HomeMy WebLinkAboutCC March 6, 1996
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CITY of ANDOVJ:R
Regular City Council Meeting - March 6, 1996
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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
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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)
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February 20, 1996 Special City Council Meeting (Kunza absent)
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MOTION BY: SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
March 6, 1996
DATE
AGENDA
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SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion Item
Senior Housing Development
Proposal- Bunker Lake Blvd. NW
Plming ~
David L. Carlberg
Planning Director
BY:
ITEM
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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).
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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.
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MOTION BY:
SECOND BY:
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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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.
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RESOLUTION NO. 050-96
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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.
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(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
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and made a part of this Resolution, or in any other format which may at the time comply
with the Regulations.
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(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.
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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
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EXHIBIT A
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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.
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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
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EXHIBIT B
CITY OF ANDOVER 2/29/969:32 AMPROJECTS.xLS
CAPITAL IMPROVEMENT PROJECTS
1996 BONDING
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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
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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.
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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.
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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.
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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.
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MOTION BY:
SECOND BY:
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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.
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MOTION BY:
SECOND BY:
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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.
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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:
("
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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.
,
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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
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[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
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TYPICAL ORNAMENTAL
LIGHTING OPTION
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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
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STANDARD AEC
LIGHTING OPTION
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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.
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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.
\.
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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.
/
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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.
\
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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)
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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)
,
,
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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 .
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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.
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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
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.. 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
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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
,
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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
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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
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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
"
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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
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) 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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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After recording please return to:
Ann: Technical Services AdminiStnltor
AT&T Wirele.5$ Services
2515 24th Avenue South
Minneapolis, Minnesota 55406 .
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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:
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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
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'. TELEV1SION AND RADIO ~T~NAS ~D SU~PORTING TOWERS
18B.01
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186.02
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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
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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. .
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(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.
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(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.
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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
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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.
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(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
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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.
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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.
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(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.
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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.
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8. Insurance.
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(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
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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.
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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
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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:
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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.
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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
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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
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STATE OF H,(\(',t....~
county of ~Y"'f"'\lt.flll '")
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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:
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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.
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~)(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'
....
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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.
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EXHIBIT E
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~ 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.
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INFORMATION SERVICE
League of Minnesota Cities
183 University Ave E.
St. Paul. MN 55101
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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
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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:
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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.
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ORDINANCE No. 506
Page 2
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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.
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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.
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CITY OF BURNSVILLE
ATTEST:
~
. ~1-" I? c&~~ .-/
Susan P. Olesen, City Clerk
10-7
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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:
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(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.
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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,
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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.
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POLICY NUMBER
5.240.
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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
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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.
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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.
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Submitted by
(]; ,/J ~ ~~11
Date November 23, 1982
(
Reviewed by
Date November 23, 1982
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
March 6, 1996
DATE
AGENDA
tn
SECTION
Reports of Staff, Committees,
Commissions
ORIGINATING DEPARTMENT
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Todd J. Haas,
Parks Coordinator
APPROVED
FOR AGENDA
ITEM
tn
Approve Hiring of Temporary Building
Attendants/Field of Dreams
BY:
/,2.
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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.
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MOTION BY:
SECOND BY:
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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.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE 3/6/1996
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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:
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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
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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
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. 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.
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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.
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MOTION BY:
SECOND BY:
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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.
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CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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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:
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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.
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MOTION BY:
SECOND BY:
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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
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ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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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,
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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,
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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.
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MOTION BY:
SECOND BY:
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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:
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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
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ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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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
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