifi- cations for any proposed user. The sites are available for two-way radios and microwave antennas. The sites are very desirable and there are expenses in maintaining the sites and in providing compensation for the professional consultant. II. POLICY , / The City shall charge potential users a fee to off-set the cost of retaining a professional consultant to review the technical data associated with each potential user. Once a potential user is "approved, they shall enter into a lease agreement with the City which shall include a monthly rental rate payment to the City. The rental rate shall be competitive with other similar sites in the metropolitan area. The rates shall be reviewed annually to determine competitiveness. Income from the monthly rental rates shall be used to off-set the cost of maintaining the sites and providing electrical power. III. PROCEDURE 1. The Public Works Department Engineering Division shall annually review and recommend for the following year the antenna field rental rates. In so doing, it assures that these rates are com- petitive with other similar sites in the metropolitan area. 2. The Engineering Division also reviews and recommends the fee for the reviewing of technical specifications and compatibility for each new potential user. 3. The recommended fees are submitted to the City Council for consideration at the annual organizational meeting. When adopted, the fees are used for the following calendar year. 4. The Engineering Division bills and collects the fee for technical review ~rom each potential user. 5. The Engineering Division, on behalf of the City, enters into a lease agreement with each approved user of the sites. (" / . " J / POLICY NUMBER Page 2 5.240 6. The Engineering Division bills and collects the monthly rental fee once the user is situated on the site. IV. RESPONSIBILITY The Public Works Department Engineering Division annually recommends the consultant review fees and rental rate fees and submits them to the City Council. Upon adoption of the rate schedule, rates are utilized for the following year. The Enginee=ing Division bills and collects the approved fees. V. AUTHORITY Administrative implementation of policy. Ordinance 10-2'-1. / Submitted by (]; ,/J ~ ~~11 Date November 23, 1982 ( Reviewed by Date November 23, 1982 ) ( CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE AGENDA tn SECTION Reports of Staff, Committees, Commissions ORIGINATING DEPARTMENT ~ Todd J. Haas, Parks Coordinator APPROVED FOR AGENDA ITEM tn Approve Hiring of Temporary Building Attendants/Field of Dreams BY: /,2. \ ) The City Council is requested to approve the hiring of 2 temporary building attendants for the operation of the concession building at City Hall Park Complex #2 for the upcoming summer. This-position would be responsible for opening and closing of the building, running concessions, sweeping floors, doing general cleaning, etc. The position's hours would basically be Monday - Thursday from 5:00 PM to dark and some weekends when tournaments are scheduled, This has been discussed with the Park and Recreation Commission and they are recommending to create this position. Note: This was discussed on a couple different occasions with the Commission and with the various associations including the Andover Seniors. The associations did not want to make a commitment because of the problems they have had in the past where parents would be scheduled for concessions and they did not show up. Marion Heidelberger, Andover Seniors President, did discuss this with their group and there just was not enough interest. The Commission did discuss the possibility of having an independent vendor run the building but the insurance requirements were to high which in return did not create any profits. The building does belong to the City, therefore it is our best interest that the individuals work for the City to ensure that the floors are swept, vandalism does not occur, doors are locked and lights are off at the end of each night. The position would be funded through profits made off concessions. The hourly rate would be around $7.00 an hour with no benefits which was the rate that was paid to the skating rink attendants this past winter. The Park Coordinator will be the supervisor of the position. A job description would be prepared by the Park and Recreation Commission with help from staff. , '. J MOTION BY: SECOND BY: '\ j Two employees would be needed for rotation and if one of the individuals were ill the other could be called to fill in. Also, with tournaments on the weekend, they could do split shifts. If you have any questions, feel free to contact Jean McGann, Finance Director. , ) \ , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE 3/6/1996 I ORIGINATING DEPARTMENT Andover Public Works Division APPROVED FOR AGENDA Reoorts of Stat[ Committees. Commissions ITEM NO, Change Status / Mechanic /3. BY: Frank Stone @ BY: When we prepared the 1996 General Budget for the Public Works Division, I requested monies to change the status of our temporal)' part-time mechanic to full-time, However, through the budget process this position was removed, I now ask Council to reinstate this request and change the position status to full-time, Mr, Scott Hautala has been with us now for just about a year, He started with us just before Mr, John Wallace left for his eight week surgery/recovery on his wrist operation, During Mr, Wallace's absence, Mr, Hautala being a qualified jowneyman mechanic, kept the Division rolling, He has done an outstanding job for the City, After Mr, Wallace's return to work, Mr, Hautala was laid off before four weeks had gone by, I asked the \ administrator to let Mr, Hautala come back. The workload had backed up and we were forced to send trucks out J for repair, At an average of $60lhour for outside shop time (plus delivery and pickup), we would deplete our budget in no time, Mr, Hautala has been working four hours a day, four days per week. The number of vehicles is growing as the City continues to grow, At this time, we have had to send out two fire units because Mr, Wallace didn't have the time to get to them, It's very important we do not send a unit out for repair when we can repair it in-house for 1/3 the cost. The wages and benefits for the last ten months of 1996 would be $31,500,00 This position falls into the 1996 wage rates, under Mechanic - Step 3, at an hourly rate of $14.36, This is considerably less than the outside service fee of$60,OO+lhour, On the second page of this request is a report from the Finance Department of the monies left over from 1995 General Budget. If the Council approves this request, there is no question that there will be more savings for the City of Andover and better all around service, because less downtime and longer life of our vehicles and other off-road equipment. If you have any questions, please give me a call before the meeting, MOTION BY: / , I \ ) CITY OF ANDOVER BUDGET VS. ACTUAL DECEMBER 31,1995 (OVER) BUDGET ACTUAL UNDER GENERAL REVENUE 3,301,250,00 3,588,961,00 287,711,00 EXPENDITURE 3.301,250.00 3,175,770.00 125.480.00 SUBTOTAL - 413,191.00 413,191,00 WATER REVENUE 464,510,00 462,261.00 - 2,249,00 EXPENDITURE 464,510,00 392,036.00 72.474.00 SUBTOTAL - 70,225,00 70,225.00 SEWER REVENUE 705,640,00 568,321,00 - 137,319.00 EXPENDITURE 705 640.00 618.198.00 87.442.00 SUBTOTAL - - 49,877.00 - 49,877,00 TOTAL - 433,539,00 433,539,00 / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE AGENDA SECnON t-O Reports of Staff, Committees, Commissions ORIGINATING DEPARTMENT APPROVED / FOR AGENDA Todd J. Haas, Parks Coordinator ITEM t-O Approve 1996 Park Capital Budget BY: /1. The City Council is requested to approve the 1996 Park Capital Improvement Budget as requested by the Park and Recreation Commission at their February 15, 1996 meeting. The proposed budget is as follows: Park Description Estimate Cost of Improvement . City Hall Park Complex #2 4 bleachers 8 row galvanized steel frame $12,000.00 , ) . City Hall Park Complex #2 4 concrete pads for bleachers Approximately 21 'x22' $7,000.00 . City Hall Park Complex #2 3 pairs of soccer nets $6,000.00 Note: $2,000.00 has been carried over from the 1995 budget for Strootman Park Pond development. '. / MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE ITEM t-Q Approve ResolutionfTrail Fee , Scott Erickson, ~t. Engineering . APPROVED FOR AGENDA AGENDA SECnON t-Q Non-Discussion/Consent Item ORIGINATING DEPARTMENT BY: IS, The City Council is requested to approve the resolution establishing a fee to be collected with each building permit for the development of the City's transportation trail system. The fee is established at $250 per building permit. Although the fee will not fund our entire trail network, it will help to augment existing funds and/or future grant requests for trail development. \ I / , ) MOTION BY: SECOND BY: '. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ESTABLISHING PERMIT FEES TO BE COLLECTED BY THE CITY OF ANDOVER FOR THE DEVELOPMENT OF THE TRANSPORTATION TRAIL NETWORK. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: ) The following permit fees are hereby established: TYPE OF FEE Residential Building Permit (Trail Fee) FEE $250.00 $750.00 Commercial/Industrial Building Permit (Trail Fee) The above fees apply to all new installations. Adopted by the City Council of Andover this -ID!L day of March, 19 96. / CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk i CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE ITEM t-.D. Scott.Eric~son, lIL Englneenng Q) APPROVED FOR AGENDA AGENDA t-.D. SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Approve Resolution/Fee for Removal of Debris from Streets BY: /6. '. / The City Council is requested to approve a resolution establishing a fee for the removal of sedimentation and debris from the City streets which result from development and building activities. This has been an ongoing problem as sediment and debris enters the City's storm sewer system, ponds and wetlands resulting in additional maintenance work for the City's Public Works Department. The fee will be used to reimburse the cost of the Public Works activities necessary to remove the sediment and debris from the streets within and adjacent to new development and building activities. The fee will be billed to the appropriate developer or builder responsible for the clean up. '. J MOTION BY: SECOND BY: I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. A RESOLUTION ESTABLISHING A PERMIT FEE TO BE COLLECTED BY THE CITY OF ANDOVER FOR THE REMOVAL OF SEDIMENT AND DEBRIS FROM STREETS SUBJECT TO NEW DEVELOPMENT AND BUILDING ACTIVITIES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following permit fees are hereby established: TYPE OF FEE FEE Removal of Sediment & Debris from Streets $ 80,OO/Hour (Minimum 1/2 Subject to New Development & Building Activities Hour Charge) Adopted by the City Council of Andover this ~ day of March , 19 96. CITY OF ANDOVER . / ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t-n Non -Discussion/ Consent Items FOR AGENDA ITEM City Clerk t-n BY: Approve Kennel Lic, Renewal/ V, Yolk ~ ,~)JJ /7, L. Olson The City Council is requested to approve the renewal of a kennel license for Lynne Olson, 3122 -153rd Avenue N,W, This is a private kennel with 6 dogs, All fees have been paid and all dogs are licensed, We have not received any complaints regarding this kennel in the past year, \ I , MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE AGENDA SECTION t-O Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson'dt Engineering APPROVED FOR AGENDA ITEM t-O Six Month Probationary Period/ Construction Inspector BY: If The City Council is requested to approve the successful completion of the 6 month probationary period for Jeff Adolphson, Construction Inspector. Mr, Adolphson has demonstrated a high level of professionalism and expertise and is an asset to the Engineering Department and the City, ) , \ ./ MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE AGENDA SECnON r-.o Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, ~t Engineering APPROVED FOR AGENDA ITEM r-.o Declare CosUOrder Assessment Rolli Crown Pointe EasU94-22 BY: /9. The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll for Project 94-22, Crown Pointe East. '. ) \ / MOTION BY: SECOND BY: , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREET, FOR PROJECT 94-22, CROWN POINTE EAST THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: . .I WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 649.892.82, and the expenses incurred or to be incurred in the making of such improvement amount to $ 167.598.75 and work previously done amount to $ 236.606.50 so that the total cost of the improvement will be $ 1.054.098.07. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1, The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 48.751.12 the amount to be assessed against benefited property owners is declared to be $ 1.005.346.95 . 2. Assessments shall be payable in semi-annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 1997 , and shall bear interest at the rate of L- percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4, The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member and adopted by the City Council at a reQular meeting this 6th day of March ,19 96, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER \ " ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk ) ANl)OVKR. SPECTllT. JLSS1I:SSMKNTS l'ROJECT NO.: 94-22 PROJECT NAME Crown pointe East FI!:ASI5ILIrl" S:roDY: Date liI:=p",.....h"r 19. 1994 CONTRACT AlfAlU): Date Maran 7. 1995 FINlI.Y. CONTRa.C'I' COS'!' Engu.ee.,Lng:' Ae~ial Mapping (1' of st~eet) D~ainage 1'1an (0.3' of street/sto~) Administ~ation (3" Assessing (1%' Invoice Bond.ing (0.5" Legal , Easement Advert. i s.ing City Expenses Testing: Braun rnterte~ gf!tr~o T""h othe~: (J R "">It C.,11n1".. Construction Interest (6.0" 3/7/95 to 11/7/95 = 9 Months TOTAL EXPENSES (' of ~inal COnt~act Cost - 25.7887') TOTAL CONDEMNATION CORTS ./ TOTAL Pno.TIlCT C08'l' Trunk Source and Storage' Watermain, Conn.ceion Charg. Area Charge Late~al Cha~ge San~t~ry Sewer: Co~neetion Ch~rge Area ChargE! Lateral Charge stQ;l;l\\ Sewe:r;: Uea Charge $ [$ $ $ !J $ ~ 1~7 ~30 00 40.590.00 n no 30.495 00 38.191.50 0.00 0.00 TOTAL TRUNK SOuncE AND STOMm!: Amount $ 1.006 ~2~.OO amount ~ 636.842 90 $ 64!L 892 82 . Ii $ ~ $ $ :$ $ $ $ $ $ 96.360 00 1.728.84 869.01 1q dQP; 78 " 4qA 91 :3.249,46 1,125 00 299 50 2.928.47 :'l 132.14 :HlOO 192,34 $ ':I' 6/12 28 + $ 167.598.75 + $ Nt1\. $ 617.49:1..57 .. (-1.!U-Un;.t (~cres (--2-LF · (~Un.it" (~cres (-2-L!' (-2-Acres e $1~90.00) @ $1.100.0Q), 9 ~ 0.00) e $ 2R!> 0Cl) @ $1. 035 00) 8 $ 0.00) e $ 0.001 +$ 23S,6OS 50 48,751 12 City Share: S~A 7~~ ~~ X 1 25788~ (... ~ab~.. A, a, c, 0 ~ ~ -$ for details) Subtotal $ ':rO'l'JU. '1'0 as ASSl:881J> Current Assessment per LO~: $1.005.346.95 ~ $ 9,395.77/Lot *107 loots FeaSibility Report 9/1~/94 - $11,609.69/Lot 181,855 ~Q $ 1.DDS.346.gS · There are three outLots that were provided with sanita~ sewer and w.termain services. These _ere partially aSlleBBed. If at a later dat.E! these outlot.. become buildable they will l:le furthe:t: assessed. at that time. A list of anessmeElta paid. and. remaininq assessments can De foun~ on ~able ~. .' 60/Ca'd mea C6Z ci9 t:mU. Sl :vi 9S6i-E;C-EB::I ,) Assessment Roll Computations Crown Points East City Project 94-22 Andover, MinnaSlota Commission No. 10784 Lateral Banorlt 1. Sanitary Sewer Rnal Construction Cost Exp9ns9$ (25.7887"10) Less City Sharg ($6,863.80 x 1.257887) Including Expanses See Details Below - Table A Assessabha / 9:202.541.26 :: 107 lots $1,892.91Ilot Tablo A City Share 1. 2. 3. 4. 5. 6 Sanitary Sewer 10" PVC SDR 35 In lieu of 8" PVC (0-10') 10" PVC SDR 35 In lieu of 8" PVC (10-12') 10" PVC SDR 35 In lieu of 8" PVC (12-14') 10" PVC SDR 35 In lieu of 8" PVC (14-16') 4" x 10" PVC Wye in lieu of 4.xS" PVC Wyo 10. PVC Cleanout In lieu l'Jf 8. PVC Cloanl'Jut $8.863,ao x 1.257887 :: $8,633.88 .' 1 6e/rn'd rnl30 ~ Z19 $167,880.86 $43.294,29 $211,176.14 - $8.633.88 $202,541.26 1,252 LF x $1,30 $1 ,627.GO 1,131 LF x $1.30$1,410.30 461 LF x $3,30 $1,621,30 122 LF x $4.30 $624.60 46 EAx $35,00 $1,610.00 1 EA x $110,00 $110,00 $6,863.90 10764 l:IDll 91 :vl 9661-EZ-~ Assessablo $197,524.73 = 1 07 Lots $1,846.03/Lot Tabl. B City Sharo Watermain 1. 10. DIP In lIou of S. DIP Watcmnaln Pipe 2_ 10. Seat BFV in lieu of 8- Seat GV $892,80 x $1.257887 = $1,123.04 I 2 60/P\:l'd ffiOO G6G c~9 218 LF x $3.10 1 EA x $217,00 , .' $676.80 $217.00 $892,80 \:IDI.l 91 :l>~ 9561-EZ-B3.:I 10784 , ) Table C City Share i .. Prairie Road: Quantities for the City's share is from 140th lane NW to the south plat line of Crown Points East 835 +/- from centerline of 140th Lane NW 1. Connect to existing Watennain 2. 6" DIP CL 50 Watennain 3, 8" DIP CL 50 Watennaln 4. 6" MJ RES Seat Gate Valve 5. 8" MJ RES Seat Gate Valve 6. 6" MJ HLb Hydrant 7. MJ DIP Fittings 8. Conaete Curb & Gutter B618 9, Aggregate Base Class 5 10. Bit. Sufi.Rem on Prairie Rd. 11. Bit. Wear Course Mix 2331 T 41 12. RemIDisp ExIst.Conc. CaG 13. Sod along Pralrle Rd. 14. Topsoil Borrow 15, Chance Order No.2 Item No.3' Total '\ J $26,767.51 x $1257887 1 EA x $600.00 5 LF x $11.30 655 LF x $13.20 , 1 EA x $383.00 1 EA x $648.00 1 EA x $1,080.00 823 LB x $1.70 288 LF x $10,00 63.5 TN x $6.56 450 SY x $2.00 101.03 TN x $45.00 288 LF x $2.00 980 SV x $2.00 160.0 CV x $7.00 1 LS x ~1,558.00 - $33,670.50 Table D City Share $600.00 $56.50 $8,646.00 $383.00 $648.00 $1.080.00 $1,399.10 $2,880.00 $416.56 $900.00 $4.546.35 $576.00 $1,960.00 $1.120.00 S1 556,00 $26,767.51 Prairie Road: This Includes 1/2 the cost of the watennaln from the south plat line of Crown Polnte East to the north plat line of Crown Polnte East. . 1. 6- DIP CL 50 Watermaln 2. 8" DIP CL 50 Watermaln 3. 6" MJ RES Seat Gate Valve 4. 8- MJ RES Seat Gate Valve 5. 6. MJ Hub Hydrant 6. MJ Rttinos Total City Share Includes 1/2 of $7,972.70 , / $7.972,70 = 2 $3,986.35 x 1.257887 ... $3.986.35 $5.014.38 60/S0'd moo c61 cJ9 5 LFx $11.30 413LFx$13.20 1 EA x $383.00 1 EA x $648,00 1 EA x $1.080.00 208LBxS1.70 3 \:IDI1 $56.50 $5,451.60 $383,00 $648.00 $1,080,00 S35.~ SO $7,972.70 I ,\ 10794 91:vl 9661-6G-a3~ , , ) \ / Watermaln Service on Prairie Road 1, 1"Type K Copper Tap S9rv1ce 2. 1" Corporation S10p 3 1" Curb Stop w JCurb Box T alai $245,90 x 1.257887 . $309.31 3. Storm Sewer Final Construction Cost Change Order No.3 Item 2 Expenses (25.7887010) Assessable $147.453.56 II! 107 Lots Table E City Share $1,378.07/Lot ~. d moo eGG Zi9 26 LF x $5.90 1 EX x $26.00 1 EA lC 9:68.50 4 tl'DIl $153.40 $26.00 ~6650 $245.90 $118,785.45 $437 77 $117,223.22 SgO,230 34 $147,453,56 .' 10784 9i :vi S66i-GG-83.:l \ ) 4. Streets Final Construction Costs $172,884.35 Change Order No. 1 $ 848.70 Change Order No.2 Items 1 & 2 $1.880.00 Change Order No.3 Item 1 $254.15 Total Construction Cost $175,867.20 Expenses (25.7887%) $45353 RS $221,221.08 Assessable $221,221.06 .. $2,067.49/Lot 1 07 Lots Total Lateral Charae Sanitary Sewer Lateral $1,892.91/Lot Watennaln Lateral $1,646.03JLot , Storm Sewer Lateral $1,376.07ILot I Streets Lateral $2.067.49/Lot $7.184.50/Lot Trunk Source and Storage 5. Watermaln Connection Charge .. $1.190,OO/Lot Area Charge 3~.90AC @> $1.1 OO.OO/AC 107 Lots - $37Q,34/Lot 5 10764 60/~'d ~800 c6c ct9 I:lJ>Il ~t:vt 966t-6G-a3~ ) 6. Sanitary Sewer Connection Charge $285.00/Lot Area Charge 36 90AC liJ) $1.035 OO/AC - $35G.03JlDt 107 lots Total Source and Storage $2.204.46/Lot Summary Sanitary Sewer Lateral $1,802.01 Watermaln Lateral $1,846.03 Storm Sewer lateral $1,378,07 Streets Lateral $2,067.49 Trunk Watermaln Connection $1,190.00 Trunk Watermaln Area $379.34 \ Trunk Sanitary Sewer Connection $285,00 ) Trunk Sanitary Sewer Area $ 356,93 Total Unit Change $9,395.77 /Lot " 6 10784 60/00'd E800 c6G ~t9 ,.,., \:IDl1 l. t : j:'t %6 t -6G -EI3.:l I '- / 60 'd ll:llOl Table F Here is a list of the outlets along with th~ PIN numbGr of eaoh outlot, the assessments paid, and remaining assessments if thgSg outlots become buildable. Q!JU2l PIN Nurri>9f A 25-32.24-33-0053 MSessmoots Paid '1..atera Charge Trunk Watermaln Area Charge Trunk Sanitary sewer Area Charge B 25-32.24-33-0054 -udn Charge . Trunk Watermaln Area Charge Trunk Sanitary Sewer Area Charge C 26-3Z-Z4-44-Q038 .Lateral Charge Trunk Wat&nnaln Area ChargIJ Trunk Sm1ltary Sewer Area Charge . k'l!lAS.!lmAntll Ram~nl"O Walermaln Connedlon Charge Sanitary Sewer ConnecUon Chwge WotermQln Connection C/large S~SewerConn~onCh.ga Wat9nT1Bln Connecllon Charge SQflltwy Sewer COnneCllon Charge Late~ charge Includes sanl1ary sewer. watennaln. storm sewer and streets. @ 7'0/0 10 Years, Equal Paymem Lateral Charae. Trunk Watormaln and Trunk SlInltary SeWCH' area charges have been paid for OUtIot$ A. B Md C and were Included with the 88Sessments for the original 1 07 lots_ If building permits ai'll requested for Outlets A, B and C thO assessments for WatermaJn and Sanitary Sewer ConnootJons will need to De paid at that tfme. , / " \ / 7 6lY60'd rOO0 e6c c~9 10784 tmtl l. ~ :17~ 966 ~-6C-ff3.:l CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE March 6, 1996 AGENDA SECTION t-O Non-Discussion/Consent Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-O Waive Hearing/Adopt Assessment Roll/ 94-22/Crown Pointe East Scott Erickson,~t Engineering BY: -20. The City Council is requested to approve the resolution adopting the assessment roll for the improvement of sanitary sewer, watermain, storm sewer and ~treet construction for Project 94-22, Crown Pointe East. The developer has waived the public hearing (see attached letter). \ , ) t \ ) MOTION BY: SECOND BY: \ / , , ) , ./ 9</-22.. J\l111wrn 1BrutlnJimttllQ!ri~pnrUtinu,lIut. . 3640 - 152nd Lane N,W. · Andover, MN 55304 · 612-427-9217 Feb~uary 29, 1996 M~. S=8t~ Erickson c: t~{ :::l:gi~1e2r City of Andover 1685 C~osstc'1n Blvd A~~.)ver, MN 53304 ~~: C~ot~n Pointe East assessments ~ -,"~ \:-- '=::-i'.:ks.:::/ A.:3:::,~,::..d D~;.:,::2.;::;:~:12:-::': C0:-PC:'-,3.t:".-:.:1, Il~C. \,;o~Jld a;;ree tCI a.ccept .3.r~ 2sseZ3~~~t c~ 2!:005;346.95 or 59,305.77 per :ot fer Crown Poi~te East. Based upon the ajove. Ashford Development Corporation, Ine, wi:l also, waive ~t's ~ight to a p~D~~= hearing and accept the 232'?s.s:nent. Sin'::e=-~ely I h-w~ Jerr'i Windschitl, President Ashford Development Corporation, Ine, \ j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS PROJECT NO. 94-22. CROWN POINTE EAST. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. 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. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 19 96 and shall bear interest at a rate of --1- percent per annum from the date of the adoption of this assessment resolution. 2. The owners, of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. ) MOTION seconded by Council member and adopted by the City Council at a reQular meeting this 6th day of March ,19 96, with Council members of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in favor voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE AGENDA SECnON tn Non-Discussion/Consent Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM tn Declare CosUOrder Assessment Roll/ Foxberry Farms/94-8 Scott _ Eric~sOn~t Engmeenng BY: ,.;2./, The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll for Project 94-8, Foxberry Farms. \ J , i / MOTION BY: SECOND BY: COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, , J MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREET, FOR PROJECT 94-8, FOXBERRY FARMS THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: , ) WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 640.633.76, and the expenses incurred or to be incurred in the making of such improvement amount to $ 194.653.53 and work previously done amount to $ 195.675.00 so that the total cost of the improvement will be $ 1.030.962.29 , NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 97.590.65 the amount to be assessed against benefited property owners is declared to be $ 933.371.64 , 2. Assessments shall be payable in semi-annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 1996 , and shall bear interest at the rate of L- percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member and adopted by the City Council at a reQular meeting this 6th day of March, 19 96, with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor . ) Victoria Volk - City Clerk FEB-14-1996 08:15 612 292 0083 TKffi ANIl\JVER SPBCIAL ASSJCSSHlm'l'S PROJECT NAME Foxberrv F..rm.. PR~CT NO.: 94-8 P,ffi/ll d . qL/ - i} /3J:B:n.ITY STUDY: oate June 21.. 1994 .Amount $ 666.328.00 CONTRACT AWARD: Date October lR, 1994 Amount $ 616.764.BR $ t;40 Ii:!:! 76 $ 108.595.57 $ 1.729 10 $ 854.60 $ 19.219.01. ~ 6.406 34 $ 3.203,17 $ l. 889 25 $ 149 12 (; 93 .,,; $ :1 932 27- $ 0 00 FI:NAT. ~(")N'!"RA"''I" COST En9ineering: Aerial. ~apping (1% of ~creet) orainage plan (0.3% of ~treet/5toen) Administration (3%) Assessing (1" Invoic@ Bonding (0.5') City Expenses us West Ce11ular Adverti"ing Testing: Br^un ~Arco Lab", and Co~~"~oga Rovers Legal and Easament Construction Interest (6.5%1 10/18/94 to 12/18/95 - 14.0 Months $ ~8,581.39 TOTAL EXPENSES (% of rinal Contraot Cost 30.38(5) + ~ 194 t;,,'l 0;'1 TOTAL COND~ATTON COSTS + $ N/A TOTAL PROJ&C'r COST II 835.287,29 Trnnk SOl]rC~ and StoraC'@: I Watermain: Connection Charge Area Charge l.ateraJ. Cha."9. Sanitary sewe~: Connection ChBrsa Area Charge Lateral ch<!l10ge Stoen Sewer: Area Charge $ ~ $ $ $ t; $ 97.580.00 38.500.00 o 00 23.370.00 36.225 00 II 1111 0.00 (-82...-Unit~ (~Aore!l (~Lr Ll!.L..units (35 0 Acres L~Lr ( 0 Acree TOTAL TRUNK SQURCl!: ANp STORAG" City Share: ($50,750.50+14,939.79+1,098.25)x 1.3038 (See Tables D,F&G) Hartfiel's Estatee Share: (S5,033.40+342.90)x1.3038 (See Tables A&C) roxbe~~y Far.ms sha~e: $S,670.40~1.JOJ8 (S.. Tab1. E) Jonathon Woods Sh~~e: $8,356.50x1.3038 (See Table B) Subtotal 3ha,.ed Costs TOTAL TO BJ: ASSJ:SSJ:D Current Assessment per Lot: S~33,371.64 - $11,382.58 82 Lote Feasibility Report $ll,186.20/Lot June 21, 1994 ,. J.OtHJ Revised 2/12/96 8 $1.190.00) 8 ~1 11\0 00) . $ n 00) Q $ 285.00) Ii $',O~5 00) Q $ 0 00) 9 $ 0.00) of- $195.675,00 + $B7,07B.90 S7,009.62 $7,3!l3.07 $10,895.20 ~()7 ~qn E;~ $933,371 6' FEB-14-1g96 08:16 TKffi Assessment Roll Complh__..ons Foxberry Farms City Project 94-8 ) Andover, Minnesota Commission No. 10673 Sanitary Sewer Sanitary Sewer DivIsion from Bid Change Order No, 4 Less Hartfiel's Estates' Share (See Table A) T Total Sanitary Sewer Watennaln " Watermain Division from Bid Change Order No, 1 T Change Order No, 2 + Less Jonathon Wood's Share (See Table B) Less HartfifJl's Estates' Share (See Table C) 1..855 City SharfJ - Trunk Watermain (See Tabl8 D) Foxberry Farm's Share - Trunk Watermaln (See TablfJ E) T / Total Watermain Stonn Sewer Storm Sewer Division from Bid Total Storm Sewer Streets and RestoraUon Streets Division from Bid Change Order No.2 Change Order No.3 Change Order No.4 Less City Share-Andover Blvd. Oven.ay (See Table F) Less City Share-Xeon Street Bit. Apron (See Table G) Total Streets and Restoration , , / 1 612 2g2 0083 P,07/11 $127,296,95 $150,00 $5,033.40 $122,413,55 $216,401.38 $1,300.00 $7,543.00 $8,356.50 $342.90 $50,750.50 $5,670.40 $171,464.66 $111,957.45 $111,957.45 T T + $172,909.85 $948,75 $1,028.13 $1,098.25 $14,939.79 $1,098.25 $159,946.94 10673 Revised 2/12/96 FEB-14-1996 08:16 TKffi 612 292 0083 P,08/11 Final Costs i / Sanitary Sewer Watennain storm Sewer Streets and Restoration $122,413.55 $171,464.88 $111,957.45 9;159946 Q4 Total Construction Cost $565,782.82 Table A Hartfiel's Estates' Share - Sanitary S9WGr Service to 1425 Andover Boulevard NW. Connect to Exist. 1.0 EA @ $800,00.. $800.00 S" PVC SDR 3510-12' 208.0 LF@ $11.45- $2.381.60 S" DIP CL 50 10-12' . 20.0 LF @ $29.40- $588.00 4' Dia. MH 1.0 EA @ $1,130,00- $1,130.00 4" x B" PVC Wye 1.0 EA @ $24.00- $24.00 4" PVC SDR 35 20.0 LF @ $4.60- $92.00 4" PVC Vert. C/O 1.0 EA@$17.80- $17.80 Total $5,033.40 Table B Jonathon Woods's Share for extending 8" watermain along Hanson Boulevard to serv9 I Jonathon Woods and Foxberry Farms plats. Total Cost: Connect to Exist. Waterrnaln 8" DIP CL 50 Watennaln 8- DIP Restrained Joint WM MJ DIP Fittings 8. MJ GV in 5' Dia. MH Total 1,0 EA @ $350.00- El67.0 LF@ $16.00.. 108,0 LF @ $148,00.. 101.0 LB@ $1,22= 1.0 LS @ $7,543.00: $350,00 $10,672.00 $15,984.00 $123.22 ~7 543 00 $34,672.00 Cost to Jonathon WoodS proportionately based on project contract costs as follows: $195,854.04 x $34.672.00 - $8,356.50 ($195,854,04+$616,764,88) / 2 10673 Revised 2/12/96 FEB-14-1996 08:16 TKffi 612 292 0083 P,09/11 Table C Hartfiel's Estates' Share. Watennain Service to 1425 Andover Boulevard NW. , / 1- Type K Copper 1- Corporation Stop 1" Curb Stop Total eo.o LF @ $4.60- 1.0 EA @ $15,90= 1.0 EA @ $51,00= $276.00 $15.90 $51.00 $342.90 Table D City Share. Trunk Watermain (Andover Boulevard) / Connect to exist. Watarmaln 6" DIP Watennaln 6" MJ Gate Valve a" MJ Hydrant 12" DIP CL 50 Watennain 12- MJ Gate Valve 24- Dia. Casing Pipe forWM 1Z- DIP CL 50 thru Casing MJ DIP Fi"ings Silt Fence Class 5 Gravel Bit, Wear Course Mix Total , 2.0 EA @ $350.00.. 15.0 LF@ $17.35- 2.0 EA @ $310.00:0 2.0 EA @ $1,220.00.- 1,445.0 LF @ $22.25= 3,0 EA @ $650.00= . 80.0 LF @ $96.00:0 80.0 LF @ $20.00.. 750.0 La @ $1.22= .500.0 LF @ $3,00= 32.0 TN @ $6.00.. 24.0 TN @ $24.25... $700.00 $260.25 $620,00 $2,440,00 $32,151.25 $1,950.00 $7,840.00 $1,600.00 $915.00 $1,500.00 $192.00 $582.00 $50,750.50 Table E Foxberry Farm's share of 12" watermain (;oMS along Andover Boulevard between Bluebird Street and Drake Street (Lot 1-4, 810ck 1). Assessment to Foxberry Farms for Watennaln Costs of 12" Watennain will be based on costs of an S. Watermain: S" DIP CL 50 Watermaln / 354.4 LF @ $16.0Q.0. $5,670.40 3 10673 Revised 2/12/96 , . FEB-14-:996 08:16 TKffi 612 292 0083 P,10/11 . ., Table F City costs for Andover Boulevard NW Overlay (Relating to Trunk Watermain): , ) Class 5 Gravel leveling Course - Mix 2331 Type 41 Overlay - Mix 2331 Type 41 CRS-1 Bit-Material for Tack Total 132.36 TN @ $6.00.", 205,98 TN @ $24.25= 367.86 TN @ $24.25= 230.0 GA @ $1.00- $794.18 $4,995.02 $8,920.61 9:?30 00 $14.939,79 Table G City cost for Bituminous Apron at Xeon Stl'Qet NW (Chango Ordor No. 4 Relating to Xeon Street Trunk Storm Sewer City ProJ~ 93-9): Bobcat W/Operator Paving Craw WlEquipment Tri Axis Truck 2331 Type 41A Wear Overhead and Profit (15%) Total 2.0 HR @ $50,00"" 1.5 HR @ $350,00- 1.5 HR @ $52.00.. 14.0 TN @$18,oo.. $100.00 $525,00 $78,00 $252.00 $14::\25 $1,098.25 ... Rate Calculation I 1. Sanitary Sewer Rate: lateral Benefit ($122,413,55)(1.3038) $159,607.68 lateral Sanitary Sewer Rate - $159,607.88182 Lots $1,946.44/Unit 2, Watennain Rate: lateral Benefit ($171 ,464.88x1.3038) $223,563.S3 lateral Watermaln Rate", $223,ssg.S31S2 LDts $2,72S.39/Unlt 3. Storm Sewer Rate: lateral Benefit ($111,957 .45x 1.3038) $145,975.16 lateral Storm Sewer Rate ~ $145,975.16/82 lots $1,780.181Unlt 4. StrGsts and Restoration Rate: Lateral Benefit ($159,94G.94x1.3038) $208,545.22 lateral Streets and Flgstoratlon Rate - $208,543,22IS2 LDts $2,543_23lUnit 5, Sewer and Water Trunk Rats: Sanitary Sewer Trunk Connection $285.OOIUnit Watermain Trunk Connection $1,190,OO/Unlt ) 4 10673 Revised 2112196 FEB-14-1996 08:17 TKffi 612 292 0083 P,ll/ll Sanitary Trunk Area (35.0 Acre x $1,035.00/Acre)/82 ':Cts = $441.77/Unit \ ) Watermaln Trunk Area (35.0 Acre x $1,1 OQ,OO/Acre)/82 Lots - $469.51/Unlt Trunk Charge Per Lot '" $2,386.28 Cost Per Lot Sanitary Sewer Lateral Watermaln Lateral Storm sewer Lateral Streets and Restoration Sewer and Watermaln Trunk Charge $1,946,44 $2,726,39 $1,7BO.18 $2,543,23 $2,386,28 Total Lateral and Trunk Per Lot $11,382,52 7%, Equal payments for 10 years. ) / 5 10673 Revised 2/12/96 TOTAL P, 11 CITY OF ANDOVER REQUEST FOR COUNCIL AcrION DATE March 6, 1996 AGENDA SECTION t\Q Non-Discussion/Consent Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t\Q Waive Hearing/Adopt Assessment Roll/ 94-8/Foxberry Farms Scott.Eric~son,~~ Engmeerlng BY: Olot. The City Council is requested to approve the resolution adopting the assessment roll for the improvement of sanitary sewer, watermain, storm sewer and $treet construction for Project 94-8, Foxberry Farms, The developer has waived the public hearing (see attached letter). '. ) ~ '. ) MOTION BY: SECOND BY: ,_J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. .. , MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STORM SEWER AND STREETS PROJECT NO. 94-8. FOXBERRY FARMS. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: \, .J 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. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 19 96 and shall bear interest at a rate of ---L- percent per annum from the date of the adoption of this assessment resolution. 2. The owners, of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Council member and adopted by the City Council at a reQular meeting this 6th day of March ,19 96, with voting in favor voting Councilmembers of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor \ . .1 Victoria Volk - City Clerk , ) ~ -~~ C'..'t"7""" p...o,.,,. D "'.'/IJh ".. C(l'llh )'1'. lilt II lllJl ;-F~!I.1 td'lA'.' ,)/ f"/'.i r" < ~~ ~..... c"-' ~- '., .t---:~ V. Thursday, February 15, 1996 (-- F F 1:': <~'~r:, Mr. Scott Erickson . ,-. City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 RE' Foxberry Farms Assessments Dear Mr. Erickson: We have reviewed the assessments for Foxberry Farms and find the assessment charges in line with our initial understanding of the projects' costs; therefore, we have no problem waiving the public hearing process. '. If you have any questions, please do not hesitate to call me at 627-0823. / Sincerely, ~d~/// Homer H. Tompkins, III CieneralManager HHT/kc \ q I J (.! \ ,=,..-j .-i:'"'_':Jlh' \::/;-;/1. H'-'(i').~'/'.~l Pin:', .\/.\ :::5-!--I-:; 6:;-~(i.\~ _) . F,lX fi~--tjS-:() CITY OF ANDOVER .' REQUEST FOR COUNCIL ACfION DATE March 6, 1996 AGENDA SECTION t-n Non-Discussion/Consent Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-n Declare Costs/Order Assessment RolI/93-12/Hills of Bunker Lake 5th Addn. Scott .Eric~son, \ t Engineering 0/ BY: 23, The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of sanitary sewer, wate.rmain, storm sewer and streets, for Project 93-12, Hills of Bunker Lake 5th Addition. \ ) "' , , MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ) RES. NO. MOTION by Council member to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREET, FOR PROJECT 93-12. HILLS OF BUNKER LAKE 5TH ADDITION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: / WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 1.066.018.98 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 286.309.47 and work previously done amount to $ 332.665.66 so that the total cost of the improvement will be $ 1.684.994.11 , NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 162,806.13 the amount to be assessed against benefited property owners is declared to be $ 1.522.187.98 . 2. Assessments shall be payable in semi-annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 1996 , and shall bear interest at the rate of ~ percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection, 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof, MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 6th day of March, 19 96, with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ) ..1 J.E. McKelvey - Mayor Victoria Volk - City Clerk FEB-27-1996 09:52 TKffi ANDOV'BR SPBCIAL ASSBSSMJmi'S 612 292 0083 P,02/10 P1J.OJll:CT 1~AMJ!: Hills pf Bunk..r L..k", Stop Addn. p~o~c~ NO.: 9~-12 FEASIBILITY STUDY: Date P'ebruar,y 1. 1994 AmOunt $ 1.573.0QO,OO ':ONTMC'l' AWARD: '-, -_/ Date .}un.. 7 1 qq4 ~ount $ lrO~q 727.70 z:.IJ:{AI. CONTRACT CO;>T EnqinA.ring= Aerial Mapping (1% of street) D~ainage Plan (0.3% of etreet/stor.n) A~ni~tration (3%) Assessing (1%) Invoice Bonding (0,5%' Legal .. lSasement Advertisin9 Public Works/City Engineering Burlington Northern (3 permits) Reoording Fee Testing: ",.".... Intert...", Serna Othe~: U. s. He~t Cel1u1ar Construotion Interest (6.5%) 6/7/94 to 10/10/94 ~ 4.2 Months 5/1/';J5 to 7/10/95 = .2.....J. Months 6.5 Months $ 1,066.018.98 $ 185.659.94 $ 2.305.45 $ 983.97 ~ 3] <1110 57 $ ] n ';';0 1 Cl $ 5 3~Q oc! $ 0 00 $ 270 77 $ 3.711 93 $ 1,350 00 fI 19.50 S I>,2QA /;4 $ 147.00 $ 56.67 $ 37.532 75 TOTAL EXPENSES (% of Final Contract Coat - 26.8578%) + S 286.309.47 TOTAL CONDF.MNATION COSTS -I- $ Nlll. T07AL P!lO.l1I:CT COST S 1.35~ :'1'-8.45 Trunk Source and Storaqe' , ) waterma.:i.~1 Connec::el.otl. Ch""9"c $ J.53.<l30 00 .(~Unit:.:\l fI ~1.14!\ 00) Ar@a Charge $ 64.009 00 (I>n !:;Ollcr@s Q $J. OIlR on, Lateral Charge $ 0 00 ( 0 Ll!' Q $ 0 OQ) Sen.i.t..ry Sewe;&;: Connection Cnarge fJ 36.850.00 "(~Units e $ 275 00,) AJ:ea Charge $-6.0 197 50 (60.50Ao",BS e $ 995,00) Lateral Charge $ 0.00 ( 0 LF e $ 0.00' 5toon Sewer: Area Charge $ 0 00 ( 0 Acres e $ 0 00' Subtotal + $ 314.481i sO + $ Ii 074 39 + $ 12.104.77 I'; 1';2.906 13 $ 169.859 53 S 1 522.187 99 TOTAL TRUNK sqURCE AND STOR1>.(;E Future Street Exten~ion of 139th Lane NW: $4,499.55 (Table F) x 1.35 140th Lane NW (City Project No. 94-3) $9,542.00 K 1.268578 See Agreement Attached At the Sa~ City Share: $ 128,337.50 x 1,268578 (See Tabl.G A and cJ TarAI. '!'O BE ASSlCSSEIl Cu.~ent ~~e~~~ent pc~ Lot: $1.522.1~7r98 ~ $11,359.6l/Lot 134 Lots Feasibility RepOrt 2/1/94 - $12,288.04/Lot * Thoro a,z:o four outl0~$ thet wcre provi.~e<:l with ii.VOI waterma1n and :!lanitary sewer " services, these outlots were partially assessed. :If at a later date these outlots , ) beoome buildable they will be further assessed at that time. A list of assesaments paid anQ ~em..inin9 assessments can be ~oun~ on Tab~e G, FEB-27-1996 09:52 TKDA Assessment Roll Computations Hills of Bunker lake 5th Addition City Project 93-12 ) Andover, Minnesota Commission No. 10483 Lateral Benefit 1, Sanitary Sewer Rnal Construction Cost Change Order No.4, Items 5 and 6 Total Construction Cost Expenses (26.8578%) less City Share Including Expenses ($72,687.00 x 1.268578) See Detail Below. Table A "Future street Extension ($580.00 x 1.35) Includes Expenses See Detail" Table B Next Page , ) Table A City Share 10" PVC in lieu of 8" PVC (14'-16') 10" PVC in lieu of 8" PVC (16'-18') 10" PVC in lieu of 8" PVC (18'-20') 21" PVC In lieu of 8" PVC (10'~12') 21" PVC in lieu of 8" PVC (12'-14') 21" PVC in lieu of 8" PVC (14'-161 21" PVC in lieu of 8" PVC (16'-18') 21" PVC in lieu of 8" PVC (18'-20') 21" PVC in lieu of 8" PVC (20'-22") 1 0" PVC Cleanout in lieu of 8" 4"x21" PVC Wye in lieu of 4"xS" PVC Wye 3S" Casing Pipe In lieu of 1 S" Casing Pipe Total 70.00 IF 90.00 IF 65.00 IF 609.00 IF 211.00 IF 142.00 IF 1021.00 IF 278,00 IF 227.00 IF 1,00 EA 33,00 EA 110,00 IF 612 292 0083 P,03/10 $442,185.01 $ 5.357.00 $447,542,01 $120.199,94 $567,741.95 -$92,209.13 $ 783,00 $476,315,82 $3,50 $4.00 $3.00 $23.00 $22.00 $22.50 $23.00 $22.00 $23.00 $120.00 $311.00 $44.00 $245.00 $360.00 $195.00 $14,007.00 $4,642.00 $3.195,00 $23,483,00 $6,116,00 $5.221.00 $120.00 $10,263,00 $ 4,849.00 $72,687.00 \ ) "Added cost in the sanitary assessment for the extension of 139th NW to the end of the plat. Unit prices were estimated for a future date. 1 10483 FEB-27-1996 09:52 TKM 612 292 0083 P.04/10 Table B Fyture Street Extension (139th Lane NW) , , ) 8ft PVC SDR 3555 (14'-16') 20.00 LF $29.00 S 580.00 $580.00 Future Street Extension Including Expenses $560.00 x 1.35 - $783.00 (Expenses used for fubJre extension 35%) Assessable $476.315,82 = 134 Lots $3,554.59/Lot 2. Watermaln Final Construction Cost Change Order No.4, Items 1 and 2 Total Construction Costs $268,879.50 $ 1.551.66 $270,431.16 Expenses (26.8578%) $ 72,631.86 $343,063,02 / Less City Share ($55,650.50 x 1.268578) Including Expenses See Details Next Page - Table C *Future Street Extension ($1,050.00 x 1.35) Includes Expenses See Detail Next Page. Table D -$ 70.597.00 $ 1.417.50 lJ273,8~.52 · Added cost in the watermaln assessment for the extension of 139th Lane NW to the end of the plat. Unit prices were estimated for a future date. / 2 10483 FEB-27-1996 09:52 TKffi 612 292 0083 P,05/10 Table C / City Share 10" DIP in lieu of 8" DIP Watennain Pipe 210.00 LF $3,00 $630.00 12" DIP in lieu of 8" DIP Watannain Pipe 2155.00 LF $5.50 $11,852.50 16" DIP in lieu of 8" DIP Watermain Pipe 1834.00 LF $14.00 $25,676.00 12" DIP Thru casing in lieu of 8" DIP thru casing 70.00 LF $5,50 $385.00 16" DIP Thru casing in lieu of 8" DIP thru casing 75.00 LF $14.00 $1,050.00 10" Seat GV in lieu of 8" seat GV 1.00 EA $200.00 $200.00 12" Seat BFV In lieu of 8" seat GV 4.00 EA $235.00 $940,00 16" Seat BFV In lieu of 8" seat GV 4.00 EA $840.00 $3,360.00 24" Casing pipe In lieu of 18" casing pipe 70.00 LF $40.00 $2,600,00 28" Casing pipe in lieu of 18" casing pipe 75.00 LF $45.00 $3,375,00 City Share for one half of 8w DIP on Bunker Lake Boulevard 468.00 LF $11.50 $ 5.382.00 $55,650.50 Table 0 Future Street Extension.(139th lane NW) ) 8" DIP Class 50 Watermain 70.00 LF $15.00 $1,050,00 $1,050,00 "Future Street Extension $1,050.00 x 1.35 = $1,417.50 (Expense Rate Used For Future Extension 35%) Assessable $273,883,52 = 134 Lots $2,043,91/Lot . Added cost in the watermain assessment for the extension of 139th Lane NW to the end of the plat. Unit prices were estimated for a future date. " ! 3 '0483 FEB-27-1996 09:53 TKffi 3. Storm Sewer , ~ RnaI Construction Cost Expenses (26.8578%) Assessable S123.614,a8 · 134 lots $922.5011..0t 4. Streets Final Construction Cost Change Order No.4, Items 3, 4 and 7 Change Order No.6, Item 1 Change Order No. 7R. Items 1 and 2 140th Lane NW, Proj. 94-3 Total Construction Cost Expenses (26.8578%) *Future Street Exiension ($2.869.55 x 1.35) Includes Expense S99 Detail Next Page - Table E 612 292 0083 P,06/10 $97,443.50 S26.171.18 $123,614.68 $230,545.41 $6.467,80 $ 5,630,00 $7,959,10 &; 9.542,00 $260,144.31 $ !39,869,(M $330,013.35 S 3.873.89 $333,887,24 * Added cost in the streets assessment for the exiension of 139th lane NW to the end of the plat. Unit prices were estimated for a future date. , .J 4 10483 FEB-27-1996 09:53 TKffi 612 292 0083 P.07/10 Table E Future Street Extension (1391h Lans NW) , ) Surmountable Curb and Gutter Aggregate Base Class 5 Subgrade Preparation Bit. Base Course Mi}l; 2331 T31 Bit. Wear Course Mix 2331 T41 CR8-1 Bit. Material For Tack Roadside Seeding Complete 140.00 LF 63.00 TN 0.70 RS 21.50 TN 14,50 TN 11.70 GA 0.05 AC $8,00 $9.00 $140.00 $28.00 $30,00 $1.50 $600,00 "Future Street E;lI;tension $2,869.55 )t 1.35 = $3,873.89 (E:xpanse Rate Used for future Extension 35"0) Assessable $333.887.24 = 134 Lots $2,491.69/Lot Table F TQjal Additional Cost for the Straet Extension of 139th Lane NW. , ) 1. Sanitary 2, Watermaln 3. Streets $580,00 $1.050,00 $2.869,55 $4,499,55 Including Expenses ($4,499.55 x 1.35) "" $6,074.39 Total Lateral Charge $9,012,69/lot Trunk Source and Storago 5. Watermaln Connsctlon Charge $1,145.00/Lot Area Charge 60,50 AO @ $1.058,OOlAC.. $477.68lLot 134 Lots $1,120.00 $567.00 $98,00 $G02,OO $435,00 $17.55 S 30,00 $2,869.55 "Added cost in the street assessment for the exten~ion of 139th lane NW to tho snd of the plat. Unit prices were estimated for a future date. J 5 10483 FEB-27-1996 09:53 TKDA '. / Sanitary Sewer 6, Connection Charge $275.00ILot Area Charge 60.50 AC La> S995.00/AC = $449.24Lot 134 Lots Total Source and Storage $2,346.92/lot Summary '. Sanitary Sewer Lateral Watermain Lateral Storm Sewer Lateral Streets Lateral Trunk Waterrnain Connection Trunk Watermaln Area Trunk Sanitary Sewer Connection Trunk Sanitary Sewer Area ; Total Unit Charge / 6 612 292 0083 P,08/10 $3,554.59 $2,043.91 $922.50 $2,491.69 $1,145.00 $477.68 $275.00 $ 449,24 $11,359.61/Lot 10483 FEB-27-1996 09:53 TKrn 612 292 0083 P.09/10 TABLE G / Here is a list of the outlats along with the PIN numbers of each outlot, the assessments paid. and remaining assessments if these outlots become buildable. Ql/1IQ1 PIN NumlJ~ Assessments PaId AsseR!m'1Allt!; AOO1alnl~ A 35-32-24-14-0052 .Lateral Charge Watemlaln Conmlctlon Chargo Trunk Watennain Area ChEr'ge Smltary S9W9r connection Charge Trunlt Sanitary Sewer Area Charge "'8 35-32-24-11-0076 .Laleral Charge Watermaln Connection Charge Trunk Watennaln Area Oharge S.-.ltllJY Sewer Connection Oharge Trunk SMI1Q1'y Sowor Ar~ Cho.r'Qo "82 35-32-24-11-0076 .Lateral Charge Watermaln Connection Charge Trunk Walermaln Area Ch8'{Je SliIlltary Sewer Connection Charge Trunk Sanitary sewer Area Charge C 35-32-24-14-0053 .Lateral Charge Waterman Connection Charge Trunk Watennain Area Charue Smltary Sewor ConnQCtion Charge Trunk Sanitary Sewer Area Charge D 35-32-24-14-0054 'Lateral Char'g9 Watermaln Connection Charge Trunk Watennaln Area Charge Sl!II'Iltary Sewer Oonnectlon Charge Trunk Sanitary SII_ Area Charge ; . Lateral charge Includes sanitary sewer, watermaln. storm sewer and streets. "Outlot B Is serviced with two services, @ 7% 10 Years, Equal Payment \ 7 10483 FEB-27-1996 09:54 TKDA 612 292 0083 P,10/10 ;:~g~ 11> J"o- i>tA~ I~ TONY EMMERICH HOMES June 30, 1994 neC.EIVf;D JUL 6 1994 CITY I . vt- r\I"J/.iOVER Todd _\-oI-.I-S ..'_- - City of Andover 1685 Crosstown Blvd. Andover, MN 55304 - ---..'- -.-. ._'"---.. - -- -.-.-- Dear Todd. Hills, Inc. agrees to the a55e9sments of $9,542.00 For the east~rn section of 140th Lane N.W, We would liKe that assc$sment added to the Hills 5th assessment. IF you have any questions plea~e call me at 7SS-6~S4_ / Sin erBly, Emmerich HIL 9, INC. Vic':!-f'l"egident . .. -' ., Past-It- Fall: Nola To :i>h'l c;:"."'d$Df'J CoJOe~''rI'!f)1t Ph"""- FrOIIl -r: ~ $ ("~A'- Co. ~Pr:1t'e-.P-- Phone- ?$Y-flt7&' FilXt F....t , / 2619 Coon Rapids Blvd.. Suite 201, Coon Rapids, MN 55433 TOTAL P,10 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 6, 1996 AGENDA SECnON f\O Non-Discussion/Consent Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM f\O Waive Hearing/Adopt Assessment Roll/ 93-12/Hills of Bunker Lake 5th Addn. Scott. EricksOn,&t Engineering BY: ;:;) 'I. The City Council is requested to approve the resolution adopting the assessment roll for the improvement of sanitary sewer, watermain, storm sewer and street construction for Project 93-12, Hills of Bunker Lake 5th Addition. The developer has waived the public hearing (see attached letter). ) \ ) MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STORM SEWER AND STREETS PROJECT NO. 93-12, HILLS OF BUNKER LAKE 5TH ADDITION. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. 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. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 19 96 and shall bear interest at a rate of ---1- percent per annum from the date of the adoption of this assessment resolution. 2. The owners, of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Council member and adopted by the City Council at a reQular meeting this 6th day of March ,19 96, with of the resolution, and Councilmembers against, whereupon said resolution was declared passed, voting in favor voting Councilmembers CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor , ) Victoria Volk - City Clerk ,I;l ) _r~' TONY EMMERICH HOMES I=-~: ~,~': ~~"'l =::' :~' -;'" t~C', I) February 21, 1996 ,-- ,- n iJ ~ :nOti' ~ttj ( , 'Jo_ (~! i ' .;,.~ '_:: : ;'-/~P City Engineer City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Re: Hills of Bunker Lake, 5th addition Dear City Engineer: Please be advised that on behalf of Hills, Inc., we are in agreement with the \ assessment and hereby waive all rights we might have to a hearing on this / assessment pursuant to Minnesota Statutes Annotated, Chapter 429. Sincerely, Q To~y ~mmerich 10"B8-'Hanson Blvd NW Coon Rapids, MN 55433 \ , ) 10738 Hanson Blvd. NW · Coon Rapids, MN 55433 CITY OF ANDOVER REQUEST FOR COUNCIL ACfION March 6, 1996 DATE AGENDA SECTION ORIGINATING DEPARTMENT APPROVED r-..o. Non-Discussion/Consent Item FOR AGENDA Scott. Eric~son, & l ITEM Engineering r-..o. Declare CosVOrder Assessment Roll/ BY: Fox Woods/94-9 ,25'. The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll for Project 94-9, Fox Woods. , I , , , , MOTION BY: SECOND BY: COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. /' MOTION by Council member to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREET, FOR PROJECT 94-9, FOX WOODS THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: . / WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 493.343.73, and the expenses incurred or to be incurred in the making of such improvement amount to $ 156,789.98 and work previously done amount to $ 253.391.95 so that the total cost of the improvement will be $ 903.525.66 , NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 903,525.66 2, Assessments shall be payable in semi-annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 1996 , and shall bear interest at the rate of L- percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection, 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 6th day of March ,19 96, with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor \ , Victoria Volk - City Clerk FEB-14-1996 08:14 TKffi 1 :nnm. SPB:CTlU. L.qSRS~S PRDJEC~ NAME Fax WoOdS Additinn ~ 'llASI5ILI'tY STUDY: Date .Tun.. 7. 1994 j CONT~CT ANAP~: Date sept~er 7. 1994 P'TN'A!. CONTRACT COaT. Engin@erinq: Aerial Mapping (1% of street) Drainage Plan (0.3% of Btreet/Bto~) A~ni~tration (3\) Assessing (1%) Invoice Bonding (0.5'6) Legal & ~a~cment Advertising Testing: Bral1n Int@rtec. -'s..r"Q !,,,h.. U. S. west C@llUlar City !:xp.n"." Construction Inte:est (6.5%) 9/7/94 to 0/13/95 - 11.2 Month~ Total Construction Interest 612 292 0083 P.02/11 If i'o.OJ15CT NO.: 94-9 Amount $ 491. 508,00 Amount $ 501. :1.:1.4,90 $ 493,343 7~ $ 9a.220,16 $ . 1.409,59 ~ 617,14 $ 14.800 ':l1 $ 4.933,44 $ 2.466 12 $ 0.00 $ 93 29 S 2.499 7~ ~ !l~ 19 $ 1 760 R7 $ $ 29 92Cl 52 + S 156.789 98 TOTAL EXPENSES (Ill of Final Contract Cost = 3L 18111 + ~ RIA Watermain: Connection Charge $ 84.490 00 Ares Ch.arge $ 2<1 1?"in nn Lat..,r..1 Cherg.. $ 2R,417 40 Sanitary Sewer: Connection Charge ~ 20i2~~ 00 Area Charg@ $ 21.427 50 Lateral Charge $ 0 00 Storm Sewer: Area Charge $ 46,173.60 TOTAL CONDEMNATION COSTS ~AL J.lROJ1l:CT OOS'r Trunk 3ourr::~ and 9torl!!lae: ) TOTAL TRUNK SOURCE AND STORAGE City Share: $ S 650,133,71 L11_ Units @ $1.190.00) (~ Acres 8 ~;J.,100 00) (12n 7 U' Q $ 22 00) (..ll- Units Q $ 285 00) (~ Acres EI ~1. 035.00) (-lL- J.F Q $ 0 00) 126.5 Acres @ $1. 742.40) +1; 2:1!;,ng:1 !;O -$ N/A +$ 17 49A 45 $ 17,49B 45 $ 903.!52!5.6G straat Cradit to Hartfi@l's ~state's (94-6) 5 units x $3,499.69 Subtotal 7O'1'AL TO Ell!: ASSESSED Current Assessment per Lot: 5 903.525 66 71 Lots $12,7Z5.7~/LOt Feasibility Report ~ S13,041.01fLOt June 7, 1994 , ) 10674 Revised 2/12/96 FEB-14-1996 08:15 TKD=! ) FInal Costs , , ) Fox Woods AddItion City Project 94-9 Andover, Minnesota Commission No. 10674 SanItary Sewer Sanitary Sewer Division from Bid $146,604.62 Change Order NO.3 1.052.09 Total- Sanitary Sewer $147,656.71 Watermaln Watermain Division from Bid $129,614.85 Change Order NO.3 1.254.75 Total - Watennain $130,869.60 Storm Sewer Storm Sewer Division from Bid $64,754.04 / Change Order No. 1 424.00 Change Order No, 3 345.85 Total- Storm Sewer $65,523.89 Streets and RestoratIon Street Division from Bid $140,958.85 Change Order No.2 4,899,00 Change Order No.3 3.455.68 Total- Streets and Restoration $149,293.53 " J 1 612 292 0083 P.03/11 10674- Revised 2112196 FEB-14-1996 08:15 TKffi Final Costs , J Sanitary Sewer Watermain Storm Sewer Streets and Restoration Total Construction Cost Rate Calculation 1. Sanitary Sewer Rate: Lateral Benefit ($147.656.71 x 1.3178) Lateral Sanitary Sewer Rate $194,582.01/71 Lots 2. Watermain Rate: Lateral Benefit ($130.869.60 x 1.3178) Lateral Watermaln Rate $172.459.96171 Lots 3, Storm Sewer Rate: Lateral Benefit ($65.523.89 x 1.3178) Lateral Storm Sewer Rate $86,347.38171 Lots } , 4, Street and Restoration Rate: Lateral Benefit ($149.293.53 x 1.3178) Street Credit to HartfIel's Estates (5 Units x $3,499.69) Lateral Street and Restoration Rate ($196.739.01 + $17.498.45)171 Lots Total Lateral Unit Charge Trunk Source and Storage 612 292 0083 P.04/11 $147.656.71 130.869.60 65.523.89 149.293.53. $493,343.73 $194,582.01 $2,740.60/Unit $172,459.96 $2,429.02lUnit $86.347.38 $1,216.17/Unlt $196,739.01 $17,498.45 $3,017.44/Unit $9,403.23/Unit 5. Watermain Lateral Charge (13 lots abutting Bluebird Street NW and Lot 23, Block 6 abutting Andover Boulevard) (1291.7lF x $22.001lF)171lots Connection Charge Area Charge (26.5 AC x $1.10Q,OO/AC)171 Lots 2 $400.25IUnlt $1.190.00/Unlt $410,57/Unlt 10674 Revised 2/12/96 FEB-14-1996 08:15 TKDR ) , ) 6. Sanitary $ewer Connection Charge Area Charge (26.5 AC x $1 ,035.00/AC)n1 Lots 7. Storm Sewer Area Charge (26.5 AC x $1 ,742.40)/71 Lots Total Source and Storage Total Unit Charge / , " 3 612 292 0083 P.05/11 ) $285.00IUnlt $386.321Unlt $650.341Unit $3,322.48/Unit $12,725.71 10674 Revised 2/12/96 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 6, 1996 AGENDA SECTION f\O. Non-Discussion/Consent Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM tb. Waive Hearing/Adopt Assessment RollI 94-9/Fox Woods Scott EricksonJf. Engineering BY: d~, The City Council is requested to approve the resolution adopting the assessment roll for the improvement of sanitary sewer, watermain, storm sewer and $treet construction for Project 94-9, Fox Woods. The developer has waived the public hearing (see attached letter). , ) \. J MOTION BY: SECOND BY: - , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. '. ) MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS PROJECT NO. 94-9. FOX WOODS. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. 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. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of Apri I, 19 96 and shall bear interest at a rate of -L percent per annum from the date of the adoption of this assessment resolution. 2, The owners, of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 6th day of March ,19 96, with of the resolution, and Council members against, whereupon said resolution was declared passed, voting in favor voting Councilmembers CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor " Victoria Volk - City Clerk ~itGorham Builders, Inc. @ Mil II, 1l~~H\ ~,'.. 1\111\ 11,/1 'I .~~ ':1',<, "II"""'''ITI l1J#OOUIII7 , I , ,J 10732 IIANSON IILVD, COON RAPms, MN 55433 . PIIONE (612) 755-1717 FAX (612) 755-1117 Scott Erickson Engineering Department Andover, MN 55304 February 22, 1996 This is to inform the City of Andover that as owner and developer of the project by the name of Fox Woods, project #94-9, I wish to waive the pUblic hearing on certification of the assessments. Sincerely, " /~ hJJM~ Gary M. Gorham J ./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE ITEM t-n Declare Costs/Order Assessment RolI/95-7, 95-9, 95-10 & 95-22 Scott Erickson, J\L, Engineering W APPROVED FOR AGENDA AGENDA SECTION t-n Non-Discussion/Consent Item ORIGINATING DEPARTMENT BY: c9'J. The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of streets, for Projects 95-7 (Oak Hollow), 95-9 (Forest Meadows), 95-10 (Hawkridge/ Countryview Estates) and 95-22 (Verdin Acres). , , ) As you will note on the attached worksheet the final assessment amount is less than the estimate in the feasibility report. We are recommending that all lots will receive the same assessment except for the properties that received a driveway culvert would pay $100 more than the other properties as the culvert does provide them with a benefit the other properties did not receive. \ I ) MOTION BY: SECOND BY: '., ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROll FOR THE IMPROVEMENT OF STREETS , FOR PROJECTS 95-7 (OAK HOllOW). 95-9 (FOREST MEADOWS), 95-10 (HAWKRIDGE/COUNTRYVIEW ESTATES) AND 95-22 (VERDIN ACRES). THE CITY COUNCil F THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 356,620.54, and the expenses incurred or to be incurred in the making of such improvement amount to $ 85.725.03 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 442.345.57. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 442,345.57 2. Assessments shall be payable in equal annual installments extending over a , J period of 10 years. The first of the installments to be payable on or before the first Monday in January ~, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember City Council at a reqular meeting this..2!!:L- day of Council members the resolution, and Councilmembers against, whereupon said resolution was declared passed. and adopted by the March, 19 96 , with voting in favor of voting CITY OF ANDOVER ATTEST: . / J.E. McKelvey - Mayor Victoria Volk - City Clerk . \ j ... -,'" ANDOVER SPECIAL ASSESSMENTS PROJECT NAME(S) 95-7 Oak Hollow' 95-9 Forest Meadows 95-10 Hawk Ridge Country View Estates' 95-22 Verdin Acres. Amount $ 423 717.70 CONTRACT AWARD: Date 8-15-95 FEASIBILITY STUDY Amount (Total) $543752 20 FINAL CONTRACT COST Engineering: $ Aerial Mapping (1% of Street) $ Drainage Plan (0.3% of street/storm) $ Administration (3%) $ Advertising $ Testing: $ Public Works (Culvert Cleaning) $ Permanent Signing $ \ Construction Interest (7.0%) $ '- j 47 549.46 3 566,21 1 069 86 10 698.62 562.48 4 328.35 6 320.00 2 693.68 8 936.37 TOTAL EXPENSES (% of Final Contract Cost = 24.04% ) TOTAL PROJECT COST Project t:/.Q... 95-7 95-9 95-10 95-22 WITHOUT Driveway Culvert $ 3,798.67 $ 3,798.67 $ 3,798.67 $ 3,798.47 With Driveway Culvert $ 3,898.67 $ 3,898.67 $ 3,898.67 $ 3,898.67 Total Assessable !.In.iN 17 24 64 ...1i 116 Total Assessable Units Estimate from Feasibility Reoort $ 4,792.00 $ 5,000.00 $ 4,549.00 $ 4,650.47 \ . I $ 356 620 54 +$ 85725,03 =$ 442 345 57 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE AGENDA SECnON f\O.. Non-Discussion/Consent Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM f\O.. Order Plans & Specs/96-6/ Misc. Concrete Curb & Gutter Repairs Scott Erickson, ~ L Engineering , BY: ~g, The City Council is requested to approve the resolution ordering the improvement of concrete curb and gutter repairs and directing the preparation of final plans and specifications for Project 96-6, Miscellaneous Concrete Curb and Gutter. \ '.. ) ) MOTION BY: SECOND BY: \ , ) , , / , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF MISCELLANEOUS CONCRETE CURB AND GUTTER PROJECT NO. 96-6 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 96-6 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate the City Enqineer as the Engineer for this improvement and he is directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this ~ day of March, 1996, with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION f\O Non-Discussion/Consent Item ITEM f\O Approve Final Payment/95-7, 95-9,95-10, 95-22/0ak Hollow, Forest Meadows, Hawkridge/Countryview Estates, Verdin Acres c<Y March 6, 1996 DATE ORIGINATING DEPARTMENT Scott Erickson, ~t Engineering The City Council is requested to approve the resolution accepting work and dire~ting final payment to Bauerly Bros., Inc. for Projects 95-7 (Oak Hollow), 95-9 (Forest Meadows), 95-10 (Hawkridge/Countryview Estates) and 95-22 (Verdin Acres) for the improvement of street construction. \ , / ) MOTION BY: SECOND BY: APPROVED FOR AGENDA BY: '\ \. ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORKAND DIRECTING FINAL PAYMENT TO BAUERl Y BROS.. INC. FOR PROJECT NOS. 95-7 (OAK HOllOW), 95-9 (FOREST MEADOWS), 95-10 (HAWKRIDGE/COUNTRYVIEW ESTATES). 95- 22 (VERDIN ACRES) FOR THE IMPROVEMENT OF STREET CONSTRUCTION. WHEREAS, pursuant to a written contract signed with the City of Andover on AUQust 15 I 19~. Bauerlv Bros.. Inc. of Sauk Rapids, MN has satisfactorily completed the construction in accordance with such contract. , NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. J MOTION seconded by Council member and adopted by the City Council at a reQular meeting this ....ill!:L day of March, 19 96, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE March 6, 1996 AGENDA SECTION t-O Non-Discussion/Consent Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-O Approve Purchase of Half Section Books Scott. Eric~son, &t. Engineering BY: ...3 6 ' The City Council is requested to approve the purchase of half section books for the City of Andover. The quotes received consist of the following items: , / . 20 books printed . 78 pages (reduced from approximately 24 x 36 sheets to 11 x 17 sheets) . printed on Tyvek paper . GBC bound . back and front covers (gray w/black lettering, cover to have City of Andover name and logo along with miscellaneous information) Quotes received are as follows: Presto Graphics $2,715,75 Customgraphix $5,921.40 Moline $6,044.94 (Cost includes tax.) The funding will be from the Mapping Fund. '"- ~ / MOTION BY: SECOND BY: Bi' :-Werner Kano'Radio 5820 74th Avenue N. Brooklyn Park, MN 55443 Senator Rod Grams 2013 2nd Avenue N. Anoka, MN 55303 Judith M. Zachary 11460 Robinson Drive Coon RApids, MN 55433 ) __ Charles Veiman 13646 Crooked Lk Blvd N.~. Andover, MN 55304 The Times P.O. Box 48276 Minneapolis, MN 55448 Doug Urhammer Anoka Electric Coop. 2022 N. FErry Street Anoka, MN 55303 Sandy Warneka 14791 Blackfoot Street N.W. Andover, MN 55304 Karen Christofferson BATC 1325 East 79th Street Minneapolis, MN 55425 Shari Halverson Firstar Bank 3445 Bunker Lake Blvd N.W. Andover, MN 55304 Dan Cole Box 177 Forest Lake, MN 55025 Karen Sivanich P.O. Box 48433 Minneapolis, MN 55448 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 6. 1996 AGENDA SECTION North Metro Mayors Association ADMINISTRATION Richard Fursma~\~ lITEM NO. Add-on I BACKGROUND: A representative of the North Metro Mayors Association will be giving a presentation at 7:00 p,m, to open the meeting, DATE March 6. 1996 ITEMS GIVEN TO THE CITY COUNCIL Planning and Zoning Commission Minutes - February 13. 1996 Park and Recreation Commission Minutes - February 15. 1996 Special Closed City Council Minutes - February 20. 1996 Housing and Redevelopment Authority Minutes - February 20. 1996 Economic Development Authority Meeting - February 20. 1996 Special Citv Council Minutes - February 20. 1996 City Council Minutes - February 20. 1996 Letter from Rick Ericksen. Andover Sno Dragons - February 21. 1996 Ordinance No. 98A Seasonal Road Restrictions on City Streets Andover Illinois Article Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. ~ C.Q- 3/clcr0 RECEIVED FEe 2 4 1996 CITY OF ANDOVER February 21, 1996 Office of the Mayor Andover City Hall 1685 NW Crosstown Boulevard Andover, MN 55304 Dear Mayor McKelvey and City Council Members, Thank you for allowing myself the February 6, 1996 agenda. questions which we had, and I you our goals and objectives. and our snowmobile club time to speak on You were able to answer a number of hope I was able to communicate clearly to We are currently in the planning process for our annual meeting which is scheduled for Tuesday, March 5, 1996 at Majestic Oaks Country Club. After the election of new officers, I will forward on to you the information I promised regarding some ideas we have to assist in the enforcement of the City Ordinance, which I believe we were all in agreement needs to be reviewed. Again, thank you for your patience and understanding. All of us are committed to continue working hard towards the common goal of safe snowmobiling in Andover, ~ R~gardS, ~'aJ Rick Ericksen Secretary of Andover Sno Dragons - RE/tmp CITY OF ANDOVER COUNlY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 98A AN ORDINANCE AMENDING ORDINANCE NO. 98, REGULATING LAWFUL GAMBUNG WITH THE OTY OF ANDOVER. The City Council of the City of Andover does hereby ordain: Ordinance 98 is amended as follows: Section 5. Gambling Tax. Pursuant to Minnesota Statute 349.212, gambling tax is hereby imposed of one-tenth of one (1/10%) percent of the gross receipts of each licensed organization from all lawful gambling less prizes actually paid out by the organization. Such tax shall be imposed and commenced to accrue as of September 1, 1991 and shall be payable at the office of the City Oerk of Andover, Minnesota, on October 2, 1991 and-on-the-~Q~y.ehach-meRth.th&eaft&- on or before July 2 and February 2 of each year thereafter. Section 6. Records and Reports. All qualified organizations operating gambling devices in the City of Andover shall keep monthly financial records of same and provide such records to the City Oerk commencing September 2, 1991 and GR the-2Rd-day-ef-ead:l-meRth-thereafter on or before July 2 and February 2 of each year thereafter. Adopted by the City Council of the City of Andover this 20th day of February, 1996. CITY OF ANDOVER Attest: fl. t. ?l/vJ:~ C-f,E. McKelvey - Mayor d~d~ Victoria Volk - City Oerk CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 NOTICE CITY OF ANDOVER SEASONAL ROAD RESTRICTIONS ON CITY STREETS (LOAD UMITS) Effective Mondav March 11 I 1996, residential streets are restricted to 5-ton axle weight limit with some residential streets posted for 4-ton axle weight limit. City collector streets are usually posted at 7-ton. r;4dYr!!j~~ Scott Erickson City Engineer SE:rja cc: Anoka Union Mayor and Council Anoka County Sheriffs Office Andover Deputies City Hall J DATE March 6. 1996 ITEMS GIVEN TO THE CITY COUNCIL Planninl! and ZoninQ Commission Minutes... Februarv 13 1996 Park and Recreation Commission Minutes - Februarv 15 1996 Soecial Closed City Council Minutes... Februarv 20. 1996 Housinl! and Redevelonment Authoritv Minutes... Februarv 20 1996 Economic Develonment Authoritv Meeting - Februarv 20 1996 Special City council Minutes... Februarv 20. 1996 City Council Minutes... February 20 1996 Letter from Rick Ericksen Andover Sno DraQons - Februarv 21 1996 Ordinance No. 98A Seasonal Road Restrictions on City Streets Andover Illinois Article Schedule of Bills PLEASE ADDRESS "'ESE ITEMS AT nllS MEETING OR pUT TlIEM ON THE NEXT AGENDA. THANK yOU. \, . I ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 6, 1996 DATE AGENDA f\Q SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Add-On ITEM f\Q City Clerk BY: Approve Abatement V. Volk ~,~. The City Council is requested to approve an abatement of special assessments for Lot 7, Block 1, Hidden Creek East 5th Addition. The assessments were paid in full on July 22,1994 and recently it was found that they are still being certified to the property taxes. Council is also requested to approve refunding the amount paid by the property owner in 1995 ($156.38). MOTION BY: SECOND BY: An?k". Cou~ty Division 01 Property Records & Taxation Abatement Form 7 (Rev 2/95) County Auditor's Number For Taxes Assessed in 19--2.L and Payable in 19-2.L County of Anoka Please print or type. Applicant's Name City of Andover Applicant's Mailing Address 1685 Crosstown Blvd. NW Applicant's Social Security Number Andover, MN 55304 Applicant's Telephone Number ( 612) 7c;c;-C;lnn Date 01 Applical/on 6 , 1996 March DESCRIPTION OF PROPERTY I Property 1.0. or Parcel Number 34 32 24 34 0063 Street Address (il dillerentthan above) City or Township School District Number 2085 - 135th Lane NW Andover II APPLICATION FOR ABATEMENT - SPECIAL ASSESSMENTS (M.S. 375.192} LEGAL DESCRIPTION OF PROPERTY Lot 7, BLock I, Hidden Creek East 5th Addition APPllCANrs STATEMENT OF FACTS Special Assessments were paid in full In 1994 and should not have been certified to the taxes. APPLlCANrs REQUEST Include fund number & amount due lor payable tax year being abated. not total principal amount. Abate assessments as follows: Fund Fund Fund 1446 : 1348 : 1472 : $103.00 9.83 43.55 Applicant's Signature Date NOTE: Minnesota Statutes 1988. Section 609.41, .Whoever. in making any .statement, oral or wrinen, which is required or au1honzed by law to be made as a basis of imposing, reducing or abating any tax or assessment, intentionally makes any statement as to any material maller which the maker of the statement knows is lalse my be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.. CITY OF ANDOVER REQUEST FOR COUNCIL ACflON March 6, 1996 DATE APPROVED FOR AGENDA ORIGINATING DEPARTMENT AGENDA f'O. SEcnON ADD ON planning ~ BY: ITEM f'O. planned unit Developments David L. carlberg planning Director The city council is asked by the planning and zoning commission to disCUSS the issue of density incceases cegacding planned unit Developments (PUDS). The commission diSCUssed this issue at theic rebcuacy 27, 1996 meeting. The council had dicected staff to pcepace and the commission to ceview a pUD ocdinance which did not allow foc an inccease in density, but allowed foc the same numbec of lots that could be constcucted on the net oc buildable acces. The commission believes that unlesS thece is a pcovision foc density incceases in the ocdinance, the ocdinance will not be utilized by developers. The planning and zoning commission asks foc dicection at this time. SECOND BY: MOTION BY: TO: Mayor and City Council FROM: David Almgren-n- j-- RE: iFEBRUARY,1996 BUILDING DEPARTMENT REPORT I ' 1 ,- i i I hereby submit the following report of the Building Department for the Month ofIFeb-,uaiyi~F. .. I : BUILDING PERMITS ! In n__ I' 24 \ Residential)21 s/w-3 septic) 1~~;ii~l7Fi"i;hi"~I... . u c:ornrnEl~ci~ Buildin.L Pole Buildings/Barns shedsl__---_~--_- Swimming Pools 41 Chimney/Stove/FirElplace I ,,' ,un ,,-- "n' - 11 Structural_Chan\les 11' PorcheslDecks Repair Fire Damage '1~~:'~f \- ... 31 \SUBTOTA~ ' PERMITS \ - \ ' 311BUilding P~r~fC_ \~~r~U~~~ng -_ _ ____,~ Demolition Footing _ Renewal I Movin\l_nn 161Heating , 11 Heatin9 Repair 21 Hook Up (Sewer) 25 PlurTl_~in9~l_- -- 1 Plumbing Repair 4~ ~~;kn~\-~- Septic Repair -------- - . -" _.- " 21 Water Meter 24 Certificates of Occupancy 18 Contractor's License I 22 License Verification Fee 1 Health Authority I 210 Sewer Admin. Fee I 211sAC RelainageFee , 'jReinspeCtlol1 Fee- - ._n o - \'-' - I TOTALS \ \ n!Total Number of Houses YTD - 1996 \Total Number of Houses YTD... 1995 \Total VallJation..'fTD - 1996 : Total Valuation YTD -1995 !Total Building Department Income YTD - 1996 iTotal Building Department Income YTD -1995 Permit/Plan, Tax ! $ 33,990.39 : $ 1,177.00 , $ Total Valuation 35,167.39 $ 2,354,000.00 $ : 330.25 '~ $ 21.00: $ 106.84 $ 68.50 · $ 1.25 $ $ 34,516.98 I $ 1,185.25 $ 335.65 $ 21.50 $ 107.94 $ 69.75 $ 10,300.00 500.00 2,200.00 2,500.00 35,702.23 . $ 2,369,500.00 t FEES COLLECTED $ 34,516.98 ' $1,185.25 . $ 35,702.23 . ' ' \ 505.00 . $ 25.00 $ 525.00 $ 3,024.00 $ 40.00 $ 132.00 . 35.00 : $ 1,050.00 : $ 96.00. 450.00 ' 110.00 5.00 315.00 189.00 I i 8.00. $ 0.50: $ 10.50 $ 12.50 $ 0.50' $ $ 0.50' $ 10.50 I $ $ $ $ $ !$ $ ! $ 41,017.98 . $ 1,228.25 I $ I 0 ! , , 39: 221 I $ $ $ ,$ 513.00 25.50 535.50 3,036.50 40.50 . 132.00 35.50 1,060.50 96.00 450.00 110.00 5.00, 315.00 189.00 42,246.23 4,061,793.00 , 3,126,196.00 68,702.93 32,132.66 ,)> '<l I sa ~ ~ I ~~; I ~ (/'1:+ Q , (l {\~ t P t" C' I .... -t ., C''' lfl I y:>" I ~.::~ 1 "." ... ~""i ~ I (':t:-; I .!:t SlI 0 1 ~ ~ .. ~ _.._ I '<::l~~ S> " ~ :E..... I o ~ ~ 1 ~.... 'C . "'~! I ~ ~;- I ..,. 0 l' \ " 1'-.... ....o,~ I ;po" ., ",.," ",-'> '" g ~~ I -' .... p -" I ....~ .... ~f> _ I . p ~ I 6 :I: I o \ :I , : ....- "'-- lLJ ~ Q,v....., -:r: -I-e 1"- 11= I Orc.\"cl '" .. ". .. .. 0 - 5 ; c' ( '" 0 ~ ? 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